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HomeMy WebLinkAboutO ENTERTAINMENT, INC. 1City of Santa Ana Clerk of the Council AGREEMENT TERMINATION 2014 JUL 29 4: S 1 Please complete this form when the attached agreement is no longer in effecrATY OF r NTA A, NA Return form to the Clerk of the Council Office (M-30). CLERK OF C(UNO' . Call 647-6520 if you have any questions. NOTE: PLEASE INCLUDE ALL The agreement with IF ANY. THANK YOU.. No. � —() i� Cti t�Yp- was completed on l' a l �� tog and final payment has been made. Department: 3� C� Phone/Ext.: .. S Signature: Date: Retl 12N-07 s A-2003-048 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS ATr�CITY /PARKS THIS AGREEMENT, made and entered into this day of ///G i < `( , 2003 by 0 Entertainment, a California Corporation (hereinafter "Operator"), 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 w o —�—' w J A. On December 11, 2002, the City issues a request for proposals for a carnival operator to © C) z provide carnivals at City owned parks. a p �—i ZI C B. Operator submitted a proposal to provide services. w CD z ¢ u.i C. Operator represents that Operator is able and willing to provide such services to the City. C/3 o C-:, D. In undertaking the performance of this Agreement, Operator represents that it is z knowledgeable in its field and that any services performed by Operator under this 05' ' Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator 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: 1. PREMISES AND USE The City of Santa Ana owns the real properties at 3000 W. Edinger Avenue also known as "Centennial Park" and at 726 S. Center Street also known as "Jerome Park", both located in the City of Santa Ana, California. City hereby grants to the Operator a non- exclusive, revocable user agreement to encroach upon the area herein described, for the purpose of providing carnivals and for no other purpose. Operator shall provide two (2) carnivals at each location on dates approved by the Executive Director of Parks, Recreation and Community Services Agency. 2. SCOPE OF SERVICES Operator shall provide at each of the parks included a full service carnival complete with the rides, equipment and services as set forth in Exhibit A and Exhibit B (Promoters Additional Responsibilities) to this Agreement. 3. FEES Operator agrees to pay the City and City agrees to accept from Operator the following fees per event. Parkh___ mva1 m..w Centennial Park $6,500 I" Carnival (Cinco De Mayo) Centennial Park $10,000 or 15% of the ride gross 2"d Carnival (4`h of July) whichever is greater Jerome Park $6,000 or 15% of the ride gross I" Carnival whichever is greater JeromePark $6,000 or 15% of the ride gross 2"a Carnival whichever is greater As a condition precedent to being granted a license to operate a carnival, the Operator agrees to pay in advance all City permit and/or license fees for the events as well as any deposits. 3. TERM This Agreement shall commence on the date first written above and terminate on /lJCtnA /7 , 2004 unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon in writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 4. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records specified for the carnival activity at the specified parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the park carnival events. B. ALL Operator's records of revenues and repairs pertaining to Santa Ana Carnivals shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 5. INDEPENDENT CONTRACTOR Operator shall, during the entire term 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 Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Operator 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 from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Operator'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 the total amount of $5,000,000 per occurrence. Operator 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, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Operator 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. e. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. 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. f. If Operator 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 Operator's right to be paid for its time and materials expended prior to notification of termination. Operator waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Operators, special counsel, and representatives from 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 from the direct or indirect operations of the Operator 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) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from 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 from this Agreement. The Operator 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 from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFLICT OF INTEREST CLAUSE Operator 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. 