MEETING DATE: May 19, 2021 PREPARED BY: Travis M Karlen
Recreation Services Manager
DEPT. DIRECTOR: Jennifer Campbell
DEPARTMENT: Parks, Recreation and
Cultural Arts CITY MANAGER: Pamela Antil SUBJECT:
Memorandum of understanding between the City of Encinitas and Cardiff 101 Main Street for a community special event.
RECOMMENDED ACTION:
Approve a Memorandum of Understanding (MOU) between the City of Encinitas and Cardiff 101 Main Street in substantial form as contained in Attachment 1 in consultation with the City Attorney to host the 15th Annual Cardiff Dog Days of Summer on Sunday, August 8, 2021, at Encinitas Community Park.
STRATEGIC PLAN:
This item relates to the Recreation Focus Area promoting active lifestyles and community health by furthering access to trails, parks, beaches, and other recreational opportunities.
FISCAL CONSIDERATIONS:
The fiscal impact associated with the staff recommendation is included in the proposed FY 2021-22 budget. The special event permit fee of $300 is not applicable as identified in the MOU.
As an event co-sponsor, the City will work in partnership with Cardiff 101 Main Street, a 501(c)(6) non-profit organization. City support will include Parks, Recreation and Cultural Arts Department staff to provide logistical and planning support. City expenditures of up to $1,750 are included in the FY 2021-22 proposed budget for equipment, promotions, trash and recycling management, restroom servicing and traffic control for the event. The City will receive a complimentary expo booth space for the Parks, Recreation and Cultural Arts Department, valued at approximately $200. Additionally, the City will receive complimentary event space to provide pet health screenings and services, conducted by the City’s contracted Animal Services provider, the San Diego Humane Society. Cardiff 101 Main Street will absorb all other associated event expenditures.
BACKGROUND:
In late 2016, the Cardiff 101 Main Street expressed interest in relocating the Cardiff Dog Days of Summer event to Encinitas Community Park. Cardiff 101 Main Street’s overall goal of the event has been to celebrate Encinitas’ local community of pets and owners alike, to provide services for pet owners and to educate the public on proper pet care and adoption service opportunities. The City’s goals in operating its own long-running Pet Health Expo are in alignment with Cardiff 101 Main Street’s stated goals. Upon sharing best practices and shared interests, it was determined that Cardiff 101 Main Street would be willing to take the lead and financial responsibility to produce the event, with the Parks, Recreation and Cultural Arts Department support and involvement.
Cardiff 101 Main Street held the Cardiff Dog Days of Summer event at Encinitas Community Park, in partnership with the City of Encinitas in 2017, 2018 and 2019. The event has been well attended and enjoyed by pets and pet-owners alike. The event featured pet adoptions, pet health screenings, licensing and other services, pet contests, vendor fair, live music, food, and a beer garden to raise funds to support Cardiff 101 Main Street events and projects. The 2020 event was cancelled due to COVID-19.
ANALYSIS:
The Parks, Recreation and Cultural Arts Department endeavors to work in partnership with organizations such as Cardiff 101 Main Street, a 501(c)(6) nonprofit, consistent with the City’s Partnership Policy C032 (Attachment 2). The event will follow all County of San Diego and State of California requirements for outdoor events.
Pending County of San Diego Health Orders, Cardiff Dog Days of Summer 2021 will be a free event with nearly 100 dog related vendors, pet screenings and services provided by the City’s contracted Animal Services provider, animal rescue groups with pet adoptions (coordinated by Rancho Coastal Humane Society), live music, beer garden, doggie contests, local artisan market, and food trucks.
Cardiff 101 Main Street will be responsible for overall event production and promotions, promote the event as “In Partnership with the City of Encinitas” to include City branding in all associated flyers, posters, press releases, social media platforms and print and web advertisements. Additionally, the City will promote the event on the City’s website, department brochure, social media platforms, and post flyers and banners.
The event will attract positive media coverage and is expected to draw up to 5,000 residents and tourists throughout the day. This event will not close any streets. Event organizers plan to utilize San Dieguito Academy High School for additional event parking. The event will comply with the Mitigation, Monitoring and Reporting Program for sound, parking, and operational hours, as stated in the Environmental Impact Report (EIR) for Encinitas Community Park.
