HomeMy WebLinkAboutINTERNATIONAL PROMOTIONS, INC. (DBA FIESTA DE CARNAVAL)n146URANCE NX ON FILE
WOR ; MY NOT PROCEED A-2019-140
CLERK OF COUNCIL
DATE: SEP 0 4 2019
9-(-5R<\) AGREEMENT FOR CARNIVAL SERVICES FOR FIESTAS PATRIAS 2019
S Av tk QWoo THIS AGREEMENT is made and entered into this 20th day of August, 2019 by and between
International Promotions, Inc., a California Corporation doing business as Fiesta de Carnival (hereinafter
"Provider"), 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 (hereinafter "City").
RECITALS
A. City holds the Fiestas Patrias event annually for the community. City desires a vendor to provide
carnival services for the City's Fiestas Patrias event scheduled for September 14-September l5,
2019.
B. Provider represents that it is knowledgeable and experienced in the field of providing carnival
services. Provider also represents that services performed by Provider under this Agreement will
be performed in compliance with such standards as may reasonably be expected from a
professional company in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Provider will provide carnival services for the City's 2019 Fiestas Patrias Festival ("Festival" or
"Event") on Saturday September 14, 2019 from 12:00 p.m. -11:00 p.m. and Sunday September 15, 2019
from 12:00 p.m. — 10:00 p.m. Provider's duties include:
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A. SPECIAL EVENT PERMIT REQUIREMENTS — Provider shall submit all required
special event materials and approvals to the Special Events Office no later than Friday
August 30, 2019 unless otherwise indicated. Materials and approvals include, but are
not limited to, the following:
1) Carnival site plan: Site plan must include, but is not limited, to the following:
description, size, quantity and location of rides, game booths, food booths, vendor
booth(s), ticket booth(s), carnival staff office/trailer, staff break area, first aid
booth, and generators. Generator specifications such as gallon size, type of fuel
(gas/diesel), and quantity/storage of additional fuel onsite is required.
2) Santa Ana Business License: Provider must provide a copy of their current Santa
Ana Business License. All participating carnival vendors/exhibitors (including
food or sale vendors) must have a current Santa Ana Business License and be pre -
approved through the City of Santa Ana's Business Tax department. Provider
and/or vendors will be responsible for paying any fees related to the Business Tax
department. Business License inquiries can be made to the Business Tax
department at BusinessTax(rsanta-ana.cg g. All participating carnival
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vendors/exhibitors (including food or sale vendors) must have a current sellers
permit and be pre -approved through the California. State Board of Equalization.
Provider and/or vendors will be responsible for paying any fees related to their
sellers permit. Permit inquiries can be made to the California State Board of
Equalization at www.boe.ca.g ,
3) Certificate of Liability Insurance and Additional Insured Endorsement: Provider
and all participating carnival vendors must demonstrate proof of insurance
coverage according to City requirements and must be pre -approved through the
Risk Management department. Individual vendors may purchase a special event
insurance policy through the City if requested by Friday, August 23, 2019. Late
requests will not be accepted. Insurance inquiries can be made to Risk
Management at,R MQ@santa-ana.org.
4) Orange County Fire Authority (OCFA) Approval: Provider is required to obtain
approval through the OCFA for carnival layout, setup/tear down, equipment,
activities and street closures. Materials can he submitted directly to OCFA at
SecialEvcnts(a�ocfa.org.
5) Orange County Health Care Agency (OCHCA) Approval: Provider is required to
obtain health permits through. the OCHCA for food and beverage distribution and
pay any associated health permit fees for their contracted food vendors. All
OCHCA applications, materials and payments (if applicable) must be submitted
to the Special Events Office for routing to the OC Health Care Agency. Provider's
food vendors are required to follow all food handling, storage and event
guidelines at all times. Any fees or penalties related to the incompliance of health
guidelines by contracted food vendors will be at the expense of the Provider. For
inquiries related to food and beverage distribution, contact OCHCA at
EHS �cl ,cialE. ent�.com.
6) Event Notification to Neighborhood Associations, Businesses and Or anizations:
City will be responsible for distributing event notification to neighborhood
associations, businesses, and organizations surrounding event area.
7) Financial Statement: Provider must obtain a CPA firm to audit their receipts and
issue an audit report to the City 45 days after the event.
