RPVCCA_CC_SR_2014_06_03_G_Management_of_Rentals_at_Founders_ParkCrTYOF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CORY LINDER, DIRECTOR, RECREATION & PARKS
DATE: JUNE 3, 2014
SUBJECT: MANAGEMENT OF RENTALS AT FOUNDERS PARK
REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE~
Staff Coordinator: Cory Linder, Director, Recreation & Parks'®
Marcella Lemke, Staff Assistant I
RECOMMENDATION
Approve the attached 12-month agreement with VH Properties (Trump National Golf
Club) for management services of Founders Park rentals.
BACKGROUND
City staff has managed rentals at Founders Park since 2006. The City entered into the
current 18-month agreement with Trump National in April 2012. The rental fees under
the 2012 agreement are $1,586 per event for residents and $1,916 for non-residents,
with Trump National receiving $833 for each rental, and the City receiving $753
(resident) and $1,083 (non-resident).
Currently, small stand-up ceremonies for up to 15 people, without chairs or props, are
managed by City staff without any involvement of the Trump National Event Planning
staff. For larger events, Trump National currently provides up to 100 chairs per event
and a golf cart with driver for one hour per event, security and minimal clean up. Unless
the renting party has also booked a reception at the Trump National Golf Club, guests
park in the public parking lot where there are approximately 40 parking spaces
(including three handicapped spaces) and/or on Trump National Drive where parallel
parking is available.
The current agreement expires on September 17, 2014, and the City and Trump
National have entered into contract renewal discussions.
DISCUSSION
Staff is proposing renewal of the management agreement with Trump National, with
some changes because the park has become very popular and is extensively used by
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Management of Rentals at Founders Park
June 3, 2014
Page2
the public, especially on weekends, and adequate parking has not been available for
wedding ceremony guests. Additionally, guests going into Founders Park from the
public lot (or from street parking) must cross an intersection where golf carts pass in
both directions. The modified proposal addresses these concerns by having Trump
National staff manage large ceremonies, while City staff would continue to coordinate
small stand-up ceremonies. Trump staff would provide valet parking for guests and
continual golf cart transportation between their parking lot and the ceremony site. This
change would help relieve pressure of the parking facilities and minimize conflicts
between pedestrians and golf cart traffic.
Under this proposed agreement, which is similar to the original agreement entered into
in 2006, Trump National event planning staff would coordinate Founders Park
ceremonies in conjunction with receptions booked at Trump National. The modified
proposal has the benefit of making Founders Park available for rentals, reducing the
quantity of staff time spent coordinating ceremonies, and providing the City a
reasonable compensation for use of the park. Trump National staff would coordinate
rental dates with City staff to avoid any conflicts.
The rental rates for the small stand-up ceremonies would remain the same ($300.00 for
a one hour event, plus a $175.000 refundable security deposit) and will be managed by
the City. For ceremonies with 16 to 50 people, Trump National would manage the
reservation, charge a fee (at their discretion) and pay the City a flat rate of $475.00 per
event; and lastly, for ceremonies with 51 to a maximum of 100 people, Trump National
would manage the reservation, charge a fee (at their discretion) and pay the City a flat
rate of $750.00 per event.
Breakdown of Proposed City Revenues Per Ceremony
Stand Up Ceremony Medium Ceremony Larger Ceremony
(0 to 15 people) (16 to 50 people) (51 people +)
$300.00 $475.00 $750.00
City Manages Event Trump Manages Trump Manages
and charges patron Event and charges Event and charges
directly. No Trump their fees and pays their fees and pays
involvement. above to City. above to City.
FISCAL IMPACT
The proposed fees for three hour events for up to 100 guests, with coordination, chairs
and golf cart provided by Trump National, would include a $750.00 payment to the City
for use of the park grounds. There is no significant fiscal impact in this new agreement.
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Management of Rentals at Founders Park
June 3, 2014
Page 3
Attachments: Proposed contract with Trump National Golf Club
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CITY OF RANCHO PALOS VERDES
AGREEMENT FOR:
Management of Rentals at Founders Park
THIS AGREEMENT ("Agreement") is made and entered this 3rd day of June, 2014, by and
between the CITY OF RANCHO PALOS VERDES (hereinafter referred to as "City"), and
VH PROPERTY CORP. (hereinafter referred to as "Contractor") with respect to the
following facts and circumstances: the purpose of this Agreement is to memorialize the
procedures and policies pertaining to the cooperative agreement between City and
Contractor to manage events that are held at Founders Park.
