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Home My WebLink AboutFIESTA DE CARNIVAL-2017City of Sang 4na f Clerk of the C incil AGREEMENT TERMINATION FORM ----- —._.-._-_--______.___. COTC Office Use Only i -- Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. CITCL Y �h SaNTA ANC E�RK OF COUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. j The agreement with V-1 f , l i - CLLY o 1 vao No. -A --,-�C%LS Ci�CA was completed on and final payment has been made. (List all amendments. Use space below if needed.) 4 IS f I Department: Phone/Ext.: Y'r ..52Cb,S7- j s�< OZ rD C IS - I -( Signature: Date: Revised 08-23-10 A. THIRD AMEN:OMENT TO NON-EXCLUSIVE AGRLT4MENT TO PROVIDE CARNIVALS AT CITY PARKS Co THIS THIRD AMENDMENT to the above -referenced agreement is entered into on March 9, 2017 by and Lu between Fiesta de Carnival ("Promoter"), and the City of Santa Ana, a charter city and niunicipa l corporation WJ organized and existing udder the Constitution and laws of the State of California ("City"). 8 r RECITALS �x A. The parties entered into Agreement #A-2015-019, dated February 3, 2015 ("Agreement"), by which Gu Promoter agreed to provide carnival events at various City parks. ea B. The original terra of the Agreement was from February 3, 2015 through February 2, 2016, and was extended for an additional one-year period, from February 3, 2016 through. February 2, 2017, by letter agreement #A- 2015-188-01. C. The parties entered into First Amendment #A-2015-188, dated August 20, ,2015, to include a "fun zone" event, at the City's 2015 Fiestas Patrias event. D, The parties entered into Second Amendment #A-2015-188-02, dated September 21, 2015, by which the scope of services was modified to delete the carnival event entitled "Cesar Chavez`Campesino". E, By letter agreement #AT2015-188-03, dated Decernber 20, 2016, the term of the agreement was extended for a final one-year period, from FQbruary 3, 2017 through February 2, 2018. F. The Agreement remains in effect, and the parties now wish to further arnead the Agreement to adjust the dates of certain carnival events to be provided by Promoter. The Parties therefore agree: 1. Section 2, Scope of Services, is amended to include, as Exhibit A, the carnival event and fee schedule for the extension period beginning February 3, 2017 through F'ebruar'y 2, 2018. 2, Except as modified. by this Third amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS bIESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST j_t 0* � 1" ell MARIA D.UIZAi7 Clerk of the Council APPROVED AS TO FORM icy:t.� -h li�,& x01 M,1CUNK Assistant City Attorney CITY OF SANT NA Cut - ia,d.�M.uu, Acting City Manager PROMOTER le"mss Title; REC€ A, +NIXED FOR -APPROVAL Jeannie u-rado, Acting Executive Direotor, 13arks, Recreation, and Community Services Agency �a (D m m 0-� v a O CD O n (Q CL :T C� C (0 to 'C7 C! o C3 A t CT Fs N N Y �'3 toLin 00 6i1 Fy N c !S1 • rD tiY IA rp EO M7 vi d gf fu QTY CIY Qct W O.. Cl, 0. CL m m 0, .� F fp R? (R tB fD FU N � (1 (7 Ci ri r7 n n 3 i7 EO !V 6 �? N iF7 V Vt kv Ln C7 Cf C.� CJ o O O N M to C71 N A M m � � ami ami air pia Z Z Z R• Z m sit (D C] LZ f2 L% C -L, w 0 0 w tA 0 0 Ac<> y� DATE (MWDDNYYY# s.' CERTIFICATE �F LIABILITY INSURANCE F3/3/2027 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER CONTACT Christine Nidal Governor insurance Agency, Inc. PHONE d�e..l x#).(330)539-9999 PAX ;_LARLN (3so#ss9 9990 972 Youngstown -Kingsville Rd. APO.-..$;_._.....—_... _.__._. __. P.O. Sox 770 INSURERS) AFPOROINO COVERAGE NAIC Vienna Oil 44473 -------------p-._.__.—�-,-iN3k1RERA.1t^TSp�aialty LLC INSURED �r INSUNER._...... international Promotions, inc.A-2015-18B-02 INSURER Siesta de Carnival A-2015-188-01 INSURERo: - 11278 Los Alamitos Blvd INSURERS: __--------.—._. Loa aamitols CA 90720 INSU r.nVF12AnP:q rF:RTIFIr:ATF. Nl IMRFR-CL166108412 RPVI?i1()N NI)M13FR- 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 WTH 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. .__.._........._._...____._.__..-?A13OL;$UBR LTg, TYPE OF INSURANCE PO ICY POLICY EFF i POLICVEX ! LIMITS NUMBER tI Q Y X COMMERCIAL GENERAL LIABILITYI EACH OCCURRENCE $ 1, 000 , 000 A _ CLAIMS -MAD EX ;OCCUR PREMISES (Ea occurranca�_._..$._. 100,000 7C i VBA457676 5/27/2616 ' 5/27/2017 MEO EXP (Any ane psrsan# $ Nx�ludsd PERSONAL & ADV INJURY 15 11000,000 N% AGGREGATE UWTAPALIEaFIER: GENERAL AGGREGATE ( s 2,000,000 1 POLICY dE qT LOC C PRODUCTS • COMPIOP AGG $ 2,000,000 AUTOMOBILE LIABILITY — COMBINED SINGLE LIMIT _(Ea aaclttenl# 3 ANY AUTO ; BODILY INJURY (pot person) S _ AUTO ALLOWNED AUTOSULED I 3 NON•OWNED 1300ILYINJURY (Per aCcfdCnt)fi$ -- , _..__...._ I PROPERTY DAMAGE HIRED AUTOS ? AUTOS -- -.. UMBRELLA LAS OCCUR �`j '^ EACH OCCURRENCE EXCESS UAB`CLAIMS-MACF _....._._.._. �i,�J 1 AGGREGATE V DED RETENTION $ 'WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I ` ,alz YIN ANY PROPRIETORIPARTNEWCXEC VVE OFMCERIMEMBER EXCLUDED? L-1 NIA:i p'`� t.J `.