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HomeMy WebLinkAboutVELASQUEZ PUBLISHING & PROMOTIONSINSIJRAr?C f)7 )N t C4 c; A-2010-062 Uff WORK MAY CLERK OF C01. N i' , 1ATE 'AGREEMENT WITH VELAZQUEZ PUBLISHING TO PRODUCE THE 2010 SEPTEMBER MEXICAN BICENNTENNIALDOWNTOWN FESTIVAL This Agreement is entered into this 5th day of April, 2010 by and between the City of Santa Ana, a charter City and municipal corporation duly organized and existing under the Constitution and laws of the state of California ("City") and Velazquez Publishing, Inc., a California corporation (hereinafter referred to as "Event Producer"). RECITALS A. The City desired to retain one or more firms having special skill and knowledge in the field of promotion of special events in order to plan and produce the 2010 September Mexican Bicentennial Downtown Festival (hereinafter "Event") for the City. B. Event Producer represents that it has produced similar Events in previous years and that it is able and willing to provide such services to the City. C. By an agreement of even date with this Agreement, City has also contracted with CCG, Inc., dba is MX Live entertainment, which has made substantially similar representations to the City. D. Both entities have executed a joint event management agreement attached as Exhibit B, E. In undertaking the performance of this Agreement, Event Producer represents that it is knowledgeable in its field and that any services performed by Event Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Event Producer in the field. 1. SCOPE OF WORK Event Producer shall, in conjunction with CCG, Inc., dba is MX Live entertainment, (hereinfter "Co-Producer") produce said Event, in the downtown area of the City of Santa Ana. Co- Producer is party to a contract with the City dated even date herewith (the "Co-Producer Agreement"). Each Co-Producer Agreement contains the same Scope of Work set forth below together with Exhibit A and incorporated herein by this reference (jointly, the "Scope of Work"). Event Producer and Co-Producer are also parties to that certain Fiestas de Independecia 2010 Agreement dated March 24, 2010 attached hereto as Exhibit B (the "Service Agreement"). The duties of the each of the Co-Producers under the Scope of Work is intended to be allocated by the Service Agreement. The City agrees to look to the particular Co-Producer for performance where the duty is so allocated in the Service Agreement. Any task in the Scope of Work that is not expressly allocated to one Co-Producer or the other, the Event Producer agrees to be jointly and severally liable with the Co-Producer to the City for that task. The Scope of Work shall be as set forth below, together with Exhibit A: a) EVENT HOURS. Event hours will be during the following time periods: i) Saturday, September 18, 2010: 12:00 p.m. to 10 p.m. for the festival with the carnival closing at 12 a.m. ii) Sunday, September 19, 2010: 12:00 p.m. To 9:00 p.m. for the festival with the carnival closing at 10 p.m. b) LAYOUT and BOOTHS. City shall retain the right to approve the general layout of said Event, including the placement of booths, stages, etc., Boundaries of the event shall extend from the east side of Birch to the west side of Minter on Fourth Street. Third Street from the east side of Spurgeon to the east side of French. Sycamore, Bush, and French Streets from the south side of Fifth Street to the north side of Third Street. Main Street from the south side of Fifth to the north side of First Street. C) THEME. If a theme is considered in addition to the Mexican Bicentennial, City and Event Producer must reach mutual agreement as to said theme. d) 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 15, 2010. City will provide final approval before August 25, 2010, at which time City will provide written approval in the form of a letter from the City Manager or his designee. The stage located at the intersection of Fourth and Mortimer Streets shall be reserved for the official "El Grito" from 6:30 p.m. until 9 p.m. on Saturday, September 18, 2010, at which time all advertising on stage if any, shall be removed, cloaked, or hidden from display. The "El Grito" shall be conducted by the Mexican Consul. The ceremony shall be coordinated between the City, Mexican Consul and the event Producer. C) STAGES. A minimum of two stages and associated entertainment shall be programmed and produced during the event duration. One stage each provided by each Event Producer. One stage shall be located at the intersection of Mortimer and 4th Street. One stage shall be located at the intersection of Broadway and Fourth Streets as outlined in the Service Agreement. f) ALCOHOL and TOBACCO. Event Producer agrees not to sell or distribute or allow the sale of or distribution of any 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. g) 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 promotional materials shall include the City of Santa Ana Downtown Orange County Logo. h) SPONSORSHIP. City shall receive copies of all sponsorship agreements for the Event. All sponsorship agreements/contracts must be