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HomeMy WebLinkAboutFIESTA DE CARNIVAL 2cexj� AGREEMENT TERMINATION 2014 hM 21 M W- 08 Please complete this form when the attached agreement is no longer in effect. &ITY OF SANTO ANIA Return form to the Deputy Clerk of the Council M-30 . Call � ° . p y ( ) �y��e {any questions. The agreement No. /V-" 7-662% was completed on i �t�. l VC, K and final payment has been made. Department: ? V9 -c% Signature: - Orsi a Date: 3faD1 i L City of Santa Ana Revised 08-28-06 Clerk of the Council WO RMAY PROs:ft-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVAL,a Al a_u rnn�w EXPIRES a i1 -08 N-2007-057 CLERKOFCOUNCIL DRE: 6-•y-07 aKCS NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS Npin'PY'`N� THIS AGREEMENT, made and entered into this 0 day of nr't , 2007 by International Promotions, Inc., dba Fiesta de Carnival (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 On November 1, 2004, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services as specified in the Request For Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this 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 set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Cesar Chavez/Campesino Park, located at 3311 W. 5`h St., Santa Ana; Jerome Park, located at 2115 W. McFadden Ave., Santa Ana; and Madison Park, located at 1528 S. Standard, Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals ("Carnival Event") and for no other purpose. Operator shall provide one (1) Carnival Event at Jerome Park, one (1) Carnival Event at Cesar Chavez/Campesino Park and two (2) Carnival Events at Madison Park during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. _ `-,-, - --f-4 ;„ rhe City and aerees (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP 04- 129-PRCSA, issue date November 1, 2004, (hereinafter "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terns, conditions and responsibilities enumerated in the Request For Proposal, RFP 04-129-PRCSA shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. ipar�l Ynls�ni i1i�sl�s ' - �'ee . m Jerome Park $7,000.00 April 20, 21, 22, 2007 $4,000.00 Campesino Park May 11, 12, 13, 2007 $7,000.00 Madison Park May 25, 26, 27 and 28, 2007 Madison Park I $7,000.00 August 31, Sept. 1, 2, and 3, 2007 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. A late charge of 10% shall be applied to the fee amount after any payment is due but unpaid. In addition, an interest charge of one and one-half percent (1 1/2%) per month will be added to for each month that any fee or portion thereof remains due and unpaid. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. 5. TERM This Agreement shall commence on the date first written above and terminate on January 31, 2008 unless terminated earlier in accordance with this Agreement. The tern of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON -POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event 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 the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event 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 $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, 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 $2,000,000.00 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 .. —, <,,,,tnveea is reouired to be insured 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 $1,000,000.00 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 $1,000,000.00 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, ,lust compensation, —f-. PffP,t, aricinP from this 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 Agreement 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. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTIL.ITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 A4 of the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre -determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. 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. 25. 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, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92 702-1 988 Telefacsimile (714) 647-6956 With courtesy copies to: 3 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: International Promotions, Inc. dba Fiesta de Carnival Attn: Ted Holcoms 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 Telephone (562) 799-7737 Telefacsimile (562) 799-1443 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 " __ ...4., r___ __ ..vaeLPnAc fBABial addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services 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. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. 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 terms of this Agreement and any attachments hereto, including the RFP, 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. 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 parties, which are not embodied herein. 29. 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. 30. NON-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 to applicable law, in the recruitment, selection, training, utilization, promotion, termination or ower 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. 31. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. 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. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive. 35. 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 ll 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. CITY OF SANTA ANA DAVID N. REW- City Manager ATTEST: 1 ATRICIA E. HEALY Clerk of the Council OPERATOR: International Promotions, Inc., dba Fiesta de Carnival By (Print Name) ✓ A�«., (Title) Tax I.D. 4 17-1468529 RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Directorf the Parks Recreation a d Community Services Agency APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney City Attorney 12 MONTA VISTA AVENUE AP, pw ww V-9 ON !IN PARANG -AREA AVENUE W 6 z-kii, 99! 411? QW& 6-4 31i zr sC. O AP, pw ww V-9 ON !IN PARANG -AREA AVENUE W 6 z-kii, 99! 