WARRANTY
Dero will warrant its products against defects in workmanship and materials for a period of (12) months from the date of delivery for all products consisting of TGIC powder coat, Thermoplastic powder coat, stainl ess steel finishes, and for a period of two years on products consisting of galvanized or Thermoplastic/PVC rubber dip over galvanized finishes. Under this warranty, Dero’s liability is limited to repair or replacement, at Dero's option, of products found in Dero's reasonable judgment to have been defective in workmanship or materials.
This warranty does not cover failure due to negligence, abuse, vandalism, accidents, lack of maintenance, or improper installation; nor does it cover defects or failure due to products tampered with, altered , modified or repaired by anyone not approved by Dero.
The air pump for the Dero Air Kit 1 is warranted for above freezing temperatures. The air pump is not warranted in below freezing temperatures and it is strongly recommended that air pumps are removed and stored indoors during periods of below freezing temperatures. There is a six month warranty period for the pump, parts and gaskets. Acts of God, improper use or vandalism are not covered by this warranty
The Dero Air Kit 2 and Air Kit 3 are warrant ed for temperatures ranging from -30 – 110 degrees. There is a one year warranty period for the pump, parts and gaskets, and a six-month warranty on the hose and pumphead. Acts of God, improper use or vandalism are not covered by this warranty
Dero will assume transportation charges for return of the defective product if returned by the buyer in accordance with written instructions from Dero. Dero will not be responsible for providing the cost of labor for removal or installation of the defective product or any replacement. In no event shall Dero be liable for special, inherent or consequential damages, including, without limitation, loss of use or profits.
Proof of sale from Dero or from an approved dealer is required. The foregoing warranty is exclusi ve and is given and accepted in lieu of any and all other warranties, expressed or implied, including, without limitation, the implied warranties of merchantability and fitness. The remedies of buyer for any breach of warranty shall be limited to those pr ovided herein.
No agreement varying or extending the foregoing warranty will be binding upon Dero unless it is in writing and signed by a duly authorized officer of Dero.
Any questions regarding this warranty should be directed to:
Dero
504 Malcolm Ave SE
Suite 100
Minneapolis, MN 55414
Toll free 888-337-6729
www.dero.com
LIMITED WARRANTY
Everlast Climbing Industries, Inc. (“ECI”) warrants to the original purchaser that products from ECI will be free from defects in materials and workmanship for a period of one full year from the date of purchase, normal wear and tear excepted. Should the products purchased directly from ECI, or authorized partners, fail to conform to this warranty during this one year warranty period, ECI will, at its option, repair or replace the faulty unit(s) at no additional charge. This limited warranty does not include service to repair damage to the products purchased from ECI, or authorized partners, resulting from a cause other than defect or malfunction, including neglect, accident, unreasonable use or servicing or modification by anyone other than ECI.
EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS PURCHASED FROM ECI ARE SOLD “AS IS.” ECI MAKES NO WARRANTIES EXPRESS OR IMPLIED HEREUNDER AND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Warranty service may be obtained by contacting ECI in writing at the address shown below within one year of original purchase and providing proof of purchase date. You, the original purchaser, agree to pay the cost for ECI to ascertain that damages have occurred. For further information, contact:
Everlast Climbing Industries, Inc.,
1335 Mendota Heights Road, Mendota Heights, MN 55120
Phone: (651) 665-9131 Toll Free: (800) 476-7366
All warranties on the products purchased from ECI are limited to one year from the date of purchase.
Failure to install and maintain products according to ECI’s Installation and/or Maintenance Instructions will void this warranty. Any modifications or changes to the product’s panels, wall products or hand holds, without ECI’s express written approval, will void this warranty.
If the product does not conform with the warranties given as stated above, your remedy is to have the unit repaired or replaced as provided above. In no event will ECI be liable for any loss or damage, including damages of any kind arising out of the use of or inability to use this product, for incidental or consequential damages, or for any claim by anyone other than you, the original purchaser.
Some states do not allow limitations on warranties and do not allow the exclusion or limitation of incidental or consequential damages, so any such limitation or exclusion may not apply to you.
This warranty gives you specific legal rights which may vary from state to state.
Purchasing Entity:
Purchase Date:
* Keep this document for your records and proof of warranty.
NR - SERIES – ALUMINUM ANGLE FRAME
MANUFACTURER: GT Grandstands, Inc., 2810 Sydney Road, Plant City, FL 33566, Ph (866) 550- 5511, Fax (813) 305-1419
DESIGN: The bleachers shall be designed to support, in addition to their own weight, a uniformly distributed live load of not less than 100 psf of gross horizontal projection of the bleachers. All seat and foot plank members shall be designed to accommodate 200 plf across a 6' span with a maximum deflection of 9/16".
The bleachers shall be designed to resist, with or without a live load, a horizontal wind load of 30 psf of gross vertical projection. In addition to the live load, the bleachers shall be designed to resist the following sway forces: (1) 24 plf of seat plank in a direction parallel to the length of the seat, and (2) 10 plf of seat plank in a direction perpendicular to the length of the seat. Under these loads, stresses in aluminum members and connections shall not exceed those specified for Building Type Structures by the Aluminum Association.
CONSTRUCTION: The understructure, including crossbracing, shall be of a welded, aluminum angle (6061- T6 alloy, mill finish) construction. The understructure of each unit shall consist of frames spaced at 6' centers joined by crossbracing at adequate points to comply with the design loads.
FRAME MEMBER SIZES:
Seat Posts: 3" x 2"x 3/16" min. (Row 2)
1 3/4" x 1 3/4" x 3/16" min. (All other rows)
Foot Brackets: 2" x 2" x 3/16" min.
Crossbracing: 1 1/2" x 1 1/2" x 3/16" min.
Bottom Runners: 2" x 2" x 3/16" min.
DIMENSIONS: The rise per row shall be 7", seat height 16" above respective tread, and tread depth per row of 24”. Overall depth of unit is 2’ 9-5/8”. Clear width of unit is 15’. Top row seat height is 1’-11”.
SEAT PLANKS: Seat planks shall be 2"x10" nominal, extruded 6063-T6 aluminum alloy with a clear anodized finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075” wall with two internal legs.).
TREAD PLANKS: Tread planks shall be of one 2"x10" nominal, extruded 6063-T6 aluminum alloy with a mill finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075” wall with two internal legs.).
ALUMINUM PLANK HARDWARE: Tie-down assemblies consisting of a four-way adjustable aluminum clip, with galvanized bolt with nut and washer shall be provided for each connection point at each support.
WARRANTY: GT Grandstands warrants to the Buyer that its bleachers shall be free from defects in material and workmanship under normal use for a period of five (5) years provided they are installed per GT Grandstands installation instructions and that component parts supplied by GT Grandstands are used. GT Grandstands’ obligation under this warranty shall be limited to repair and exchange of any such item, which may prove defective under normal use (vandalism and premeditated damage excluded) during such period. GT Grandstands will release the warranty documents to the buyer only after the Buyer has paid GT Grandstands in full the final contracted amount.
194 Bodo Dr. Suite F, Durango, CO 81303, P: (970) 375-7825, F: (970) 247-0856
Freenotes Harmony Park Warranty
Our Outdoor Musical Instruments are designed for durability and playability. We are confident that they will withstand all types of normal weather conditions and normal frequent play. They will never need re-tuning and can be enjoyed by all, any age or ability.
All Freenotes Harmony Park (“FHP”) instruments will be built to our documented procedures and with the highest quality. Our warran ty provides that our products will be free of defects in manufacturing and material.
Warranty begins on date of shipment. If any failures in manufacturing or materials occur within the applicable warranty period, FHP will provide replacement parts or products as determined by FHP within 30 days after written notification.
All FHP products carry a 5-year limited warranty on all standard/stock instruments and posts. All custom instruments and posts carry a 90 day warranty.
