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HomeMy WebLinkAboutALL ACCESS ENTERTAINMENT 1-2004 tifreo �3� r �c��� eY AGREEMENT TERMINATION eiY lye Please complete this form when the attached agreement is no longer in effect. 004 Return form-to the Sr. Deputy Clerk of the Council M-30 . Call 647-5238 ifyou have p Y � ) Y questions. The agreement with Oil ateiza, ec.,No/4 a6(''/52 was'com leted on p -7 I P3 , and final payment has been made. -r r Department: Signature: 1 ,'I Q: Date: 6 723 r City of Santa Ana Revised 8-7-03 Clerk of the Council '. \NSÛRANCE tlQì m,1 f~~E WORK MAY NQl PROCH.\) CLERK OF CQUNC\L DA1E: 9- /t./-oLj Q,: e bit ,\ (D. M f:((J.ìtt[) } A-2004-152 AGREEMENT WITH ALL ACCESS ENTERTAINMENT TO PRODUCE THE FIESTAS PATRIAS CALIFORNIA CELEBRATION This Agreement is entered into on J~ \ u /q , 2004, by and between the City of Santa Ana, a charter city and municipal corpora~anized and existing under the Constitution and laws of the state of California, (hereinafter referred to as "City") and All Access Entertainment Company, (hereinafter referred to as "Event Producer"). RECITALS A. The City desires to retain a company having special skill and knowledge in the field of promotion of special events in order to "produce" the Fiestas of the Americas Event (said "Event") for the City. B. Event Producer has "produced" said Event on behalf of the Downtown Santa Ana Business Association since 2001. C. Event Producer shall ensure that the Event remains a positive, family-oriented event reflective of the community. D. Event Producer represents that it is able and willing to provide such services to the City. E. In undertaking the performance of this Agreement, Event Producer represents that it is knowledgeable in its field and that any services performed by Event Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected :ITom a professional Event Producer in the field. 1. SCOPE OF WORK Event Producer shall produce said Event on September 11, 12, 2004 in the downtown area of Santa Ana as described in Exhibit A attached hereto and incorporated herein by reference. Additional terms included in Scope of Work shall be: CITY shall retain the right to approve the general layout of said Event including the placement of booths, stages, carnival rides, etc. The Fiestas shall not include an event parade within the schedule of activities. If a theme is considered in addition to Fiestas Patrias California Celebration, CITY and Event Producer must reach mutual agreement as to said theme. CITY shall retain final approval over all entertainment. City may at its sole discretion for any reason may reject entertainment chosen by Promoter. Event Promoter shall produce a complete stage schedule listing each performer and their associated time slot before August 24, 2004. City will provide final approval before August 31, 2004 at which time City will provide written approval in the form of a letter :ITom the Executive Director of Community Development or her designee. A minimum of one main stage and associated 1 " entertainment shall be programmed and produced during the event duration. As part of the entertainment package, Event Producer shall incorporate at least one "B" headliner for Saturday and Sunday as part of the entertainment segment of the event. The "B" headliner shall be a group that is recognized and established to be a regional draw within their music genre. Additional stages may be added as the layout or other business factors dictate during Event preparation. Event Producer agrees not to sell any alcohol or tobacco products during the Fiestas event. CITY shall receive copies of all press releases and advertising for the event at least 72 hours prior to the use in the Event promotion. Ownership. CITY shall retain ownership of the complete sponsorship list to include any and all additional sponsors that are acquired during the course of this Agreement. Advertising. Sponsorship by alcohol product companies shall be considered, but must be pre-approved by CITY. Absolutely no direct tobacco product advertising shall be allowed within or associated with the Event. Fees. Producer shall be responsible for all fees and/or costs associated with this event including but not limited to additional Police, Fire, and Public Works. Promoter shall be entitled to deduct fees and/or cost :ITom net revenues. Litter/Trash. Event Producer will maintain continuous litter control during the entire Event. Promotional Documents. Event Producer will provide to CITY all distributed documents related to marketing, promotions and administration as distributed. Equipment. Event Producer shall provide all necessary equipment, resources and manpower to develop and produce the Event. Special Events. CITY shall retain the right to host an opening event, e.g. "Ribbon Cutting Ceremony", and VIP Party, if CITY so elects. Merchant Discount Program. Event Producer will be responsible to offer a discount on purchasing a vendor booth within the event for at least a two (2) week period to merchants with businesses along 4th Street and in the Fiesta Marketplace. Event Producer shall hand out a flyer to all businesses within the specified area detailing the Discount Program at least one week prior to the start of two (2) week discount period. Financial Documentation. Within 30 days after the Event, Event Producer shall provide the City with a complete and detailed financial ledger specifying all revenues and reasonable expenses to determine the net revenue and submit to the City the sum of fifteen (15%) of net revenues as specified in Section 3, Compensation. 