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HomeMy WebLinkAboutDOUBLETREE HOTEL SANTA ANA/ORANGE COUNTY AIRPORT 7 -2008INSURAnoE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N-2008-163 5 CJ-~"l CLERK OF COUNCIL DATE: ia-IR-o~' SPECIAL EVENT AGREEMENT THiS AGREEMENT made and entered into this 23`s day of September, 2008 by and between the Doubletree Hotel Santa Ana/Orange County Airport (hereinafter "Doubletree"), 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 retain a Contractor having special skill and knowledge in the field of holding special event banquets. B. Doubletree represents that it is able and willing to provide such services to the City. C. [n undertaking the performance of this Agreement, Doubletree represents that it is knowledgeable in its field and that any services perfomded by Doubletree under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional in the field. 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: I. SCOPE OF SERVICES Doubletree shall provide event services, including catering, servers, sound system and facility, as set forth in Exhibit "A" attached hereto, for the Santa Ana Police Department Awazds Banquet to take place at the Doubletree Hotel Santa Ana/Orange County Airport, on April 17, 2009 (hereinafter "said Event"}. Doubletree services shall include: • Use of meeting room. • Provide tables, seating and equipment, including the sound system and podium; • Catering of the event, including preparation and service, for approximately 300 people; • Cash baz with bartender • Parking, including valet parking • Set up, take down and clean up of said Event. Z. COMPENSATION a. City agrees to pay, and Doubletree agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended pursuant to this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. City shall make payments and deposits as set forth in Exhibit A. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 11, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR Doubletrce 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Doubletree performs the services which are the subject matter of this Agreement; however, the services to be provided by Doubletree shall be provided in a manner consistent with all applicable standards and regulations governing such services. Doubletree shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similaz taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Doubletree shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability [nsurance. Doubletree shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) 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 Doubletree'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 coverag eaPn the total amdou of $1 000,000 per including death resulting therefrom, and property damag > occurrence. Doubletree 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Doubletrce, if Doubletree 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, Doubletree agrees accident and maintain any employer's liability insurance with limits not less than $1,000,000 Per' c. The following requirements apply to the insurance to be provided by Doubletree pursuant to this section: (i) Doubletree 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. d. If Doubletree fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish 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. 6. INDEMNIFICATION Doubletree agrees to and shall indemnify and hold hazmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief aiising out of claims for personal injury, including health, and claims for property damage, which may ents, em to ees, direct or indirect operations of Doubletree or its contractors, subcontractors, ag p Y or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. Doubletree 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 ust com ensation, regazding any action by a third parry asserting that personal injury, damages, j p 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. 