HomeMy WebLinkAboutDUARTE JESUS 1City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M -30).
Call 647 -6520 if you have any questions.
The agreement with Duarte, Jesus
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COTC Office Use Only
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PM a: 119
No. N- 2002 -170 was completed on 11/21/02 and final payment has been made.
(List all amendments. Use space below if needed.)
Department: PRCSA
Phone /Ext.: 5254
Signature: < ?/ /CA
Date: 4/17/14
Revised 0 8-2 3-10
AGREEMENT FOR THE USE OF DAN YOUNG SOCCER COMPLEX
IN CENTENNIAL REGIONAL PARK
~ THIS AGREEMENT, made and entered into this 2.0-1- It) day of ~, 2002 by
~ and Jesus Duarte (hereinafter "PROMOTER"), and the City of Santa Ana, a charter city and
'::: 51 ::5 ..!]1unicipal corporation organized and existing under the Constitution and laws of the State of
~ g ~ \<\ ~alifomia (hereinafter "City").
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The City desires to allow the PROMOTER the use of the Dan Young Soccer Complex
in Centennial Regional Park. This Agreement will define the requirements Promoter
to conduct said soccer game at the Dan Young Soccer Complex.
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 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 Dan Young Soccer Complex in
Centennial Regional Park on Wednesday, November 20,2002 from 4:00 p.m.
until 10:00 p.m. as set forth in Exhibit A.
d. Payment schedule 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
material breach of this agreement and City may terminate this Agreement immediately.
Promoter shall not be entitled to any damages for loss
3. TERM
This Agreement shall commence on the date first written above and terminate on
November 21, 2002. The term of this Agreement may be extended upon a writing executed by
the Executive Director of the Parks Recreations and Community Services Agency and the City
Attorney.
4. INDEPENDENT CONTRACTOR
PROMOTER 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
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.
5. 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.
2
e. 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 shan state that the policies shan not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f 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 proofthat insurance has been procured
and is in force and paid for, the City shan have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shan 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.
6. INDEMNIFICATION
PROMOTER agrees to and shan indemnify and hold harmless the City, its officers,
agents, employees, PROMOTERs, 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 I 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
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged
to have been suffered, by reason ofthe 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 chanenging 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 terms 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.
3
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
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
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:
Pedro Magallon
1001 S. Corta Drive
Santa Ana, CA 92704
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
4
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 terms 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 shaIl 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 PROMOTERs retained by
City.
12. TERMINATION
This Agreement may be terminated by the City upon failure of Promoter to perform any
ofthe requirements and/or conditions as set forth in this agreement including any exhibits.
13. DISCRIMINATION
PROMOTER shall not discriminate because ofrace, 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 shaIl be govermnent and construed in accordance with the laws of the State of
5
California. 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.
15. PROFESSIONAL LICENSES
PROMOTER shall, throughout the term 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.
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A TRICIA E. HEA~ . ~
Clerk of the Council
CITY OF SANTA ANA
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. AV .REAM
'City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
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By: "
Michael Vigliotta
Deputy City Attorney
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RECOMMENDED FOR APPROVAL
~
Executive Director
Parks, Recreation and Community
Services Agency
PROMOTER
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(NAME) ,_. , 'r ., r J,
(TIT E) J/\-.Q c. / ?-< ( I' (l. >.
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ployer ID # or Individual SS #
EXHIBIT A
Program format is as follows:
1. Promoter will begin setting up at 12:00 pm;
2. Gates open to the public at 4:00 pm;
3. Pre-game events begin at 4:00 pm;
4. Main event (international game) begins at 8:00 pm;
5. Main event ends at 10:00 pm;
6 Facility closed at 10:30 pm:
7. Clean-up on Thursday, November 21, 2002 beginning at '7 a.m.
through Cj "'. '''\
8. Maximum attendance is 2,200;
9. Admission: $7.00. Kids under 12: Free;
10. Sponsors: Super Antojitos, Clinica, One More Pizza;
11. Entertainment schedule: Folklorica dancers
A. PROMOTERS RESPONSIBILITY
1. PROOF OF INSURANCE Promoter shall provide proof of insurance as required in the
agreement to which this Exhibit A is attached.
2. REQUIRED PLOT PLAN - Provide three copies of the "plot plan" to the Santa Ana Fire
Department for approval no later than Friday, November 15, 2002. The plot plan must include
the electrical setup, walkways, portable restrooms, parking, the large trash container, and the
booth layouts. Said plan must be approved by the Fire Department.
