HomeMy WebLinkAboutRAISING CANE'S RESTAURANTS, LLC. INSURANCE NOT fiECUIRED
WORK MAY MOCEM N-2026-019
CITY CLERIC
0ATE, FED 0 2 2026
DQ,mi P9-fk-.(D-? ) CITY OF SANTA ANA
PARTNERSHIP AGREEMENT WITH
RAISING CANE'S RESTAURANTS, LLC.
FOR 2026 EVENT FOUNDATION LEVEL PARTNERSHIP
THIS PARTNERSHIP AGREEMENT ("Agreement") is made and entered into this 27"
day of January, 2026 by and between Raising Cane's Restaurants, LLC., a Louisiana. Limited
Company ("Partner"), 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 ("City").
RECITALS
A. The City is producing a Tet Lunar New Year festival on February 7, 2026 ("Event")
and desires to retain partners for such City Event.
B. Partner represents that it is able and willing to enter into a partnership for the Event.
C. In undertaking the performance of this Agreement, Partner represents that it is knowledgeable
in its field and that any activities conducted by Partner under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional firm in
such Feld.
NOW THE, in consideration of the mutual and respective promises,and subject to the
tenns and conditions hereinafter set forth,the parties agree as follows:
1. PARTNER RESPONSIBILITIES AND BENEFITS
a. In exchange for the consideration specified in Section 3 below as well as Partner's
responsibilities at City Events as specified in Exhibit A, attached hereto and
incorporated by reference, Partner shall be entitled to the benefits at the Events as
described in Exhibit A.
b. Partner grants to City the right to use Partner's trademark(s), trade name(s), logo
designs and company descriptions as prepared and delivered to City by Partner in any
medium of advertising, marketing materials, and/or promotional goods distributed in
conjunction with the Event and in accordance with Partner's usage guidelines.
2. CITY RESPONSIBILITIES AND BENEFITS
In exchange for the responsibilities specified in Section I above and for the consideration
specified in Section 3 below, City shall be obligated to provide and perform the responsibilities
as described in Exhibit A.
Page I of 6
3. PARTNERSI-ILI'CONSIDERATION
For its participation as a Partner for the Event, Partner shall provide to the City financial and
in-kind contributions valued at One Thousand hive Hundred and 00/100 Dollars($I,500.00)as further
described in Exhibit A. Partner shall not be entitled to the:Partnership Benefits under this Agreement,
or otherwise participate in the Event, if Partner fails to provide the financial and in-kind contributions
described in Exhibit A.
4. TERM
This Agreement shall commence on the date first written above and terminate on February 28,
2026, unless terminated as otherwise provided in this Agreement.
5. INDEPENDENT CONTRACTOR
Partner 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 an employer-employee relationship, a joint venture relationship, or to allow the City to
exercise discretion or control over the professional manner in which Partner performs the services
which are the subject matter of this Agreement; however, the services to be provided by Partner shall
be provided in a manner consistent with all applicable standards and regulations governing such
services. Partner shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
6. INSURANCE
Intentionally omitted.
7. INDEMNII+ICATION
To the fullest extent permitted by law, Partner shall indemnify,defend and hold harmless City,
its officers, agents and employees (collectively, the "City Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims"), which
may arise from or in any manner are related(directly or indirectly)to Partner's breach of this Agreement
or Partner's presence or activities at the Event(including the negligent and/or willful acts,errors and/or
omissions of Partner, its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be
liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to
require Partner to indemnify the City Indemnified Parties from any claim arising from the negligence
or willful misconduct of the City Indemnified Parties. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Partner,
Page 2 of6
i
�I
8. CONIP WENTIA,.LITY
If either party receives from the other party information which due to the nature or such
information is treasonably understood to be confidential.and/or proprietary, the receiving party 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. "Confidential Information" shall include all
nonpublic information, Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential information
disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement.
The foregoing obligations of non-use and nondisclosure shall not apply to any information.that(a) has
been disclosed in publicly available sources;(b)is,through no fault of the receiving party disclosed in
a publicly available source; (c) is in rightful possession of the receiving party without an obligation of
confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed
by the Partner without reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Each party covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10, 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 facsimile or other telegraphic communication in the
manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza(M-30)
P.O. Box 1988
Santa Ana,CA 92702-1988 Fax:
714-647-6956
Copies to: ExeCUtiVe Director,
Parks,Recreation.&Community Services Agency City
of.Santa Ana
20 Civic Center Plaza(M-23)
P.O.Box 1988 Santa Ana,California 92702
Page 3 of G
I
To Partner: Raising Cane's Restaurants, LLC
Attn: Sarah Mattel,Area Leader of Marketing
2250 17" St.
Santa Ana, CA 92705
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail,communication
shall be effective or deemed to have been given three(3)days after it has been deposited in the United
States mail,duly registered or certified,with postage prepaid,and addressed as set forth above. If sent
by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after
the time set.forth on the transmission report issued by the transmitting facsimile machine,addressed as
set forth above. For purposes of calculating these time frames,weekends,federal,state,County or City
holidays shall be excluded.
