FIESTA DE CARNIVAL (3) - 2015 - Laserfiche WebLink

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INSURANCE NOT ON FILE WORK MAY NQT PROCEED CLERK OF COUNCIL A-2015-188-05 DATE: FOURTH AMENDMENT TO NON-EXCLUSIVE AGREEMENT ® TO PROVIDE CARNIVALS AT CITY PARKS R(_SA L )THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on October 26, 2017, s t I vt4 A,, r by and between Fiesta de Carnival ("Promoter'), 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 in ). RECITALS A. The parties entered into Agreement #A-2015-019, dated February 3, 2015 ("Agreement'), by which Promoter agreed to provide carnival events at various City parks for a one year period until February 2, 2016, B. On December 22, 2015, the parties opted to exercise the first of two (2) one year options to extend the Agreement and agreed to extend the term for an additional one-year period from February 3, 2016 through February 2, 2017, by letter agreement #A-2015-188-01. C. The parties entered into a First Amendment #A-2015-188, dated August 20, 2015, to include a "fun zone" event at the City's 2015 Fiestas Patrias event. D. The parties entered into Second Amendment #A-2015-188-02, dated September 21, 2016, by which the scope of services was modified to delete the carnival event entitled "Cesar Chavez/Campesino". E. On December 20, 2016, the parties opted to exercise the second of two (2) one year options to extend the Agreement for an additional one-year period from February 3, 2017 through February 2, 2018, by letter agreement #A-2015-188-03. F. The parties entered into a Third Amendment #A-2015-188-04, dated March 9, 2017, to include a carnival and fee schedule for the extension period provided by letter agreement A-2015-188-03. F. The Agreement remains in effect, and the parties now wish to further amend the Agreement to revise the dates for the Carnival events at Madison Park to be provided by Promoter. The Parties therefore agree: 1. Section 2, Scope of Services, is amended to include Exhibit A-1, incorporated by reference to the Agreement, the revised carnival event and fee schedule for all events pursuant to this Agreement including the Madison Park events to take place on November 9-12, 2017. 2. Section 3, Fees/Deposits/Permits/Licenses is amended to read as follows: At least 10 days prior to the commencement date of each Carnival as set forth in Exhibit A-1, Promoter shall pay to City the applicable fee for the use of the Carnival Area as further set forth in Exhibit A-L In addition to the fees set forth in Exhibit A-1, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result on a V4