City of Ferndale. Special Event Application Packet

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1 City of Ferndale Special Event Application Packet 1

2 Special Event Application Packet Contents Item Page 1. Special Event Process Outline 3 2. Estimated Fees for City Services 5 3. Criteria for Application 7 4. Notice of Intent to Apply for Special Event Application for Special Event Permit Indemnification Agreement Special Event Policy Special Event Checklist Letter to Business/Resident Template Standard License Agreement Sample Insurance Certificate Maps of City Parking Lots and Parks Portable Toilet Guidelines Recycling Guidelines 38 DEADLINE At least 180 days prior to event At least 120 days prior to event At the pre-event meeting at least 90 days prior to event At least 30 days prior to the event At least 5 business days prior to the event Special Event Timeline REQUIREMENT 1. Submit Attestation of Special Event Process 2. Submit Notice of Intent to Apply 3. Submit Completed Application including Site Plan and Event Description 4. Check for City Park Availability, if applicable 1. Schedule Meeting with Event Facilitator 2. Schedule Meeting with Special Event Committee 1. Discussion of Proposed Event 2. Determination of Application Fee 3. Submit Letter to Residents/Businesses 4. Obtain City Council Approval for Event 1. Submit Necessary Permits 2. Submit Contracts and Agreements 3. Submit Application Fee and Deposit 4. Submit Promotional Materials 1. Submit All Insurance Documents 2

3 Large Special Event Process Outline o o o o At least 180 days but not more than one year prior to a large Special Event (anticipated attendance of 500+), pick up an application packet from Ferndale City Clerk s Office. Read entire application packet and return attestation page confirming an understanding of the process, fees and deadlines associated with applying for a Special Event in Ferndale. Complete and return Notice of Intent to Apply for Special Event Permit. Carefully complete and return the Special Event Permit Application, paying special attention to the following criteria: Description: Provide a detailed description of the event. Schedule: Provide a detailed list/itinerary of proposed activities including, but not limited to, set up and tear down time, gate opening and closing times, event activity times, clean up and site restoration. Site Plan: Provide a map of proposed area of use including a detailed diagram of event boundaries, layout, gates, parking, additional lighting, portable toilets, hand wash stations, booths, tents, fencing and other elements. Promotional Materials: Provide copies for review of all promotional materials. Street Closures: Request names of streets proposed to be closed, dates and times of closure and reopening. Attendance: Estimate number of anticipated attendees. Parking: Provide a detailed plan for participant and vendor parking, including but not limited to, requests for City owned parking lot usage, proposed ingress and egress points for vendors, vendor and participant parking utilizing private lots around the city, shuttle arrangements, plan to direct participants to approved parking areas and contracts for private parking lot use which may be subject to fees from private property owners. Security: Provide details of how you plan to assure the safety of participants. This does not preclude appropriate schedule of police and fees charged to organizer. Alcohol Sales: If you are requesting the sale of alcohol during your event, you must apply to the Michigan Liquor Control Commission for permission prior to any consideration by the City for granting your request. Provide detailed site plan of area where alcohol is to be consumed and plan for controlling access. Restrooms: Provide number of portable toilets and hand wash stations to be supplied. (see guidelines for number of facilities needed). Cleaning of toilets and hand wash stations must be regularly maintained. Noise Permit: Provide details of requested sound amplification times and location. 3

4 Food Permit: If you are requesting food sales, all vendors must apply for a permit through the Oakland County Health Department or be licensed by the State of Michigan. You must comply with the Fire Code adopted by the City of Ferndale. Check with the Fire Marshal for details. Also provide details about how you intend to offer food vendors sanitation, water and electricity. Signage: Provide details of your request for special signage for your event. Temporary Apparatus: List all stages, tents, canopies or membrane structures, fencing, lights, generators, bleachers, tables or other temporary apparatus you are requesting to use during your event. Materials provided by the City are subject to rental fees and labor costs for installation and breakdown (if necessary). An operational permit from the Ferndale Fire Department may be required for tents, canopies, or membrane structures. Permits may also be required from Community Development for temporary apparatus. Phone numbers are provided at the end of this form to help you determine which permits and fees are required. Trash & Recycling: Provide a detailed plan for trash removal and recycling during the event. Applicant is responsible for providing trash receptacles and recycling containrs and large SOCRRA bins. For multiple day events, trash must be emptied after event hours and taken away from the festival site. For large events DPW personnel will be assigned to assist with trash removal during the event and the applicant will be charged for DPW overtime. The number of DPW personnel required will be determined by the size of the proposed event. Site Restoration: The restoration process must begin as soon as the event ends. Streets must be completely vacated before DPW personnel can re-open them. On-site Contact: Provide the name(s) and contact information of the person(s) responsible for supervision during the event. The City needs at least one person who can be contacted by City staff. That person (or their designee) must be available at all times. o o If you plan on using a City owned park, you must contact the Kulick Recreation Center. Rental should be arranged prior to submitting your site plan and application. Carefully consider your budget. There may be fees associated with your event that you haven t anticipated. There will be City permit and application fees. Large events will require DPW and/or police assistance which can include overtime personnel, vehicle and material costs. Many events require permits from the Fire and Community Development Departments. Private property rental for overflow parking or any other reason needs to be considered. o City Phone Numbers: City Clerk s Office Community Development Services Department of Public Works Ferndale DDA Ferndale Fire Department Gerry Kulick Community Center

5 Sample Special Event Fees for Services The City of Ferndale is providing this list of standard services/items and the associated fees that you may incur as part of the planning of your event. Not all events will require all services/items and this list is not intended to represent all services and items that may be necessary for the operation of your event. These rates are given to provide estimated costs only. The actual amounts may vary depending on the length, size and scope of each individual event. All City of Ferndale employee personnel costs are subject to a 2 hour minimum if work is performed outside of regular business hours and as a direct result of the special event. When utilizing City services, you must contact the Department of Public Works at least 1 week prior to your event to assure delivery of all requested items and/or scheduling of adequate personnel. Special Event Fee Schedule for Services Fiscal Year 2010 (This fee schedule may be reviewed and updated annually) Public Works Personnel Estimated Cost Per Hour (2 Hour Minimum) Mandatory DPW staffing may be required. Determination will be made at your Special Event Committee Meeting. DPW Grade 1-3, PW Leader $ $45.00 per hour Supervisor $55.00 per hour Police Dept. Personnel Estimated Cost Per Hour (2 Hour Minimum) Mandatory Police staffing levels will be determined at your Special Event Committee Meeting. Police Officer $55.00 per hour Command Officer $70.00 per hour Fire Dept. Personnel Estimated Cost Per Hour (2 Hour Minimum) Fire Fighter $35.00 per hour Fire Officer $45.00 per hour Recreation Personnel Estimated Cost Per Hour (2 Hour Minimum) Staff Member $15.00 per hour DDA Contract Labor Estimated Cost Per Hour Landscape Repair $82.50 per hour for a three man crew Light Pole Banner Installation $55.00 per hour for a two man crew (except on Woodward) Vehicles Cost Per Hour (based on rates set by the State of Michigan) Pickup Truck $9.53 Garbage Truck $41.01 Street Sweeper $86.62 Lift Bucket Truck $18.62 Permit Fees Cost Application Fee $25 - $400 based on Hazard Classification Tents (over 10 X10 ) $35 each (contact Community Development) Sign and/or Banners $35 each (contact Community Development) Plan Review $15 (contact Community Development) Operational Permits $100 (contact Fire Marshal) Alcohol Application Fee $125

