CITY COUNCIL AGENDA ITEM NO. '
Meeting Date: June 24, 2014
Subject/Title: A resolution approving Temporary Use Permit No. 14-006 authorizing Harvest Time in Brentwood to conduct the Brentwood Harvest Time Festival for two days on Saturday and Sunday, July 12 and 13, 2014, and approving the closure of a portion of Second Street and a portion of Oak Street, and temporarily establishing no parking restrictions.
A resolution approving, and authorizing the City Manager or his designee to execute and make minor revisions in consultation with the City Attorney, a Memorandum of Understanding between the City of Brentwood and Harvest Time in Brentwood, regarding the Harvest Time Festival event.
Prepared by: Debbie Hill, Associate Planner
Submitted by: Casey McCann, Community Development Director
RECOMMENDATION
Adopt a resolution approving a temporary use permit (TUP 14-006) authorizing Harvest Time in Brentwood to conduct the Brentwood Harvest Time Festival for two days on Saturday and Sunday, July 12 and 13, 2014, and approving the closure of a portion of Second Street and a portion of Oak Street, and temporarily establishing no parking restrictions.
Adopt a resolution approving, and authorizing the City Manager or his designee to execute and make minor revisions in consultation with the City Attorney, a Memorandum of Understanding between the City of Brentwood and Harvest Time in Brentwood, regarding the Harvest Time Festival event.
BACKGROUND
On March 28, 2014, Harvest Time in Brentwood submitted an application for the Brentwood Harvest Time Festival that requests the use of City Park, the Community Center, and City right-of-way located along Second Street and Oak Street. Section 17.850.004 of the Brentwood Municipal Code requires that any temporary use seeking closure of City right-of-way must be approved by the City Council.
ANALYSIS
The criteria for approval, when evaluating a request for a TUP, include consideration of impacts on traffic, circulation, parking, visibility, noise, harmful effects on adjoining property and any other relevant impacts or considerations of the proposed use. The proposed use may be reasonably conditioned to mitigate identified impacts or to ensure public health, safety or welfare.
Project Description
The first Brentwood Harvest Time Festival event is proposed for July 12 and 13. The event organizers have relayed that the Harvest Time Festival has been organized to celebrate the farmlands harvest and is focusing on food, family and fun. Activities anticipated at the event
vendors, and live entertainment. No outside alcohol will be allowed. Admission to the event will be free. The Harvest Time Festival will be located within City Park and the Community Center and the staging for the event includes the partial closure of Second Street and Oak Street. The event is scheduled to take place from 11:00 a.m. to 9:00 p.m. on Saturday and from 11:00 a.m. to 6:00 p.m. on Sunday.
Preparation for the event will begin on Friday between 3:00 and 9:00 p.m. within the park only, and from 6:00 a.m. Saturday for the street closures. Preparations will include barricades around the event site, the placement of portable restrooms, and the booths and shade structures for the various vendors and displays.
Street Closures
The proposed street closures affect the following road locations:
The north side of Second Street, between the west side of Oak Street and the east side of Maple Street.
The west side of Oak Street, between the north side of Second Street and the south side of Third Street.
Street closures will begin at 6:00 a.m. on Saturday morning and cease at 9:00 p.m. on Sunday evening.
Site Access and Parking
Access to the site will be provided from the public streets surrounding the park, with the exception of the limited street closures along Oak and Second Streets. The anticipated attendance for the event is approximately 10,000. Parking will be accommodated within the City parking garage, with additional overflow parking on public streets and public lots in the downtown. “No Event Parking” signage will be placed along the south side of Oak Street across from the park in order to accommodate patrons of the businesses at this location. In addition, no parking signs will also be placed along Maple Street adjacent the north side of the Veteran’s Hall in order to accommodate motorcycle parking for the American Legion 9s/Deuces Vets Fundraiser Poker Run also occurring on Saturday, July 12, which begins in Antioch and ends at the Veteran’s Hall in Brentwood at around noon.
Noise
Noise could be an issue for the surrounding residential and commercial neighbors with the majority of the noise being generated by the amplified music associated with the stage within City Park being used for live music. Live music is scheduled to end at 9:00 p.m. on Saturday and at 6:00 p.m. on Sunday. The existing stage area for City Park is oriented with the speaker system facing away from the residences adjacent the park. All of the amplified sounds used at this event shall be subject to Chapter 9.32 Noise Regulations of the City of Brentwood’s Municipal Code.
