HomeMy WebLinkAboutALL ACCESS ENTERTAINMENT-2007
INSURANCE NOT ON FILE
WORKMAYllilIPROCEED A-2007-187
CLERK OF COUNCIL /
OA6E: f\UG ~~~~MENT WITH ALL ACCESS ENTERTAINMENT TO PRODUCE
O:~~:CS"2 Ed~ THE FIESTAS PATRIAS SANTA ANA SEPTEMBER FESTIVAL
This Agreement is entered into on August 3, 2007, by and between the City 0 f Santa Ana, a charter
City and municipal corporation duly organized and existing under the Constitution and laws of the
state of California, ( "City") and All Access Entertainment Company, (hereinafter referred to as
"Event Producer").
RECITALS
A. The City desires to retain a company having special skill and knowledge in the field of
promotion of special events in order to plan and produce the 2007 September Festival to be
named "Fiestas Patrias Santa Ana" (hereinafter "Event") for the City.
B. Event Producer has produced said Event in previous years.
C. Event Producer shall ensure that the Event remains a positive, family-oriented event
reflective of the community.
D. Event Producer represents that it is able and willing to provide such services to the City.
E. In undertaking the performance ofthis Agreement, Event Producer represents that it is
knowledgeable in its field and that any services performed by Event Producer under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional Event Producer in the field.
I. SCOPE OF WORK
Event Producer shall produce said Event on September 15 and 16, 2007, in the downtown
area of Santa Ana as described in Exhibit A attached hereto and incorporated herein by reference.
Additional terms included in Scope of Work shall be:
a) EVENT HOURS. Event hours will be during the following time periods:
i) Saturday, September 15,2007: 12:00 p.m. to 8:00 p.m.
ii) Sunday, September 16, 2007: 12:00 p.m. to 8:00 p.m.
iii) El Grito ceremony, produced entirely by Fiestas Patrias de Orange County,
shall be on the Main Stage Saturday, September 15, from 6:30 p.rn. to 10:00
p.rn.
b ) LAYOUT and BOOTHS. City shall retain the right to approve the general layout of
said Event, including the placement of booths, stages, etc., and:
i) In exchange for extending the boundaries of the Event beyond Broadway to
Ross, Event Producer shall reserve for and donate to the City of Santa Ana
and/or its assignees thirty (30) booths distributed evenly throughout the entire
layout of the Event and shall include a minimum of two (2) booths for food
sales. Said booths will be divided as follow: eighteen (18) for sponsors, two (2)
for food, and ten (10) for cultural exhibits,
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ii) Spaces shall be reserved for up to a maximum of twenty-five (25) antique cars
to be displayed during both days of the event, (on Main Street between 4th &
3rd).
c) PARADE. The Event Producer shall not include an event parade within its schedule
of activities.
d) THEME. If a theme is considered in addition to Fiestas Patrias Santa Ana, City and
Event Producer must reach mutual agreement as to said theme.
e) ENTERTAINMENT. City shall retain final approval over all entertainment. City at
its sole discretion and/or for any reason may reject entertainment chosen by Event
Producer. Event Producer shall produce a complete schedule for the main stage listing
each performer, their popularity rating, and their associated time slot before August
24, 2007. City will provide [mal approval before August 31, 2007, at which time City
will provide written approval in the form of a letter from the Deputy City Manager for
Development Services or his designee. An additional stage (community stage)
featuring local community performers, including local folklorico groups, bands, and
talent, shall be produced by Fiestas Patrias de Orange County. Event Producer
Entertainment will have no responsibility for programming, expenses or content on the
community stage.
f) STAGES and EL GRITO. A minimum of two stages and associated entertainment
shall be programmed and produced during the event duration.
i) The main stage shall be located at the intersection of Ross and 4th Street, and
be reserved for the official "El Grito" from 6:30 p.m. to 10:00 p.m. on
Saturday, September 15,2007, at which time all advertising on stage, if any,
shall be removed, cloaked, or hidden from display by Fiestas Patrias de Orange
County and Event Producer. "El Grito" shall be conducted by the Mexican
Consul.
ii) An additional stage (community stage) shall be located at the intersection of 4th
and French Street with local community performers, including local folklorico
groups, bands, and talent. "EI Grito" shall be conducted on the community
stage after the official "El Grito" at a time to be determined later.
g) ALCOHOL and TOBACCO. Event Producer agrees not to sell or distribute or allow
the sale of or distribution of any alcohol or tobacco products during the Fiestas event.
