HomeMy WebLinkAboutItem 17 - Enter into Sponsorship Agreement and Receive Sponsorship Funds from Laborers' International Union Local #652Parks, Recreation, and Community Services
www.santa-ana.org/departments/parks-recreation/
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Enter into Sponsorship Agreement and Receive Sponsorship Funds from
Laborers' International Union Local #652
AGENDA TITLE
Approve an Appropriation Adjustment to Receive Sponsorship Funds from, and Enter
into Sponsorship Agreement with, Laborers' International Union Local #652 for the
City's 2023 Chicano Heritage Festival
RECOMMENDED ACTION
1. Approve an appropriation adjustment to recognize a total amount of $7,000 in
Sponsorship Funds from Laborers' International Union Local #652. (Requires five
affirmative votes)
2. Authorize the City Manager to execute a Sponsorship Agreement with Laborers'
International Union Local #652, subject to non -substantive changes approved by the
City Manager and City Attorney.
DISCUSSION
The City Council adopted the City's Sponsorship Policy (Exhibit 1) on April 5, 2022. The
Sponsorship Policy outlines the purpose, definitions, policy guidelines, and sponsorship
evaluation procedures. In addition, all sponsorship agreements will include contractual
language consistent with all applicable City policies, ordinances, and good business
practices. All Sponsorship Agreements shall be approved by the City Council.
The Parks, Recreation & Community Services Agency (PRCSA) recently developed the
PRCSA Sponsorship/Partnership Deck (Exhibit 2) that outlines how corporations,
community based organizations, and non-profit organizations can work with PRCSA in
adding value to events, activities, and programs provided to the community through
financial and in -kind sponsorship/partnership agreements.
The Sponsorship/Partnership Deck provides defined levels of participation that potential
sponsors/partners can work within while receiving corresponding levels
acknowledgment for their generosity to the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
Enter into Sponsorship Agreement and Receive Sponsorship Funds from Laborers'
International Union Local #652
August 15, 2023
Page 2
FISCAL IMPACT
Upon receiving sponsorship funds and executing respective agreement, funds will be
deposited in the PRCSA Fees & Donations, Gifts & Donations (02213002-57081) and
will subsequently be redistributed to the PRCSA Contractual Services -Professional line
item account (02213200-62300).
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24
02213002-57081
PRCSA Fees
PRCSA Fees &
$7,000
& Donations
Donations, Gifts &
Donations
FY 23-24
02213200-62300
PRCSA Fees
PRCSA Fees &
$7,000
& Donations
Donations, Gifts &
Donations
EXHIBIT(S)
1. Sponsorship Policy
2. PRCSA Sponsorship Deck
3. Sponsorship Agreement
Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
RESOLUTION NO. 2022-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE CITY'S SPONSORSHIP
KelIIwo
WHEREAS, the City gets many requests annually for sponsorship opportunities
from various businesses, companies and/or non-profit entities;
WHEREAS, the City desires to adopt a set of guidelines that will govern the
evaluation of sponsorship opportunities with the City;
WHEREAS, the proposed Sponsorship Policy will be a clear and transparent way
to outline the process for sponsoring available City events and/or obtaining other
sponsorship opportunities with the City; and
WHEREAS, the City believes that sponsorships will enhance the programs, events
and projects provided by the City to its residents and visitors.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. The Sponsorship Policy, attached as Exhibit A, is hereby approved.
Section 2. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 5th day of April, 2022,
m
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
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i
By:
Laura A. Rossini
Chief Assistant City Attorney
Resolution No. 2022-024
Page 1 of 2
AYES: Councilmembers Hernandez Lopez, Mendoza Penaloza
Phan Bacerra Sarmiento (7)
NOES: Councilmembers None 0
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2022-024 to be the original resolution adopted by the City Council of the
City of Santa Ana on April 5, 2022.