Light and Glare
No additional lighting is being proposed for this event.
Trash Removal
Harvest Time in Brentwood has contracted with the City to provide trash pick-up from the site. A trash and recycling area is accommodated at the southeast corner of the park near Third
Street. Additional trash/recycling receptacles will be placed throughout the park to accommodate the higher volume of waste anticipated for the event.
Memorandum of Understanding (MOU)
Regarding the memorandum of understanding (MOU), the California Government Code Section 53069.8 allows cities to provide supplemental law enforcement services to private entities to preserve the peace at special events or occurrences that happen on an occasional basis. However, such supplemental services must be memorialized by a written agreement and provide for full reimbursement of the actual costs of providing the supplemental services. In addition, prior to contracting for such services, the City Council is required to discuss the contract at a duly noticed public hearing. The attached MOU is based on the one used for 2013 CornFest and the 2013 Hometown Halloween. Tonight’s public hearing is similar to the one conducted for each of these events.
ENVIRONMENTAL DETERMINATION
The proposed project qualifies as a Class 4 categorical exemption under the California Environmental Quality Act (CEQA Guidelines Section 15304 (e)) in that the proposed Harvest Time Festival event is a minor temporary use of land having negligible or no permanent effects on the environment.
FISCAL IMPACT
City costs are calculated consistently with previous Cornfest events. Costs are based on the 2013/14 Cost Allocation Plan and each position at Step E hourly rate at time and a half plus benefits, and the applicant will be billed for Police, Solid Waste and Parks staff costs. The applicant submitted a request for a fee waiver in the amount of $4,799. These fees include the Temporary Use Permit application fee of $714, and the Park and Recreation application and facility rental fees of $4,085. The total City sponsorship amount is similar to previous Cornfest events. Pursuant to the City fee waiver policy, since the total waiver is below the $5,000 threshold identified in Policy 10-12, the waiver has been approved by the associated Department Directors.
Attachments:
1. Resolution approving the temporary use permit 2. Resolution approving the MOU for police services 3. 2014 Brentwood Harvest Time Festival Site Plan
RESOLUTION NO. 2014-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT NO. 14-006 AUTHORIZING HARVEST TIME IN BRENTWOOD TO CONDUCT THE BRENTWOOD HARVEST TIME FESTIVAL FOR TWO DAYS ON SATURDAY AND SUNDAY, JULY 12 AND 13, 2014, AND APPROVING THE CLOSURE OF A PORTION OF SECOND STREET AND A PORTION OF OAK STREET, AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS.
WHEREAS, Harvest Time in Brentwood will be holding the first Harvest Time Festival event on Saturday and Sunday, July 12 and 13, 2014, an event of significance which will attract a number of people to the Brentwood area; and
WHEREAS, Harvest Time in Brentwood has requested approval of a temporary use permit for the 2014 Harvest Time Festival; and
WHEREAS, to accommodate the 2014 Harvest Time Festival, Harvest Time in Brentwood has requested that the following streets be closed to traffic, as well as no parking zones be established:
The north side of Second Street, between the west side of Oak Street and the east side of Maple Street.
The west side of Oak Street, between the north side of Second Street and the south side of Third Street.
“No Event Parking” zones along the south side of Oak Street across from City Park and along Maple Street adjacent the north side of the Veteran’s Hall.
WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close portions of streets for local special events such as the 2014 Harvest Time Festival when the closing is necessary for the safety and protection of persons who are to use those portions of the street during the temporary closure; pursuant to Vehicle Code Section 22507, the City may prohibit parking on portions of streets during all or certain hours of the day; pursuant to Vehicle Code Section 22651 (b), (m), and (n), City peace officers may remove by towing any vehicle from those portions of the streets where parking is prohibited; and
WHEREAS, Council/Administrative Policy 10-12 allows for Department Director approval for all fee waivers totaling under $5,000, and the estimated total of the fee waivers requested by the applicant is $4,799; and
WHEREAS, the proposed Harvest Time Festival event is a minor temporary use of land having negligible or no permanent effects on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood: A. Hereby finds that Temporary Use Permit No. 14-006 is consistent with the Municipal
1. The proposed 2014 Harvest Time Festival event qualifies as a Class 4 categorical exemption under the California Environmental Quality Act (CEQA Guidelines Section 15304(e)) in that the proposed event is a minor temporary use of land having negligible or no effects on the environment.
