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HomeMy WebLinkAboutRES 93-66-ARESOLUTION NO. 93 - GSA S RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DZIMOND BAR MENDING THE POLICIES AND PROCEDURE8 AND REGULATIONS FOR THE USE OF FACILITIES OPERATED BY THE CITY OF DIAXOND BAR A. Recitals. (i) The City of Diamond Bar has heretofore enacted Policies, Procedures and Regulations for the use of facilities operated by the City of Diamond Bar. (ii) For the benefit of the community, it is necessary to periodically amend said Policies, Procedures and Regulations. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, be it resolved, by the City Council of the City of Diamond Bar that: 1. In all respects as set forth in the recitals, Part A, of this Resolution. 2. The Policies, Procedures and Regulations for the use of fAdilities operated by the City of Diamond Bar are amended k thes adoption of a new Exhibit "A" that are incorporated herein by this referenced as though set forth in full. 3. Any or all provisions in the attached Policies, Procedures and Regulations may be waived by action of the City Council. PASSED, APPROVED AND ADOPTED this 15th day of March , 1994. a or I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of March , 1994, by the following vote: AYES: COUNCIL MEMBERS -Miller, Papen, Ansari, MPT/Harmony and M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None L BU`«'S5, --�3 lerk City of D$amonZi Bar ; CITY OF DIAMOND BAR :� �Iw JiDIANOND RAN& � FACILITY USE DOCUMENT Approved by Diamond Bar City Council September 7, 1993 Diamond Bar City Hall — 21660 E. Copley, Suite 100 (909)396-5690 PARKS AND RECREATION CONDESSION The Parks and Recreation Commission is composed of five Diamond Bar residents who are interested in the recreation and leisure activities of their community. The Commission acts in an advisory capacity to the City Council and strives to provide opportunities in which the community residents can interact. The Commission meets on the fourth Thursday of each month at the Heritage Park Community Center located at 2900 S. Brea Canyon Rd. at 7:00 p.m. the public is encouraged to attend. TABLE OF CONTENTS I. GENERAL INFORMATION PAGE 3 A. Statement of Policy B. Park and Athletic Facilities Available C. Definitions D. Qualifying User Groups-ln Descending Order of Priority D. RESERVATION POLICIES AND PROCEDURES PAGE 6 A. Parks B. Athletic Facilities Available C. Variances and Grievances M. FEES PAGE 11 A. Athletic Field Lights B. Parks C. Equipment 1) Storage Facilities 2) Concession Stand Policy D. Other IV. RULES AND REGULATIONS PAGE 15 A. General B. Insurance C. Traffic and Parking D. Public Address System E. Maintenance F. Facility Rain Use Guidelines and Procedures V. BUILDING FACILITY USE POLICY PAGE "22 2 VI. ATTACHMENTS PAGE 27 A. Park Reservation Form B. Walnut Valley Unified School District Facility Request C. Pomona Unified School District Facility Request D. Permit for sale and/or consumption of Alcoholic Beverages on Public Facilities 3 I. GENERAL INFORMATION A. STATEMENT OF POLICY The City of Diamond Bar, Community Services Department, coordinates the use of all City parks and athletic facilities available to organizations and the general public for cultural, social, and recreational activities and programs. The City reserves the right to revoke or terminate a facility use permit of any individual or organization for violation of its policies and procedures. The City may also charge a fee to offset public expenses to operate, maintain, supervise and administer the use of the park and athletic facilities. The City will attempt to accommodate all requests for use of City facilities with the limited amount of park facilities. The increased demand for use of park and athletic facilities makes it necessary to emphasize sharing in the use of facilities. The reservation of athletic fields will be determined at bi-annual facility organizational meetings of the user groups and the City. The mission of the City of Diamond Bar Parks and Recreation Commission is to provide input to the City Council and Community Services Department regarding policies and procedures for park facilities and recreation programs. The role of the Commission is to insure that the program and facilities offered meet the needs of the community and are as economically feasible as possible so that the citizens may participate. The Commission is to take into consideration present and future needs of the City and develop plans to meet those needs. The Commission is responsible for the initiation, review and recommendation of plans for the acquisition and improvement of park lands and facilities and to recommend program improvements or additions when necessary. The Commission is to recommend policy and programs based on the needs of the entire community without bias towards special interest groups. 