HomeMy WebLinkAboutACOSTA ASSOCIATES 3 - 2007AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect's'
Return form to the Deputy Clerk of the Council (M -30). Call 647 -5237 i�il�ey��&
The agreement with
No. N -mod 7:016 () was completed on 0-3 } `o w
and final payment has been made.
Department: PPS!
Signature: �W a O
Date :�,��
City of Santa Ana
Revised 08 -28 -06 Clerk of the Council
l%SURARCt vN ri .
mail INS )PRANCE IXPIRES
N- 2007 -060
THIS AGREEMENT, made and entered into this /5 /t day of ,2mh , 2007 by
Acosta Associates, a California Corporation (hereinafter "Operator "), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws
of the State of California (hereinafter "City ").
RECITALS
A. On November 1, 2004, the City issued a Request For Proposals for carnival operators to
provide carnivals at specified City owned parks.
B. Operator submitted a proposal to provide carnival services.
C. Operator represents that Operator is able and willing to provide carnival services as
specified in the Request For Proposals to the City.
D. 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 camival 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: Delhi Park, located at 2314 S. Halladay St.; Campesino Park, located at 3311 W. 5`h
St.; and, El Salvador Park, located at 1825 W. Civic Center Dr. West. 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 and for no
other purpose. Operator shall provide two (2) carnivals at each location 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.
(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) Asa 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 terms,
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, or
additional dates should be granted due to the same, then the City at its discretion will grant
Operator alternative or additional dates for the conducting of the carnival events. If Operator
desires to obtain alternative or additional 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 included a full service carnival 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 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
event.
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 V2%) 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 term 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 activity 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 Section 12, below. The term 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 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 specified for the
carnival activity at the specified parks. Operator's accounting system shall conform to
generally- accepted accounting principles and all records shall provide a breakdown of total costs
and revenues associated with the park carnival events.
B. All Operator's records of revenues and repairs pertaining to the Carnivals
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 work under this Agreement, Operator shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Operator shall maintain commercial general
liability insurance naming the City, its officers, agents, volunteers, and employees as additional
insured(s) and shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from
any act or occurrence arising out of Operator's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence.
Operator shall supply City with a fully executed additional insured endorsement in substantially
the form attached 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 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Operator, if Operator has any employees, is required to be insured against
liability for worker's compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Operator agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Operator is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Operator pursuant
to this section:
i. Operator shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City; 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 (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. Such termination shall not affect Operator's right to be paid for its
time and materials expended prior to notification of termination. Operator waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
11. INDEMNIFICATION
Operator agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Operators, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates to the services described in Sections 1 and 2
of this Agreement; and (2) from any claim that personal injury, damages, just compensation,
restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this 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 /UTILITIES /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 REP.
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.
ri
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 92702 -1988
telefacsimile (714) 647 -6956
With courtesy copies to:
and,
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6515
To Operator:
Robert Acosta
74550 Fairway Drive
Palm Desert, CA 92260
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. 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, 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
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
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.
10
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.
35. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
termination, or expiration of this Agreement, shall so survive
36. MISCELLANEOUS PROVISIONS
A. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
�-4A4AT
UR�ZICIA E. HEALY DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: k
Josep traka
Assi nt City Attorney
RECOMMENDED
Gerardo Monet V
Executive Director A the
APPROVAL
Parks Recreation and Community
Services Agency
12
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EXHIBIT "B"
REQUEST FOR PROPOSALS
RFP 04- 129 -PRCSA
FOR A CARNIVAL VENDOR TO PROVIDE CARNIVALS
AT CITY OWNED PARKS
KEY RIPP DATES-
how Date:
Pro-proposal Conference:
Proposal Due Date:
November 1, 2004
November 12, 2004
November 24, 2004
Prejeet Coordinator:
Lorraine Iazarine- McCarty
Community Affairs Manager
REQUEST FORPROPOSAL
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, Budgt and Accounting Section, 888 W. Santa Ana
Blvd. 2' Floor, Santa Ana, California, until 5:00 P.M., WEDNESDAY, NOVEMBER 24, 2004. If
further information is needed, contact Robert Carroll, via email at rcarmll&i santa'ana.ca us, or phone
at (714) 571 -4218.
MAILED proposals should be addressed as follows:
Parts, Recreation and Community Services Agency
Budget and Accounting Section M -23
P.O. Box 1988
Santa Ana, CA 92702
Attir Robert Carroll
or delivery by hand or courier to:
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L GENERAL
1. PROPOSAL SUBMISSIONS
Proposals must be submitted to the Budget and Accounting Section in a seated 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 auftrized representative of the vendor.
2. PROPOSAL WITFIDRAWAL
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 fiom
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
proposalp lost or delayed in the mail. Late proposals will be returned to the vendor
unopened.
4. REOtMED DOCUMENTS
Vendor must :111.1 the Mowing completed 1,1 Y 111 i' 1 11 their proposal:
Detailed proposal of services 11 accordance with the specifications detailed in Section
Proposal should .1. take into Y\ns P.:, ..1.1 1 the evaluation criteria included :I II ctso and
should not J exceed i pages.
es
signed Proposal 1 I11 itl-.11
letter or printout of vendoes soft rclMed incidents t 1-ti ns ! .%1 Y- company, r i 1
prev) spanning ' 11 - past three :MI Il
n +1 11 1 ?1 v 6P (Section
resume or " 1111,1. detailing «11 t ' qualificabons, accomplishments, and nem i lu
in any professional and/or 1.11 41 f r.,u n 11'1'
representative sample of photos of vendoes past events .11 1 "111 :1 11l ili
of ride equipment owned, In tl .n \ operated fl vendors events, with description
and age of all rides;
Completed Proposal Summary and Devudions 1\ u Specifications VIII)
Any other infDrinatim IY" vendor 11✓ chow 11 submit.
Attachments and are Jor reEhrence LI but will required after the contract
;'Y ql. ;i t 4',- t. :C1 i�i�l••1 1 . -.i!
Vendor mast submit one original and ekIrtpbotecopies of em* proposal offered.
5. RIGIM 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
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.
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 .
8. LOCAL SALES TAX CONSIDERATION
In accordance with the Santa Ana Municipal Code, a one percent (1 %) prefeaewe will be
applied to all proposals for taxable goods submitted by suppliers located within the City }units
of Santa Ana
9. RECEIVING TIME
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
t r
I proposals 1 comply 11 current federal, state, and o 11 lam relative II, res vendor
1 Il;i Agrees that the services proposed comply with all applicable Federal m1 State
Occupabonal Safety and i Y I11 laws, standards J 1• tr K.1,1 In and that vendor ,' I WmmLfy
and hold u.' harmless for any &ilure to so YfJ 1 ut
REFERENCE ati VENDOR.
