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HomeMy WebLinkAboutSANTA ANA BUSINESS COUNCIL (2)INSURANCE NOT ON FILE WORK MAY NQT PROCEED CLERK OF COUNCIL DATE: O- l(1aLz)-J,,,t;z custw tuvdan«J SECOND AMENDMENT TO THE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT FOR SANTA ANA BUSINESS COUNCIL A-2019-233 THIS SECOND AMENDMENT TO THE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT is entered into this 3'd day of December, 2019, 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. On December 18, 2018, the City entered into a First Amendment to said Agreement with SABC in order to extend the term, add funding, and incorporate the annual budget for 2019. C, The City hereby approves an additional $100,000 in DMF funds for use by SABC in 2020 pursuant to the terms and conditions of said Agreement. Additionally, the City hereby approves SABC 's 2020 DMF Annual Budget. D. 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 SABC's 2020 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 2020 calendar year to be utilized by SABC pursuant to SABC 's 2020 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, 2020, 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 2020 DMF Annual Budget, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference. 4. 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: e DAISY GOMEZ Cleric of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ry O. HUlge Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDG City Manager SANTA ANA BUSINESS COUNCIL,: R Yan President EXHIBIT A DOWNTOWN MERCHANTS FUND 2020 SANTA ANA BUSINESS COUNCIL ANNUAL BUDGET SUBUNE ITEMS BUDGET Expenditure Plan Professional/Contractors 46.950.00 Professional Services 7,800.00 Office & Administration 700.00 Books & Subscriptions 600.00 Meetings & Education 3.750.00 Printing 3.000.00 Events/Marketing Regional Food Event Savor 2020 2,500 Regional Education Event Boca de Oro 2.500 Regional Media Event Le: Santa Ana Media Summit 1,500 City Wide Arts Event i.e: Art Round Tables 11000 Downtown Business Event Downtown .Annual Forum 2,500 Downtown Retail Event i.e: Bridal Expo 2,.500 Educational Pipeline Event i.e: Downtown Threads Fashion Shaw 2000 Downtown Place Making i.e: Banners, Plants, Parkiefs, lights 2.500 City Wide Community Event ke: Santa Ana Street Breakfast 2,500 Miscelloneous Event Pap-Up/Event Opportunity 2,000 Marketing 10.000.00 Sponsorships 5,700.00 TOTAL. 100.000.00 A`�lY CERTIFICATE OF LIABILITY INSURANCE °11/1 o s' 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 endomement(s). PRODUCER Eddie QuillareS Jr. State Farm Agency D 415 N. Broadway Santa Ana, CA 92701 NANQEddie Quillares Eag• 714.E 7.7 FAx N _ R : eddie addle insurance.com INSURER(Sl AFFORDING COVERAGE NAIC0 INSURER A: State Farm General Insurance Company INSURED SANTA ANA BUSINESS COUNCIL, INC. INSURER B: State Farm Fire and Casually Company 25143 INSURER C: 400 E 4TH ST SANTA ANA, CA 92701-4668 INSURUD: INSURER E: INSURER F: cnvooecFc CFOTIFICATF w1NIRFR-7v Rh 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. I`SR TYPE OF INSURANCE UCYRUMBER POLICYE PO YEXP UNITS A GENERAL LIABILITY Y Y 92-GT-PO08-7 12/01/2019 12/01/2020 EACH OCCURRENCE f 1.000.000 PREMISES Eaaavrtmce s 300•000 X COMMERCIAL GENERAL UABIUTY MED EXP( onspeson) f 5•� CWYf-MADE �OCCUfl PERSOHALaADVINIIJRY s 1.000,000 X BUSINESS INCOME GENERAL AGGREGATE S 2,ODO,000 GENY AGGREGATE UMIT APPLIES PER: PRODUCTS -COMMOPAGG S 2.000.000 a X POLICY M LOC A AUTOMOBILE LIABILITY 6215237-FZB-75 12/01/2019 12/01/2020 UUMNED Es Aa ern L uMIT s BODILY INJURY (Par ;w ft) S 1,000.000 ANY AUTO BODILY INJURY(Per accident) f 1,000,000 ED �EOULED A1LLO NON )MEDOS HIRED AUTOSAUTO$ r M f 1,000,000 S UMBRELLA LV18 OUR EACH OCCURRENCE s AGGREGATE S E%CESS LIMB CLAIMS#UDE DIED RETEWION5 $ B ioYEC� aluTr 92- iT-PO7M9 12/01/2019 1210112020 TA O X ER 1OD0ODO awaoB YIN ANY PROPRIETORIPARTNEF/EXECUTIVE EL EAGI ACCIOEM i 1.0DD,ODD Y E.l DISEASE • EA ENPL i t,000,000 OFFICF/MEMBER UCWDED7 Y❑ NIA (Yenanory In NH) EL DISEASE -POLICY LIMIT s 1.000.000 If yee, aurae wen A DIRECTORS AND OFFICERS UABIUTY Y Y 259034 12/01/2019 12/0112020 S1.010.000 EMPLOYEE PROFESSIONAL UNIIILItt DESCRIPTION OF OPERATbNS I LOCATIONS I VEHICLES (AWM ACORD 101, AddMaW Remorse SeheduM, M nwn epau M rpuln47 Location: Plaza Calle Cuatro, East End Promenade, 100 East Alley, 200 East Alley, East End Promenade, 400 West 4th SEWED & APPROVE City of Santa Ana its officers, agents, employees and volunteers are named as additionally insured. B Risk M ACIEMENT DNISIO Additional insured endorsement Issued for certificate holder ydth waiver of subrogation and non-contributory. Certificate of insurance shall provide thirty (30) day prior written notice of cancellation 2019 CERTTICATE HOLDER CANCELLATION _\�. �- _ CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RISK MANAGEMENT DIVISION ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA 4TH FL AUTHORIZED SENTATNE SANTA ANA, CA 92702 © 1 .2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and lwwln, registered rks of ACORD 1001486 132849.7 03-01-2012 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 92-GT-PO08-7 Named Insured: SANTA ANA BUSINESS COUNCIL, INC. Additional Insured (include address): CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. ® The Primary Insurance coverage below applies only when there is an "X" in the box. Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. REVI ED & APPROVED Py RISC fANAGEMEM DIVISION 161U19 M. LAMBERT POLICY NUMBER: WORKERS COMPENSATION 92-GT-PO14-9 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US Policy Number: 92-GT-PO14-9 Named Insured: Downtown Inc SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Information required to complete this Schedule, if not show above, will be shown in the Declarations. The following is added to Paragraph 10.b. of SECTION 1 AND SECTION II — COMMON CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for any injury arising out of: a. Your ongoing operations; or b. Your work done under contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other policy provisions apply. RE ED"APPROVED RIS ANAGEMENT DIVISI9N FE-6671 ®, Copyright, State Farm Mutual Automobile Insurance Company, 2008 A c 2019 Includes copyrighted material of Insurance Services Office. Inc., with its permissio U M. LAMBERT