Date:
Resolution No. 2022-024
Page 2 of 2
"Lbuj
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Daisy Gonf6z
Clerk of thb Council
City of Santa Ana
Exhibit A
City of Santa Ana
Administrative
Policies and Procedures
City Manager's Authorization
The Sponsorship Policy
Date
[Month Day, Year]
Purpose
The purpose of the Santa Ana Sponsorship Policy ("Policy") is to provide an effective
framework for considering potential sponsorships that will enhance the programs, events,
and projects provided by the City of Santa Ana ("City') to its residents and visitors.
Definition
Sponsorships are cash or in -kind products and services offered by sponsors with the clear
expectation that an obligation is created. The recipient is obligated to return something of
value to the sponsor. The value is typically public recognition and publicity or advertising
highlighting the contribution of the sponsor and/or the sponsor's name, logo message,
products or services. This Policy addresses sponsorships, the agreements for the
procurement of the resources, and the benefits provided in return for securing those
resources.
Policy
1. TERMS GLOSSARY (See Appendix A)
2. GUIDELINES FOR ACCEPTABLE SPONSORSHIPS
Eligible sponsors must be businesses, non-profit groups, or individuals that promote
mutually beneficial relationships for the City. All potential sponsorships must create a
collaborative working relationship with the City, while taking into consideration
community benefits and contributions, knowledge, and potential or perceived conflict of
interest. All sponsorships should promote the vision, mission, or values of the City.
The City expects any proposed sponsorship will have benefits for all involved parties,
including, but not limited to, benefits for the City and the community, and benefits for
the sponsor. Benefits for the sponsor may include the following: (1) print and electronic
media recognition; (2) press release mentions; (3) on -site and off -site signage
recognition; (4) access to VIP areas, receptions, or events; and (5) complimentary booth
space. Signage recognition information provided in the Sponsorship Agreement shall
be effective throughout the duration of the agreement and in accordance with Santa
Ana Municipal Code (SAMC) sections 41-871 and 41-872.
3. APPLICATION SUBMISSION
The City Manager's Office or designee shall compile and make available to the public a
list of potential sponsorship opportunities. Preliminary proposals shall be submitted to
the City Manager's Office for consideration and be in the format as outlined in the
Sponsorship Application.
3.1 Sponsorship Proposal
Entities interested in establishing a City -sponsor relationship must submit a
Sponsorship Application. The Sponsorship Application shall include a scope of
the proposed sponsorship, including, but not limited to, the following:
3.1.1 Description of organization and specific target market
3.1.2 Summary of sponsorship proposal
3.1.3 Sponsorship categories and events of interests
3.1.4 Benefits of collaboration
3.2Categories of Sponsorships
The categories of sponsorships, listed in order of highest to lowest priority, is as
follows:
3.2.1 Primary Sponsor/ Citywide Event Program Sponsor
3.2.2 Title Sponsor / Interest Specific Event Sponsor
3.2.3 Presenting Sponsor / Single Event Sponsors
3.2.4 Sponsor / Event Contributor
3.2.5 Media Sponsor
3.2.6 Official Supplier
3.2.7 Co -Sponsor
4. APPLICATION EVALUATION
In assessing sponsorship proposals, the City will consider, as appropriate, the following
criteria:
4.1 Compatibility of prospective sponsor's products, services and marketing
goals with the City's mission, visions or values.
4.2 How proposed sponsorship supports current priorities, programs, and core
services of the City, as defined in the City's current budget or other
documents.
4.3 The proposed sponsorship meets a need identified by policies related to
provision of services and programs, the adopted City budget, or City policies.
In addition, the proposed sponsorship enhances current City priority
programs and/or core services by providing additional programming, financial
and/or in -kind resources, community outreach, volunteers, or other tangible
support at least equivalent to the City's contributions, or reduces General
Fund expenditures.
4.4 Compatibility of sponsorship marketing benefits and temporary advertising
with design standards or visual integrity of City facilities and/or events as
defined in the City's various policies and procedures relating to branding and
style, the City logo, Zoning Code, and any applicable provisions of the Santa
Ana Municipal Code.