Sponsorship by alcohol product companies shall be considered., but must be pre-
approved by City. Absolutely no direct tobacco product advertising shall be allowed
within or associated with the Event. Neither tobacco product advertising nor alcohol
product advertising shall be distributed to minors.
h) PRESS RELEASES and PROMOTIONS. City shall receive copies of all press
releases and advertising for the event at least 72 hours prior to the use in the Event
promotion. Event Producer will provide to City all distributed documents related to
marketing, promotions and administration as distributed. All current and future
promotional materials in any medium, including but not limited to marketing,
advertisements, sponsorship offers, shall identify the September Festivals as "Fiestas
Patrias Santa Ana" and shall bear no other title.
i) SPONSORSHIP. City shall receive copies of all sponsorship agreements for Fiestas
Patrias Santa Ana.
j) FEES. Event Producer shall be responsible for all fees and/or costs associated with
this event including, but not limited to, additional Police, Fire, and Public Works;
additional security for downtown parking garages; installing banners; graffiti removal;
and street cleaning. Producer shall be entitled to deduct fees and/or costs from gross
revenues.
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2. TERM.
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TRASH. Event Producer will maintain continuous litter control during the entire
Event and impose adequate mitigation measures to ensure the removal and disposal of
grease from food and/or cooking booths, including but not limited to the use of grease
barrels.
EQUIPMENT. Event Producer shall provide all necessary equipment, resources and
manpower to develop and produce the Event.
RIGHT OF FIRST REFUSAL. Event Producer shall provide right of fIrst refusal to
merchants with businesses along 4th Street and in the Fiesta Marketplace for booths
located in front of said businesses.
DISCOUNTED BOOTHS. Event Producer shall provide twelve (12) non-corporate
sponsor booths at a discounted rate. Said booths shall be divided equally among La
Calle Cuatro de Santa Ana and Fiesta Marketplace Partners for use by their respective
businesses.
FINANCIAL LEDGER. Event Producer shall maintain a "financial ledger"
specifIcally detailing all expenses/cost and revenues generated from said Event in
order to determine net revenue. Within 30 days after the Event, Event Producer shall
provide the City the financial ledger. Moreover, within thirty (30) days after the
Event, Event Producer shall remit to City the agreed to compensation, including the
non-refundable sum of twenty fIve thousand ($25,000) dollars and the non-refundable
sum often (10%) percent of net revenues, and shall be reimbursed all City related
costs and expenses.
LOFTS. 3rt! Street shall remain open to vehicular traffIc throughout the event and not
a part of the event perimeter.
CARNIVAL. There shall be no carnival during the Event.
OPERATIONAL CONDITIONS. Event Producer shall be required to comply with
the attached "Operational Conditions/Scope of Work" describing the scope of tasks for
which Event Producer shall be responsible. Said "Operational Conditions/Scope of
Work" is attached hereto and incorporated herein in Exhibit A
QUIET HOURS. SpecifIc to 3rd Street: There shall be designated quiet times as
follows: Thursday, Friday, Sunday from 10:00 p.m. through 7:00 a.m., and Saturday
from 12:00 a.m. through 8:00 a.m. Quiet hours shall be strictly adhered to by all
vendors.
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City shall grant Event Producer a one (1) year Agreement.
3. COMPENSATION.
Event Producer shall remit to City a non-refundable sum of twenty fIve thousand ($25,000)
dollars and a non-refundable sum often (10%) percent of net revenues ("net revenues" shall be
defmed as all receipts for revenues to include but not be limited to sponsorship and booth sales minus
total reasonable expenses excluding but not limited to commissions, Event Producer hotel and per
diem charges, and Event Producer's labor costs) as Compensation to City. Event Producer shall not
be entitled to a refund of any portion of the twenty fIve thousand ($25,000) dollars and/or any portion
of ten (10%) percent of the net revenues if said event fails to cover costs or make a profIt.
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4. LIMITATION OF LIABILITY
Without limiting any express financial or liability provisions provided for in this Agreement,
City shall not be liable to Promoter for any indirect, consequentia~ exemplary, special, incident or
putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in
connection with this Agreement under any theory of tort, contract, warranty, strict liability or
negligence.
The foregoing limitation applies to all causes of action and claims, including but not limited
to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further
understood and agreed that City shall not be responsible for any loss or damage caused by EVENT
PROTEST, hostile or warlike action, civil disorders or any governmental action, whether such loss be
direct or indirect, proximate or remote.