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: and, Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Operator: O Entertainment 3423 Orange Ave Long Beach, CA 90807 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 frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns 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 Operator. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Operator 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 Operators retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Operator shall be entitled to receive and the City shall pay Operator compensation for all services performed by Operator prior to receipt of such notice of termination. 13. DISCRIMINATION Operator 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. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 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. 15. PROFESSIONAL LICENSES Operator 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 of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms 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 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: 1 �. Michael Vigliotta Deputy City Attorney RECOMMENDED FOR APPROVAL: Ribble Executive Director of the Parks Recreation and Community Services Agency CITY OF SANTA ANA AVID N. REAM City Manager Employer II) # or Individual SS # " "k EXHIBIT A A. PROMOTER'S RESPONSIBILITIES 1. PROOF OF INSURANCE — Upon selection, Offeror must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days in advance to commencement of the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees" as additionally insured. It must also contain a promise of written notice of cancellation and the "endeavor to" clause used in such certificates is not acceptable. 2. REQUIRED CLEANUP/DAMAGE DEPOSIT - Upon selection, Offeror must be able to provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana by a minimum of ten (10) business days in advance to commencement of the event. A fee for turf repairs, field aeration and fertilization necessitated by carnival events hosted on park property will be deducted from the deposit. Monies will also be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges necessitated by the event. Any remaining monies from the deposit not used towards damages, cleanup of the park or any unforeseen security costs for this event will be refunded to operator. 3. CLEANUP DURING AND AFTER THE EVENT - Promoters, throughout the hours of the event, shall be responsible for collecting and disposing/dumping of trash, replacing the trash liners, keeping the toilet clean and well stocked, and keeping the overall event area clean. Promoters are responsible for cleanup of the event areas and the surrounding areas after the event as well. Promoter agrees to arrange for pick up trash in the parking lots and surrounding neighborhood after each day's event at promoter's expense. Failure to provide continuous clean-up will result in dispatching of City staff to perform this work at the promoter's expense or the City hiring a private contractor to perform the work at promoter's expense. 4. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the promoter fails to perform as required in Item V.A.3. of this document, the City of Santa Ana will arrange for the parking lots and major streets surrounding the park to be swept on Monday following the major event at the expense of the promoter, who will be required to pay any staff overtime necessary to complete that task. 5. DUMPSTERS — Promoter is responsible for providing at least one (1) large dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the Tuesday following the conclusion of the event. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Offeror must provide a plot plan utilizing the land use certificate format for the overall equipment setup by a minimum of ten (10) business days in advance to commencement of the event. The plot plan must include entrances, exits, all necessary barricading, the location of rides, booths, restrooms, and electrical equipment. This plot plan is required by the Police Department, the Fire Department, the Planning & Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency (PRCSA), and the Orange County Health Department. Promoter will need to walk plot plan through City of Santa Ana Planning and Building Agency - Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the Plan Check process, please contact the Santa Ana Police Department at (714) 245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. 7. CARNIVAL LICENSE — Operator agrees that, after receiving clearance from the Santa Ana Police Department, to complete and submit a Miscellaneous Flat Rate Application to the Santa Ana Finance Department, with all accessed fees. The standard fee for operation of a carnival in Santa Ana is $383 for the first day, and $230 for each additional day. A $22 processing fee will also be included for payment by the operator. All fees subject to change. The Santa Ana Finance Department can be contacted at (714) 647-5447. 