Die terms vendor, supplier, proposer, or contractor may be used intercharMeWy i, 11 :,
wecifications And shall B exchmvely to the vendor(s) a whom the City enters II 1
conti-act as a result of this request for proposal.
a INQUIRMS
Refer inquiries ,in writi 11 email to Robert Carroll, .11 1 @ .11 JI
13. AWARD OF 4S ALTERNATEa
The City of Swta Ana reserves Me r 91• ., award eithm IP." Base Proposal or :a :11✓t -
Proposals I I : :, whichem is 11 11 -- best mtcrest 1 I1.- City
14. RIGM :R a>I
The Cityresarves II'.' rl. 1 .1, 1 ..Y 11 any, ormneofthecarnival F1d LI '•1 1111
base proposals and/or ahernate proposals.
B-MAJIL CONRAUNICATIONS
To facilitate the i ! Yis vendors are required 1 monitor and respond to e-mail :1 L:s 1.
11 daily basis.
11
16. PRB-PROPOSAL CONFERENCE
A pro-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.
EL 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 in the table below A map of each park 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 pro-went meeting.
N
Park Site
Event Area at
Event Parking
Maximum Size/Scale of Event
Park
for.Pubtle
1
Cesar Chavez/
Between `Tot Lot"
Parking lot
Up to 14 carnival rides, 12 game booths, 8 food
Campesnro
and 5th St
with street
and information booths. No live entertainment
March 11 -13
overflow
2
Delhi Park
Northeast comer
Panting lot
Up to 15 carnival rides, 12 game booths, 8 food
March 18-20
of park
and information booths. No live entertainment
3
Jerome Park
Picnic area
Parking lots
Up to 16 carnival rides, 12 game booths, 8 food
April 1 -3 _
and infmma ion booths. No live catertainment
4
Cesar Chavez!
Between `Tot Lot"
Parting lot
Up to 14 carnival rides, 12 game booths, 8 food
Cantpesmo
and 5th St.
with street
and information booths. No live entertainment
May 13-15
overlloW
5
Madison Park
Ball diamond and
Parking lot
to 12 rides, 12 game booths, 8 food
May 27 -30
T -ball diamond area
and ' on booths. No live entertainment
6
Jerome Park
Picnic area
Parting lots
Up to 16 carnival rides, 12 game booths, 8 food
July 14
and information booths. No live entertainment
7
El Salvador
Grass area offof
Parting lot
Up to 15 carnival rides; 12 game booths, 8 food
August 19-21
Civ. Ctr, and
and fiffounation booths. No live entertainment
around ball field
8
Madison Park
Ball diamond and
Parking lot
Tp to 12 rides, 12 game booths, 8 food
September 2 -5
T-ball diamond area
mA hAdfination booths. No live went
N
M. EVALUATION OF PROPOSALS
Vendors will be evaluated based on their ability to conduct successful events in both the small carnival
and large carnival categories. For the purposes of this RFP, carnivals conducted at Delhi, Cesar
Chavez/Campesino and El Salvador parks 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 large carnival event categories. A committee of City
staff representing various departments will evaluate all proposals based on the following criteria.
ftj2ment Capability, and Functionality of Vendor 20%
1. Equipment and related safety specifications of equipment to be used.
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 Suanort 20•/0
1. Responsiveness and thoroughness of proposal. .
2. Ability to accommodate proposed carnival dates and locations.
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Past Perfa®oatrces 1 40%
1. Past record of performance on contacts with other cities, governmental agencies or public
bodies, including such isctms as tehabr7ity, 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 VENDOR
Vendors may follow up on the evahufion of fire proposals by contacting Robert Carroll, via email at
rcarroll@ri—saita-ma.ca.us or by phone at (714) 571 -4218.
REVIEW i AND AWARD
SIC award, the evaluations will become , 1!1 i YI 1 Interested vendors may submat a reqwd 11
w• fl• 11 a self-addressed `•Y.:IIU ➢1 41 •f- to receive .s s • n.- evaluation. Ibini In
t :1 P.'• I i L! `- 11 Yf II 111 rYl l} .;11. :V i!II f 1 .11 f 1'11111 111 Y:. _ ?1.
.It 1 t
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 RESPONSIBILM ES
1. 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
refimdaltle damage%lean -up deposit to the City of Santa Ana, Parks, Recreation and
Community Services Agency a minimum of ten (10) business days before the start data of the
eveaht Monies will be deducted fiom the deposit for repair of any damages incurred, cleanup of
the park, unforeseen security or staff costs, or any other cages 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 far the balance due. The vendor will be required to sulimit the
balance due 10 days prior to condwtu2g another event
The vendor agrees that f Hum to pay the cleanW/damage deposit aadlor nay other outsbadnig
balances a minimum of ten (10) business days prior to the start of the event will result in a
penaly of $500 per day penalty. The vendor will not be aIlowed to start an event if them is an
unpaid balance due.
3. CLEANUP DURING AND AFTER THE EVENT — The vendor agrees that they have full
responsibility for 1 1 1 1 , cleaning • r1 - park by removing all trash and debris on the
ground, P111 1' trash 1111 the park receptacles 11 replacing Ir:r and cleaning/sanitizing
:-.`•111If from the time the first vendor 1111 1 arrives at the park site for i1 until 1 the lad
vendor empkrym leaves the ar 1' tint) shall I ea '1' el,- purpow of this agreement,
1 1 :n wt:' anployees whose priority 1 the tasks '•Ia ..11 ftthermcn the :I 1 r
J : 1 be responsible M1 iano of the al site and the surrounding areas after the event
X11:1' . gmi1 arrange r ti-j.`. 1w :1 in the parking in.' 1 K and surrounding neighborhood
after each In at vendoes expense. Failure 1 provi& r, 1 In:l.l 1 s clean-up I result in
dispatching City staff 1 perfDm this work the vendor's expense or the Illrll private
contractor to parfbim the 1 , at vendoes 1 00 penalty fo each day ir.- nl lu
hilS 1 perform this responsibility.