5. INDEPENDENT CONTRACTOR
Event Producer is an independent CONTRACTOR and not an employee of City and all of
CONTRACTOR'S personnel shall be employees or subcontractors of Event Producer and not
employees of the City. Event Producer shall pay all salaries and wages, employer's social security
taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for
all applicable withholding.
6. MISCELLANEOUS PROVISIONS
a. Event Producer covenants that it presently has no interest, and shall not have any
interest, direct or indirect, which would conflict in any manner with the performance of services
required hereunder.
b. Event Producer will not discriminate against any employee, or applicant for
employment, because of race, color, religion, sex, marital status, or national origin. Event Producer
will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, marital status, or national origin.
Such action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment, or recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training, including apprenticeship.
c. This Agreement may be terminated by City upon ten (10) days written notice of
termination.
7. CONFLICT OF INTEREST CLAUSE
Event Producer covenants that it presently has no interests and shall not have interests, direct
or indirect, who would conflict in any manner with performance of services specified under this
Agreement.
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8. INSURANCE
Prior to undertaking performance of work under this Agreement, Event Producer shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Event Producer shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting
from any act or occurrence arising out of Event Producer's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. Event Producer's coverage to
include products and completed operations coverage with no exclusion for booth vendors. 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
$1,000,000 per occurrence. Event Producer shall supply City with a fully executed additional insured
endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement
and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired
and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of
the Labor Code, Event Producer, if Event Producer has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Event Producer agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Event Producer is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Event Producer
pursuant to this section:
(i) Event Producer shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution ofthis
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f If Event Producer fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured and
is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this
Agreement. Such termination shall not effect Event Producer's right to be paid for its time and
materials expended prior to notification of termination. Event Producer waives the right to receive
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compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first
class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication
in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
and,
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 Event Producer:
All Access Entertainment
Attn: Mr. Larry Gonzalez
2130 Sawtelle Boulevard, Suite 304
Los Angeles, CA 90025
telefacsimile (310) 914-8313
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the
new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be
effective or deemed to have been given three (3) days after it has been deposited in the United States
mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission report
issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
10. CONTRACT ADMINISTRATOR
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The Deputy City Manager for Development Services or his designee, shall be City's Contract
Administrator for this Agreement and all approval and notices required to be given herein shall be so
directed and addressed.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Event
Producer, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed
by the City and by an authorized representative of Event Producer. The parties agree that any terms
or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,
the terms and conditions hereof, shall not bind or obligate Event Producer or the City. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party that are not
embodied herein.
12. DISCRIMINATION
Event Producer shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defmed and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Event Producer affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
13. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any ofthe clauses of this Agreement shall
be determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
14. INDEMNIFICATION AND HOLD HARMLESS CLAUSE
Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, and representatives 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 Event
Producer or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in section 1 of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable, including any claims
made by artist or representatives of artist that the City has vio lated any copyright law( s) relief is due
by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by
reason of the terms of, or effects, arising from this Agreement. The Event Producer further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
special counsel to be selected by the City, regarding any action by a third party challenging the
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validity ofthis 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.
15. BREACH
Inasmuch as this Agreement is intended to secure the specialized services of the Event
Producer to perform all necessary functions and activities for the two (2) day Fiestas Patrias Santa
Ana Festival of September 15 and 16, 2007 in Downtown Santa Ana, failure by Event Producer to
perform the Scope of Work, at a minimum specified in Section l(a)-(s) and Exhibit A, shall be
considered a material breach of this agreement. The City shall be entitled to all legal and equitable
remedies including but not limited to incidental and consequential damages.
16. ASSIGNABILITY
Inasmuch as this Agreement is intended to secure the specialized services of Event Producer,
Event Producer may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent 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 ofthe services which are the subject to this
Agreement performed by City personnel or by other Event Producers retained by City.
17. COMPLIANCE WITH COPYWRITE LAWS
Event Producer understands that the songs used by its performers may be copywritten music
pursuant to federal law, and, if so, that the Artist may have certain rights relative thereto. This
Agreement is explicitly made subject to the artist rights under any such agreement and any applicable
law or regulation, if any. To the extent that there is a conflict between any such agreement, applicable
law or regulation and this Agreement, the terms of such, applicable law or regulation shall prevail.