8. FIRE AND ELECTRICAL INSPECTION — Offeror must, by a minimum of ten (10) business days in advance to commencement of the event, arrange with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths set up prior to being used at the carnival. If there will be five (5) or more cooking booths at the event, promoter must arrange for "fire watch" with the Fire Department by calling (714) 647-5700. The fire watch will be provided at the promoter's expense and must be paid a minimum of five (5) working days prior to the event. The required number of standby inspectors per event will be determined during the plan check (See Item V.A.6.). Actual event rules and regulations will be provided to the promoter at plan check and copies shall be provided to each booth vendor by the promoter. Promoter must provide all event electricity. Hookups to park electrical outlets will not be permitted. 9. OC HEALTH DEPARTMENT REQUIREMENTS — Promoter must secure food permits and food booth inspections from the Orange County Health Department no later than a minimum of ten (10) business days in advance to commencement of the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event, three (3) days, during event hours. To secure food permits and schedule booth inspections, promoter must contact the Orange County Health Department at (714) 667-3610. Parks Department will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) — Operator is responsible for z supplying the Business Tax Office with a list of pre -approved potential vendors before sending vendors to the Business Tax Office, in order to avoid unapproved vendors from vending during the event, or promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. All vendors, business or non-profit organizations (selling or information only), who vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One -Day Peddler/Solicitor license. Non -Profit Organizations are required to obtain a Fee -Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Offeror shall contact the neighborhood associations adjacent to the Park where carnival is to be conducted to inform them of the activity and to gain their organization's support for the planned activity at the park during the scheduled times and dates, in writing, by a minimum of ten (10) business days in advance to commencement of the event. Santa Ana Parks, Recreation & Community Services Agency and/or Community Development Agency will provide contact information to promoter for a particular neighborhood upon request. Promoter must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. The Community Development Agency can be contacted by calling (714) 647-5360. 12. CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to start of each carnival event to be held on City property, promoters must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. 13. CONTACT WITH BUSINESS ORGANIZATIONS - Promoters must contact or send a letter to the business owners in vicinity of park where carnival event is to be held, explaining the dates and times of the event, and what precautions need to be taken to keep program participants from parking in the surrounding business parking lots during the planned event program hours. 14. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required for each day of the event. Offeror must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre -event meeting as specified in Item V.A.7. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. 3 All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided by a minimum of ten (10) business days prior to the event. 15. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245-8718 or (714) 245-2709. 16. POLICE DEPARMENT REQUIREMENTS — The security company to be used by offeror for event must be pre -approved by the Santa Ana Police Department. Offeror must provide the Police Department the name of a contact person representing the carnival operator and contracted security company at the event site. At least one of those security company persons must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. Operator must also have a minimum of two (2) Santa Ana Police Department Officers present at any events held at Cesar Chavez/Campesino, El Salvador, and Jerome Parks, during agreed upon hours of event operation. Promoter will also provide Police Department with a booth at these events. Police Department will coordinate necessary police assistance for the event at promoters' expense. 17. ADDITIONAL POLICE/FIRE/PARK PERSONNEL — Promoter agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, promoter will pay those additional expenses. 18. PRE -EVENT AND POST EVENT MEETING WITH PARK PERSONNEL — Promoter must arrange to meet with Park Supervisor by calling (714) 231-6114, to schedule a walk through to agree upon the condition of the park before and after the event. Pre -inspection meeting is to occur on Wednesday prior to carnival event. Carnival operator is not to set up until pre -inspection has been completed. Set up prior to event date and/or before the pre -inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events to be provided by promoter. Post -inspection meeting is on the Monday following carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and Santa Ana Parks, Recreation & Community Services Agency. Failure to do so will result in fine of $1,000 per day and may lead to a suspension of future events to be provided by promoter. 