4.5 Tangible and intangible benefits balanced for both the sponsor and the City.
4.6 The prospective sponsor is one of the following:
4.6.1 Incorporated 501(c)(3) nonprofit organization
4.6.2 California certified tax-exempt nonprofit organization
4.6.3 Public agency
4.6.4 For profit, commercial and/or private business; or individual
committee formally established by the City Council or an official
City Board or Commission
4.6.5 Established club, association or organized group, as
determined by the City Manager's Office or designee that
provides services and programs directly to Santa Ana residents
4.7 Prior relationships with the sponsor and the City have been successful.
4.8 The City Manager or designee has the authority to incorporate a group and/or
sponsorship for a specific event.
5. SPONSORSHIP AGREEMENTS
Sponsorship agreements shall be evaluated on a case -by -case basis and will include
contractual language consistent with all applicable City policies and ordinances and
good business practices. Sponsorship Agreements shall be approved by the City
Council.
6. EXCLUSIONS
The City reserves the right to reject proposed sponsorships deemed inappropriate or
offensive in any manner. The below sponsorships will not be considered.
6.1 Promote practices that violate federal, state or local laws or regulations
6.2 Parties involved in a lawsuit with City
6.3 Promote drugs, alcohol, tobacco or tobacco -related products, gambling or
adult materials or entertainment
6.4 Discriminate based upon a protected class or any other basis prohibited by
federal or state law.
6.5 Include religious symbols, references or statements
6.6 Include political symbols, references or statements
6.7 Endorse products or services that do not comply with City policies or
procedures, or that violate federal, state or local laws or regulations
&8 Derive their business from the sale of alcohol, tobacco or tobacco -related
products, firearms, pornography, or sexually explicit goods or services
6.9 Appear to be in conflict with City policies, procedures, services, or products.
6.10 Create or appear to create a conflict of interest or a potential conflict of
interest.
APPENDIX A
TERMS GLOSSARY
A. "City": the City of Santa Ana.
B. "Citywide Event Program Sponsor": supporting all City of Santa Ana
events or combination of various events during the year.
C. "Co -Sponsors": a sponsor of the same program or service as another.
3
D. "Donation": a monetary (cash) contribution, endowment, personal property,
real property, financial services, equipment, in kind goods or services, or any
other asset that the City has accepted and for which the donor has not
received any goods or services in return.
E. "Event Contributor": contributing supplies, in -kind services, and assistance
with event programming.
F. "in -Kind Sponsorship": payment of a sponsorship fee in goods or services
rather than cash.
G. "Interest -Specific Event Sponsor": event programming for an interest -
specific program category during the year. Category sponsorships are ideal
for companies and organizations interested in aligning their brand with a
specific or niche target market.
H. "Media Sponsor": television and radio stations, print media, and outdoor
advertising companies that provide cash, or more frequently, advertising time
or space, in exchange for official designation of a facility, program or service.
"Official Supplier": a company or organization that pays a premium or
provides substantial economic benefit in exchange for the right to be the sole
advertised provider of goods or services provided to the City.
J. "Presenting Sponsor": the sponsor that has its name presented just below
that of the sponsored facility, program or service.
K. "Primary Sponsor": the sponsor providing the largest contribution and
receiving the most prominent recognition.
L. "Single Event Sponsors": a sponsor that supports one event of their choice
during the year. Sponsorship benefits vary depending on event.
M. "Sole Sponsor": a company or organization that has paid to be the only
sponsor of a facility, program or service.
N. "Sponsorship": the relationship between a sponsor and the City, in which
the sponsor pays a cash or in -kind fee, in return for access to the commercial
potential associated with a facility, program or service.