It. EXCLUSIVITY AND AMU,NDIWENT
This Agreement represents the complete and exclusive statement between the City and Partner
regarding the subject matter herein, and supersedes any and all other agreements, oral or written,
between the parties. In the event of a conflict between the terms of this Agreement and any attachments
hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by
written instrument signed by the City and by an authorized representative of Partner. 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 Partner or the City. Each party
to this Agreement acknowledges that no representations, inducements, promises or agreements,orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein,
12. ASSIGNMENT
In as much as this Agreement is intended to secure the specialized services of Partner, Partner
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 partners retained by City.
13. CANCELLLATION OR T.EI K NATION
a. If, because of war, fire:, strike, civil strife, government regulation, natural catastrophe, an
act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City,
the Event or any part thereof is prevented from being held or is cancelled by City, City, in its sole
discretion, shall determine and refund to the; Partner its proportionate share of the balance of the
aggregate partner fees received that remain after deducting actual expenses incurred by City. In no
case shall the amount of the refund to the Partner exceed the amount of the fee paid. City reserves the
right to cancel any portion of the Event as it deems necessary and
Page 4 of G
I
appropriate and in such event, shall refund to the Partner the applicable share of Partner fees
applicable to such cancelled portion of the Event.
b. Cancellation by the Partner will be accepted only in writing. In the event of
cancellation by Partner, Partner will remain obligated for 100% of the partnership fee, and City
will retain the right to seek and retain an alternate partner in City's sole discretion.
14. NONDISCRIMINATION
Partner 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 or any activities in connection with this Agreement. Partner affirms
that it is an equal opportunity employer and shall comply with all applicable federal,state and local
laws and regulations.
15. JURISDICTION- VENUE
This Agreement has been executed and delivered in the State of California 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.
16. PROFESSIONAL LICENSES
Partner shall,throughout the term of this Agreement,maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary hereunder and required by the laws and regulations of
the United States, the State of California, the City of Santa Ana and all other governmental agencies.
Partner shall notify the City immediately and in writing of its inability to obtain or maintain such
permits, licenses,approvals, waivers, and exemptions. Said inability shall be cause for termination
of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Fach undersigned represents and warrants that its signature below 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 injuries or darnages to City in the
event that such authority or power is not, in fact,.held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
Page 5 of 6
SIGNATURE PAGE FOR
PARTNERSHIP AGREEMENT WITH RAISING CANE'S RESTAURANT'S,LLC.
FOR 2426 EVENT FOUNDATION LEVEL PARTNERSHIP
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date
and year first above written.
ATTEST: CITY F SANTA AN
ennPfer Iall Alvaro Nunez
City Cler City Manager
APPROVED AS TO FORM:
SONIA R. CA'RVALHO PARTNER:
City Attorney
B Marfzt
Jonathan T. Martinez Sarah Martel
Assistant City Attorney Area Leader of Marketing
RECOMMEND !��PROVAL:
Hai
Executive Director of Parks,
Recreation and Community Services Agency
Exhibit A
GITY OF SAWFA ANA
Parks, Recreation, & Community Services Agency
Santa Ana 2026 Event Foundation Level Partnership: Raising Cane's Restaurants,
LLC.
Program overview:
Raising Cane's Restaurants, LLC, will be providing a total value of $1,500 contribution, made
up of financial and in-kind, to the City of Santa Ana's Parks, Recreation, and Community
Services Agency (PRCSA) as an event Foundation Level Partner to participate in planning
efforts for one (1) city-wide main event. In exchange, PRCSA will provide marketing recognition
at select city events as a partner to participate in planning efforts for one city-wide event.
Both parties agree that event locations and dates are subject to change, and any necessary
updates will be communicated by PRCSA in writing prior to event date. Partner will be included
at the following:
• Main Event (6,000+ attendees)
o Santa Ana Tet(Lunar New Year) Festivai
■ Saturday, February 7, 2026
■ Centennial Park
Raising Cane's responsibilities:
• A$1,000 financial contribution paid directly to PRCSA by February 4, 2026
• A $500 in-kind contribution in partner giveaways, including but not limited to gift baskets
and restaurant coupons, to be used as prizes for PRCSA event engagement activity
• Partner to provide PRCSA two (2) Raising Cane's branded signage no larger than 4'x8'
each by February 4, 2026
• Raising Cane's grants PRCSA the right to use Raising Cane's trademark(s)„ trade
name(s), logo designs and company descriptions as prepared and delivered to City by
Partner in any medium of advertising, marketing materials, and/ or promotional goods
distributed in conjunction with the Event and in accordance with the Partner's usage
guidelines.
PRCSA responsibilities:
• Foundation Partner Level inclusions for event:
o Display of Partner provided signage at event
o Inclusion of Partner advertisement, marks, and/ or reference, as supplied by
Partner, on signage as appropriate for the event that includes a "Thank You" sign
as designed and printed by PRCSA.