19. PROTECTION OF FIELD AND TURF — Promoter shall be responsible for setting the carnival equipment in a way as not to cause damage to the turf or irrigation materials (sprinkler heads, 4 etc) at the park. Such precautions may include painting around or covering the sprinkler heads with a "metal disk", or whatever efforts are necessary to protect the irrigation equipment, at promoter's expense. Monies to repair any damage incurred to turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the amount of damage incurred exceeds the amount of deposit, offeror is responsible for the difference of which must be paid within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so will result in the suspension and or voiding of contract with carnival operator. 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 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved by Police and Parks Department Representatives as stipulated in Item V.A.13. There will be a $1,000 fee/per day for equipment arriving earlier or left in the park later than the above stated times. 21. CARNIVAL HOURS - Carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Friday and Saturday and no later than 10:00 p.m. on Sunday. Ticket sales and food sales must stop one half hour prior to scheduled carnival closing time. 22. PORTABLE RESTROOMS - Provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. They are to arrive no later than 12:00 noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event setup. Operator is responsible for arranging for portable toilets to be serviced a minimum of once per day or twice per day for capacity crowds. 23. SALE, ADVERTISING and CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES - Promoter agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. 24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES — Offeror understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Offeror also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any decision to remove a game will be final. 25. EVENT STAFF PARKING — Offeror understands and agrees that there shall be no overnight camping at the event site. All privately owned cars must be parked outside of event area before, 5 during and after carnival operation hours. Exceptions will be made on a case by case basis in consideration of overnight security of carnival rides and equipment only. 26. YOUTH PROGRAMS DONATION — Offeror understands and agrees to make a minimum donation to the City of Santa Ana's youth programs for each event. Check for donation is to be made out to "Friends of Santa Ana Parks & Recreation." Minimum amount of contribution is $3,500 for each event to be conducted at El Salvador, Jerome, and Campesino/Cesar Chavez Parks, and $5,000 for each event to be conducted at Centennial Park. B. ADDITIONAL SPECIFICATIONS FOR CARNIVALS PROPOSED FOR CENTENNIAL PARK 1. DELIVERIES OF SUPPLIES TO VENDORS - Promoters shall be responsible for servicing the needs of the booth vendors throughout the programming hours. Once the event is underway, all deliveries of food, drink and supplies must be carved via hand trucks or small Dihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. Parks Department will provide two (2) Cushman vehicles for use of Police personnel only during the event upon promoter's request. Only City employees are allowed to operate the vehicles. 2. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Promoters will provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of Police Department, before and after each day's event. 3. RENTAL OF TRAFFICE CONTROL EQUIPMENT — Promoters shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 4. PERSONNEL PARKING -Promoters shall instruct all personnel that Centennial Road is designated as a fire lane and at no time will vehicles be allowed to park along Centennial Road. Promoters must instruct entertainers to park in the southwest corner of the Fire Training Center at the park site, vendors must be instructed to park in the high school parking lot. There is to be no overnight camping in the park, or private vehicles to be parked in the event area. 5. EVENT PARKING AND REQUIRED SIGNAGE - Promoters shall be required to post signs in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods. Parks Department will mark the event dirt area for orderly parking of vehicles at promoters' expense. An event personnel must be designated at this location to oversee the orderly parking of vehicles. 6. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Offeror must provide soft security personnel (licensed as specified in Item V.A.13.) to work at the designated entrances into the neighborhoods in direct proximity to the park where event is to be held. A minimum of two (2) persons, plus necessary directional signage shall be stationed at each of the housing tract 6 entrances, during all event program hours, in order to deter event participants from parking in the residential areas adjacent to the event. 