7. CONFIDENTIALITY If Doubletree receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Doubletree 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. g, 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 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 copy to Chief of Police 60 Civic Center Plaza (M-97) Santa Ana, California 92701 facsimile (714) 245-8007 To SAPAEC: Doubletree Hotel Catering Services 201 East MacArthur Blvd. Santa Ana, California 92707 facsimile (714) 825-3320 Attn: Tori Dileno Catering Manager 9. EXCLUSIVITY AND AMENDMENT This Agreement, with the attached Exhibit A, represents the complete and exclusive statement between the City and Doubletree, and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Doubletree. 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 Doubletree norothe~Cio . Each party to this Agreement acknowledges that no representafoonanione atin on behalf of any agreements, orally or otherwise, have been made by any party, Y g party which are not embodied herein. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Doubletree, Doubletree 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 Contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon ninety (90} days written notice of termination, as set forth in Exhibit A. 12. DISCRIMINATION Doubletree 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. Doubletree affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. NRISDICTION -VENUE This Agreement has been. executed and delivered in the State of Califomia 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. 14. MISCELLANEOUS PROVISIONS 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 injurieo= Sr d ~a wn. City in the event that such authority or power is not, in fact, held by the signatory // // // 11 // // // // // 1/ // IN WITNESS W HEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: PATR[CIA E. HEAL City Clerk CITY OF SANTA ANA -~ ~U w~ DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: ~ <% i La Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police DOUBLETREE HOTEL SANTA ANA/ORANGE COUNTY AIRPORT: ~~ TORT DELINO Catering Manager Tax I171k Cf( CATERING EVENT CONTRACT DOUSLETREE Prepared on August 19, 2008 HOT n' Commander Jose Gonzales SANTA ANA POLICE 60 Civic Center Plaza Police Department I M-96 Santa Ana, CA 92702 \~""1 ~ ",'''' O"'~~l;f LOI,,,n ^,lI;r~'Rr DEPARTMENT Dear Cpl. Gonzales: The DoubleTree Hotel Santa Ana/Orange County Airport is honored to be hosting your up coming event. A satisfied customer is our goal. We will strive to provide you with service that exceeds your expectations. FUNCTION SPACE: Based on your requirements as you have indicated them to be, the DoubleTree Hotel is pleased to offer the following arrangement for your program: Specific meeting room(s) cannot be guaranteed and are subject to change. Date Time Event Set Up Attendees Room Rental April 17, 6:00 PM - Cocktail Other 300 $0.00 2009 7:00 PM Receotion April 17, 6:00 PM - No Host Bar Other 300 $0.00 2009 11:00 PM April 17, 7:00 PM - Dinner Rounds of 10 300 $0.00 2009 11:00 PM PAYMENT ARRANGEMENTS: A non-refundable deposit of $1 ,000.00 is required to reserve requested date and space on a definite basis and begin the planning of your special event. At this time, a form of payment is requested for our Accounting file. For your convenience, a credit card authorization form has been included for completion and placed with our Accounting file as a guarantee form of payment. Your event's balance must be paid in full three (3) days prior to your arrival. All deposits and payments are non-refundable and will be applied towards your final balance as satisfied. MINIMUM GUARANTEE: Based on the approximate number of guests set forth above, the minimum revenue guarantee in food and hosted beverage outlined below is required for the contracted space to be reserved for your event. It is agreed by both parties this amount is a financial commitment that SANTA ANA POLICE DEPARTMENT is responsible for: MINIMUM REQUIRED REVENUE: $7,600.00 This minimum revenue does not include (21%) service charge, (7.75%) sales tax,labor charges, audio visual, or any other miscellaneous charges incurred. Should your final count drop below the approximate number of guests listed above, we will be happy to advise you on additional alternatives in food and beverage which will bring you to the agreed upon minimum revenue figures for your function. 