411? QW& 6-4 31i zr — ow � �.r. T,Uwj EXHIBIT "B" REQUEST FOR PROPOSALS RFP 04-129-PRCSA FOR A CARNIVAL VENDOR TO PROVIDE CARNIVALS AT CITY OWNED PARKS KEY RFP DATES: Issue Date: November 1, 2004 Pre lwoposal Conference: November 12, 2004 Proposal Dae Date: November 24, 2004 Project Coordinator: Lorraine Lazarine-McCarty Commmtity Affairs Manager iccvur,ai r4jnravr"01% . REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received for EIGHT (8) CARNIVALS TO BE PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the parks, Recreation and Community Services Agency, Budget and Accounting Section, 888 W. Santa Ana Blvd 2nd Floor, Santa Ana, California, until 5:00 P.M, WEDNESDAY, NOVEMBER 24, 2004. If further information is needed, contact Robert Carroll, via email at rcarroll&i.santa-ana ca us, or phone at (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Paris, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W. Santa Ana Blvd. 2°d Floor Santa Ana, CA 92701 Attn: Robert Carroll It is the re4mmsibility of the proposer to see that any proposal sued shag have aafficient time tai be received by the Budget and Ac©oamtnrg Section prior to proposal due date and time. Late propssab wM be reh rned to the vendor unepened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 1. vavi�a:.av'v� I. GENERAL. PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO.04-129-PRCSA, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by. the Budget and Accounting Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the maul. Late proposals will be returned to the vendor unopened. a Vendor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Section V. Proposal should take into consideration the evaluation criteria inchrded in Section IV and should not to exceed 10 pages. • Signed proper form (Seefion VI); • A letter or printout of vendor's safety related incidents from insurance company, cumut or previa spanning the past three (3) years (Section VII); • Complexed vendor's references sheet (Section VII); P r • A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; • A representative sample of photos of vendor's past events and/or vendor's equipment; • A list of ride equipment owned, used and/or operated in vendors events, with description and age of all rides; • Completed Proposal Summary and Deviations from Specifications (Section VIII) P• /Q . • Any other information the vendor may chose to submit. • Attachments A, B, and C are for relaenee only, but will required atter the contract is Vendor mast submit one original and eight photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal Successful vendor(s) will be required to enter into a License Agreement with the City of Santa 6. LICENSE AGREEMENT Successful vendor(s) will be required to enter into a License Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said license Agreement with any, all, or none of the vendors for a one-year period, with the option of extending the License Agreement for two additional one-year terms. 7. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. S. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all proposals for taxable goods submitted by suppliers located within the City limits of Santa Ana. Ga The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE ATM LAWS All proposals shall fly with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards far regulations, and that vendor will indminify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL VENDOR . The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendors) with whom the City eaters into contract as a result of this request for proposal. 12. INOURUES Refer inquiries in writing via email to Robert Carroll, rcarroll(a %santa ana.ca us. 13. AWARD OF BASE PROPOSAL OR ALTERNATE PROPOSAL The City of Santa Ana reserves the right to award either the Base Proposal or any Ahemate Proposals offered, whichever is in the best interest of the City. 14. The City reserves the right to contract with any. all, or none of the carnival vendors who submit base proposals and/or afternate proposals. 15. - E-MAIL COMMUNICATIONS To facilitate the RFP process, vendors are required to monitor and respond toe mail requests on a daily basis. 4 rna DbllThnQ AT d AVMIDTWOP 16. PRE -PROPOSAL CONFERENCE A pre -proposal conference will be held on Friday, November 12 at 1:30 p.m. in the 2"a Floor Large Conference Room of Santa Ana Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd, Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571-4218, by Wednesday, November 10, 2004. All proposers are strongly encouraged to attend H. SCOPE The City of Santa Ana is requesting proposals from carnival vendor(s) to conduct eight (8) carnivals on City -owned park property during the period of March through September 2005 as specified m the table below A map of each party with the general event area highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre -event meeting. U Park Site Event Area at Event Parking Maximum Siae(Seale of Event Park for Public 1 Cesar Chavez) Between `"rot Lot" Parking lot Up to 14 carnival rides, 12 game booths, 8 food Campesino and 5th St. with street and information booths. No five entertainment March 11-13 overflow 2 Delhi Park Northeast corner Parting lot Up to 15 carnival rides, 12 game booths, 8 food March 18-20 of park and information booths. No live entertaimmkent 3 Jerome Park Picnic area Parking lots Up to 16 carnival rides, 12 game booths 8 food April 1-3 and in8omnation booths. No live eft 4 Cesar Chavez/ Between —rot Lot" Parking lot Up to 14 carnival rides, 12 game booths, 8 food Campno and 5th St. with street and information booths. No live entertainment May 13-15 overflow 5 Madison Park Ball diamond and Parking lot to 12'cAval rides, 12 game booths, 8 food May27-30 T -ball diamond area and' 'on booths. No live entertainment 6 Jerome Park Picnic area Parking lots Up to 16 carnival rides, 12 game booths, 8 food July 1-4 and infomration booths. No live went 7 El Salvador Grass area off of Parking lot Up to 15 carnival rides, 12 game booths, 8 food August 19-21 Civ. Ctr. and and information booths. No live eutedaimnent around ball field 8 Madison Park Ball diamond and Padding lot ITp to 12 rides, 12 game booth;, 8 food , September 2-5 T -ball diamond area and infcCmation booths. No live entertainment U III. EVALUATION OF PROPOSALS Vendors will be evaluated based on their ability to conduct successful events is both the small carnival and large carnival categories. For the purposes of this RFP, carnivals conducted at Delhi, Cesar Chavez/Campesmo and El Salvador packs are considered small carnivals_ Carnivals conducted at Jerome and Madison parks are considered large carnivals. An evaluation committee will recommend the most qualified vendors for each the small and targe carnival event categories. A committee of City staff representing various departments will evaluate all proposals based on the following criteria- Eguipment Equ Capability, and Functionality of20'/. of equipment to be used. 1. FgniIrment and related safety specifications 2_ Training and safety precautions taken to ensure that attractions and/or staff pose no danger to event participants or the general public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications_ Level of Service and Support 20% I. Responsiveness and thoroughness of proposal. 2_ Ability to accommodate proposed carnival dates and locations. eri a Firm and Personnel 20% 1. All ival persouu lL iz�lnding operators, proposed to work at carnivals and the qualifications those individuals. 