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v1 .:1✓ - 1 11'- 1 <f :1i1 • I .ill 11 .1 1 1 iwA r 11 1 in.Uil ' 11 - IKn. 1 1 :1 11 11 "
day following the last day of the event at vendor's expense. Fwfhermore, 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 d mzpster(s) must be removed by the by 3:00
pm. 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
required by the Police .Department, the Fire DepazGatent, the Planning and Building Agency
(Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange
County Health Department Vendor must walk the plot plan through the City Planing and
Building Agency Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further
information on the plan check process, please contact the Santa Ana Police Department at (714)
245 -8718 or (714) 245 -2709. Copy of approved plot plan must be provided to the Santa Ana
Police Department and to the Parrs, Recreation and Community Services Agency. Vendor
agrees to pay a $500 penalty per day for each day late in providing the plot plan.
7- CARNIVAL UCENSE FEB— Vendor understands and agrees to pay the required carnival
license fee for each event. Checks shall be made payable to ` Ibe City of Santa Ana"- The
license fee is $4,000 for carnivals wed at El Salvador, Donn, and CampesinolCesar
Chavez parrs, and $7,000 for carnivals wn&x*od at Jraomc and Madison parks-
8. FIRE AND ELECTRICAL INSPECTION —, Tea (10) business days prior to the ever, the
vendor must schedule appointments with the Santa Ana Irene Department and the Santa Ana
Planning and Building Agency for an electrical inspection 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
We 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 Fine Department by calling (714) 647 -5700. The fire watch will be provided at
the vendoes expense and must be paid a miniumin of five (5) business days prior to the evens.
The required number of standby inqieeturs per event will be determined daring the plan check
(See Item V.A.6.). Actual event rules and regulations will be provided to the vendor at ply
chock and copies shall be provided to each bootie operahxby the vendor. Vendor agrees to pay
a $500 penalty per day for each day Lite paying fire watch foes.
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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 during 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 submittingfpaying the packet to the Business
License Office.
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ME - 1 . ` I Q1.w 11 1 I,
ndgiborhJ f1 associations atacent 1 the ar where the CUMVal IS to be conducted informing
11 er of (he event and to 'Jail their organization's support for the planned activity the ar
daring 11. scheduled ,In :+ and dafts, a 11111f11f'llll of ten 1 business: days before the event
The Community Development Agency 1 pwvt& contact n rnzahol to the vendor for
particular 1 e _91 1 A fIJ 11 upon request Vendor must submit Y11 of signed Y1 FI i 1 1 h
\r J;:It a RI rl 1,111 too the Santa I•: Police Department and II die Parks� Rmeation and
Community Services Agency 11 Ililll,llll of cl 1 business days before the il: 1e
Community Devakpment Agency can be «rrr..rra by calling 647-5360. 1 n., r agrees
1 pay 11 penalty for each violation 1 h' section.
1,0 ,
rl - 1.1.1 n i i `j ° Ll WC r 1.1 a i 1 u - 1..- •Ji 1 1 1,1 \ 1 n \ n.ln 1�' 11,- I .,
9
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 letter 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 pmvide the designated amount of soft security as specified by
the Santa Ana Police Department prior to qr on the date of the pre -event meeting. The Saute
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 tlx: 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 equipment to enable them to communicate with
all other security personnel. All security personnel must wear highly visible attire (security
vest, jacket) idea ifymg them as security oicem Nave of the secudty company perscuoned may
be armed. A copy of the signed agreement with the security company must be provided a
minimum of ten (10) business days prior to the event Vendor agrees to pay a $500 penally per
day For each violation of this section. Furthermore, if it is discovered that the security
deployment is less than the qty's mandated level of security fire City may elect to disp A* at
the vendor's expense SAPD and/or Park Rates to bring the security levels up to the weed
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 respou mbility.
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all canirvals during .'J : >1 upon 1 \ 11 of event iperati f e ndor will also Provide 11. Police
Department with booth 111 )Lines- events. The.Police DeparW2ent coordinate fwes ..:
police 1 the inl at vendors! expense.
•'
10
17. ADDITIONAL POLICE/FUMPARK 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 pro-inspoction 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 future events.
A post-inspection meeting shall 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 firture 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
performing the walk through of the park site without the vendor and all conditions recorded by
the Park Supervisor shall be deemed as accurate and final.
19_ PROTECTION OF FIELD AND TURF — Vendor shag be responsible for placing the carnival
cgmpment in a way as not to Anse damage to the pad[ turf or irrigation system (spnakler
heads, etc). Such precautions may include painting around or covering the spriatler heads with
a'5 petal &*, or whatever efforts are necessary to protect the irrigation equipment at vendor's
expense. Funds to repair damages incurred to the turf or irrigation equipment duw 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 fbbm everts. Failre to
do so may result in the suspension and or voiding of contract wo carnival promoter.
20. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the ecpripment may be moved
into the Pak prior to the completion, of the pre -event inspection meeting and/or 9:00 am on the
Tuesday before a carnival event is to be held. All equipment must be removed no later than
2:00 pm on the Tuesday fbBawirg the c oncfision 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 fi w equipment arriving earlier or left in the pads later than the above stated times.
2.1. 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 late than 9:00 p m. on Sunday. Ticket sates
and food sales must stop one half hour prior m the wboduled carnival closing time. Vendor
agrees to pay a $500 penalty per day fur each violation ofthis section.
11
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 owe per day or twice per day for capacity crowds.
23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES -
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 mflatables, balloons, or banners adveatisng 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 shalt 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 resat[ in the removal of the gmm. Any derision 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 pro-proposal confeaencr, 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 -eves mugs. The carnival ride list must be pre-approved by the Parr
Superintendent.
26. EVENT STAFF PARKING — 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 steeping
accommodations, motorcycles, etc.) must be parked outside of the park before, during and after
carnival operation horns. The Park Superintendent will identify authorized parking areas at the
pro -event meeting. The Vendor is permitted one vehicle within the park site for security
personnel only. Vendor agroes to pay a $500 penalty per day for each unauthorized vehicla
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12
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 patio in areas indicated on the
approved plot plan Vendor personnel who fail to park vehicles in pro-approved designated
auras may be subject to citation and/or towing at the vehicle owner's expense.
31. EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be requited 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.
32. PERSONNEL AT ENTRANCES TO NEIGHEORHOOD — Vendor must provide soft security
personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances
in close proximity to the park. A minimum of two (2) persons, plus necessary directional
signage, shall be stationed at each of the housing tract entrances during all event prugrmm hours
in order to deter event participants from padong in the residential areas adjacent to tbb even.
Vendor agrees to pay a $500 penalty per day for each violation of this section.