4 B. PARK AND ATHLETIC FACILITIES AVAILABLE 1. City -owned parks PARK ADDRESS Heritage Park 2900 Brea Canyon Road Maple Hill Park 1309 South Maple Hill Road Pantera Park Bowcreek Dr & Pantera.Dr m...icsup) Carlton J. Peterson 24142 East Sylvan Glen Drive Ronald Reagan Park Pathfinder Road & Peaceful Hills Road Starshine Park 20838 Starshine Avenue Summitridge Park Grand Avenue & Summitridge Road Sycamore Canyon Park 22930 Golden Springs Drive 2. Joint School/City Parks Paul C. Grow Park/Quail Summit Elementary - Quail Summit Drive & Highbluff Rd. 3. Athletic Facilities 5 Basketball Baseball Tennis Multi -Purpose Court Field Court Field Heritage 'h 1 0 1 Ronald Reagan 1 0 3 0 Maple Hill 1 0 3 0 Paul C. Grow 0 2 0 1 Summitridge 0 1 0 1 Sycamore Cyn. 0 1 0 1 Peterson 0 2 0 2 5 C. DEFINITIONS Hazardous Activities - any activity that is defined by the City's insurance company or Risk Manager to be hazardous. User Groups - qualifying non-profit youth or adult athletic organization that use the field on an on-going basis. One -Time User - Resident, company or organization that request a portion of a park for a single day of use. D. QUALIFYING USER GROUPS - IN DESCENDING ORDER OF PRIORITY City of Diamond Bar sponsored activities. Group B - Diamond Bar based, certified non-profit, youth and adult athletic organizations, and civic, service or fraternal organizations who conduct community events and/or programs open to the general public. Proof of non-profit status must be submitted and on file prior to scheduled use. Group C - Diamond Bar residents' non-commercial functions and/or activities not open to the general public. Group D - Diamond Bar -based commercial, industrial or professional groups, using the facility for a non-profit purpose. Group E - Other tax -supported public agencies. Groo F - Non Diamond Bar residents or commercial groups. The private commercial use of City Parks for profit and private gain will be prohibited. 511 II. RESERVATION POLICIES AND PROCEDURES A. PARKS Requests to reserve the City's park facilities are made through the Community Services Department of the City of Diamond Bar, 21660 E. Copley, Suite 100. The office phone number is (909) 396-5690. V 1. Picnic Facilities a. Any person or group with over thirty (30) people wishing to reserve facilities must submit a facility request, with a refundable clean-up deposit. b. A request to reserve a facility must be submitted ten (10) days prior to the event or activity and is subject to the approval of the City on a first come, first serve basis. C. The facility request will include the name of the, responsible individual and/or organization, date, time, park area to be used and the number of people expected to be in attendance. d. The City reserves the right to require that any group or person obtain security through the Los Angeles County Sheriffs Department at events ^ that could create traffic and/or safety concerns at the sole expense of that group or person. e. No campfires, liquid fluids or charcoal fires are allowed except with permit issued by City. 2. Overnight Use of City parks are available by permit through the Community Services Department with a fifteen (15) day notice. Only Diamond Bar -based non-profit organizations may reserve the park for overnight use. Proof of Insurance must be presented to the City as set forth under Insurance requirements for use of City facilities. It is the responsibility of the requesting organization to: a. Maintain appropriate adult chaperons b. Notify the Sheriff's Department of an overnight campout C. Request Sheriff patrols during the campout No Campfires, liquid fluids or charcoal fires are allowed, except by permit issued by the City. 7 3. Tennis/Basketball Court Use a. The Tennis and Basketball courts located on City parks are on a first come, fust serve basis and may not be reserved, except for City activities, or for non-profit athletic programs, as approved by the City. b. The use of Tennis/Basketball court areas for concession facilities is prohibited. C. The use of Tennis/Basketball court areas for skating of any kind is prohibited. B. ATHLETIC FACILITIES 1. Policies a. Priority 1) First priority is to provide game facilities and to maintain the parks. 2) Practice requirements are the second priority, following game and maintenance needs. b. The number of players and teams will be considered in allotting time for use of the facilities. C. The allocation and assignment of dates, times and areas for use of City Parks is the sole control of the City. Areas under School District jurisdiction will be scheduled by the School District in conjunction with the City. d. Any changes or additions to park assignments must be submitted in writing and approved by the City, prior to the scheduled event. 