This warranty is valid for purchases on or after January 1, 2016.
This warranty is valid only if the mounting/assembly and ground/foundation works are carried out as described in the Installation Instr uctions of your FHP products and maintained according to the maintenance instructions provided by FHP. For all warranty issues it is the responsibility of the customer to cover all shipping costs, when necessary, for warranty items. FHP will not be responsible for providing labor or labor costs for the replacement of products or parts.
All replacement parts or products will be covered for the duration of the original warranty.
All products must be inspected immediately upon arrival. It is your responsibility to note any shipping damage on all copies of shipping paperwork. You must report any damage within 48 hours to Freenotes Harmony Park or to your FHP distributor.
Damage not reported within this time frame cannot be covered under warranty.
FHP cannot warrant against:
Theft, vandalism, misuse, negligence or accident.
Scratches on paint, aluminum, or any finishes.
Cosmetic issues or wear and tear from normal use.
5120 Investment Drive, Fort Wayne, IN 46808
Toll Free (888)-568-9064
Fax (260)-482-7449
E-mail: [email protected]
Online: www.bleachers.net
5-YEARWARRANTY
Aluminum planks covered against blistering,
cracking, peeling or flaking due to weather, temperature changes, continued exposure to rain, snow or U.V. rays from the sun. 1 Year Warranty - failure of structural strength of any framework component.
For full warranty information visit: bleachers.net
Limited Warranty Information:
The product I purchased is not what I expected. Can I return the product?
You may return items within 30 days of receipt for a refund. All products are warranted free of manufacturer defects for 90 days from invoice date. No other warranty, written, or implied, exists unless noted on the website or in the catalog.
To return a product, please call our customer service department 800.321.6975 to receive a return merchandise authorization number. You must have pre-authorization prior to returning a product.
Due to manufacturing changes and raw material costs, some product characteristics may vary slightly and prices may be affected.
Warranties
Power Systems (PS), LLC issues limited warranties on some of our products. We do list 3 and 5 years on some products – this does not cover normal wear and tear. This limited warranty states that the goods shall be free from defects in material and workmanship.
This warranty shall not apply in the event of defects caused by: (I.) Physical abuse of the goods or any component or acts of vandalism by any persons. (II.) Alterations, modifications made to our products will void the warranty. (III.) This warranty does not extend to normal wear and tear of a product.
800.791.8056
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•TWO-YEAR LIMITED WARRANTY ON AQUATIC LIFTS
•THREE-YEAR LIMITED WARRANTY ON STAINLESS STEEL DECK
EQUIPMENT & AQUATIC LIFT FRAME*
UPlay Today™ Warranty
UltraPlay Systems, Inc. warrants its products to be free from defects in materials and/or workmanship, sub- ject to normal usage and installation, for a period of 1-year from the date of shipment to the original pur- chaser. In the event of a claim under this warranty, UltraPlay Systems will replace the component at no cost within the rst 12 months from date of shipment to the original customer. Equipment not specically ad - dressed in the following paragraphs is also subject to this limited 1 year warranty against defects in materials and/or workmanship.
TEN-YEAR LIMITED WARRANTY ON UPRIGHT POSTS
UltraPlay Systems provides a limited warranty on metal upright posts to be free from defects in materials or workmanship against structural failure which causes the product to become unt for its intended use, subject to normal usage and installation, for a period of 10 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON METAL PARTS
UltraPlay Systems provides a limited warranty on metal decks, steps, stairs, rails, pipes, support posts, rungs, loops, swing frame yokes and clamps to be free from defects in materials or workmanship against structural failure which causes the product to become unt for its intended use, subject to normal usage and installa - tion, for a period of 5 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON GROUND-MOUNT METAL PARTS
UltraPlay Systems provides a limited warranty on metal footers, inground footers, surface mount plates, ground spikes, slide and climber mounting posts and plates to be free from defects in materials or work- manship against structural failure which causes the product to become unt for its intended use, subject to normal usage and installation, for a period of 5 years from the date of shipment to the original customer.
THREE-YEAR LIMITED WARRANTY ON PLASTIC PARTS
UltraPlay Systems provides a limited warranty on the following plastic parts: slides, climbers, roofs, tunnels, bridges, panels and border timbers. These components are warranted to be free from defects in materials or workmanship, subject to normal usage and installation, for a period of 3 years from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HARDWARE
UltraPlay Systems provides a limited warranty on hardware to be free from defects in materials or work- manship against structural failure due to breaking or shearing, subject to normal use and installation, for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HDPE CLIMBERS AND HDPE SPRING RIDERS UltraPlay Systems provides a limited warranty on high density polyethylene (HDPE) climbers and spring rid- ers against degradation for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON SPRING RIDER METAL PARTS
UltraPlay Systems provides a limited warranty on metal springs, bases and brackets of spring riders to be free from defects in materials or workmanship against structural failure which causes the product to become unt for its intended use, subject to normal usage and installation, for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON STRAP AND TOT SEAT
UltraPlay Systems provides a 1 year limited warranty on strap and tot swing seats against structural failure that causes the seat to become unt for its intended use. Additionally, chain, “S”- hooks and hangers are cov - ered under a one-year limited warranty.
LIMITED WARRANTY ON SITE FURNISHINGS
UltraPlay Systems provides a ve-year limited warranty on the nish of thermoplastic coated site furnishings from the date of shipment to the original customer. Additionally, all site furnishings are guaranteed to be free from defects in materials or workmanship for one-year from the date of shipment to the original cus- tomer.
All warranties specically exclude damage caused by man-made or natural disasters, vandalism, negligence, improper installation or improper use, modication, changes in appearance resulting from weathering, scratches, dents, discoloration, normal wear and tear, or marring as a result of public or private use.
Claims are limited to replacement of equipment only and do not include any costs associated with labor, removal or installation of the original or replacement product.
Warranties are valid only if products are installed and maintained in accordance with UltraPlay installation instructions and use of approved parts.
This warranty is applicable to the original owner only. Warranties are non-transferable.
Claim Procedure: To make a warranty claim, send your written statement of claim, photographs of defective equipment along with the original purchase invoice or invoice number to:
UltraPlay Systems
Customer Service
1675 Locust Street
Red Bud, IL 62278
Or Contact a Customer Service Representative at:
1-800-458-5872
Within 60 days of notice of claim under warranty, UltraPlay Systems will make arrangements to replace the damaged product. UltraPlay Systems will cover freight costs within the continental United States. UltraPlay Systems is not responsible for freight costs associated with products located outside the continental United States. UltraPlay Systems reserves the right to inspect all products identied as defective. Photos of defective equipment may be required to accompany warranty claims.
Since warranty limitations and exclusions may vary from state to state, you should check any specic war - ranty rights in your state.
Date of Purchase:_______________________
Purchaser:_____________________________
UltraPlay Invoice Number:________________
_________________________________________
Authorized UltraPlay Signature
_________________________________________
Title
Visit UltraPlay on the web at www.ultraplay.com & www.uplaytoday.com
UltraSite Warranty Created 1.2017
WARRANTY
UltraSite provides a limited warranty on site furnishing products. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. The warranty covers the life of the product as defined below, and covers the product under normal use with proper maintenance, and at original installation location. See exclusions* (page 5).
THERMOPLASTIC COATED PRODUCTS
UltraSite provides a 5-year Limited Warranty on Thermoplastic coated site amenities.
UltraSite guarantees all items for one full year to be free of defects in workmanship or materials when installed and maintained properly. We agree to repair or replace any items determined to be defective. Items specifically not covered by this warranty include vandalism, man-made or natural disasters, lack of maintenance, normal weathering, or wear and tear due to public abuse.
