HomeMy WebLinkAboutDOUBLETREE HOTEL SANTA ANA/ORANGE COUNTY AIRPORT 7 -2008INSURAnoE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES N-2008-163
5 CJ-~"l
CLERK OF COUNCIL
DATE: ia-IR-o~'
SPECIAL EVENT AGREEMENT
THiS AGREEMENT made and entered into this 23`s day of September, 2008 by and
between the Doubletree Hotel Santa Ana/Orange County Airport (hereinafter "Doubletree"), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
holding special event banquets.
B. Doubletree represents that it is able and willing to provide such services to the City.
C. [n undertaking the performance of this Agreement, Doubletree represents that it is
knowledgeable in its field and that any services perfomded by Doubletree under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
I. SCOPE OF SERVICES
Doubletree shall provide event services, including catering, servers, sound system and
facility, as set forth in Exhibit "A" attached hereto, for the Santa Ana Police Department
Awazds Banquet to take place at the Doubletree Hotel Santa Ana/Orange County Airport,
on April 17, 2009 (hereinafter "said Event"}. Doubletree services shall include:
• Use of meeting room.
• Provide tables, seating and equipment, including the sound system and podium;
• Catering of the event, including preparation and service, for approximately 300
people;
• Cash baz with bartender
• Parking, including valet parking
• Set up, take down and clean up of said Event.
Z. COMPENSATION
a. City agrees to pay, and Doubletree agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended pursuant to this
Agreement shall not exceed $25,000.00 during the term of this Agreement.
b. City shall make payments and deposits as set forth in Exhibit A. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2009, unless terminated earlier in accordance with Section 11, below. The term of this
Agreement may be extended upon a writing executed by the Chief of Police and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Doubletrce shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create anemployer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Doubletree performs the services which are the subject matter of this Agreement; however, the
services to be provided by Doubletree shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Doubletree shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similaz taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Doubletree shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability [nsurance. Doubletree shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insureds) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Doubletree's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverag eaPn the total amdou of $1 000,000 per
including death resulting therefrom, and property damag >
occurrence. Doubletree shall supply City with a fully executed additional insured endorsement
in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Doubletrce, if Doubletree has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to commencing
the performance of the work under this Agreement, Doubletree agrees accident and maintain any
employer's liability insurance with limits not less than $1,000,000 Per'
c. The following requirements apply to the insurance to be provided by Doubletree
pursuant to this section:
(i) Doubletree shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
d. If Doubletree fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to famish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement.
6. INDEMNIFICATION
Doubletree agrees to and shall indemnify and hold hazmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief aiising out of claims for
personal injury, including health, and claims for property damage, which may ents, em to ees,
direct or indirect operations of Doubletree or its contractors, subcontractors, ag p Y
or other persons acting on their behalf which relates to the services described in section 1 of this
Agreement. Doubletree further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected ust com ensation,
regazding any action by a third parry asserting that personal injury, damages, j p
restitution, judicial or equitable relief due to personal or property rights arises by reason of the
terms of, or effects arising from this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding.
7. CONFIDENTIALITY
If Doubletree receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Doubletree agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care.
g, NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copy to
Chief of Police
60 Civic Center Plaza (M-97)
Santa Ana, California 92701
facsimile (714) 245-8007
To SAPAEC: Doubletree Hotel
Catering Services
201 East MacArthur Blvd.
Santa Ana, California 92707
facsimile (714) 825-3320
Attn: Tori Dileno
Catering Manager
9. EXCLUSIVITY AND AMENDMENT
This Agreement, with the attached Exhibit A, represents the complete and exclusive
statement between the City and Doubletree, and supersedes any and all other agreements, oral or
written, between the parties. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Doubletree. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Doubletree norothe~Cio .
Each party to this Agreement acknowledges that no representafoonanione atin on behalf of any
agreements, orally or otherwise, have been made by any party, Y g
party which are not embodied herein.
10. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Doubletree,
Doubletree may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
11. TERMINATION
This Agreement may be terminated by the City upon ninety (90} days written notice of
termination, as set forth in Exhibit A.