6 Sample Staffing Levels and Labor Costs for Special Events These estimated staffing levels are provided as samples to approximately calculate City of Ferndale labor costs for your event. Not all events will require all the services listed and this list is not intended to represent a complete listing of all City labor costs that will be billed to your event. Your costs will be estimated during your meeting with the Special Event Facilitator and subject to confirmation by the scheduling authority for each service. These rates are given to provide estimated costs only. The actual amounts may vary depending on the length, size and scope of each individual event. All personnel costs are subject to a 2 hour minimum if work is performed outside of regular business hours and as a direct result of the special event. Estimated Staffing for Road Closures (subject to a 2 hour minimum) The time needed to perform a road closure depends on the type of road being closed and the volume of traffic being re-routed. Generally the closure of a major road requires 4 workers. Re-opening requires the road to be completely cleared and cleaned with barricades and detour signs removed. Re-opening a closed road generally requires 4 10 workers depending upon the condition of the site after the event vacates the area. Estimated Staffing for Event Trash Removal Assistance (subject to a 2 hour minimum) In certain cases DPW personnel may be assigned to help with trash removal/recycling during the event. This determination will be made by the Public Works Director or his designee based on previous history and/or event size. These workers are intended to supplement the event s own trash removal workers/volunteers and will not bear the sole responsibility for all trash removal and recycling. If the event does not provide its own trash removal personnel the DPW reserves the right to call in additional staff members to maintain a clean event site and all extra labor costs will be billed to the event organizer. Depending upon the size of the event, the condition of the site and the number of refuse workers the event provides trash removal assistance can require 2 6 workers plus equipment costs for at least 2 hours and possibly for the duration of the event. Estimated Staffing for Moving Equipment and Sign Installation (subject to a 2 hour minimum) The time needed to perform these tasks varies by the number, type, and availability of equipment. Moving and setting up bleachers or picnic tables can take 4 6 workers several hours. Overhang banner installation and/or light pole banner installation and removal requires a minimum of 2 workers and can take up to 6 hours or more depending on how many signs are being erected and removed. Light pole banners on Woodward must be installed by DPW. Estimated Staffing for Site Restoration & Clean Up (subject to a 2 hour minimum) Site restoration and clean up duties performed by Public Works personnel will be billed as necessary. Depending upon the size of the event and the condition of the site clean up and site restoration can require 4 8 workers plus equipment costs for a half day (4 hours) to a full day (8 hours). Estimated Staffing for Police Officers (subject to a 2 hour minimum) The need for uniformed (or undercover) police personnel will be determined by the Police Chief or his designee. The event will be billed for all officers scheduled for the purpose of event crowd control and management. Estimated Staffing for Auxiliary Police (subject to a 2 hour minimum) Auxiliary police personnel may be assigned to assist officers during a special event. The event will be billed for at least one command officer to coordinate and schedule the auxiliary personnel. Auxiliary police personnel are intended to supplement our regular police force and auxiliary officers are not used as a replacement to uniformed (or undercover) officers. Estimated Staffing for Firefighters/Paramedics (subject to a 2 hour minimum) The need for fire personnel will be determined by the Fire Chief or his designee. The event will be billed for all firefighters/paramedics scheduled for the purpose of providing emergency personnel to the event. Estimated Staffing for Landscape Repair In the event that landscaping is damaged or clean up is necessary for tree wells and flower beds, the event will be billed the actual cost for all labor, equipment and foliage necessary to return the site to its original condition.

7 City of Ferndale Special Event Permit Application For Events Anticipating Attendance Exceeding 500 Participants Are you requesting use of a City-owned park or property? Yes No If you answered yes, please complete a through d a. Do you expect 500 people or more to attend? Yes No b. Will the event be open to the public (anyone not directly affiliated with your organization)? Yes No c. Do you expect to sell tickets (or request donations) for entrance? Yes No d. Are you proposing to sell goods or services (through vendors or directly) during the event? Yes No If you answered yes to any one of the questions a-d or if you wish to have any City park closed to the public you are required to complete this application. 1. The applicant must sign and date the attestation page indicating an understanding of the process, deadlines, and estimated fees. 2. Complete the notice of intent to apply for a special event permit as soon as possible. 3. Complete the special event permit application and any other materials that apply to your proposed event by the deadlines required. 4. Return application(s) and all related materials to: City Clerk s Office 300 E. Nine Mile Road, Ferndale, MI mmcgrath@ferndale-mi.com 7

8 Special Event Permit Deadlines For Events Anticipating Attendance Exceeding 500 Participants 1. At least ONE HUNDRED EIGHTY (180) DAYS before the event: Notice of intent to apply for special event permit and understanding of process: Complete, sign, and return pages 8-11 of this application. Keep a copy for your records. Special event permit application: Complete, sign, and return pages of this application. It is imperative that all questions are answered thoroughly and all required attachments are included to ensure timely review and consideration of the application. Facility rentals: Rental arrangements should be made for City of Ferndale facilities, such as the Community Center, Parks and Pavilions. 2. At least ONE HUNDRED TWENTY (120) DAYS before the event: Meet with Facilitator: Schedule a meeting with the City Event Facilitator. You can expect to review the special event outline and evaluate the details of your application for clarification of requirements and facilitation of requests prior to your meeting with the Special Event Committee. Any special requests to be considered should be presented in writing at this meeting for inclusion in your final request to the City Council. Meet with Special Event Committee: After your meeting with the Facilitator check with the City Clerk to find out if you need to schedule a meeting with the Special Event Committee to further review your application with the relevant City departments. 3. At your pre-event meeting at least NINETY (90) DAYS before the event: Non-Refundable application fee: This fee will be determined by the Special Event Committee. The amount is based on the hazard class the committee assigns to your event. This determination is made by assessing the potential liability risk of the City of Ferndale. The hazard class criteria is as follows: o Class 1 Low Hazard involves no physical activity by participants and no severe exposure to spectators. Examples of events in this category include, but are not limited to, meetings, seminars, social gatherings, theatrical performances and auctions. Class 1 Application Fee None o Class 2 Moderate Hazard involves limited physical activity by participants and no severe exposure to spectators. Examples of events in this category include, but are not limited to, dances, animal shows, political rallies, flea markets, picnics and parades with no floats. Class 2 Application Fee $25.00 o Class 3 High Hazard involves major participation by participants and/or moderate exposure to spectators. Examples of events in this category include, but are not limited to, parades with floats, marathons or races and circus/carnivals. Class 3 Application Fee $ o Class 4- Severe Hazard involves severe exposure to spectators and/or participants. Examples of events in this category include, but are not limited to rock concerts, alcoholic beverage sales, vehicles races, fireworks displays and ice-carving events. Class 4 Application Fee $