Items damaged or lost in transit are the responsibility of the carrier, whether visible or concealed. It is the responsibility of the recipient to assure that the order is received complete. Before signing the delivery receipt, inspect the shipment immediately and completely. Note any damages or shortages on the bill of lading. Damage reports must be filed within 5 days. UltraSite is not responsible for damages or loss in transit. Title to all goods passes to the customer at the time of shipment. UltraSite will assist in filing claims if the freight arrangements were made by UltraSite at your request.
HARDWARE
UltraSite provides a lifetime limited warranty on hardware against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware against rust; and a one -year limited warranty on hardware against rust. See exclusions. The lifetime warranty refers to the life of the product as defined below and covers the product under normal use and proper maintenance. The cost of replacement due to scratching or cutting of certain hardware plating is not included in this warranty.
RECYCLED PLASTIC LUMBER PRODUCTS
UltraSite provides a 5-year limited warranty on recycled plastic lumber products in normal applications against splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structur ally unfit for its intended use.
See exclusions* (page 5)
UltraSite Warranty Created 1.2017
UltraSite guarantees all materials and workmanship for 5-years on any product made completely from our 100% Recycled Plastic. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.
IPE WOOD, RED STAINED WOOD, PRESSURE TREATED WOOD AND UNTREATED WOOD
UltraSite provides a 1-year limited warranty on IPE wood, red stained wood, pressure- treated wood and untreated wood products against rotting, splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. Checking in the surface of planks are natural in all wood products and are not covered under this limited warranty. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. Please follow the maintenance procedures as specified in the product maintenance guide.
LIMITED WARRANTY ON WATER FOUNTAINS AND DOG FOUNTAINS
UltraSite provides a 1-year limited warranty on all the water fountains and related components.
ULTRASHADE STRUCTURES
UltraShade warrants that the shade structure sold will be free from defects in materials under intended use for a period of 10-years from the date of delivery (Structure & Fabric).
UltraShade and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShade.
This warranty is in effect only if the structure has been assembled and installed in accordance with the UltraShade’s installation drawings, and has been subjected only to normal intended use and exposure. UltraShade shall not be responsible for delays due to missing, stolen or non-conforming parts. Any rework/retrofit of non-conforming part must be authorized by UltraShade. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance, misapplication, service or modification by someone other than UltraShade, authorized dealers, or authorized installers.
This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.
UltraSite Warranty Created 1.2017
Shade fabrics carry a 10-year limited manufacturer’s warranty from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration, with the exception of Red, which carry a 3-year limited warranty.
Should the fabric need to be replaced under the warranty, UltraShade will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro-rated over the last 4 years.
This warranty shall be void if damage to the fabric is caused by contact with chemical, misuse, vandalism, any Act of God (ie. Hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code parameters.
Fabric tops are warranted for wind/gusts up to 90mph and prior to snow or ice accumulation. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and fabric, voiding the warranty.
The warranty will only be applicable to the repair or replacement of defective materials.
UltraShade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. UltraShade does not warrant any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the owner of the discontinued fabric color.
NOTE: ShadesureTM fabric warranties cover fabric tops up to 40’ in length.
Fabric tops over 40’ in length are covered by a non-prorated 5-year warranty.
UltraShade warranties its sewing thread for a period of 8 years.
The thread will be free from defects in material/workmanship and will not be damaged by exposure to the sunlight, weather or water.
All labor for the removal, assembly and/or freight will be for the customer’s account and the warranty will only be applicable to the repair or replacement of the defective material.
In the event of a claim of defect in materials, UltraShade shall be placed on notice of defect in writing, delivered to UltraShade at the address indicated below, with in 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShade will determine whether to repair or to replace defective materials. UltraShade, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shade installation.
UltraSite Warranty Created 1.2017
ULTRASHELTER
UltraShelter warrants that the shelter sold will be free from defects in materials under intended use for a period of 10-years from the date of delivery. UltraShelter and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShelter.
This warranty is in effect only if the structure has been assembled and installed in accordance with UltraShelter’s installation drawings, and has been subjected only to normal intended use and exposure. Pre-finished metal roof surfaces, performance shall be the responsibility of the metal finisher. UltraShelter assumes no warranties with regard to finish durability.
UltraShelter shall not be responsible for delays due to missing, stolen, or non -conforming parts. Any rework/retro-fit of non-conforming parts must be authorized by UltraShelter.
This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance or lack of maintenance, misapplication, service, or modification by someone other than UltraShelter, authorized dealers, or authorize d installers.
This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.
In the event of a claim of defect in materials, UltraShelter shall be placed on notice of defect in writing, delivered to UltraShelter at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShelter will determine whether to repair or to replace defective materials. UltraShelter, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shelter installation.
ACTIONFIT PRODUCTS
UltraSite offers 10-year limited warranty on steel posts, stainless steel posts, welds, bars and metal accessories excluding cycle parts, and cosmetic damage or defects. A 5-year limited warranty on Stainless damper module and aluminum cycle cover, with the exclusion of cosmetic damage or defects. 2-year limited warranty on Bearings, damper, plastics, rubber parts, and some cycle parts including pedal and shaft, with the exclusion of cosmetic damage or defects. 1-year limited warranty on Rib belt of cycle, with the exclusion of cosmetic damage or defects.
UltraSite Warranty Created 1.2017
ALL OTHER PRODUCTS
UltraSite offers 1-year limited warranty on all other products.
For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship.
UltraSite excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood.
To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you.
No Sales Representative can modify or amend the terms of this warranty.
CANCELLATIONS AND RETURNS
Cancellations are only accepted with approval of UltraSite. No merchandise shall be returned without a Return Goods Authorization number which is issued by customer service. Any authorized merchandise must be carefully packed and received in saleable condition. A restocking charge of up to 25% will be applied to all returned goods and 50% charge will be applied to all the UltaShade and UltraShelter products when the error is not the fault of UltraSite. All returns must be shipped freight prepaid.
EXCLUSION
The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.
UltraSite
1675 Locust St.
Red Bud, IL 62278
800.458.5872
UltraSite Warranty Created 1.2017
Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:
UltraSite Customer Service
1675 Locust St.
Red Bud, IL 62278
800.458.5872
Within 60 days of notice of claim under warranty, UltraSite will make arrangements to replace the damaged product. UltraSite will cover freight costs within the continental United States. UltraSite is not responsible for freight costs associated with products located outside the continental United States. UltraSite reserves the right to inspect all products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state.
Date of Purchase: _______________________
Purchaser: _____________________________
UltraSite Invoice Number: _________________
__________________________________
Authorized UltraSite Signature
_________________________________________
Title
See UltraSite on the web at www.ultra-site.com
Warranty Statement
Warranty
Fountain People, Inc. shall warrant all properly installed and maintained Water Odyssey™ equipment (excluding start-up, the warranty shall extend for 18 months from date of shipment or one year from date of start-up, whichever Special Provisions
The following equipment shall be warranted for the terms noted when properly installed and maintained:
Structural Pipe:
warranted against structural failure for a period of 25 years.
ColorCast™ Accents: Shall be warranted for a period of 2 years against fading or cracking under normal environmental Nozzles: Brass or stainless steel, 5 Years. PVC nozzles, 2 years.
Polyurethane Components (including Fun Forms™) shall be warranted for a period of 2 Years.
Water Odyssey™ Dynamic Sequencing Control Module 02-6210, Valve Boxes and Fiberglass Components shall be warranted against defects for a period of 3 years. All DSC Controller components, other than the 02-6210 module, are warranted for 1 year.
Operator ’s Guide using original manufacturers parts.
Exclusions
People, Inc. Nor does this warranty cover labor, freight charges, or incidental materials required to implement repairs.
Inc. Fountain People, Inc. will not accept liability for any costs associated with the removal or replacement of equipment in expressed or implied, exists beyond that included in this statement.
Water Odyssey™ by Fountain People | P.O. Box 807 San Marcos, TX 78667 | P: 512-.392.1155 | waterodyssey.com
Contract No. 2017001134
Vendor No. 121531
29 EXHIBIT F
SCOPE OF WORK
The following Scope of Work is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
4. SCOPE OF SERVICES.
4.1 General Scope.
The Company shall provide various Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services that meets or exceeds the following requirements to the City and Participating Public Agencies nationwide.
Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Company agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.
4.2.1 American Society for Testing and Materials (ASTM):
ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground
Equipment.
Contract No. 2017001134
Vendor No. 121531
30 ASTM F2049-11 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play
Areas.
ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the “Handbook for Public Safety” published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207.
4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides third-party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant’s certification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA’s website at: www.ipema.org .
All equipment must be IPEMA Certified. Certification must be included with your proposal submission.
4.3 Environmental Purchasing Requirements.
The Company must provide documentation of their environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer’s listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
4.5 Replacement Parts.
The Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.
Contract No. 2017001134
Vendor No. 121531
31 4.7 Installation.
All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers’ certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area.
All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer’s specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work.
4.8 Design.
The Company must have the capability to recommend and design appropriate play systems/structures to fit the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout drawings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.
4.9 Project Management.
The Company must have the ability to provide project management services to help Participating Agencies complete their projects on-time and within budget.
4.10 Safety.
The Company and installers or subcontractors performing services for Charlotte- Mecklenburg are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
4.11 Literature and Catalogs.
The Company will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions.
4.12 Warranty.
The Company should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
Contract No. 2017001134
Vendor No. 121531
32 1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made.
Delivery location shall be stated on each purchase order issued by Participating Agencies.
3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside delivery, assembly, set in place in proper location, make ready for use and remove all debris.
5. The Company shall authorize immediate replacement of any item that has been damaged in transit.
6. If deliveries are required in the evenings or weekends, or designated holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case-by-case basis for optional related work such as, but not limited to, removal and/or reinstallation of Playground & Fitness Equipment, timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment material specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary.
4.16 Additional Requirements.
The Company may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
The Company may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies.
4.18 Reports.
The Company must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.
4.19 Pricing.
The Company must submit a cost proposal fully supported by data adequate to establish the reasonableness of the proposed fee. One (1) firm fixed percentage
Contract No. 2017001134
Vendor No. 121531
33 discount off of a verifiable list price for each category (defined in Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred.
Prices must include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response.
Proposals must include an itemized list of any Products and Services that the Company intends to include in the Master Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company’s catalog. The list must identify the distributors name and location that offers each product and service included. The Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor.
Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor.
4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies.
4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies..
4.19.3 Product, Design and Price Comparison.
For comparison purposes only, the Company must provide the following information for the three (3) sample playground designs included in Section 6, Form 4:
1. Cost breakdown of all components using proposed discounts and list prices;
2. Manufacturer Price List ID
3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment.
Contract No. 2017001134
Vendor No. 121531
34 4.20 Installation.
Company response must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all installation services for all Participating Public Agencies, regardless of location, for the life of the contract.
4.21 Shipping and Delivery.
Company must include a defined shipping program with their Proposal responses. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used.
1. Unless specifically stated otherwise in the “Shipping Program” included in the Company’s Proposal response, all prices quoted must be F.O.B. destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping.
4.22 Price Adjustments.
All proposed pricing shall remain firm through December 31, 2017. Company may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit.
Price decreases shall be accepted at any time during the term of the contract.
4.23 References.
Proposals must include a minimum of five (5) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.
4.24 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section
2.6.12 of the RFP.
Contract No. 2017001134
Vendor No. 121531
35 EXHIBIT G
U.S. COMMUNITIES ADMINISTRATIVE AGREEMENT
The following U.S. Communities Administrative Agreement is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
Contract#: 2017001134
Amendment#: 14
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT FOURTEEN
M.The parties amended the Contract on July 1, 2022, to extend the Term of the Contract by the first of two (2) two-year renewal terms and to incorporate certain other changes.
N.The parties amended the Contract on December 5, 2022, to add new Products and Services and to incorporate the 2023 Master Price List and Freight Rate Schedule, the 2022 Network of Distributors, and incorporate certain other changes.
O.The parties now desire to extend the Term of the Contract by the second of two (2) two-year renewal terms and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1.The terms of the Contract are restated by and incorporated into this Fourteenth Amendment by reference.
2.Defined terms used in this Fourteenth Amendment shall have the same meaning as are assigned to such terms in the Contract.
3.This fourteenth Amendment extends the term of the Contract by the second of two (2) two-year renewal terms to June 30, 2026.
4.Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5.In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 3, 2023
SUBJECT: Consider Adopting a Resolution Waiving the Major Special Event Permit Application Deposit for the Fairway Canyon Community Homeowners’ Association (HOA) Fall Festival
Description Strategic Plan Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5 Increase community events, arts and culture.
Background and Analysis:
On September 6, 2023, First Service Residential, the Fairway Canyon HOA management group, submitted a request for consideration of waiving the special event application deposit for their annual Fall Festival event, to be held at the Fairway Canyon Clubhouse on October 21, 2023.
The annual Fall Festival is a community event held every year for the residents in the Fairway Canyon development with over 500 residents attending. The event includes a rock-climbing wall, a bucket ride and snacks for the residents.
In March 2023, City Council adopted Resolution No. 2023-03, which established user fees for certain specified services. The new fee schedule went into effect on July 1 st and included the category of Special Event – Major, which has a deposit-based fee of $5,000 to be applied to fully allocated hourly rates of staff and any outside costs.
Presently, there is less than $1,000 in staff time spent reviewing this application.
Fiscal Impact:
The cost to prepare this staff report is approximately $100. The total fiscal impact is anticipated to be less than $1,000.
Recommended Action:
Waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont California Authorizing the Waiver of the Major Special Event Permit Application deposit for the Fairway Canyon HOA Fall Festival.” Attachments:
A. Resolution
B. Special Event Application
C. Fee Waiver Request
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550 East Sixth Street
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Phone:(951)769-8520 Fax:(951)7G9-8526
SPECIAT EVENT PERMIT APPTICATION - CITY OF BEAUMONT
(Organization Conducting Event)
TION: F Community HOA
36189 Champions Drive
TEL:_(951 ) 381-2612 FAX:_(_)_ EMATL:
ls this a non-profit organization? lf yes, provide tax identification number Can members of the general public join this organization? xays.Lauren Block
Drive 6lrysrare,BeaumonUCA ztp.g2223
ret:_1951y 922-6444 ALTERNATETEL:_I9511 381-2612 rnx,
Drive 61ry/srArE.BeamonUCA
DAyTEL:_(plll 922-6444 ALTERNATETEL:_I981)_ rex,
THE OFFICE OF CUTTURATAFFAIRS COORDINATED EVENTS OITTY:
Public Information Contact Phone#:_(_)_
T NAME:F HOA Fall Festival
TYPE: (Parade, Festival. Run, Ceremony, ea.;: FeStiVal
LOCATION: Check and complete all applicable lines
On the Downtown Parade Route (STREET)
In the Downtown Festival Site ( STREET)
In a City park................Name of Park(s):.
On a Paseo or Plaza........Name of Paseo or Plaza(s):_
on private property........Event toc.1;on .64r"rr. Fairway Canyon Clubhouse 36189 Champions Assessor's parcel number(s) of event
SETUP: g71s'10121l2TimeofDay:12:00am/pmIndicatewhenyouwiiltakepossessionoftheevent TIME OF DAY:
(st..t) !.09_PEgnlp11 (enu)_9:09PI[-arnlp34
(Startl am/pm (End) am/pm
(start)__-___ernlpn (End)___amlul
site to begin event setup
Est. Daily Attendance
500+
ofattendees by age: Youth (under 18):_ Adult:_ Total attendance:
of attendees present during the most crowded period of
Ff NAt CLEANUP2 Date:10!4!23- Time of oayfl:0Qpll]34ft4 Indicate when the event site wiil be comptetety cteaned & reopened for normal use
Page-1 of 4 4uo-ov!-oolPage 624 of 652
SPECIAI EVENT PERMITAPPTICATION - CIW OF BEAUMONT
Was this event held last year? lf yes,Clu Attendancel500+ ls this a Charitable fundraiser? lf yes, for what
ls there an attandance fee? Fee per person: S n/a_-;;ll".t"d .,^ .dr""."? ls this event open to the public?
will there be any areas within the event that wifl be tor private use onry? (Exampre:vrp area, ect.) lAToRYATTACHMENTS:Requiredtobesubminedwitheveryapp|ication.*",","nffi EVENT NARRATIVE: Please provide a description of the event theme, purpose,schedule of activities, ; food, bevenges (including alcohol!, cleanup plan, ect.