Event Producer shall defend, indemnify and save harmless City, its officers, agents,
volunteers and employees, against any and all damages from any and all claims, demands, suits,
actions, or proceedings of any kind of nature, including, but not by way of limitation, violations of
federal copywrite laws and/or regulations or by anyone whomsoever, in any way resulting from or
arising out of Event Producer's acts or omissions in connection with this Agreement, including acts
or omissions of subcontractors and acts or omissions of employees or agents of Event Producer or its
subcontractors.
18. LICENSES
Event Producer shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Event Producer shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
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19. CONTINGENCY PROVISION
Said Agreement is contingent upon receiving no later than 4:00 p.m. today, August 6,2007, a
copy of either a formal, fully executed termination of the agreement between Event Producer and La
Calle Cuatro de Santa Ana (LACCSA) to produce the same or similar event or a fully executed
release signed by LACCSA releasing Event Producer of the mutual obligations under the agreement.
If a copy of said release or termination is not received as indicated above, this Agreement shall be
null and void and shall have no force or effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
frrst above written.
PATRICIAE.HEALY'
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: t~~)
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
EVENT PRODUCER
~)"
Step en G. H~g
Deputy City Manager for
Development Services
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EXHIBIT A
OPERATIONAL CONDITIONS/SCOPE OF WORK
1. Set up conditions
a. All Access shall provide all necessary equipment, resources and manpower to develop
and produce the Event.
b. Street closures for the entire festival boundaries will begin Friday, September 14 at
8:00 a.m.
c. "No Parking" signage must be posted on those portions of the street that will be
affected by the closure 24 hours in advance of the event. Said posting shall be
conducted by City staff and reimbursed by All Access.
d. All Access shall pay for traffic control layout plan for the event.
e. All Access shall pay for the set up of traffic control for the event; barricaded streets
are to be staffed by private security maintaining traffic control setup during the event
as approved by the City's Risk Management Division following the specification of
the City's Public Works Agency's Traffic Division; tear down of traffic control at the
end of the event.
2. Trash
a. All Access will maintain continuous litter control during the entire Event to include:
1. Maintain a professional cleaning crew during all open times of the event. All
Access shall not allow trash to accumulate on the streets & sidewalks at any
time during the event.
11. Maintain dumpsters strategically placed throughout the event boundaries to
contain trash from the event. Dumpsters shall be placed to avoid the front of
establishments, where possible.
111. Have dumpsters emptied after the event closes on Saturday night and prior to
the opening on Sunday morning. Sufficient dumpster capacity for all trash
generated during the fmal cleanup of the Event on Sunday evening shall be
maintained for those crews. Dumpsters shall be promptly removed at the end
of the event and before streets are reopened to the general public.
3. Break down conditions
a. The teardown of the festival will begin at 10:00 p.m. on Sunday, September 16, with
the exception of the carnival area.
b. Main and Broadway must be open to vehicular traffic no later than 5:00 a.m. on
Monday, September 17.
c. The entire festival boundaries must be open to vehicular traffic no later than 8:00 a.m.,
Monday, September 17.
d. The teardown of the area on 3rd Street between Main and French and on Bush Street
between 3rd Street and 4th Street cannot begin until 7:00 a.m. on Monday, September
17, and must be completed and open to traffic no later than 5:00 p.m. on Monday,
September 17.
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EXHIBIT A
OPERATIONAL CONDITIONS/SCOPE OF WORK
4. Clean up
a. Cleaning of the sidewalks within the boundaries of the festival will be steam cleaned
by a contractor approved by the City. All Access shall have all areas cleaned
beginning Monday, September 17 and completed no later than Friday, September 21.
Loft owners shall be provided 24 hours notice before sidewalks in front of the Lofts
are steam cleaned. Map of area to be cleaned is attached as Exhibit C (highlighted in
light blue and purple ~4th Street between Ross and French; S~urgeon, Bush and
Sycamore between 3r and 5th;Main Street between 18t and 5t ; and 3rd Street between
French and Sycamore).
b. Access must be provided for emergency vehicles at all times (Minimum 20 foot
width).
5. Vendor/Sponsor/Food booth management - Ownership
a. Vendorlbooth vehicles cannot reenter the Festival once it has started and until 11 :30
p.rn. on Saturday and 9:30 p.m. on Sunday night or until it is determined to be safe for
the general public by the Police Department Official in charge at the Fiesta.
b. All noise generated by this event shall remain within levels specified in S.A.M.C.
Section 18-132. Specifically noise levels shall not exceed 55 db between the hours of
7 a.m. to 10 p.m. and not to exceed 50 db between the hours of 10 p.m. to 7 a.m.