2_ Experience and technical experbse of pe=somtel, including operators, with implementing carnivals and special events in other cities. Past Performances 40% 1- Past record of performance on contracts with other cities, governmental agencies or public bodies, mchiding such factors as reliability, park damage prevention and compliance with contract terms and conditions. 2_ The vendor's capacity to perform the work within time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's record of carnival related incidents from vendor's insurance company. FOLLOW-UP OF EVALUATION PROCESS BY VffidDOR Vendors may follow up on the evahwAmn of the proposals by contacting Robert Carroll, via email at rcamnlleci ssxIt&-ana.ca_us or by phone at (714) 57I-4218. REVIEW 1VALUATION RF_ LILTS AND AWARD After award, the evaluations will become public record Interested vendors may submit a request in writing along with a self-addressed stamped envelope to receive results of the evaluation_ Submit yon request to 13uudget and Accounting Section M-23, Parks, Recreation and Community Services Agency, 888-W- Santa Aria Blvd 2"d Floor, Santa Ana, CA 92701- V. SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 10 pages. Vendor must also return all requested documents with their proposal as specified in Item L4. of this document. Applicants are asked to use 12 point Times New Roman font. A. VENDOR'S RESPONSIBILITIES L PROOF OF INSURANCE — Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before 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, vendor must provide a $5,000 refimdable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event Any remaining monies from the deposit will be refunded to vendor at the conclusion of each carnival. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducCM another event The vendor agrees that faihue to pay the eleannp/damage deposit and/or any other outstardmg balances a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if these is an unpaid balance due. 3. CLEANUP DURING AND AFTER THE EVENT — The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the fast vendor employee arrives at the park site for set up until the last vendor employee leaves the park. "Continuous" shall mean, for the purpose of this agreement, to ded"& employees whose priority is to the tasks listed above. Fmthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense. Failure to provide continuous clean-up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor fails to perform this responsibility. 4. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Item V.A.3. of this document, the City will arrange for the parking lots and major streets surrounding the park to be swept on the pay a $500 penalty for failure to perform this responsibility. day following the last day of the event at vendor's expense. Furthermore, the vendor agrees to pay a $500 penalty for failure to perform this responsibility. 5. DUMPSTERS — Vendor is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Vendor must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, location of rides, booths, restrooms, and electrical equipment. This plot plan is requa-ed by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Paths, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For fiuther 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. Vendor agrees to pay a $500 penalty per day for each day We in providing the plot plan. 7. CARNIVAL LICENSE FEE— Vendor under and agrees to pay the required carnival license fee for each event. Checks shall be made payable to nbe City of Santa Ane". The license fee is $4,000 for carnivals conducted at El Satrador, Delhi, and Campesmo/Cesar Chavez pa&% and $7,000 for carnivals conducted at Jerome and Madison parks. 8_ FIRE AND ELECTRICAL INSPECTION Ten (10) business days prior to the event, the vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical iuspoction of all generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. If there will be five (5) or more cooking booths at the event, vendor must arrange for fire watch service with the Fire Department by calling (714) 647-5700. The fire watch will be provided at the vendor's expense and must be paid a minimum of five (5) business days prior to the event. The required number of standby inspectors per event will be determined during the plan check (See Nein V.A.6.). Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor agrees to pay a $500 penalty per day for each day Lite paying fire watch fees. Vendor must provide all event electricity Hookups to park electrical outlets will not be permitted Vendor agrees to pay a $500 penalty per day for each violation. r too. rr.:->r rrrr - / - IM M :r r ft -La, r - ar - . r r r r u n r r 1 - 8 Alowed to overate for the duration of the event during event hours only. To obtain food Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange County Health Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Heath Department. : Parks and Recreation 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. Vendor agrees to pay a $500 penalty per day for each violation. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) — Carnival promoter is responsible for supplying the Business License Office with a list of pre -approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending daring the event, or carnival 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. Vendor agrees to pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non profit arganimbons (selling or information only), which 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 Anna Business License can obtain a Ona -Day Peddleo Sabcdor license. Non Profit motions are =gWred to obtain a Fee-Exeanpt 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 Tag Office is located at 20 Civic Centex Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their option's support for the planned activity at the park during the scheduled times and dates6 a minimmn of ten (10) business days before the event The Community Develop Agency will provide contact information to the vendor for a par iculm neighborhood upon request Vendor 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 a minimum of ten (10) business days before the event The Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a $500 penalty for each violation ofthis section. 12 CONTACT wrm NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each canuval event, vendors must post a sign or send flyers to the neighborhood surrounding the park 9 Vendor agrees to pay a $500 penalty for each violation of this section. informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a $500 penalty for each violation of this section. 13. CONTACT WITH BUSINESS ORGANIZATIONS - Vendor must send a tetter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a $500 penalty for each violation of this section. 14. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor 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. 