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Home My WebLink AboutDULAC ENTERPRISES, DBA BIG RED BUS (2)N-2019-058-01 • 'FIRST AMENDMENT TO AGREEMENT TO PROVIDE TROLLEY SERVICES FOR DO\VNTOW'N SANTA ANA EVENTS 'IBIS F.RSI AMENDMENT TO .AGREEMENT is entered into on this 22nd day of August 2019. by and heiween -'nlac Enterprises, dba Big Red Bus Chartcv. a Califomia Corperalion ("Consultant-). and the City ol'Santa Ant a charter city and municipal corporation duly organind and existing under the Constitution and laws of the 1,mte of California("City"). RECITALS INSURANCE ON FILE A. "Ilse pail%es entered into Agreement #N-2019-058 dated April 1, 2019 ("Agreement") by which WORK MAY OCEED UNTIL INSURRAANCE EXPIRES Consultantagrued to provide troll. y transportation for Do%rnown Santa Amevents. The Agreement runs from April 1. 2019 through March 3' , 2020 and is current and in effect. -S 1 2-1 1 _0 CLERKOFCOUNCIL B. The parties have agreed to provide additional services ror the City's Annual Fiestas Pat.ius event DATE: scheduled for Sq!tembcr 15, 2019 and increase the compensation to the Agreement to pay for costs related to AUG 2 9 2019 these additional services. Now. Iherefore: in consideration of the mutual and respective promises, and subject to the terms and O'• C DA kz-) conditions of sa d Agreement, except m herein modified. the parties agree as followz: ' N o cw & Vnv V kf-4 I. Section 1, SCOPE OF SERVICES, shall be amended to add to the scope of services for Consultant to V ovide trolley services on Septernber 15. 2019. as noted in the attached Exhibit A. I to the Agmvment. 2 Section:, COMPENSATION, shall be amended to increase the not -to -exceed amount by SI,400 to SI 7.750. Thu amount shall include the rates and charges identified in invoice #8219, attached hereto as lixbibh A-2. 3. Exccpt as hereinabose modified the terms and conditions of said Agreement remain unchanged and in full furce andvElcct. IN WITNESS WHEREOF, the parties hereto have executed dtis First Amendment to Agreement the date and year firA above written. ATITS"r: CRY OF SANTA AN 1 �r D ISl M 1 INE RI E Clerk of the Cou it City Manager APPROVED °TO FORM: DULAC ENTE SES Sopia `slut, City Attorney BY: y - -.ige s Du istanl ' `y Attorney tlf�eras inns Manager RECOMMEND+ O FOR APPROVAL Steven Hendon Executive Direetm; Community Development Agency 7780v2 FIRST AMENDINUNT TO AGREEMENT TO PROVIDE TROLLEY SERVICES FOR DOWNTOWN SANTA ANA EVENTS THIS FIRST AMENDMENT TO AGREEMENT is entered into on this 22nd day of August 2019, by and between Dulac Enterprises, dba Big Red Bus Charter, a California. Corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The parties entered into Agreement #N-2019-058 dated April 1, 2019 ("Agreement") by which Consultant agreed to provide trolley transportation for Downtown Santa Ana events. The Agreement runs from April 1, 2019.through March 31, 2020 and is current and in effect. B. The parties have agreed to provide additional services for the City's Annual Fiestas Patrias event scheduled for September 15, 2019 and increase the compensation to the Agreement to pay for costs related to these additional services. Now, therefore, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to add to the scope of services for Consultant to provide trolley services on September 15, 2019, as noted in the attached Exhibit A-1 to the Agreement. 2.. Section 2, COMPENSATION, shall be amended to increase the not -to -exceed amount by $1,400 to $17,750. This amount shall include the rates and charges identified in invoice #8219, attached hereto as Exhibit A-2. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ Clerk of the Council APPR ED AS TO FORM: So 'a jk. �prvol,no, City Attorney By: istant �ity Attorney RECOMMENDED FOR APPROVAL Steven Mendoza Executive Director, Community Development Agency KRISTINE RIDGE City Manager DULAC ENTERPRISES James Dulac Operations Manager #7780v2 Exhibit A-1 lijam L In Aft INEWARM NOW Bia Red Bus Charter Contract Thank you for booking your event with Big Red Bus. The quote, rules, and terms are listed below. Date: 9/15/19 Inman 11am-7pm Pick-up location: Santa Ana City Hall (20 Civic Center Place) Purpose: Parade Vehicle Vehicles Trolley [TS] Capacity: 30-40 Contact: Julie Castro -Cardenas (PH)(714)673-3619 (EM)jcastro-Cardenas@santa-ana.org Route/Itinerary: Fiesta Patrias Parade Route CONTRACT Total Cost: $1400 Includes Trolley rental & labor • if the event is paid for by credit card a 3% charge will be added. • Gratuity not included. Checks should be made Payable Big Red Bus