2. TERM. CITY shall grant Event Producer a one-year (1) year Agreement. 2 , , 3. COMPENSATION. Event Producer shall remit to CITY a non-refundable sum oftwenty five thousand ($25,000) dollars and non-refundable sum of fifteen (15%) percent ofthe net revenues ("net revenues" shall be defined as all receipts for revenues to include but not be limited to sponsorship, booth sales, carnival rides and games minus total reasonable expenses excluding but not limited to commissions, Event Producer hotel and per diem charges, and Event Producer's labor costs.) as Compensation to City. Event Producer shall remit the sum oftwenty five thousand ($25,000) dollars at least 30 days prior to the scheduled event date or no later than August 13,2004. Event Producer shall not be entitled to a refund of any portion of the twenty five thousand ($25,000) dollars and/or offset of any portion of fifteen (15%) percent ofthe net revenues if said event fails to cover costs or make a profit. The compensation fee of $25,000 will be fully refundable in the event that the City of Santa Ana, Police or any other Authority orders the cancellation of the event due to any act not caused by Force Majure or as defined under Section 4. Limitation of Liability. 4. LIMITATION OF LIABILITY Without limiting any express financial or liability provisions provided for in this Agreement, City shall not be liable to Promoter for any indirect, consequential, exemplary, special, incident or putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in connection with this Agreement under any theory of tort, contract, warranty, strict liability or negligence. The foregoing limitation applies to all causes of action and claims, including but not limited to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further understood and agreed that City shall not be responsible for any loss or damage caused by EVENT PROTEST, hostile or warlike action, terrorism, civil disorders or any governmental action, whether such loss be direct or indirect, proximate or remote. 5. INDEPENDENT CONTRACTOR EVENT PRODUCER is an independent CONTRACTOR and not an employee of CITY and all of CONTRACTOR'S personnel shall be employees or subcontractors of EVENT PRODUCER and not employees of the CITY. EVENT PRODUCER 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. 6. MISCELLANEOUS PROVISIONS a. EVENT PRODUCER covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. b. EVENT PRODUCER will not discriminate against any employee, or applicant for 3 " employment, because of race, color, religion, sex, marital status, or national origin. EVENT PRODUCER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. c. termination. This Agreement may be terminated by City upon thirty (30) days written notice of 7. CONFLICT OF INTEREST CLAUSE Event Producer covenants that it presently has no interests and shall not have interests, direct or indirect, who would conflict in any manner with performance of services specified under this Agreement. 8. INSURANCE Prior to undertaking performance of work under this Agreement, Event Producer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Event Producer shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising :ITom bodily and personal injury, including death resulting there:ITom and damage to property, resulting :ITom any act or occurrence arising out of Event Producer'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 there:ITom, and property damage, in the total amount of $1 ,000,000 per occurrence. Event Producer shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. 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 3300 of the Labor Code, Event Producer, if Event Producer 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, Event Producer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Event Producer 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. 4 , , e. The following requirements apply to the insurance to be provided by Event Producer pursuant to this section: (i) Event Producer shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 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. (ii) (iii) f. If Event Producer 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 terminate this Agreement. Such termination shall not effect Event Producer's right to be paid for its time and materials expended prior to notification of termination. Event Producer waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 9. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Downtown Development Manager City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 5 telefacsimile (714) 647-6515 To Event Producer: All Access Entertainment Attn: Mr. Larry Gonzalez 2130 Sawtelle Boulevard, Suite 304 Los Angeles, CA 90025 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other 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 :ITames, weekends, federal, state, County or City holidays shall be excluded. 