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. All security officers must carry two-way radio egtupment to enable them to communicate with all other security personnel. All security personnel must wear lughly visible attire (security vest, jacket) identifying them as security officers. None of the security company pcmmn l may be amid. A copy of the signed agreement with the security company must be provided a minimum of tett (10) business days prior to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. Furore, if it is discovered that the security deployment is less than the City's mandated levd of security the City may elect to dispat* at the vendor's expense SAPD andfor Park Ranger's to bring the security levels up to the agreed upon level 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. Vendor agrees to pay a $500 penalty for failure to perform this responsibility. 1 POLICE i E' tD ' I' tib The security I beused by the vendor mustbe pro -approved 1 hSantaAna Police i ila 111 it Vendormustprovide 1.- IP' Police Deparlment with ❑ - names n Ithecontactpersonsrepresenting 11'carruvaln corLbactedsecuritycompany leastone - 1 those security : u companycontacts musthave access to a cell phoneto be used 11 cue theSantaAna Police ] it J 111 1 needs 1 be called 1 assistance. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation Vendor will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at vendors' expense. 10 assistance is required, vendor will pay those additional expenses. 17. ADDITIONAL POLICFJFTRFIPARK PERSONNEL — Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 18. PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park before and after the event. The pre -inspection and post -inspection meetings will determine the condition of the sites before and after the event. A pre -inspection meeting must occur on the Wednesday prior to the carnival event Vendor must bring the proposed plot plan to this meeting. Vendor shall not 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 fixture events. A post -inspection meeting sball be completed on the day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. The vendor understands and agrees that the : Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor perfom ung the walk through of the park site without the vendor and all conditions recorded by the Pads Supervisor shall be deemed as accurate and final. 19_ PROTECTION OF FIELD AND TURF — Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the Parc turf or irrigation systema (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a -metal disk", or whatever eflbrts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance 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 may result in the suspension and or voiding of contract with carnival promoter. 20. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the l=k Prior to the oomPletion of the Ire -event rospectioa melting and/or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later Han 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later Han the above stated times_ 21. CARNIVAL HOURS — The 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 9:00 p.m. on Sunday. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 11 with one of those toilets designed specifically for disabled persons. The toilets shall be placed 22. PORTABLE RESTROOMS — Vendor shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than 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 set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARFITES - Vendor 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. Vendor agrees to pay a $500 penalty per day for each violation of this section. 24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES — Vendor 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. Vendor also understands and agrees that any gambling games or games of chance shall be subject td 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. SIZE OF CARNIVAL RIDES — Only small and medium size carnival rides will be allowed at City carnivals. At the proTroposal conference, the City will provide a list of the types of rides that will be allowed at City carnivals. Vendors must bring a list and photos of their proposed rides to the pre -event meetings. The carnival ride list must be pro -approved by the Park Superintendent. 26. EVENT STAFF PARIQNG — Vendor understands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All privately owned vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, dining and after carnival operation hours. The Park Superintendent will identify authorized padong areas at the pre -event meetimg. The Vendor is permitted one vehicle within the paik site for security personnel only. Vendor agrees to pay a $500 penalty per day for each unauthorized vehicle. 27. DELIVERIES OF SUPPLIES TO VENDORS — The Vendor shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be earned via hand trucks or small Dihatsu or Cushman type vehicles to the booth sites. No tracks 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. 12 Vendor shall Drovide Dersonnel to assist in placing and collecting the traffic barricades and 28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event Failure by the vendor to place and/or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at the vendor's expense. 29. RENTAL OF TRAFFIC CONTROL EQUIPMENT — Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 30. PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated on the approved plot plan. Vendor personnel who fail to park vehicles in pro -approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 31. EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post signs in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Vendor agrees to pay a $500 penalty for each violation of this section. aiw• 1 • I C•' ••• 1 1 1 oil 1 1 1 I' w 1 1 1 441 I I1 : 1 .I I ll 1' 1 1 :� •JI 7,M671 1Iwo' VIVI 41 1 el1 11.- 11 Coil • 1 :1 1 ..1 ri. 11 1 I1�' JI 1 I _y ..11 1 I I 11 1 L4 1 1.414 .1 I+.I Ir11.�16 1111 1.1 SII' 11 11.- .wa.21�1 .I :% II rLII 1 IL' PI 11 I bl 1 1 Y 1 1 "!. w 11 rl 1 Ail :x111 33_ POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department offices will be required during event hours to enhance the; security of the event. The mmnber of offers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre. event meeting described in Item V.A.18. The Police Department will arrange the necessary police staffing for the event. The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of4 horns of over -time costs. 13 Vi. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m WEDNESDAY, NOVEMBER 24, 2004. The undersigned Vendor agrees to provide carnival services at City -owned parks in accordance with the specifications. UWe have stated herein the services and fees that Vwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section a Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any license agreement in the event that terms under which carnival vendor is contracted are violated. Name of Vendor (Persoujirm, Corp.) Telephone Number 14 Signature of Authorized Rep. Name and Title (Please Print) 0 Fax Number This sheet must be completed in fall and returned with vendor's proposal. VII. VENDOR'S REFERENCES This sheet must be completed in fall and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide carnival service in accordance with the specifications in Section V. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's carnival operations. Customer Name: I :n Contract Amount: Reference No. 1 Contact Individual: Phone Number: Year- Description ear Description of equipment and services provided: tI d! 1/11.! \ IL' x,11 IY•. i Ii,1 iry Year. Description of equipment and services provided: , u w Contract Amount: Phone Number: Year: 15 VIII. Proposal Summary and Deviations from Specifications Please check the first column for each event that you are available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. If necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submitted Intent to Park Site Proposed Other Deviations from Specifications Provide Carnival Please cite item number and summarize how Operator specification deviates Cesar Chavez/ Campesino March 11-13 Delhi Park March 18-20,2005 Jerome Park April 1-3, 2005 Cesar Chavez/ Campo May 13-15,2005 Madison Park May 27-30, 2005 Jerome Park July 1-4, 2005 El Salvador August 19-21,2005 Madison Park September 2-5, 2005 16 CERTIFICATION OF NON-DISCRIMMATION BY CONSULTANTS ATTACHMENT "A" CERTIFICATION OF NON-DISCRIRIINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment, and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE 1.17MV V Please include any additional information available regarding equal opporhmity employment programs now in effect within your company. 17 A11.L1l.allV1 Al. y SAMPLE ADDITIONAL INSURED ENDORSEMENT ATTACHMENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives ate 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 game 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 buy's limits of liability The inclusion of any person or organization as an insured shall not affect any right which such person or organization world have as a claimant ifnot so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or m4ana liy 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 eft effective.) Effective . the endorsement form as part of Policy # Name lnsuried Countersigned by 18 FXtr o uw1aw"W SAMPLE LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THIS LICENSE AGREEMENP ("Agreement") is made and entered into this day of , 2004, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the constitution and laws of the State of California, herein referred to as "Licensor", and -, herein referied to as "Licensee". RECITALS: A. The City of Santa Ana desires to provide "Carnivals" in various Santa Ana parks, and desires to contract for such services with Licensee. B. Licensee represents that it is qualified to provide such services to City. In undertaking the performance of this Agreement, Licensee represents that it is knowledgeable in its field and that any service performed under this Agreement will be performed in compliance with all City, County, and State and Federal laws, regulations and licenses requirements. NOW THEREFORE, f t1us 1 r .:1 f 1 of the req)ectirve .n mutualcovenants and 1 1111. 1 i Iv, 1 v I r ♦1 Jt.f -(T94"t .. .- .II 1 .1 ! M 1 11 .11 1 kV-4lfif I in Li. LI 16 1 .I 1 n i.� Y.1 .a'J WOM1 WOMr ARTICLE I —TERM OF LICENSE Section 1.01 License Area and Use (a) Licensor owns the real property described in Exhibit "A" attached hereto and made a part hereof (the "Propeatlt'), commonly know as located at Santa Ana, California Licensor giants to Licensee the privilege of a petsor al, rroa errclnsive, revocable license rucense) to encroach upon the License Area, as herein described and shown in general in Exhibit "B", attached hereto and incorporated herein by reference, for the purpose of providing a carnival and for no other purpose. (b) The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Property in its entirety for public purposes to which it presently is and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use the License Area and to exercise this License at all times in such manner as will not unreasonably interfere with the fill use and enjoyment of the Property by Licensor_ 19 L UV'LNrV 11U'UUy M;ML VWLCUF,1+cl U M. UUU W aur. a •vFw-J ... ..... ..... naysr to neenil nr rP_Slcf the same. and further agrees that Licensee's Use and occupancy (c) Licensee hereby acirnowledges that title to the Property is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of License Area shall be referable solely to the permission herein given. (d) As a covenant to this Agreement, Licensee shall adhere to and comply with all responsibilities enumerated in RFT attached hereto and incorporated herein. Section 1.02 Term (a) The term of the Agreement for the License Area ("rem') shall be for ONE (l) year(s) commencing on ("Commencement Date'). (optional) At the Licensoes sole discretion, Licensee may be granted extension of this Agreement, for TWO (2) additional terms ("Renewal Term") of ONE (1) year each. Each Renewal Term shall be on the same teams and conditions set forth herein. The Term of the Agreement shall not automatically be extended for each successive Renewal Term. This Agreement shall be irrevocable during its stated term, except as otherwise specifically set forth in this Agreement. (b) The Licensee or Licensor must inform each other, in writing, of its interest not to extend the term of the Agreement. Licensor may terminate this Agreement, at will, upon fifteen days (15) written notice if there is a violation of any of the terms contained herein. Section 1.03 Compensation/Consideration made up of 31 `1 1W .. 11:. ("Compensation") for use of the License Area Said amount is as license fee with an additional S fee. Compensation will be due upon A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid In addition, one and a half percent (2 %2%.) interest per month shall be added for each month that payment hereunder is due but unpaid. Section 1.O4 Security Deposit Y3,1"> ,I, 1.311 additional sun of as a seciuity� 71he deposit shall be held by LicensDr, 111 1 liabildy for 1 - - 11 , 11 faithful , 31 1'1,1✓II Y" 1Licensee1all die:t11 Yi Y1 .11 B .+1.1 YI 1.11 ! 1 1 1 11 L iill.- I 1 1 31 .il.t 1 > '1 ,1 .1 t 31 i 1 1 • II :111 1 11 Ygll. i. l+ 1 .11 wl\Y 11 I'. �' F! .I11 1 �U111 11. i+ll l 1 EIrI'3 1 i. , 11 1 :• Plf a i l SLY i. 1 Illi i1 11 1 3111 IJ conditions 1 111 L rill 31 I 1 L311� 1 1 11 - W .. - _r A.