2. The subject site and above-referenced street closures will have adequate pedestrian and vehicular circulation available, in that the streets being closed will still allow vehicle access to the majority of residential and commercial properties surrounding the event site while keeping open the main thoroughfares around the event site and maintaining pedestrian access to the surrounding sites.
3. Visibility, noise and light impacts are addressed by the 9:00 p.m. Saturday and 6:00 p.m. Sunday closing times, allowing enough time for attendees to vacate the area without going late into the evening, and the condition requiring compliance with the noise regulations of the Brentwood Municipal Code.
B. Hereby approves TUP 14-006, subject to the Conditions of Approval listed in Exhibit “A,” attached hereto and made a part of this resolution.
C. Hereby authorizes the closure of the streets depicted in Attachment 1 to Exhibit “A” and the prohibition of parking in named areas.
D. Hereby authorizes the City Manager to execute the indemnity and insurance agreement referenced in condition 14 of Exhibit “A.”
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on June 24, 2014, by the following vote:
EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO. CONDITIONS OF APPROVAL FOR TUP 13-036
1. All aspects of the proposed use and street closures shall be in substantial conformance with the Harvest Time in Brentwood project plans, dated “Received May 9, 2014.”
2. No vehicles may park within the areas affected by the street closures, as follows: • The north side of Second Street, between the west side of Oak Street and the east
side of Maple Street.
• The west side of Oak Street, between the north side of Second Street and the south side of Third Street.
• “No Event Parking” zones along the south side of Oak Street across from City Park and along Maple Street adjacent the north side of the Veteran’s Hall.
3. Street closures may be in effect from Saturday, July 12, 2014 at 6:00 a.m. until Sunday, July 13, 2014, at 9:00 p.m.
4. Harvest Time in Brentwood shall obtain all required permits and approvals from the East Contra Costa Fire Protection District and submit a copy of the permits and approvals to the Community Development Department, prior to commencement of the event.
5. An electrical contractor shall obtain any temporary electrical permits from the Brentwood Building Division prior to the beginning of the event if temporary power is to be provided on-site.
6. Harvest Time in Brentwood shall provide proof of contract for portable sanitary facilities prior to commencement of the event.
7. Harvest Time in Brentwood shall act as the coordinator with the vendors to ensure that they obtain the required City business licenses.
8. Prior to the commencement of the Harvest Time Festival, Harvest Time in Brentwood shall work with the Traffic Engineer to ensure that the street closures are done in a safe manner.
9. All trash generated by the use shall be picked up, both on- and off-site. In addition, sufficient garbage and recycling containers shall be provided at multiple locations, and service on said containers shall be provided to ensure that they do not overflow at any time. The applicant shall arrange with the Public Works Department for additional carts and street sweeping and submit documentation of approval to the Community Development Department prior to the start of the event.
10. Any amplified sound used shall be subject to Chapter 9.32 Noise Regulations of the City of Brentwood’s Municipal Code.
11. Should complaints arise from any sound amplification during this event, Harvest Time in Brentwood shall work with the Police Department to mitigate the noise to the surrounding neighborhoods.
12. The applicant shall obtain all required permits and licenses from the California Department of Alcoholic Beverage Control and the Contra Costa County Health Department prior to commencement of the event and maintain said permits at all times while the use is operating. Copies of all permits and licenses shall be submitted to the Community Development Department prior to commencement of the event.
13. Liquor liability insurance is necessary relating to the sale of beer and wine at the event in the amount of $1 million. This policy must include the City of Brentwood, its Officers, employees, agents and volunteers as additional insureds.
14. The applicant shall enter into an agreement with the City, in a form to be approved with the City in its sole discretion, wherein the applicant agrees to indemnify, hold harmless, and defend with counsel chosen by City, the City, its officers, agents, employees and volunteers from any and all liability, claims or litigation that may be brought against the City arising out of its approval of this permit or the environmental determination rendered in connection with the permit approval, the operation of the use or uses allowed under the permit, or the closure of the public streets to facilitate this permit. In addition, the agreement shall require the applicant to provide evidence of general liability insurance in the amount of $1 million or as may be otherwise required by the City to cover any claims for bodily injury or death arising out of the approvals or closure. The policy must include the City of Brentwood, its Officers, employees, agents and volunteers as additional insureds.
