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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. Page 2 of 5 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, Page 3 of 5 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: Page 4 of 5 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 Page 5 of 5