Mailina Address Big Red Bus 1810 E. 511' Street Long Beach, CA 90802 Refund Policy 100% of the deposit Is refundable up to 14 days prior to the reservation. big Red Bus will keep 4D% of the event cost should the charter cancel after the full refund period. Contact James Dul.ac Operations Manager 562-852-9888 james@bigredbus.com Social Media Please tag photos #BigREDBusIB for IG We give away a pair of our Sunday Funday passes every month! wwa, Farg„6oak comlBi RED us1 0 o �` Rules of Participation understand the following terms Clientna - please print date 111 And conditions and agree to comply, I understand all passengers need to follow the terms and conditions listed below, and as the client, I assume responsibility. Big Red Bus reserves the right to remove any passenger at anytime should the rules be violated, 1. No throwing objects from the vehicle. 2. No reaching up or out of the vehicle to touch or grab objects. 3. No yelling obscenities from the vehicle. 4, Ng glass S. ,hLQ hard alcohol 6. FOOD $100 cleaning fee will be applied to anything not pre -approved. 7. No Confetti or Glitter Initials Terms and Conditions I understand that by signing this waiver, 1 release Big Red Bus from all liabilities resulting in an accident or incident occurring because a passenger on the bus was in violation of the terms listed in the Rules of Participation. I understand it is my responsibility to make sure the rules are read by all passengers as a condition for participation. Cliprit Signature _ Date_Wn___. The general safety rules were covered verbally prior to departure. My guests and I fully understand and are aware of the possible dangers of participating therein. Initials Conductor Julie Castro-Caedenas 20 Civic Center Plaza Sanfa Ana CA 90701 (714)673-3619 Patrias Parade Vechichle Thank you for your business! Exhibit A-2 Dale: 812/2019 Invoice #: 8219 1810 E. Stn Street long Beach, CA 90802 562-852-9888 jomesQblrlredbus.com fa rru CERTIFICATE OF LIABILITY INSURANCE YR1AIR0010 ,r, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONALINSURED, Ihe'pollcy(les) moat be andoraod, Ii SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsoment(s):.:. PRODUCER - CONTACT wr, TIB Transportation Ins Brokers NAME; PHONE ArtyJwregul _ i. Tom 425 West Broadway, Suite 300 tote. No Eno 61S 24G 2800 .._IAX�No)S1,8 24S-049C Glendale CA 91204 EJAea nuDPEss„a)auregulib'+uhinsu�ancP�c+rm�� :� #N8URPR�uJ AFFOROINe cOVERAOE � RAICA �_ INSURER A Nonhfield Insurance Co INSUNED DIORE I INSURER aj Scottsdale Insurance, Company a1297 Culac Enterprises dba.'Big Red Bus -- ' --- '- 1810 E. 5th St _ INBURfiR c oeneral Star Indemntly Co - Long Beach CA 90802 WSURSR a, _ ,_ ,__ JCLAIMS MAOE X OCCUR 1 Ij I � DEN L AGO REDATE LIMIT APPLIE#S PER 1I910 X I hULII;Y L I • t I .I JI:DI .4 a AUTOMOBILE LIABILITY {j Y 1 IANY AUTO T ALL OWNED '.SCHEDULED III _AUTOS _. AUTOS i HIRED AUrOSXµ, I. NOILO AUTOSWNED r i j C _jl ; UMBRELLA LIAe iJ X ), I 1iIR X'C1A1RMAOFiX -.. 214 ity 0# Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana CA 92702 ERF: J NUMBER: ABOVE FOR THE POLICY PERIOD r WITH RESPECT TO WHICH THIS IS SUBJECT TO ALL THE TERMS, LIMITS EVISION 13Y IIEWED APPR�I VED UG 0.$ 2419 ANCELLATION SHOULD ANY OF THE ABOVE OESCRI4i t� I d� CJ�Tl:i�pa 0EPO 2E THE EXPIRATION DATE THEREOF, NOTICE WILL 3E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD �..�.. •-- • ' Insurance 425 West Broadway, Suite 300 . Glendale, CA 91204-1269 P.O. Box 29086 • Glendale, CA 91209-9086 Phone: (818) 246-2800 W Fax: (818) 246-4690 Callfornia License #OK07568 Dulac Enterprises Scottsdale Insurance Company Policy Number QPSOOOO230 Effective 6/16/2019 to 6/16/2020 Updated 6120119 UNIT # YEAR MAKE MODEL PAX ID # '... 1) 1966 RouteMaste Bus 60 RML2703 2) 1961 Leyland Olympian 50 RM598 3) 1988 Leyland Olympian 50 ON107591988 4) 1987 Ford Production 35 1FDNB6OH2HVA67251 BY; T.I.B. Transportation Insurance Brokers REVIEWED & APPROVED By Risk NiANAQEMeNr DIVISION FRANCINE R, VIUAREAL POLICYNUMBER: WS383372 COMMERCIAL GENERAL LIABILITY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organlzation(s): Location(s) Of Covered Operations City of Santa Ana, 20 Civic Center City of Santa Ana, CA Plaza., Santa Ana, CA 92701 Information required. .. ...�.�... ..m......_...