3. FIRE AND ELECTRICAL INSPECTION - You must arrange with the Santa Ana Fire
Department and/or the Santa Ana Planning and Building Agency for your electrical inspection
of all generators.
4. OC HEALTH DEPARTMENT REQUIREMENTS - Request approval and food booth
inspections from the Orange County Health Department no later than Friday, November 15,
2002. Any booths not receiving prior approval from the Orange County Health Department
will not be allowed to operate.
5. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS - You shall be responsible for making
contact with the neighborhood association to inform them of your planned activity and to gain
their support for your planned activity in writing by Friday, November 15, 2002. Submit copy
of signed letter to the Santa Ana Police Department and to the Parks, Recreation and
Community Services Agency. In addition Promoter agrees to deliver 8.5"x11" event
information niers to homes in Windsor Village neighborhood.
6. REQUIRED EVENT PERSONNEL - Promoter must pay for event security as determined by
the Santa Ana Police Department. The recommended private event company shall be
bonded and licensed by the State of California. That company must be pre-approved by the
Santa Ana Police Department. and shall be under full direction of the Santa Ana Police
Department. You must also provide a copy of your signed agreement with the security
company, by Friday, November 15, 2002. All security officers must carry two-way radio
equipment to enable them to communicate with all other security personnel. All security
personnel must wear highly visible attire (security vest, jacket) identifying them as security
officers. None of the security company persons may be armed.
7. POLICE DEPARTMENT REQUIREMENTS - Provide the Police Department the name of the
Promoters Event Representative by Monday, November 18, 2002. 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 _ You Shall meet with
the City Parks personnel to agree upon the condition of the park before and after the event.
Each of those meetings shall begin at the Dan Young Soccer Complex.
1) Pre-inspection meeting in on Monday, November 18, 2002.
2) Post-inspection meeting is on Thursday, November 21,2002.
9. REQUIRED CLEANUP/DAMAGE DEPOSIT - Provide a $300 refundable damage/cleanup
deposit to the City of Santa Ana by Monday, November 18,2002. 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 or irrigation system (sprinkler heads, etc.) at the complex.
Such precautions may include painting around or covering the sprinkler heads with a "metal
disk", or whatever efforts the Promoter finds necessary to protect the irrigation equipment, at
promoter's expense. The Promoter accepts responsibility for all damage that occurs to the
sport 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 Monday, November 18, 2002. The sponsorship plan shall
describe or depict the locations within the Dan Young Soccer Complex where the
advertisements shall be installed. The Promoter agrees and understands that the City will not
approve alcoholic beverage or tobacco sponsors. 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 there will be
no television or recordings of the event Which shall be used for profit by the Promoter.
Should the Promoter elect to televise or record the event for profit he/she shall be responsible
for paying the City a film permit fee as described in the City's Fee Resolution.
13. SALE OF BEER. ALCOHOL OR CIGARETTES - Promoter agrees that there shall be no beer,
alcoholic beverages or tobacco products sold at this event.
14. FOOD. BEVERAGE & MERCHANDISING - Promoter shall have the rights 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 Monday, November 18, 2002. Promoter further agrees that all
beverages shall be dispensed in a cup. NO bottles or cans shall be sold to prevent injury to
athletes, coaches and event attendees from thrown objects. 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
B. CITY'S RESPONSIBILITIES:
1. FIELD PREPARATION & FACILITY STAFFING - The City shall provide staft to
operate the facility and assist the Promoter with facility operation questions and
requests during the event. The City event staft shall also stripe the soccer field,
provide team benches on the field, provide one 6' folding table and 4 folding chairs for
the Promoter to use during the event. The City 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 a 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 Cleanup/Damage, Security Deposit
2. Rental Of Facility
3. Sport Field Services (Aeration, Fertilization, Irrigation)
4. Security Costs:
i) Police costs
ii) Soft Security costs
iii) Park Rangers
5. Fire Department Costs
$ 300 00
$ 600.00
$ 60000
TOTAL
$2,451.00
$1,16000
$ 200.00
$ 392.00
$5,703.00
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--------
A certified check or money order made out to the City of Santa Ana in the amount of $5,703.00 Shall be
submitted to the City by Monday, November 18, 2002 at 5:00 pm. 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 days of the event if the actual
expenses are greater than the estimated expenses, then the Promoter agrees to reimburse the City within
60 days of the event
----
Nov 20 O~ OS:lla
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santa ana prcsa
7145714235
NO. 906
FAX NO. 2604585120
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