B. BUILDING & PLANNING PERMITS - Provider shall obtain all required permits and
approvals from the Building and Planning department no later than Friday, August 30,
2019 unless otherwise indicated. Materials that must be submitted to the Special Events
Office are as follows:
1) Electrical Permit
2) Inspection Record Card w/Scheduled Inspection Date and Time
3) Building Permit for temporary mechanical strictures and tents large than 1Ox10
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C. CLEAN UP - Provider will maintain continuous litter control during the entirety of the
Event within the carnival area and adhere to the following:
1) Provide a professional cleaning crew to ensure that trash does not accumulate
on streets and sidewalks at any time within the carnival area.
2) Impose adequate mitigation measures to ensure removal and disposal of grease
from food and/or cooking booths are utilized, including but not limited to, the
use of grease barrels.
3) Provide and pay for City approved contractor to steam dean streets/sidewalks
on Flower Street (between Santa Ana Boulevard and 6"' Street) and provide
residents 24-hoar notice prior to such sidewalk steam cleaning, if applicable.
4) Empty and place a clean liner in all City sidewalk trashcans and cardboard trash
boxes located within the carnival area. This is to be done throughout the duration
of the two-day festival and the Monday following the event before vacating the
carnival area.
D. EQUIPMENT - Provider shall provide all necessary equipment, resources and labor to
develop and produce the carnival.
1) Equipment shall include lighting for all vendor booths, whi ch is to be
maintained and fully illuminated until all attendees have vacated the festival and
carnival grounds each day.
2) City will provide adequate portable restrooms in the carnival area from 8:00 a.m.
Saturday morning (Event start time) through 10:00 p.m. Sunday (Event end time)
and will maintain trash receptacles within portable resi oorns only; they shall be
positioned and serviced to prevent noise and odor disturbances to surrounding
residents.
3) Provider will provide trashcans for and clean the carnival midway areas each
night and at the close of the Event.
4) Provider shall inspect all equipment prior to its use to ensure safety and repair
on site as needed.
E. NEIGHBORHOOD ASSOCIATIONS & BUSINESSES - Provider shall exercise
caution and special measures to ensure minimal disruption to owners and tenants that
suu-round the event area.
QUIET HOURS — The following designated quiet times shall be strictly adhered to by
all carnival employees and sub -contractors and there shall be with no construction set
up or tear down as follows:
Friday from 12 midnight to Saturday 8:00 a.m.
Saturday from 12 midnight to Sunday 8:00 a.m.
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• Sunday from 10:00 p.m. through Monday 8:00 a.m.
Cr. EVENT SET UP - The Event shall include a carnival as follows:
1) City will attempt to obtain the following non -City locations for carnival staging,
setup and staff/vendor parking, and use will be contingent on state approval: P2
Service Lot (OC Court lot east of Flower Street, between Civic Center Drive and
6'' Street)
2) Providermust secure their own land use permits for an y a d d i t i o n a l
private lots that may be required for the purposes of carnival staging, setup,
storage or staff/vendor parking. Permits must be obtained no later than 30 days
prior to the event.
3) Provider will work with City regarding street closures and property access as
follows: Carnival load in and setup on Friday between the hours of 9:00 a.m. until
11:00 p.m. on Flower Street between 61h Street and Santa Ana Boulevard. Clear
access must be maintained on 6"' Street (west of Flower Street) and
north/southbound on Santa Ana Boulevard. Access into the P2 Service Lot must
remain open on Friday. Final location for carnival rides and booths will be
mutually agreed upon between the City and the Provider.
4) City will assist Provider with providing staging areas and access for Provider's
vehicles before, during and after the Event.
5) Provider shall be responsible for securing temporary storage locations for all
carnival equipment needs and must secure approval from City of any outdoor
off -site accommodations within City limits no later than two weeks prior to the
Event.
6) Provider may not store equipment on City owned property or City right of way
prior to the set up time, without prior City approval. Such approval must be
requested no later than August 30, 2019.
7) Provider will not allow any employees to sleep overnight inside the Event
boundaries.
8) Provider must supply restroom facilities for its staff during set up and tear down
9) Provider may begin set up of rides at 9:00 a.m. Friday prior to the Event.
H. CARNIVAL REQUIREMENTS-
1) City will provide Provider with four (4) food booths and one (1) vendor booth.