- T;.. A, n ad T.ir neP will not acquire anv interest Section 1.05 Non -Possessory Interest Licensor retains full possession of the License Area and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. Section 1.06 Non -Recording Neither party shall record this Agreement. ARTICLE 2 — TAXES AND UTILITIES Section 2.01 Taxes Licensor is responsible for all taxes on the Property, which includes the License Area. Section 2.02 Utilities Licensor shaft pay for all electricity, gas, water sewer and janitorial services furnished to the License Area for the use, operation and maintenance of Licensee's Facilities during the Tenn of this Agreement, or any extension thereof; and for the removal of garbage and rubbish from the Jade Area during the Team of the Agreement, or any extension thereof ARTICLE 3—11"ROVEAMM AND ACCESS• Section 3.01 Licensee's Facilities (a) Licensee shall hold title only to Licensee's Facilities and any equipment placed on the License Area by Licensee. All of Licensee's Facilities shall remain the property of Licensee and are not futures. Licensee has the right to remove all of Licensee's Facilities at its sole cost and expense on or before the expiration or temnination of this Agreement; provided that such removal shall be done in a professional and cwcfnt manner, without interference or damage to any other equipment, structuress or op moons on the License Area or the Property, including the use of the license Area or Property by Licensor or any of Licensor's licensees, assignees or lesseeslicensee shall repair any damage to the license Area caused by such removal and will leave the L icenwArea in satisfactory condition as approved in writing by Licensor. Licensee shall be required to remove all its Facilities upon expirationhermination of the License, and if Licensee fails to do so within thirty (30) days, Licensor may elect to do so at Licensee's sole cost and expense, or elect to not remove such Facilities, in which case, such Facilities shall become the property of Licensor: at licensor's option. Any personal property, equipment or other improved that are not removed within said thirty -day period shall become the property of Licensor, at l icensor's option. Licensee's obligation to 21 Licensee must remove, are removed to Licensor's approval. pay compensation to Licensor shall not cease, unless and until the Facilities that Licensee must remove, are removed to Licensor's approval. (b) Each party shall provide access to the License Area to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven ('n days a week. Except in the case of emergencies, Licensor shall give Licensee twenty-four (24) hours notice prior to entry into the License Area. Licensor represents and warrants that it has full rights of ingress and egress to and from the License Area, and hereby grants such rights to Licensee to the extent required to maintain, and operate Licensee's Facilities within the License Area. Licensee's exercise of such rights shall not cause undue inconvenience to Licensor. (c) Licensee shall, at its sole cost and expense, maintain and repair the License Area and Licensee's Facilities including, but not limited to, the removal of all trash, debris, graffiti, as well as any special intensive cleaning_ If Licensee causes any damage to the Property, to the License Area or to access roadways or other nearby facilities, It shall properly repair same as specified by Licensor. (d) Upon the expiration or termination of this Agreement, licensor shall approve in writing the surrender of the License Area by Licensee only after being satisfied that License Area has been left in good and clean condition, less ordinary wear and tear. Section 3.02 Liens M \ 11 111 it 1 111.: i•: 1 K+`1'1 \ .4 1' 1 r t1�1. i Yl." I 1 i L. `1 1 Illi 11 • 11.1'.: .Y:I4" ARTICLE 4 — MF2d NITY AND IMURANCE Section 4.01 Indemnification, Defense, Hold Harmless MAP CC 1.11 1 11.\ 11 111111 Y.:1 I I Y1�� .11.1 1 \ l 1.\ i O .11 1.111 .:1 V1{ • \ 1 1 Is YI I I:Y 1.1'1 II Hln"i 1 r 1 II I•':1 Y" \ 11 ' •J ewll i•11NOW 1 Y:il YI II1 II Y11111 1 \ 1 `y..l 1'In YI'1 11.:1 I] Ili- 'J >e11.:11 1 M:1 " ti 1 11 Yi _:116 1 illll 1 FI vl MI .1 or damage which wascaused 1 11:" sole negligenceor wMMmisconduct1Licensor.1theevent LicensorTame J. codefendant, YilshallnotifyYiI+Y 1such filet andshall represent YIn`1 u 1 •f. 1 11 nl >SC 1.141 Ilri : - 1 :1 :I li: 4 ri 1 - :1.1 1 1 'llri ." 1: 1 \ i u 1 1 - 21.. Ywl `i IY.' 1 F:I i. 1 � 1 1 •Ja11 1 Y1� 6 A.0 :'1 "- .11'1 1 1 u.-. 314"v 1 il.- •J: 1 1'.1-111 1i.1 i.�Ilt :Cti .ql 1 YI '•R i' I1." 1.' a 1 1- :In\ L 1111• .Ili Yl 6 1 1: 1 fl 1 I :1 \ :Intel •J:11111• .11 111 1 11 1 11WO" Yb•J11 • 1 1 11 ) i1C✓. 1 1 1 .+ 1 1 11 11 11 1 :1 I Y..1 - 1 it .I i ? 1 1.. 1' 1' 1 1 'Jl i. .l n 1' 4"11 vxnth respect to its representation in any legal proceeding. of the terms of, or effects arising from this Agreement. Licensor may make all reasonable decisions with respect to its representation in any legal proceeding. Section 4.02 Insurance In addition to the Licensee's covenant to indemnify and hold harmless Licensor, Licensee shall obtain and famish to Licensor, a policy: of general public liability insurance, commercial general liability insurance including motor vehicle coverage covering the License Area and Licensee's Facilities. The policy shall indemnify Licensee and Licensor, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the License Area and Licensee's Facilities, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $2,000,000 per occurrence. The City also requires an Additional Jnsired Endorsement, as attached and incorporated herein as Exhibit C. The policy shall name Licensor, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically providd that any insurance coverage which may be applicable to the License Area and Licensee's Facilities shall be deemed excess coverage and that Licensee's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. Licensee is required to give the Licensor no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Licensee to firnish insurance during the term of this Agreement. Section 4.03 Property Insurance Licensee shall provide to Licensor, before entering the Lice Area, and shall maintain in force dming the entire team of this Agreement, property m mawe*A extended coverage endorsements thtreon, on the incense Area in an amount equal to the fall replacement cost andlor value thereof; this policy shall contain a replacement cost endorsement naming Licensee as the insured and shall not contain a co- insurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed, and if not so used, such proceeds shall be paid to Licensor. The proceeds of any such insurance payable to Licensor shall be used for rebuilding or repair as necessary to restore the License Area at the discretion of Licensor. The policy shall name Licensor as an Additional Insured. I. The insurer will not cancel or reduce the insured's coverage without thirty (30) days prior written notice to Licensor;, and 2. Licensor will not be responsible fig premiums or assessments on the policy. 