7. POLICE DEPARMENT REQUIREMENTS — Additional Santa Ana Police Department Officers will be required during event hours at operator's expense. The number of officers needed will be based on factors such as size of the event, expected attendance, and recent area activity. Operator will be informed of number of additional officers needed at the pre -event meeting as listed under Item V.A.18. Police Department will coordinate the necessary police assistance for the event, at promoters' expense. 8. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Promoters will provide personnel to assist in placing and collecting the traffic barricades and equipment as specified by Police Department, under the supervision of Police Department, before and after each day's event. 9. PORTABLE RESTROOMS — Operator must provide a minimum of twenty-two (22) portable toilets, with a minimum of two (2) units designed specifically for disabled persons. They are to arrive no later than 12:00 noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. The portable toilets must be pumped by a professional service twice daily, prior to the beginning and midway each day, and as often as necessary during program hours, at the expense of the promoter. Promoters shall be responsible for replacement of toilet paper and general toilet cleanup. Toilets must not be placed in a position to restrict the vision of the event from the Police Command Post. 10. ADDITIONAL REQUIREMENTS — Operator will be responsible for ensuring that, that any additional Health, Police, Fire, Planning & Building for meeting additional requirements for large-scale events, such as proper identification of food carts, provision of metal sinks, stage, generator, sound system specifics, any fencing or additional security, appropriate fire suppression system, and complete compliance with Permit Inspection procedures. FA VI. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m. WEDNESDAY, JANUARY 15, 2003. The undersigned Offeror agrees to provide carnival services at City -owned parks in accordance with the specifications. I/We have stated herein the services and contributions which Uwe will furnish and deliver as specified. Award shall be based upon several factors, but not limited to, the written proposal, event evaluation, references, and services offered. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any which carnival operator is contracted are violated. Rou Hasse++ "D '�--vI4eOrAinpovi NAMt OF OFFEROR (PERSON, FIRM, CORP.) 34a3 Oran% Avevlue ADDRESS TOa- 415-P5-► 55 TELEPHONE NUMBER the event that terms under OF AUTHORIZED REP. NAME & TITLE (please print) u. 22 p DAT ��2�> ycis - 50.b\ FACSIMILE NUMBER f3 EXHIBIT B Additional Requirements FUNCTIONS AND RESPONSIBILITIES A. Executive Director: (1) The Executive Director shall may accept or /reject the carnival company proposed by the promoter, any or all components of the proposed carnivals. (2) The Executive Director, or his authorized representative shall decide all questions which may arise regarding performance and completion of this agreement, interpretation of the specifications, and compensation. B. Operator (1) The Operator, or his designee, shall be on site during all operating hours and provide a mobile cell telephone number. (2) The Operator shall meet with City staff at event location for a pre and post walk through of venue to determine if the Operator has restored the park to its original condition. The Operator agrees to bear all costs of restoring the park to its pre -event condition. 2. FAILURE TO PERFORM SATISFACTORY It is agreed and understood that the Operator will be charged for any additional costs incurred due to any of the following, but not limited to these examples: A. Extending operational hours of the event. B. Extending the boundaries of the event beyond the City approved plot plan. C. Arriving early or departing late. D. Failure to pick up trash. E. Failure to service restrooms on a continual basis. F. Failure to comply with communications required with neighborhood associations and businesses as specified herein. G. Failure to comply with provisions required by the Parks, Recreation and Community Services Agency, Santa Ana Fire Department, the Orange County Health Department and Santa Ana Police Department. H. Operator employee parking in unauthorized locations. I. Damage to park property including trees, roads, turf etc. Damages. It is agreed and understood that damages under this agreement are difficult to determine should the Operator fail to perform, or in the event of non-performance, Operator will be assessed: Five Hundred Dollars ($500) per day, subtracted from the event deposit. Should the total amount exceed the $5,000 deposit an invoice will be sent to the Operator for the difference. The Operator agrees to pay any outstanding balance owed the City prior to any future carnivals. The Operator further agrees that should any balance owed the City not be paid prior to the next scheduled carnival the Executive Director may elect to cancel or postpone the event until the balance owed the City is paid in full. 3. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Operator shall be responsible for the protection of all improvements adjacent to the carnival, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Operator's expense. 4. SUBMITTALS The Operator must submit to the City of Santa Ana Parks, Recreation and Community Services Agency a minimum of ten (10) working days prior to the carnivals start date, a cashier's check or money order made payable to the City of Santa Ana for the total cost of the event including but not limited to: A. Required Fee B. Deposit: Five Thousand Dollars ($5000) C. General Liability Insurance as specified. D. Permits, including all fees for Police, Fire, Public Works and other agencies as specified in this agreement, the RFP and all exhibits. E. Operational Cost: is an estimated cost of providing services for this event by any City Agencies as well as any private vendors including soft security. Following the carnival should the actual City costs be less than the estimate the City shall reimburse the Operator the balance owed for the deposit. However, should the actual City costs exceed the estimate the Operator will be invoiced for the balance owed the City. The Operator agrees to pay any balanced owed the City prior to the next scheduled carnival. 5. APPRENTICESHIP STANDARDS Where required under law, the prime Operator on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 6. PAYROLL RECORDS The Operator agrees to keep an accurate payroll, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and each week, and the actual per diem wages paid each worker employed by him or his/her Carnival Company/Event Company. The payroll shall be made available to the employee or his authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards. Pursuant to Labor Code S 1778.8, the Operator agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with applicable collective bargaining agreements filed with the Department of Industrial Relations. EXHIBIT C 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 from 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 of liability. 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 10 2004 3:05PM ALLIED SPECIALTY TEXAS 2103412050 p.2 ®CORD- CERTIFICATE OF LIABILITY INSURANCE p3/10� %0 mowAllied Specialty of Texas THIS CERTIFICATE 1313SUED AS A MATTER OF INFORMATION 85 N.E. Loop 410 Suite 600 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLI�= BELOW, San Antonio, TX 78216 800/235-8774 INSURERS AFFORDING COVERAGE NAICB ws o O Entertainment, Inc. 539 E Bixby Road #59 Long Beach CA 90807�� ^ 44 6 3 — ,NSURERA T.H.E. Insurance Company LBURER& INSURERC INSURER O INSURER E: 14 UU THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR POLICYNUMBER PIXICY EFFECTNE �PoLICYEIfPS =N A pFMRAL X WwuTY COMMERCIALGENERALLIABILITY I M3MT8210 05/15/03 05/15/04 EncH DCCURRENCE S1,000,000 °`L'A°ETORENTED S 50,000 CLAIMS MADE X OCCUR MED IXP (Mv one PMw11 S PERSONAL A AM INJURY 8 110001000 GENERAL AGGREGATE 5 10,000,000 1 _ PR00tXiB-COMPgP AGG 1,000, 000 GEWAGGREGATELIMRAPPUESPER: __. PRo- Lac ALIT MILE MwL ANYAUTO M3MT8210 05/15/03i 05/15/04 COMRNEDSINGLEUMR (Ea each Q E 1,000, 000 _ X BODILY INJURY R'er PERP 1 $ ALL OVINED AUTOS SCHEWLEDAIfT05 BODILY INJURY (Par ecmerrt) g HIREDAUTOS NONJDWNED ALROS PROPERTY (Pera[uCBeli) S QARAGE W0R AUTOONLY-EAACCIDENT S HAIJ EAACC AUTO ON AUTO ONLY: �G _ 5 ANYAUTO _— - "CEBSNMBRELLALIAWJTY 'OCCUR C MS MADE n EACH OCCURRENCE $ _ S — DEDUCTIBLE___--- -AGGREGATE S RETENT" S ✓ MMRNOIH Cp ENMWW MDOTH- - E L EACH ACCIDENT .--_--.. L EMPWYERS'LVIBWTY ANY PROPRIETOR?ARMER£%ECUTNE O ERMEMBER EXCLUDEW 5Y !ALGIEsueoer ELDISE E-EA EMXOYEE i E.L.DISEASE-POLICYUMR S—. OMER i pE8CW1pN OF OPEMTIDNH/LOGTIONH I VEHMAE8I IXCLUBIDNB ADDED HY FNOOITBENENTI SPECNU. PROVISIONS ADDITIONAL INSURED: CITY OF SANTA ANA PARKS, RECREATION & COMMUNITY SERVICES AGENCY AND THE CITY OF SANTA ANA LOCATION: CAMPRESINO PARK FOR THE DATES: MARCH 30-APRIL 6, 2004 PARKS,RECREATION & COMMUNITY SERVICES AGENCY 888 W SANTA ANA BLVD, 2ND FLOOR SANTA ANA CA 92702 ACORD 29120011091 MOULD ANY M ME ABpVE DESCHI POLICIES DE CANCELLED BEFOI>E THE EZRMMM GTE MEREOF. THE 188UING IMURER30 GYSWR m NOTN:E M THE CO MWATE MOLDER NAMED M ME LEFT. ALL rnu:P;�TryT. M IGRR 1' —I— 10. 2004 3:07PM RELIED SPECIALTY TEXAS 2103412050 p.4 ADDITIONAL INSURED ENDORSEMENT Insurance Company T.H.E. Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # M3MT8210 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; Its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from 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 of liability. 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 canceled, 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.) Policy; Issued this endorsement form as a part of Named Insured Countersigned by ��� t_S? e./l Authorized R resentative r a/