JOINT WORK SESSION BETWEEN OKTOBERFEST BOARD & MT. ANGEL CITY COUNCIL MEETING AGENDA 500 NE Wilco Hwy- Festhalle Monday February 13, 2012 at 7:00 p.m.

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1 JOINT WORK SESSION BETWEEN OKTOBERFEST BOARD & MT. ANGEL CITY COUNCIL MEETING AGENDA 500 NE Wilco Hwy- Festhalle Monday February 13, 2012 at 7:00 p.m. 1. Call Joint Work Session to Order 7:00 p.m. 2. Flag Salute 3. Mayor and Council, Board Member and Staff Introductions 4. Debrief Oktoberfest 2011/Preparation for 2012 festival 5. Current Affairs for Oktoberfest and for the City 6. Future Joint Projects 7. Adjournment of Meeting Please note that this is a public meeting and the public is welcome to attend, listen and observe, however there will not be an agenda item for the public to speak or address the City Council and Oktoberfest Board. If you would like to provide any information or discuss any of these matters, please contact a City Councilor or come speak to the City Council at their regular meeting on March 5, The Festhalle is handicapped accessible. If special accommodations are required please contact City Hall at least one business day in advance at Hearing Impaired may call TTY (800) Interpretive services may be available with sufficient prior notice of need.

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13 NEW (2012) Agreement Temporary Use of City Property and City Rights-of-Way For Oktoberfest Special Event 2012 Between: And: Oktoberfest, Inc., an Oregon 501(C)(4) non-profit corporation ( Oktoberfest ) City of Mt. Angel, an Oregon municipal corporation ( City ) RECITALS A. Oktoberfest wishes to use certain City rights-of-way and City property (together City Property ) for the conduct of its annual folk festival ( Special Event ). B. For the Special Event, City is willing to allow Oktoberfest to use certain City owned property and City rights-of-way subject to certain conditions. C. Oktoberfest has certain City service needs to conduct the Special Event that go above and beyond services the City normally provides ( Special Event Services ). D. City is willing to provide Special Event Services for the Special Event, so long as the costs of the services are paid by Oktoberfest and not by City taxpayers. E. City and Oktoberfest recognize Oktoberfest s annual Special Event occurs through a successful partnership of the two organizations. In order to foster this partnership, Oktoberfest and the City will participate in an annual joint meeting to discuss mutual goals and future joint projects. The first meeting will be held in February Special Event AGREEMENT Oktoberfest is an annual event that occurs for four calendar days beginning the 2 nd Thursday after Labor Day each year. 2. Term a. The Special Event runs from 10AM, Thursday September 1513, through 10PM, Sunday September 1816, b. Attachment A defines the map boundaries of the event, the times of the event, and indicates key facilities. Page 1 of 10

14 NEW (2012) c. This Agreement shall govern the Special Event and the activities of the parties, including the Special Event Services, provided during the Special Event and during the preparations and wrap-up of the Special Event. 3. Oktoberfest Obligations a. Oktoberfest shall notice, by a display advertisement in a local publication all of the upcoming Oktoberfest dates and potential impacts on access to properties no less than 14 days prior to the start of the festival. b. Oktoberfest is responsible for obtaining approvals and conferring with all other responsible agencies (OLCC, County, Fire, PGE, etc). c. Oktoberfest shall give the City Administrator notice of contact information for key personnel no later than seven days prior to the commencement of the festival. d. Oktoberfest will have oversight of festival vendors and operations within the Oktoberfest special event on Oktoberfest property, City property used for the special event, and closed rights-of-way. e. Oktoberfest will ensure any security personnel employed by or contracted by Oktoberfest cannot wear any uniform or attire that resembles police officer uniforms that would lead to confusion on the public s part. f. Oktoberfest will return all City and private property to pre-event condition or better by 5 PM Monday, September 1917, City Special Event Services a. City shall place appropriate barricades to protect and preserve areas as shown in Attachment A. b. Attachment B is the annual budget to provide adequate public safety, public works, and services for the festival. c. City water available at the 10 locations marked on Attachment A will be available, at no additional cost, to the vendors operating in the streets along Cleveland and Garfield during the event. 5. Special Event Services Costs a. Costs of City Special Event Public Safety Services will include preparation costs, Special Event costs, and post-event costs. Costs are estimated in Attachment B. All costs will be paid by Oktoberfest to the City of Mt. Angel. Page 2 of 10