15. The applicant shall provide proof of liability insurance coverage naming the City of Brentwood as additionally insured in the amount of $1,000,000.00 per occurrence prior to the start of the event.
16. The applicant shall provide a statement to the City stating that the applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City’s active negligence prior to the start of the event.
17. As per Section 17.850.008 of the City of Brentwood’s Municipal Code, the Police Department may close the event due to failure to satisfy conditions of this permit.
18. Subject to the approval of the Chief of Police, vehicles and/or other appropriate barrier mechanisms must be placed at all street closure locations. These vehicles/barriers must be in place prior to any event activity on the streets and the event personnel must be readily on hand to move them in the event of an emergency. Temporary signage must be placed on these vehicles identifying the area beyond them as being utilized for the “Harvest Time Festival” event.
19. Paint or other permanent types of markings shall not be used on any City streets, sidewalks, or on surfaces within the Civic Center complex. Any temporary markings shall be removed at the end of the event.
20. A representative from the Harvest Time Festival shall be present each day of the event to monitor setup and tear-down.
21. The applicants shall provide documentation of Health Department approval for food services to the Community Development Department prior to the start of the event. 22. The applicant shall obtain an encroachment permit from the Public Works Department
prior to the start of the event.
23. No stage, vendor’s tent, or similar structure used for or during this event shall be placed on public sidewalks.
24. The use of any type of adhesive tape or similar adhesive products to fasten any electrical wires, cables, or ropes to the public sidewalks and walkways and pavers or other fixtures within the Civic Center shall be prohibited.
25. The applicant shall have security personnel at the event after hours to be coordinated with the Police Department prior to commencement of the event.
26. No parking shall be allowed in front of any street closure signs or barricades.
27. The event organizers shall have a parking attendant and a “Garage Full” sign available located at the entrance to the Civic Center parking garage in order prevent entry to the garage in the event all parking spaces are filled. Parking attendants shall be available to direct traffic to overflow parking lots.
28. The event organizers shall place signage on Second Street, Third Street and Fourth Street where they intersect with Oak Street indicating “No Left Turn.” These locations shall also include barricades with flashers indicating the street closure areas to insure visibility at night. These barricades and signage must be in place prior to any festival use of the streets.
29. Tents and canopies shall be anchored with sand or water barrels or by a similar method and shall not be attached to turf or paving with stakes or any other mechanism.
30. No vehicles are allowed on Civic Center pavers or turf.
31. These conditions of approval also apply to City streets approved for this use.
32. Access to the Civic Center parking structure shall be available at all times, unless parking garage is full.
33. The applicant shall insure that all users abide by the City of Brentwood, Rules and Regulations as outlined in Title 7 Parks and Recreation of the Brentwood Municipal Code.
ATTACHMENT 1 TO EXHIBIT “A” TO CITY COUNCIL RESOLUTION NO. 2014-
MAP WITH STREET CLOSURES FOR THE 2014 HARVEST TIME FESTIVAL
Street closures No Event Parking
RESOLUTION NO. 2014-___
A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AND MAKE MINOR REVISIONS IN CONSULTATION WITH THE CITY ATTORNEY, A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND HARVEST TIME IN BRENTWOOD REGARDING THE 2014 HARVEST TIME FESTIVAL EVENT.