33. P0110E DEPARMEKT REQU iS — Santa Ana Pore Departnent offices will be
required during event hours to enhance the security of the event_ The n r nber of officers
needed will be based on factors suet 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 Atha 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 of4 horns of over time costs.
13
VL 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 Ywe will furnish and deliver as
specified.
Award shall be baser] upon the evaluation criteria mchuW in Section III Where there is a discrepancy
between words and figures, WORDS SMALL GOVERN.
The City of Santa Ann reserves the right to cancel any Heense agreement in the event that terms
under which carnival vendor is eontraeted are violated.
Name of Vendor
(Personjmn, Corp-)
Address
Address
Telephone Number
14
Signature of Authorized Rep.
Name and Title (Please Print)
vIL VENDOR'S REFERENCES
This sheet must be completed in full 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:
Contract Amount:
Reference No. I
Contact hxtividual:
Phone Number:
Year:
Description of equipment and services provided:
Contract Amount:
M
Description of equipment and services provided-
Contract Amount:
Reference No. 3
wM
is
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 aecessazy,
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 trans' .
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
Apra 1 -3, 2005
Cesar Chave7J
May 13-15,2005
Madison Pwt
May27 -30, 2005
Jerome Park
July 1-4, 2005
M Salvador
August l9- 21,2005
Madison Park
Sq*mbes 2-5, 2005
16
ATTACH111 M f°A"
CERTIFICATION OF NON DISCMUNATION 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 ongm, that it is
in compliance with all federal, state and local directives and executive orders regarding non-
discrimination imm employment; and that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
To take affirmative steps to hire minority employees with the cony.
2. To establish or observe employment policies within affirmative promotion opportunities for
minoritypersons at all job levels.
3. To communicate this policy to all persons comm emed, including all company employees, outside
recruiting services, especially those servicing minority communities, and to the minority
communities at large.
THE OF PERSON SIGNING
SIGNATURE
DATE
Please iachcde any additional information available regarding equal opportunity employment programs
now in effect within your company.
17
ATTACHMENT «B»
SAMPLE ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insane as is afforded by the provisions of Policy #
relating to the following:
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents and rives are named as additional insureds Cadditmnal
insureds") with regard to liability and defense of suits arising from the operations and tea's
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 pame 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 cry's limits of liability. The inclusion of any
person or organisation as an insured shall not affect any right wbich such person or
organization would have as a claimant ifnot so included.
4_ With respect to the additional msu[ed�, this nisurance, shall not be cancelled, or mi*nadty
reduced m ooveaage or hunts except aftr thirty (30) days written notice has been gives b
the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701-
(Completion of the following, including countersignature, is required to make this cndorsement
effective.)
Effective
Policy#
rued to
the endorsement form as part of
18
ATTACHMENT "C"
SAMPLE LICENSE AGREEMENT
BETWEEN
THE CITY OF SANTA ANA
AND
THIS LICE sE AGREEm ENI' ("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 referred 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 qualified to provide such services to In 111: «. Y in I e i li•nr" 1 1 •J :«IL «4. :1 :1' :-:1 11 AI . :1 ' 1 - 1 6 1. :.1 ., L1 .11 c 1: 11ne 1 de 11 h ' L : «11 :1 1 - 1 e' Drme1 n rrm 1 nc i1 1I
County; 1.111 .il.! Federal 1.1 licenses DI 111 :1 ent
i 1I77 -f i .11 i'1 1 11! :-1 ukX.Jit of l U flic 41' :1•'11 .J I 1. 1111. +`:.
It Will .11.1 YII.I lill In 1.« :1 II.- I�1 I n is �:1
ARTICLE I — TBRMOFLICFME
Section .01 License Area and Use
licensor owns the :: property described in 1 li attached hereto and 1!...,-
part L-re (die "ProperVI commonly ,no located
J1U Ana, a Cahforma. Licensor grants .1 licensee 110 FMIPV
of 1 i "11Y. xavocame 1 -Y «i+" cuemsei .1 encroach upon Il
con «: 1'.1 ill described and shown 11 general Il 1 1_i .IIY he hereto
and 1 ncor ,' J I herein by +1 : 11 4 for the purpose 1 1 f din carnival and for no
other 1 ii 1 f
1 The right and permission o Liceasce is subordinate 111 -,n 1 and 1/1.1111111' right Of
LkCDSDr to use the Property in 16 entirety for public purposes 1 which presenfly is
and IT✓ the option I Licensor, be 1 - 1 :1 Licensee undertakes and agrees 11 Use
the :1 - Area and 11 exercise this «6" I times H such manner not
unreasonably 11 - 11 I1- r1 use and enjoyment 1 n.- Property 1 _r11s
19
(c) Licensee hereby acknowledges 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
herein.
enumerated in RFP
attached hereto
and incorporated
Section 1.02 Term
(a) The term of the Agreement for the License Area (renn) shall be for ONE (1) year(s)
commencing on ("Commencement Date').
(optional) At the Licensor's sole discretion, Licensee may be granted extension of this
Agreement, for TWO (2) additional terms ("Renewal Tam') of ONE (1) year each.
Each Renewal Tenn shall be on the same tams and conditions set forth herein. The
Term of the Agreement shall not automatically be extended for each successive
Renewal Tam. 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 tam of the Agreement. Licensor may terminate this Agreement, at well, upon
fitieem days (15) written notice if there is a violation of any of the terms contained
herein.
Section 1.03 Compensation/Com"deratioo
(a) upon the Commencement Date, Licensee shall pay to Licensor the amour
("Compensation') for we of the License Area Said amount is
made up of $ as license fee with an additional $ fee.
Compensation will be due upon . A late charge of ten percent
(101A) shalt be applied after any payment hereunder is due but unpaid. in addition, one
and a half percent (1 %Z %) interest per month shall be added for each month that
payment hereunder is due but unpaid.
Section UN Seer Deposit
::"111
..9.,H 3.111.
Y, E1 �I11: 11 YI ,.11 f 1'1 / IU L iw.112, 1 1 .1 .:LI 1 Y1'1 t11.Li 1 }IK� =- 3) 1 1 • 11 x111
,1 tl ibO.Fl 1 .'1 +1i P /nv 11 N � 39 dl I 9L hllll ' 11," }H 1 ' 1 Yiirt� 1 1 i-. 1' 11
1 � wll 11 1 "1 Y w`\y 1 Y\ 1311 rl / 1 \ x.911 .11.1 Y1.111 1.11: 1 Iln 'J I! ..11 /1 iM1:1 1'i11�1
1 � 1 U111.v1 1, Yi1N'i' q 1 .1111 1116 GI R .1 11 1; 1':1 i !1 11: 1 11 11 11.�
20
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 NorrRecording
Neither party shalt record this Agreement.