2. Procedures a. Users requesting league or ongoing use of City athletic facilities must submit a request on appropriate City or School forms. A City Park Reservation Form must be completed for use of City facilities. (See attachments for document example) All requests for School District facilities are to be submitted on School District request forms. (See attachments for School Districts request sample forms) 8 b. Occasional or one time only use requests must be submitted on a Park Reservation Form at least ten (10 days prior to requested facility use). C. All requests will be reviewed by City staff. d. All field requests from user groups, must be submitted by May 15 and November 15, preceding the period in which fields will be utilized. Forms must be signed by the president or official designee of the organization's Board. e. Requests for use by league or ongoing athletic organizations will be reviewed and assigned in June of each year for the period of August through December, and in December for the period of January through July. A facility organizational meeting will be held in June and December each year to assign the facilities. Each user requesting facilities during the applicable period must send a representative. If a user group requesting use of facilities does not send a representative, they may lose their priority rating for scheduled use of facilities. f. No user -group will be given an approved agreement for facility use until the following documents have been submitted: 1) Complete list of names, addresses and telephone numbers of the -- current Board of Directors, or designated officials. 2) Proof of current non-profit status with the Internal Revenue Service and State of California. 3) Master calendar of events to include, but shall not be limited to: - Registration dates, tryouts (date, time place) - Date practice begins, practice slot schedules - Opening day schedule/Closing Ceremonies - Dateltimes league games (start/finish) - Tournament dates (requested to host) - Number of teams 4) One copy of the Certificate of Insurance listing the City of Diamond Bar as additional insured, in the amount approved by the City. (As specified in Facility Use Agreement) 5) All deposits as required. 9 g. Leagues anticipating a split to form a new league, or individuals planning to organize a new sports program, must apply to the City at least one year prior to the estimated starting date. This will provide the necessary time to study the impact of the new program on existing facilities. Athletic Field Storage Facilities a. Storage facilities are made available free of charge to local seasonal user groups. A deposit is required for use of the facilities. b. All user equipment must be stored in a orderly manner. C. Upon conclusion of seasonal play, all equipment must be removed within fourteen (14) days or a cleanup fee, based on actual expenses incurred and overhead, will be charged. If equipment is not claimed within thirty (30) days it will be confiscated and disposed of as prescribed by law. d. Equipment stored in the facility is not the responsibility of the City. Unnecessary equipment stored in the facility may be removed at the user group's expense. e. Lost or stolen items from the storage facilities are not the responsibility of the City. 4. Athletic Field Lining/Marking a. All lining/marking of athletic fields must be done with chalk or waterbased paint. b. The burning of fields with the use of weed killer, diesel fuel or any other method is prohibited on City owned property including park athletic fields. C. Any user failing to comply with established guidelines and notification is subject to invoicing for all damages occurring to the facility and termination of facility use permit. C. VARIANCES AND GRIEVANCES A user group may request a variance or submit a grievance to the stated procedures by completing the following: 10 1. Variance: a. Submit a letter detailing why a variance is requested to the City Manager. b. Appropriate staff members will review the letter and make a recommendation. C. If staff decides not to grant a variance; the group may appeal to the Parks and Recreation Commission User Group Sub -Committee within ten (10) days after written notification of staffs decision. The user group will be responsible to request a variance thirty days in advance of the scheduled event to allow for adequate staff review. 2. Grievance: a. Submit a letter detailing the grievance and recommendations on how to improve the conditions. b. Staff will review the grievance and submit a letter to the group. 11 III. FEES A. ATHLETIC FIELD LIGHTS All fees are set by the City Council through a Resolution. 1. All City sponsored events/activities, along with Diamond Bar based certified non-profit youth and adult sports groups, civic, service and fraternal organizations will be allowed to use ballfield lights free of charge. Proof of non-profit status must be submitted to, and be on file with, the City prior to scheduled use. 2. Non City of Diamond Bar based or occasional one-time only users will be charged for the use of lighted facilities at the approved flat hourly rate of $8.00 per hour for light usage, with a two hour minimum use, and each additional hour or fraction thereafter. 3. The hourly light use fee will be evaluated each January, and if necessary, will be adjusted accordingly. 4. The City may deny use of lighted facilities to any organization or individual who leaves the ballfield lights on after the conclusion of the scheduled activity more than twice in one calendar year. a. Deposit 1) A refundable deposit will be required for use of ballfield lights. This deposit will be used to pay for ballfield lights left on upon conclusion of the activity. The deposit will also be used to reimburse the City for physical damages and wages paid to City personnel called out after working hours to turn off ballfield lights. 