9 Discussion of Request: Event organizer(s) may meet with the Special Event Committee to evaluate the requests put forth in your special event application and previously evaluated by Facilitator. Each section on the application will be examined and discussed to clarify the requests of the organizers and the expectations of the City. The Committee will create a recommendation to present to the City Council for final approval of the event. Letter to Affected Businesses/Residents: At your meeting, present a copy of the letter being sent to all residents and/or businesses within 300 of the proposed event site. It is recommended that organizers visit businesses in person for notification regarding street closures, event activities and participation opportunities. A copy of the letter and distribution list must be received by the Clerk s Office at least two weeks prior to the date your event goes before the City Council. A sample letter is provided in this packet. Obtain City Council Approval: After the recommendation has been made by the Special Event Committee to approve your event for consideration by Council, the City Clerk s Office will schedule you on the next available Council agenda. Prior to the Council meeting you must provide the Clerk s Office with the letter to businesses/residents mentioned above and any other documentation requesting special action by Council for your event, if not already submitted during your meeting the Special Event Facilitator. 4. At least THIRTY (30) DAYS before the event: Outside permit requirements: Your special event may require permits from other state and/or local agencies as described below. o If applicable, a copy of your Liquor Control Permit and o A signed copy of the attached waiver of liability and indemnification agreement. o If applicable, a copy of Oakland County Health Permit for food sales or license by the State of Michigan including product liability insurance naming the City as an additional insured. Contracts and Agreements o If applicable, copy of written authorizations to use private parking lots or property. o If applicable, copy of contracts or agreements for private security services. o If applicable, copy of contract with portable restroom provider including cleaning schedule. o Copy of any other necessary contracts as determined by Special Event Committee. Payment of Deposit and Application fee: Pay your previously determined application fee and deposit to insure cleanup and return of the location to its original condition by the specified date and time. 5. At least FIVE BUSINESS (5) DAYS before the event: Insurance requirements: The City requires insurance as described below. Insurance policies must be issued by companies licensed or approved to do business in the State of Michigan. o Proof of your public liability and property damage insurance in the amount of $1,000,000 (or other amount as determined by the Special Event Committee) naming the City of Ferndale as additionally insured. o Proof of liquor liability insurance in the amount of $1,000,000 naming the City of Ferndale as additionally insured, if applicable. 9

10 Special Event Permit Fees 1. Application Fee as determined by Special Event Committee (non-refundable) $25 for Hazard Level Two Events $200 for Hazard Level Three Events $400 for Hazard Level Four Events 2. Deposit (example criteria, actual amount to be determined by City) $500 for small or short events $1,000 for one-day events $1,500 for multiple day or high-risk events Paid via cash or check payable to City of Ferndale If an organizer prefers to have their deposit returned, rather than applying it to their outstanding invoice, the deposit will be held until all invoices, past and present, are paid. Any remaining amount will be returned to the applicant after review by the Council Finance Committee and paid on the same bi-weekly schedule as the rest of the bills and payrolls. 3. Alcohol Application Fee (non-refundable) $125 for any event that requests alcohol consumption or sales 4. Community Development Fees $35 per tent (over 10 X10 ) $35 per sign and/or banner $15 plan review per application 5. Fire Department Fees $100 operational permit as listed in Section 105 of the International Fire Code 6. Recreation Department Fees Park Pavilion Rental: Requires non-refundable deposit of 50% of the rental rate o $50 for resident rental of (4 hours or less), $80 over 4 hours o $100 for non-resident rental of Park Pavilion (4 hours or less), $160 over 4 hours Ferndale Activity Center Hourly Rentals require a 3 hour minimum: o $55 dining room/$100 hall for Service Clubs and Non-Profit Groups o $65 dining room/$110 hall for residents o $75 dining room/$170 hall for non-residents $150 Rental Security Deposit, $75 Rental Cancellation fee, $150 Rental No Show/Call 7. Fees for Services: The City of Ferndale provides a variety of public services for special events. The need for services and cost estimates will be determined at the pre-event meeting between the applicant and the Special Event Facilitator. Permit holders will be invoiced for the actual cost of services incurred by the City including installation of overhang banners and light pole signs, if those services are utilized. You will be provided with an invoice after the event and are required to make full payment within 30 days of the invoice date. Penalties and interest will be charged for late payments. The penalty for late payments is 5.0% of the outstanding balance. The interest charge for late payments is 0.5% of the outstanding balance each month until paid in full. Organizations with unpaid invoices may not apply for a new event until the full balance due is paid. 8. Miscellaneous: Inclement weather, disasters, emergencies, and other circumstances beyond our control may require the Department of Public Works to provide public services to special events in order to protect life and property. Special event permit holders will be charged for the actual cost of additional work necessitated by the special event s presence on City-owned property in such circumstances. Special event permit holders will not be charged for work that would have been otherwise completed or reimbursed by other units of government. 10

11 Attestation As applicable to event, applicant understands and agrees to comply with city ordinances and rules governing special events and agrees to make final payment within thirty (30) days of invoicing for any additional services requested or required. Failure to comply within thirty (30) days shall place the applicant in default status, during which future events may be denied until default is resolved. Event Title: Event Date(s): I have read and understand the preceding pages of the application information, agree to abide by the City s requirements for special events, and have the authority to sign on behalf of the applicant/organization: Applicant Name (printed) Applicant Signature Date Mailing Address: Phone: 11

12 Notice of Intent to Apply For Special Event Permit Event Title: Event Date(s): Event Hours: Set-up Time: Break-down Time: Purpose of Event: Please name the person(s) principally responsible for this event: Name: Day Phone: Driver License No: Address: Mobile Phone: Address: Legal name of applicant organization: Form of ownership: Doing Business As Individual Partnership Corporation Association Legal address: Mailing address: Phone: Tax ID #: Names and addresses of all officers and directors (attach separate sheet if necessary): President: Vice-President: CEO/Executive Director: Secretary: Applicant must have authorization to sign legal documents on behalf of the organization, such as its President or C.E.O. The permit shall not be issued until the application has been reviewed by the Special Event Committee and approved by the Ferndale City Council 12

13 Special Event Application 1. Description: Please attach a detailed description of the event. 2. Schedule: Please attach a detailed list/itinerary of activities to include, but is not limited to, setup time, gate opening time, event elements, gate closing time, tear down and clean up times. Break down time should be similar to set up to allow DPW personnel adequate time to re-open streets. 3. Site Plan: Please attach a map and detailed diagram including but not limited to event boundaries, layout, gates, parking, additional lighting, portable toilets, hand wash stations, booths, tents, fencing, recycling bins, trash containers and other elements. The City requires recycling to be provided at every event; your site plan must include a detailed recycling plan. Site plan must include a clearly designated emergency vehicle access diagram. Any change to the site plan must be submitted prior to the event being approved by the City Council. 4. Street Closures: Are you requesting any street closures for your event? Yes (see below) No (go to #5) Street(s) requested (i.e. West Nine Mile from Woodward to Planavon): Street: from: to: Street: from: to: Date(s) requested: Closure times requested: from AM/PM to AM/PM (Please be sure to include enough time for event set up and clean up road must be completely vacated for DPW to re-open street after event) Event times: AM/PM to AM/PM 5. Attendance: Estimated number of people you expect to attend the event: For annual events, indicate next years proposed date 6. Parking: Please attach a detailed description of the parking available in the area surrounding your event and how you intend to direct attendees to parking (special signage is recommended). Attach written authorization from private property owners if necessary. Please indicate if shuttles will be used to take event participants and/or vendors to and from the event along with drop-off and pick-up locations. 7. Alcohol Sales: Are you requesting alcohol sales or consumption at this event? Yes (see below) No (go to #8) 13