DIA6RAM: For activities on public and private property: a detailed drawing depicting the proposed latout,the location of booths, tables, stages, fences, dumpsteri, silnagg portable toilets and all oth;r;;;;;-*-It' For any activity on private propertY: diagram must also show all marked parking spaces, adjacent streets,ial units, and indicate the linear feet from the event boundary to streets and residences.
ROUTE MAP: For parades, runs, walks and races on pubiic streets or sidewatks: a map of the proposed route,start and finish points, direction of movement and proposed street closures including the specific lane(s) requiring will anv equipment be used on the event site? (Exampres: fence, tent, canopy, tabre, chair, stage,trash container, dumpster, booth, amplified sound system, musical instruments, carnival ride, v parade floa! portable toilet, ect.),\ Will the event require the closure of any public street or traffic lane? Will there be any food and/or beverages prepared, sold or served at the event? Will there be sales of any kind?
will there be any activity connected to the event? (Examples: live animal display, parachute jump).
Do you require any city services? (Examples: traffic control, tow zone, street barricadeq electricalpower, ect.) lf you answered No to all of the questions ln this sectlon, you have completed this application. sign the Declaration __
below, attach the Mandatroy site Diagram or Route Map and submit your application. lf you answered YEs to ANY of the questaons in this sectaon, please complete ihe remainder ot this application. the authorized repres€ntative of the applicant, I hereby declare that:
The information contained in this application and attachment(s) is true, complete and to the best of my knowledge.
2. Applicant agrees to defend, indemnify and hold harmless City, its officers, agents and employees from and against any and all claims, demands, causes of action, or liabilities incurred by city, its officers, agents, or employees, arising from ; acts or omissions under this Agreement or any act of omission of the Applicant's permission or invitation of except as may arise from the negligence or willful misconduct of City, its officers, agents, contractors, or oyees. In any action or claim against City in which Applicant is defending city, city shall have the right to approve counsel providing city's defense and such approval shall not be reasonably withheld.
Applicant has received and understands the information contained in the Special Events Guidelines and will adhere to arrangements listed within these Guidelines.
' Applicant will pay for actual costs of any city services provided for your event within 30 days from receipt of City invoice. . No copyrighted musical or visual arts composition shall be performed or played, weather amplified, televised, in the of a mechanical recording or personal rendition, or otherwise in connection with any use of City property, unless the :ant shall have first obtained all approvals and paid any license fee or other fee required by the copyright owner. limitation of any other provision, Applicant's indemnification of City as set forth in a permit or authorization to an event shall include indemnifying and saving City harmless from and against any and all liability or bility whatsoever for any infringement of an/or other violation ofthe right of any such copyright owner under any Applicant will prRvide access tt{he t|f\s-special Event recycling service provider at a level of service established by the of {tvirof\ental sjlffsllfblnr designee if the following conditions are met: the event occurs on a city street on a Lrry-o(lrg{te, T{$rrprlpulticlt{kpd has an average daity attendance of at teast 1,000 persons.
For Private Propefi Event, a letter from the property owner (or an agent authorized by the owner) must included with this application. The letter should be on company letterhead acknowledging their of the event, knowledge of the date, time and activities scheduled to take place. contact (address, email and phone) for this individual should be included in the letter.
E ma i I Lau ren. Block@fsresi
Page-2 of 4
SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT
ADDITIONAL EVENT INFORMATION
Equipment / Source of power
YES No
1'
-
I- Will the event be fenced? ....... Do you want the city to provide fencing? yEs:- lrto:X 2'
-
X willthere be parade floats?
I
-
+- will ther be a tent or conopy? ........ rf yes, date beine, erees6110l21l23 sizels;: 1 0x1 0,\ Will amplified sound equipment be used? t. X Will eleclriral nawar ha ',c6,{ n^ .,^,, - - - Y-'+- Will electrical power be used...Do you want the city to provide electrical power?yes:_No:X t. X Will a generator be used?t.- I will there be a stage?........ tf yes, date bein1,setup:10121123 Removat aate:f!!21.!23_ t'
-
I will heaters be used?............. tf yes, indicate heater type:
t.
-
will there be booths?.........1f yes, complete the following information:
fofsales booths: #ofnon-sales booths:_Total
Booth setup date:- setup time: Booth removal date:- Removal time:_ Vendor arrival date:_ Arrival:_
.0. Total tables that will be set up (outslde of booths):
Food and Beverage
NO
X Witl
"lcohol
be sold or served?....... lf yes, Beer?_ Wine?_ Other? _ Will there be food preparation?
13._ X Will there be cooking booths?
1.4. Indicate all cooking methods: Electrical appliance:POpCOffi ffidOhifl€ Liquid fuel device:
/Vood/Charcoal BBQ:Deep Fryer:.
YES
11. L2.
15. 15.
YES NO
X Will any items be sold?
X will vehicles be sold?
L7.
-
X Are you requesting a vendor Zone? Applicable to Downtown events only - this controls vendor carts around your event.
t8.
t9.
!0.
Traffic and Parking Conrol
NO
X Will you require a ,'No parking,,tow zone?X Will you require a traffic control officer? X- Are you requesting that any pubric street or traffic rane be crosed for your event? YES
Miscellaneous Activitles
NO
_ Will ther be a circus or carnival?
X Will there be firework/pyrotechnics?
X Will there be aircraft or a parachute jump?
X Will there be live animals?
X Will there be items that produce extra trash/litter ((flyers, box lunches, ect.)? YES
2L._
22._
23._
24._
25._
Describe:
26. x Will there be any other type of activity not listed here? describing above responses:
Page-3 of 4
9/6/23, 1:36 PM Mail - Lauren Block - Ouflook
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Fairwav Canvon Fall Festivat 2023
Date: October 2L't, 2023
Set up time: 12:00 pm
Event time: 5:00 pm_9:00pm
Event Clean: 9:00pm_11:30pm
This event is only open to the residents of Fairway canyon community HoA and will be opened to 500+residents in the community' The event will be located on private HoA property and will not betrespassing on any city right of way, city streets, or interfere with any local traffic. All event activitieswill stay strictly on private property.
This year we will be having a carnival themed event that will showcase a small pumpkin patch/photo opportunity, a variety of carnival games, bucket ride, rock climbing wall, and inflatable laser tag,obstacle course, and a cow milking simulator station. The event will also be having a DJ, prizes, and trickor treating at various booths. These booths will be various carnival games, popcorn, and a drink stationthat will be serving water and lemonade.
This event will be taken down same day starting at 9:00 pm (which is the end of the event). we have our own dumpsters located on property to properly throw away all trash. All the items, tables, canopies will also be taken down by our own staff and volunteers that live in the community.
