PARKS FACILITY USE RULES AND POLICIES

Transcription

1 This Exhibit includes insurance, indemnificatin and Park Rules requirements fr use f Cunty parks. A Permit is required fr events that will include special activities r equipment, such as serving and cnsuming alchl, r a bunce huse, rck climbing wall, etc. The fllwing sectins describe sme f the majr requirements the Applicant must meet t receive a Permit. 1. INCORPORATION INTO AGREEMENT In additin t any ther indemnificatin, assurances and hld harmless agreements made by Applicant in cnnectins with an event, the Applicant agrees t the terms and cnditins set frth in this Cunty Parks Rules and Plicies (Exhibit) 2. DEFINITIONS AND ELIGIBILITY The fllwing definitins are used thrughut this Exhibit: Applicant: The persns, firm r crpratin applying fr a Permit. Applicatin: The frm(s) the Applicant submits t btain a Permit fr an event at a Cunty f Mnterey Parks facility. Once cmplete and apprved by the Cunty, the Applicatin becmes the binding agreement in supprt f the Permit. Cunty: The Cunty f Mnterey Event: The time(s), place(s) and persns, firms r crpratins assciated with this Applicatin. Permit: The final authrizatin t use a Cunty Park facility, including reservatins and special permits r agreements. The specific permit may vary depending n the type f event r lcatin. Special activities and equipment that require review and apprval f a Permit by the Cunty include, but are nt limited t: Air Bungee Jumpers Alchl Use Inflatables (Bunce Huses) Rck Climbing Walls Prfessinal Phtgraphy Music Other activities and equipment as designated by the Cunty. 3. INSURANCE REQUIREMENTS FOR USE OF PARKS FACILITIES The Cunty may require the Applicant t prvide prf f insurance fr special activities r equipment. Befre final apprval f the Applicatin, the fllwing insurance dcuments must be prvided t the Cunty: Certificate f Insurance Additinal Insured Endrsement Primary/Nn-Cntributry Endrsement. All insurance must be submitted t the Cunty n less than ten (10) business days prir t the start f the event. The fllwing are minimum requirements fr all Permits. Applicatins are reviewed n a case by case basis. Additinal insurance may be required based n the determinatin f the Cunty Risk Divisin. 02/09/ Parks Facility Use Rules and Plicies

2 3.1 INSURANCE CERTIFICATE Withut limiting Applicant s duty t indemnify the Cunty, the Applicant must maintain in effect thrughut the term f the event a plicy r plicies f insurance with the fllwing minimum limits f liability: POLICY LIMITS Cmmercial general liability insurance, including but nt limited t premises and peratins, including cverage fr Bdily Injury and Prperty Damage, with a cmbined single limit fr Bdily Injury and Prperty Damage f nt less than $1,000,000 per ccurrence. Hmewners insurance plicies generally cannt prvide the required endrsements, and are nt accepted as cverage. There are many cmpanies that prvide standalne special event insurance plicies. Business Autmbile Liability Insurance, cvering all mtr vehicles, including wned, leased, nn-wned, and hired vehicles, used in prviding services fr this Event, with a cmbined single limit fr Bdily Injury and Prperty Damage f nt less than $500,000 per ccurrence. Wrker s Cmpensatin Insurance if Applicant emplys thers in the perfrmance f this Event, in accrdance with Califrnia Labr Cde sectin 3700 and with Emplyer s Liability limits nt less than $1,000,000 each persn, $1,000,000 each accident and $1,000,000 each disease. CERTIFICATE REQUIREMENTS The Insurance Certificate must include the fllwing elements: (Please nte that the descriptins f certificate sectins (insured, certificate hlder, etc.) are based n the sectins f an ACORD 25 frm, cmmnly used as an insurance certificate. If yur insurance plicy uses a different frm, the sectin names may vary slightly. The applicant must be named as the Insured. Must list the Applicant s first and last legal name, and mailing address. The plicy effective date must cver the term f the event, including setup and cleanup/takedwn days. The Certificate Hlder must be named as: Cunty f Mnterey RMA-Parks 1441 Schilling Place-Suth 2nd Flr Salinas, CA /09/ Parks Facility Use Rules and Plicies