1. Scope of Services. Contractor shall assist City with the management of rentals at
Founders Park. The responsibilities of Contractor and City are set forth Exhibit "A" hereto,
which is incorporated herein by this reference.
2. Term. The Agreement shall commence on September 18th, 2014, provided the
Certificates of Insurance are current on that date, and shall end on September 17, 2015,
unless sooner terminated pursuant to Section 8 of this Agreement.
3. Compensation. Contractor shall remit payment to City for use of Founders Park for
wedding ceremonies in conjunction with receptions held at Trump National, pursuant to the
terms of Exhibit "A". At its discretion, Contractor may manage rentals at Founders Park
even if the reception has not been booked to occur at Trump National. The fees paid to the
City for such use shall be the same as those booked in conjunction with receptions.
4. Independent Contractor. Contractor is and shall at all times remain, as to the City, a
wholly independent contractor. Neither the City nor any of its agents shall have control over
the conduct of Contractor or any of the Contractor's employees, except as herein set forth,
and Contractor is free to dispose of all portions of its time and activities which it is not
obligated to devote to the City in such a manner and to such persons, firms, or corporations
as the Contractor wishes except as expressly provided in this Agreement. Contractor shall
have no power to incur any debt, obligation, or liability on behalf of the City or otherwise act
on behalf of the City as an agent. Contractor shall not, at any time or in any manner,
represent that it or any of its agents, servants or employees, are in any manner agents,
servants or employees of City. Contractor agrees to pay all required taxes on amounts paid
to Contractor under this Agreement, and to indemnify and hold the City harmless from any
and all taxes, assessments, penalties, and interest asserted against the City by reason of
the independent contractor relationship created by this Agreement. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees.
Contractor further agrees to indemnify and hold the City harmless from any failure of
Contractor to comply with applicable workers' compensation laws. The City shall have the
right to offset against the amount of any fees due to Contractor under this Agreement any
amount due to the City from Contractor as a result of its failure to promptly pay to the City
any reimbursement or indemnification arising under this Article.
5. Assignment. This agreement may not be assigned by Contractor, in whole or in part,
without the prior written consent of City. Any such purported assignment without City's
written consent shall be null and void, and Contractor shall hold harmless, defend and
indemnify the City and its officers, officials, employees, agents and representativ.es with
respect to any claim, demand or action arising from any unauthorized assignment.
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6. Responsible Principal. For purposes of this Agreement, Contractor's responsible principal
shall be Lili Amini, General Manager, Trump National. The Responsible Principal set forth
herein shall be principally responsible for Contractor's obligations under this Agreement and
shall serve as the principal liaison between City and Contractor. Designation of another
Responsible Principal by Contractor shall not be made without the prior written consent of
City.
7. Personnel. Contractor represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All personnel engaged in
the work shall be qualified to perform such services.
8. Termination. This Agreement may be canceled by the City or Contractor at any time with
or without cause and without penalty upon ninety (90) days' prior written notice to the other
party.
9. Labor Law Compliance. Contractor agrees to comply with all California labor law
requirements applicable to this Agreement.
10. Insurance Requirements. The Contractor shall at all time during the term of this
Agreement carry, maintain, and keep in full force and effect, with an insurance company
admitted or authorized to do business in the State of California with a minimum rating of A:
VII in the latest edition of Best's Insurance Guide: (1) a policy or policies of broad-form
comprehensive general liability insurance with minimum limits of $1,000,000 combined
single limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by the Contractor, its officers, employees, agents, and independent
contractors in performance of services under this Agreement; (2) automotive' liability
insurance with a minimum combined single limit coverage of $1,000,000; and (3) worker's
compensation insurance with a minimum limit of $1,000,000 or the amount required by law,
whichever is greater. The City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability policy.
a. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through addition of additional
insured to the policy) by the insurance carrier without the insurance carrier giving the City
thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce
or otherwise modify said insurance coverage.
b. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,
the City may take out the necessary insurance and pay the premium thereon, and the
repayment thereof shall be deemed an obligation of the Contractor.
c. Contractor shall submit to the City (1) insurance certificates indicating compliance with
the insurance requirements set forth above, and (2) insurance policy endorsements, not
less than one (1) day prior to beginning of performance under this Agreement.
Endorsements must be executed on the City's appropriate standard form entitled "Additional
Insured Endorsement," which is attached hereto as an exhibit and is incorporated herein by
this reference.
d. Contractor shall require any sub-contractors that perform services pursuant to this
Agreement to maintain insurance coverage that meets all of the requirements of this
Agreement.