City will provide one (1) table and two (2) chairs per booth. City will provide one
power source/outlet for each booth space. The City and Provider will mutually
agree upon location of booths. Food and sale items must be pre -approved by the
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City. All food and vendors using City provided booths must comply with the
City's Special Event Permit requirements.
2) Provider will set up one (1) ticket booth throughout the event space, along with
providing ride tickets and ticket booth personnel for the Event.
3) Provider will set Lip five (5) major rides and six (6) kiddic rides.
a. Major rides are listed as follows: Wind Jammer, Sizzler, Tilt a Whirl,
Graviton, and Round Up.
b. Kiddie rides are listed as follows: Lady Bugs, Berries, Glass House, Fun
House, Cars, and Super Slide.
c. Provider will provide two (2) generators and are listed as follows: 570kw
and 320kw
4) Provider will set Lip eight (8) game booths. Game booths are listed as follows:
Basketball, Gold Fish, Basket Toss, 7/ 11, Spill the Milk, Milk Jar, Water Race,
and Clown Around.
5) Provider will provide the maximum quantity of rides and games possible
according to the space allowed. All mechanical rides are to be California
Department of Occupational Safety and Health Certified and have all of the
required state, county or local permits. All operators of such rides and games
must have any required state licenses. All rides will be of the same quality as in
previous carnival events conducted with the City.
1. SECURITY
1) Provider shall provide two (2) state licensed uniformed guards in the carnival
area overnight each day of the Event.
2) A minimum of 50% of the Security staff must be bilingual, English/Spanish
speaking.
3) Security personnel must wear uniforms distinct from local law enforcement
agency.
4) Provider shall ensure that all security guards are equipped with radios for
internal communications and that the Security Supervisors are equipped with
one radio each for communications with the Santa Ana Police Department
(hereinafter "SAPD") and City staff.
5) Provider shall ensure that there is one Security Supervisor on site at all times
during the Event.
6) The security staff shall take final direction and instruction from the SAPD
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Supervisor in charge of the event and will meet with the SAPD Supervisor and
other staff as needed at the beginning of each day of the Event.
7) Security guards shall not carry weapons, batons, or Year gas.
8) Security guards shall report only to the SAPD Sergeant in charge of the event
or the Community Services or Events Supervisor,
9) Security staff shall contact SAPD for any criminal activity, but may intervene
for non -criminal activity such as illegal vendors, rule violations, crowd control,
traffic control, etc.
10) Security personnel shall assist with the following:
a. Ensuring that no vehicles park on streets within the carnival
boundaries each day of the Event.
b. Preventing vehicles from stopping to drop off equipment.
c. Monitoring specific problem areas identified by SAPD
d. Monitoring carnival area for any illegal, gang or other criminal
activity.
e. Assisting SAPD with closing down the carnival nightly.
2. COMPENSATION
Provider will provide services pursuant to this Agreement and will be entitled to keep 75% of the
revenue generated pursuant to this Agreement. Provider will pay to City 25% of the revenue generated
for services provided pursuant to this Agreement no later than Monday, September 16, 2019. Provider
will also provide an accounting to the City for the revenue generated pursuant to this Agreement as
specified in Section 1A(7) of this Agreement. City will provide Provider with four (4) food booths and
one (1) vendor booth for a total value of $9,200.
3. CARNIVAL LOCATION
The carnival location will be on Flower Street north of Santa Ana Boulevard and South of Sixth
Street as indicated in the attached Exhibit A. City reserves the right to change the carnival location prior
to Festival with advance notice to Provider.
4. FESTIVAL HOURS
The Festival shall take place as follows:
A. Saturday September 14, 2019 between the hours of 12:00 p.m. to 10:00 p.m. The carnival
will close at 11:00 p.m.; and
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B. Sunday September 15, 2019 between the hours of 12:00 p.m. to 9:00 p.m. for the festival.
The carnival will close at 10:00 p.m.
5. AGREEMENTS BETWEEN VENDORS OR SUB -CONTRACTORS AND PROVIDER
Any agreements between Provider and Sub -Contractors or vendors for set -vices for Event shall
include the provisions noted below. Provider will provide City proof of compliance with this provision
prior to set up of the Event. Failure to comply with this provision will be grounds for termination of this
Agreement:
A. Provision for indemnity of the City as set forth in Section 13 of this Agreement; and
B. Insurance coverage as and additional insured endorsement naming the City, its officers,
employees, agents, volunteers and representatives as an additional insured as set forth in
Section 12 of this Agreement.