15 NEW (2012) b. The City will mail Except for the costs contained in section 13a., Oktoberfest will pay all costs within this agreement to the City of Mt. Angela final bill within days of the close of the festival, payment is due within 30 days of receipt of the bill and shall be paid to the City of Mt. Angel. c. Oktoberfest will be responsible for actual costs. Attachment B is an estimate; however, additional unanticipated costs, costs resulting from emergency or unusual circumstance, and costs for stand-by or conditional resources may occur and Oktoberfest will be responsible for the services provided. d. Any unusual circumstances may result in additional costs, if known, shall be discussed between the parties at the daily public safety meeting during the festival. 6. Coordination Oktoberfest will host, and the City will attend at least one coordination meeting with the property owners and residents along South Cleveland Street at least three weeks prior to the start of the festival. 7. Insurance Oktoberfest shall maintain throughout the term of this Agreement and any extension, at Lessee's cost, public liability and property damage insurance with the combined single limit of not less than $1,000,000 (One Million Dollars) for bodily injury, death, personal property or real property damage in connection with the Special Event and use City property and facilities. City shall have the right to require Oktoberfest to increase the limits of such coverage from time to time to an amount deemed by City to be reasonable in view of conditions and circumstances existing at the time of such increase. Such circumstances include any modification by either court ruling or legislative change to the maximum recovery allowed under the Oregon Tort Claims Act. The insurance provided by Oktoberfest shall include City as named insured, so that the insurance will protect City and Oktoberfest both as primary insurance for any and all losses with respect to the Special Event and all of Oktoberfest s activities during, in preparation for, and in connection with the Special Event. Upon request of City, Oktoberfest shall tender a certificate of insurance evidencing the insurance requirements set forth in this section. 8. Indemnity Oktoberfest shall indemnify, defend and hold the City its officers, employees, agents and volunteers harmless from and against any and all claims, actions, liability, costs, expenses and damages of every kind and nature, including damages to City property and reasonable attorney s fees, arising from any act, omission, or negligence related to the Special Event or Oktoberfest s actions under this Agreement by Oktoberfest, its agents, contractors, employees, volunteers, Page 3 of 10

16 NEW (2012) licensees, or invitees. In case of any action or proceeding brought against the City by reason of such claim, Oktoberfest, at City s option, shall defend such action or proceeding by counsel reasonably satisfactory to City. 9. Grant of Temporary Use a. City grants to Oktoberfest a temporary license/permit to make use of the City Property mapped in Attachment A as provided in this Agreement. b. The grant is temporary, establishes no permanent rights, and is non-transferable. 10. Payment in Lieu of Taxes Oktoberfest will provide City with a payment in lieu of taxes at the current assessment rate of $ per $1,000 of assessed value for the property owned by the Mt. Angel Community Foundation, a 501(C)(3) non-profit corporation, and used by Oktoberfest for its annual festival. The payment shall be calculated at the values established in 2010 and will increase at a rate of 3% per year. For 2011, the amount will bewas $1, For 2012, the amount will be $1,734.02, 11. Grant Application The City may apply for grants for projects which will be considered for funding by the Oktoberfest Board of Directors in the same manner as are other requests from nonprofit organizations. Decisions on funding are the exclusive right of the Oktoberfest Board of Directors. 12. Attorney Fees There are no anticipated attorney s fees for the 2012 agreement, however, future attorney costs the City incurs related to this agreement will be evenly split between Oktoberfest and the City of Mt. Angel. Oktoberfest will pay for the City attorney to review this original document an amount not to exceed $1,000, City will invoice Oktoberfest for the actual costs of the review, but in no case shall Oktoberfest s costs exceed $1, Capital Project Contribution a. Oktoberfest will make a Capital Project Contribution to the City. The amount for is $1,500 (to be filled in after February 13 joint meeting) and will be paid to the City as part of the Annual Money Giveaway Event. b. Future contribution amounts will be agreed upon at the Annual City and Oktoberfest Meeting. 14. Law Enforcement Authority Page 4 of 10

