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HomeMy WebLinkAboutGOLDEN BOY PROMOTIONS 1DE City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect Return form to the Clerk of the Council Office (M-30). f T Call 647 -2520 if you have any questions. i e The agreement with G 2009, v No. j� — j(}��j° (`}Gj was completed on �1 � `C, 10,3 and final payment has been made. Department: PRCSA Phone /Ext.: 4003' Signature: a A)L(Iy Date: Revised 05 -04 -08 MAYOR Miguel A. Pulido MAYOR PRO TEM Brett E. Franklin COUNCILMEMBERS Claudia C. Alvarez Lisa Bist Alberta D. Christy Mike Garcia Jose Solorio 6: PR60 or A"uaA) plW INSURANCE ON FILE WORK MAY — :. PROCEED CLERK OF COUNCIL DATE: 1 /5 -ci3 „s e7�j ql /a3 CITY OF SANTA AN 20 CIVIC CENTER PLAZA • P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 AGREEMENT FOR THE USE OF THE EDDIE WEST FIELD-SANTA ANA STADIUM N- 2003 -090 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy THIS AGREEMENT, made and entered into this day of C—ff 0 2003 by Golden Boy Promotions. Inc. (hereinafter "PROMOTER "), 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 ( hereinafter "City "). RECITALS A. The City desires to allow the PROMOTER the use of the EDDIE WEST FIELD -SANTA ANA STADIUM (Santa Ana Stadium). This Agreement will define the requirements for the Promoter to conduct said soccer game at the Santa Ana Stadium. B. PROMOTER represents that PROMOTER is able and willing to provide such requirements and comply with all conditions as set forth in this Agreement as well as Exhibits to the City. 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. SCOPE OF SERVICES: a. PROMOTER shall provide those requirements as set forth in Exhibit A and Exhibit B to this Agreement; b. PROMOTER agrees to pay in the form of a cashier check for all the costs associated with this event as detailed in this agreement and more specifically identified in Exhibit A; C. City shall agree to allow PROMOTER the use of the Santa Ana Stadium on Thursday, September 18, 2003 from 5:00 p.m. until Thursday, at 10:00 p.m. as set forth in Exhibit A; d. Payment scheduled for said costs shall be made as set forth in Exhibit A. Time is of the essence, failure to make any payments as set forth in Exhibit A shall be considered a material breach of this agreement and the City may terminate this Agreement immediately and the PROMOTER shall not be entitled to any damages for loss. CS 396 2. TERM This Agreement shall commence on the date first written above and terminate on September 19, 2003. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Parks, Recreation and Community ServicesAgency and the City Attorney. 3. INDEPENDENT CONTRACTOR PROMOTER shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not in 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 PROMOTER performs the which are the subject matter of this Agreement, however, the services to be provided by PROMOTER shall be provided in a manner consistent with all applicable standards and regulations governing such services. PROMOTER 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. 4. INSURANCE Prior to undertaking performance of work under this Agreement, PROMOTER shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. PROMOTER shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of PROMOTER's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. PROMOTER shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, PROMOTER, if PROMOTER 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, PROMOTER agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If PROMOTER is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than #1,000,000 per claim. C. The following requirements apply to the insurance to be provided by PROMOTER pursuant to this section: (i) PROMOTER shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If PROMOTER fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect PROMOTER'S right to be paid for its time and materials expended prior to notification of termination. PROMOTER waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 5. INDEMNIFICATION PROMOTER agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, PROMOTER'S special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the PROMOTER or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the events as described in section 1 of this agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effect arising from this Agreement. This indemnity and holds harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The PROMOTER further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFLICT OF INTEREST CLAUSE PROMOTER 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. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons. To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30_ P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services Parks, Recreation & Community Services 888 W. Santa Ana Blvd., 2 "d Floor Santa Ana, California 92701 And, City Attorney City of Santa Ana 20 Civic Center Plaza (M -29_ P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To PROMOTER: Roy Englebrecht Chief Operating Officer Golden Boy Promotions, Inc. 633 W. 5 1 Street, Suite 6700 Los Angeles, CA 90071 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and PROMOTER, 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 PROMOTER. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terns and conditions hereof, shall not bind or obligate PROMOTER nor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of PROMOTER, PROMOTER 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 PROMOTER'S retained by city. 12. TERMINATION This Agreement may be terminated by the City upon failure of the PROMOTER to perform any of the requirements and/or conditions as set forth in this agreement including any exhibits. 13. DISCRIMINATION PROMOTER 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. PROMOTER affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION — VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and 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. 15. PROFESSIONAL LICENSES PROMOTER shall, throughout the terms of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services 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. PROMOTER shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST CITY OF SANTA A PATRICIA HEALY AVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: 1 Michael Vigliotta Deputy City Attorney RECOMMENDED FOR APPROVAL Jon ip" Ribble Executive Director Parks, Recreation and Community Services Agency Poadm /events /stadiumiboxing /agreement Itr- revised 8 -28 ROM ER Roy Engl Brecht, Golden Boy Promotions, In Chief Operating Officer Employer ID# or Individual SS# EXHIBIT A Program format is as follows: 1. Your organization will begin setting up on Wednesday, September 17, 2003, at 6:00 a.m. 2. Gates open to the public on Thursday, September 18, 2003 at 6:00 p.m. 3. Event begins at 6:20 p.m. 4. Event ends at 10:00 p.m. 5. Facility closed at 12:00 p.m. and all chairs, boxing ring, lights, and other equipment must be removed from field. 6. Maximum attendance will be 4,268 on the west side only and 772 on the Stadium turf equaling a maximum allowable attendance of 5,040. 7. Admission: $65 — VIP ring side; $35 blue seats; $25 center seats; $20 end seats. The following are the PROMOTER's event requirements for this event: A. PROMOTERS RESPONSIBILITY PROOF OF INSURANCE: PROMOTER shall provide proof of insurance as set forth in the Agreement no later than September 2, 2003 (16) days prior to the event taking place. 2. REQUIRED PLOT PLAN: Provide three copies of the "plot plan" to the Santa Ana Fire Department for approval no later than Thursday, September 4, 2003. The plot plan must include the electrical setup, walkways, portable restrooms, parking, the large trash container, and the bleacher /boxing ring layouts. Said plan must be approved by the Fire Department, 3. FIRE AND ELECTRICAL INSPECTION - PROMOTER shall arrange with the Santa Ana Fire Department and /or the Santa Ana Planning and Building Agency for your electrical inspection of all generators. 4. O.C. HEALTH DEPARTMENT REQUIREMENT.- Obtain approval and food service inspections from the Orange County Health Department no later than Tuesday, September 9, 2003. Any booths not receiving prior approval from the Orange County Health Department will not be allowed to operate. 5. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — PROMOTER shall be responsible for making contact with the Washington Square neighborhood association in writing to inform them of your planned activity. A copy of that letter shall be copied to the City. The neighborhood association's contact person is: Lynette Gallegos Washington Neighborhood Association 1321 N. Towner St. Santa Ana, CA 92706 -3748 Tel: (714) 592 -4050 6. REQUIRED EVENT PERSONNEL; PROMOTER must pay for event security as determined by the Santa Ana Police Department including Santa Ana Police Department officers, Park Rangers and private security persons. Santa Ana Police Department shall approve the recommended private security company. Said Company shall be bonded and licensed by the State of California. That private security company will be under full direction of the Santa Ana Police Department. As required by the Santa Ana Police Department, among other things, all security officers will carry two -way radio equipment to enable them to communicate with all other security personnel. All security personnel will wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company persons will be armed. 