O. "Sponsorship Fee": a payment made by a sponsor to the City.
4
EXHIBIT 2
Santa Ana
iAu& as Rawdam
SANTAANA
PARTNERSNIP
ANDSPONSORSNIP
OPPORTUNITIES
Santa Ana
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SANTAANA
PARTNERSNIP
ANDSPONSORSNIP
OPPORTUNITIES
Table ofContents
1 Interested In Becoming A
Partner Or Sponsor?
2 Partnerships
5 Sponsorships
7 2023 Events Calendar
8 2024 Events Calendar
10 Programs Sections
11 City Of Santa Ana Demographic
And Economic Data
Table ofContents
1 Interested In Becoming A
Partner Or Sponsor?
2 Partnerships
5 Sponsorships
7 2023 Events Calendar
8 2024 Events Calendar
10 Programs Sections
11 City Of Santa Ana Demographic
And Economic Data
Become a Partner
And sake an impact in Sant Aga
2
PARTNERSNIPS
All partnership levels allow for in -kind contributions
in addition to financial contributions. In -kind
contributions are encouraged to be provided in the
form of services, donations, and items that provide
an overall community benefit during City events
and programs. Value of in -kind contributions will
be assessed by City staff prior to event date.
The City's Special Events team will collaboratively
discuss details of the of proposed contributions
on a case -by -case basis to ensure they meet the
event needs.
Examples ofln-Kind Contributions
■ Providing Staff/Volunteers on the
day of the event
■ SWAG items with added City of
Santa Ana logo
■ Entertainment (Face painters,
balloon artists, DJs, games)
■ Food & Beverage
■ Event Components (inflatables,
arts & crafts station)
■ Event Specific Items
Ex: Easter eggs, candy,
decorations, balloon arches,
photo booths
Become a Partner
And sake an impact in Sant Aga
2
PARTNERSNIPS
All partnership levels allow for in -kind contributions
in addition to financial contributions. In -kind
contributions are encouraged to be provided in the
form of services, donations, and items that provide
an overall community benefit during City events
and programs. Value of in -kind contributions will
be assessed by City staff prior to event date.
The City's Special Events team will collaboratively
discuss details of the of proposed contributions
on a case -by -case basis to ensure they meet the
event needs.
Examples ofln-Kind Contributions
■ Providing Staff/Volunteers on the
day of the event
■ SWAG items with added City of
Santa Ana logo
■ Entertainment (Face painters,
balloon artists, DJs, games)
■ Food & Beverage
■ Event Components (inflatables,
arts & crafts station)
■ Event Specific Items
Ex: Easter eggs, candy,
decorations, balloon arches,
photo booths
Financial and In -kind
Contribution
Title Level
• Physical booth at event and stage mention
• Day -of social media acknowledgement in form of a story on
aPsantoanaparks
• Social media acknowledgment in caption of recap event post on
@santoanaparks
• Designated event component assigned to your organization to
manage and bring additional value
• On -site signage with organization's logo, for display at the
organization's assigned event component
• Social media acknowledgement announcing the designated
event component brought to you by "your organization"
• Organization listed on marketing materials, with logo
placement, as a named partner of the event (fliers, posters,
banners, etc.)
• Involvement as a collaborative partner in event planning and
logistics
• Logo placement on City's website within the specific event
subpage
• Partnership recognition on City issued press releases
• All above items per event -11
• Logo placement on City's website under annual events
page for duration of year
• Ability to participate in additional program services at
Recreation Centers
• City Council and Parks, Recreation & Community Services
Commission (PRCSC) recognition
Financial and In -kind
Contribution
Title Level
• Physical booth at event and stage mention
• Day -of social media acknowledgement in form of a story on
aPsantoanaparks
• Social media acknowledgment in caption of recap event post on
@santoanaparks
• Designated event component assigned to your organization to
manage and bring additional value
• On -site signage with organization's logo, for display at the
organization's assigned event component
• Social media acknowledgement announcing the designated
event component brought to you by "your organization"
• Organization listed on marketing materials, with logo
placement, as a named partner of the event (fliers, posters,
banners, etc.)