1 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY OF BEAUMONT
AUTHORIZING THE WAIVER OF THE MAJOR SPECIAL EVENT
PERMIT APPLICATION DEPOSIT
FOR THE ANNUAL FALL FESTIVAL SPONSORED BY THE
FAIRWAY CANYON HOMEOWNERS ASSOCIATION
WHEREAS, Fairway Canyon Home Owners Association hosts an annual Fall Festival community event each year in October at the Fairway Canyon clubhouse; and WHEREAS, Fairway Canyon HOA collaborates with the City of Beaumont in helping to improve the quality of life for its residents by hosting many community events throughout the year; and
WHEREAS, Fairway Canyon HOA wishes to continue the path of cooperation and alliance with the City of Beaumont and has requested a fee waiver for the major special event permit application deposit; and
WHEREAS, the City Council desires to waive the major special event permit application deposit for the Fairway Canyon HOA as it serves a public interest.
NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize a fee waiver of the major special event permit application deposit for the Fairway Canyon HOA annual Fall Festival event to be held October 21, 2023, and finds that the fee waiver serves a valid public purpose in that the fee waiver will support the betterment of residents and youth within the Beaumont community.
MOVED, PASSED AND ADOPTED this 3rd day of October, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
By: ____ __________ Julio Martinez III, Mayor, City of Beaumont
2 ATTEST:
Nicole Wheelwright
DEPUTY CITY CLERK
By: _____________
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 3, 2023
SUBJECT: Consider a Request to Utilize Economic Development Funding for the Hispanic Heritage-BrewFiesta
Description To utilize up to $3,800 of Economic Development Funding application for the annual Hispanic Heritage-BrewFiesta event in downtown Beaumont.
Background and Analysis:
On September 21, 2023 staff received a Special Event application for the annual Hispanic Heritage-BrewFiesta event. On September 27, 2023, the event sponsor, Jimmy Garcia, submitted a request for consideration of waiving the special event application fee and other City assistance with the event.
This is the third annual Hispanic Heritage-Brew Fiesta celebration. The event is held in downtown Beaumont on Seventh Street between Beaumont Avenue and Magnolia Avenue. The event includes vendors of food and non-food merchandise, beer sales, live music and cultural exhibitions on a stage sponsored by Beaumont Cherry Valley Recreation and Parks District.
In March 2023, City Council adopted Resolution No. 2023-03, which established user fees for certain specified services. The new fee schedule went into effect on July 1 st and included the category of Special Event – Major, which has a deposit-based fee of $5,000 to be applied to fully allocated hourly rates of staff and any outside costs.
The applicants fee waiver request (Attachment A), requests the following assistance:
Fee Waiver for Application Fees: The applicant is requesting a fee waiver for the application deposit associated with hosting the Hispanic Heritage Brewfiesta.
Street Closure Assistance and Use of City Barricades: To ensure the safety and success of the Brewfiesta, the applicant is requesting assistance in temporarily shutting down Seventh Street between Magnolia and Beaumont Avenue on the day of the event. The closure would occur from 12pm -11pm to
allow adequate time for set up and take down of the stage and barricades. The City has barricades purchased with ARPA funds which can be used to satisfy this request.
Entertainment Assistance: The applicant is seeking financial assistance to help cover the costs associated with entertainment, such as live music performances and cultural demonstrations. These elements are integral to the event's success and cultural enrichment. The anticipated cost of the cultural entertainment is $4,000-$5,000. The applicants request for assistance is $2,000.
Staff anticipates approximately $1,200 in staff time processing the special event application. Staff time for street closure, re-opening and use of barricades is anticipated at approximately $184. This consists of one staff member for 2 hours of setup and one staff member for 2 hours of take down. An additional estimate of time has been included in the total estimate provided in the fiscal impact of this report.
In the Fiscal Year 2023-24 budget, the Economic Development Department requested a budget enhancement to establish a new program for assisting with market nights and similar events in the downtown. City Council funded this program in the amount of $50,000. In lieu of a fee waiver, these funds could be transferred to cover costs. As of the end of the first budget quarter, there have been no requests for use of this funding.
Finally, included in City Council’s adopted Strategic Plan, is a goal to Increase community events, art and culture (Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5).
Fiscal Impact:
The cost to prepare this staff report is approximately $150. The total fiscal impact is not to exceed $3,800 to cover the application deposit and other request for assistance to be paid from program account 1235-7096.
Recommended Action:
Approve the assistance request for funds to be covered from 1235-7096 program budget in an amount not to exceed $3,800.
Attachments:
A. Fee Waiver Request
B. Special Event Application
C. Event Layout
Dear Ms. Taylor,
I trust this letter finds you in good health. My name is Jimmy Garcia, and I am writing on behalf of The Craft Lounge, an organization dedicated to promoting cultural diversity and community engagement in our beloved city. I am reaching out to you today to request your support for our upcoming event, the Hispanic Heritage Brewfiesta, scheduled for October 7th, 2023.
The Hispanic Heritage Brewfiesta is a significant event that aims to celebrate and showcase the rich cultural heritage of our Hispanic community. It provides an opportunity for residents and visitors alike to immerse themselves in Hispanic culture through various activities, including food, music, and entertainment.
As we diligently prepare for this event, we are seeking your assistance in several key areas:
Fee Waiver for Application Fees: We kindly request a fee waiver specifically for the application fees associated with hosting the Hispanic Heritage Brewfiesta. This financial support will enable us to allocate more resources to the event itself, making it more accessible to the community.
Street Closure Assistance and Use of City Barricades: To ensure the safety and success of the Brewfiesta, we would like to request assistance in temporarily shutting down Seventh Street between Magnolia and Beaumont Avenue on the day of the event. Additionally, we kindly request the use of city barricades to secure the area effectively. This street closure and the use of barricades are vital to accommodate the event's various activities without causing disruptions to the community.
Entertainment Assistance: We are seeking financial assistance to help cover the costs associated with entertainment, such as live music performances and cultural demonstrations. These elements are integral to the event's success and cultural enrichment. The anticipated cost of the cultural entertainment is $4,000-$5,000. Our request for assistance is $2,000.
We understand the demands placed on the City of Beaumont and are committed to working collaboratively with your team to ensure a smooth event execution. We will provide all necessary documentation, including event plans and insurance certificates, to facilitate the process.
We firmly believe that the Hispanic Heritage Brewfiesta aligns with the city's objectives of promoting cultural diversity and community engagement. By supporting our event, the City of Beaumont can play a vital role in fostering a more inclusive and vibrant community and downtown.
Thank you for considering our request. We eagerly anticipate the possibility of partnering with the City of Beaumont to celebrate Hispanic heritage and promote unity within our community.
Sincerely,
Jimmy Garcia
Owner
The Craft Lounge
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.ci.beaumont.ca.us
Special Event Information
For Applicants wishing to apply for a Special Event Permit .
1. Please submit your application at least four (4) weeks prior to you event. If you want to have your event at a City Facility, please check with Community Services regarding availability prior to completion.
2. All vendors shall have a City of Beaumont Business License. Please be aware that Business License Applications should be submitted at least 2 weeks prior to the event.
3. There is no application fee for the Special Event application, however are reviewing the requests fees maybe required for needed Fire, police, or Community Services time, based on the type of event.
4. For events on private property a Temporary Use Permit maybe required to be submitted and approved by the Community Development Department.
5. For events on Public Property (i.e. Parks) a Facility Use Permit may be required to be submitted and approved by the Community Services Department.
6. Any signs wanted for the event must be approved by the Community Development Department and must meet the requirements of the Municipal Code.