6. TRASH CLEAN UP
Provider is responsible for maintaining litter control and sufficient trash bins during the event.
Provider is also responsible for clean up after the event and returning the carnival location to the same
condition that it was in prior to the carnival.
ACCESS TO EVENT BY CITY STAFF
City staff wearing City identification will have access to the carnival at all times and for all
locations.
8. CLEANING AND DAMAGES DEPOSIT REQUIRED
No cleaning or damage deposit is required for the Festival. Once the carnival is complete, the
City will notify Provider within 48 hours whether any additional clean up is required. If City determines
that additional clean up is required, City will notify Provider in writing of the need for additional clean up
and the time line for completing that clean up. If Provider fails to adequately clean-up after City provides
notice of additional clean up or if Provider fails to adequately clean-up within the time provided by the
City for the additional clean-up, City will hire a company to provide additional clean up and Provider
will reimburse the City for the reasonable and actual costs (including any prevailing wages required to be
paid by the City) paid to perform the additional clean-up.
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This Agreement shall commence on the date first written above and terminate on November 30,
2019, unless terminated earlier in accordance with Section 20, below. Designated portions of this
Agreement will survive termination or expiration of this Agreement.
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10, INDEPENDENT CONTRACTOR
Provider shall, during the entire tern of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Provider performs the services which are the
subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a
manner consistent with all applicable standards and regulations governing such services. Provider shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
it. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, acid other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Provider under
this Agreement ("Documents & Data"). Provider represents and warrants that Provider has the legal
right to license any and all Documents & Data. Provider makes no such representation and warranty
concerning Documents & Data, which were provided to Provider by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk. Provided however that any drawings
and artwork prepared by Provider shall remain the sole and exclusive property of Provider and City shall
have no right to copy, use, modify, reuse or sublicense any and all such items other than in connection
with the 2019 Festival. The Provider may not use any drawings or artwork that identifies the City of
Santa Ana or uses the City seal for any use other than the 2019 Festival without written authorization.
12. INSURANCE
Prior to undertaking performance of work under this Agreement, Provider shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
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A. Commercial General Liability Insurance. Provider shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Provider's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in an amount not less than $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Provider shall supply City with a fully
executed additional insured endorsement in a form approved by the City Attorney upon
execution of this Agreement.
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B. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for,
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Provider, if Provider has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Provider agrees to
obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
D. If Provider is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim with $2,000,000 in the aggregate.
&. The following requirements apply to the insurance to be provided by Provider pursuant to
this section:
I) Provider shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
2) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
3) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
4) In the event that Provider has insurance coverage in excess of the required
amounts, City will get the benefit of Provider's additional insurance
coverage.
F. If Provider fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to
forthwith terninate this Agreement. Such termination shall not affect Provider's right to
be paid for its time and materials expended prior to notification of termination. Provider
waives the tight to receive compensation and agrees to indemnify the City for any work
performed prior to approval of insurance by the City. Provided however, that prior to
terminating the Agreement, City shall provide Provider with seven (7) calendar days'
written notice of the default and allow Provider to cure the default by providing said
insurance during the seven day period following Provider's receipt of written notice of
the default.
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13. INDEMNIFICATION
Provider agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Providers, special counsel, and representatives from liability for personal injury, damages,
just compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
including death, and claims for property damage, which may arise from the direct or indirect operations
of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section l of this Agreement but only to the extent
resulting from their negligence or willful or intentional acts. City agrees to and shall indemnify and hold
harmless the Provider, its officers, directors, shareholders, contractors, subcontractors, agents,
employees, and representatives from liability for personal injury, damages, just compensation, restitution,
judicial or equitable relief arising out of claims for personal injury, including death, and claims for,
property damage, which may arise from the direct operations of the City or its contractors,
subcontractors, agents, employees, which relates to the services described in section 1 of this Agreement
but only to the extent resulting from their negligence or willful or intentional acts. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
Section or by reason of the terms of, or effects, arising from this Agreement. The Indemnifying Party
further agrees to indemnify, hold harmless, and pay all costs for the defense of the other, including fees
and costs for special counsel to be selected by the other, regarding any action by a third party challenging
the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects
arising from this Agreement. City may make all reasonable decisions with respect to its representation in
any legal proceeding. The provisions of this Section survive cancellation or expiration of this
Agreement.