• Involvement as a collaborative partner in event planning and
logistics
• Logo placement on City's website within the specific event
subpage
• Partnership recognition on City issued press releases
• All above items per event -11
• Logo placement on City's website under annual events
page for duration of year
• Ability to participate in additional program services at
Recreation Centers
• City Council and Parks, Recreation & Community Services
Commission (PRCSC) recognition
Financial Contribuff
Lcvcls:
MAI'l
• Ability to provide fliers and agency materials at a
sponsorship information grab-n-go table
i.
Stage mention at the event
Social media acknowledgement in form of a Story on
Psantaonaparks
•
Social media acknowledgment in caption of recap event
post on (cDsontocinaparks
Sponsoring designated by
a event component managed
City staff
Social media acknowledgement announcing the
designated event component brought to you by our
organization"
• On -site signage with organization's logo, for display at the
organization's assigned event component
Organization listed on marketing materials, with logo
placement, as a named partner of the event (fliers,
posters, banners, etc.)
Logo placement on City's website within the specific event
subpage
Recognition on City issued press releases
I PI MM Elm
All above items per event
placement on City's website under annual events
page for duration of year
City Council and Parks, Recreation & Community
( Services CommissionPRCSC) recognition
�.I
6
Financial Contribuff
Lcvcls:
MAI'l
• Ability to provide fliers and agency materials at a
sponsorship information grab-n-go table
i.
Stage mention at the event
Social media acknowledgement in form of a Story on
Psantaonaparks
•
Social media acknowledgment in caption of recap event
post on (cDsontocinaparks
Sponsoring designated by
a event component managed
City staff
Social media acknowledgement announcing the
designated event component brought to you by our
organization"
• On -site signage with organization's logo, for display at the
organization's assigned event component
Organization listed on marketing materials, with logo
placement, as a named partner of the event (fliers,
posters, banners, etc.)
Logo placement on City's website within the specific event
subpage
Recognition on City issued press releases
I PI MM Elm
All above items per event
placement on City's website under annual events
page for duration of year
City Council and Parks, Recreation & Community
( Services CommissionPRCSC) recognition
�.I
6
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Fourth ofJuly
Date: •
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Date: Rptember 14 -15, 2024
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Date: - .
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Expected Attendance:
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Date: • - • . •
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Date: • o
Location:
Expected Attends
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' Tet (Lunar New Year) Festival
Date: • - - • •
Location:
Expected Attendant off
Salgado Recreation Center Open
& gym grand Opening
Date.jWax, -•
Locatio "*-10, - • • -
Expected Attendance:
ECCcellentAdventure
Location:
Expected
El Salvador Recreation Center:
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Locatio
ante:
Santa Ana Fun Run & Fit Fest
Location:
Expected Attendance)
Summcrmovicsinthc
Date: •
Locatio • -
Expected Attendance:
Fourth ofJuly
Date: •
Location:
Expected Attend
' Shakespeare in the Park
Date:
Location:
Expected Attenda
Concerts in the Park
Location:
Expected Atte
' Chicane NeritageFestival
Date: • •
Location: : •
Expected Attendance:
' Fiestas Patrias
Fir
Date: Rptember 14 -15, 2024
Locations,F lower --
Expected Attendance: • • • •
' International Older Adults Festival
Date: - .
Location:
Expected Attendance:
' Mid-AutumnFestival f•
Date: • - • . •
Location: ,_- R __
Expected Attendance:
' Birch Park Movie Series
Date: • o
Location:
Expected Attends
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C0NTACT INF()
Cori Lantz
Recreation & Community Services
Supervisor
Email:
CLantz@santa-ana.org
Monique Leon
Recreation Special Event Supervisor
Email:
SpecialEvents@santa-ana.org
SPONSORSHIP AGREEMENT WITH LABORERS' INTERNATIONAL UNION
LOCAL #652 FOR CITY OF SANTA ANA'S 2023 CHICANO HERITAGE FESTIVAL
THIS SPONSORSHIP AGREEMENT is made and entered into this 15th day of
August 2023 by and between Laborers' International Union Local #652 ("Sponsor"), 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 its Chicano Heritage Festival ("Event") in Santa Ana on
August 27, 2023 and desires to retain sponsors for the Event.