14 Events proposing to sell or consume alcohol are subject to a $125 non-refundable alcohol application fee. Attach a site plan of the area where alcohol is to be consumed, including entry and exit points. State law limits consumption of alcohol to enclosed areas only. At least 30 days prior to event provide a copy of your Liquor Control Permit and at least five days prior provide your proof of liquor liability insurance in the amount of $1,000,000 naming the City of Ferndale as additionally insured. 8. Utilities: Does this event require any utilities? Yes (see below) No (go to #9) Electricity Water Other Please note: An electrical inspection permit may be required if the event requires electricity. For more information, contact Community Development at (248) Restrooms: Does this location have sufficient toilet and hand wash facilities for the event? (see attached restroom guidelines to determine the number of facilities needed based on the anticipated attendance and length of event) Yes (go to #10) No (see below) How many portable restrooms are required for your event? Include locations for portable toilets in site plan. Toilets should be accessible for regularly scheduled maintenance by your service provider and easily located by event attendees. 10. Noise Permit: Are you requesting sound amplification for your event? (include in site plan) Yes (see below) No (go to #11) Times requested: from: AM/PM to AM/PM 11. Food Permit: Are you proposing food to be prepared, distributed, or sold at the event? Yes (see below) No (go to #12) All food vendors must have a temporary permit from the Oakland County Health Dept. or be licensed by the State Of Michigan. Also contact the City of Ferndale Fire Marshal at (248) for details pertaining to the Fire Code adopted by the City of Ferndale. 12. Merchandise Vendors: Are you proposing hard goods or services to be sold at the event? Yes (see below) No (go to #13) All vendors must comply with copyright laws and licensing regulations when selling merchandise at a special event. Vendor is responsible for all sales, use, employment and other taxes subject to their participation in the event. Recycling and trash removal is required 14

15 for all vendors booths. Glass, plastic, metal and fibrous materials must be separated for recycling and placed into provided recycling containers or bins. Trash may not be placed behind booths, but must be properly disposed of. Storage containers must be stored in the booth during the event to reduce liability. 13. Signage: Are you requesting any signage be utilized? Yes (see below) No (go to #14) Review Ordinance No. 1050, Signs, on our website for regulations. Contact Community Development at (248) with any questions pertaining to signage and to obtain any necessary sign permits. 14. Temporary Apparatus: Are you requesting use of any of the following? Yes (see below) No (go to #15) If yes, check all that apply and include placement of each on event site plan Tent(s) Portable stage(s) Fencing Portable lights Other: Bleacher(s) Number requested from the City: Picnic table(s) Number requested from the City: Membrane Structures (inflatable slides, moonwalks, etc.) Additional permits may be required from Community Development (248) and/or the Fire Department (248) Any materials being rented from or moved by City staff will be included in the final billing. 15. Trash & Recycling: How many trash receptacles do you intend to provide: Note: All trash receptacles must have liners at all times How many recycling containers and large SOCRRA bins do you intend to provide? Recycling containers and the large SOCRRA bins can be requested by contacting the DPW Yard at This request must be made at least two weeks prior to the event. There is no cost to the event for containers and bins from SOCRRA when requested through the City. Trash removal is the responsibility of the applicant. Both City owned and temporary trash receptacles must be emptied often during the event. For large events Public Works personnel may be assigned to assist with trash removal during the event and the applicant will be charged for DPW overtime (if the event is outside of normal business hours). The number of DPW personnel required will be determined by the size of the proposed event. Applicants are required to follow the recycling guidelines provided with this packet. You must provide separate recycling containers for glass/plastic/aluminum and fibrous materials. Recycling containers should be placed near other trash receptacles for ease of use. Vendors are required to separate recyclable materials from other refuse. Volunteers should be on hand to separate recyclables from trash to reduce the amount of refuse generated by the event. Final trash pick up requires all refuse to be neatly bagged or contained and set next to City 15

16 trash bins. Recyclables must be transferred from the recycling containers and placed in the large SOCRRA recycling bins for pick up by SOCRRA. If an event fills a City trash compactor and a replacement is required, the actual replacement cost may be charged in the final billing. 16. Site Restoration: When do you agree to restore the location to the condition in which you found it? Date Time 17. On-Site Contacts: Provide emergency contact names, addresses and cell phone numbers for City employees, such as public works and emergency personnel, to contact before, during and after the event. Event staff/volunteers must be instructed to provide access to the day-of contacts and/or on-site manager if requested by the city manager, police or any other authorized City personnel. Name Phone addess Name Phone addess 18. Event Hotline: Organizers must provide an event hotline for attendee and/or vendor questions. The event hotline number must be provided to direct callers who contact City offices with event questions. The City is not responsible for the accuracy of information relating to events that they do not sponsor. Phone Contact Name Event Website (if applicable) Event contact (if applicable) 16

17 The applicant hereby certifies that the statements made in this application are true, accurate and complete. The applicant agrees to comply with all Federal and State Statutes and with all City of Ferndale Ordinances, including the curfew and noise ordinances. Nothing contained in the city code shall be construed to require the City Council to issue a permit to an applicant and no applicant shall have any interest or right to receive a permit merely because the applicant has been issued a permit in the past. Applicant understands and agrees that in the event any nuisance or disturbances are caused by the individuals attending the event, the use of the location may be terminated by the Police Chief or the City Manager or their designees. You authorize the Fire Marshal to inspect all vendors and apparatus during the event to assure compliance with safety regulations. Further, you understand and agree to abide by any additional City requirements that may be deemed necessary to safely operate your proposed event. This application represents our intent for the proposed event to the best of our knowledge, and I have the authority to sign on behalf of the applicant/organization: Applicant Name (printed) Signature Date If you require assistance or have questions during the event, please refer to the following: Emergency 911 Ferndale Police Department Non-Emergency (248) Ferndale Fire Department Non-Emergency (248) On-site Administrative Contact (to be determined) The permit shall not be issued until all information has been verified and application has been approved by resolution of the Ferndale City Council For Office Use Only Date of Facilitator Meeting: Date Received: Clerk: Application Fee Required: Date of Special Event Committee Meeting: Additional Fees: Date of Council Consideration: Approved/Disapproved 17

18 INDEMNIFICATION AGREEMENT I/We agree to defend, indemnify, and hold harmless the City of Ferndale, Michigan from any claim, demand, suit, loss, cost or expense, or any damage which may be asserted, claimed or recovered against or from the City of Ferndale by reason of any damages to property, personal injury or bodily injury, including death, sustained by any person whomsoever and which damage, injury or death arises out of or is incident to or in any way connected with the performance of the Special Event Resolution of City Council and regardless of which claim, demand, damage, loss, cost or expense is caused in whole or in part by the negligence of the City of Ferndale or by third parties, or by the agents, servants, employees or factors of any of them to the fullest extent allowed at Law. Acknowledgement of Rules & Regulations: Applicant acknowledges receipt of the Special Event Packet including all rules and regulations and Indemnification Agreement and agrees to comply with the regulations set forth herein. Name of Authorized Personnel (Please Print) Title Authorized Signature of Authorized Personnel Date Witness Date 18

