MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made and entered into this 25th day of July 2023 by and between the City of Placentia ("CITY") located at 401 E. Chapman Ave., Placentia,
1' and Placentia
r1 /"\I_.1 ("ROTARY"), P.O.Box 1331, Placentia,
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Placentia, the Placentia Rotary Club RO I AR r ), POPlacentia, Ca, 928 / 0.
RECITALS
WHEREAS, the CITY and the ROTARY wish to facilitate the Placentia Cowabunga event in the CITY on September 16, 2023; and
WHEREAS the CITY seeks to provide a space for the ROTARY to provide a community event for residents, and
WHEREAS, the CITY is a rightful possessor with a right to transfer use of Kraemer Park (the "Space"), to th.� Rr T,1E V during +ht +orm of thin 11/1(11 1 for the Dk,.-. rlti3 r`cwahl Innes u1 I\ (the 1...? ,AV\.. /, to UI\+ 1\V 1/-\1\ 1 \A1d11?Ig UIV l\..I II1 of this IV 1S.V for 1.11V 1 ICA VVI IIIIA VV441. )15.11) 5.4 Event
NOW, THEREFORE, the parties hereto agree as follows:
1. TERM
This MOU shall commence on the Effective Date of July 25, 2023, unless previously terminated as provided herein or otherwise agreed to in writing by the parties.
2. SCOPE OF USE
CITY hereby grants to the ROTARY, including its officers, employees, agents, contractors and volunteers, clients, invitees, visitors, and other users of the Space, during the term of this MOU, the right to enter onto, access, occupy and use the Space for the duration of the MOU during the hours of use referenced below. Permissible 444'.) of .11 ha V1fJC4vv by tha R5./ f ? 1 and the C\o..4 4CA IV.4I I event Par tic11,,LA r.
3. SCOPE OF SERVICES
A. PLACENTIA ROTARY CLUB RESPONSIBILITIES
1. Designate a ROTARY member to act as the ROTARY representative for all matters related to the EVENT and its participation in the EVENT. Designee will communicate directly with the designated City staff representative
2. Ensure that any food vendors and/or food booths at the event comply with all Orange County Health Care Agency and City Requirements such as having current and valid Health Care Agency Permits and City Business License.
3. Operate the Beer and Wine Garden in compliance with all State and City regulations including obtaining appropriate permits from the Department of Alcoholic Beverage Control (ABC)
1 4. Obtain Private Security to secure the Beer and Wine Garden area.
5. The ROTARY, at their own expense will provide the participants of the EVENT, the necessary items such as all canopies, tables, chairs, decorations, and other needed equipment to facilitate the EVENT in a uniform and professional business manner per the CITY'S approval (unless otherwise specified below).
6. Coordinate all set up starting no earlier than 8:00 a.m., with the event open to the public from 4:00 p.m. to 9:00 p.m. and clean-up of all EVENT related booths and supplies no later than 11:00 p.m. Any questions regarding set-up procedures to be pre -arranged withCity of Placentia staff representative.
7. Coordinate with designated City staff representatives the EVENT layout and submit a scale plot map of the layout to City staff by Thursday, September 7, 2023. EVENT booths cannot obstruct walkways and cannot be placed in parking areas, driveways, or areas with vehicle traffic.
8. Coordinate with designated City of Placentia staff representative arrival times and procedures for EVENT participants including arrival time of vendors, offsite parking for vendors, and parking areas for participants.
9. Ensure all participants of the EVENT are informed of and follow any logistical set-up and egress of the event established by the City.
10. Utilize professional and business -like decorations and signage for the EVENT.
11. Provide CITY a copy of all promotional material for the EVENT.
12. Provide the CITY a parking plan including an alternate parking location
13. Provide comprehensive general liability insurance policy in the amount of one million dollars ($1,000,000) covering EVENT related activities naming CITY and their respective elected and appointed officials, officers, employees, agents, and representatives as additional insured by endorsement to the policy. Worker's compensation insurance shall be required to be maintained in accordance with state law.
14. To the extent allowable by law, ROTARY shall indemnify, defend, and hold harmless the CITY, its officers, employees, contractors and volunteers from and against any and all liability, loss, damage, expense, costs (including reasonable attorneys' fees) or claims for injury or property damages to the extent arising out of or in connection with Rotary Club of Placentia's acts and/or ornissiorrs arising from or related to this MOU, including use of the CITY's property by the ROATRY, the performance of this MOU, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury and/or damages and/or losses of property, regardless of severity and including death, are caused by or result from the negligent or intentional acts or omissions of the ROTARY, its officers, agents or employees. 2 15. Be responsible for its independent operation, execution, planning and accounting of the event as a separately governed operation by the ROTARY.
16. This MOU is by and between the CITY and the ROTARY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association as between the CITY and the ROTARY. Each of CITY and the ROTARY understands and agrees to bear the sole responsibility and liability for administering the Workers' Compensation benefits to any person deemed legally entitled to such benefits for injuries arising from or connected with this MOU.
B. CITY'S RESPONSIBILITIES
1. Provide Space to the ROTARY to host the event.
2. Coordinate with a designated ROTARY representative all arrival and set up information for all EVENT participants.
3. Provide two (2) Community Services Staff and from 8:00 a.m. to 11:00 p.m. to assist with event coordination and monitoring. As well as operate a First Aid Station during the event.
4. Provide one (a) Public Works Staff from 8:00 a.m. to 11:00 p.m. to assist with any specialized maintenance needs at the park such as issues with restrooms, landscape, or irrigation.
5. Assist with advertising for the event through Placentia's Weekly Newsletter and social media. The City will also advertise for the event through the City's website, Placentia Palm Quarterly Newsletter, and with targeted emails if and/or when possible.
4. CONTACT INFORMATION
Rotary Club of Placentia Designee: Turgut Cakiraga
President
P.O. Box 1331
Placentia, Ca, 92870
Office: 714-875-5976
Email: c .ii a ;a(cv_c i nail.com
CITY Staff Representatives:
Karen Crocker, Director of Community Services
Veronica Ortiz, Deputy Director of Community
Services
401 E. Chapman Ave.
Placentia, CA 92870
Office: (714) 993-8222
Fax: (714) 961-0283
Email: .iortizCa7pl iitia.orq
3 IN WITNESS WHEREOF, the parties herein have caused this MOU to be executed by and through their respective officers, as of the date last written below.
CITY OF PLACENTIA PLACENTIA ROTARY CLUB
td
Damien Arrula Turgut Cakiraga
City Administrator
G
President '
Date Date
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
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