10. CONTRACT ADMINISTRATOR The Executive Director ofthe Community Development Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Event Producer, 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 Event Producer. The parties agree that any terms 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 Event Producer nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. DISCRIMINATION Event Producer 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. Event Producer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the 6 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. 14. INDEMNIFICATION AND HOLD HARMLESS CLAUSE Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives :ITom liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise :ITom the direct or indirect operations of the Event Producer or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) :ITom any claim that personal injury, damages, just compensation, restitution, judicial or equitable, including any claims made by artist or representatives of artist that the City has violated any copyright law( s) relief is due by reason of the terms of or effects arising :ITom this Agreement. 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 :ITom this Agreement. The Event Producer further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, 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 :ITom this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 15. BREACH Inasmuch as this Agreement is intended to secure the specialized services of the Event Producer to perform all necessary functions and activities for the two (2) day Fiestas Patrias California Celebration of September 11 and 12, 2004 in Downtown Santa Ana, failure by Event Producer to perform the Scope of Work, at a minimum specified in Section 1 and Exhibit A, shall be considered a material breach of this agreement. The CITY shall be entitled to all legal and equitable remedies including but not limited to incidental and consequential damages. 16. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of EVENT PRODUCER, EVENT PRODUCER may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent ofthe 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 Event Producers retained by CITY. 17. COMPLIANCE WITH COPYWRITE LAWS Event Producer understands that the songs used by its performers may be copywritten music pursuant to federal law, and, if so, that the Artist may have certain rights relative thereto. This Agreement is explicitly made subject to the artist rights under any such agreement and any applicable 7 law or regulation, if any. To the extent that there is a conflict between any such agreement, applicable law or regulation and this Agreement, the terms of such, applicable law or regulation shall prevail. EVENT PRODUCER shall defend, indemnify and save harmless CITY, its officers, agents, volunteers and employees, against any and all damages :ITom any and all claims, demands, suits, actions, or proceedings of any kind of nature, including, but not by way of limitation, violations of federal copywrite laws and/or regulations or by anyone whomsoever, in any way resulting :ITom or arising out of EVENT PRODUCER'S acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of EVENT PRODUCER or its subcontractors. 18. LICENSES Event Producer shall, throughout the term 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 ofthe United States, the State of California, the City of Santa Ana and all other governmental agencies. Event Producer shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ! (. -., .~:. .... ~.- ~ PATRICIA E. HEAL Clerk of the Council CITY ¡;;~A ANA ~a- DA VI N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHIÆ City Atto~ey (J . By:JY]L V~ Michael Vigliotta Deputy City Attorney RECOMMENDED FOR APPROVAL: PROMOTER ~a ricia C. WhItaker Executive Director of the Community Development Agency 8 Exhibit A 1. Set up conditions a. Consultant shall provide all necessary equipment, resources and manpower to develop and produce the Event. b. Street closures for the carnival will begin Friday, September 10 at 8:00 a.m. c. Street closures for the entire festival boundaries will begin Friday, September 10 at 8:00 p.m. d. "No Parking" signage must be posted on those portions ofthe street that will be affected by the closure 24 hours in advance of the event. e. Consultant shall pay for traffic control layout plan for the event. f. Consultant shall pay for the set up of traffic control for the event; minimum of two staff personnel or as specified in the permit, maintaining the traffic control set up during the event; tear down of traffic control at the end of the event. 2. Trash a. Consultant will maintain continuous litter control during the entire Event to include: i. Maintain a professional cleaning crew during all open times of the event. Consultant shall not allow trash to accumulate on the streets & sidewalks at any time during the event. 11. Maintain dumpsters strategically placed throughout the event boundaries to contain trash :ITom the event. Dumpsters shall be placed to avoid the :ITont of establishments, where possible. 