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HomeMy WebLinkAboutSANTA ANA BUSINESS COUNCIL (3)INSURANCE ON FILE WORK MY PROCEED UN'(IL IN5 JRANCE EXPIRES Cl ERK 0 C N lL LATE: J,AN t, n2 2010 �0% cgkk 74\Aa Vv FIRST AMENDMENT TO THE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT A-2018.302 THIS FIRST AMENDMENT TO THE DOWNTOWN MERCFIANTS 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 the Santa Ana Business Council, a California non-profit corporation ("SABC"). RECITALS A. On January 11, 2018, the City entered into the Downtown Merchants Fund Operating Agreement #A-2017-327 with SABC 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 SABC 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 funds for use by SABC in 2019 pursuant to the terms and conditions of said Agreement. Additionally, the City hereby approves SABC's 2019 DMF Annual Budget. C. In accordance with the terns 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 SABC'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: 1. 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 SABC pursuant to SABC's 2019 DMF Annual Budget and the terms 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 terminate on December. 31, 2019, unless terminated earlier in accordance with sections 4.02 or 4.05 below." 3. Section 2.01, Annual Budget and Program Report, subsection (a), shall be amended to reflect the City's approval of SABC's 2019 DMF Annual Budget, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference. 0 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, SABC shall submit to the City Manager a complete statement of SABC'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: Clerk of the Council APPROVED AS TO FORM: Sonia Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA ��k- z, RAUL GODINEZ R City Manager SANTA ANA BUSINESS COUNCIL: Radl Yanez / President Tax ID# 90-0975204 EXHIBIT A DOWNTOWN MERCHANTS FUND ANNUAL BUDGET Santa Ana Business Council Budget Administrative/Personnel Costs $18,000 -- Consulting Services Contractors/Professional Services $23,300 -- Grant Writer, Specialized Nonprofit Accountant Meetings/Stakeholder Groups/Training $20,000 -- Entrepreneurship and Small Business Education Development Marketing/Promotions $9,700 -- Building Downtown Business &Community Engagement Team, Internship Program Events/Entertainment/Sponsorships $14,000 -- Downtown Activation, Circulation, Flows, Urban Tacticalism, Pilot Projects Communication $15,000 -- News, Print Media, Photography, Videography, Social Media Support Services Santa Ana Business Council TOTAL: $100,000 AC"RDr CERTIFICATE OF LIABILITY INSURANCE D ��MMIOD 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the PRODUCER [CO NTACT MikeMS: Michael Rodgick(971832A) 94, MIL_. 196 Technology Or Ste B DRESS, mm, INSURED CA 92618-2433 SANTA, ANA BUSINESS COUNCIL, RER0: Mid CenturnInEurap ce Company j 21687 400 E. 4TW STREET �Nl RER 0: State Fund nea E: Travelers Insurance LL 31994 COVERAGES CERTIFICATE NIIMIF$FR• omlICHAM MIUM10=12'• 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 CONOITION 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 SY PAID CLAIMS. — .—POLIGP F POLICYEXP AUBL @ .—.---- TR TYPE OF INSURANCE � p00CY NUMBER MMMDIYYV M LIMITS GENERAL DABILITY �GOMMERCIALGENERAL LIABILITY ! I EACH OCCURRENCE $ 11000,000 DAMAGETOft1VTE0---"_"�""'_.