WHEREAS, Harvest Time in Brentwood has organized the first Harvest Time Festival event (the “Event”); and
WHEREAS, recognizing the importance of, and value to, the Brentwood community of events of this nature, the City in prior years has assisted other entities in its sponsorship of similar events through the provision of staff time and has, on several occasions, assisted through the provision of waiving certain fees; and
WHEREAS, the Event is to occur on July 12 and 13, 2014; and
WHEREAS, the City desires to support local farmers, artisans and businesses and the Harvest Time in Brentwood, and more specifically, the Event; and
WHEREAS, the Parties further desire to memorialize their relationship in a Memorandum of Understanding (MOU) and to set forth their respective roles and obligations including, on behalf of the City, the provision of supplemental police services, and
WHEREAS, pursuant to Government Code section 53069.8, related to the provision of supplemental police services, the City Council has discussed the MOU and its requirements at a duly noticed public hearing.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood approves, and authorizes the City Manager or his designee to execute and make minor revisions in consultation with the City Attorney, a Memorandum of Understanding between the City and Harvest Time in Brentwood regarding the 2014 Harvest Time Festival event.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of June, 2014, by the following vote:
MEMORANDUM OF UNDERSTANDING BETWEEN HARVEST TIME IN BRENTWOOD
AND THE CITY OF BRENTWOOD (Brentwood Harvest Time Festival)
This Memorandum of Understanding (“MOU”) is entered this ____ day of _________, 2014 (“Effective Date”), by and between Harvest Time in Brentwood (“Harvest Time”), and the City of Brentwood, a municipal corporation of the State of California (“City”) (each a “Party” and collectively, the “Parties”).
RECITALS
A. Harvest Time in Brentwood is sponsoring the 2014 Harvest Time Festival in the City of Brentwood (the “Event”).
B. Recognizing the importance of, and value to, the Brentwood community, the City in prior years has assisted other organizations in its sponsorship of similar events through the provision of staff time and has, on several occasions, also assisted by waiving certain fees.
C. The Event is to occur on July 12, 2014, from 11:00 a.m. to 9:00 p.m., and July 13, 2014, from 11:00 a.m. to 6:00 p.m.
D. The City desires to continue its support of local organizations, and more specifically, the Event.
E. The Parties further desire to memorialize their relationship in this MOU and to set forth their respective roles and obligations including, on behalf of the City, the provision of supplemental police services.
F. Pursuant to Government Code section 53069.8, related to the provision of supplemental police services, the City Council has discussed this agreement and the requirements thereof at a duly noticed public hearing.
NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:
1. Responsibilities of Harvest Time. Along with the terms and conditions of this MOU, Harvest Time agrees to be responsible for and complete those items set forth in the attached Exhibit A, which is incorporated herein by this reference.
2. Responsibilities of the City. Along with the terms and conditions of this MOU, the City agrees to be responsible for and complete those items set forth in the attached Exhibit B, which is incorporated herein by this reference.
3. Relationship of the Parties. It is understood that this is an MOU by and between independent contractors and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor.
earlier pursuant to this Agreement, will terminate July 14, 2014. 5. Police Services.
a. In General. The City will provide to Harvest Time police officers to perform supplemental law enforcement services pursuant to Government Code section 53069.8 as further described in Exhibit B of this MOU. City will retain complete control and direction over all police personnel. City reserves the right to determine the number and rank of police officers that will be assigned and whether the services will be performed in uniform or plain clothes. Harvest Time agrees that the assigned police officers will not be required to perform tasks that are outside of routine police officer job duties nor perform services authorized to be provided by a private patrol operator, as defined in Business and Professions Code section 7582.1. City reserves the right to reassign any or all officers provided Harvest Time pursuant to this MOU when, in the opinion of the Chief of Police, or his designee, public safety needs require such reassignment.
b. Facilities and equipment. Except for the provision of those marked police vehicle(s) as may be specified in this MOU, City is not obligated to furnish any police facilities or equipment pursuant to this MOU. City, at its sole discretion, may furnish other equipment to assigned police officer(s).
c. General Orders. Harvest Time agrees that the assigned police officers will act in accordance with the General Orders, rules, procedures and other directives of the Brentwood Police Department.
6. Indemnity. Except as to the sole negligence or willful misconduct of Harvest Time, City will defend, indemnify and hold Harvest Time, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, arising out of, or in any way connected with the performance of, the services by City or any of City’s employees, agents or subcontractors, notwithstanding that Harvest Time may have benefited from their services.
Except as to the sole negligence or willful misconduct of City, Harvest Time will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, arising out of, or in any way connected with the performance of, the services by Harvest Time or any of Harvest Time’s employees, agents or subcontractors, notwithstanding that City may have benefited from their services.
The duty of the Parties to indemnify and hold harmless as set forth herein, will include the duty to defend as set forth in Section 2778 of the California Civil Code. This Section 6 will survive the termination of this MOU.
