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HomeMy WebLinkAboutSANTA ANA BUSINESS COUNCIL (3) - 2018RANCE ON FILE n MAY PROCEED ,,ot.INSURANCE EXPIRES Ion—'7—P? uRIt OF COOKCIL A , _B 16 2018 CDX �:.11.d 1. PARTIES AND DATE CITY OF BANTA ANA DONATION AGREEMENT N-2018-025 This Donation Agreement ("Agreement") is made and entered into this aV day of February, 2018, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California ("City"), and the Santa Ana Business Council, a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit, The City wishes to provide Recipient with funding to assist Recipient with the Boca de Oro OC Art and Literature Festival on Saturday, March 3, 2018, The sponsorship will cover the cost of event expenses, including food, entertainment, venue rentals, marketing, and promotional items. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City believes there is a public purpose in supporting the Community Benefit because the Boca de Oro Art and Literature 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 AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE THOUSAND DOLLARS ,(�S,OOtS) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. The funds 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 Term: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agroernent 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. CITY Or SANTA ANA DONATION AGREEMENT Page 2 of 4 Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 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 gity. Nothing in this Agreement shall 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 volrmteers. 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 terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 N-2018-025 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 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 on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan RECOMMENDED FOR APPROVAL: ROBERT ZURCf I Executive Direct6— DA CITY OF SANTA ANA RAUL GODINE I City Manager SANTA ANA BUSINESS COUNCIL (NAME) (Title) Tax ID# g6.0975aC)4{ CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 N-2018-025 MIA11 1W:, Expense Budget N-2018-025 VENUE OPENING: PHASE ONE: PHASE PHASE PHASE COST 12-2 2-4 PM TWO: 4-6 THREE: 6- FOUR: 8 - PM 8 PM 1D PM 4th Street Market Express Yourself Express Yourself $1,100 (Triple Threat) (Triple Threat) AVantGaYden Children's Santa Ana Creating, Text $400 Storytime (Laura Forgiveness & Music Gallery Robinson) Project (Teri (Steven Arana) hlolmstead) California Digital $200 Media Arts MD MD MD MD The Coast Breaking $500 Chapter One Red p Writer's Resist Conversation (curator Tables Arts & Tounge and (KB Gressitt & Cynthia Literary Groove Room Sara Marchant) Romanowski & Experience (Conrad Samantha (Darlene Roma) Dunn) Kriesal) EI Centro de $100 Chapman Chapman Lit Chapman Lit Chapman Lit Chapman Lit La Gloria de Breath of Fire Nuestro $100 (Sara Guerrero) Pueblo/The Grand Central Viva La Improv Glory of our (Curator Teri Towns (Paul Schwinge) Guzman, Sam Romero) Literary $200 Evening of Mexican Authors / EI Otro Lado Noche Eva Malhotra de Pared/ The La RIrlConada Literaria d e & Krishna Other Side of Autores Malhotra the Wail Mexicanos (Curator lose (Curator Lozano) Mexican Consulate-- Jacobo Sefami) SAUSD Black Out 0 M. Lovewell Poetry (Tami Davis) MalCaYa $$q0 Title Unknown Tea -Time with Marketing R. Potucek $500 $200 $400 (Marytza Rubio) Books Luls Javler $1,000 Rodriguez OCCCA (Michelle Duman, Marcus Omar!) SAUSD Student West 17th $200 Alta Bala Market Reading (Jason Compilation Crab) (Curator Sarah Bennet) BlaekMarket Compositions Compositions Compositions Compositions 0 Bakery and Coffee and Coffee and Coffee and Coffee The Art of$ OC RYSE: 2000 Persuasion: Get Lit SA - Poetry Slam Poetic Reform Frida Cinema Speech and Willard & party (M. Debate (Sal Sierra Prep (Curator Josh Omar!) Tinajero) Wood) Women's Feminist Feminist $300 Women's Voices Voices Queer Queer CiQC1Cl Beer CO. (Curator Diana (Curator Diana Storytelling Storytelling Tierney) Tierney) (Sarah (Sarah Armstrong) Armstrong) Santa Ana High g Rent the Rent the Musical Musical School (Curator Terry (Curator Terry Schwinge) Schwinge) T Shirts C. Naffa $$q0 Posters C. Naffa $1000 Marketing R. Potucek $500 Other $400 $1,000 Equipment Rental FlII Stage Pros $11,000 TOTALCOST Sponsorship Councilman Sal $1,000 Honorarium Tinajero Sponsorship $5,000 Cesar Cedeno DT Events Fund Santa Ana $5,000 RaulYanez Business Council $11,000 TOTAL BUDGET ACOIR CERTIFICATE OF LIABILITY INSURANCE GATE IMM ODlYYVY) ti1 ...