17 NEW (2012) Law enforcement authority of City and other overlapping government jurisdiction are not limited or restricted by this Agreement. 15. Legal and Regulation Compliance Oktoberfest will comply with all applicable Federal, State, County, City, and Special District laws and regulations that may apply to the conduct of the Special Event. This Agreement is not a release from liability as to laws and regulations that may be applicable to Oktoberfest s conducting of the Special Event. 16. Dispute Resolution Before bringing any lawsuit concerning the terms of this Agreement, the parties shall attempt to resolve all disputes by negotiation and voluntary mediation. The parties shall share equally in all common costs of mediation. 17. Standard Terms (Interpretation, Integration, Third Party Beneficiaries, etc) a. Interpretation. This Agreement shall be construed in accordance with Oregon law. b. Third Parties. There are no third-party beneficiaries to this Agreement. The parties agree and intend that this Agreement shall be enforceable only by the parties and their duly authorized representatives. c. Amendment. Except as otherwise provided in this Agreement to the contrary, this Agreement may only be amended by a writing executed by authorized representatives of the parties. d. Integration. This Agreement embodies the entire agreement of the parties concerning Special Event Services. e. Severability. If any part, term or clause of this Agreement is held by a court or arbitrator to be unenforceable, of no effect or in conflict with any law, the validity of the remaining provisions and clauses shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or clause held to be unenforceable. f. Assignment. This Agreement shall not be assigned, in whole or in part, by either party without prior express written permission from the other party. Assignments in violation of this provision are void. g. Records. Both parties shall maintain records related to this Agreement as required by state or federal law and shall allow inspection of such records by the other party upon reasonable prior notice. Page 5 of 10

18 NEW (2012) h. Notices. Any notice permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the US mail, postage fully prepaid, to the persons and addresses shown below. City: Oktoberfest: Susan Muir City of Mt. Angel 5 Garfield Street P.O. Box 960 Mt. Angel, OR John GooleyChris Bischoff Oktoberfest P.O. Box 1054 Mt. Angel, OR City By: Name: Title: Date: Oktoberfest By: Name: Title: Date: Attachment A: Event boundaries, times key facilities Attachment B: Special Event Services Costs Page 6 of 10

19 NEW (2012) Attachment A 1. General Map See page 2 2. Pre-festival and Post-festival Timing Requirements: a. Beginning on Labor Day, September 3rd, Oktoberfest reserves two parking spots on Charles St. to the north of, and immediately adjacent to City Hall, for the festival information booth. These spots will be reserved and used for that booth until 5:00 PM on Monday, September 17th. b. Also beginning on Labor Day, September 3rd, Oktoberfest will be using, but not closing, city rights-of-way for the festival set-up process. Equipment used in the rights-of way will include, but not be limited to, fork lifts, gators, trucks and trailers. Work with this equipment will continue through 5:00 PM on Monday, September 17th. c. Beginning at 8:00 AM on Wednesday, September 12th, Oktoberfest will set up the Harvest Monument at the intersection of Garfield St. and Charles St. Bleachers will also be moved into the parking spaces on Charles St. in front of the Library. d. Beginning Saturday, September 8th, Oktoberfest will place the sound booth for the Gazebo at Berchtold Park. On Monday, September 10th, the remaining setup on the Gazebo, along with the north lawn of City Hall and the tent setup at Saalfeld Park will commence. Festival use of both parks will be completed by 5:00 PM on Monday, September 17th. 3. Park Usage a. Oktoberfest reserves Saalfeld Park, including house, and Berchtold Park from Sunday, September 9th through Monday, September 17th. b. Oktoberfest reserves Ebner Park from Thursday, September 13th through Sunday, September 16th. c. Oktoberfest reserves Humpert Park on Saturday, September 15th. 4. Street Closures a. Downtown street closures are to follow plan highlighted on Page 3. b. Oktoberfest will close that part of Elm St. which is between Taylor and E. College on Saturday and Sunday, September 15th and 16th. c. Oktoberfest will close that part of Charles St. which is between Garfield and Cleveland on Sunday, September 9th from 5:00 PM until 9:00 PM. 5. Water Hook-ups a. Water hook-ups are highlighted on the festival map on page 4. Hook-ups are to be made in 10 locations on Wednesday, September 12th and unhooked on Monday, September 17th. Page 7 of 10

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