Zero Waste Event Strategies are included in the MOU, which include: • Educate vendors/exhibitors on zero waste requirements • Provide refillable water station(s)
• Provide and identify recycling and trash containers on venue site map, 1:1 ratio min • Post recycling container signs identifying acceptable recycling materials
• Use reusable products as a first choice or recyclable products as a second choice • Minimize single package products (e.g., individual packets of ketchup)
• Explore the opportunity to donate unused food • Not utilizing single-use plastic bags
• Not utilizing plastic straws • Not utilizing plastic utensils
• Not utilizing polystyrene (Styrofoam) products • Not utilizing plastic bottle beverage containers ENVIRONMENTAL CONSIDERATIONS:
The action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
This item is not related to the Climate Action Plan. ATTACHMENTS:
1. MOU between City of Encinitas and Cardiff 101 Main Street 2. Partnership Policy C032, dated 2-17-16
2021 MOU BETWEEN CITY OF ENCINITAS AND CARDIFF 101 1 MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF ENCINITAS AND CARDIFF 101 MAIN STREET
The City of Encinitas, hereinafter referred to as CITY, and Cardiff 101 Main Street, hereinafter referred to as CARDIFF 101, enter into this Memorandum of Understanding (MOU) for the express purpose of providing a community special event on August 8, 2021 at Encinitas Community Park.
I. PURPOSE
The purpose of this MOU is to establish a formal working relationship between the parties, based on the CITY’s and CARDIFF 101’s desire to work cooperatively to provide a community event free to the public. “Cardiff Dog Days of Summer” is scheduled for Sunday, August 8, 2021 from 10 a.m. to 6 p.m. at Encinitas Community Park.
II. DESCRIPTION OF SPECIAL EVENT SERVICES
CITY and CARDIFF 101 desire to work cooperatively to provide a community special event that will include over 100 vendors, pet screenings and services provided by the Humane Society, the City’s contracted Animal Services provider, animal rescue groups with pet adoptions (coordinated by Rancho Coastal Humane Society), live music, beer garden, doggie contests, local artisan market, and food trucks.
The goal of the event is to celebrate Encinitas’ local community of pets and owners alike, to provide services for pet owners, and to educate the public on proper pet care and adoption service opportunities.
A. CITY will:
1. Provide the event venue, Encinitas Community Park (ECP). Permit fee is non-applicable.
2. Assist CARDIFF 101 with the Mitigation, Monitoring, and Reporting Program for ECP.
3. Issue resident and business notification for Cardiff Dog Days of Summer.
4. Provide a staff liaison to communicate with CARDIFF 101 before and during day of event coordination, and adequate Parks, Recreation and Cultural Arts Department staff to assist with logistics planning of set-up, operations, and breakdown.
2021 MOU BETWEEN CITY OF ENCINITAS AND CARDIFF 101 2
5. Provide a staff liaison to communicate with the Dog Days of Summer event staff, Sheriff’s Department, and event security for pre-confirmation of services and for day of event coordination.
6. Promote Cardiff Dog Days of Summer on Encinitas’ City website, summer recreation brochure, banners, and social media.
7. Coordinate and provide park restroom additional services for day of event.
8. Coordinate and provide collection of recycled materials in accordance with City Zero Waste Event Strategies and waste disposal.
9. Coordinate and provide traffic control planning, implementation and use of City event notification signage.
10. Consider in-kind equipment loans related to the following: City banner space and Parks, Recreation and Cultural Arts Department sound system, kids zone game equipment, field stakes and pennants flagging.
B. CARDIFF 101 will:
1. Obtain a major special event permit in compliance with the CITY’s special event permitting process and requirements.
2. Plan, coordinate, recruit staff and volunteers, schedule, supervise, prepare promotional materials, market event, and operate the Cardiff Dog Days of Summer event.
3. Include CITY Parks, Recreation and Cultural Arts Department branding in all associated flyers, posters, press releases, and social media, print and web advertisements.
4. Provide a free, family, and pet friendly event for the community.
5. Provide event space, at no cost to CITY and at no cost to City’s Contracted Animal Services provider, to be coordinated by CITY. 6. Include the CITY Parks, Recreation and Cultural Arts Department logo
on any event merchandise which includes named sponsors and/or partners.
2021 MOU BETWEEN CITY OF ENCINITAS AND CARDIFF 101 3 C. CITY and CARDIFF 101 will agree to:
1. Zero Waste Event Strategies:
• Educate vendors/exhibitors on zero waste requirements • Provide refillable water station(s)
• Provide and identify recycling and waste containers on venue site map, 1:1 ratio minimum
• Post recycling container signs identifying acceptable recycling materials
• Use reusable products as a first choice or recyclable products as a second choice
• Minimize use of single package products (e.g., individual packets of ketchup)
• Explore the opportunity to donate unused food • Not to utilize single-use plastic bags
• Not to utilize plastic straws • Not to utilized plastic utensils
• Not to utilize polystyrene (Styrofoam) products • Not to utilize plastic beverage bottles
2. Coordinate the event set up, parking areas, event operations, teardown, and clean up.
3. Meet regularly prior to the event to provide event updates and discuss issues, as mutually agreed upon by both parties.
4. Develop an overall general timeline regarding planning and day of event activities mutually agreed upon by both parties.