S.A.M.C. Section 10-153 (Loud and Raucous Notice) must be abided by all at all
times.
c. All booths' canopy support poles closest to the public sidewalk must be kept pushed
up to the curb at all times. The front support posts cannot be placed past the gutter.
d. Vendor vehicles must park in assigned locations at all times. Vendor vehicles parked
unauthorized locations will be towed at the vendor's expense.
e. A 20- foot wide fire lane must be maintained behind each stage at all times. Any
vehicles blocking this area will be towed at the owner's expense.
f. Vendor booths are prohibited from placing items on the public sidewalk except in
those areas as approved on the official site plan, and are prohibited from attaching rear
tarp or stacking merchandise that obstructs street visibility to the retail storefronts
behind the booths.
g. Portable fire extinguishers are required for all booths and rides.
h. No tables, chairs or other items can be placed in front of the approved booth locations.
1. All booths must maintain their area in a clean condition at all times. It is prohibited to
dump trash, food, etc on the event grounds. It is further prohibited to dump grease
anywhere, except in pre-approved containers. Failure to follow these rules will result
in loss of security deposit.
J. No flyers, newspapers, and/or pamphlets are to be distributed except by booth vendor
or sponsor with committee approval.
k. No speakers outside booth and no live entertainment are allowed except on the
approved stages.
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EXHIBIT A
OPERATIONAL CONDITIONS/SCOPE OF WORK
1. There will be NO amplified music or vocal presentations allowed in vendor booths
within the event except where previously authorized in writing by the City and on the
main entertainment stage and the community stage.
m. All cooking in all booths at the Fiesta must cease cooking a minimum of one hour
prior to the closing of the festival each night, i.e. Saturday at 7:00 p.m., Sunday at 6:00
p.rn. Vendors may not sell or give away product after the closing time of the event.
n. City shall retain ownership of the complete sponsorship list to include any and all
additional sponsors that are acquired during the course of this License Agreement. All
Access shall be required to submit, in electronic format, all records relating to the
event to City. Said list shall include specific points of contact with addresses and
phone numbers.
o. It is prohibited to sell canned or glass beverages without City approval.
p. All food booths must comply with all state health regulations at all times.
q. Food vendors must obtain a California Health Permit, and must obey all health laws.
r. Food vendors must have a fire extinguisher that is up to date, or vendor will not be
permitted to serve food.
s. No homemade gas lines or propane bottles or use of charcoal is permitted.
t. All booths must have a City of Santa Ana Business License or a One-Day Peddlers
License.
6. Conditions during event
a. Access must be provided for emergency vehicles at all times (Minimum 20 foot
width).
b. All Access agrees not to sell or distribute any alcohol or tobacco products during the
Festival event or allow massage related vendors.
c. All Access will pay for a standing fire watch during the entire event.
d. All Access will pay for code enforcement during the event.
e. All Access will pay for all police personnel needed to protect the safety of people
attending the event, crowd control, etc. during the entire event.
f. All Access will pay for all Parks and Recreation staff, and City equipment.
g. All Access will pay for event Insurance.
h. All Access will pay for required state licensed uniformed security staffing at the levels
set by the City Police Department. Said staffing shall cover perimeter barricades,
overnight security, roving patrol during the event, Federal property protection, and
security for stages. The security staff shall take final direction and instruction from
the City Police Department supervisor in charge of the event.
1. All Access shall provide and pay for additional fencing and protection for the Federal
Courthouse property as mandated by the Federal Courthouse management.
J. All Access shall provide and pay for additional fencing and protection for the
entertainment stages as determined by the City Police Department.
k. Event hours will be during the following time periods:
i. Saturday, September 15th: 12:00 p.m. to 8:00 p.m.
ii. Sunday, September 16th: 12:00 p.m. to 8:00 p.m.
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EXHIBIT A
OPERATIONAL CONDITIONS/SCOPE OF WORK
1. The main stage will be activated during the following time periods of the festival:
i. Saturday, September 15th: 12:00 p.m. to 10:00 p.m.
ii. Sunday, September 16th: 12:00 p.m. to 7:00 p.m.
m. The community stage will be activated during the following time periods of the
festival:
i. Saturday, September 15th: 12:00 p.m. to 8:00 p.m.
ii. Sunday, September 16th: 12:00 p.m. to 7:00 p.m.
Entertainment on any stage is prohibited from tossing giveaways into the crowd. This
also applies to the live remotes from any radio station.
13
EXHffiIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countenignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
14
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