7. Insurance. Each Party will maintain comprehensive general liability insurance in the amount of one million dollars ($1,000,000) combined single limit to protect the Parties, their officers, employees and agents against claims for bodily injury, and property damage arising from any Party’s participation in the activities described herein. The form of such insurance will be satisfactory to the other Party and may include self-insurance at levels acceptable to all Parties. Each Party’s policy or policies will name the other Party as additional insured. This Section 7 will survive the expiration of this MOU.
8. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
9. Entire Agreement. This MOU and its Exhibits A and B set forth and contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.
10. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.
11. Notices. All notices with respect to this MOU will be given by first class mail to the Parties as follows:
City: City Manager City of Brentwood 150 City Park Way
Brentwood, CA 94513
Harvest Time in Brentwood:
Peggie Schuitemaker
P.O. Box 810
Brentwood, CA 94513
Or to such other persons, addresses or telephone numbers as the Parties may designate in writing from time to time.
12. Termination. Either Party may terminate this MOU by delivery of written notice of election to terminate to the other Party.
13. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.
14. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
15. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.
16. Waiver. Waiver by any Party of any default, breach or condition precedent will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.
17. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.
18. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.
Harvest Time in Brentwood
By:
Peggie Schuitemaker
City of Brentwood:
By:
Paul R. Eldredge, City Manager
ATTEST:
By:
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
By:
Exhibit A
Harvest Time in Brentwood Additional Responsibilities
1. Payment for City Services: Harvest Time in Brentwood will pay for the City services listed below within 30 days of being invoiced by the City. Parties acknowledge that the following amounts are estimates only, and may increase or decrease should scope of services change due to unforeseen situations and circumstances or changes to the Event. Actual costs for labor, equipment and any other services. City staff costs will be based on the 2013/14 Cost Allocation Plan for each position at Step E hourly rate at time and a half plus benefits.
a. Police Services: Police services are estimated at $6,533.
b. Solid Waste Service: Are estimated at $701 for a 30 yard bin – one haul and an 8 yard recycle bin – one haul.
c. Parks and Recreation Services: Are estimated at $744, for part time staff.
2. Event Material: Harvest Time in Brentwood will need to supply enough “A” frame barricades with flashers and appropriate signage to be used for road closures and coordinate all road closures with the approval of the City Traffic Engineer or his designee. Any and all additional equipment (including, but not limited to, orange traffic cones and delineators) needed for roadway closure or pedestrian safety must be supplied by Harvest Time in Brentwood. Additionally, Harvest Time in Brentwood is responsible for staging said road closure items at pre-designated locations identified by City Police Department staff.
3. Resident Notifications: Harvest Time in Brentwood will be responsible for notifying local residents affected by the road closure in close proximity of event, as deemed appropriate by City staff. Resident notifications shall be made five days in advance. The resident notification list and approved sample letter will be provided to Harvest Time in Brentwood by the City Police Department. The notifications may be hand delivered or sent by U.S. Mail.
4. Permits: Harvest Time in Brentwood will be responsible for obtaining any required federal, state and local permits in connection with the Event.
Exhibit B
City Additional Responsibilities 1. Police Services
City will provide the following Police Services pursuant to the terms of the MOU:
At the sole discretion of City Police Department management, enough Police and Community Service Officers to provide a variety of public safety functions sufficient for an event of this nature.
Total Estimated Cost for Police Services: $6,533. 2. Solid Waste Services
Are estimated at $701 for a 30 yard bin – one haul and an 8 yard recycle bin – one haul. 3. Parks and Recreation Services: Are estimated at $744, for part time staff.
4. Estimate
Parties acknowledge that the above total cost is an estimate only, and may increase or decrease should the scope of services change due to unforeseen situations and circumstances or changes.
5. Invoice
City shall invoice Harvest Time in Brentwood for actual City services following the Event. 6. Items Provided by the City and included as part of the approved Fee Waiver are:
Temporary Use Permit
Community Center Facility Rental - Park - Friday, July 11 (3:00 pm – 9:00 pm), Saturday, July 12 (7:00 am – 9:00 pm), Sunday July 13 (7:00 am – 9:30 pm) and 2nd floor Conference Room A, including special event application.