7 FOOD & BEVERAGE: The DoubleTree Hotel Santa Ana/Orange County Airport is pleased to offer a 10% discount on the dinner entree for the SANTA ANA POLICE DEPARTMENT. The DoubleTree Hotel Santa Ana/Orange County Airport will set up (1) cash bar. In the event that the minimum bar guarantee of $400.00 per bar is not achieved, a labor charge of $75.00 plus 21% service charge and 7.75% sales tax per bar will apply. CANCELLATION CLAUSE: The client agrees that should it cancel its event for any reason, including changing its meeting site to another hotel, that the DoubleTree Hotel Santa Ana/Orange County Airport will suffer damages. The closer in time to the date of your event that a cancellation occurs, the less likely it is that the DoubleTree Hotel Santa Ana/Orange County Airport will be able to replace any or all of your business with comparable business. Cancellation between date of signing until six (6) months before event date: 10% Cancellation between six (6) months and four (4) months before event date: 25% Cancellation between four (4) months and (2) months before event date: 55% Cancellation less than (2) two months before event date: 75% Cancellation with in 30 days of your event will be: 100% GUARANTEED ATTENDANCE: In better preparation for private functions, a confirmation of your final attendance will be required no later than 10:00AM (3) working days prior to the commencement of the function. This number will be considered a guarantee, not subject to reduction, and charges will be made accordingly. The Hotel cannot be responsible for service to more that five (5%) percent over the guarantee for groups of 400 and above; and three (3%) percent for groups of 399 and below. SERVICE AND LABOR CHARGES: All purchases, charges and fees are subject to a 21% service charge and 7.75% sales tax. FOOD CONSUMPTION: In order to control the quality of products served on our premises, and to ensure that all legal requirements concerning health department and governmental regulatory agencies are met in a professional manner, we must insist that no food or beverage to be brought into the facility or removed from the facility by the patron or any guests or invitees of any function. Buffet dinners are limited to 30 minutes of service after the last table is served. PARKING: The DoubleTree Hotel Santa Ana/Orange County Airport is pleased to provide the ultimate in conveniences with our automobile Self and Valet Parking services for your guests. The current per day charge is $10.00 per vehicle for Non-Hosted Valet and $8.00 per vehicle for Hosted Valet. Self parking is complimentary upon availability. OVernight parking is not included in this rate. Parking rates are subject to change without notice. 8 . . EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY ~ 0' Insurance Company \^. ~1\ ~ ~~~ b~ This endorsement modifies such insurance as is afforded by the provisions of Policy # \, 7,02- "" ?-'i; l'<\ 'f,;:>6relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270]; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to OS:-(C\/DX - os-leI 10"- (,':',">?--''\2-% "" e",<o. fO^L-f'- '<\9~~;~..};Sj c~ i.l . N ed nsured , this endorsement form as a part of Countersigned by ]0 Page 2 of4 From:KatJe Marr faxlD: ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 KU 1- DATE IMMJDDIY"r1'YI PACI009 12/16/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (PA) Heffernan xnsurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 180SA Embarcadero Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palo Alto CA 94303 Phone: 650-842-5200 Fax:650-842-5201 INSURERS AFFORDING COVERAGE NAIC# INSURED INSU:<ERA Tu..,.l.u prop.rty CIl$ualty Co 25674 Pacific Hos~ita~ity Groug' Inc INSI..1i<ERB Im~erial Ho el Grou~, LL INSIJrtERC DB : DoubleTree San a Ana 201 East MacArthur Blvd. INSI..T?ER D Santa Ana, CA 92707 INSI.JKERE THE POLICIES Of INSURA.'lCE LISTED BELOW HAVE BEEN i"6<;;lJED TO THE IN'~URE~ NAMFDABOVE FOR THE paler PERIOD INDICATED. NOlVVlTHSTANDING ANY REOL'IREMENT. TERM OR CONDITION