12. DISCRIMINATION
Doubletree shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Doubletree affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
13. NRISDICTION -VENUE
This Agreement has been. executed and delivered in the State of Califomia and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
14. MISCELLANEOUS PROVISIONS
Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injurieo= Sr d ~a wn.
City in the event that such authority or power is not, in fact, held by the signatory
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IN WITNESS W HEREOF, the parties hereto have executed this Agreement the day and year
first above written.
ATTEST:
PATR[CIA E. HEAL
City Clerk
CITY OF SANTA ANA
-~ ~U w~
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: ~ <% i
La Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
PAUL M. WALTERS
Chief of Police
DOUBLETREE HOTEL
SANTA ANA/ORANGE
COUNTY AIRPORT:
~~
TORT DELINO
Catering Manager
Tax I171k
Cf(
CATERING EVENT CONTRACT DOUSLETREE
Prepared on August 19, 2008 HOT n'
Commander Jose Gonzales
SANTA ANA POLICE
60 Civic Center Plaza Police Department I M-96
Santa Ana, CA 92702
\~""1 ~ ",''''
O"'~~l;f LOI,,,n ^,lI;r~'Rr
DEPARTMENT
Dear Cpl. Gonzales:
The DoubleTree Hotel Santa Ana/Orange County Airport is honored to be hosting your up
coming event. A satisfied customer is our goal. We will strive to provide you with service that
exceeds your expectations.
FUNCTION SPACE:
Based on your requirements as you have indicated them to be, the DoubleTree Hotel is
pleased to offer the following arrangement for your program: Specific meeting room(s) cannot
be guaranteed and are subject to change.
Date Time Event Set Up Attendees Room
Rental
April 17, 6:00 PM - Cocktail Other 300 $0.00
2009 7:00 PM Receotion
April 17, 6:00 PM - No Host Bar Other 300 $0.00
2009 11:00 PM
April 17, 7:00 PM - Dinner Rounds of 10 300 $0.00
2009 11:00 PM
PAYMENT ARRANGEMENTS:
A non-refundable deposit of $1 ,000.00 is required to reserve requested date and space on a
definite basis and begin the planning of your special event.
At this time, a form of payment is requested for our Accounting file. For your convenience, a
credit card authorization form has been included for completion and placed with our Accounting
file as a guarantee form of payment. Your event's balance must be paid in full three (3) days
prior to your arrival. All deposits and payments are non-refundable and will be applied towards
your final balance as satisfied.
MINIMUM GUARANTEE:
Based on the approximate number of guests set forth above, the minimum revenue guarantee
in food and hosted beverage outlined below is required for the contracted space to be reserved
for your event. It is agreed by both parties this amount is a financial commitment that SANTA
ANA POLICE DEPARTMENT is responsible for:
MINIMUM REQUIRED REVENUE: $7,600.00
This minimum revenue does not include (21%) service charge, (7.75%) sales tax,labor
charges, audio visual, or any other miscellaneous charges incurred. Should your final count
drop below the approximate number of guests listed above, we will be happy to advise you on
additional alternatives in food and beverage which will bring you to the agreed upon minimum
revenue figures for your function.
7
FOOD & BEVERAGE:
The DoubleTree Hotel Santa Ana/Orange County Airport is pleased to offer a 10% discount
on the dinner entree for the SANTA ANA POLICE DEPARTMENT.
The DoubleTree Hotel Santa Ana/Orange County Airport will set up (1) cash bar. In the
event that the minimum bar guarantee of $400.00 per bar is not achieved, a labor charge of
$75.00 plus 21% service charge and 7.75% sales tax per bar will apply.
CANCELLATION CLAUSE:
The client agrees that should it cancel its event for any reason, including changing its meeting
site to another hotel, that the DoubleTree Hotel Santa Ana/Orange County Airport will suffer
damages. The closer in time to the date of your event that a cancellation occurs, the less likely
it is that the DoubleTree Hotel Santa Ana/Orange County Airport will be able to replace any or
all of your business with comparable business.