7. Violations of any conditions issued as part of your approval may lead to immediate revocation and possible fines.
8. All non profit vendors/applicants shall apply for a standard annual business license which shall be issued at no charge. (with submittal of 501c3 letter)
APPLICANT (Organization Conducting Event)
YES NO
__________
__________
EVENT CONTACTS
FOR THE OFFICE OF CULTURAL AFFAIRS COORDINATED EVENTS ONLY:
GENERAL EVENT INFORMATION
City of Beaumont
550 East Sixth Street
Beaumont, Ca 92223
Phone: (951)769-8520 Fax: (951)769-8526
DAY TEL:__(____)______________ ALTERNATE TEL:__(____)______________ FAX:_____________________
SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT
ORGANIZATION:____________________________________________________________ ADDRESS:_________________________________ CITY/STATE:_____________________ ZIP:___________ TEL:__(____)______________ FAX:__(____)______________ EMAIL:____________________________________ Is this a non-profit organization? If yes, provide tax identification number Can members of the general public join this organization? PRIMARY'S NAME:__________________________________ EMAIL:___________________________________ ADDRESS:_________________________________ CITY/STATE:_____________________ ZIP:___________ DAY TEL:__(____)______________ ALTERNATE TEL:__(____)______________ FAX:_____________________ ALTERNATE CONTACT:________________________________ EMAIL:__________________________________ ADDRESS:_________________________________ CITY/STATE:_____________________ ZIP:___________ ____ On a City street…………..Name of street(s):________________________________________________________ Website:________________________________________________________________________________________ Public Information Contact Name:______________________ Public Information Contact Phone#:__(____)__________ EVENT NAME:_________________________________________________________________________________ TYPE: (Parade, Festival, Run, Ceremony, ect.):__________________________________________________________ LOCATION: Check and complete all applicable lines
____ On the Downtown Parade Route (STREET)
____ In the Downtown Festival Site ( STREET)
____ In a City park…………….Name of Park(s):_________________________________________________________ ____ On a Paseo or Plaza……..Name of Paseo or Plaza(s):_________________________________________________ Page-1 of 4
FINAL CLEANUP: Date:__________ Time of Day: am/pm Indicate when the event site will be completely cleaned & reopened for normal use
City Office Use Only:
____ On private property……..Event location address:____________________________________________________ Assessor's parcel number(s) of event location:___________________________________ BEGIN SETUP: Date:_______ Time of Day: am/pm Indicate when you will take possession of the event site to begin event setup
ACTUAL EVENT DAY/DATE(S): TIME OF DAY: Est. Daily Attendance _______________________ (Start) am/pm (End) am/pm ___________________________ _______________________ (start) am/pm (End) am/pm ___________________________ _______________________ (start) am/pm (End) am/pm ___________________________ Number of attendees by age: Youth (under 18):__________ Adult:__________ Total attendance:__________________________ Number of attendees present during the most crowded period of event:_______________________________________________ Craft Lounge
690 Beaumont Ave Beaumont 92223
951 536-7789
X
Jimmy Garcia [email protected]
690 Beaumont Ave Beaumont 92223
951 536-7789
Lily Averette [email protected]
1170 Gainsboro Ct Beaumont 92223
951 288-0141
Hispanic Heritage Brewfiesta
Festival
X Seventh Street
10/6/23
October 7, 2023 2,000
500 1500 2000
500
10/8/23
2 3 10
9
YES NO
YES NO
information (address, email and phone) for this individual should be included in the letter.
Page-2 of 4
Business Name__________________________ Tel _(____)____________________ Email___________________ For Private Property Event, a letter from the property owner (or an agent authorized by the owner) must be included with this application. The letter should be on company letterhead acknowledging their approval of the event, knowledge of the date, time and activities scheduled to take place. Contact closure.
Director of Environmental Services or his/her designee if the following conditions are met: the event occurs on a City street or on a City-owned site, facility or public park and has an average daily attendance of at least 1,000 persons.
Signature______________________________________________________________ Date___________________ Print Name___________________________________________________ Title_____________________________ _____ _____ Will there be any food and/or beverages prepared, sold or served at the event? _____ _____ Will there be sales of any kind? _____ _____ Will there be any activity connected to the event? (Examples: live animal display, parachute jump). _____ _____ Do you require any City services? (Examples: traffic control, tow zone, street barricades, electrical power, ect.)
If you answered NO to all of the questions in this section, you have completed this application. Sign the Declaration below, attach the Mandatroy Site Diagram or Route Map and submit your application. If you answered YES to ANY of the questions in this section, please complete the remainder of this application.
DECLARATION
As the authorized representative of the applicant, I hereby declare that:
Applicant shall have first obtained all approvals and paid any license fee or other fee required by the copyright owner.
SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT
EVENT DESCRIPTION
_____ _____ Was this event held last year? If yes, where_______________________ Attendance?______________ _____ _____ Is this a Charitable fundraiser? If yes, for what cause?________________________________________ _____ _____ Is there an attandance fee? Fee per person: $________ Fee collected in advance?________ _____ _____ Is this event open to the public? _____ _____ Will any equipment be used on the event site? (Examples: fence, tent, canopy, table, chair, stage, trash container, dumpster, booth, amplified sound system, musical instruments, carnival ride, parade float, portable toilet, ect.)
_____ _____ Will the event require the closure of any public street or traffic lane?
SPECIFIC EVENT INFORMATION
_____ _____ Will there be any areas within the event that will be for private use only? (Example:VIP area, ect.) MANDATORY ATTACHMENTS: Required to be submitted with every application. Reference page ii for instructions. _____EVENT NARRATIVE: Please provide a description of the event theme, purpose,schedule of activities, entertainment, food, beverages (including alcohol), cleanup plan, ect. _____SITE DIAGRAM: For activities on public and private property: a detailed drawing depicting the proposed latout, including the location of booths, tables, stages, fences, dumpsters, signage, portable toilets and all other event equipment. For any activity on private property: diagram must also show all marked parking spaces, adjacent streets, residential units, and indicate the linear feet from the event boundary to streets and residences. _____ROUTE MAP: For parades, runs, walks and races on public streets or sidewalks: a map of the proposed route, route, start and finish points, direction of movement and proposed street closures including the specific lane(s) requiring
1. The information contained in this application and attachment(s) is true, complete and to the best of my knowledge.
2. Applicant agrees to defend, indemnify and hold harmless City, its officers, agents and employees from and against any and all claims, demands, causes of action, or liabilities incurred by City, its officers, agents, or employees, arising from Applicant's acts or omissions under this Agreement or any act of omission of the Applicant's permission or invitation of Applicant, except as may arise from the negligence or willful misconduct of City, its officers, agents, contractors, or employees. In any action or claim against City in which Applicant is defending City, City shall have the right to approve legal counsel providing City's defense and such approval shall not be reasonably withheld.
3. Applicant has received and understands the information contained in the Special Events Guidelines and will adhere to required arrangements listed within these Guidelines.
4. Applicant will pay for actual costs of any City services provided for your event within 30 days from receipt of City invoice. copyright law.
6. Applicant will provide access to the City's Special Event recycling service provider at a level of service established by the
5. No copyrighted musical or visual arts composition shall be performed or played, weather amplified, televised, in the form of a mechanical recording or personal rendition, or otherwise in connection with any use of City property, unless the Without limitation of any other provision, Applicant's indemnification of City as set forth in a permit or authorization to conduct an event, shall include indemnifying and saving City harmless from and against any and all liability or responsibility whatsoever for any infringement of an/or other violation of the right of any such copyright owner under any X Same location 500
x
x
x x
NA
X
X
X
X
X
X
Jimmy Garcia Owner
The Craft Lounge 536-7789 [email protected]
YES No
YES NO
YES NO
YES NO
YES NO
SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT
ADDITIONAL EVENT INFORMATION
Equipment / Source of Power
1. ______ ______ Will the event be fenced? ……. Do you want the City to provide fencing? YES:______ NO:______
2. ______ ______ Will there be parade floats?
Food and Beverage
3. ______ ______ Will ther be a tent or conopy? …….. If yes, date being erected:____________ Size(s):_____________
4. ______ ______ Will amplified sound equipment be used?
5. ______ ______ Will electrical power be used...Do you want the City to provide electrical power?Yes:___NO:___
6. ______ ______ Will a generator be used?