23 ,gi.A with Licensor Drior to the execution of this Agreement. At least thirty (30) days prior to the A complete and signed certificate of insurance with all endorsements required by this Section shalt be filed with Licensor prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with Licensor. Section 4.04 Certificates of Insgrance; Additional Insured Endorsements Prior to execution of this Agreement, Licensee shall furnish to Licensor certificates of insurance and additional insured endorsements to each of Licensee's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of Licensor and shall state as follows: "The above detaa7d ciomrW is wet subject to ary deductible or self-ursu rd rdmomr, or any other form of sMQW type liwrigrtom Licensee shall maintain the foregoing insrnance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Licensor by Licensee under the Agreement. Licensor or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within fifteen (15) days of Licensor'; request. ARTICLE 5—TItRtIMATIONLAND DEFAULT Sectiou 5.01 Termination in the Event of Camoalty or Conden'ation (a) In the event of any damage, destruction or condemnation of the License Area, which renders the License Area unusable or inoperable in Lumnsor's judgment, Licensee shall have the right, but not the obligation, to terminate the Agreement with respect to the subject License Area by giving written notice to Licensor within thirty (30) days after suet damage, destruction or condemnation. If by virtue of such casualty or conation, Licensor determines that the License Area is no longer adequate for Licensee to continue its operations, or any repairs to the License Area have not been completed or cannot 24 condemnation. This License Agreement will become null and void. reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This License Agreement will become null and void. (b) In the event of condemnation, unless Licensee is allowed by the condemning authority to continue its operations in the License Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Licensee is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Licensor. Section 5.02 Termination (a) This Agreement may be terminated on thirty (30) days prior written notice as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice, or (2) by Licensee if Licensee is unable to occupy and utilize the License Area due to any action of thelaterstate Commerce Commission or the Department of Transportation. (b) Licensor shall have at its sole discretion the option of terminating this Agreement if Licensee loses its license to provide Bus transportation services for any reason, including, but not limited to, nonrenewal, cancellation, or expiration of As license. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waives, and exemptions. Said inability shall be cause for termination of ibis Agreement. ARTICLE 6 — ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Licensee may not assign this Agreement. This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right upon any third party. , Section &02 Abandonment by Licensee t11. ' .11.1 , 1 .;1 \J 1 11� Ywl \ 1 1 1 11 1 1. 1M. - a LW11 �1 IK�] 11 Continuethis License1! - I SY 1 1'\ terminating Licensees•JI 1 the LicenseArea, 1which een Licensor1- entitled to enforceofits pots .nremediesunder this 'J ee!fl -! including 11 91 1recovertheoompensation/consideration specified 1 e1 11 thisAgreementas it becomes 11 n w thisAgreement; 1 1 illl 1 !i L :w11�U .ill iYl 1 111 25 ------r—...-A .s+,� ,,,..,n;J rnmnemation which has been earned 1. The worth at the time of award of the unpaid compensation which has been earned or the sum of one (1) year's compensation, whichever is greater, at the time of termination of the Agreement; or 2. The worth at the time of award of the amount by which the unpaid compensation which would have been earned after termination of the Agreement until the time of award exceeds the amount of compensation loss that Licensee proves could have been reasonably avoided; or 3. The worth at the time of award of the amount by which the unpaid compensation for the balance of the term of this Agreement after the time of award; and, 4. Any other amount necessary to compensate Licensor for all detriment proximately caused by Licensee's failure to perform its obligations under this Agreement. Section 6.03 Default by Licensee Should Licensee default in the performance of any of the terms, conditions, or obligations contained in this Agreement, Licensor may, in addition to the remedies specified in Section 6.02 of this License, re- enter and regain possession of the license Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 6.04 Insolvency of Licensee The insolvency of Licensee as evidenced by a remover being appointed to take possession of all or substantially all of the property of Licensee, or the making of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain possession of the License Area. Section COS Cumulative Remedies The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 6.06 Waiver of Breach The waiver by Licensor of any breach by Licensee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Licensee either of the same or another provision of this Agreement. 26 ARTICLE 7 HAZARDOUS MATERIALS Section 7.01 Licensee represents and warrants that its use of the License Area herein will not generate any hazardous substance, and it will not store or dispose on the License Area nor transport to or over the License Area any hazardous substance. Licensee further agrees to clean-up and remediate any hazardous substance on the License Area and Property, and hold Licensor harmless from and indemnify Licensor against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Licensor, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. ARTICLE 8 — hUSCELLANEOUS Section &01 Force Majeare—UnavoWabie Dehys Should the performance of any act required by this Agreement to be performed by either licensor or Licensee be prevented or delayed by reason of an ad of God, strike, lockout, labor troubles, inability to secure materials, restictive govenvnental laws or regulations, or any other cause except financial inability not the fault of the party required to perfam the act, the time for perfoonance of the ad will be extended for a period equivalent to tbe period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by licensee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee, required to perform the act I - Section &02 Notice ' 1II 'J ii11T411 1 1 - Li VI 1 •\1'�`� N \ ll' ) J V\ 1, Lil 11" n 1V To Licensor, Clerk of the City Council City of Santa Ana 24 Civic Center Plaza (M-_ P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Parks Recreation and Community Services Agency P.O. Box I988 Santa Ana, CA 92702 Telefacsimile (714) 647-6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6515 Will f M Ll.