Cancellation between date of signing until six (6) months before event date: 10%
Cancellation between six (6) months and four (4) months before event date: 25%
Cancellation between four (4) months and (2) months before event date: 55%
Cancellation less than (2) two months before event date: 75%
Cancellation with in 30 days of your event will be: 100%
GUARANTEED ATTENDANCE:
In better preparation for private functions, a confirmation of your final attendance will be required
no later than 10:00AM (3) working days prior to the commencement of the function. This
number will be considered a guarantee, not subject to reduction, and charges will be made
accordingly. The Hotel cannot be responsible for service to more that five (5%) percent over the
guarantee for groups of 400 and above; and three (3%) percent for groups of 399 and below.
SERVICE AND LABOR CHARGES:
All purchases, charges and fees are subject to a 21% service charge and 7.75% sales tax.
FOOD CONSUMPTION:
In order to control the quality of products served on our premises, and to ensure that all legal
requirements concerning health department and governmental regulatory agencies are met in a
professional manner, we must insist that no food or beverage to be brought into the facility or
removed from the facility by the patron or any guests or invitees of any function. Buffet dinners
are limited to 30 minutes of service after the last table is served.
PARKING:
The DoubleTree Hotel Santa Ana/Orange County Airport is pleased to provide the ultimate in
conveniences with our automobile Self and Valet Parking services for your guests. The current
per day charge is $10.00 per vehicle for Non-Hosted Valet and $8.00 per vehicle for Hosted
Valet. Self parking is complimentary upon availability. OVernight parking is not included in this
rate. Parking rates are subject to change without notice.
8
. .
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
~ 0'
Insurance Company \^. ~1\ ~ ~~~ b~
This endorsement modifies such insurance as is afforded by the provisions of Policy
# \, 7,02- "" ?-'i; l'<\ 'f,;:>6relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270]; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the 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 named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
OS:-(C\/DX - os-leI 10"-
(,':',">?--''\2-% "" e",<o.
fO^L-f'- '<\9~~;~..};Sj c~
i.l . N ed nsured
, this endorsement form as a part of
Countersigned by
]0
Page 2 of4
From:KatJe Marr faxlD:
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 KU 1- DATE IMMJDDIY"r1'YI
PACI009 12/16/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(PA) Heffernan xnsurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
180SA Embarcadero Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palo Alto CA 94303
Phone: 650-842-5200 Fax:650-842-5201 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSU:<ERA Tu..,.l.u prop.rty CIl$ualty Co 25674
Pacific Hos~ita~ity Groug' Inc INSI..1i<ERB
Im~erial Ho el Grou~, LL INSIJrtERC
DB : DoubleTree San a Ana
201 East MacArthur Blvd. INSI..T?ER D
Santa Ana, CA 92707
INSI.JKERE
THE POLICIES Of INSURA.'lCE LISTED BELOW HAVE BEEN i"6<;;lJED TO THE IN'~URE~ NAMFDABOVE FOR THE paler PERIOD INDICATED. NOlVVlTHSTANDING
ANY REOL'IREMENT. TERM OR CONDITION OF "NY CONTRACT OR OTHER COCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUE:UECT TO.I\l..L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUa-l
POLICIES AGGREGATE LIMITS SHOWN MAY HA.VE BEEN REDUCED 81' PAID CLAltIIS
LTR NSR TYPE OF INsuRANCE POLICY NUMBER DATE I~r8DNv) D~TE' (MMlDDJYYf UMITS
~NERAL LIABlLllY EACH QCCURf:iENCE '1,000,000
A X COMMERCIAL GENERAL LIABILITY 6302928M836 05/01/08 05/01/09 PREMISES lE~<:;~CllrerKeJ $ 300,000
I CLAIMS MflDE o OCCUR MEO EXP (Any o.'le per'ion) .5,000
I-- PERSONAL & AD\I INJURY $ 1,0001000
e- GENERAl A(;GREG,A,TE .2,000,000
(,EN'L ACGREGATE LIMIT tlPPL'ES PER PRODUCTS. CQMP/OP A,GG $ 2,0001000
I P'JL\CY' n ~g;- r\ LOC Emp Ben. 1,000,000
AUTOMOBILE UABIUTY COMBINW SINGU:: LIMIT
.......-... $ 1 J 000 1 000
A ~- ANY AUTO 8102928M836 05/01/08 05/01/09 lEa accident)
.---.---------.-.- --.-.-.-.--.---.-.---
ALL oWNeD AuTOS BODilY INJURy'
.-. $
SO"'EDUlEOP,uTOS IPerp~90n\
- -----...-....-... ......-,......-......-.........- .....----
~ HIHED A.\J'OS BODILy INJUR'1'
$
I-~ N01'J..OWNED AUTCS (Peraccloent)
1------------- -,--,-,-,---_._'--'-
- --""--" .- --",,,,,,,,-,,," - . PfWPERTY DAMAGE $
. .,,/ IF'ilrac,ejoent)
~rE L~BIUTY AUTO ONe Y ,. FA ACCIDENT .!..-.........