19 CITY OF FERNDALE SPECIAL EVENTS POLICY PURSUANT TO SECTION OF THE CODE OF ORDINANCES Sec. 1 Special Event Application Required This policy statement on Special Events covers all special events in the City of Ferndale, State of Michigan. Any organization wishing to sponsor or hold a special event in the City of Ferndale will be required to complete the City of Ferndale Special Event Application. A special event within the City of Ferndale that will be conducted on the streets, parks, or other areas, is required by Ordinance Section 16-12, to be approved by the City Council. Applications to conduct a special event must be made in writing to the office of the City Clerk. Applications are available from the City Clerk's office. The applicant must have the authorization to sign legal documents on behalf of the organization. Applications shall be submitted to the City Clerk's office no less than 180 days prior to the date of the actual event. In special instances, applications may be accepted with less notice, but these applications must be approved by the Special Event Committee and the City Council. The City will provide a complete review of any special event application, including consultation with the applicant as may be reasonably necessary to resolve problems. Sec. 2 City Services Provided for Special Events The City will provide support for Special Events on the following basis: a. City Operated Events: Any special event operated by or on behalf of the City government. The full cost of these events will be funded by the City. b. Privately-operated Events: Any special event, regardless of whether or not it is open to the public, not operated by or on behalf of the City government. Privately-operated special events must comply with the all requirements of the Special Event policy, and reimburse the City for any costs in addition to the payment of any established rent for use of City property. Sec. 3 Fees for Special Events Fees shall be charged for City services provided to Special Events as follows: a. Straight time shall be the hourly cost of any employee working on a Special Event during the normal work day" including the actual cost for fringe benefits. b. Overtime shall be the hourly cost for any employee working on a Special Event during a time period which would be considered overtime for the City payroll records, including costs for fringe benefits. All personnel costs for overtime during special events are subject to a 2 hour minimum. c. Purchased or Rental Materials shall include all direct costs for all materials purchased or rented by the City or Ferndale for use at the event. 19

20 d. Equipment charges shall be the current Equipment Rental Rates charged by the City of Ferndale as based on State of Michigan Standard Rates. e. An administrative fee of seven percent (7%) shall be added to the total billing. This administrative fee shall cover the City's expenses related to supervision, use to stock parts (i.e nuts, bolts, fluids, etc.) and costs related to payment of bills relating to the special event. f. An application fee will be assessed based on the hazard class of the event. This amount will be determined by the Special Event Committee. g. Permit fees are required by the Community Development and Fire Departments for many special event apparatus. These departments must be contacted directly to determine fees and permits required. h. Alcohol application fee will be assessed for events that propose to serve alcohol. Sec. 4 Billings for Special Events Special Events billings by the City shall be itemized as follows: Application and misc. fees Community Development fees Public Works employee straight time\overtime Fire employee straight time\overtime Police employee straight time\overtime Recreation employee straight time\overtime Other employee straight time\overtime Equipment charges Installation costs Purchased materials Rental materials Sub - total plus 7% administrative fee Plus rental fee if applicable Less amount of City support NET TOTAL BILLING A cash deposit, performance bond, or other security acceptable to the City, will be required in an amount to be determined by the Special Event Committee unless the cash deposit, performance bond or other security is reduced or waived by the City Council. The estimated City fees shall be listed as part of the City Council Resolution authorizing the Special Event. Arrangements for the deposit or other acceptable security are to be made by the special event organizers not less than 30 days before the start of the event. 20

21 Final expenses may vary depending on actual usage of equipment and staff during the event. The permit holder must pay the invoice (minus deposit) within 30 days of billing. Penalties and interest will be charged for late payments. Events placed in default status for non-payment will be ineligible to apply for future events until default is resolved. If an organizer prefers to have their deposit returned, rather than applying it to their outstanding invoice, the deposit will be held until all invoices, past and present, are paid. Any remaining amount will be returned to the applicant after review by the Council Finance Committee and paid on the same bi-weekly schedule as the rest of the bills and payrolls. Sec. 5 Use of City Parking Areas for Special Events Enforcement of handicap zones, theater parking zones and all fire lanes shall be enforced at all times. Any special requests regarding parking must be submitted in writing at the pre-event meeting with the Special Event Facilitator for consideration by the City Council. Unless otherwise approved, use of City-owned lots and parking areas shall be subject to fees for lost meter revenue. Event organizers are encouraged to locate alternate parking areas for their vendors and attendees. The City of Ferndale strongly encourages the use of shuttles for transport of vendors and attendees to and from the event site. Residential side streets should not be used for on-street parking by event staff or vendors. A parking task force should be utilized by organizers to direct attendees and others to pre-determined parking areas. Sec. 6 Rental Charge to be set for Privately Operated Events Special Events which are exclusively sponsored by private organizations shall be charged a rent for use of public areas such as parks or streets, in addition to the City events fees provided herein. The rent shall be set by the City administration in consultation with the applicant based on the overall economic impact of the privately sponsored special event and subject to the final approval of the City Council as part of the Special Event application approval. Sec. 7 Civic Organizations and Merchants Participation It is the desire of the City Council that local non-profit organizations and local merchants in the vicinity of the Special Event being held are given the opportunity to participate in the Special Event to the greatest extent practical, consistent with the nature and purpose of the Special Event. Event organizers must notify all residents and businesses within 300 of the proposed event area. Businesses should be notified at least 90 days prior to the event. A mailing list can be provided by the Ferndale DDA if the proposed event location is in the Central Business District. Ferndale merchants should be given the opportunity to participate in special events whenever possible. The business community should be considered in site plan creation, with care taken to not limit access to merchant establishments. Merchants are encouraged to utilize 5 in front of their business for on-street display during special events. 21

22 Organizers must provide an event hotline for attendee questions. The event hotline number and event web address, if applicable, must be provided to the DDA for office staff to direct callers to the hotline. The DDA is not responsible for the accuracy of information relating to events that they do not sponsor. Sec. 8 Special Event Signs The Special Event Application shall include a description of the advertising signs which are proposed to be used for the Special Event. The use of signs shall conform to the description contained in the application, or as modified by the City Council in its approval resolution. Except as expressly approved otherwise by the Council, special event signs erected prior to 72 hours before the Special Event shall be subject to the following restrictions: a. there shall be no more than five (5) such signs; b. no such sign shall be erected on any City property, such as poles of any kind or in the right-of-way (the area between the street and the sidewalk) or on any private property without the express permission of the owner, and d. all such signs shall comply with the provisions of the City sign ordinance. e. light pole banners must be scheduled through the DDA. Actual labor and equipment costs for installation will be added to final billing. f. no sign or banner shall be erected that crosses a road, street, or highway without approval. Any banners that cross a road must be installed by the Department of Public Works. Actual labor and equipment costs for installation will be added to final billing. Overhang banners may be erected 1 week prior to the event for publicity purposes. Banner dimensions may not exceed 3 X 40. There must be grommets on the top and bottom and the banner should have wind slits to allow for airflow. Installation of banners over a roadway must be scheduled with the DDA and installed by DPW personnel. Banners must be provided to the Department of Public Works at least 72 hours prior to the scheduled installation date. Additional signs may be erected at the site of the special event during the Event. Sec. 9 Liability Insurance Requirements In order to comply with the City's insurance liability carrier the City shall require that all sponsors of special events carry liability insurance with coverage of at least $1,000, except for Class 1-Low Hazard events approved by the Special Event Review Committee as provided below. A special event sponsor shall be required to provide a valid certificate of insurance naming the City of Ferndale as an additional insured five working days prior to the event. The Special Event Committee and City Council may require higher levels of insurance based on risk factors and past experience. The Special Event Review Committee shall include representatives from the Departments of Public Works, Police, Fire, Community Development and City Clerk, as well as the City Event Director and a resident member to be appointed by Council. The Special Event Committee shall also include a representative from the Recreation Department or DDA, depending upon the location of the event. In the case of both City parks and the DDA area being used for the same event, both parties shall attend the pre-event meeting. The Special Event Review Committee is 22