2) All one-time users will be required to submit a deposit in advance from which ballfield light charges will be deducted, along with any additional cost the City may directly or indirectly incur from their use. b. Light Billing 1) All light users will be responsible for reporting actual hours of use to the Community Services Department within seven days after scheduled use. The City shall deduct ballfield light and related costs specified from the deposit and refund the balance, if applicable. 12 B. PARKS 2) User groups will be provided the light box combination by the Community Services Department. The combination may be changed periodically and at the conclusion of the season. C. Light Usage 1) Upon approval of a request to use ballfield lights, the applicant , will be issued a combination to the ballfield lights. 2) Ronald Reagan and Maple Hill Park tennis court lights automatically turn off at 10:00 p.m. Therefore, the area used should be cleaned, equipment stored and participants cleared from the facility prior to the scheduled shut off time. Heritage Park lights need to be turned off by 10:00 p.m., if they are left on after 10:00 p.m. the group will be charged. If an organization would like to have lights on at Heritage Park after 10:00 p.m. they must request an exception to the time limit. Use of park and picnic facilities is free of charge on a first-come, fust -served basis (for reservations, see Section 11, Paragraph A). 2. Insurance is required for all groups of 50 or more people or for any activity in which the City deems that insurance is necessary. The insurance must name the City as an additional insured and the policy must be a minimum of $1,000,000 general Aggregate limit liability or an amount that the City determines appropriate for the use requested. Special events insurance has been made available through the City and can be purchased by the participating group. 3. A refundable cleanup deposit may be required for all groups that reserve use of a City Park. 4. Reservations are required for all groups of 30 or more persons to utilize City parks and picnic facilities. 13 C. EQUIPMENT 1. Storage Facilities a. A refundable deposit will be charged for the use of storage facilities. b. The deposit will be forfeited if stored material is not removed within fourteen (14) days after the completion of the season or activity. The facilities must be cleaned. Any equipment not removed from the facility at the end of the season will be removed by the City. Direct and indirect costs incurred by the City will be charged to the user group. 2. Concession Stand Policy a. The primary user of the park facility will receive primary use of the Concession Stand. All other use will be approved by Staff and the User Group Sub -committee (i.e. special activities). b. The primary User must abide by all Health and Safety standards and regulations and be available for inspections by the Health Department and/or Staff. C. A refundable deposit will be charged for the use of the Concession Stand. d. The user group shall be responsible for the cleaning of the Concession Stand (sweeping, trash removal, wiping counters) after each use. e. Keys will be issued to the User Group for the Concession Stand and can not be duplicated. The cost associated with the loss of keys will be deducted from the deposit. f. Damage to the Concession Stand or broken equipment, due to misuse, or the facility being left unlocked, will be deducted from the deposit. g. The deposit will be forfeited if stored material, with the exception of City owned capital equipment (refrigerator/microwave), is not removed within fourteen (14) days of completion of the season or activity. The facilities must be cleaned and all capital equipment disconnected from electrical outlets (except refrigerator). All capital equipment not removed from the facility at the end of the season will not be the responsibility of the City. h. The City, accompanied by the scheduled user group, will conduct an inspection of the facilities at the conclusion of the fourteen (14) day period to insure compliance to guidelines for use. 14 i. The user group is responsible and liable for loss or damage to any items brought in to the Concession Stand. j. Adult supervision must be maintained at all times. Children under the age of thirteen (13) are not allowed to work in the concession stand. D. RESTROOMMIELDS Facilities must be cleaned of rubbish and debris immediately following the scheduled use, or a cleanup fee, based on actual direct and indirect expenses incurred, will be charged. E. OTHER 1. Diamond Bar based non-profit organizations may use City Parks for commercial activities/events to raise funds to support community service programs and activities in the City of Diamond Bar. a. Requests must be submitted sixty (60) days in advance of the date of the activity/event and will be considered by the City's park reservation personnel with input from the Parks and Recreation Commission. 