between Event Producer and the participating sponsor and not third parties. Sponsor must pay Event Producer directly and not to third parties. i) FEES. Event Producer shall be responsible for all fees and/or costs associated with this event including, but not limited to, additional Police, Fire, Code Enforcement and 2 Public Works; additional security including coverage for downtown parking garages; graffiti removal; and street cleaning. j) 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. k) EQUIPMENT. Event Producer shall provide all necessary equipment, resources and manpower to develop and produce the Event. Equipment is to include lighting for all vendor booths which is to be maintained and fully illuminated until all attendees have vacated the festival and carnival grounds as per the Service Agreement. 1) RIGHT OF FIRST REFUSAL. Event Producer shall provide right of first refusal to merchants with businesses along 4ti' Street and in the Fiesta Marketplace for booths located in front of said businesses at a discounted rate. Requests and payment by merchants for booths are to be received no later than August 1, 2010. m) DISCOUNTED BOOTHS. Event Producer shall provide twelve (12) non-corporate sponsor booths at a discounted rate to the City of Santa Ana Bicentennial Advisory Committee. Requests by the advisory committee for booths are to be received no later than August 1, 2010. Booths are to be located on Fourth Street between Bush Street and Main Street at the rate of $600.00 per 10" by 10" booth. Payment for said booth is to be received no later than August 1, 2010. n) 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 independently from other Event Producer. Moreover, within thirty (30) days after the Event, Event Producer shall reimburse the City all City related costs and expenses as specified in the Service Agreement. o) LOFTS. Event Producer shall exercise caution and special measures to ensure minimal disruption to owners and tenants of the live-work lofts located on blocks bounded by Main Street, 3rd Street, Spurgeon Street and 1st Street (the "Lofts") , including: a. Blocking off the sidewalks on 3rd Street in front of Lofts b. Assume responsibility for any damage done to the Lofts during the course of the Event, including assembly and disassembly c. Ensure that street meters in front of Lofts shall be reserved for Loft owners and their guests, clients, and/or customers d. Compensate Loft owners with pets who choose to board their pets from Thursday through Monday e. Compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximum of $100/per day. P) CARNIVAL. A carnival shall be provided on Third Street from Sycamore to Spurgeon, on Bush from Fourth to Third, and on the Third and Bush surface parking lot. q) 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 and B. r) 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. 2. TERM. This Agreement shall begin April 5, 2010 and terminate the earlier of completion of all accounting for expenses, but no later than December 31, 2010. 3. CONSIDERATION. In consideration for the rights granted hereunder, Event Producer agrees to assume all costs and expenses of the Event (the "Event Costs") not to exceed $45,000. Event Costs shall include, but not be limited to: (i) all direct and indirect personnel and material expenses incurred by the Police Department, Fire Department, Code Enforcement Division, Public Works Agency and any other City department, office or agency required to assign personnel to provide services for the set up, operation or breakdown of the Event; (ii) all contractors and subcontractors retained by the Event Producer to carry out any elements of the Event or this Agreement; and (iii) the fees of a third party parade organizer to be retained by City. Event Producer shall pay the Event Costs no later than October 14, 2010, except that. The Traffic Control equipment private contract in the amount of $9,800.00 shall be paid to the City no later than August 1, 2010 as stipulated in the Service Agreement. 4. LIMITATION OF LIABILITY Without limiting any express financial or liability provisions provided for in this Agreement, City shall not be liable to Event Producer for any indirect, consequential, exemplary, special, incident or putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in connection with this Agreement under any theory of tort, contract, warranty, strict liability or negligence. The foregoing limitation applies to all causes of action and claims, including but not limited to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further understood and agreed that City shall not be responsible for any loss or damage caused by EVENT PROTEST, hostile or warlike action, 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 4 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 pay or 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. 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 violated 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 validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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. 