; i t
Section 2.01 Taxes
Licensor is responsible for all taxes on the Property, which includes the License Area
Section 2.02 Utilities
Licensor shall pay for all electricity, gas, water sever and janitorial services furnished to the License
Area for the use, operation and malutenmce of Licensee's Facilities during the Team of this
Agreement, or any extension thereof, and for the removal of garbage and rubbish from titre i icense
Area during the Term of the Agreemnt, or any extension thereof
ARTICLE 3 — HY[MOVEMLNTS AND ACCESS'
Section 3.01 Licensee's Fades
Licen= shall bold tide only 1 licensees Ii. and any equipment 1 Yal 11 4"
License Area by Licensee. I il. Facilities shall remain the Xoperty of
Licensee T.1 me not fixtures. Licensee has the right I remove of Licensees
Facilities at its sole cost and expense on or before the Wirailon or terntinsdon of this
Agreement; provulod that i Yl t remioval "IA be done II 1'' 1 m n and c:. - II
mamner, without 1!:firk .I Y" or 9 . 11 11 any 9n1 LI ilU II YI "1 LYLI w \ i 1 LY I:Iu
on the License 9' 11 i 1 m 11 II 9111 11.� use of 11. License, or \A L
by Licensor 1' any r1 1wensoes ficensW4 ass9wes of lessees "1'B e1!Il
any hail U die License, Area caused by such removal and ffl leave the Lkense, A
1 satisfactory YI 11111.11 as appmved 11 writing by Licensor it shall be .I'lll it
11 remove all 18 Facifities, upon expiration4ffmination of the c1s and if Licensee
Y,1 !A to 1.f "9 withim Ilel 0 days, may elect !9 1.1 :1 Yiln`i' sole Y1+'
and Il i t f 9 not such 1 9 w 11 which case, such M 1! is '11 a
become pfoperty of Iscensor, at YYIw`I opton. 1 personal properly,
eqWpineat or o&er IIIH 1 FI ent that am not removed it 11 II said thirty-day 1 PI 91
shall become the property o Licensor, Yib. Y option. obh&ition N
21
pay compensation to Licensor shall not cease, unless and until the Facilities that
Licensee must remove, are removed to Licenser'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
(7) 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 Incense Area and
Licensee's Facilities including, but rot limited to, the removal of all trash, debris,
graffiti, as well as any special intensive cleaning. If Licensee causes any daerage to
the Property, to the License Area or to access roadways or other nearby facilities,
it shall property repair same as specified by Licensor.
(d) Upon the expiration or temaination 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 3.92 Liens
Yi11. :' L1 1 i 11 .II l ,{ Y 11 t11 n I 1 /) r 1 il{ I `•M, I1.1 ..'Jtlll+l II - ,N:1��-
ARTICLE 4 — INDEMNITY AND INSURANCE
Section 4.01 Indemnification, Defense, Hold Harmless
Mil 1 .t 11
:+1111 1 - dla 41 � I loll .11.1 WI 1.. .11 1.1 , .•1 In 1_iU .d1- - 1 Fln :{ Vh 6 i!. 1,1 ,
11 1 Y�LIIri Y)'1!Cill -:1 11 11,- J 4411::1: 1 .N41n`Y- 1A 1 \I1V: LIi6 1' 41111 .1 F V:1 `i N1 .M\
1 1 ✓.111. II.Ni N.'.:1 {�:1 1 1,. "i I.4r i r41.V" f- �, I II {"Y11 I11.Y If \
..}11 1 it
441n °- - (II It 4
L .11111' 1i4. .111 ViL A U' vl : ✓ YI tl \ l - iY .1 1 P,In`1, -'_Y.I 1111 .:1 ..YI \l 1 1111 1
Ir, V1� � it 'J 11•• 11 1 11 I 111{ 'J iG+l I4JI 1 .+l i ill ' 11. l � I LK I11 1 1 .+11
V\ 111\ e1Ca 11.1'1 fJt i N Iy 1:11 M i L1 IiY. 1 1 � 11 J 1 i `1'1" \' i' 1.1 'J 116 1' d11
22
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 irgury, personal injury and property damage, liability, of $2,000,000 per
occurrence . The City also requires an Additional ) nsuced Endorsements as attached and incorporated
herein as Exhibit C. The policy shall name Licensor, its agents, ours, employees and volunteers as
Additional Insureds, and shall specifically provide 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
conswued in derogation of the continuous duty of Licensee to furnish insurance during the tens of this
Agreement.
fit'. _M4 . I 1'
Y ,�_ �lv.. X" 1 .i. I wl +`I I.iil :I!•i,11.' 11. Mile- 11 `I" 11 11 Y. 11 11
!L" VIA 7;=111
'rl L�'1 `1 1 .111. :1 1 I
11 I 1 I 1 I't 2G1 I l I 1. I
1.- 11 Im. 1
1. The inswer will not cancel or reduce the msured's coverage wrthont
thirty (30) days prior written notice to Licensor-, and
23
A complete and signed certificate of insurance with all endorsements required by this Section shall 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 Insurance; Additional Insared Eadorsements
Prior to execution of this Agreement, Licensee shall finish to Licensor certificates of mseaance 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 (3o) days prior written
notice of Licensor, and shall state as foriows:
"The eberre deter 4 evvhege is net subject As ay deducd&fe or
Tarred reftafou, or any ether. f" ofsiirei7w type mu AnAW L"
Licensee shall maintain the foregoing insurame coverages m force throughout the Germ 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
represIltatives 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 Mom (15) days of Liceasor's request.
ARTICLE 5— TERAl1 MATIONAND DEFAULT
Section 5.01 Term3ratien is the Evert of Casualty or Coademaatioa
In the "! I any dama destruction of condemnation of the eI ` tl Ft
renders the 41s unusable or !Io "r .J in licensoes, judgment, Licensee "16
have the LI but not the 11.1 1 ti 1 tl ermitaf' the Affeement 11 respect '1 11
f +M license Area by giving l e 111 Y' 1 lWansor within duty IK It> °! MI
damage, destruction or condemnation. by 1 n of such casualty or
YI'LPifflir J.11
Licensor determines ha 31.- Yi1s K is 1.1 longer adequate I` Yih F J YillI1:1•
6 Ft r 1 0 1+ or .tl repairs to the ices v: have not been 111 1 P >1 Y Y.1JJ
24
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) hi 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 descn'bed 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 o €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 theInterstate 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,
moluding, but not limited to, nourenewal, cancellation, or expiration of its license.