2. The private commercial use of City Parks for profit and private gain will be -- prohibited. 15 IV. RULES AND REGULATIONS A. GENERAL Alcoholic beverages are not allowed in City parks (Los Angeles County Code 17.04.440). There is a special event policy/procedure for sales and/or consumption of alcoholic beverages at City Park Facilities. (See attachment) 2. Cancellations a. The City of Diamond Bar may cancel the use of park facilities for cause or convenience, which includes but shall not be limited to: 1) When the City is engaged in work involving any of the facilities scheduled to be utilized. 2) When the health and/or safety of participants is threatened due to impending conditions, including but not limited to, heavy rains, unhealthful smog levels or other such climatic conditions. 3) It has been determined by the City that the applicant has not complied with the City park reservation policies. b. Should a user group wish to cancel a scheduled activity, notification must be made to the City at least 24 hours prior to such scheduled use. B. INSURANCE 1. If a group (user) or one time (user) of 50 people or more is involved in an activity where the City deems insurance to be necessary (i.e. sporting, hazardous events, or company picnics) the responsible person shall procure, pay for and maintain in full force and effect, in regard to any such event, a combined Comprehensive Personal Liability and Property Damage Insurance Policy with limits of not less than $1,000,000 or any amount that staff deems appropriate for the use- requested. 2. The. USER of the park agrees that it will indemnify and hold the CITY and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of USER'S acts or those of USER'S employees, agents, guests or invitees in connection with USER'S use and/or occupancy of the facilities. 16 3. Further, the City of Diamond Bar, its elected officials, officers, agents or employees thereof, shall be designated as additional insured under any such policy. 4. Any such insurance policy must include the requirement of a thirty (30) day written cancellation notice to the City. 5 Proof of the effective Policy must be deposited with the Community Services Department at least seven days prior to the first scheduled usage of the facility. 6. The City has Special Event Insurance coverage which may be purchased, at the sole cost of the applicant, for an event which takes place on City owned property. Contact the Risk Manager for further information. C. TRAFFIC AND PARKING 1. The user group must assure that participants and spectators utilize public parking areas and park only in marked stalls. 2. No vehicle(s) will be allowed on City park property, or outside public parking areas, except those designated for parks maintenanee or specifically permitted by the City. D. PUBLIC ADDRESS SYSTEM USE POLICY 1. Organized Scheduled Athletic Events Sound amplification equipment will be allowed in City parks, but is limited to public address systems, stereo equipment, stationary/portable components and bull horns, subject to the provisions of the City Noise Ordinance. A group must submit a request in writing for use of a public address system, prior to the event, including the purpose and placement of the equipment, to receive approval from staff. Public address system use will be permitted only between the hours of 10:00 a.m. - 9:30 p.m. daily. Failure to comply with the above requirements by user groups could result in one/or more of the following: 1) First Offense - verbal warning followed by written communication. 17 2) Second Offense - loss of public address system use privileges by the organization for the remainder of the season, immediately following the offense. 2. General Park Use Sound amplification equipment will be allowed in the City's parks, but is limited to public address systems, stereo equipment, stationary/portable components and bull horns, subject to the provision of the City Noise Ordinance. a. No person or group shall use any public address system in any of the City's parks without first submitting a request in writing and receiving approval from the Community Services Department. If staff is required to monitor the event all direct and indirect expenses will be charged to the User group. b. The proposed use of the public address system must not unreasonably interfere or disturb surrounding residences nor shall the use of the public address system detract from or interfere with the general public's use and enjoyment of the park. C. Public address system use will be allowed only between the hours of 10:00 a.m. - 9:30 p.m. daily. d. The direction of the public address system's speakers must be directed toward activity spectators and away from the surrounding residential land use. e. Failure to comply with the above requirements will result in immediate disconnection of the public address system use and forfeiture of deposit. E. MAINTENANCE 1. The City will maintain or cause to be maintained the parks for public use. 2. Field Maintenance a. All maintenance such as field preparation, lining of the fields, setting of base stakes, installation of goal posts will be performed by the user assigned to the facility as per written agreement between the City and the user. 18 b. Each user is responsible for the facility being free of trash or debris. C. Users are requested to report any damage or acts of vandalism to the Community Services Department or Sheriff's Department immediately. It is the policy of the City of Diamond Bar to prosecute to the fullest any individuals for acts of vandalism (Sheriffs Department (909)595-2264 or 911. 