• Foundation Level logo placement on event subpage located on PRCSA website
with approved redirect link to www.raisingcanes.com. Partner advertisement,
marks, and/ or reference, as supplied by Partner, with link optional taglines, and
partnership identification, (the "Internet Marks"), linking to designated Partner
website, as provided by Partner, from highly visible locations sitewide on City's
official website, www.santa-ana.org/tet-festival. The Internet Marks will be placed
and provided by City upon content approval of Partner. The Internet Marks will be
i HF CITY OF SANTA ANA
20 Civic Center Plaza • 2nd Floor • Santa Ana, CA 92701
(714) 571-4200 • Web Site: www.santa-ana.org/departments/parks-recreation
active and accessible to the general public upon execution of this Agreement
through the end of Agreement term.
o Minimum of one (1) stage mention at event
o Social Media tagging Sponsor account(@RaisingCanes) on the following:
■ Day-of event social media acknowledgment in form of stories on
@santanaparks
■ Post-event reel and photo recap post caption mentions on
@santaanaparks
THE CITY OF SANTA ANA
20 Civic Center Plaza • 2nd Floor• Santa Ana, CA 92701
(714) 571-4200 - Web Site: www.santa-ana.org/departmentslparks-recreation
Uribe, Juan
From: Najera, Luisa
Sent: Wednesday, January 21, 2026 5:25 PM
To: Uribe, Juan
Cc: Perez, Demi
Subject: FW: *RUSH Request Insurance Requirements: Raising Cane's Restaurants, LLC,
Attachments: 2026 Event Partner_COSA&RC.pdf
Importance: High
Hello Juan,
No insurance required.
Kindest regards,
L+��lVr�jerrw
City of Santa Ana I Human Resources Department
20 Civic Center Plaza I Santa Ana, CA 92701
u Office: 714-647-6959
TI mail: lnaiera(d,)santa-ana.org
City Hall hours are 8 a.m.to 5 p.m.Monday through Thursday,and 8:00 a.m.to 5:00 p.m.every other Friday. Click he for a list of observed
holidays and Frday closure dates.
The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents
to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the
Apple App Store and on Google Play.
Click here to report an issue directly from the City website.
From: RMD
Sent: Wednesday,January 21, 2026 4:43 PM
To: Najera, Luisa <Inajera@santa-ana.org>
Subject: FW: *RUSH Request Insurance Requirements: Raising Cane's Restaurants, LLC.
Importance: High
Hi Luisa,
Please see attached for RUSH insurance requirements request.
Kind regards,
Tu Tran Nguyen I Risk Management Technician
City of Santa Ana - Human Resources Department
20 Civic Center Plaza I Santa Ana, CA 92701
hl +
7
. .
Office: 714-647-5141
Email: TNquyen20Rsanta-ana.org I santa-ana.org/human-resources I Linkedln I
Instagram
City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday, Click
here for a list of observed holidays and Friday closure dates.
The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The
free app allows residents to quickly and easily report issues to the City, access City services, and find news
and events. It is available to download from the Apple App Store and on Google Play.
Click here to report an issue directly from the City website.
From: Uribe,Juan <iuribet@santa-ana.or >
Sent:Wednesday,January 21, 2026 4:33 PM
To: RMD<rmd@santa-ana.org>
Cc: Perez, Demi <dPerez10@santa-ana.org>
Subject: *RUSH Request Insurance Requirements: Raising Cane's Restaurants, LLC.
Good afternoon,
We would like to request a rush consideration of the insurance requirements for a new partnership agreement with
Raising Cane's Restaurants. The vendor will not be attending the event and will only be providing the contributions. Will
insurance be required?
Request Type (check only one):
❑ Standard COI Review— Risk Management will review and approve insurance documents submitted. This applies to PO, Eveni
Permit, and Agreements.
❑ Renewal COi Review— Risk Management will review and approve renewal insurance documents submitted. This applies to R
Reservations, Permit, and Agreements. Please attach insurance requirements and previously approved COI(s),
❑x Request Insurance Req Arements - Risk Management will provide insurance requirements for agreements and RFPs.
❑Review Agreement/RFP Language - Risk Management will review Insurance, Indemnification/Hold Harmless, Limitation of Lia
of agreements and RFPs.
All fields required to advance the process—do not delete or modify.
_._ __..__.... .. - . _....... .
City Contact
Department: PRCSA
Project Manager Name: Demi Perez
Project Manager Email: Deperez10(c)santa-ana,org, i
Contract Details:
I Business Name: Raising Cane's Restaurants LLC
Agreement Number and Agreement N/A
Link:
2
Event Foundation Level Partner for 2026 Tet
Brief description of services: (Lunar New Year) Festival with a $1,000 financial
contribution and $500 in-kind contribution with
no in-person presence.
Contractor/Insured Contact
Contact Name: Sarah Martel
Contact Email Address: Smartel@raisingcanes.com
Contact Phone. (714) 550-4621
Insurance Contact (may be found at
top right of the ACORD form)
Contact Name: N/A
Contact Email Address: N/A
Contact Phone: N/A
Sincerely,
Juan Magana Uribe I Management Aide
City of Santa Ana, Parks, Recreation and Community Services
Sane tuna 20 Civic Center Plaza, Santa Ana, CA 92701
X.4, Z,-.- (714) 571-4276 1 iuribe(d_)santa-ana.org
**City Hall is closed every other Friday. Click here for dates`F
3