3 CANCELLATION Insurance shall nt be cancelled r reduced withut prir ntice t the Cunty. Cancellatin f the required insurance withut a substitute plicy in effect and apprved by the Cunty will vid the Permit. 3.2 INSURANCE ENDORSEMENTS All insurance required by the Cunty must be with a cmpany acceptable t the Cunty and issued and executed by an admitted insurer authrized t transact Insurance business in the State f Califrnia. Each insurance certificate must als have attached the fllwing separate endrsement sheets: ADDITIONAL INSURED The Additinal Insured endrsement must name The Cunty f Mnterey, its fficers, agents and emplyees as additinal insured. The endrsement must include the assciated plicy number, r the ACORD certificate must list the endrsement frm number in the Descriptin f Operatins. PRIMARY/NON-CONTRIBUTORY The Primary/Nn-Cntributry endrsement must name The Cunty f Mnterey, its fficers, agents and emplyees as additinal insured. The endrsement must include the assciated plicy number, r the certificate f insurance must list the endrsement frm number in the Descriptin f Operatins. The endrsement must state that the Applicant s insurance is primary t and will nt seek cntributin frm any ther insurance available t an additinal insured under yur plicy (specific wrding may vary slightly). LIQUOR LIABILITY ENDORSEMENT (SERVING AND CONSUMPTION OF ALCOHOL PERMIT ONLY) A Liqur Liability insurance endrsement r plicy is required fr a Cnsumptin f Alchl Permit. The Certificate f Insurance must include Hst Liqur Liability either listed under Type f Insurance r Descriptin f Operatins if the applicant is applying fr a Cnsumptin f Alchl Permit. This language will act as the endrsement. SEPARATE ENDORSEMENT PAGES The language fr these endrsements must be prvided as separate endrsement pages frm the Certificate f Insurance. Including the endrsement language n the Certificate f Insurance, such as the ACORD Certificate Descriptin f Operatins, des nt meet the requirements. 4. INDEMNIFICATION The fllwing indemnificatin clauses apply t their respective Applicatin. The Applicatin type will be indicated n the first page f the Applicatin frm. 02/09/ Parks Facility Use Rules and Plicies

4 4.1 GENERAL APPLICATION INDEMNIFICATION: APPLIES TO ALL APPLICATIONS Applicant shall indemnify and hld harmless the Cunty f Mnterey, its fficers, agents and emplyees frm any and all claims, liability, lss, injury r damage arising ut f, r in cnnectin with, perfrmance f this Event by Applicant and/r its agents, emplyees, r sub-cntractrs, excepting nly lss, injury r damage caused by the sle negligence r willful miscnduct f persnnel emplyed by the Cunty. 4.2 SERVING AND CONSUMPTION OF ALCOHOL PERMIT INDEMNIFICATION In additin t any ther indemnificatin, assurances and hld harmless language r agreements made by Applicant in cnnectin with this Event, the Applicant hereby agrees t indemnify and hld harmless the Cunty f Mnterey, its fficers, agents and emplyees frm any and all claims, liability, lss, injury r damage arising ut f the Applicant s service f alchl whether the service f alchl is the nly alleged cause f claimant s damages r ne f several alleged causes and shall extend t claims against the Cunty f Mnterey arising ut f the Cunty f Mnterey s agreement t permit the service f alchl. 4.3 FILM AND PHOTOGRAPHY PERMIT INDEMNIFICATION In additin t any ther indemnificatin, assurances and hld harmless language r agreements made by Applicant in cnnectin with this Event, the Applicant hereby agrees t indemnify and hld harmless the Cunty f Mnterey, its fficers, agents and emplyees frm any and all claims, liability, lss, injury r damage resulting t any and all persns, firms r crpratins furnishing r supplying wrk, services r materials, r supplies in cnnectin with the perfrmance f this Event. 5. PARK RULES All park visitrs are respnsible fr knwing the Park Rules and fllwing them at all times. Park Rules and Regulatins are available at the Cunty website and are incrprated herein by reference. 5.1 SERVING AND CONSUMPTION OF ALCOHOL Sectin 5.1 applies t events that will invlve the serving r cnsumptin f alchl. Service will nt be allwed unless the fllwing plicies are bserved and cnditins met. The Applicant is respnsible fr ensuring that the fllwing are enfrced. SERVING AND CONSUMPTION OF ALCOHOL The Applicant will: Submit with the Applicatin a valid, unexpired Pht I.D. issued by a gvernmental agency fr the Applicant that includes the Applicant s name, date f birth and descriptin. Prevent ver-cnsumptin, underage drinking, and ther alchl-related issues. 02/09/ Parks Facility Use Rules and Plicies

