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Home My WebLink AboutSANTA ANA BUSINESS COUNCIL - 2012LLI CC iV 21LU� u 0 ;C'3 :D A y^� -~ 4J C3 4C ] LL, �.i a� u' Cy U W-' u -l C7 raj. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA AICA BUSINESS COUNCIL N-2017-018 This Donation Agreement ("Agreement") is entered into on this ;Z day of MA' -Lk.", 2017, by and between 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') and the Santa Ana Business Council ("Recipient"). City and. Recipient are sometimes individually referred to, as "Party" and collectively as "Parties" in this Agreement. 2. RECJTALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with the Boca de Oro: OC Art & Lit Fringe Festival in Downtown Santa Ana on Saturday, March 4, 2017. The sponsorship will cover the cost of event expenses, including food, props, entertainment, and venue rentals. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding for such program. 2.2 Public Purpose. The City believes there is a public purpose ,moi suprting the Community Benefit because the Boca de Oro: OC Art & Lit Fringe Festival will transform the downtown into a place and space that shares valuable structured educational programming that will engage the audience with both visual and performing art as well as champion literacy by bringing out the published and aspiring writers within the region.. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERms ANIS CONIDrrIONS 3.1 Use of funds. The City has chosen to provide Recipient with Five Thousand Dollars ($5,000,00) because the City has determined that there is a public purpose to be served in supporting the Community Benefit. The fiends shall be spent in accordance with the Expense Budget attached hereto as Exhibit A and incorporated herein by this reference. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3,2 below. 3.2 Tenn; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until ten-ninated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. CITY of SANTA ANA DONATION AGPuri ENT Page 2 of 3 3.3 Waivers, Insurance or Other Obligations, For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement slid[ be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient, 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at .Recipient' own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient' obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terins and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter. Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the CITY OF SAN"T"A ANA DONATION AGREEMENT Page 3 of 3 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind. each respective Party, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR GERAR-DO MOUVET- T Clerk of the Council Acting City Manager APPROVED AS TO FORM: "RECIPIENT" SANTA ANA BUSINESS COUNCIL SOMA CARVAEHO City t e By: Ryan iod ' Name; � _ 1' Assista t� it ttorney Title: (---c9U r L EXHIBIT A EXPENSE BUDGET EXPENSE BUDGET FOR BCCA DE ®RG: CSC ART & LIT FRIDGE FESTI'V'AL. AVANTGARDEN CHILD/IMPROV/COMEDY 150 STI PEN ED/CU RATION OCCCA INCARCERATION 1.50 STIPENED/CURATION CHAPTER ONE SPEECH & DEBATE 1.50 STIPENED/CURATION TRIPLE THREAT il000u WORKSHOP GYPSY DEN POESIA Y CANTO 150 STIPEN ED/CU RATION AVANTGARDEN CHILD/IMPROV/COMEDY 150 STI PEN ED/CU RATION �C)BINS NEST OERSTORY0 (7OC? CATERED GALLERY DE FOX ANOTHER FUTURE IS 250 STIPENED/CURATION POSSIBLE (AMP/MIC) MARCAS BEING HUMAN 250 STIPENED/CURATION (AMP/MIC) FRIDA CINEMA CULTURAL REVOLUTION 250 STIPENED/CU RATION (AMP/MIC) SANTORA IMMIGRATION STORIES 1.50 STIPEN ED/CU RATION LA RINCONADA CONSULATE/TOUNGE & 350 STIPENED/CURATION GROOVE (AMP/ MICS) ALTA BAJA MARKET OC LITERARTY FIELD STIPENED/CURATION GUIDE 250 (AMP/MEC/PODIUM) I PISCC?PAL CHURCH SANTA ANA SITES Qf3Ci FINALE CELEBRATION #APMAN UNIVERSITY TRUTH & LIES CATERED M. LOVEWELL BOOK MAKING 350 ART WORKSHOP P>RINTINC COSTE3� POSTERS &.OTHER f000 MARKETING COST ADVERTIZEMENT ETC 550 DTI PHOTOGRAPHY MIKE MENDOZA 300 VIDEOGRAPHY REVO CREATION 400 ALL STAGE PROS 600 MICS & AMPS Book Selling Licensing 300 Total 9600 BOCA DE ORO: OC PREMIRE ART & LIT FRINGE FESTIVAL Source: Calculated cost data, draft only V CERTIFICATE LIABILITY INSURANCE DAM (MhVQ0rfYYY3 12/0712016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TSI SS 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 INSUIRER($), AUTHORIZEt) REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUS–R–O ATION IS WAIVED, subject to the terms and conditions of the policy, pertain policies may rewire an endorsement. A statement on #his certificate doss not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER C NTACT Mike FF,.. Michael Rodcgick(971832A) ,.sa1149T53 95x5 is PAX 196 Tectlnolrsgy Or Sts 8 AW)RES&: rnm(InInknry f;;r nRrRRnRnt mm Irvine__ CA 92618-2433 INSURFRA: Truck Insurance Exchan : M_.. 