23-0207_SAN JUAN CAPISTRANO FIESTA ASSOCIATION_Memorandum of UnderstandingATTACHMENT 5, Page 1 of 5
Memorandum of Understanding for
Organizational Responsibilities in Conducting
the 2023 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 2023 Fiesta de las
Golondrinas celebration.
Since 1995, 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 2023 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 responsibilit ies, in addition
to overseeing major promotion and advertising for the 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 celebratio n. 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 de las Golondrinas celebrations.
The role of lead agency shall be defined as, but no t 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.
I.SERVICES TO BE RENDERED
As the lead agency in planning, coordinating, and conducting major events for the
2023 Fiesta de las Golondrinas celebration, 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 2023
Fiesta de las Golondrinas celebration beginning in mid-February. Swallow’s Inn is not
associated with this permit application approval; the Swallow’s Inn will be required to
submit necessary applications and approvals from the City of San Juan Capistrano.
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 2023 Fiesta de las Golondrinas celebration. This includes the development of the
official 2023 Fiesta de las Golondrinas Event Guide. Should any public funds be utilized
for publicity, the Fiesta Association agrees to comply with Fair Political Practices
Commission (FPPC) regulations.
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C.Calendar Coordination. The Fiesta Association will develop the official,
comprehensive listing of the 2023 Fiesta de las Golondrinas events to assist in reducing
duplication and overlapping of event activities. The Fiesta de las Golondrinas celebration
begins in February 2023 with the Taste of San Juan kickoff reception.
D.Event Administration. The City of San Juan Capistrano will issue special event
permits for activities conducted by local businesses in the public right-of-way, subject to
the Fiesta Association’s approval, unless the business conducts their activity under the
special activities permit of the Fiesta Association. 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 2023 Fiesta de las
Golondrinas. In addition, the Fiesta Association will coordinate with the City regarding
the delivery, storage, and timely removal of equipment (such as portable restrooms) that
will be stored on City property. In support of the partnership for the event, the City will
waive the rental fees associated with the storage of the equipment/portable restrooms.
II.INSURANCE REQUIREMENTS
Comprehensive General Liability. The Fiesta Association shall maintain a
commercial general liability policy, including liquor liability and completed operations, with
limits of liability of not less than $2,000,000 per occurrence and the policy shall be
endorsed to name the City, Successor Agency, Caltrans and their respective employees,
representatives, officers, and agents as additional insured. This insurance is primary and
non-contributing with any other insurance or self-insurance available to the additional
insured.
Proof of liability insurance shall be in the form of: (1) an insurance certificate; and
(2) an endorsement issued by the insurance carrier(s). These policy/policies shall not
terminate, nor shall they be canceled, nor the coverage reduced, throughout the duration
of the 2023 Fiesta de las Golondrinas celebration. The Fiesta Association shall also
provide the City 30 days advance written notice regarding changes to this coverage.
III.INDEMNIFICATION
To the fullest extent permitted by law, the Fiesta Association agrees to protect,
defend, and hold harmless the City, Successor Agency and Caltrans and their elective
and appointive boards, officers, agents, and employees (collectively, “City Parties”) from
any and all claims, liabilities, expenses, or damages of any nature, including attorneys'
fees, for injury or death of any person, or damages of any nature, including interference
with use of property, arising out of, or in any way connected with the negligence,
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recklessness and/or intentional wrongful conduct of the Fiesta Association, or the Fiesta
Association's agents, officers, employees, subcontractors, independent contractors, or
invitees. The only exception to the Fiesta Association's responsibility to protect, defend,
and hold harmless the City Parties is due to the negligence, recklessness and/or wrongful
conduct of the City Parties. This indemnity shall apply to all liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by the Fiesta Association. Notwithstanding any
other provision to the contrary, this indemnity shall survive the termination or expiration
of 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 2023 Fiesta de las Golondrinas 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 de
las Golondrinas events do not apply to commercial and/or business events conducted in
association with the 2023 Fiesta de las Golondrinas celebration. Requests for
participation by commercial and/or business entities shall be directed to City staff for
coordination, permit requirements and event authorization.
VII. NOTICE
Written notification regarding this Memorandum of Understanding will be given in
writing as follows:
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City
Heidi Ivanoff, Manager
Community Services Department
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
Fiesta Association
President
San Juan Capistrano Fiesta Association
P.O. Box 532
San Juan Capistrano, CA 92693
[SIGNATURE PAGE FOLLOWS]
The terms and conditions described above are agreed to:
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Jeff Ballinger, City Attorney
SAN JUAN CAPISTRANO FIESTA
ASSOCIATION
, President
CITY OF SAN JUAN CAPISTRANO
Benjamin Siegel, City Manager
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