5 Agree t check the identificatin f all guests and make certain that thse withut acceptable ID, r are underage d nt cnsume alchlic beverages. Agree t serve meals r snacks alng with alchlic beverages. Agree t prvide nn-alchlic beverages. Agree t have alchl in the area permitted fr the event nly and nt allw it t be taken ut f the designated area. The Applicant als attests that they understand that: The Applicant is persnally respnsible fr the actins f event guests, fr enfrcing the abve, and must physically be present during the perid(s) in which alchlic beverages are present. Any members f the Applicant s grup fund pssessing alchlic beverages utside f the permitted area may receive a citatin and/r may be asked t leave the park. Any vilatin f these terms and cnditins may result in the revcatin f this Permit and that the grup may be asked t leave the park. The Applicant will be respnsible fr payment t cver any damages that ccur t the facility and additinal clean-up. SECURITY FOR SERVING AND CONSUMPTION OF ALCOHOL The Applicant must pay fr security at any event where there is a Permit fr serving and cnsumptin f alchl. Security services are required fr Events with ver 30 attendees, and must be crdinated and apprved by the Cunty prir t the event. One (1) Security Guard fr every fifty (50) attendees, including the first thirty (30) attendees (1-50, , ). One (1) Supervisr fr every ne hundred (100) attendees. 5.2 RULES AND REGULATIONS FOR FILM & PHOTOGRAPHY PERMIT Sectin 5.2 applies t Film & Phtgraphy Permits. The permittee, its cntractrs, agents and emplyees shall abide by all applicable federal, state and Cunty laws, including Mnterey Cunty Cde Chapters 14.12, 14.18, and All phtgraphic activities within the Park(s) are t be under the general supervisin f the Directr f the Resurce Management Agency r designee, and all arrangements fr advanced preparatins shall be made with him/her, including crdinatin f park peratin schedule. During the curse f the Permit, restrictins f public access t the wrk areas shall be kept t a minimum. N structures r sets are t be built. N trees r shrubbery are t be cut, trimmed r injured. N disturbance is t be made t the grund surface r cver withut the express written permissin f the Directr f the Resurce Management Agency r designee. 02/09/ Parks Facility Use Rules and Plicies

6 The use f fires by the permittee shall nt be permitted except under unusual circumstances and with the specific written apprval and supervisin f the Directr f the Resurce Management Agency r designee. Permittee is required t btain any necessary fire permits. The permittee shall maintain a clean wrking area and upn cmpletin f wrk, shall restre the premises t the same cnditin in which it was fund. The permittee shall repair any and all damage t the Cunty park system resurces, facilities r prperty caused by the permittee s activities. The Directr f the Resurce Management Agency, r designee, shall be the sle judge f the extent f such damage and the adequacy f the repairs and restratin. The Directr f the Resurce Management Agency, r designee, may terminate any phtgraphy activity when it is necessary fr the safety and enjyment f the public, fr the prtectin f the cunty park system resurces, r fr the vilatin f any rules and regulatins f Mnterey Cunty. 5.3 AMPLIFIED MUSIC/SOUND Sectin 5.3 applies t any Event that includes amplified music r sund. Applicant must list n the Applicatin, all amplified music and sund that will be present at the Event. The Bard f Supervisrs f Mnterey Cunty has adpted Ordinance N which regulates nise in cunty parks. The nise level, as rdered in this rdinance, shall nt exceed 50 dba at 50 feet utilizing an A weighted netwrk. This rdinance cvers all frms f sund, including music, and will be enfrced thrughut the park system, including grup area PA systems, live music bands, as well as individual autmbile stere systems. The use f fuel-perated generatrs and prtable bandstands (such as thse used n flat-bed trucks) are nt allwed withut prir apprval f the RMA Directr r Deputy Directr(s). Generatrs must be whisper generatrs and meet all Cunty sund level requirements. The Parks Department will supply electricity t each individual grup picnic area that is reserved. The electrical utlets are t be used nly by the grup wh has reserved that area fr the day. The Parks Department des nt guarantee electrical pwer t these grup areas if a pwer failure ccurs r if the equipment being used draws an excessive amunt f AMPS. Bands and stere equipment shall cease play ne (1) hur befre the psted clsing hurs f the park. Electricity at yur reserved grup area shall be turned ff at that time. N vehicles shall be allwed t drive ff the paved rad r designated vehicle parking area t lad r unlad any equipment withut prir permissin frm the RMA Directr r Deputy Directr(s). 02/09/ Parks Facility Use Rules and Plicies

7 Apprval fr amplified music/sund must be applied fr at least ne (1) week befre the event takes place. The Applicant is respnsible fr his/her grup s actins while visiting any Mnterey Cunty Park and must physically be present the day f the event. The applicant understands that they may receive a criminal citatin, have the electricity turned ff t the grup area, and/r be asked t leave the park due t vilatin f these terms and cnditins. 5.4 INFLATABLES (BOUNCE HOUSES) Sectin 5.4 applies t the use f inflatables in Cunty Parks. Inflatable may nt exceed fifteen feet by fifteen feet (15ft x 15ft) in size. Inflatable structure will nt include any feature designed t use glf balls r ther prjectiles (exceptin: basketball hps that are part f the inflatable structure). Only ne (1) Inflatable is allwed per reserved area. Applicant may nt use ther areas r pen spaces it has nt reserved, regardless if it is ccupied r nt. Applicant must maintain supervisin f the Inflatable at all times. Generatrs must be whisper generatrs and meet all Cunty sund level requirements including Ordinance N which regulates nise in cunty parks. The nise level, as rdered in this rdinance, shall nt exceed 50 dba at 50 feet utilizing an A weighted netwrk. Applicant must be present at the Park fr any delivery and pickup f the inflatable. 02/09/ Parks Facility Use Rules and Plicies