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 C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Event Producer, if Event Producer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Event Producer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Event Producer is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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 of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Event Producer fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Event Producer's right to be paid for its time and materials expended prior to notification of termination. Event Producer waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 6 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: Velazquez Publishing - Promotions Attn: Mr. Sergio Velazquez 2025 S. Main Santa Ana, CA 92707 Telephone: (714) 668-1010 A party may change its address by giving notice in writing to the other parry. 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 The City Manager 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 parry, or anyone acting on behalf of any party that are not embodied herein. 12. NON-DISCRIMINATION Event Producer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other 7 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 of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. 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. 15. BREACH Inasmuch as this Agreement is intended to secure the specialized services of the Event Producer, failure by Event Producer to perform the Scope of Work 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. NON-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 of the services which are the subject to this Agreement performed by City personnel or by other Event Producers retained by City. 17. COMPLIANCE WITH COPYRIGHT LAWS Event Producer understands that the songs used by its performers may be copyrighted 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 copyright laws and/or regulations or by any one 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ` ATTEST: 40" MARIA D. HUIZAR Clerk of the Council CITY ZTA ANA DAVID N. REAM City Manager EVENT PRODUCER T t By Sergio Velazq ez Velazquez Publishing EXHIBIT A 1. Set up conditions - As stipulated in the Service Agreement a. Event Producer shall provide all necessary equipment, resources and manpower to develop and produce the Event as agreed to in the Service Agreement. b. Street closures for the carnival will begin Thursday, September 16, from 6:00 p.m. through 10:00 p.m., and may resume on Friday, September 17 no earlier than 8:00 a.m. c. Street closures for the remainder of the festival boundaries will begin Friday, September 17 at 6:00 a.m. with the exception of Main Street and Broadway which will close at 8 p.m. on Friday, September 17. d. "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 Velazquez Publishing. e. Event Producer 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 as stipulated in the Service Agreement a. Event Producer will maintain continuous litter control during the entire Event to include: i. Maintain a professional cleaning crew during all open times of the event. Event Producer shall not allow trash to accumulate on the streets & sidewalks at any time during the event. ii. 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. iii. Sufficient dumpster capacity for all trash generated during the final 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 as stipulated in the Service Agreement a. The teardown of the festival will begin at 9:00 p.m. on Sunday, September 19, with the exception of the carnival area. b. Main and Broadway must be open to vehicular traffic no later than 6:00 a.m. on Monday, September 20. c. The entire festival boundaries must be open to vehicular traffic no later than 8:00 a.m., Monday, September 20, with the exception of the carnival area. d. The teardown of the carnival 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 20, and must be completed and open to traffic no later than 5:00 p.m. on Monday, September 21. 10 4. Clean up as stipulated in the Service Agreement a. Cleaning of the sidewalks in front of the lofts on Third Street and the streets within the food court areas of the festival will be steam cleaned by a contractor approved by the City. Event Producer shall have all areas cleaned beginning Monday, September 20 and completed no later than Friday, September 25. Loft owners shall be provided 24 hours notice before sidewalks in front of the Lofts are steam cleaned. b. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). 