B. Sponsor represents that it is able and willing to provide sponsorship for the Event.
C. City and Sponsor desire to enter into this Sponsorship Agreement to identify each
party's respective responsibilities for the sponsorship.
D. Sponsor represents that it does not have any pending or open applications with the City
that require discretionary approval.
E. Sponsor represents that it is not adverse to the City in any pending or ongoing legal
proceeding.
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:
1. SPONSOR BENEFITS
In exchange for the Sponsorship Fee specified in Section 2 below, City shall be
responsible for providing the following to Sponsor:
a. Stage mention during sponsorship acknowledgements at Event;
b. Day -of social media acknowledgement in the form of a story on the @santaanaparks
account; and
c. Social media acknowledgement in the caption of the post -event recap post on
@santaanaparks.
2. SPONSORSHIP FEE
For its participation as a Sponsor for the Event and in exchange for the Sponsor Benefits
in Section 1, above, Sponsor shall pay to the City a sponsorship fee of Seven Thousand Dollars
and Zero Cents ($7,000). This sponsorship fee is payable by Sponsor to City upon execution of
this Agreement and before Event. Sponsor shall not be entitled to the sponsorship benefits
Page 1 of 8
under this Agreement, or to otherwise participate in the Event, if the sponsorship fee is not
received before the Event.
3. EXCLUSIVITY OF SPONSORSHIP
This sponsorship is non-exclusive. The City may enter into other sponsorship
agreements for this Event.
!�0B1.7u1
This Agreement shall commence on the date stated above and continue through August
27, 2023, after the Event, unless terminated as otherwise provided in this Agreement.
5. INDEPENDENT CONTRACTOR
Sponsor 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 Sponsor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Sponsor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Sponsor 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
During the term of this Agreement, Sponsor shall maintain and shall require its
subcontractors or agents, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance:
(1) Commercial General Liability Insurance. Insurance Services Office Form CG
00 01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location
(ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
(2) Worker's Compensation Insurance. In accordance with California State law,
Sponsor, if Sponsor 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, Sponsor agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000
per accident.
Page 2 of 8
(3) Broader Coverage. If the Sponsor maintains broader coverage and/or higher
limits than the minimums shown above, the City requires and shall be entitled to
the broader coverage and/or the higher limits maintained by the Sponsor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
b. Other Insurance Provisions
(1) Additional Insured Status. The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Sponsor including materials, parts, or equipment furnished in connectionwith such
work or operations. General liability coverage can be provided in the form of an
endorsement to the Sponsor's insurance (at least as broad as ISO Form CG 20 10 11
85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33,
or CG 20 38; and CG 2037 if a later edition is used).
(2) Primary Coverage. For any claims related to this contract, the Sponsor's insurance
coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as
respects the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Sponsor's insurance and shall not contribute with
it.
(3) Notice of Cancellation. Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
(4) Waiver of Subrogation. Sponsor hereby grants to City a waiver of any right to
subrogation that any insurer of said Sponsor may acquire against the City by virtue
of the payment of any loss under such insurance. Sponsor agrees to obtain any
endorsement that may be necessary to affect this waiverof subrogation, but this
provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
(5) Self -Insured Retentions. Self -insured retentions must be declared to and approved
by the City. The City may require the Sponsor to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or City.
(6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City.
(7) Verification of Coverage. Sponsor shall furnish the City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage requiredby this clause) and a copy of
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the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Sponsor's obligation to
provide them.
The City reserves the right to require complete, certified copies of all required
insurance policies,including endorsements required by these specifications, at any
time.