�"' 2/07/2017 THIS CERTIFICA'T'E IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER °""'LD1 Mike NAME: Michael ftadgiak(971832A) (AIc Na Fxp 949-753 9555...._._..... PPC Np)p_. _. .. 196 TechnologyDr Ste B N-2018-025 EMAIL - _ AD�rgEs� ?Rrad9tck@fersEgerit.DUm � � � _ INSURER15LAFFOROING COVERAGE NAit Irvine CA 92618-2433 INSURERA Truck Insurance ExchgNG _ 29709 INSURED w INSURERS: Farmers insurance Exchange 21652. SANTA, ANA BUSINESS COUNCIL, INSURERS Mid CenturyInsurance Comperes_ 21687 400 E. 4TH STREETIitmi e6R n. State Fund C 31194 901t17DIOA#737iilyfiT_iii 1111[ La is . , :, = r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SANTA ANA CA 92701 INSRi _ --------- TYNE OP INSURANCE POLICY NUMBER PdIiCY EFF I POLICY EXP "'v _.�..�_. ' (MMIDONYYYI. (MMIOONYYY) LIMITS GENERALLIABIDTY EACH OCCURRENCE '$ 1,000,000 X COMMERCIALGENERALUABILITY AMkORTORENTED rv--I Phi EMISSESS,(e_n wimpoonce}-.,� S 1000000 ( I CLAIMS MAGE ^J OCCUR x MED EXnmy onefarsgo) $ . 10,990 B Y N 805503390 I 121071201711210712018 --i PERSONALS, ADV INJURY 1$ �1$ _ 1,000 000_ GENERAL AOGREGATE 2,090 080 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIORAGG IS 2,009099 PRD LOC POLICY irD. ( ___ �,..$ AUTOM09ILE LIABILITY I COMBINED SINGLE LIMIT 1 $BT a,cidenl s 1,0001000 I ANY AUTO BODILY INJURY (Per persue) ) $ f —' ALLOWNED SCIEDULEO B ,AUTOS ! AUTOS 605603396 `— 12107/2017 12/07/2018 UR BODILY INJURY (Per Puri$ NON OWNED HIRED AUTOS _ �-_AUTOS -ROPER --U'-- C- - ! . S ...(_4J,„ltla?Ll_ I - -� __ —I $ UMBRELLA LIAa OCOUR I ` - EACH OCCURRENCE is _ EXCESS U .,._-Ae '� GLAIMS-M11AOE1 1 l - AGGREGATE I $ e. _-_ ----------- RETENTIONS h WORKERS COMPENSATION ) f WC STATU IgTH-� AND EMPLOYER5'LIAHILITY Y!N -.LT& IMITy 1 .ANY PROPRIETORIPARTNERlEXECUTIYE D I OFF CERSMEMBER EXCLUDED? ❑_NIA' ` 90813$4 '_:12/10/2617112(10/2016 -ELEACHACCIOENT is — — 1,006,090 -- I(MantlatnryinNHl j IE.L DISEASE - EA EMPLOYEE"$ 1,069,000 jlf Yes, tln6dha cunder DESCRIPTION OF OPERATIONS Iesipw I I ELDISEASE, POLICY LIMITIS _ 1,909,099 Fidelity Bond 5,000 SIR $600,000 E D&O 106032811 < EPL :1211012017:12110120181 1,000 SIR $1,000,000 1,000 SIR $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUach ACORD 101, Additmard Remarks Schedule, If more space Is required) 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 IS PRIMARY AND NON-CONTRIBUTORY, WITH THIRTY (30) DAYS NOTICE_ OF CANCELLATION, EXCEPT 10 DAYS FOR '.. NONPAYMENT OF PREMIUMS CERTIFICATE HOLDER CANRFI I ATIi IM AL:URU i5 (1U7D/U5) CC)1988-2010 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLZ ACCORDANCE WITH THE POLICY PROVISIONS, SANTA ANA CA 92701 AUTHORIZED REPRESENTATIVE AL:URU i5 (1U7D/U5) CC)1988-2010 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 605503396 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISI This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE• State or Political Subdivision: CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS The following is added to Paragraph C. WHO IS AN INSURED in the Businessowners Liability Coverage Form: 4. Any state or political subdivision shown in the Schedule is also an insured, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construc- tion, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hois- teway openings, sidewalk vaults, street ban- ners, or decoration and similar exposures; b. The construction, erection, or removal of ele- vators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. • Information required to complete this Schedule, If not shown on this endorsement, will be shown in the Decla- rations. BP 04 07 0187 Copyright, Insurance Services Office, Inc., 1985 Page 1 of 1 11 Mitre -Ramirez, Norma From: Cedeno, Cesar Sent: Monday, February 12, 2018 10:58 AM To: Mitre -Ramirez, Norma Subject: RE: Agmt - Effective date missing Good morning Norma, My apologies for omitting the information. The Agreement should be effective 2/21/2018. Thanks, Cesar -----Original Message ----- From: Mitre -Ramirez, Norma Sent: Monday, February 12, 2018 8:49 AM To: Cedeno, Cesar Subject: Agmt - Effective date missing Good Morning Cesar, Hope you had a wonderful weekend. I'm reaching out to you regarding the attached agreement with Santa Ana Business Council. Please provide the effective date of the attached agreement as soon as possible, so that I may process. Respectfully, Norma Mitre Sr. Deputy Clerk of the Council City of Santa Ana I Clerk of the Council Office 20 Civic Center Plaza I Santa Ana, CA 92701 714-647-5237 1 nmitre@santa-ana.org This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.