111. Have dumpsters emptied after the event closes on Saturday night and prior to the opening on Sunday morning. Sufficient dumpster capacity for all trash generated during the final cleanup of the Event on Sunday evening shall be maintained for those crews. 3. Break down conditions a. The teardown ofthe festival will begin at 10:00 p.m. on Sunday, September 12. b. Main and Broadway must be open to vehicular traffic no later than 5:00 a.m. on Monday, September 13. c. The entire festival boundaries must be open to vehicular traffic no later than 8:00 a.m., Monday, September 13. d. The teardown of the carnival area on 3rd Street between Main and Spurgeon and on Bush Street between 2nd and 3rd cannot begin until 7:00 a.m. on Monday, September 13 and must be completed and open to traffic no later than 3:00 p.m. on Monday, September 13. 4. Clean up a. Cleaning of the sidewalks within the boundaries of the festival will be steam cleaned by a contractor approved by the City. Consultant shall have all areas cleaned 9 beginning Monday, September 13 and completed no later than Friday, September 17. Map of area to be cleaned is attached as Exhibit B. b. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). 5. Vendor/Sponsor/Food booth management - Ownership a. Vendor/booth vehicles cannot reenter the Festival once it has started and until 11 :30 p.m. on Saturday and 10:30 p.m. on Sunday night or until it is determined to be safe for the general public by the Police Department Official in charge at the Fiesta. b. All ticket sales at any booth including the Carnival must cease one hour prior to closing of the festival each night. c. All noise generated by this event shall remain within levels specified in S.A.M.C. Section 18-132. Specifically noise levels shall not exceed 55 db between the hours of 7 a.m. to 10 p.m. and not to exceed 50 db between the hours of 10 p.m. to 7 a.m. S.A.M.C. Section 10-153 (Loud and Raucous Notice) must be abided by all at all times. d. All booths' canopy support poles closest to the public sidewalk must be kept pushed up to the curb at all times. The :ITont support posts cannot be placed past the gutter, with the exception of French Street and pre-approval by the Fire Department. e. Vendor vehicles must park in assigned locations at all times. Vendor vehicles parked unauthorized locations will be towed at the vendor's expense. f. A 20-foot wide fire lane must be maintained behind each stage at all times. Any vehicles blocking this area will be towed at the owner's expense. g. Vendor booths are prohibited :ITom placing items on the public sidewalk except in those areas as approved on the official site plan. h. Portable fire extinguishers are required for all food booths and rides. 1. No tables, chairs or other items can be placed in :ITont of the approved booth locations. J. All booths must maintain their area in a clean condition at all times. It is prohibited to dump trash, food, etc on the event grounds. Failure to follow this rule will result in loss of security deposit. k. No flyers, newspapers, and/or pamphlets are to be distributed except by booth vendor or sponsor with committee approval. I. No speakers outside booth and no live entertainment are allowed except on the approved stages. m. Amplified music or vocal presentation will be allowed only within a 20 feet distance of all vendor booths as determined by City and Event staff except where previously authorized in writing by the City and on the main entertainment stage. n. All cooking in all booths at the Fiesta must cease cooking a minimum of one hour prior to the closing of the festival each night. Saturday - 9 p.m., Sunday 8 p.m. Vendors may not sell or give away product after the closing time of the event. o. City shall retain ownership ofthe complete sponsorship list to include any and all additional sponsors that are acquired during the course ofthis License Agreement. Consultant shall be required to submit, in electronic format, all records relating to the event to City. Said list shall include specific points of contact with addresses and phone numbers. p. It is prohibited to sell canned or glass beverages without city approval. Alcohol canned or glass beverages will not be approved by City. q. All food booths must comply with all state health regulations at all times. 10 r. Food vendors must be nonprofit, must obtain a California Health Permit, and must obey all health laws. s. Food vendors must have a fire extinguisher that is up to date, or vendor will not be permitted to serve food. t. No homemade gas lines or propane bottles permitted. u. All booths must have a City of Santa Ana Business License or a One-Day Peddlers License. 6. Carnival a. Carnival can begin set up of rides no sooner than 8:00 a.m., Friday, September 10. b. Carnival will not be allowed to store equipment prior to the set up time on city owned property and city right of way. c. Carnival staff will not be allowed to sleep inside the Festival boundaries. d. Carnival must supply restroom facilities for their staff during set up. 7. Conditions during event a. