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Home My WebLink About25I - AGMT FIESTA DE CARNIVALREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2019 TITLE: APPROVE AN AMENDMENT TO AGREEMENT WITH FIESTA DE CARNIVAL, IN THE ADDITIONAL AMOUNT PAYABLE TO THE CITY OF $987.50 TO PRODUCE CARNIVALS AT CITY PARKS {STRATEGIC PLAN NO. 5,4B) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Fiesta de Carnival by increasing the fee by $987.50 for a total annual amount of $43,237.50 payable to the City to produce seven carnivals a year at City parks for the remaining term through February 5, 2020 and the three, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. On February 6, 2018, the City Council approved a two-year agreement with three, one-year renewal options to Fiesta de Carnival to produce seven carnivals at City parks. Fiesta de Carnvial would provide the City $42,250 for the right to produce the carnivals. Park locations for these carnivals are as follows: Jerome (twice), Cesar Chavez/Campesino, Madison (twice), Rosita, and EI Salvador. The carnival provider has requested to increase the number of days from three to four for the two carnivals at Jerome park and the one carnival at Rosita park. The request was evaluated by the Parks, Recreation and Community Services Agency and the determination was made that a 5% increase would be added to the carnival license fee for each affected location. The total projected annual revenue for this amendment is $43,237.50 (an increase of $987.50). Park Sites and Current Proposed Change 2019 Tentative Dates License Fee License Fee Jerome Park $8,250 $8,662.50 $412.50 Thurs-Sun : March 14-17 Cesar Chavez/ Campesino $4,500 $4,500 $0 Fri — Sun: April 12-14 Madison Park $8,750 $8,750 $0 251-1 Agreement Amendment with Fiesta de Carnival to Produce Carnivals at City Parks March 5, 2019 Page 2 Fri —Mon: May 24-27 Rosita Park $4,500 $4,725 $225 Thurs-Sun : June 13-16 EI Salvador Park $2,250 $2,250 $0 Fri — Sun : June 21-23 Jerome Park $7,000 $7,350 $350 Thurs —Sun: Aug8-11 Madison Park $7,000 $7,000 $0 Fri— Mon: Nov 8-11 Additional administrative related amendments to the agreement were made to update titles, dates, and times. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy B (Improve neighborhood quality by locating or providing access to complementary services and public facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods). FISCAL IMPACT Funds associated to the increase are not anticipated to be needed this fiscal year and therefore will not be appropriated in fiscal year 2018-19. The City will evaluate the need for future years and budget needed funds as part of the budget process. Funds will be deposited in the PRCSA- Fees and Donations Revenue account (no. 02213002-57010). LisbL7udloTF ' Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Agreement Amendment APPROVED AS TO FUNDS AND ACCOUNT: #( Kathryn Downs, CPA Executive Director Finance and Management Services Agency 251-2 EXHIBIT 1 FIRST AMENDMENT TO NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 5, 2019, by and between Fiesta de Carnival ("Promoter"), and the City of Santa Ana, a charter city and municipal corpofation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement #A-2018-019, dated February 6, 2018 ("Agreement"), by which Promoter agreed to provide carnival events at various City parks. The agreement is for a term of two years. B. The parties wish to amend the Agreement to provide the dates for the 2019 carnival events at the specified City Parks and to reflect the current venuellicense fee for those locations. C. The parties also wish to amend certain other references in the Agreement to reflect current City operations. The Parties therefore agree: 1. Exhibit A, Section 1, SCOPE is amended to substitute the information listed below in lieu of the Park Site and 2018 Dates: 2019 Carnival Dates Park Location Carnival License Fee Thur -Sun Jerome Park $8,662.50 March 14-17,2019 Fri -Sun Cesar Chavez Park $4,500 April 12-14 Fri -Mon Madison Park $8.750 May 24-27 Thur -Sun Rosita Park $4,725 June 13-16 Fri -Sun El Salvador Park $2,250 June 21-23 Thur -Sun Jerome Park $7,350 Aug. 8-11 Fri -Mon Madison Park $7,000 Nov. 8-11 251-3 2. The Parties agree to revise the following provisions within the Agreement: A. Section 16. ON-SITE OFFICE. "Park Superintendent" is changed to "Park Services Inspection Supervisor." B. Exhibit A, Section 1.1.16, POLICE DEPARTMENT REQUIREMENTS, delete the last paragraph of this Section and replace with: Required Police Department staffing for carnival events: Park