1709 INSURER — - - ma__ _ INSURER 0: Farmer Insurance Exchange ................�._� 21652 SANTA, ANA BUSINESS COUNCIL, INSURER C„z MW Cain€u insurance Carl an ._....___ ~ _ _�__._._.w.._dmP_Y � 21687 400 E. ATM STREET INSURgfk R' INSURER E SANTAANA CA 92701 INSURERFa COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S 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. IN CY 60POLICY KXF I - ... ._....................� L7R TYPEpFIN$URANCE ! I POUCYNU ER pam DD Llrxlrm ? WNERALIJASILITY ' I EACH OCCURRENCE Is i i COMM tCIAI GENERAL LIASILRY ! ; � eO1.s�1i7�,laC�I3 ! I nR SES nce $ '��Ii�i 000 GLAIt95AiApE cif I accuR I r�cnl xP "Its n„ r ] ! s 1€1,00 B ' Y N '; S(15aQ3396 ' 12107QO16 12107/2097 PERSONAL &ADV INJURY !$ 1,000,000 ..�• GENERALAGGREGATE. ...OPe.e 2,000,000 � 1 :SEN`L AGGREGATE LIWAF'Pf.IES PERz I'I�gCi�1C79 CC3idW1pP AGES a 2,000,000 I PRO- , POLICYJEQT LOG I ! AUTOMOBILE LIABILITY ! CONICINED SINGLE UNIfT dent �lt�fl QI i3 ( p _ ANY AUTO � 1 BODILY INJURY (Par person) ALL OWNED SCHEOVIFita. B ' Auras ! ? AUTOS € ; 605503396 m_ 1210712016 112107/2017 I BODILY INJURY (Pin acddant) 11 I NON-OW14Eq I HIRED AUT05 I� -l! j AUTOS PROPERTY DAMAGE Uh1aRcLL11LiAET OCCUR i � � i !I EACHO=RRENCE EXCE6�5UAS CLAIMS-MADC AGGREIJATE S �L DEp R! rENTION$ E S pMPENSATION n NYQi€Er9MCTN Z— AND EMPLOVERSLIABILtre YIN, tANYPROPRIETOMPARTNERIEXECLMVE «_iTDC E.L EACH ACCIDENT � S 'sOFFI FUMEMSER EXCLUDED N{A .,...._....._._...e....V.e,.._.._..,....,,,w,........�..m.._..,..».»..,.�„„„�.„�, ; (Mandatory In NHI F.L. DISEASE -EA EMPLOYE_N S It ......_............e.. DE9GExi'Tlf}N OF L7PE'f2RT125 btlivEvt I I EL. DISEASE - POLICY uurr S ............w.� ....1.. m..,. T--71 '.-1 MCRIig ON OF OPERATIONS I LOCATIONS I VEHICLES lAlipnh ACORa 101, Addidonal eleanaft Schedule, if mora epnee W mqulraad) 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 I, PRIMARY AND NON-CONTRIBUTORY, WITH THIRTY (30) DAYS NOTICE OF CANCELLATION, EXCEPT 10 DAYS FOR NONPAYMENT OF PREMIUMS COMM, SHOULD ANY OF THE ABOVE DESCRI13ED POLICIES BE CANCELLED BEF0RE CITY OF SANTA ANA THE EXPIRATION DATE THEREOF, NOTICE WILL, BE DELIVERED IN 20 CIVIC CENTER PLZ ACCORDANCE WITH THE POLICY PROVISIONS. A1,11HU EI) REPRESENTATIVE SANTA ANA CA 92701 I-) @ 1988-2010 ACO RD COR148 iYATION. All rights The ACORN? name and logo are registered marks of lACORD POLICY NUMBER: 6osso3396 SUSINESSOWNERS THIS ENDORSEiIENT CHMOES THE POLICY. PLEASE RUD IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS -w PERMITS RELATING TO PREMISES This 8nftmwmffl MOON Inswance provided under the tObwfng: ®USINESSOWNERS POLICY Stdo or Poltical SubdW elen: CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS " to cmVleta this Std le, If not shown an this erdmement ee M be shown In theDeWm- rasom SP 04 07 0187 CoWSK hmnrm Swotes Office, Inc., 1985 Page 1 of 1 CoverQuote e Welch Insurance Seri Mo -n November 14, 201.5 FULLY EARNED SERVICE FEE TOTAL PREMIUM INCLUDING FEES Not Included in Quote $0.00 $9,524.00 Please, review the quote carefully. Should there be any changes, pelase call us and we will amend to your specifications. 1 Reauested effective date t NO BACKDATING 2 Your Retained Commission _ 10.00j $152.401 " OR 25% DOWN + Fees $�� less Retained Commission 3 Remit TOTAL NET PREMIUM + Fee --',$1,371.601 --------------- 4 Visit www,ifwins.com, click the Red Tab BIND YOUR QUOTE upload to the following: a. This OUOTE COVER PAGE with Effective date L C. Completed TRUST CHECK made payable to JF Welch Insurance Service Inc. We will finance premium with IPFS if not paid in full (No outside financing permitted) You will receive a Delivery Receipt of your bind request to the Email address you provide SPECIAL INSTRUCTIONS: * " * THIS QUOTE IS GOOD FOR 30 DAYS -f - Coverages and terms being offered may not be the same or as broad as your request, review and contact us with any questions. We anxiously await your bind request. Telephone: (800) 400-3276 '° Fax: (800) 733-2938 CA license #01784446 We charge a $25,00 fee for all dishonored checks, checks returned for NSF, stop payment or account closed. Uncollected funds will be referred to an outside collection agency and or proper governmental law enforcement agency, We appreciate the opportunity t® serve you!