7. POLICE DEPARTMENT REQUIREMENTS: - Provide the Police Department the name of the PROMOTER's Event Representative by Tuesday, September 9, 2003. The PROMOTER's Event Representative shall be empowered to act on behalf of the Promoter on all matters concerning the operation of the event. 8. PRE -EVENT AND POST EVENT MEETING WITH PARK PERSONNEL — PROMOTER shall meet with the City Parks personnel to agree upon the condition of the stadium before and after the event. Each of those meetings shall begin at the Santa Ana Stadium. 1) Pre - inspection meeting in on Tuesday, September 16, 2003 (contact Paul Johnson at 571 -4282 for time). 2) Post - inspection meeting is on Friday, September 19, 2003 (contact Paul Johnson at 571 -4282 for time) 9. REQUIRED CLEANUP /DAMAGE DEPOSIT— PROMOTER shall provide a $3000.00 refundable damage /cleanup deposit to the City of Santa Ana by Friday, September 12, 2003. Monies from the deposit not used for damages, renovation, field aeration, cleanup of the park or any unforeseen security costs for this event will be refunded to you. 10. PROTECTION OF FIELD AND TURF — PROMOTER shall be responsible for protecting the sport turf during the event. The PROMOTER shall protect the sport turf by setting up the event in a way as not to cause damage to the turf. The PROMOTER accepts responsibility for all damage that occurs to the turf as a result of his /her event. 11. SPONSORSHIP: PROMOTER agrees that the City shall approve all event sponsors. The PROMOTER shall submit a list of his/her proposed sponsors along with an event sponsorship plan to the City for approval by Thursday, September 4, 2003. Among other things, the sponsorship plan shall describe or depict the locations within the Stadium where the advertisements shall be installed. The PROMOTER further agrees that all event sponsorship shall be allowed for the event day only. 12. TELEVISION /RECORDING RIGHTS: The PROMOTER has informed the City that HBO Latin television will broadcast live and record the event. City reserves the right to approve any substituted broadcaster of the event. A film permit fee of $1,100.00 described in the City's Fee Resolution shall be paid to the City by Friday, September 12, 2003. 13. SALE OF BEER, ALCOHOL OR CIGARETTES: - PROMOTER agrees there shall be no beer, alcoholic beverages or tobacco products sold at this event. An exception will be made for the PROMOTER to sell beer (no other alcoholic beverage will be allowed) only if the Alcoholic Beverage Control (ABC) issues a one day permit for this event. 14. FOOD. BEVERAGE & MERCHANDISING: Upon receipt of the City of all required permits, PROMOTER shall have the right to sell food, non - alcoholic beverages and merchandise. The PROMOTER shall submit to the City the name of all vendors who the PROMOTER enters into agreements with, for food, beverage and merchandising. The PROMOTER agrees and understands that all vendors shall have OC Health Department approval and have a City business license. Proof of these requirements shall be submitted to the City by Tuesday, September 9, 2003. PROMOTER further agrees that all beverages shall be dispensed in a cup. NO glass bottles or cans shall be sold. Also, beverage sold in plastic recyclable bottles may be sold. Also, the PROMOTER agrees that all merchandise shall be safe and not of a nature that can be used to injure a person or deface the facility. Items such as, but not limited to banners attached to sticks, stickers, hard mugs, etc. shall not be sold. 15. ADDITIONAL POLICE /FIRE /PARK PERSONNEL: PROMOTER agrees that if a disturbance or other significant event occurs the PROMOTER shall be responsible for any additional costs incurred by the city. The PROMOTER understands and agrees to pay for any unforeseen costs associated with his /her event. 16. TICKET MANIFEST: The PROMOTER agrees to use a bonded ticket company for printing the event tickets. The PROMOTER shall provide the City with a ticket manifest from the company guaranteeing that no more than 5,040 tickets will be printed and sold. The PROMOTER also agrees that he /she will provide, at his /her expense, ticket takers and sellers for the event. Should the PROMOTER elect to rent the stadium using the rental fee plus 10% of the gross ticket sales, that the City will provide ticket takers and ticket sellers who will, following the event, reconcile the actual gross ticket sales with tickets taken. 