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e. The insurance provided by Contractor shall be primary to any coverage available to
City. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation.
11. Indemnification. Each party (the "Indemnifying Party") shall defend, indemnify and hold
harmless the other party and its respective officials, officers, employees, agents and
volunteers (the "Indemnified Party") free and harmless from all tort liability, including liability
for actions, controversies, demands, suits, proceedings, claims, causes of action, liabilities,
losses, costs, interest, penalties, demands, expenses and damages of any kind, whether
actual, alleged or threatened (including actual attorneys' fees, experts' fees and court costs
incurred) to the extent arising out of or in any way connected with the negligent acts or
omissions or willful misconduct of the Indemnifying Party or its respective officials, officers,
employees, agents and volunteers in the performance of this Agreement. This includes but
is not limited to claims, suits and liabilities for bodily injury, death or property damage to any
individual or entity, including those brought forth by officials, officers, employees, agents or
volunteer& of the Indemnifying Party. The provisions of this paragraph shall not apply to
claims to the extent arising out of the sole negligence or willful misconduct of the
Indemnified Party. All duties under this Section shall survive termination of this Agreement.
12. Suit: Attorneys' Fees.
a. Should either party to this Agreement bring legal action against the other, the validity,
interpretation, and performance of this Agreement shall be controlled by and construed
under the laws of the State of California, excluding California's choice of law rules. Venue
for any such action relating to this Agreement shall be in the Los Angeles County Superior
Court.
b. If any legal action or other proceeding, including action for declaratory relief, is brought
for the enforcement of this Agreement or because of an alleged dispute, breach, default or
misrepresentation in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other
relief to which the party may be entitled.
13. Entire Agreement. This Agreement represents the entire integrated agreement between
City and Contractor, and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by a written instrument signed
by both City and Contractor. This Agreement shall be construed without regard to the
identity of the persons who drafted its various provisions. Each and every provision of this
Agreement shall be construed as though each of the parties participated equally in the
drafting of same, and any rule of construction that a document is to be construed against
the drafting party shall not be applicable to this Agreement.
14. Severability. Invalidation of any provision contained herein or the application thereof to
any person or entity by judgment or court order shall in no way affect any of the other
covenants, conditions, restrictions, or provisions hereof, or the application thereof to any
other person or entity, and the same shall remain in full force and effect.
15. Notice. Except as otherwise required by law, any notice, request, direction, demand,
consent, waiver, approval or other communication required or permitted to be given
hereunder shall not be effective unless it is given in writing and shall be delivered (a) in
person or (b) by certified mail, postage prepaid, and addressed to the parties at the
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addresses stated below, or at such other address as either party may hereafter notify the
other in writing as aforementioned:
To CITY:
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: City Manager
To CONSULTANT:
VH Property Corp.
1 Trump National Drive
Rancho Palos Verdes, CA. 90275
Attn: Lili Amini, General Manager
A party may change its address by giving written notice to the other party. Thereafter, any
notice or other communication shall be addressed and transmitted to the new address. If
sent by mail, any notice, tender, demand, delivery or other communication shall be deemed
effective three (3) business days after it has been deposited in the United States mail. For
purposes of communicating these time frames, weekends and federal, state, religious,
County of Los Angeles or CITY holidays shall be excluded. No communication via facsimile
or electronic mail shall be effective to give any such notice or other communication
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day
and year first above written.
CITY OF RANCHO PALOS VERDES ("City")
By: _______ _
Jerry V. Duhovic, Mayor
ATTEST:
By: _______ _
Carla Morreale, City Clerk
VH PROPERTY ("Contractor")
By: _______ _
Print:-----------
Title:
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By: ____ ~~-~-
Print: -----------
Title: -----------
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CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY-IT IS NOT TO BE SIGNED OR USED IN
CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST
BE TURNED INTO THE CITY OF RANCHO PALOS VERDES -IT IS SIMPLY A
FORMAT TO USE WHEN FILLING OUT DOCUMENTS.
1. By an Individual. The individual must sign the instrument, and if he/she is doing business
under a fictitious name, the fictitious name must be set forth. The signature must be
acknowledged before a Notary Public using the proper form of acknowledgment.
2. By a Partnership. The name of the partnership must be set forth followed by the
signatures of less than all of the partners will be acceptable only if submitted with evidence
of authority to act on behalf of the partnership. The signatures must be acknowledged
before a Notary Public using the proper form of acknowledgment.