3. Motorized Vehicle Use a. Motorized vehicles may be permitted on the City parks for the preparation of athletic fields upon approval of the City. b. Each user group must designate the drivers, not to exceed 4, at least 21 years or older, who will drive the designated and approved motorized vehicle for dragging the fields or other such related activities. C. Each designated driver will be required to attend a training session, conducted by the Community Services Department, on the proper method of dragging infield areas and related safety matters. d. Each user group is allowed to drag the fields with a designated and approved motorized vehicle once a day. However, the dragging of fields -- between games must be done by hand. The use of a motorized vehicle between games will not be permitted. Fields may be prepared with a motorized vehicle only between the hours of: 3:00 p.m. - 6:30 p.m., Monday- Friday 8:30 a.m. - 9:00 a.m., Saturday 10:00 a.m. - 1:00 p.m., Sunday e. Special request for motorized vehicle use to drag fields shall be made in writing. f. Failure to comply with the motorized vehicle use policy will result in the termination of the scheduled organization's permit to use such vehicle(s) for the preparation of the fields, for the remainder of their scheduled use of such facilities. 4. Modifications Any requests to modify or improve City facilities shall be submitted for approval to the City of Diamond Bar. No permanent structures or equipment shall be placed and/or erected on City facilities unless reviewed and recommended by the 19 Parks and Recommendation Commission for approval by the City Council. The modifications must be dedicated for community use. 5. Closure An annual Parks Maintenance Program is to be submitted to the Parks and Recreation Commission each fiscal year for review and comment. Such Maintenance Program shall included the following: a. Scheduled closure of parks for more than seven ('n consecutive days. b. Closure of athletic field(s) for one day recovery periods. Closure dates will be coordinated by the Community Services Department with user groups. 6. Park Restroom Policy and Schedule The following park restroom policy and schedules will apply to all City facilities: Park restrooms will be unlocked by 8:00 a.m. and will remain open until the park closes. Restrooms will also be open on weekends. Special restroom access is available upon request to the Community Services Department (909)396-5694. Restrooms will be opened for all City recreation programs. 1 .�_ . ISI t1 . z .. 1. Guidelines a. There will be no use of City athletic fields when facilities are unusable due to inclement weather as determined by the City. b. Any user failing to comply with established guidelines and proper notification is subject to claims for all direct and indirect damages and potential termination of facility use permit. 2. Procedures for Notification a. The City will be responsible for notifying users of field condition(s) and availability of use. b. The City will notify all scheduled users regarding availability of facility for use, after 2:00 p.m. Monday through Friday. 20 On weekends and Holidays, the City will be responsible for making the `~ decision regarding the facility use by 9:00 a.m. If facilities are unable to be used, temporary signs will be posted in visible locations in the parks. These signs will be removed when the fields are in condition to resume use. 3. Estimated Cost for Damage Repair or Turf Users will be charged for all direct and indirect costs incurred by the City for repair of the turf and/or irrigation systems due to failure to comply with the rain policy. Repair costs are based on actual expenses and normal City overhead. Failure to comply with the inclement weather policy can also result in the termination of user's facility use permit. 