RPVCCA_CC_SR_2012_09_18_L_Founders_Park_Rental_Mgmt_Agmt_With_Trump_Nat_Golf_CourseMEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CAROLYNN PETRU,DEPUTY CITY MANAGER AND INTERI~
DIRECTOR OF RECREATION &PARKS
SEPTEMBER 18,2012
AGREEMENT WITH TRUMP NATIONAL GOLF CLUB
REGARDING MANAGEMENT OF RENTALS AT FOUNDERS
PARK
CAROLYN LEHR,CITY MANAGER oY-.
Staff Coordinators:Holly Starr,Recreation Services Manager
Marcella Lemke,Staff Assistant I
RECOMMENDATION
1)Approve an 18-month Agreement with VH Properties Corp (Trump National Golf
Club)for support services for rentals at Founders Park commencing on March 18,
2013;and,2)Direct staff to return with an amendment to the City's Fee Schedule to
establish a new fee for small stand-up marriage ceremonies at Founders Park.
BACKGROUND
In April 2011,Council entered into an 18-month Agreement with Trump National,by
which City staff would manage rentals at Founders Park.The most typical rentals are
"sit down"wedding ceremonies of 100 or fewer people.The rental fees established
were $1,586 (residents)and $1,916 (non-residents)with Trump National receiving $833
for each rental,and the City receiving $753 and $1,083,respectively.This agreement
expires on March 17,2013.Because staff is already receiving requests for rental
reservations beyond this date,the City and Trump National entered into discussions
regarding renewal of the Agreement.
DISCUSSION
City staff is proposing to renew the present Agreement with Trump National for another
18-month period.City staff and Trump National staff would continue to share various
aspects of the management of park rentals,with the City providing planning and
logistical support for rentals and Trump National providing access to Trump National
facilities and coordination with City staff in advance and the day of the park rental.City
staff would be the point of contact for renters,process rental applications,and clearly
communicate rules for rentals of the park.Trump National staff would coordinate rental
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Management of Rentals at Founders Park
September 18,2012
Page 2
dates with City staff and provide up to 100 chairs per event,a golf cart with a driver for
one hour,security,and clean up services.The rental rates would remain the same as
the current agreement at $1,586 for residents and $1,916 for non-residents.Both rates
are subject to the renter providing event insurance (currently around $86)and a $300
refundable security deposit.Enhanced services would be available from Trump
National for additional costs (as detailed in Exhibit "A"to the Agreement).Trump
National staff has proposed a continuation of a reciprocal indemnification,which was
drafted by the City Attorney,and is included within the attached Agreement.This
arrangement has the benefit of continuing to make Founders Park available for rentals,
and allowing the City to keep rental rates comparable to the Point Vicente Interpretive
Center (PVIC)rates and similar public facility rates.
Breakdown of Proposed Fee Schedule (Three Hour Events)
Resident Non-resident
Trump Caterinq Staff $250 $250
Trump Security ,Chairs,Golf Cart $558 $558
Trump Clean Up Fee $25 $25
RPV Staff Supervision $333 $333
City Facility Permit $420 $750
TOTAL EVENT PRICING $1,586 $1,916
In addition,due to the number of requests the City receives,staff is proposing that
small "stand-up"marriage ceremonies be allowed at Founders Park for groups of up to
15 people for one hour,without any involvement of Trump National's event planning
staff.The fee proposed for this one-hour event,with one staff person present is $216
with an additional $175 refundable security deposit and event insurance,which
currently runs about $86.00.Rules for stand-up weddings would be similar to those in
effect for the three hour events,Le.:no photography on Trump private property,shall
not include use of Trump National's indoor facilities with the exception of the public
restroom,and guest parking shall be in the public parking lot to the east of the
clubhouse.In addition,bringing in chairs,props,etc.would be prohibited.This would
meet the demand of residents and non-residents alike for a location to have a brief cliff
side ceremony for small groups at a more reasonable price.
Breakdown of Proposed Fee Schedule (One Hour Events)
Resident/Non Resident
RPV Staff Supervision $76.00
City Facility Permit 140.00
TOTAL EVENT PRICING $216.00
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Management of Rentals at Founders Park
September 18,2012
Page 3
FISCAL IMPACT
The proposed fees for the rentals cover the staff time for coordination and management
of rental events at Founders Park,as well as contribute to operational costs of park
facilities.Therefore,amending the existing Agreement with Trump National Golf Club
will be cost neutral to the City's General Fund.
Attachments:
Proposed Agreement with Trump National Golf Club
Exhibit "A"
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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,,2012
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 March 18,2013,provided the Certificates of
Insurance are current on that date,and end on September 17,2014,unless sooner
terminated pursuant to Section 8 of this Agreement.
3.Compensation.City shall remit payment to Contractor for services provided in
connection with the rental of Founders Park,pursuant to the terms of Exhibit "A."
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 at 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,
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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 representatives with
respect to any claim,demand or action arising from any unauthorized assignment.
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
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 ,000,000.00 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 ,000,000.00;and (3)worker's compensation insurance with a minimum
limit of $1 ,000,000.00 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.
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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 Exhibit "8"
and 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.