Consultant shall notify lire City imbety and in writing of her inability to obtain or
maintain such permits, lieaansm appmvais, waives, and exemptiom Said bability
shall be cause for tertaination. ofthis Agreement
ARTICLE 6— ASSIGNlMUNT, ABANDONMENT, DEFAULT, INSOLVENCY
Section 6.01 Antament
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. ,
1.1 1
! I -1 I4iln" ➢" I L.YI /fi �. !f .ill -41. .q..l 1'1:I.L 1'1 11:� 4 }I, .v: 1'! I SI 11 - N.11 1 .� \ll 1 11 '
4111 1 41. i, li .Yi1.C'1
11 III - ill Yil ti"- Il � 14M 1' !.1 i.11f111r 111 • Mwt ! Ji \ It. Y41�'
11 U. 1 - E1i .YYIri'1' i� 1 � �l1 X41 1 it 1'Y � 1 K JI 1: .111 i11411.A 511114
11! J 4i.1i4.1 11. il.11ll 11. JI -f iYl 11 .' YI'1f 11 il\ ,1I 1 I YI I Y \.i 1 \:1 "1 iYll'41
11 11 '1 all +l. l 4HYV4i H lil.l w 111 J •ill 4J i'
Il,l 21i1 II fl i J1�i.IJ:215 . =1'1 liY_I : ILUII ,1q:�1�.:,
u
I. The worth at the time of award of the unpaid compensation which has been caned
or the sum of one (I) 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 tenrination of the Agreement until the time of
award exceeds the amount of compensation Ioss that Licensee proves could have
been reasonably avoided; or
I 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 proxy
caused by Licensee's failure to perform its obligations under this Agreement.
Section 6,83 Default by Licensee
Should Licensee default in the performance of any of tine terms, conditions, or obligations contained in
this Agreemment, 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 ofCalifomia then in effect.
Section 6.04 Inselveney el l icensee
a.'•mt:t . I 11 q- t 11 r , r:. u�:- r n� n .'.v l.• 1 a :. ..
atnl.el ! It .:1 1 1
:1❑ 1' , .r �l a`:- 1' tl 1� 11 � 1 1 .I 1 11 it rv:4 '� NI '!I� IiJIt I11 r,1 Itl' •J ::tl: P. .u.l
�H! 1 YbI C'1' �1 :'I .111 - rtll I 1 � iiti 1 1 i 11 Mi-In -
Section 6.05 Cimulative Remedies
The remedies given to Licensor in this Agreement shalt not be exclusive, but shall be cumulative and
in addition to all remedies now and hereafter r allowed by law or eb where provided in this Agreement.
seed" 6.06 Wainer of Bresch
I •.t - 1 :r:.tn f' 1 .0 ! .:. t ! .,ram -:' a .�t ! It- t t .I'I� t In' M,, •t .! t.l-
rl tc•! In - rl 1 IuHt; L' f .1 a ..l �t 1, :1 L.n t t 1 r:.t It :• 1 It.- Dui.- !
.1 i 11..F l 1 •+.A 1 f 1t K •J �:11�1.
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 wilt not store or dispose on the License Area nor transport to or over the
License Area any hazardous substances Licensee ftuther 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 .rmdtmg from such release including all attorneys, fees, costs and penalties
mciured 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 defied
or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, or other si rflar 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 enviromnent will or may reasonably be anticipated to cause sickness, death
or disease.
ARTICLE S — MISCELLANEOUS
Section 1`.01 Force Majlewre — Unavoidabh Ddays
V 1.11 ,l II - 1 :• 1 !L.'1 4" 1 .fi 4 a II :1 1 lug 'J :�•Ilai i f _ 1 w I'Ill:i! ) > 11,C •its 1 1
YY1�`i" 1 1 - wl.til 1- Li• tit I � I1 1 Y 1 11 °li ( :1 - l 11' 1 \ :1 -, �I
'�:rlf - u - .Vi �1 Pt u1f3•n✓ 1 44l .I.I V.. i' .:1 111: r - - 4i1 lu
i1. i•1.1 ii l i r i t 41 1 qli !1 !1 - I Y i f
]M AS .�lJ 1: 1 Ifl .q4- \ Il.-
it I I Owl I I 11!I 1.1 11111 • YI'1 Y, !! :1 1 1 `: 41 1 1 -
1 1 1111 I . 11 " i i r111b %4 A 1 1 t 4:IM:- .0 :1 11 :1 1 11 •J V 11 :1 f 11 " 11:• 11 I oil .O, 1 .11
ill : :\ I! i1 `I 19 t 11.- all I . t 1.1 1 1 I 1 II - t •1 - 1. 1 1 '.Y:1 `-
f :1 If :i f CI 1 oil 4"
Section &02 Notice
! ?.1 1.1 i.Y� i :1 a :1 '•1.1 tin`« n _v ^'➢ AI LY il.- IauK , ill � •J :P11 x.11 IK I 1 - 1 �• PI
1 iF 1'1 � 1 11 :1 Y4 1 Lit ➢l..l I;,t •+°r✓,�� �I'Ll 1 11 ...\ a i 11 -- i�..11\ Yi`D giiN. i ] 1
27
To Licensor.
Clerk of the City Council
City of Santa Ana
20 Civic Center A= (M
P.O. Box 1988
Santa Ana, CA 92702 -1988
Telefacsimile (714) 647 -6956
With courtesy copies to:
.II
Executive Director of the Parks Recreation and Community Services
Agency
P_O. Box I988
Santa Ana, CA 92702
Telefacsinaile (724) 647 -6549
City y
CityofSanta Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647 -6515
1< 11 . 1 .fl' A ..1.11 :.pC � _� IIN_ , f LY" II 1 111 1 11.- II1: �+ Irf 1� Y: � .'.1 I , 1.✓
Ii�1,Li i.�ll .111 Y- 1 \ 111.E MI'I HIII!!11 Y.lFII PI'f 1 ..Lli r`\ rl .U.1 1 .'1 Yll I it (I N - 1.-
..1 11 P.\ wl I dd .l L I ) 1 Y Y1.1.Y fill!!I 1 Ltil 1- i 11'i YI'11111 tl11K 1,1 1 `lr � 1
28
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 8.04 Compliance with Laws
H7FTM --
1.1 :1 :11 :•I 6 I ' 1 :f IIII wl :1 1 • :. 1 1 1 ' :1 . . WTIT, .1 • 111 .11,1 11 1111 1 .