Location and Carnival Dates Required Police Staffing and Costs Jerome Park: March 14-17 2 officers -$3,753.20 Thur 5:30 p.m. —10:30 p.m. Fri 6:30-11:30 p.m. Sat 6:30 p.m. —11:30 p.m. Sun 5:30 p.m. —10:30 p.m. Cesar Chavez Park: April 12-14 2 officers and 1 motor officer -$4,222.35 Fri 6:30 p.m. —11:30 p.m. Sat 6:30 p.m. — 11:30 p.m. Sun 5:30 p.m. —10:30 p.m. Madison Park: May 24-27 2 officers -$3,753.20 Fri 6:30-11:30 p.m. Sat 6:30 p.m. —11:30 p.m. Sun 6:30 p.m. —11:30 p.m. Mon 5:30 p.m. —10:30 p.m. Rosita Park: June 13-16 2 officers -$3,753.20 Thur 5:30 p.m. —10:30 p.m. Fri 6:30-11:30 p.m. Sat 6:30 p.m. —11:30 p.m. Sun 5:30 p.m. — 10:30 p.m. El Salvador Park: June 21-23 2 officers -$2,814.90 Fri 6:30-11:30 p.m. Sat 6:30 p.m. —11:30 p.m. 251-4 C. Exhibit A, Section 1.1.18, PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL (i) Change "Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127 to schedule a walk through the park before and after the event' to "Vendor must arrange to meet with Park Supervisor by calling (714) 571-4227 to schedule a walk through the park before and after the event;" and (ii) Change the pre -inspection meeting from the Tuesday prior to the carnival event to the Monday before the carnival event at 9:00 a.m. D. Exhibit A, Section 1.1.20, CARNIVAL EQUIPMENT SET UP AND REMOVAL Section 1. 1.20 will now read: 1. 1.20 CARNIVAL EQUIPMENT SET UP AND REMOVAL — None of the equipment may be moved into the park prior to the completion of the pre -event inspection meeting and/or 9:00 a.m. on the Monday before a carnival event is to be held. All equipment must be removed no later than 2:00 p.m. on the second day following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a per day penalty (see Section 2.0) for equipment arriving earlier or left in the park later than the above stated times. 251-5 Sun 5:30 p.m. —10:30 p.m. Jerome Park: August 8-11 2 officers -$3,900 Thur 5:30 p.m. —10:30 p.m. Fri 6:30-11:30 p.m. Sat 6:30 p.m. —11:30 p.m. Sun 5:30 p.m. —10:30 p.m. Madison Park: Nov. 8-11 2 officers -$3,900 Fri 6:30-11:30 p.m. Sat 6:30 p.m. —11:30 p.m. Sun 6:30 p.m. —11:30 p.m. Mon 5:30 p.m. — 10:30 p.m. C. Exhibit A, Section 1.1.18, PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL (i) Change "Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127 to schedule a walk through the park before and after the event' to "Vendor must arrange to meet with Park Supervisor by calling (714) 571-4227 to schedule a walk through the park before and after the event;" and (ii) Change the pre -inspection meeting from the Tuesday prior to the carnival event to the Monday before the carnival event at 9:00 a.m. D. Exhibit A, Section 1.1.20, CARNIVAL EQUIPMENT SET UP AND REMOVAL Section 1. 1.20 will now read: 1. 1.20 CARNIVAL EQUIPMENT SET UP AND REMOVAL — None of the equipment may be moved into the park prior to the completion of the pre -event inspection meeting and/or 9:00 a.m. on the Monday before a carnival event is to be held. All equipment must be removed no later than 2:00 p.m. on the second day following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a per day penalty (see Section 2.0) for equipment arriving earlier or left in the park later than the above stated times. 251-5 E. Exhibit A, Section 1.1.21, CARNIVAL HOURS Change the end time for the carnivals to: 10 p.m. on Thursdays, 11 p.m. for Fridays and Saturdays, 10 p.m. for Sundays unless the carnival event includes a Monday, then 11 p.m., and 10 p.m. on Mondays. F. Exhibit A, Section 1.1.25, SIZE OF CARNIVAL RIDES Change all references to "Park Superintendent' to "Park Services Inspector Supervisor." 3. The parties agree to amend the Agreement to add Exhibit A, Section LIAO, EXHIBITORS All Exhibitors must be pre -approved by the Executive Director of the Parks, Recreation, and Community Services Agency or his or her designee, at least 14 business days prior to the start of the carnival event. Operator will provide, at a minimum, the name of the organization wanting to have an Exhibit and the information or items to be exhibited, and any other information the Executive Director deems necessary to evaluate Exhibitor to determine whether approval should be given. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:Q.t Utl%�. t� • 114'L lam. LAURA A. ROSSINI Senior Assistant City Attorney [Signatures continue on the next page] STEVEN MENDOZA Acting City Manager OPERATOR Name: Title: 251-6 RECOMMENDED FOR APPROVAL LISA RUDLOFF Executive Director, Parks, Recreation, and Community Services Agency [First Amendment Fiestas de Carnival 2019] 251-7 251-8