-.._ --1 XOCCUR I PRl_MISE�^,(Ea otxarrtenca �, $ _1000000 CLAIM&MAR@ > Y N j eomm396 i 12/07/2019 MED EXP(Any onepammn) I$ 10,000 112107/2018 P RSONAL& ACV INJURY _$ 1000000_ AGGREGATE GENL AGGREGATE LIMIT APPLIES PER: 1 PRODUCTS CQM'OF AGO1$ 2000,000 POLICY PRO,JECT 1 LOG AUTOMOBILE LIABILITY ! � ( � COMBINED aINGLE LIMIT ; j,lEa acpaea�J,__ is 1000,000 ANY AUTO 1 900I4Y INJURY (Par r.mon) IS _ ALL OWNED SCHEDULED B AUTO$ AUTOS NON -OWNED HIRED ALTOS I� AUTOS - ( 606503396 i1211712118 12107/2119 J — BODILY INJURY(P,ornddant)i S y PROPERTY DAMAGE tlont_ is UMBRELLA LIAR i !OCCUR j ' I EACH OCCURRENCE $ ...y EXCESS UA@ I CLAIMSMAOE, AGGREGATE ,$ DEO : RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU OTH V IW��T�— IANYPROPRIETORIPARTNERIEXECUTIVE YIN D OrFICCRNIEMReR EXCLUDED? ❑' j 908i384 :12110/2018:9211012019 ( �ELEACH ACCIDENT % 1000,000 - ... .NIn (Mandatoryin NH) I I 1 @ 4 DISEASE, EA EMPLOYER $S 1,000,000 If yes, dosaibounder CEl DESGRIPTIONOFGPERATIDNSba:pw DISEASE POLICY UMITi$ 1,000,000 Fidelity Bond 6,000 SIR $500,000 E ' D&0 I 106032811 12/10/2018 12/1012019 1,000 SIR $1,000,000 EPL 1,000 SIR $1,00%000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attech ACORD 101, Additional Remarks Schedule, it more space IS mgairen) 400 E. 4TH STREET, SANTA ANA, CA 92701 CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS FOR GENERAL LIABILITY b PURPOSES. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, WITH THIRTY (30) DAYS NOTICE OF CANCELLATION, EXCEPT 10 DAYS FOR NONPAYMENT OF PREMIUMS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PU ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92701 I , 7 -1 I The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 605503396 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: POLICY SCHEDULE* State or Political Subdivision: CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS The following is added to Paragraph C. WHO IS AN a. The existence, maintenance, repair, construc- INSURED in the Businessowners Liability Coverage tion, erection, or removal of advertising signs, Form: awnings, canopies, cellar entrances, coal 4. Any state or political subdivision shown in the holes, driveways, manholes, marquees, hois- Schedule is also an insured, subject to the follow- laway openings, sidewalk vaults, street ban- Ing additional provision: ners, or decoration and similar exposures; This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: Is. The construction, erection, or removal of ele- vators; or c. The ownership, maintenance, or use of any elevators covered by this Insurance. Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. BP 04 07 0187 Copyright, Insurance Services Office, Inc., 1985 Page 1 of 1 0 POLICY NUMBER: 60550-33-96 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF SANTA ANA * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Sched- ule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ Attach to your policy with the same policy number shown on this endorsement. ENDORSEMENT Effective Date08/17/17 60550-33-96 Policy Number of the Company designated in the Declarations CITY OF SANTA ANA. ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS IS ADDED AS ADDITIONAL INSURED FOR PRIMARY AND NON CONTRIBUTORY COVERAGE USING THE FORM "ADDITIONAL INSURED - OWNERS, LESSEE OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. COUNTERSIGNED (Date) FARMERS INRRRAN(F1 �l 91-0002 (E 0002) 1ST EDITION 3-88 CERTIFICATE OF LIABILITY INSURANCE I DATE 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 INSUREDS), 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 ileu of such ondorsement(s). PRODUCER Michael Rodgick(971832A) 196 Technology Dr Ste B INSURED SANTA, ANA BUSINESS COUNCIL, �IN uREn c: Mid Centurry nsurar 400 E, 4TH STREET _URERD: State FuuRER E, Travelers Insurance r474:iif367�ii�dlillTifl�:i 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. _ INSRPOLICY F POLICYEXP 7 (MWDD TR TYPEOF INSURANCE POLICY NUMBER OIYYY(I^ UNITS LIABILITY I��-G---E; EACH OCCURRENCE S 1,000,000 yNyERAL XICOMMERCIAL GENERAL LIABILITY DAMAGE OWeNfESI " PREMISES dt4gerom-FE) I B ` r LLj CLAIMS -MADE E OCCUR k Y N' Bp5503395 I ! 