23 intended to provide a risk control guide for the handling of the increased liability associated with special events. Special events are defined as activities which are not directly related to the dayto-day operations of the City of Ferndale, but which may occur on premises owned or controlled by the City of Ferndale, excluding residential block parties and residential block sales covered by existing City policies for such events. The Special Event Committee may place additional requirements on any special event. These requirements may include specific staffing levels for Police, Fire, Paramedic, Public Works or other personnel. Expenses for these requirements will be billed to the sponsoring organization under the terms of this policy. The Special Event Review Committee will review each special event application received and assess the potential liability risk of the City of Ferndale, based on the following risk categories: Class I - Low Hazard involves no physical activity by participants and no severe exposure to spectators. Examples of events in this category include, but are not limited to, meetings, seminars, social gatherings, theatrical performances, and auctions. A waiver of the application fee and insurance requirement covers small gatherings or ceremonies that do not involve more than 50 people, are limited to passive participation by the public, and require no city services. All other special events are subject to an application fee and required to provide insurance as outlined in this policy. Class II - Moderate Hazard involves limited physical activity by participants and no severe exposure to spectators. Events in this category include, but are not limited to, dances, animal shows, political rallies, flea markets, picnics, and parades with no floats. Class III- High Hazard involves major participation by participants and/or moderate exposure to spectators. Events in this category include, but are not limited to, parades with floats, marathons or races and circus/carnivals. Class IV- Severe Hazard involves severe exposure to spectators and/or participants. Examples of events in this category include, but are not limited to, rock concerts, alcoholic-beverage sales, vehicle races, fireworks displays and ice-carving events. As a result of the review by the Special Event Committee, the City Council may place certain conditions on the special event. A member of the Committee shall be available to meet with event organizers to evaluate the special conditions and insure that all conditions are met before the special event begins. Some events may require that a member of the Special Event Committee or their agent be on site during the special event. The Police Chief, Fire Chief, City Manager or their designee have the authority to cancel or stop a special event if the special conditions required for approval or the special event are not being met. In addition, the Police Chief, Fire Chief or City Manager have the authority to cancel or stop a special event, or place additional emergency restrictions on a special event, if it is deemed that the public health, safety or welfare would be better served with additional emergency restrictions. Sec. 10 Traffic Control and Safety Requirements The Special Event Sponsor shall be responsible with all traffic control and safety procedures required by the City during the event. The requirements will be indicated in the notice of 23

24 approval, and additional requirements may be made by the City during the special event as may be necessary for the safety of the public. All special events which include participants soliciting funds in street intersections shall comply with the safety requirements and use of traffic cones as specified by the Police Chief. Site plan creation must allow for emergency vehicle access to the event area. Sec. 11 Participant Waiver of Liability and Standard License Agreement The Special Event Sponsor shall be responsible for obtaining all signed indemnification agreements as required by the City. A standard license agreement is required for any use of City property. The specific requirements for each special event will be indicated in the City's Written Confirmation of Approval. Sec. 12 Vendor Requirements Merchant Vendors must state that all merchandise offered for sale is properly licensed and that no copyright laws are being violated. Vendor remains responsible for all sales, use, employment and other taxes subject to their participation. A special event that is serving food must have all food vendors approved by the Oakland County Health Department. All food vendors must supply a valid certificate of insurance naming the City of Ferndale as an additional insured prior to opening of the food stand. Food Vendors must post a valid temporary Food License as authorized by the Oakland County Health Department or be licensed by the State of Michigan. Food Vendors shall be in compliance with all Oakland County Health Department regulations. Vendors must have proper water storage containers. Water may be provided at various locations with advance notice. All cooking operations must be approved by the Ferndale Fire Chief, Fire Marshal, and/or their designee, who has the authority to revoke any permit issued if it is found that there is a violation of the Fire Code. Food Vendors are responsible for any and all fees related to obtaining a food license. Vendors must recycle their plastic/glass/aluminum and other fibrous materials, such as cardboard. Recyclable materials must be bound or otherwise contained and deposited in the recycling containers or the appropriate large SOCRRA recycling bins. Sec. 13 Trash, Recycling and Sanitation Requirements It is of paramount importance to maintain a clean and sanitary environment during special events. Unclean facilities and trash containers detract from the event and leave attendees with an unfavorable impression of the City. There must be adequate restrooms provided. The number of restrooms shall be determined using the formula included in the application packet and be based on the number of attendees and length of the event. ADA compliance requires that at least 5% of restrooms must be handicap accessible. It is the responsibility of event organizers to insure that restroom facilities are routinely maintained by their service provider. Portable toilet facilities will not be cleaned or maintained by any City employee. Restrooms should be located where they are easy for attendees to locate and service providers to maintain. Signage should be provided at locations throughout the event site to direct attendees to facilities. 24

25 Event organizers are strongly encouraged to partner with green organizations to fulfill the recycling requirement in an effort to reduce the amount of trash being generated during events. The City of Ferndale considers itself to be a green city and encourages the effort to provide more recycling opportunities, especially at events where large crowds of people can be exposed to the benefits of recycling. The environmental impact of special events can be substantially reduced by offering recycling to event vendors and attendees. Recycling containers must be provided at the event site. Separate recycling containers must be provided for plastic/glass/aluminum and fibrous materials, such as cardboard. Recycling containers should be placed near other trash receptacles for ease of use. All vendors are required to separate recyclable materials from other refuse. Volunteers should be on hand to help separate recyclables from general trash. The event must provide recycling details as part of its site plan. The City recommends that events utilize all available services to make recycling containers available to their participants. Trash receptacles in the event area will be emptied and lined with a bag by the City prior to the event s start time. For larger events, there may be a mandated number of DPW personnel required to assist event staff with trash removal. Event organizers will be charged for this service in their final billing. Unless previous arrangements have been made, the City will not provide trash removal during an event. It is the responsibility of event organizers to empty all trash receptacles (including City owned trash receptacles) and replace bags during the event whenever they are full. Trash must be removed from the event site daily. For events lasting more than one day, the trash must be emptied prior to opening and after closing each day of the event. Filled and sealed trash bags must be placed next to garbage receptacles for final trash pick-up by the City. If the event utilizes City trash compactors a fee for using such equipment may be added to the final billing. Sec. 14 Compliance with City Ordinances and Resolutions The City Council routinely adopts Ordinances and Resolutions which impact the daily lives of Ferndale residents. Many are adopted to promote a cleaner environment and raise awareness. Event organizers should make an effort to familiarize themselves with these regulations. One such resolution that potentially has an impact on Special Events is Resolution promoting the use of tap water instead of bottled water for City functions. It was adopted to raise awareness of the environmental impact of bottled water, which includes the use of natural resources in the production of plastic water bottles. The City of Ferndale encourages event organizers to limit the sales of bottled water and promote alternate methods of providing free water to their participants. Sec. 15 Authorization to Inspect The Fire Chief, Fire Marshal, and/or their designee, reserves the right to perform on-site inspections during the event. Any vendor or merchant who does not comply with the Fire Code adopted by the City of Ferndale will receive a citation and can be immediately shut down and removed from the event. Additionally, the vendor may be subject to costs for the projected loss of sales to the event. 25