21 V. FACILITY RESERVATIONS POLICY A. The following procedures and fee schedules are annually reviewed by the Parks and Recreation Commission and approved by the Diamond Bar City Council. They regulate the use of City -owned facilities, including the Heritage Park Community Center. Equipment may also be rented in conjunction with rental or use of specific facilities. City of Diamond Bar facilities under the management of the Community Services Department are available to the public for activities and programs that meet the needs and interests of the community. The City of Diamond Bar has established these rental fees and services, based upon cost of maintenance, utilities, supervision and/or other direct costs. The City shall have the right to control and operate the facility's heating, air conditioning and common use areas, in a manner deemed best for the City. User must insure that all required codes are met. B. Identification of User Groups: 1. City Sponsored by City Council, City Departments, City Commissions/Committees or City co-sponsored meetings/seminars/conferences. There is no charge for these uses. 2. Resident Non -Profit, civic, service, athletic organizations, who conduct or sponsor non-profit, community -oriented services and activities open to the public, i.e. Boy Scouts Softball, Little League, and other groups as approved. Proof of non-profit status is required. Determination of eligibility of Resident Non -Profit may be made by the City of Diamond Bar. No fee will be charged for board or general membership meetings or registration activities. If meetings are held after normal hours of operation, weekends or City observed holidays, a fee will be charged for staff hours required to open and close the facility. All other events shall be charged according to the fee schedule. *Said events include activities for which there is a charge and/or which are not open to the general public (fund raiser, luncheons and awards ceremonies). A cleaning deposit will be required for activities which serve refreshments. *Note - Each resident non-profit organization will be allowed one use for fundraising purposes per calendar year where room rental fees are waived. 22 3. Private Parties, functions and activities not open for the general public and which are not profit -oriented. 4. Commercial, Industrial. or Professional firms, or non-resident civic organizations, including tax -supported public agencies (i.e. County, State or Federal agencies). C. Rental fees are based upon an eight (8) hour period. A four (4) hour rental may be arranged at one-half (1/2) the regular rental rate, through Community Services prior to scheduled use. D. Community Center Room use includes: tables, chairs and one (1) microphone (if available) and room set-up (set-ups arranged through Community Services at time of room confirmation). Rental fees include a City staff person(s) to open and close the building and to provide facility maintenance. E. A cleaning deposit is required of all rental groups and may not be applied toward rental fees. Deposits are paid at time of reservations and are refundable if the facility and/or equipment are left in satisfactory condition as determined by Community Services. Users are responsible for any and all damages to property or for the loss of property, plus an additional 15 % overhead charge. F. The User shall obtain, and keep in full force, at User's expense, for the mutual benefit of City and user, comprehensive, broadform, general public liability insurance providing for: 1) claims and liability for personal injury, death or property damage arising from the use, occupancy or disuse of the facility or adjoining areas and ways; 2) at least $1,000,000 bodily injury or death for any one person; 3) at least $1,000,000 one accident or occurrence; 4) the agreement shall be carried only by responsible insurance companies licensed to do business in the State of California. All such policies shall contain language to the effect that: 1) the insurer waives the right of subrogation against the City and against the City's agents and representatives; 2) the policies are primary and non- contributing with any insurance that may be carried by the City; and 3) they cannot be canceled or materially changed except upon prior written notice by the insurer to the City. In the event of any such cancellation or material change, any agreement between City and User shall terminate and be of no further force and effect. User shall furnish City with a Certificate evidencing such insurance and naming the City of Diamond Bar as additional insured at least ten (10) working days prior to User's use of the facility. Certificate of insurance issued to the City must contain the following language: THE CITY OF DIAMOND BAR, ITS ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE INCLUDED AS INSURED. THIS COVERAGE SHALL BE PRIMARY AND CITY INSURANCE SHALL NOT BE CONTRIBUTORY. THERE SHALL BE NO SUBROGATION AGAINST THE CITY. NO CANCELLATION OR MATERIAL CHANGE SHALL BE MADE WITHOUT THIRTY (30) DAYS WRITTEN NOTICE TO THE CITY. --- 23 The City has Special Event Insurance coverage which may be purchased, at the sole cost of the applicant, for an event which takes place on City owned property. Contact the Risk Manager for further information. Certificates are subject to review and approval by the City. G. Liquor Requirements 1. Serving Li uor (complimentary service) The City of Diamond Bar requires clients who will be serving complimentary liquor (i.e. hosted bar, wine service with meal) to provide Host Liquor Liability insurance coverage in an amount no less than $1,000,000. If the client's insurance cannot meet this requirement, a one -day special events policy must be purchased from the City with the fee based upon the type of event and number in attendance. Providing the required coverage is mandatory, and all other insurance requirements described in Section F above are applicable in addition to Host Liquor Liability coverage. 