12107t2018 j 12/07/2019 MEtl EXP Any one arson PERSONAL &ACVINJURY S 10,000 9 1,OOQ,000 i GENERAL A44REGATE S 2,000,000 GEN'LAGORC4ATE LIMIT APPLIES PER: FRO- I PRODUCTS AGO S 2,000,000 POLICY IF JECT LOC ( S B AUTOMOBILE LIABILITY ANY AUTO __ ALLOWNED SCHEDULED AUTO$ _ AUTOS X NON•OWNED HIRED AUTOS /\ AUTOS I - ( 605503396 112107/2018, I 12/07/2019 COMBINED SINGLE LIMIT L(Ea-mp t)--------- BODILY INJURY (Per Pemon} i �6000.Y1NJURv iPar aeddant) PROPERTY NAMAGE 1Per occidon9___ I S 1,pp0,Qp0 S "— —" s $ _ s UMBRELLA UAa I 'OCCUR C I I EACH OCCURRENCE IS EXCESSUAa CLAIMa•MADE ...__-a ,.. ' ___._._1 1 I I I ! '. I -AGGREGATE _. !S j 9ED RETENTION S I WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY YIN, I V WC STATU- OTH� _ �S9RY.IJMITS. D ANYCCMALETOR EXCLUDED? CUTIVE _CF7ICEorymN REXCLUOEDi , NIA 9Q81384 1271 pj2p18 12/1 Ql2Q19 E L EACH ACCIDENT — — S 1 p00,p00 — - - -(Mandatory In NN) ! 1 ( I pl bIBEASE-FA EMPLOYERS 11006600 Ryes, daocriunder DEBDRIPTIGNOF OPERATIONS babes ) I I ` E.L. DISEASE POLICY LIMITIS 1,pQp,000 Fidelity Bond 5,000 SIR $500,000 E D&O ( 1 100032811 12/10120181121i Qt2019 1,OQ6 SIR $1,000,000 EPL I 1,000 SIR $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attend, ACORN 101, Additional Remarks Scl o ludo, it more space is required) 400 E. 4TH STREET, SANTA ANA, CA 92701 CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS FOR GENERAL LIABILITY PURPOSES. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, WITH THIRTY (30) DAYS NOTICE OF CANCELLATION, EXCEPT 10 DAYS FOR NONPAYMENT OF PREMIUMS \ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLZ ACCORDANCE WITH THE POLICY PROVISIONS. ....-..._�.�n...,e............... AUTHORIZED REPRESENTATNE SANTA ANA CA 92701 ..-., _ - - - , // rrJ - f 25 (2010105) ©1988-2010 ACORD 01 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 605503396 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: POLICY SCHEDULE* State or Political Subdivision: CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS The following is added to Paragraph C. WHO IS AN a. The existence, maintenance, repair, construc- INSURED in the Businessowners Liability Coverage tion, erection, or removal of advertising signs, Form: awnings, canopies, cellar entrances, coal 4. Any state or political subdivision shown in the holes, driveways, manholes, marquees, hois- Schedule is also an insured, subject to the follow- taway openings, sidewalk vaults, street ban- ing additional provision: ners, or decoration and similar exposures; This insurance applies only with respect to the b. The construction, erection, or removal of ele- following hazards for which the state or political vators; or subdivision has issued a permit in connection with c. The ownership, maintenance, or use of any premises you own, rent, or control and to which elevators covered by this insurance. this insurance applies: Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. BP 04 07 0187 Copyright, Insurance Services Office, Inc., 1985 Page 1 of 1 0 POLICY NUMBER: 60550-33-96 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE" Name Of Person Or Organization: CITY OF SANTA ANA " Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Sched- ule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ Attach to your policy with the same policy number shown on this endorsement. ENDORSEMENT Effective Date08/17/17 60550-33-96 Policy Number of the Company designated in the Declarations CITY OF SANTA ANA. ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS IS ADDED AS ADDITIONAL INSURED FOR PRIMARY AND NON CONTRIBUTORY COVERAGE USING THE FORM "ADDITIONAL INSURED - OWNERS, LESSEE OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. COUNTERSIGNED (Date) @RMFRS /iRIURRN[@ �L'Q cR�raxna®6c.�r 91-0002 NE 0002) 1ST EDITION 0-88