V 1 - 1 1 L.11. ••11 I .11 f >1 1 FII Y1. 1' l 1' 11 (1 f lit ? 1 � - Gl � :1 /'
.1 911':1 • •11 Yf ht 11 Wi YI 1'1 • 11 ..1111 \V 1'I 1 YRIn :- 11 1 1 Y::1111' 1' 11 yl
M:J.+ 1 .1 I :1 11 J 1 IIIAn 1\ :1111,..:•1'. I :111 \ .i1 1' 1 13 i� \:.i
Section 8.05 Boding on Heirs and Successors
This Agreement shall be binding on and shall more 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 8.06 Partial Invalidity
1.1 1 .:1 / 1 •' , ., ,,.1 F F,, 111 II 111 1 , - 2111':
•fl l - 1FY I�IIIIIi1511 :1 1 1,.' 11 .1111 •'1 '1 1✓ 11. JI'1"� -1 '. e.0 +MY:1.1'H i IL.- 1 :f 1 Y. LY :(1
11 11.,:1} 11111!1 GI
Section 8.07 Waste or Nuisance
a ems:- IC 1 1.1' Y• unll 1 1 :•In ur YI nil .•1 11 1 111 : . .:1 - 1 1 If - Y:•1. -
,Y >i+> (K !./ 11 .I II: Y. ll Y• 11111 1 1 :111 11.- n 11 :1".11 Y- 1' Y \.IIH11 .ti• 1'1 I 1 1 II +K4 Y"
Illul 1 >YI 1:1 1 .11.1 • :YFYI • n f 11.- I I! / / I I I' ,y IL" :'ll 1 'Y <In
:•: .II,I Y2.1 n":- •'I V, 11 - I I i,ll 11.' i•."- 1 11'. :'I.:' � 1' .�I 111 �' 1 1 n I I:
WSJ
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 &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 shaft be
determined and governed by the laws of die 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 o&
in connection with or by reason of this Agreement.
Section &11 Sarvival
Tams and conditions of this Agreement which by their sense and context survive the tenmina im or
expiration of this Agreement, shall so survive.
Section &12 Public Necessity
Y :F� Y „ 1,1 1.1 Ili :- ,1.1 ,1,: 1 1, . i, , ,,,.• 1 Y: L`:" "I.��, :1.1 1 1' 1, :,
: «� \�. 1 1 11,1, .1[.' .
411: 'It 11e 4. 1 - : 11 It :1 t !1'- , .:1 ..
LYI "1 wl 11 w11111.. L:1 IL f 111. I,i Yip\ F :Ii.:: YI 11 11'
Section &13 Conflict of Interest
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=17 .t YI 17147",
Sedion &14 AttsraWs Fees
11 11 211 " I 1 1 _J 1. 1 - 114 ill '1 :1 :1 ✓ IY.- NIIK .ql 1 {
Section &15 EidasivW and Amendment
1 'J 2' il.il� YI.I .`•1 1 I iw 11 - :.l ii :.11.:1. .11 I 11 Iii Y.v1.1111 ' 1 "n - it V_' .`1.1
nl:Yf111` 11� Y2.Iw` iI 11.- ' hYYln "JL 1 1L Y211 q Y21 ... ,, . 12 2U
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30
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 8.17 Non- Dinatien
Licensee shall not discriminate because of race, color, creed, religion, sex, mantal status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in
the recruitment, selection, training, utilization, promotion, termination or other employment related
activities. Licensee affirms that it is an equal opportunity employes and shall comply with all applicable
federal, state and local laws and regulations. _
BALANCE OF PAGE B N T 70 NA L L Y L E FT BL A ND
NIGNATfJRES ONNEAT'P.4GE
31
9
IN WITNESS 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:
PATRLCIA E. HEAL Y
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
BY: Micbael Vigliotta
Deputy City Aftorney
RECOIVII1iRNDED FOR APPROVAL: LICENSEE:
Gwdrdo Moue� Executive Director
Paks, Recreation and Community
Seivices Agency Br-
K r
32
'7 ' ^55- North American Amusement p 1
ACORD_ CERTIFICATE F L BILI INSURANCE �5 10 0
=':xi A.�lled SpeClal t7 3-
OP TeJ s THISCERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
`
85 N.E. LOOP 410 ONLY AND CONFERS NO RIGHTS UPON THE CEI(TISCATE
I HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 600 FR TH .OVERAA AFFORD DRY TH PO
San Antonio, TX 78216
North American Amusements, Inc,
11101 Calabash Avenue
Fontana CA 92337 K1,2007-060
THE POLICIES OF INSURANCE LISTED BELOW HAVESE&YISSUE-O TO THE NYSURED NAMEDABOYE FOR THE POLICY PERIOD INDICATED, NC TYdO1STANOING
ANY REQUIREMENT. TERN ON CONDITION OF ANY CONTRACT OR OTHER OOCJNENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY 9E ISSUED OR
MAY PFRTNN, ME 9JBURANCEAFEDRCEb BY THE POOCIES DESCRIBED HERpN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CON01 f1ONS OF SUCH
F'Ouiae . AQOIE(L17E iJN9T8 SHfNN OAAY /NYT: BEEN REDUCED BY PNO CWN19.
NEN
FOLWIARIIIER
EpJCD64e w I r0.xV HPRAl10N
mvm.LVA
X'cv�llworL LvdARY M7MT2856
02 /11 /0
02/11 /0
CE
1,000,000
50,000
n m
cwllcLU� U occw
DeAL LAavINUVY
1, 000, 000
10, 00O3 000
1, 000, 000
,gNtArcR .NB JA vec
'1
iI1rMa.
J•�
•l1ALl11Y
AJnALm
M7MT2856
02/11/07
D2 /11/08
LbMIE05FYiE1gLT
Ra
1,000,000
➢mLVNLnn
R,wnF�.l
1 � X
'�'0""NOi
bi'IEDJL�ANTOG
CJGLY WJUMY
cvrAaNrl
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DAORRIYpAMAQ
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—_
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AUTO d1LY- FAJOCJOPM
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Mf/J.IIfO
'. OTMEA i4Y1
'. AVPOOlLY: ADQ
A�IaoyR
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�OWNB NIfL
M7XT2857
02/2.3-/D?
