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03-0204_FIESTA ASSOCIATION, SJC_Memorandum of UnderstandingI Memorandum of Understanding for Organizational Responsibilities in Conducting the 2003 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 positivelywith 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) assisting and coordinating with other community groups wishing to conduct events as part of the annual celebration; (3) develop official celebration publicity; (4) coordinate efforts of event volunteers; and (5) submit City - required permits and insurance requirements for the annual celebration. I. 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 2003, 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 2003 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. 2 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 2003 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 underthis 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. 3 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 2003 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. 4 VIII. Notice Written notification regarding this Memorandum of Understanding will be given in writing as follows: City 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 to s n ditions described above are agreed to: i Z2 03 To s nsen Date zod s� -geoA6 §6arb'dr—ouqh Date Approved as to For City Attorney - ///z 4) -) Date