26 Sec. 16 Two or More Applications for the Same Special Event Date, Time and General Location In the event that two or more Special Event Applications are received for the same date, time and general locations prior to the approval of either event, the date and time that each application was received by the City of Ferndale shall determine the order of preference. Once a Special Event Permit has been granted, it shall be the policy of the City Council to not award further permits for the same date, time and general location unless the City Council is satisfied that City manpower requirements can be met for both special events; and that the general location of each special event will not interfere with one another in a substantial manner. Sec. 17 Reservation of Annual Event Dates If a special event is intended to be an annual event at regularly scheduled dates, the current year's application may include the following year's requested dates. Approval of the current year's application will include reservation of the next year's proposed dates; however, it will not constitute approval of next year's special event, which must have its own timely application submitted for City approval. In general, the City will not approve Special Event dates more than one year in advance. Sec. 18 Written Confirmation of City Approval Upon approval of the special event application, a written confirmation as to the action of the City Council will be forwarded to the individual or organization requesting the event by the City Clerk's Office. This confirmation will outline any special conditions that must be met if the special event is to be held. The City of Ferndale Special Event Application form must be completed for all special events that take place on public lands or lands that are controlled by the City of Ferndale. Dated: June 20, 1996 Revised: January

27 Page 1 of 2 1/6/2010 Sec Use of public property for special events. (a) Definitions: Special event means an event including, but not limited to, an athletic event, carnival, celebration, display, fair, festival, film or video production, gathering, parade, performance or show, but excluding not-for-profit community activities, and residential block parties and residential block sales covered by existing city policies for such events. A "not-for-profit community activity" means an activity that does not require payment for admission, participation, or for any goods or services, and involves the participation of less than 100 people, and occurs within a single day at a city park. Person means an individual, corporation, partnership, association and any other recognized legal entity. (b) Intent. The intent of this section is to regulate the use of public streets, rights-of-way, parks, and resources, in order that they may be reasonably accessed and enjoyed by the general public and not be usurped by commercial or special interest groups to the exclusion of the public, while preserving the health, safety and welfare of the public, remaining fully consistent with the Michigan Constitution, Michigan law, Ferndale City Charter, and ordinances, so as to assure the enjoyment of the public at large, all without undue financial costs to the city or its residents. (c) Approval required. In order to properly provide for traffic and crowd control, street and property maintenance, and the protection of the public health, safety and welfare, it shall be unlawful to participate in any special event upon any city street, park, or public area of the city unless such activity is granted approval by resolution of the city council. (d) Other permits. The permit for a special event shall be in addition to any other permit required by any other governmental agency, by state law or local ordinance. (e) Expiration of permit. A permit issued under the authority of this section shall expire not later than nine months from the date of approval and shall be nontransferable and nonassignable. (f) Exemptions. Special events conducted solely by the City of Ferndale, Oakland County, State of Michigan, federal government, Ferndale School District or the Hazel Park School District shall be exempt from the permit requirements of this section. (g) Application. The application for a permit to conduct a special event shall be made to the city clerk, in writing, by the person or persons in charge of or responsible therefor. Such application shall set forth the following information: (1) The name, address and telephone number of the person requesting the permit. (2) The name and address of the organization or group sponsoring the special event. A copy of the organization's articles of incorporation, partnership agreement, charter, or other organizing documents shall be attached to the application. (3) The name, address and telephone number of the person who will act as chairman of the special event and be responsible for the conduct thereof. (4) The purpose of the event and the estimated number of persons to attend. (5) The date the event is to be conducted and the hours it will commence and terminate each day. (6) The specific assembly and disbursal locations, and specific route plans to be used, if applicable. (7) Such other information as the city may deem reasonably necessary. 27

28 Page 2 of 2 1/6/2010 (8) A certification that the statements in the application are true, accurate and complete. (h) Time lapse for application. No approval shall be issued for a special event unless application is made not less than 60 days in advance of the date on which such special event is sought to be held. However, for any special event for which there is anticipated participation of 500 or more people which involves the use of any public right-of-way the application must be submitted 120 days in advance of the date on which the special event is sought to be held. In special instances, applications may be accepted with less notice, but these applications must be approved by the special events committee and the city council. (i) Considerations for issuance or denial. If the city council finds that the special event is not to be held for any unlawful purpose and will not in any manner act so as to breach the public peace or unnecessarily interfere with the public use of the streets, sidewalks, parks and public areas, it shall grant the approval. Denial of approval shall be in writing, setting the reasons for such denial. (j) Restrictions. The permit evidencing approval under this section may include certain reasonable time, place, and manner restrictions as a condition to granting such permit if such restrictions are reasonable and necessary for the protection of the public health, safety and welfare. (k) Payment of costs. The city council shall adopt a policy which sets forth whether or not the special event must pay for city services and to what extent such city services must be paid by the person or entity responsible for the special event. Such policy shall have the full force and effect of this section, and any violation of the policy shall be deemed to be a violation of this section. (l) Penalty for violation: (1) A violation of this section or a violation of the conditions imposed in any permit granted by authority of this section shall be a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $ and not less than $100.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (2) Any violation of or failure to comply with this section is hereby declared to be a nuisance per se and may be abated by any and all available means, including, without limitation, equitable relief by any court of competent jurisdiction. Any person violating this section shall pay the cost and expenses, including reasonable attorney fees, incurred by the city abating the nuisance. (Ord. No. 872, 1, ; Ord. No. 903, Pt. I, ) Sec Unlawful interference in a special event. (a) It shall be unlawful for any person to intentionally interfere with, impede, enter into, disrupt or to attempt to interfere with, to attempt to impede, to attempt to enter into or to attempt to disrupt any special event as defined in section for purposes other than that for which the special event permit was issued without expressed permission of the permittee granted approval pursuant to section 16-12(c) or of an organization exempt pursuant to section 16-12(f). (b) A violation of this section is a misdemeanor as described in section 16-12(l)(1). (Ord. No. 898, Pt. I, ) Secs Reserved. 28

29 Special Event Checklist Event: Event Date: Department Item # Requested Estimated Cost Public Works Personnel DPW 1 3, PW Leader(straight time) Personnel DPW 1 3, PW Leader (overtime) Personnel Supervisor (straight time) Personnel Supervisor (overtime) Equipment Rental Trash Containers Recycling Bins Trash Removal Trash Compactor Replacement Barricades Parking Meter Bags Vehicles Overhang Banner Installation Misc Police Community Development Recreation Fire City Clerk DDA Subtotal Administration Personnel Patrol (straight time) Personnel Patrol (overtime) Personnel Command (straight time) Personnel Command (overtime) Auxiliary Officers Vehicles Misc Sign Permit Banner Permit Tent Permit Inflatable Permit Misc Personnel Park Rental Equipment Rental Misc Personnel Firefighter/Paramedic (straight time) Personnel Firefighter/Paramedic (overtime) Operational Permits Misc Non-refundable Application Fee Liability Insurance Certificate Signed Indemnification Agreement License Agreement (if using City property) On-site Contact List Temporary Liquor Permit Misc Landscape Repair Light Pole Banner Installation Misc Services and Fees Administrative Fee of 7% of total billing Total Estimate Applicant Printed Name and Title City of Ferndale Representative Printed Name and Title Applicant Signature Date City of Ferndale Signature 29Date