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 volunteers 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
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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 con.strued
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
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:Carolyn Lehr
City Manager
To CONSULTANT:
VH Property Corp.
Address:1 Ocean Trails Drive
Address:Rancho Palos Verdes,CA.90275
Attn:Lili Amini,
General Manager,Trump National
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.
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IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the
day and year first above written.
CITY OF RANCHO PALOS VERDES ("City")
Anthony Misetich,Mayor
ATTEST:
By:__...:....-_
Carla Morreale,City Clerk
VH PROPERTY ("Contractor")
By:_
Print:_
Title:_
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
ackr.lowledgment.
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.Bya 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)
6
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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.Staff will contact Trump National staff to check
availability of dates and provide list to potential customer.
2.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 and credit card 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 and services.
3.City staff shall be responsible for conducting any tours of park grounds prior to
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 ($800-
photography;$600-locker room;$100/hr-additional golf cart usage;etc.)with the
customer and acquire a signature acknowledging the customer's understanding
of such fees,along with credit card information as described above,prior to the
event.
Trump National Responsibilities:
1.Trump National staff shall refer all rental inquiries for Founders Park to
designated City staff and work cooperatively in the coordination of scheduled
events.
2.Trump National shall provide services for event coordination,chairs,golf cart for
one hour,security and clean-up as identified below.
3.Trump National shall manage facility use fees directly with customer if optional
services are requested in advance.Trump National staff shall also notify on-site
staff when unauthorized use of Trump National facilities is occurring.
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Contact Information
Trump National Golf Club Contact:
Director of Sales &Catering
Trump National Golf Club
Direct:310-303-3222
Fax:310-265-5522
mdean@TrumpNational.com
City of Rancho Palos Verdes Contact:
Holly Starr
Recreation Services Manager
City of Rancho Palos Verdes
Direct:310-544-5264
Fax:310-544-5294
HollyS@rpv.com
Fees and Pricing
3 HOUR BLOCK OF TIME WITH CHAIRS -UP TO 100 PEOPLE
Mandatory Costs:
Residents Non-residents
City of RPV Pricing:
Stafftime*$81 $81
(Event coordination)
Staff time**$252 $252
(Event staffing)
City facility permits $420 $750
Total City Pricing:$753 $1,083
Trump National Pricing:
Catering staff time $250 $250
(Coordination w/City)
Security guard,chairs (up to 100),
Golf Cart for one hour $558 $558
Clean up $25 $25
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Total Trump National Pricing:$833 $833
.:..TO=-T.:.:.A..:.::L::..:E~V:..::E=.::.N:..:.T...:.P...:.R.:.:.;IC::;.::I.:..:.N.;::;G.:...:_.---;$.lO..1.:.3.,.::;,;:58:..::6~$1 ,916
Optional Services provided by Trump National***:
Resident Non-resident
Photography $800 $800
Locker Room Facilities $600 $600
Golf Cart &Driver (additional)$100/hr $100/hr
Audio Technician $518 $518
Refundable deposit:$300
*Includes customer assistance;scheduling with Trump National staff;additional follow
up,and scheduling with customer.Also includes customer site tour of Founders Park,
processing of application,review of facility use requirements,processing of fee
including collecting/remitting any associated fees to Trump National,and acquiring
appropriate signatures.
**Includes coordination of deliveries,staffing event,event logistics with Trump National
and monitoring compliance of facility use contract and facility rules and regulations.
***Founders Park is a public park that is in use by the public during rental events,and
as such the restrooms adjacent to the golf course are for public use.Trump National
Golf Club is a private facility and access to the property for purposes of photography,
locker rooms or golf cart usage (beyond the hour provided for in the contract)will result
in additional charges.
The City will pay $833 per event to Trump National to cover coordination with City staff,
golf cart for one hour and up to 100 chairs,security guard services,and cleanup fees
listed under fees for services.The City will collect all fees associated with events at
Founders Park and will send Trump National the checks on a quarterly basis with a
breakdown of the events during the period.Should the renting party accrue additional
charges for optional services provided by Trump National that were not requested in
advance,the difference will be deducted from the deposit and/or charged to the renting
party's credit card and provided to Trump National Golf Club in the form of a check from
the City.Trump National staff will bring any and all additional optional services not
previously contracted for to the attention of the on-site City staff prior to the renters
"checking out"for the day.
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Flowers,arches,decorations,and other services approved by the Recreation Services
Manager or his/her designee can be brought to the site by other vendors.City staff will
provide a portable PA system with a wireless microphone for the ceremony at no
additional charge to customer.
***************************
1 HOUR BLOCK OF TIME WITH NO CHAIRS -UP TO 15 PEOPLE
Mandatory Costs:
Residents/Non-residents
City of RPV Pricing:
Staff time*$76
(Event coordination &staffing)
Insurance $84
City facility permits $140
Total City Pricing:$300
Refundable deposit:$175
City staff will coordinate small stand-up ceremonies (for up to 15 people)for one hour
without involving Trump National staff in the process.The use of chairs and props will
not be allowed during small stand-up ceremonies.City staff will provide a portable PA
system with a wireless microphone for the ceremony at no additional charge to
customer.
Signature:---..,.Date:_
Trump National Golf Course
Signature:Date:_
City of Rancho Palos Verdes
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