7. ______ ______ Will there be a stage?........ If yes, date being set up:_____________ Removal date:_____________
8. ______ ______ Will heaters be used?............. If yes, indicate heater type:_________________________________
9. ______ ______ Will there be booths?.........If yes, complete the following information:
# of sales booths:___________________ # of non-sales booths:_______________ Total booths:___________________ Booth setup date:___________ Setup time:_____________ Booth removal date:_____________ Removal time:____________ Vendor arrival date:________________ Arrival:__________________
10. Total tables that will be set up (outside of booths):_____________________________
18. ______ ______ Will you require a "No Parking" tow zone?
11. ______ ______ Will alcohol be sold or served?....... If yes, Beer?__________ Wine?__________ Other? __________
12. ______ ______ Will there be food preparation?
13. ______ ______ Will there be cooking booths?
14. Indicate all cooking methods: Electrical appliance:______________________ Liquid fuel device:______________________ Wood/Charcoal BBQ:______________________ Deep Fryer:______________________ Sales
15. ______ ______ Will any items be sold?
16. ______ ______ Will vehicles be sold?
17. ______ ______ Are you requesting a Vendor Zone? Applicable to Downtown events only - this controls vendor carts around your event.
Traffic and Parking Control
_________________________________________________________________________________ Page-3 of 4
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Additional information describing above responses:______________________________________________
19. ______ ______ Will you require a traffic control officer?
20. ______ ______ Are you requesting that any public street or traffic lane be closed for your event? Miscellaneous Activities
21. ______ ______ Will ther be a circus or carnival?
22. ______ ______ Will there be fireworks/pyrotechnics?
23. ______ ______ Will there be aircraft or a parachute jump?
24. ______ ______ Will there be live animals?
25. ______ ______ Will there be items that produce extra trash/litter ((flyers, box lunches, ect.)? Describe: __________________________________________________________________________
26. ______ ______ Will there be any other type of activity not listed here? Describe: __________________________________________________________________________ X X
X
X 10/6/23 20x30
X
X
X
X
X
X
10/7/23 9am 10/7/23 10pm
10/7/23 9am
X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Stage
. Closure of 7th Street from Beaumont Ave to Magnolia.
Downtown Hispanic Heritage Brewfiesta.
Date:
Date:
Date:
Date:
________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Comments:_____________________________________________________________________
SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT
Comments:_____________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Comments:_____________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Comments:_____________________________________________________________________
4. Planning _________________________________________________ Page-4 of 4
APPROVAL
_________________1. Community service ___________________________
2. Police (Chief of Designee) ______________________________________________
3. Fire ___________________________________________________
SECURITY OFFICERS AT ENTRY/EGRESS POSITIONS
FENCING/ BARRICADE
N
690 BEAUMONT AVE.
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RESTROOMS
FOOD VENDORS
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TENT (20'X30')
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KID ZONE
BEVERAGE GARDEN
SEVENTH STREET
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 3, 2023
SUBJECT: Consider Adopting a Resolution Waiving the Minor Special Event Permit Application Deposit for the HCN Bank Trunk-or-Treat
Description Strategic Plan Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5
Background and Analysis:
On September 20, 2023, HCN Bank, submitted an application for their annual Trunk-or- Treat event. On September 27, 2023, an email request for consideration of waiving the special event application deposit for their annual event was received.
The annual Trunk-or-Treat is a community event held every year for the residents in the City. The event is held on HCN Bank property in conjunction with Do It Best, several non-profits and individuals who host trick-or-treating for Beaumont youth.
In March 2023, City Council adopted Resolution No. 2023-03, which established user fees for certain specified services. The new fee schedule went into effect on July 1st and included the category of Special Event – Minor, which has a deposit-based fee of $500 to be applied to fully allocated hourly rates of staff and any outside costs.
Presently, there is less than $500 in staff time spent reviewing this application.
Fiscal Impact:
The cost to prepare this staff report is approximately $50. The total fiscal impact is anticipated to be $250 in staff time waived.
Recommended Action:
Waive the full reading and adopt by title only “A Resolution of the City Council of the City of Beaumont California Authorizing the Waiver of the Minor Special Event Permit Application deposit for the HCN Trunk-or-Treat event.”
Attachments:
A. Resolution
1 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY OF BEAUMONT
AUTHORIZING THE WAIVER OF THE MAJOR SPECIAL EVENT
PERMIT APPLICATION DEPOSIT
FOR THE ANNUAL TRUNK-OR-TREAT EVENT SPONSORED BY
HCN BANK
WHEREAS, HCN Bank hosts an annual trunk-or-treat community event each year in October at HCN Bank; and
WHEREAS, HCN Bank collaborates with the City of Beaumont in helping to improve the quality of life for its residents by supporting many community events throughout the year; and WHEREAS, HCN Bank wishes to continue the path of cooperation and alliance with the City of Beaumont and has requested a fee waiver for the minor special event permit application deposit; and
WHEREAS, the City Council desires to waive the minor special event permit application deposit for the HCN Bank as it serves a public interest.
NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize a fee waiver of the minor special event permit application deposit for the HCN Bank annual Trunk-or-Treat event to be held October 26, 2023, and finds that the fee waiver serves a valid public purpose in that the fee waiver will support the betterment of residents and youth within the Beaumont community.
MOVED, PASSED AND ADOPTED this 3rd day of October, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
By: ____ __________ Julio Martinez III, Mayor, City of Beaumont
2 ATTEST:
Nicole Wheelwright
DEPUTY CITY CLERK
By: _____________
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE October 3, 2023
SUBJECT: Discussion and Direction on Downtown Market Night and Events Program Spending
Description A request for input and direction to staff on the downtown events program spending guidelines.
Background and Analysis:
In the Fiscal Year 2023-24 budget, the Economic Development Department requested a budget enhancement to establish a new program for assisting with market nights and similar events in the downtown. City Council funded this program in the amount of $50,000.
These funds are intended to help meet the Strategic Plan goal to Increase community events, art and culture (Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5).
To maintain transparency and equity in how the program funds are administered, staff is requesting input from City Council. Spending these funds should not only meet the stated strategic planning goal but should serve a public purpose providing a direct benefit to the community.
Currently, applications for a market night or any other event, either on public or private property, are reviewed through a special event application. Staff suggests continuing this process while refining what types of events and scope of assistance are eligible for assistance through this program.
Fiscal Impact:
The cost to prepare this staff report is approximately $150.
Recommended Action:
Hold discussion and provide direction to staff on the scope of the downtown market night and events program.
Pending Litigation Against the City (does not include litigation initiated by the City or cases against the City that may not have been served)
1. Ezekwesili Iloputaife, et. al. v. City of Beaumont et. al., Riv. Co. Sup. Ct. Case No. CVRI 2105069 (Plaintiffs’ Writ Petition Denied/Pleading Stage on City’s Cross- Complaint)
2. Ezekwesili Iloputaife, et. al. v. City of Beaumont et. al., U.S. Dist. C.D. Cal. Case No. 5:21-CV-01452-JWH-AGR (Stayed)
3. Nicholas Norman v. City of Beaumont, U.S. Dist. Ct. C.D. Cal. Case No. 5:2023cv00308 (Discovery Stage)
4. Paula Ann Wright v. City of Beaumont, Riv. Co. Sup. Ct. Case No. CVRI2204721 (Discovery Stage)
5. Carolyn Deryke v. City of Beaumont et. al., Riv. Co. Sup. Ct. Case No.
CVRI2300070 (Discovery Stage)
6. Juan Gabriel Cazares et. al. v. City of Beaumont, Riv. Co. Sup. Ct. Case No.
CVRI2300446 (Pleading Stage)
7. Smith v. Waste Management Collection and Recycling, Inc., City of Beaumont, Riv. Co. Sup. Ct. Case No. CVRI2304048 (Pleading Stage) (*SBEMP has recused itself from this matter due to one of its attorneys doing work for Waste Management. Burke Williams Sorenson is handling).
To: City Council
From: John O. Pinkney, City Attorney
Date: September 12, 2023
Re: List of Pending Litigation Against City of Beaumont