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HomeMy WebLinkAboutDOWNTOWN INC. (2)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OFICOUNCIL DATE: ,JAN 7 2 2013 FIRST AMENDMENT TO THE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT A-2018.301 THIS FIRST AMENDMENT TO `FIE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT is entered into this 18th day of December, 2018, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Downtown Incorporated, Inc., a California non-profit corporation ("DTI"). RECITALS A. On January 10, 2018, the City entered into the Downtown Merchants Fund Operating Agreement #A-2017-326 with DTI to create the Downtown Merchants Fund ("DMF") from a portion of downtown parking revenues for continued promotion of the downtown ("said Agreement"). The intent of said Agreement is for DTI to receive $100,000 from the DMF each calendar year that such funding is approved by City Council. B. The City hereby approves an additional $100,000 in DMF fiords for use by DTI in 2019 pursuant to the teens and conditions of said Agreement. Additionally, the City hereby approves DTI's 2019 DMF Annual Budget. C. In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to extend the term of said Agreement, add an additional $100,000 in DMF funding for the extended term of said Agreement, and incorporate DTI's 2019 DMF Annual Budget into said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Pursuant to the terms of said Agreement, the City Council approved an additional $100,000 in DMF funding for the 2019 calendar year to be utilized by DTI pursuant to DTPs 2019 DMF Annual Budget and the tenns of said Agreement. 2. Section 1.02, Term, shall be amended to read as follows: "This Agreement shall commence on the date first written above and tenninate on December 31, 2019, unless terminated earlier in accordance with sections 4.02 or 4.05 below." Section 2.01, Annual Budget and Program Report, subsection (a), shall be amended to reflect the City"s approval of DTI's 2019 DMF Annual Budget, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference. 4. Section 2.02, Bi -Annual Financial Statement and Audit, shall be amended to read as follows: "Annual Financial Statement and Audit No later than November 1 of each year, DTI shall submit to the City Manager a complete statement of DTI's revenues and expenditures and a financial audit for the preceding year prepared by an independent certified public accountant." 5. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Approval and Amendment to said Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Carvalho Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA Nk- z,� RAUL GODINEZ II City Manager DOWNTOWN INCORPORATED, INC.: Ryan Chase President Tax ID# 26-4051161 EXHIBIT A DOWNTOWN MERCHANTS FUND ANNUAL BUDGET Proposed 2019 Merchants Fund (Parking Revenue) Budget Downtown Inc. Budget Personnel Costs $42,500 Contractors/Professional Services $15,000 -- Event Producers, Program Coordinators, Production Staff Meetings/Stakeholder Groups/Training $12,500 -- Restaurant Assoc., Arts Meetings, Staff & Stakeholder Development Marketing/Promotions/Events $12,500 -- Maps, Guides, Savor Santa Ana, Artwalk Communication $10,000 -- Newsletter, Social Media, Translation, Design, Videos, Photos Office/Operations/Technology $7,500 --- Office Supplies, Web hosting, Subscription Technology/Software Downtown Inc. TOTAL: $100,000 `` Dr CERTIFICATE OF LIABILITY INSURANCE ATE o06/28/2018Y1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Eddie QUIllare8 Jr. NAME:CONTACT Eddie QUI ares State Farm Agency ,�, 1,„ 415 N. Broadway HONE TAJO-Ne,rxtI.714.617715U_ iac rlo) 714617.7158 EMAIL -_ ADDRESS: eddle@eddleglnsurance.com _.._ JSanta Ana, CA 92701NSURER 5 AFFORDING COVERAGE NAICk INSURERA: State Farm General Insurance Company 2515 rY INSURED DOWNTOWN INC INSURER B: State Farm Fire and Casualty Com an 25143 INSURER0._..__ 1,000,000Y 200 N MAIN ST FL 2 INSURER D: SANTA ANA CA 92701 INSURER E, INSURER F: 300,000 MED ESP (Any one person) $ COVERAGES CERTIFICATE NUMBER: 75-0450 REVISION NUMBER,, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (ICY LTR TYPE OF INSURANCE INSR Me R POLICY NUMBER MM DDPOLICNYYY EXP MMLDDIYYYV LIMITS A GEERAL LIABILITY rY 92•CE-933-0 O6/05I2018 O6I05/2019 EACH OCCURRENCE $ 1,000,000Y X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Z OCCUR GETO ftENTEU____ _. PREMISES Ea occurrence $ 300,000 MED ESP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 .._.,.. .__ ._..._._ GENERAL AGGREGATE It 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PR' LOC $ A AU AUTOMOBILE .