�..... ,,.. .:..........,.,....... to complete this schedule if not shown above, will be shown In the Declarations A. Section It . Who Is An Insured is amended to Include B. With respect to the Insurance afforded to these as an additional insured the person(s) or additional Insureds, the following additional organlzation(s) shown In the Schedule, but only with exclusions apply: respect to liability for "bodily injury," "property This insurance does not apply to "bodily Injury" or - damage" or "personal and advertising Injury" caused, "property damage" occurring after. In whole or in part, by: N. All work, including materials, parts or equipment 1. Your eats or omissions; or furnished In connection with such work, on the project (other than service, maintenance or 2. The acts or omissions of those acting on your repairs) to be performed by or on behalf of the behalf; additional Insured(s) at the location of the covered In the performance of your ongoing operations tar the operations has been completed; or _ ,_ addthonal Yrisurad(s)' at the tbcatlon(s) iiastg7iate"d` '..._ """ ".. "'."".' .. ' 2. That portion of "your work" out of whist, ttia Ittjurp above. or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project, EV�I E ENT & AMPP R V oD asap F( AKG1NE CZ. VILLAREAL CO 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page t of 11 POLICY NUMBER: W8383372 COMMERCIAL GENERAL LIABILITY CC 20 15 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, R MGM, ... This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)(Vendor) Your Products City of Santa Ana, 20 Civic Centex City of Santa Ana, CA Plazq, Santa Ana, CA 92701 j� E I Information required to complete this Schedule, If not shown above will be shown In the Declarations. A. Section 11 - Who Is An Insured Is amended to include as an additional Insured any person(s) or organlzation(s) (referred to below as vendor) shown In the Schedule, but only with respect to "bodily Injury" or "property damage" arising out of "your products" shown In the Schedule which are distributed or sold In the regular course of the vendor's business, subject to the following additional exclusions: 1. The Insurance afforded the vendor does not apply to: d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original contalner; o. Any failure to make sure Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connection with the distribution or sale of the products; a. "Bodily Injury" or "property damage" for which the vendor Is obligated to pay damages by f. Demonstration, Installation, servicing or repair reason of the assumption of liability in a operations, except such operations performed `- contract or agreement," This -exclusion -does not -- at the vendor's premises in connection with the - - apply to liability for damages that the vendor sale of the. product; would have In the absence of the contract or agreement; g. Products which, after distribution or sale by YOU, have been labeled or relabeled or used as b. Any express warranty unauthorized by you; a container, part or Ingredient of any other thing or substance by or for the vendor; or c. Any physical or chemical change in the product made intentionally by the vendor, REVIEWED & APPROVED By Risk MANAGEMENT f)ivlsloN %10 6 019 FRANCINE R. VILLAREAL CG 20 13 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 2 h. "Bodily Injury" or "property damage' ariaing out of the sots negligence of the vendor for Its own acts or omissions or those of Its employees or anyone else acting on Its behalf, However, this exclusion does not apply to; (1)The exceptions contained In Subparagraphs d. orf.; or (2)Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connedtion with the distribution or sale of the products, 2. This Insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering Into, accompanying or containing such products. co 2016 07 04 Copyright, ISO Properties, Inc., 2004 REVIEWED & APPROVED By Risk MRNAQ01ENT DIVISION - U 0 G 2019 FRANCINE R. VII_I.AREAL Page 2 0f 2 woRicLr:s� ct�MrrNs��;rli�N nl ,1�A�1.14)N 11tr6 1 lUit hereby affirm tinder penalty of Perjury, the 64 ,10/630) _ fol I awing declaration T certify on behalf of _ 1111-} ( " 0 _f_ 6_(�1_GP15 that during the term of my tGurupUunVt:nrn�,¢�ny Ns�a e) eonfract for services with the City of Santa Ana, I will not ,omploy any person in any manner so as to become subject to the workers' coirpensation laws of California, and agree that if I should become subject to the worh-ors' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. Title.12 . Telephone: WA.tNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNTLA WFUL, AND SHALL KMIEC.T AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL .FINES LIP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SEC'I'ION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. REVIEWED '& APPROVED By Risk MANht.VMENr DivisioN