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04-0209_FIESTA ASSOCIATION, SJC_Memorandum of Understandinge '+
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Memorandum of Understanding for
Organizational Responsibilities in Conducting
the 2004 Fiesta de las Golondrinas Celebration
This Memorandum of Understanding between the San Juan Capistrano Fiesta Association
(Fiesta Association) and the City of San Juan Capistrano (City) establishes and clarifies
the duties and responsibilities for conducting the annual San Juan Capistrano Fiesta de
las Golondrinas celebration.
Since 1994, with the Fiesta Association designated as lead agency, various local
organizations, civic groups, the City, and the Fiesta Association have collaborated to plan,
organize, and conduct the annual Fiesta de las Golondrinas celebration commemorating
the return of the swallows to San Juan Capistrano each March. By accepting the role as
lead agency in administering and organizing this annual celebration, the Fiesta Association
has provided important planning and organizing responsibilities in addition to overseeing
major promotion and advertising forthe annual celebration. By serving as lead agency, the
Fiesta Association has also enabled the City to substantially reduce staff costs in
conjunction with conducting the annual celebration. The Fiesta Association has been very
effective in this lead agency role and has worked positively with community groups and the
City to produce very successful Fiesta celebrations.
The role of lead agency shall be defined as, but not limited to, the following: (1) conducting
major programs as part of the annual celebration; (2) coordinating with other community
groups wishing to conduct events as part of the annual celebration; (3) developing official
celebration publicity; (4) coordinating efforts of event volunteers; (5) submitting City -
required permits and insurance requirements for the annual celebration; and (6) assisting
the City with an Event Recycling and Urban Runoff Program.
SERVICES TO BE RENDERED
As the lead agency in planning, coordinating and conducting major events for the annual
San Juan Capistrano Fiesta de las Golondrinas celebration for 2004, the Fiesta
Association agrees to the following:
A. Activities Coordination. The Fiesta Association will oversee all requests from
community-based organizations and nonprofit groups wishing to participate in the annual
Fiesta de las Golondrinas celebration beginning in mid-February.
B. Publicity Coordination. The Fiesta Association will oversee and coordinate all media,
marketing and publicity in conjunction with all official events conducted as a part of the
2004 Fiesta de las Golondrinas celebration. This includes the development of the official
Fiesta de las Golondrinas Event Guide. Should any public funds be utilized for publicity,
the Fiesta Association agrees to comply with F.P.P.C. regulations.
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C. Calendar Coordination. The Fiesta Association will develop the official, comprehensive
listing of Fiesta de las Golondrinas events to assist in reducing duplication and overlapping
of event activities. The Fiesta celebration begins in February 2004 with the Taste of San
Juan kickoff reception.
D. Event Administration. The Fiesta Association will seek, receive and review all initial
requests from San Juan Capistrano -based nonprofit organizations wishing to conduct
Fiesta events in public right-of-way areas. Such requests, after initial processing by the
Fiesta Association, would then be forwarded to the City for permit issuance and final
approval. Additionally, the Fiesta Association shall work in conjunction with the City to
complete and submit all necessary permit applications, along with appropriate traffic and
logistical plans.
E. Coordination with the City. The Fiesta Association agrees to coordinate with City staff
and will comply with regulations and procedures established by the City for the conducting
of major community special events such as the Fiesta de las Golondrinas.
II. INSURANCE REQUIREMENTS
Comprehensive General Liability. The Fiesta Association shall supply evidence of
valid current coverage for all specified areas of responsibility covered by this
memorandum. The Fiesta Association shall provide comprehensive general liability
insurance coverage including liquor liability, naming the City and the Redevelopment
Agency as additional insured, and the State of California as a certificate holder, in the
following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
Proof of liability insurance shall be in the form of: (1) an insurance certificate; and
(2) an endorsement from the carrier. City, the Redevelopment Agency, and CalTrans shall
be added as additional insureds to the insurance policies required under this Memorandum
of Understanding. This policy/policies shall not terminate nor shall they be canceled, nor
the coverage reduced, throughout the duration of the Fiesta de las Golondrinas
celebration. The Fiesta Association shall also provide the City 30 days advance written
notice regarding changes to this coverage. A listing of all events covered by this insurance
coverage shall be provided to the City by the Fiesta Association.
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III. INDEMNIFICATION
The Fiesta Association shall indemnify, defend, and hold harmless the City and its
officers and employees and the Redevelopment Agency against all liabilities or claims of
liability or loss (including reasonable attorney's fees, related costs and expenses) because
of death, personal injury or property damage arising or resulting from the fault or
negligence of the Fiesta Association in its operations under this Memorandum of
Understanding.
IV. TERM
This Memorandum of Understanding shall remain in effect, commencing with
approval by the San Juan Capistrano City Council, and shall continue in effect until 30
days following the conclusion of the Fiesta de las Golondrinas 2004 celebration.
Termination of this Memorandum of Understanding may take place by either party
providing the other with 30 days written notification or immediately in the event of a lapse
of insurance coverage.
V. LIAISON BETWEEN CITY AND FIESTA ASSOCIATION
The City shall designate staff to serve as liaisons with the Fiesta Association to
assist the Fiesta Association in carrying out this Memorandum of Understanding.
VI. EXCLUSIONS
The Fiesta Association's responsibilities as lead agency in coordinating Fiesta
events do not apply to commercial and/or business events conducted in association with
the annual Fiesta celebration. Requests for participation by commercial and/or business
entities shall be directed to City staff for coordination, permit requirements and event
authorization.
VII. FIREARMS DISCHARGE
In compliance with City regulations, the Fiesta Association has requested and
received a City Council approved exception to discharge firearms in conjunction with
Hoos'gow Day activities and for the lead group in the annual Swallows Day Parade.
VIII. COMPLIANCE WITH CITY POLICY #014
In conjunction with receiving a waiver of rental fees for use of space at the City's RV
storage lot, the Fiesta Association will comply with the reporting requirements of
Policy #014. This policy governs agreements between the City of San Juan Capistrano and
nonprofit organizations that use City property at reduced rental or lease rates.
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IX. Notice
Written notification regarding this Memorandum of Understanding will be given in
writing as follows:
Citv
Al King
Community Services Director
City of San Juan Capistrano
31421 La Matanza
San Juan Capistrano, CA 92675
Fiesta Association
Tom Ostensen, President
San Juan Capistrano Fiesta Association
P.O. Box 532
San Juan Capistrano, CA 92693
The terms and conditions described above are agreed to:
SANCAP RANO FIESTA ASSOCIATION
Tom Oste en, President
CITY OF SAN JUAN CAPISTRANO
Dave Adams, City Manager
ATTEST:
R. Monahan, City Clerk
AS TO FORM:
John R. S a , City Attorney
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