__ LIABILITY Y ❑' 75-0450•X94 06!2812018 12/28/2018 COMBINED SINGLE LIMIT Eaaccident $ 1 ANY AUTO ALL OWNED I yI SCHEDULED AUTOS �I AUTOS li HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) $ 250,000 BODILY INJURY (Per acciden0 $ 500,000 _ PROPERTVDAMAGi Per accident $ -- 100,000 ComplColl Ded $ 250 A X UMBRELLA LIAR -X OCCUR Y 92•CE-Q781-7 06/0512018 06105/2019 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 2,000,000 EXCESSU a._ (CLAIMS -MADE DED X RETENNON $ 10,000 $ B WORKERS N AND EMPLO ERSELIABILODY YIN ANY PRO PRIETOR, PARTNER; EXEC U TIVE OFFICUMEMBER EXCLUDED? Y (Mandatory In NH) If yes, descdbe under NIA 92 -LH -2053-2 06/05/2018 06105/2019 7—WC-S—TAT 1 TORYLMITs X (GER 1,000,000 E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE -EA EMPL�DYEI $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 F OPERATIONS hal.. A FIOELTY BOND 1-10 92 -WV -6044-5 10/03/2017 10/03/2018 BOND -AMOUNT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Santa Ana its officers, agents, employees and volunteers are named as additional insured. Additional Insured endorsement issued for certificate holder with Wavier of Subrogation and non-contributory \i 04 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, ATTENTION RISK MANAGEMENT AUTHORIZED REPRESENTATIVE/%/ 6V Y o BRIZA MORALES © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849,7 03-01-2012 Exhibit B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: State Farm Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy Number: 92 - CE -Q933-0 relating to the following: 1. The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents; its elected and appointed officials; its officers, employees, agents, volunteers and representatives are names as additional insured with regard to liability and defense of suits arising from operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the names insured, such insurance as is afforded by this policy is primary and is not additional to or to contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is or suit is brought except with respect to the company's limit of liability. This inclusion of any person or organization as an insured shall not affect any right which is such person or organization would have as claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective May 16, 2018 this endorsement form as a part of Policy Number: 92 -CE -Q933-0 Issued to Downtown Incr n; Countersigned by CI Authorized Representative A o>Ro CERTIFICATE OF LIABILITY INSURANCE ovo 120 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eddie QUIIIareS Jr. State Farm Agency 415 N. Broadway ,���., Santa Ana, CA 92701 NAMEACT Eddie QUIIIareS PallHONE . 714.617.7150. aIc Nn :714.617.7158 EMAIL ADDRESS: eddleCcDeddletTinsurance.com INSURER(St AFFORDING COVERAGE NAIC# INSURERA: State Farm General Insurance Company 25151 INSURED DOWNTOWN INC 204 E 4TH STREET STE T SANTA ANA CA 92701 INSURER B: State Farm Fire and Casualty Company 25143 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 75-0450 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INNER LTR I TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYI' LIMITS A GENERAL LIABILITY�� 92-CE-Q933-0� 06/05/2018 06/05/2019 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR DAMAG RE ED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO IET F LOC $ A AUTOMOBILE LIABILITY 6215237-F28-75 12/26/2018 06/2812019EaeBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ 1,000,000 ANY AUTO ALL OWNED SCHEDULED AUTOS y` AUTOS BODILY INJURY(Pm.eNd.m) $ 1,000,000 X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ 1,000,000 A X UMBRELLA LIAR X OCCUR ❑Y ❑Y 92 -CE -Q781-7 06/05/2018 06/0512019 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 2,000,000 EXCESS DAB CLAIMS -MADE DED I X RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR' PARTNEREXECUTIVE OFFICE/MEMBER EXCLUDED? YY N I A 92 -CE -R552-3 06/05/2018 06/0512019 WDC STATUS X OTH 1,000,000 EL EACH ACCIDENT § 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, deecdbe antler E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESQEIET[QN OF OPERATIONS below A FIDELITY BOND FYI 92 -WV -60445-F 10103/2018 10/03/2019 BOND -AMOUNT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Santa Ana its officers, agents, employees and volunteers are named as additional insured. Additional Insured endorsement issued for certificate holder with Wavier of Subrogation and non-contributory ki ny CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 ATTENTION RISK MANAGEMENT BRIZA MORALES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1oRR-2nln Annpn cnppnPATlnhI ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1OW486 132849.7 03-01-2012 Exhibit B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: State Farm Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy Number: 92 - CE -Q933-0 relating to the following: The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents; its elected and appointed officials; its officers, employees, agents, volunteers and representatives are names as additional insured with regard to liability and defense of suits arising from operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the names insured, such insurance as is afforded by this policy is primary and is not additional to or to contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is or suit is brought except with respect to the company's limit of liability. This inclusion of any person or organization as an insured shall not affect any right which is such person or organization would have as claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given The City of Santa Ana Its Boards, Commissions, Officials, Employees, and Agents (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective May 16, 2018 this endorsement form as a part of Policy Number: 92 -CE -Q933-0 Issued to Downtown Inc Countersigned by Authorized Representative