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). b. Consultant agrees not to sell or distribute any alcohol or tobacco products during the Festival event. c. Consultant will pay for a standing fire watch during the entire event. d. Consultant will pay for code enforcement during the event. e. Consultant will pay for all police personnel needed to protect the safety of people attending the event, crowd control, etc. during the entire event. f. Event hours will be during the following time periods: i. Saturday, September 11 th: 11 :00 a.m. to 10:00 p.m., Carnival will end at 11 p.m. 11. Sunday, September Ith: 11 :00 a.m to 9:00 p.m., Carnival will also end at 9 p.m. g. The main stage will be activated during the following time periods of the festival: i. Saturday, September 11 - 12 p.m. to 9 p.m. ii. Sunday, September 12 - 12 p.m. to 9 p.m. Entertainment on any stage is prohibited :ITom tossing giveaways into the crowd. This also applies to the live remotes :ITom any radio station. 11 . , . J l~. ,.,,, ,.,"'.., ._.J L ~ "- ROSS ~ "-~*...,....,, T %,' [_;Ln:t~n' 1l~1~--.~ì\ ROSS: 5T '- n,nl'f]'Ofi' '" "... . ..~ .þ. .. -<I :t fI) .-1 ~ BROADWAY 11 Jt r¡> [ , ~ U1'rU.U:IIM¡¡W\í¡J:~:4i ~ ] J..... ~ ~ . ~ ~ U'. Area to be cleaned .......... I ..J-~n.T-I"", ,', ---, Exhibit B ~...".' r~' I ." . .... -", ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising :ITom the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits ofliability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective. ) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative Exhibit C " < ~ ~ CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 CIVIC CENTER PLAZA M.29 . P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 (714) 647.5201 . Fax (714) 647.6515 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy . 'MA YÔR . Miguel A. Pulido MAYOR PRO TEM Brett E. Franklin COUNCILMEMBERS Claudia C. Alvarez Lisa B ist Alberta D. Christy Mike Garcia Jose Solorio october 18, 2004 VIA FIRST CLASS MAIL Larry Gonzalez All Access Entertainment 2130 Sawtelle Boulevard, Suite 304 Los Angeles, CA 90025 Re: Fiestas Patrias California Dear Mr. Gonzalez: This letter is to memorialize our telephone conversation regarding the typographical error in Recital A of the Agreement to Produce the Fiestas Patrias California Celebration. The "name" of the event is Fiestas Patrias California celebration and the contract recital misstates the name as Fiestas of the Americas event. Thank you for providing me with your original contract with the mistake "lined out" and the correct name written in and initialed. I am returning the original to you and will keep a copy for our file along with a copy of this letter. If you have any questions regarding this response please do not hesitate to contact me. Very truly yours, JOSEPH W. FLETCHER City Attorney .. By Michael Vigliot Deputy City Attorney Enclosure C.S e7~ ~UAANCE NO¡ ~ . WORK MAY NJ, ~ _~D CLERK O~ Cù,-., ",I L DATE: C/-, I f.--di A-2004-152 AGREEMENT WITH ALL ACCESS ENTERTAINMENT TO PRODUCE THE FIESTAS PATRlAS CALIFORNIA CELEBRATION This Agreement is entered into on :0-' If I q , 2004, by and between the City of Santa Ana, a charter city and municipal corpora~nized and existing under the Constitution and laws of the state of California, (hereinafter referred to as "City") and All Access Entertainment Company, (hereinafter referred to as "Event Producer"). RECITALS A. The City desires to retain a company having special skill and knowledge in the field of promotion of special events in order to "produce" thHic.5t~ of tilt; A.ulei¡~a:s Event (said ~ "Event") for the City. . "';;¡è!-rl..u ¡J1t-f^- ',t) 8/f-1. JJv-.-'c''''' B. Event Producer has "produced" said Event on behalf of the Downtown Santa Ana Business tl:> Association since 2001. C. Event Producer shall ensure that the Event remains a positive, family-oriented event reflective of the community. D. Event Producer represents that it is able and willing to provide such services to the City. E. In undertaking the performance of this Agreement, Event Producer represents that it is knowledgeable in its field and that any services performed by Event Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected :ITom a professional Event Producer in the field. 1. SCOPE OF WORK Event Producer shall produce said Event on September 11, 12, 2004 in the downtown area of Santa Ana as described in Exhibit A attached hereto and incorporated herein by reference. Additional terms included in Scope of Work shall be: CITY shall retain the right to approve the general layout of said Event including the placement of booths, stages, carnival rides, etc. The Fiestas shall not include an event parade within the schedule of activities. If a theme is considered in addition to Fiestas Patrias California Celebration, CITY and Event Producer must reach mutual agreement as to said theme. CITY shall retain final approval over all entertainment. City may at its sole discretion for any reason may reject entertainment chosen by Promoter. Event Promoter shall produce a complete stage schedule listing each performer and their associated time slot before August 24, 2004. City will provide final approval before August 31, 2004 at which time City will provide written approval in the form of a letter :ITom the Executive Director of Community Development or her designee. A minimum of one main stage and associated 1