30 Date: To: Property/Business Owner Address The City of Ferndale requires that we receive approval from the City Council to hold the following special event. The City further requires that we notify any residents or businesses within 300 of the event site. The City Council will consider our request on the date listed below. Resident and merchant comments will be taken into consideration prior to approval at this meeting. Contact information is provided below for questions you have regarding our event. Name of Event: Location: Proposed Street Closures: Date/Times: Date of City Council Meeting: The Council Meeting begins at 7:30 p.m. in the Council Chambers at City Hall, 300 East Nine Mile Road in Ferndale. A copy of the special event application is available for review at the City Clerk s Office (248) Event Organizer: Address: Phone: address: Organization Website: If street closures are necessary, a map must be included with the letter to the affected residents/business owners. 30

31 LICENSE AGREEMENT THIS LICENSE AGREEMENT ( Agreement ) is entered into as of,, by the City of Ferndale ( City ), a Michigan Municipal Corporation, whose address is 300 East Nine Mile Road, Ferndale, Michigan and ( Licensee ) whose address is. Licensee would like to utilize certain real property owned by City for the purpose of ; and City is willing to allow Licensee to utilize certain City property for the purpose identified above; NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants set forth below, the parties agree as follows: 1. Grant of License. Subject to, and conditioned upon, Licensee s continued fulfillment of the terms and conditions set forth in this Agreement, City grants Licensee a personal, non-exclusive, revocable license allowing Licensee to utilize City s property identified below. 2. Description of Land. This license is being voluntarily provided by City to Licensee and this license gives Licensee no rights which may be considered adverse. The City property subject to this license is described as: ( Subject Property ) as further described in the attached drawing which is made a part of this Agreement and identified as Exhibit A. 3. Termination. This Agreement shall commence on the date that this Agreement has been fully executed by the both parties and shall remain in effect until or until such time that either party terminates the Agreement with notice to the other party. Licensee agrees that the City has an absolute right to terminate this License Agreement without notice if Licensee commits a violation of Michigan law or local ordinance within the City of Ferndale city limits or the terms of this license. Any other termination of this Agreement by the City shall require seven (7) days written notice to the Licensee. 4. License Fee. Licensee shall pay to City a license fee in an amount of $. 5. City s Rights and Other Encumbrances. This Agreement is subject to the City s right to utilize the Subject Property and to undertake any repair or other improvements to the Subject Property. This Agreement is also subject to all now existing easements, restrictions and encumbrances affecting the Subject Property. 31

32 6. Purposes of Permitted License Use. This Agreement is being granted to Licensee for the sole and exclusive purposes of allowing Licensee to use the Subject Property for the purpose set forth above. Licensee acknowledges that this Agreement is intended as a license to use public property regulated and controlled by the City of Ferndale and Licensee shall comply with all City of Ferndale ordinances and regulations. 7. Maintenance. Licensee shall be responsible for the construction, upkeep, repair and maintenance of the Subject Property for the term of this Agreement. 8. Risk of Damage. Licensee may use the Subject Property at its sole risk. The City shall not be liable to Licensee for any damage whatsoever in the event that Licensee s use of the Subject Property is impaired or terminated. Further, Licensee shall, to the fullest extent permitted by law, agree to defend, pay on behalf of, and hold harmless the City of Ferndale, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Ferndale against any and all claims, demands, suits, losses, including all costs and reasonable attorney fees, for any damages which may be asserted, claimed or recovered against or from the City of Ferndale which arise out of or are in any way connected or associated with this Agreement. 9. Insurance. Licensee shall maintain a general liability insurance policy that is satisfactory to the City in form and substance. The policy must cover liability assumed in this Agreement for not less than $1,000,000 per occurrence for personal injury and property damaged combined. The policy must remain in effect for the full term of this license. Prior to any utilization or encroachment onto the Subject Property, certificates of insurance required by this Agreement must be provided to the City Clerk. The certificates shall evidence the City as an additional insured. Coverage shall be primary to any coverage that may be available to the additional insured, whether any other coverage be primary, contributing or excess. Certificates must state that the City will have at least thirty (30) days prior written notice to the City of cancellation or material change to this insurance. 10. Duration. This Agreement shall be revocable by the City, at any time, in its sole discretion. The City, if reasonably possible, shall provide Licensee seven (7) days written notice of its intent to revoke this Agreement. Upon revocation of this Agreement, Licensee shall remove all encroachments, at its cost, from the Subject Property and shall restore the Subject Property to its prior condition. 11. Compliance with Law. Licensee shall comply with all local, state and federal laws and regulations in the performance of this Agreement. 12. Assignment. Licensee may not assign or transfer this license, or sublicense any part of the Subject Property without the City s prior written consent. 32

33 13. Notices. Any notice which either party may be required to give shall be delivered by First Class Mail, postage prepaid, and addressed to: If to City: City of Ferndale If to Licensee: Office of the Clerk 300 East Nine Mile Road Ferndale, Michigan Headings. Topical headings appearing in this Agreement are for convenience only. They do not define, limit or construe the contents of any paragraphs or clauses. 15. Amendment. This Agreement may be modified or amended only by written agreement signed by both parties. 16. Law. The laws of the State of Michigan will control in the construction and enforcement of this Agreement. 17. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supercedes any prior understanding and agreement that may have existed between the parties. 18. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which when so executed shall be deemed an original, and such counterparts when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date and year first above written. CITY OF FERNDALE By: By: Date: LICENSEE By: Address: Telephone No. Date:, Mayor, Clerk 3 33

34 PRODUCER CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED COVERAGES GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC INSURERS AFFORDING COVERAGE INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR INSRD TYPE OF INSURANCE POLICY NUMBER AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ $ $ NAIC # PROPERTY DAMAGE (Per accident) $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below OTHER GARAGE LIABILITY ANY AUTO EXCESS / UMBRELLA LIABILITY OCCUR DEDUCTIBLE CLAIMS MADE AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC AGG EACH OCCURRENCE $ AGGREGATE $ WC STATU- TORY LIMITS E.L. EACH ACCIDENT OTH- ER E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 34 ACORDs provided by Forms Boss. (c) Impressive Publishing

35 DOWNTOWNFERNDALE PUBLI C-METEREDPARKI NG LOTS Par ki ngmet errat es: $0. 50perhour Hour sofenf or cement : 10a. m.-10p. m. Monday-Sat ur day Par ki nglot s: 1.E.Br eckenr i dge 2.Lux 3.43r ddi st r i ctcour t 4.Li br ar y 5.Ci t yhal l 6.Pol i ce 7.Fal vey 8.W.Tr oy 9.Schnel l Car ah 10.W.Tr oy( bi g) 11.Pl anavon 12.Wi t hi ngt on 13.Per r y 14.W.Br eck enr i dge 35

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