OF "NY CONTRACT OR OTHER COCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUE:UECT TO.I\l..L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUa-l POLICIES AGGREGATE LIMITS SHOWN MAY HA.VE BEEN REDUCED 81' PAID CLAltIIS LTR NSR TYPE OF INsuRANCE POLICY NUMBER DATE I~r8DNv) D~TE' (MMlDDJYYf UMITS ~NERAL LIABlLllY EACH QCCURf:iENCE '1,000,000 A X COMMERCIAL GENERAL LIABILITY 6302928M836 05/01/08 05/01/09 PREMISES lE~<:;~CllrerKeJ $ 300,000 I CLAIMS MflDE o OCCUR MEO EXP (Any o.'le per'ion) .5,000 I-- PERSONAL & AD\I INJURY $ 1,0001000 e- GENERAl A(;GREG,A,TE .2,000,000 (,EN'L ACGREGATE LIMIT tlPPL'ES PER PRODUCTS. CQMP/OP A,GG $ 2,0001000 I P'JL\CY' n ~g;- r\ LOC Emp Ben. 1,000,000 AUTOMOBILE UABIUTY COMBINW SINGU:: LIMIT .......-... $ 1 J 000 1 000 A ~- ANY AUTO 8102928M836 05/01/08 05/01/09 lEa accident) .---.---------.-.- --.-.-.-.--.---.-.--- ALL oWNeD AuTOS BODilY INJURy' .-. $ SO"'EDUlEOP,uTOS IPerp~90n\ - -----...-....-... ......-,......-......-.........- .....---- ~ HIHED A.\J'OS BODILy INJUR'1' $ I-~ N01'J..OWNED AUTCS (Peraccloent) 1------------- -,--,-,-,---_._'--'- - --""--" .- --",,,,,,,,-,,," - . PfWPERTY DAMAGE $ . .,,/ IF'ilrac,ejoent) ~rE L~BIUTY AUTO ONe Y ,. FA ACCIDENT .!..-......... );:;/ ^ dtll / / ") '--"'"'--''''''''-''' -""''''---''- .--."....,-.--. ANY NJfO OTHER n-IAN EAN:.C , -. - AUro ONLY -'''''''' --,...-,---'''''--- - AGG . EXCESS/UMBRELLA LIABILITY (/UV ! f:A.CH OCCURREJK.E . ~OCCUF" e--] , .--..-...---.-..-..-....- ..-....--.--. _.m CLAIMS tJADE" .::-~~~_...-,""-",-,,,- ~.._...._.__._--_..- 1---...--....-..-...-.--.- , :=1 DEDUeTl.,.E .-..---..-.--.-.- . ----....-....-----"-'---"'-'-" --..-..---.---..-.-.- RETENTION I . WORKERS COMPENSATION AND ITORYL'~I'TS I I'ER EMPLOYERS' LIABILITY ANV PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT . OFFICER/MEMBER EXCLUOED""! E.L DISEASE... E.A EMPLOYEE , it..",s,descnbelJllder SPECIAL PROVISIONS below E L DISEASE - PQLlCY Llt,1IT . OTl-lER DESCRIPTION Of OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS Re: Event for the Santa Ana police Department - April 17th, 2009 The city of santa Ana; its officers, empl.oyees, agents, vol.unteers and representatives are named as Additional Insured on the General Liability policy with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. . .cont. CITY004 SHOULD ANY OF THE ABOVE DESCRIBED POLlCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR COVERAGES The city of Santa Ana 20 Civic Center Plaza santa Ana, CA 92701 @ACORDCORPORATlON1988 ACORD 25 (20011081 From:K.atle Marr FaxlO: Page 3 of 4 NQt,~~~q:tJ ~~Rt~f~~el. Additional Insured Endorsement attached. and non-contributory. *Except 10 days notice for non-payment of premium. primary From:l<..atie Marr FaxlD: Page 4 of 4 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P_630_292BM836-TlL-08 ISSUE DATE: 12-17-08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect 10 liability arising out of your acls or omissions. CGT4911188 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 Page 1 oroll From:K.atle Marr faxlD: ~~ HEFFERNAN INSURANCE BROKERS ;.. r..'"~nIHII olll"1! --lefloeIHJ"' Gr(1~I;l Heffernan Insurance Brokers 1808A Embarcadero Rd. Palo Alto, CA 94303 Phone Number: (650) 842-5200 Fax Number: (650) 842-5201 License # 0564249 F:4X TRANSMITTAL Date: 12/18/200809:22:24 AM To: Santa Ana police Department Attn: Cory Fuller Fax #: (714) 565-4020 From: Katie MalT # of Pages: 4 Subject: Certificate ofInsurance and Endorsement COMMENTS: Hi Cory, Please see attached the revised certificate with endorsement. I apologize for the delay, I hope the event is a success! Kind Regards, Katie If this fax is incomplete or difficult to read, please cm!: (650t 842.5200 The infonn"'ion ,ont,,;ned in this fuco;imile tr"""",,ffion I' legally privileged and confidenti>>L intended only fo; the addressee. Any me, "view, dl'tribution or copying oftl"' tramrnission by anyone other tllan tllO add""ee is strictly prohibited and is not a waiver of any applicable privilege agau"t disclosure. If you have received this trdnsnUsffion in mor, please contact tllO above and inunediately "turn tllO original to Heffernan Insurance Brokers.