14. R CO"
Provider's records and invoices in connection with the work to be performed under this
Agreement shall remain the sole and exclusive property of Provider. In the event any such records are
provided to City, City shall maintain the confidentiality of these records and not disclose them to any
other person or company except as necessitated by law including but not limited to Court order,
subpoena, and/or public records act request. Provider shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures, and disbursements for
a minimum period of three (3) years,
15. CONFIDENTIALITY
If either party receives from the other information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, receiving party agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Inronnation" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
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and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a,) has been disclosed in publicly available
sources; (b) is, through no fault of the Provider disclosed in a publicly available source; (c) is in rightful
possession of the Provider without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Provider without reference to information
disclosed by the City. The provisions of this Section survive cancellation or expiration of this
Agreement.
16. CONFLICT OF INTEREST CLAUSE
Provider covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
17. NOTICE
Any notice, tender,, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
And
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Executive Director —Parks, Recreation and Convnunity Services Agency
City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702
Fax 714-571-4221
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Alva, California 92702
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To Provider:
Fax 714- 647-6515
International Promotions, Inc., dba Fiesta de Carnival
Attention: Mi. Ted Holcomb
11551 Weatherby Road
Los Alamitos, California 90720
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -'four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
18. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Provider,
and supersedes any and all other agreements, oral or written, between the parties, In the event of a
conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement
shall prevail. This Agreement may not be modified except by written instrument signed by the City and
by an authorized representative of Provider. The parties agree that any teens or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions
hereof, shall not bind or obligate Provider or the City. Each party to this Agreement acknowledges that
no representations, induceinents, promises or agreements, orally or otherwise, have been inade by any
party, or anyone acting on behalf of any party, which are not embodied herein,
19. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider
may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of
the City and any such assignment, transfer, delegation or subcontract without the City's prior written
consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services, which are the subject to this Agreement performed by City
personnel or by other Providers retained by City at its cost and expense.
20. TERMINATION
This Agreement may not be terminated by either party unless the other is in material breach of
the Agreement and then only after providing fifteen (15) calendar days' notice to the other and allowing
the other the right to cure the alleged default. A material default is defined as an act or omission that
would materially jeopardize the success of the Festival including but not limited to failing to provide the
required documents pursuant to the time frames in this agreement and failure to adhere to any of the
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terms of this agreement. A material default shall also include any action that will damage the image
and/or reputation of the City. Prior to delivering a notice of default, the parties shall first discuss the
nature of the default and to the extent necessary, work together to remedy the default or provide an
alternative means of performance that is reasonably acceptable to each party. Each party recognizes that
the other will have a substantial investment of time and money in performing this Agreement.
2L DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in
the recruitment, selection, training, utilization, promotion, termination or other employment related
activities. Provider affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
22. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
23. PROFESSIONAL LICENSES
A. Provider shall, throughout the tern of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other govermental agencies. Provider shall notify
the City immediately and in writing of its inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of
this Agreement.
B. Provider shall receive all vendors and/or sub -contractors to obtain all necessary licenses,
permits, approval, waivers and exemptions necessary for the provision of any contracted
services hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other governmental agencies. Provider shall notify
the City immediately and in writing of its inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of
this Agreement,
24. MISCELLANEOUS PROVISIONS
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A. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terns of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held
Agreement for Carnival Services for Fiestas Patrias 2019
Page 13
by the signatory or is withdrawn.
B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
written. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
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DAISY GOMEZClerk of the Council
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney A
By: A-Rpgr t..
Laura A. Rossini
Senior Assistant City Attorney
CITY OF SANTA ANA
KRI. Tr
City Manager
RECOMMENDED FOR APPROVAL: PROVIDER
emational Promotions, Inc.
By:
Lxecutii a dlott'—
Ted Holcomb, President
Eve Dircmor of Parks.
Recreation, and Community Services
Agency
Tax ID#
4630'v I
Agreement tinCarnival Services for Fiestas Patrias 20.19
Page 14
d#6302vl
EXHIBIT A
CARNIVAL LOCATION
Agreement for Carnival Services for Fiestas Patrias 2019
Page 15
EXHIBIT A:
2019 FIESTAS PATRIAS CARNIVAL SITE PLAN
Location of booth spaces below are designated by the City
and are subject to change.
LAST UPDATED 7/8/2019