17. CITY BUSINESS LICENSE: As a precondition to having this event, the PROMOTER shall provide Parks, Recreation & Community Services with a copy of their City business license by Tuesday, September 9, 2003. CITY'S RESPONSIBILITIES: FIELD PREPARATION & FACILITY STAFFING: The City shall provide staff to operate the facility and assist the PROMOTER with facility operation, questions and requests during the event. The City event staff shall also provide the PROMOTER with the facilities team locker room /showers. In addition, the City shall maintain the facilities restrooms during the course of the event. 2. EVENT SERVICES — The City shall provide all security and fire services personnel at the PROMOTER's expense. In addition, the City shall make available any City inspectors deemed necessary to inspect the event set -up at the PROMOTER's expense. C. EXPENSES TO PROMOTER: The PROMOTER agrees and understands that this is NOT a city sponsored event and is responsible for the costs of his/her event. The following is an estimate of the PROMOTER's event costs: 1. Refundable Reservation Deposit $3,000.00 2. Rental of Facility $5,304.00 3. Rental for set up the day before $ 834.00 4. Cost for film permit $1,100.00 4. Police costs A. Santa Ana Police Department $10,423.00 B Park Ranger $ 585.00 C. Private Event Security- Soft Security $2,388.00 TOTAL $23,634.00 A certified check or money order made out to the City of Santa Ana in the amount of $23,634.0 0 shall be submitted to the City by Friday, September 12, 2003 at 5:00 p.m. Following the event, a complete summary of actual City expenses shall be given to the PROMOTER. If the actual expenses are less than the estimated costs for the event, the City shall reimburse the Promoter within (60) sixty days of the event. If the actual expenses are greater than the estimated expenses, then the PROMOTER agrees to reimburse the City within (60) sixty days of the event. PoadnVevents /stadium /agreement Itr —with alcohol -EXH -A revised- septl1 -03 EXHIBIT B ALCOHOLIC BEVERAGE CONDITIONS FOR STADIUM EVENTS 1. The sales and service of alcoholic beverages shall occur only between the hours of 6:00 p.m. and 9:00 p.m., or at the discretion of the Sergeant in command. 2. Between the hours of 6:00 p.m. and 9:00 p.m. or at any time the premises are providing entertainment/sporting event, the petitioner(s) shall provide a minimum of 22 uniformed police officers within the stadium. This shall not include all other security personnel listed on attachment A. 3. The sales of alcoholic beverages shall be limited to a maximum of four dispensing points. Said area shall be cordoned off and secured with one entry/exit. Security personnel shall be assigned to monitor the entrance of this area for compliance with these conditions. 4. The sales of alcoholic beverages shall be limited to beer only. 5. Advertising which indicates the availability of alcoholic beverages shall be posted only on the interior of the venue. At no time shall alcohol advertising be directed or visible from the exterior of the venue. 6. Persons that are purchasing and consuming alcoholic beverages must be of majority age (twenty -one years of age or more) and must have a wristband affixed to their arm. Prior to issuing a wristband there shall be a responsible adult verifying age by means of valid California identification. Alcoholic beverages shall be served in distinctive cups, which are different from those used for non - alcoholic beverages. All alcoholic beverages shall be sold in paper or plastic cups and not in their original glass or metal containers. 8. Alcoholic beverages may not be sold in their original plastic containers. 9. No more than two cups containing alcoholic beverages may be sold to a customer at a time. No alcoholic beverages shall be sold in containers larger than sixteen (16) ounces in size. 10. The server is prohibited from selling alcoholic beverages to an obviously intoxicated person. 11. The server must be a minimum of 21 years of age. NOTE: The State Department of Alcoholic Beverage Control (ABC) may impose additional conditions as deemed necessary. Dated: Lo IV) f2 K147 Applica t/re onsible party Sep 16 U637tl p3 04 %37p L COLE INS 08/25/2003 11:18 630-66f---94 k FOR SERNnCE CALL: {FRANCIS L DEAN R ASSOCIATES. IINQ WHEATON, ILLINOIS BOOJ745.2409 Hvw.fdRaR.cw11 I GOtOEN BOY PROMOTIONS $33 W. !... STREET, $6700 LOSANGELER. CA 9097t p.l 214 - 823-3805 p•4 R. DEAN AS90C ?A6£ 93 ONLY AND CC MOLDER. 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Cadarmla 92101 (Completwn of the beaNeq, keduding twd m19malum. is rwmArod to make this ondorssm m sMcsvo.) F.lkdiva o/1g/i2n7_91101200 -4 this ondosemwd%Masapwtd pOiiCyY 1LGL000989 -00 Weeadfo GOLDEN SOY PROMOTIONS Nwewa inetled COtntBltlptea0 _ _, C- APPROVED AS TO FORM L re Shcedy eputy City Attorney P.5 P.2