02 11 OBir
Occ iwg
1, 000, coo
r— cute
1.000.000
M7XT2858
02/11/0
02/11/0
AC" CCCUR.
GGREGATE
I 3,000 OOC
1cNIm,I,AIeLNEARBPIAxo
We cMU- om
-- '- '�-" -ti
,NIY PNCPM1I(fgiRAKtNEAlFA9VrrvE
Q9i'2RLNEEII ERT.ICB]9
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!
I
ILCamrw w PPPJUrI V q r Eaumrs r vEiICLSS r cr<cwHwa Aolwo BY duon�IErr r>mxuLrpPNSONc
?,.D=ONAL INSURED WITH RESPECTS TO THE OPERATIONS OF TEE NAMED INSURED:
CTTY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS AM) BOB
,I ACOSTA ASSOCIATES
LCCA^_' =OW: EL SALVADOR PARK, 1825 W. CIVIC CENTER, SANTA ANA, CA
_nATTiS: 08/25/07 THROUGH 08/27107
'" = "E C'_TY OF SAN^_'A ANA
rxownANreP iNeAawseeaeareo Fm Mftffi ANeeJJm aewan,e vnw+�
a : CIVIC CENTER PLAZP.
9ARTxeMti,TIE BaNND I9 WIFAWILLYiYiOroWL _i0 PAnw9mEN
XXA CA 92701
ABxIroTNECDmBGt9N0tIlDlN.WmroRa LTPT, DSf/IiIitTOMLriIIUIIr
J�MBrII uuomaPOSVmIa��
f
AunwalelP /�
J
A ^ ^40 26 f2001M)
r_; FORM
I Q ® ACrD CO iPORATION 1999
May 22 07 10:55a North American Amusement p2
ADDITIONAL INSURED ENDORSEMENT
Insurance Company T.H.E. Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# M7MT2856 relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701;
is officers, employees, agents and volunteers are named as additlonal insireds
( "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
"or thn 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
:nolusiori of any person or organization as an Insured shall not affect any right which
c.: -persor w- 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, Sant9i Ana,
California 92701.
(Completion of the following, including countersignature is required to makes this
endorsement effective.)
Effective Ot1i25107 this endorsement form as a part of
Issued to_ Shamrock Shows
Named Insured
Countersigned by
Autifort z Representatl
i 0,Nl
-6 2- IL
Page 1 of 1
N- x2069 -060
Mitre - Ramirez, Norma
From:
Sheedy, Laura
Sent:
Wednesday, June 13, 2007 11:26 AM
To:
Thompkins, Carla
Cc:
Mitre - Ramirez, Norma
Subject:
Acosta Carnival
Attachments: WORKERS' COMPENSATION FORM.doc
Carla
Will you ask Acosta to sign the attached workers comp declaration regarding employees for the carnivals. I understand that
the carnival company has insurance for its workers and that Acosta will not have employees working on these carnivals.
Norma needs the declaration on file to complete the paperwork for Acosta.
Thankyou
Laura Sheedy
Assistant City Attorney
(714) 647 -5201
THIS COMMUNICATION AND ANY ATTACHMENTS MAY CONTAIN LEGALLY PRIVILEGED AND /OR OTHER CONFIDENTIAL INFORMATION. IF YOU ARE NOT
THE INTENDED RECIPIENT(S) OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERY OF THIS COMMUNICATION TO THE INTENDED RECIPIENT(S)
OR BELIEVE THAT YOU MAY HAVE RECEIVED THIS COMMUNICATION IN ERROR, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION,
COPYING, OR OTHER USE OF THE INFORMATION CONTAINED IN THIS COMMUNICATION IS STRICTLY PROHIBITED. PLEASE REPLY TO THE SENDER
INDICATING THE FACT OF THE ERROR AND DELETE THE COPY YOU RECEIVED FROM YOUR COMPUTER.
6/13/2007
Jun ' Z 07 1 North American Amusement P'1
N- o?ooq -o66
POLICYHOLDER COP" SO
STATE P.O. BOX 420807, SAN FRANCISCO.CA 94142 -1
COMPENSATION
'A' *''9 AMC Is
``r D CERTIFICATE OF WORKERS` COMPENSATION INSURANCE
ISSUE DATE: 04 -27 -2007
CITY IF SANTA ANA SO
CARLA TOMPKINS
=yIC CENTER PLZ
SANTA ANA CA 92701 -4058
GROUP:
POLICY NJVIi 1848138 -2007
CERTIFICATE ID: 21
CERTIFICATE EXPIRES: 04-01 -2008
04 -01- 2007/04 -01 -2008
;ert'fv that we have issued a vaild Workers' Compensation insurance pe'iey in a to-m approved by the
" ^^ I^su•arce Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon3O days advance written notice to the employer.
VM , i' also dive y3u 30 days advance notice should this policy be cancelled prior to its normal expiration.
-its certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage affordet
by the policy listed herein. Notw'thstandirig any requirement, term or condition of any contract or other docu'nent
.f.') respect to which 'his cer;ificate of Insdrance may be issued or to which it may pertain, the nsurance
... :.:-c_d by :he policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
14P.'HORIZED REPRESENTATIL PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 81,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - JOSEPH SLASH PRIES - EXCLUDED.
ENDORSEMENT #1600 - CHANTAL SLASH SEC,TRES - EXCLUDED.
�_- ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -01 -2006 Is
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENP: CYER
NORTH AMERICAN AMUSEMENTS, INC SD
?1101 CALABASH AVE
'ONTANA CA 92337
[814,sq
4FEV.2.06) PRINTED : 04 -27 -2007
0643''coa' 19:38 -.145714239 PARKS AND RECREATION F'A:ii
• ' �. ^v 5 • •
/;/— a o07-060
I Robert A. Acosta, President hereby affirm under penalty of perjury. the
(Neme)Tsoe)
following declaration
I certify on behah of Acosta A_ ss "t s that during the term of my
(Otpounm Nu c)
c mtract witb North Amaricgn emanrc Inc dba5hamrxk Shaws. City of Santa
P.na, I will not employ any person in any naanuer so as to become subject to the workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of Section 3700 of the Labor Code, I shat: iortbwith
C ornpl.y with those provisions.
DATE; _� /3 CL_.
By:
Name:
Title:
v
WARNING' FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES
k D CTV IL FINES UP TO ONE HlT1DRBD THOUSAND DOLLARS (5100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
Ii\ SECTION 3706 OF THE LABOR CODE, INTEREST, ARID ATTORNEY'S FEES.