%' LFII •il l Il 1 i i 11 � i 11'11 I1 .�f 1'1 1 l L11 F\ ?r .11,1 1 .q YII 1 i1 if 11.- 1'. . LJI wG1 �1 1 li.. ,11 i 1 1 Yr F1.1,: tFll .�1 r 1.' i I- r 11'F ✓1'IUII III i 11 "I� I f.. 28 ----A +,, baa p hon riven twenty £our (24) hours after the time set forth on the transmission report 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. Section 8.03 Contract Administrator The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's License Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. Section &04 Compliance with Laws Licensee shall at Licensee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Licensee's use and occupancy of the License Area and Licensee's Facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Licensor and Licensee and shall be considered grounds for termination of this Agreement by Lienor. Licemm will obtain all permits and other governmental approvals, required in connection with Licensee's activities hereunder, and update such pemuits/approvals as necessary. Section 8.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. Section &06 Partial Invalidity Section &07 Waste or Nuisance Licensee shall not commit or permit the commission by others of any waste on the License Area. Licensee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the Cat; fonua Civil Code on the Premises or License Area, and Licensee shall not use or permit the use of the License Area for any unlawful propose. n no Section 8.08 Repairs Licensee shall be required to make any repairs to the License Area occurring from damages caused by Licensee, its employees, agents, contractors, and subcontractors. Section 8.09 Time of Essence Time is expressly declared to be of the essence in this Agreement Section &10 Governing Law 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. Section &11 Survival Terms and conditions of this Agreement which by thew sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.12 Public Necessity Licensor may, upon three (3) months notice in writing to Licensee, suspend or revoke this Ageemat without liability to Licensee when public necessity so requtres, or to suspend operation immediately hereunder temporarily in the event of public emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. Section 8.13 Conflict of Interest r ., YI l i, II �a 11 .ail w n1 1 4 111i', Y- , 11 YiH - •J ::u 41. "1: ! :1 1 : :"1 Section 8.14 Attorney's Fees In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section &15 Exclusivity and Ameadment l _J :- ,1 :1 YI 1 "i 1 1 i. 11 :1..ii - 'J ::U ai .a 1 11.1: N11. 1111 r -A f - 1 M 1 .a.\ YY.In i- it R"1 � 1 1 • 1 Y:�I+"I. 11 - 1 Y}1'."111' 1 If. Yil. � I kl♦ i- I 11 In .- 11 Li :11 -nrr--Wv set forth in this instrument are null and void. This Agreement or any part of it may not be Any agreements or representations respecting the License Area or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Licensor and Licensee, or their successors in interest. Section 8.16 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section &17 Non-AiscrinthLWon Licensee shalt not discriminate because of race, color, creed, religion, sea, marital status, sexual orientation, age, national origin, anceshy, or disabilitY, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Licensee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON NEXT PAGE 31 IN V NESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N REAM Clerk of the Council City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY: Michael wgliotta Deputy City Attorney RECOMMEMED FOR APPROVAL: LICENSEE: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency By: Tax ID # 32 nRom1mRA lie Specialty Of Texas THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - " " " - --- • I- I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE 4%io 0 ' PRomicERAIlled Specialty Of Texas 85 N.E. Loop 410 Suite 600 San Antonio, TX 78216 800/235-8774 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE CMSRADF AFFORDED INSURERSAFFORDIMGCOVERAGE = R,wRED Shamrock Shows North American Amusements, Inc. db 3.1101 Calabash Avenue Fontana CA 92337 RLSUHIA, T.H.E. Insurance Company a RNIU4ER C: INwRERD CnVFQAr,ES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED MINED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REOUIRBAENt TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCHES DESCR ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WIER POLICY NUMIER PgANERRCIWE PLTIJCYEXPFATION M7MT2856 02/11/0 I 1,000,000 It BAIIRALANUITYCCURRBICE X GEmERALLA Lin 02/11/08 D^MAOET° "�° S 50,000 DEXP PM DwsMADE 000MA PERSONALRADmIRUAr $ 1,000,000 GENERALAGGREQATE S 10, 000, 000 IE LIMRAP PER: RO V-COMPAW AGO 1,000,000 OENLAGOft PRO- JE'T LOC AUOMDeuF UABIUTY ANYAUTO CON&NEO 6INGLE LIMIT t IEE IocUEAC BOMY RY OW WO I ALLOReDAUTOS SCHEDULED AUTOS IODR.Y NNJq I (�>�++0 MREDAUTOfi NDII-0WIEO AUTOS oD/,MA(7; i GMABEIABil1Y AUTO ONLY. EAACCXIENT S OTHER THAN EAACC i TINY AUTO Am ONLY: AGO i MICWANHAWA LIAMIITY OOCI.n ClMMS A" M7XT2857 027-111 0 02 11 O8 EACH aaxRW E i 1,000,000 EGATE S 1,000,000 8 DmuormLE RETENTION t i MIORKERSOOMPONIIITIONAND NC STATV- OTH- EMPLOYERIPLABILITY ANYGEIETORIPNONEWFI(ECUTryE � RRA�ffiR E)GDOE% R NIRDAYNV EL EACH ACCIDENT I EL p6EPSE-EA EMPLOYEE 8 E.L. 7M•POIJCi LIMB S OTHER DEIC� OF OPERATIDW I LACATTONI IVEHICLES I EXCLUSIONS ADDED KY ENOOMMMENT I SPECIAL. PROVME MS ADDITIONAL INSURED: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS, AND FIESTA DE CARNIVAL AS RESPECTS TO COMMERCIAL GENERAL LIABILITY INSURANCE AS RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY. RE:LTEROME PARK DATES: 04/20/07 THROUGH 04/22/07 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 ACORD 26 (20"/081 �rJT ,u�,cc.eY WOULD AMYOF THE ASOVEDESWBED POLICMS BE CANCELLED BEFORE THE EXPIRATION DATBTMO",TMMUIGWSURERWALMMM RMSMMAI. 30 tuLYSWRRTQN NOTICE TOME GEROFlCATBROLDER KAMM TO THE LEFT, rBIA ADDITIONAL INSURED ENDORSEMENT Insurance Company T.H.E. Insurance Company This endorsement modifies such insurance as Is afforded by the provisions of Policy ;1 ii W1T2856 reiating 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.) Effective 04/20/07 this endorsement form as apart of Policy# M7MT2858 Issued to Shamrock Shows Named Insured Countersigned by Aw., A ��./ or a p s n e Mitre -Ramirez, Norma From: Thompkins, Carla Sent: Monday, June 04, 2007 8:22 AM To: Mitre -Ramirez, Norma Subject: Fiesta de Carnival Agreement Below are the 2007 carnival dates and locations covered by the agreement with International Promotions dba Fiesta de Carnival: e� Aril 20 1 and 22 - Jerome Park May 11, 12 and 13 - Campesino Park c h f {((Ag-) May and 28 - Madison Park /!� v Woo Augustst 311,, Sept.p 1, 2, 3 - Madison Park Carla Mack-Thompkins Management Aide City of Santa Ana Parks, Recreation & Community Services Agency (714) 571-4222; Fax (714) 571-4209 cthompkins*ci. Santa-ana.c a. us 6/4/2007 os 7