);:;/ ^ dtll / / ") '--"'"'--''''''''-''' -""''''---''- .--."....,-.--.
ANY NJfO OTHER n-IAN EAN:.C ,
-. - AUro ONLY -'''''''' --,...-,---'''''---
- AGG .
EXCESS/UMBRELLA LIABILITY (/UV ! f:A.CH OCCURREJK.E .
~OCCUF" e--] , .--..-...---.-..-..-....- ..-....--.--.
_.m CLAIMS tJADE" .::-~~~_...-,""-",-,,,- ~.._...._.__._--_..-
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:=1 DEDUeTl.,.E .-..---..-.--.-.-
.
----....-....-----"-'---"'-'-" --..-..---.---..-.-.-
RETENTION I .
WORKERS COMPENSATION AND ITORYL'~I'TS I I'ER
EMPLOYERS' LIABILITY
ANV PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT .
OFFICER/MEMBER EXCLUOED""! E.L DISEASE... E.A EMPLOYEE ,
it..",s,descnbelJllder
SPECIAL PROVISIONS below E L DISEASE - PQLlCY Llt,1IT .
OTl-lER
DESCRIPTION Of OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Event for the Santa Ana police Department - April 17th, 2009
The city of santa Ana; its officers, empl.oyees, agents, vol.unteers and
representatives are named as Additional Insured on the General Liability
policy with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured. . .cont.
CITY004 SHOULD ANY OF THE ABOVE DESCRIBED POLlCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
COVERAGES
The city of Santa Ana
20 Civic Center Plaza
santa Ana, CA 92701
@ACORDCORPORATlON1988
ACORD 25 (20011081
From:K.atle Marr FaxlO:
Page 3 of 4
NQt,~~~q:tJ ~~Rt~f~~el.
Additional Insured Endorsement attached.
and non-contributory.
*Except 10 days notice for non-payment of premium.
primary
From:l<..atie Marr FaxlD: Page 4 of 4
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: P_630_292BM836-TlL-08 ISSUE DATE: 12-17-08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of person or organization:
THE CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA
CA 92701
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect 10 liability arising out of your acls or omissions.
CGT4911188
Copyright, Insurance Services Office, Inc., 1984
Page 1 of 1
Page 1 oroll
From:K.atle Marr faxlD:
~~
HEFFERNAN INSURANCE BROKERS
;.. r..'"~nIHII olll"1! --lefloeIHJ"' Gr(1~I;l
Heffernan Insurance Brokers
1808A Embarcadero Rd.
Palo Alto, CA 94303
Phone Number: (650) 842-5200
Fax Number: (650) 842-5201
License # 0564249
F:4X TRANSMITTAL
Date: 12/18/200809:22:24 AM
To: Santa Ana police Department
Attn: Cory Fuller
Fax #: (714) 565-4020
From: Katie MalT
# of Pages: 4
Subject: Certificate ofInsurance and Endorsement
COMMENTS:
Hi Cory,
Please see attached the revised certificate with endorsement. I apologize for the delay, I hope the event is a
success!
Kind Regards,
Katie
If this fax is incomplete or difficult to read, please cm!: (650t 842.5200
The infonn"'ion ,ont,,;ned in this fuco;imile tr"""",,ffion I' legally privileged and confidenti>>L intended only fo; the addressee. Any me, "view,
dl'tribution or copying oftl"' tramrnission by anyone other tllan tllO add""ee is strictly prohibited and is not a waiver of any applicable privilege agau"t disclosure.
If you have received this trdnsnUsffion in mor, please contact tllO above and inunediately "turn tllO original to Heffernan Insurance Brokers.