3. By a Corporation. The name of the corporation must be set forth, followed by the
signatures of the President or Vice President and Secretary or Assistant Secretary.
The signatures must be acknowledged before a Notary Public using in substance the
following form of acknowledgment.
4. By a Surety. The name of the surety must be set forth, followed by an authorized
signature. The signatures must be acknowledged before a Notary Public. using the proper
form of acknowledgment.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
) SS.
)
On , 20_, before me, the undersigned,
appeared known to me to be the of the corporation
that executed the within instrument, and acknowledged to me that such corporation
executed the within instrument pursuant to its by-laws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
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EXHIBIT A
City of Rancho Palos Verdes and Trump National (VH Property Corp)
Management of Rentals at Founders Park
• Rental Procedure
• Contact Information
• Fees and Pricing
Rental Procedure
City Responsibilities:
1. City recreation staff shall be the initial point of contact for all inquiries about the rental of
Founders Park. Rental parties with more than 15 guests, who are planning on holding their
reception at the Trump National Golf Club and wish to have the ceremony in Founders Park, will
be referred to Trump National event planning staff. City staff will continue to coordinate small
stand up ceremonies in the park, and will continue to advise Trump National event planning staff
before booking such events in order to avoid conflicts. Trump National event planning staff will
inform City staff when a larger ceremony is planned.
2. For small stand-up ceremonies, the customer may make an appointment with City staff for a
site visit and discuss the logistics of the event prior to completing and signing an Outdoor
Facility Use Application. A deposit will be required to reserve the date for rental of the park
facility. (It is highly recommended that a site visit be conducted prior to the event for purposes of
reviewing City and Trump National policies regarding use of facilities.)
3. City staff shall be responsible for conducting any tours of park grounds prior to the event and
being on-site during the event to ensure that the customer is adhering to all rules, regulations
and policies as specified in rental agreement and/or determined during the site visit.
4. City staff shall review the various service fees and facility use fees with the potential "small
stand-up ceremony" customer including a fee for photography outside the boundaries of
Founders Park itself; i.e. $350. 00 per hour fee for Photography on Trump National property
(excludes golf course and waterfall photography and shall obtain a signature acknowledging the
customer's understanding of such fees prior to the event).
Trump National Responsibilities:
1. Trump National event planning staff shall coordinate ceremonies which are in conjunction
with receptions at the Trump National Golf Club and will advise City staff when such ceremonies
are booked in order to avoid conflicts.
2. Trump National shall provide services for event coordination, chairs, golf cart for
one hour, and clean-up for larger ceremonies when booked in conjunction with a reception at
Trump National Golf Club, or at their discretion if reception booked elsewhere, as identified
below.
3. During small standup ceremonies, Trump National staff shall notify on-site City staff should
unauthorized use of Trump National facilities occur.
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Contact Information
Trump National Golf Club Contact:
Small Events Manager
Trump National Golf Club Los Angeles
Direct: 310-303-3200
Fax: 310-303-3294
ctobin@TrumpNational.com
City of Rancho Palos Verdes Contact:
Marcella Lemke
City of Rancho Palos Verdes
Direct: 310-544-5260
Fax: 310-544-5294
MarcellaL@rpv.com
Mandatory Costs:
Ceremonies
0-15 people 16-50 people
(stand-up)
City of RPV Pricing:
City facility permits $300 $475
Trump National Pricing Payable to City:
Due to City $0.00 $475
51+ people
$750
$750
The City will receive $475.00 per event (16 to 50 people) from VH Property and $750.00 per
event (50+ people) from VH Property, and will be sent checks on a quarterly basis.
In addition to the ceremonies outlined above, City Recreation & Parks staff will offer the option
for small stand-up ceremonies (for up to 15 people) for one hour without involving Trump
National Event Planning staff in the process. The fee for this one hour stand-up ceremony will
be $300.00 payable to the City, with an additional $175.00 refundable security deposit. The use
of chairs, props such as large arches, etc. will not be allowed during the small stand-up
ceremonies. City staff will continue to provide a portable PA system with a wireless microphone
for the ceremony.
If a stand-up ceremony has reserved a Trump National reception room, VH Property may
handle the reservation and then remit a $475 fee to the City.
City acknowledges and agrees that VH Property may charge fees, amounts which may be set at
its sole discretion, for all ceremonies except those small stand-up ceremonies for 15 people or
less. City has no right or entitlement to any additional payments from VH Property except those
identified above.
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