5. Vendor/Sponsor/Food booth management - Ownership as stipulated in the Service Agreement a. Vendor/booth vehicles cannot reenter the Festival once it has started and until 10:30 p.m. on Saturday and 10:30 p.m. on Sunday night or until it is determined to be safe for the general public by the Police Department Official in charge at the Fiesta. b. All ticket sales at any booth including the Carnival must cease one hour prior to closing of the festival each night. c. All noise generated by this event shall remain within levels specified in S.A.M.C. Section 18-132. Specifically noise levels shall not exceed 55 db between the hours of 7 a.m. to 10 p.m. and not to exceed 50 db between the hours of 10 p.m. to 7 a.m. S.A.M.C. Section 10-153 (Loud and Raucous Notice) must be abided by all at all times. d. All booths' canopy support poles closest to the public sidewalk must be kept pushed up to the curb at all times. The front support posts cannot be placed past the gutter. e. Vendor vehicles must park in assigned locations at all times. Vendor vehicles parked in unauthorized locations will be towed at the vendor's expense. f. A 20-foot wide fire lane must be maintained behind each stage at all times. Any vehicles blocking this area will be towed at the owner's expense. g. Vendor booths are prohibited 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. h. Portable fire extinguishers are required for all booths and rides. i. No tables, chairs or other items can be placed in front of the approved booth locations. j. All booths must maintain their area in a clean condition at all times. It is prohibited to dump trash, food, etc on the event grounds. 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. k. No flyers, newspapers, and/or pamphlets are to be distributed except by booth vendor or sponsor with prior city approval. 1. No speakers outside booth and no live entertainment are allowed except on the approved stages or by prior city approval. 11 in. 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. n. All cooking in all booths at the Fiesta must cease cooking a minimum of one hour prior to the closing of the festival each night, i.e. Saturday at 9:00 p.m., Sunday at 8:00 p.m. Vendors may not sell or give away product after the closing time of the event. o. 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. Event Producer shall be required to submit, in electronic format, all records relating to the event to City. Said list shall include specific points of contact with addresses and phone numbers. p. It is prohibited to sell canned or glass beverages without City approval. q. All food booths must comply with all state health regulations at all times. r. Food vendors must obtain a California Health Permit, and must obey all health laws. s. Food vendors must have a fire extinguisher that is up to date, or vendor will not be permitted to serve food. t. No homemade gas lines or propane bottles or use of charcoal is permitted. u. All booths must have a City of Santa Ana Business License or a One-Day Peddlers License. v. In recognition of the non-partisan community nature of the Event, Event Producer agrees that booths shall not be rented to political parties, candidates or campaigns. w. If Event Promoter violates any provisions of this paragraph 5, and such violation is not corrected upon 2 hours notice, Event Promoter shall be liable to the City for liquidated damages equal to the maximum approved booth rental rate for the full term of the Event. 6. Carnival as stipulated in the Service Agreement a. Carnival can begin set up of rides at 6:00 p.m., Thursday, September 16. b. Carnival will not be allowed to store equipment prior to the set up time on City owned property and City right of way without prior city approval. c. Carnival staff will not be allowed to sleep inside the Festival boundaries. d. Carnival must supply restroom facilities for their staff during set up. e. Carnival must provide 2 state licensed uniformed guards in the carnival area overnight each day of the festival. 7. Conditions during event as stipulated in the Service Agreement a. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). b. Event Producer agrees not to sell or distribute any alcohol or tobacco products during the Festival event or allow massage related vendors. c. Event Producer will pay for a standing fire watch during the entire event. d. Event Producer will pay for code enforcement during the event. e. Event Producer will pay for all police personnel needed to protect the safety of people attending the event, crowd control, etc. during the entire event. f. Event Producer will pay for all City Community Development Agency support staff, Parks. and Recreation staff, and City equipment. g. Event Producer will pay for event Insurance. 12 h. Event Producer 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. i. Event Producer shall provide and pay for additional fencing and protection for the entertainment stages as determined by the City Police Department. Event hours will be during the following time periods: i. Saturday, September 18: 12:00 p.m. to 10:00 p.m., Carnival will end at 12:00 a.m. ii. Sunday, September 19: 12:00 p.m. to 9:00 p.m., Carnival will end at 10:00 p.m. k. The stage will be activated during the following time periods of the festival: i. Saturday, September 18: 12:00 p.m. to 10:00 p.m. ii. Sunday, September 19: 12:00 p.m. to 8:00 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. Artist autograph sessions are prohibited without prior city approval Final entertainment schedules are to be provided to the city two weeks prior to the scheduled festival. 13