� ELL, EACH ACCIDENT �S (Mandatory In NH) E.L.DISEASE _ EA EMPLOYEE $ _ - If es, describe underf DESCRIPTION OF OPERAT€ONS befavr111;1E.L. DISEASE -POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1111, Additional Remarks Schedute, may ba attached K more space Is required? Certificate holder is named as additional insured per the attached CG 2026 form City of Santa Ana 20 Civic Coater Dr. Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Thompson, Jr/CNIDELt�yaas--- 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS026 r9mdrrl s POLICY NUMBER: VBA457676 00 COMMERCIAL GENERAL LIABILITY CG 20 26 D4 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana 20 Civic Center Dr. Santa Ana, CA 92801 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in - part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ed CG 20 26 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 COVINGTON SPECIALTY INSURANCE COMPANY phis Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ S) - Location(s) Of Covered Operations City of Santa Ana Location(s) as specified in written contract with the 20 Civic Center Dr. Additional Insured shown in the schedule of this endorsement Santa Ana, CA 92801, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1, Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B, With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.{{ C. With respect to the insurance afforded to these additional insureds, the foiiowing is added., N III -- Limits of Insurance:� 'y If coverage provided to the additional insured is required by a contract or agreement, the m t' +fir' on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, Policy No.: VBA457676 GBA 104.025 0614 D. If the contract between the additional Insured and you requires that the insurance afforded by this policy be primary and noncontributory, this insurance shalt be primary and noncontributory but only as to the general liability poNcy(ies) where that additional insured is listed as the named insured on the declaration page(s) of such poiicy(ies). All other terms and conditions of this policy remain unchanged. GBA 104025 0614 ADDITIONAL INSURED ENDORSEMENT 6 Insurance Company ^�� q. A &I - This endorsement modifies such insurance as Is afforded by the provisions of Policy# Relating to the foilowirig: 1: The City of Santa Ana, 20 Civic Center Pian, Santa Are, California 92701; is named as radditlonal Insured") with regard to Ifabifity 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 la afforded by this policy is primary and is not additional to or contributing. with any other Insurance carried by ortor the benefit of the additional insured. 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 mon as an insured shall not affect any right which such person or otganlzationwould have as aclslmantifWsoIncluded. 4. With respect to the 6dditional Insured, this insurance shall not be canceled, or materially reduced in coverage or 10its except after thirty (30) days written notice has been: given to the City of Santa Ana, 20 Civic Cerhr Pima, Santa Ana, California 927'01.. (Completion of the following/ including countersignature, Is required brre this endorsement effective this endorsement farm as a part of Policy9 Issued Couritersigned by COVINGTON SPECIALTY INSURANCE COMPANY This Endorsement Changes The Policy, Please Read It Carefully. POLICY CHANGES This endorsement modifies insurance provided under the fallowing, ❑ COMMERCIAL GENERAL LIABILITY COVERAGE PART ❑ COMMERCIAL PROFESSIONAL LIABILITY COVERAGE PART ❑ COMMERCIAL INLAND MARINE COVERAGE PARC ❑ COMMERCIAL PROPERTY COVERAGE PART ❑ LIQUOR LIABILITY COVERAGE PART ® ALL COVERAGE PARTS APPLICABLE TO THIS POLICY Policy Number: VBA467676 00 Named Insured: International Promotions DBA Fies Endorsement No,: 3 Endorsement Effective Date: 31212017 By: R -T SPECIALTY, LLC It is hereby, understood and agreed that the following additional insured is added to form CG2026: per the attached Premium Fully Earned ❑ No change in premium ❑ Additional Premium $ 900.00 ❑ Additional taxes and fees $ .00 ❑ Return Premium $ ❑ Return taxes and fees $ Total $ 100.00 All other terms and conditions of this policy remain unchanged. Policy No.: VBA457676 GBA 904001 0208 COVINGTON SPECIALTY INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. CANCELLATION BY US TO OTHERS This endorsement modifies insurance provided under the following; ALL COVERAGE PARTS It is hereby understood and agreed that if we cancel this policy, written notice of cancellation will be mailed or delivered to the First Named Insured and the following; Schedule City of Santa Ana 20 Civic Csnter Dr, Santa Ana, CA 9280 t. Number of Days: 30 COMMON POLICY CONDITIONS, A. Cancellation, 2. is replaced by the following; 2. We may cancel this policy by mailing or delivering to the First Named insured and the entity shown in the Schedule above written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. The number of days shown in the Schedule above before the effective date of cancellation if we cancel for any other reason. This endorsement does not apply If this policy is cancelled by the Finance Company or the Insured. Policy No.: VBA457676 GBA 904019 0814