2. Selling Liquor Any client who will be selling liquor (i.e., cash bar, dinner and drinks for a fee) is required to provide Host Liquor Liability coverage as specified above. The insurance requirements described in Section F above are applicable in addition to Host Liquor Liability coverage. IN ADDITION, the client should note that liquor sales must, by law, be conducted by an entity licensed to do so by the Alcoholic Beverage Commission (ABC) of the State of California. If the client is not licensed, the client must contract with a licensed person to conduct any liquor sales. Any questions as to the need for and requirements of obtaining the appropriate ABC license(s) should be directed to the ABC at (714) 558- 4101, Monday through Friday, 8 a.m. - 5 p.m. The client is required to provide a copy of the appropriate ABC license(s) to the City at least ten (10) working days prior to the event at which the liquor is to be sold. H. Inspection and permits by the Fire Department to assure compliance with Public Assembly regulations may be required at the User's expense. User representative must be present during such inspection. User will be billed directly by the Los Angeles County Fire Department. Persons will not be permitted inside any facility in excess of the established capacity of that facility. The private commercial use of City Parks for profit and private gain is prohibited. 24 J. Facility Reservations shall have the right to relocate or reassign meeting rooms as it deems appropriate, at the same or reduced rental fee, but not more than what would have been charged per the room schedule. K. Reservations may be revoked at any time whenever there has been a violation of approved Rules and Regulations. L. The City of Diamond Bar will not rent, lease or allow use of its public facilities by any person or organization for a public meeting that precludes participation by any disabled person. M. City equipment shall not be removed from any facility. N. Smoking is prohibited in all pubic meeting rooms in compliance with Los Angeles County Code Chapter 28 sections 28.3 and 28.5. O. Special events or requests not covered in the above policy, must be submitted in writing and will be reviewed by the City to determine appropriate use, fees and services. P. Event staff or security will be required at all events held at Heritage Community Center at a ratio of one person per 100 or more guests and whenever alcoholic beverages are either being served or sold. Rate for event staff will be at current prevailing wage and will be in addition to rental fee. At discretion of the Community Service Director an event may require City Staff, Security Guards or Sheriffs Department Deputies. OR _ City of Diamond Bar Facility Reservation Regulations A. The reservation process must be completed at least two (2) weeks in advance of the reservation date. A reservation, once approved, shall constitute an agreement between the User and the City of Diamond Bar.. These regulations are included by reference to the Agreement and all terms and conditions of the regulations must be complied with. All applications must be signed by an authorized adult representative of user organization or private party. B. Cancellation of use must be in writing and received at least thirty (30) days prior to the scheduled event. Cancellation without proper notification will result in the forfeit of deposits. Changes in hours or conditions of use indicated on the original request must be made at least ten (10) working days prior to the scheduled event. C. No reservation will be approved until all fees, deposits, permits/licenses and insurance are obtained and paid in full. These fees and deposits shall be paid at least ten (10) working days prior to the use of the facilities. If the policies and regulations stated in this document are not observed, any reservation may be canceled immediately upon notice to the applicant, and any fee(s) previously paid may not be returned. D. Licensed catered food service is required at the Heritage Park Community Center. Exceptions to catered service must have prior approval from Community Services. NO COOKING IS ALLOWED IN THIS FACILITY. E. No signs or decorations will be taped, nailed, or otherwise attached to walls, windows, ceilings or drapes unless all decoration and the method of attachment is approved by City Staff. No rice, bird seed, confetti, or other similar items will be allowed to be thrown in or around any facility. No open flames or candles will be allowed. F. Signs, placards, pictures, advertisements, names or notices shall not be inscribed, displayed, printed or affixed on to any part of the outside of any facility without prior approval by City Staff. G. All entrance doors on the premises shall be locked when the facility is not in use. All door openings to public corridors shall be kept closed except for normal ingress and egress. 26