5. Meet with the City departments and the Sheriff’s Department to maintain event scheduling and traffic control plan. Dates and times for these meetings will be mutually set.
6. Coordinate event presentations or promotions to community groups regarding the events.
7. Any printed or web promotional material and event signage shall be presented in accordance with guidelines to be agreed upon.
III. TERMS
The term of this MOU shall commence on June 1, 2021 and continue through August 15, 2021. This MOU contains all the terms and conditions agreed upon by the parties regarding the subject matter of this MOU and supersede any prior
2021 MOU BETWEEN CITY OF ENCINITAS AND CARDIFF 101 4
agreement, oral or written, and all other communications between parties related to such subject matter.
IV. TERMINATION FOR CAUSE
In the event of CARDIFF 101’s failure to prosecute, deliver, or perform the DESCRIBED SERVICES, upon delivery of notice, the CITY may in its sole and exclusive discretion, terminate this MOU by notifying CARDIFF 101 by certified mail of said termination.
V. TERMINATION FOR CONVENIENCE
Either party may, in its reasonable discretion, with or without cause, terminate this MOU upon the giving of ten days prior written notice to the other party.
VI. AMENDMENTS OR MODIFICATIONS
This MOU may not be amended except by a writing duly executed by the parties hereto. The CITY shall have the right to grant reasonable extensions of time to CARDIFF 101 for any purpose or for the performance of any obligation of CARDIFF 101 hereunder.
VII. INDEMNIFICATION
CARDIFF 101 agrees to indemnify and hold the CITY and CITY’S officers, officials, employees, elected and appointed officials and agents harmless from, and against any and all, liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with any negligent acts or omissions of CARDIFF 101 or CARDIFF 101’s agents, employees, subcontractors, officials, officers or representatives in regards to CARDIFF 101’s Dog Days of Summer event. Upon demand, Cardiff 101 would defend and indemnify CITY and CITY’S officers, officials, employees, and agents, from and against such liabilities, claims, demands, causes of action, losses, damages and costs related to and only to CARDIFF 101’s event. Except as otherwise provided in this Section, CITY’S intentional acts, CITY’S violations of law, or the CITY’S sole active negligence is the City’s responsibility and not CARDIFF 101’s board, officers, employees or agents.
2021 MOU BETWEEN CITY OF ENCINITAS AND CARDIFF 101 5 VIII. INSURANCE
CARDIFF 101 shall obtain, and during the term of this MOU shall maintain, policies, to the extent applicable, general liability, alcohol liability, and property damage insurance from an insurance company authorized to be in business in the State of California for CARDIFF 101. Each such policy shall be in an amount of not less than one million dollars ($1,000,000) for each occurrence and shall be endorsed with the following language: Beginning on July 25, 2021.
1. The CITY and CITY’s officers, officials, employees, agents, and volunteers are to be covered as additional insured by the City of Encinitas with respect to liability arising out of the acts and omissions by or on behalf of CARDIFF 101 during the event. CARDIFF 101’s obligation herein does not extend to liabilities, claims, demands, and causes of action, losses, damages or costs that arise out of the City’s intentional wrongful actions, City’s violation of law, or the City’s active negligence. 2. The insurer shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
3. Provide that the policy shall remain in full force during the full term of this MOU and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the CITY from the insurance company. Insurance for the event will begin July 25, 2021. B. Before CARDIFF 101 shall employ any person or persons in the performance of
the MOU, CARDIFF 101 shall procure for its employees, if any, a policy of Worker’s Compensation Insurance as required by the Labor Code of the State of California.
C. Prior to commencement of work under this MOU, CARDIFF 101 shall furnish to the MOU OFFICER proof of the insurance required in this Section.
IX. MOU IN WRITING
This MOU contains and embraces the entire MOU between the parties hereto and it, nor any part of it, may not be changed, altered, modified, limited, or extended, orally or by any MOU between the parties unless such MOU be expressed in writing, signed, and acknowledged by the CITY and CARDIFF 101 or their successors in interest. In witness whereof, the parties hereto have caused this MOU to be executed effective as the date first written below:
2021 MOU BETWEEN CITY OF ENCINITAS AND CARDIFF 101 6
CITY: CARDIFF 101:
Pamela Antil Alison Wielechowski
City Manager Program Director
505 S. Vulcan Avenue P.O. Box 552
Encinitas, CA 92024 Cardiff by-the-Sea, CA 92007
The parties hereto, have caused this MOU to be executed, effective as of the date of execution by the CITY.
CITY OF ENCINITAS
Pamela Antil, City Manager Date APPROVED AS TO FORM:
____________________________________________ Leslie E. Devaney, City Attorney Date
CARDIFF 101
Alison Wielechowski, Program Director Date