(8) Subcontractors. Sponsor shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Sponsor shall ensure that
City is an additional insured on insurance required from subcontractors.
(9) Special Risks or Circumstances. City reserves the right to modify these
requirements, including limits, based on the nature of therisk, prior experience,
insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
a. To the fullest extent permitted by law, Sponsor 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 Sponsor's falsity or
breach of any representation or warranty or breach of any covenant or agreement made or to be
performed by Sponsor pursuant to this Agreement or Sponsor's negligent and/or willful acts,
errors and/or omissions of Sponsor, 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 Sponsor to indemnify the indemnified parties from any
claim arising from the sole 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 Sponsor.
b. To the fullest extent permitted by law, the City shall indemnify, defend and hold
harmless Sponsor, its officers, agents and employees (collectively, the "Sponsor 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 the City's falsity or
breach of any representation or warranty or breach of any covenant or agreement made or to be
performed by the City pursuant to this Agreement or the City's negligent and/or willful acts,
errors and/or omissions of the City, its principals, officers, agents, employees, vendors,
suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
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for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing
herein shall be construed to require the City to indemnify the Sponsor indemnified parties from
any claim arising from the sole negligence or willful misconduct of the Sponsor 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 City.
8. CONFIDENTIALITY
If either party receives from the other party information which due to the nature of such
information is reasonably 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 receiving
party without reference to information disclosed by the disclosing party.
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 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: Parks, Recreation & Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
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Santa Ana, California 92702-1988
Fax: 714-571-4221
To Sponsor: Laborers' International Union Local #652
1532 E. Chestnut St.
Santa Ana, CA 92701
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.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Sponsor 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
Sponsor. 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 Sponsor 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
Inasmuch as this Agreement is intended to secure the specialized services of Sponsor,
Sponsor 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.
13. CANCELLATION OR TERMINATION
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 whether, based upon in part on whether Sponsor had
delivered on Sponsor's obligations under this Agreement, and how to compensate Sponsor, if at
all, for any loss of Sponsorship opportunity. City reserves the right to cancel any portion of the
Event, as it deems necessary and appropriate.
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Cancellation by the Sponsor will be accepted only in writing.
14. NONDISCRIMINATION
Neither party shall discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under
this Agreement. Each party 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. PERSONAL BENEFIT TO CITY OFFICERS AND EMPLOYEES IS
PROHIBITED
Sponsor must not confer a personal benefit, directly or indirectly, to any individual City
officer or employee.
17. NO ENDORSEMENT
Sponsorship shall not be deemed to constitute an endorsement by City of Sponsor, its
services, products, officials, board members, or owners.
18. LIMITATIONS
C. Editorial Control: City retains the right to exercise full editorial control over the
placement, content, appearance, wording, and design of sponsorship materials and messages.
d. No Use of City Logo or Seal: This sponsorship agreement does not allow for the
use of the City's seal or logo by sponsor.
e. Content: Sponsorship signage, materials, advertising, handouts, etc., provided by
sponsor pursuant to this agreement shall not contain the following:
(1)
Obscenity;
(2)
Pornography;
(3)
Fighting words;
(4)
Fraudulent material;
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(5) Defamatory, libelous, or slanderous material;
(6) Promotion of illegal drugs, tobacco products, gambling, or adult
entertainment;
(7) Political campaign speech, speech that supports or opposes a ballot
measure or initiative, speech that supports or opposes any person running
for political office.
19. MISCELLANEOUS PROVISIONS
a. Each 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 damages 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.
c. The portions of this Agreement are severable. Any invalidity, unenforceability or
illegality of any provision or provisions, shall not act to invalidate the entire Agreement. Each term
or provision of this Agreement shall be construed to be valid and enforceable to the fullest extent of
the law.
IN WITNESS WHEREOF, the parties hereto have executed this Sponsorship Agreement
the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
randon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Hawk Scott
Executive Director of Parks,
Recreation and Community Services Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
SPONSOR:
Name:
Title:
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