HomeMy WebLinkAbout20B - AGMT - CARNIVALS AT CITY-OWNED PARKSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 7, 2011
TITLE:
AGREEMENTS WITH FIESTA DE
CARNIVAL AND "O" ENTERTAINMENT
FOR PROVIDING CARNIVALS AT CITY-
OWNED PARKS
Z`
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Fiesta de Carnival in the amount of $46,500 for a one-year term, subject
to non-substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with "O" Entertainment in the amount of $15,250 for a one-year term, subject
to non-substantive changes approved by the City Manager and City Attorney.
3. Approve an appropriation adjustment recognizing projected carnival revenue in the
amount of $61,750 in the Recreation Special Fees and Donations revenue account (no.
02213002 57010) and appropriate funds to the Recreation Special Fees and Donations
expenditure account (no. 02213200 62300).
DISCUSSION
Each year the Parks, Recreation and Community Services Agency strives to provide ten safe,
clean, and affordable carnival events for our community. Fiesta De Carnival and "O"
Entertainment were selected through the City's Request for Proposals (RFP) process in 2009.
The proposed agreements are for the third and final year covered by the 2009 RFP. Both
promoters have worked in Santa Ana for many years and have performed well under the
existing agreements.
In 2011 calendar year, Fiesta De Carnival and "O" Entertainment will provide the carnivals listed
in Exhibit 1. The total projected annual revenue for these agreements is $61,750 per year and
will be used to fund deferred maintenance needs throughout the park system.
20B-1
Agreements and Appropriation Adjustment
for Carnivals at City-Owned Parks
March 7, 2011
Page 2
FISCAL IMPACT
The appropriation adjustment will recognize projected carnival revenue in the amount of
$61,750 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010)
and appropriate funds to the Recreation Special Fees and Donations expenditure account (no.
02213200 62300).
APPROVED AS TO FUNDS AND ACCOUNT:
,I- I l
Gerardo Mouet,
Executive Director
Parks, Recreation and
Services Agency
munity
A ??W'vk i TI% 1% ?L?L -
Francisco Gutierrez,
Executive Director I
Finance and Management Services Agency
20B-2
2011 Carnival Dates
Park 2011 Date Promoter Revenue
1 Jerome March 11-13 "0" Entertainment 8,250
2 Cesar Chavez/Campesino April 8-10 Fiesta De Carnival 4,500
3 Madison May 27-30 Fiesta De Carnival 8,750
4 Rosita June 10-12 Fiesta De Carnival 4,500
5 Centennial July 1-4 Fiesta De Carnival 8,250
6 Jerome August 12-14 "0" Entertainment 7,000
7 El Salvador August 5-7 Fiesta De Carnival 4,500
8 Madison September 2-5 Fiesta De Carnival 7,000
9 Cesar Chavez/Campesino October 7-9 Fiesta De Carnival 4,500
10 Delhi October 21-23 Fiesta De Carnival 4,500
61,750
Exhibit 1
20B-3
20B-4
SECOND AMENDMENT TO AGREEMENT
TO PROVIDE CARNIVALS AT CITY PARKS
THIS SECOND AMENDMENT TO AGREEMENT is entered into on March 7, 2011, by and
between International Promotions, Inc., dba Fiesta de Carnival, a California corporation ("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 ("City").
RECITALS:
A. The parties entered into that certain Agreement A-2009-016, dated February 2, 2009, (hereinafter
"said Agreement") by which Operator has provided has conducted carnivals at City parks.
B. By Amendment A-2009-016-001, dated March 1, 2010, the parties agreed to extend the term to
provide certain carnival operations during the 2010 calendar year.
C. In accordance with the terms and conditions of said Agreement, the parties wish to renew the
Agreement for an additional one-year period, to allow Operator to conduct certain carnivals during
the 2011 calendar year.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the
terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement,
the parties agree as follows:
1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates and
fees for the 2011 carnivals as follows:
Park Date Revenue
1 Cesar Chavez/Campesino Aril 8-10 $4,500
2 Madison May 27-30 $8,750
3 Rosita June 10-12 $4,500
4 Centennial Jul 1-4 $8,250
5 El Salvador August 5-7 $4,500
6 Madison September 2-5 $7,000
7 Cesar Chavez/Cam esino October 7-9 $4,500
8 Delhi October 21-23 $4,500
Total Ci Fees $46,500
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. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and
fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per
day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to
other monetary penalties for failure to perform as set forth throughout the RFP.
2. Exhibit B, Item 35, shall be amended to read, in full, as follows:
1
20B-5
"COMMUNITY OUTREACH BOOTHS - Vendor agrees to provide the City with a booth for
community marketing and outreach. This booth will be in addition to the 20 booths described in
Section II of the RFP. This booth shall be in a prominent location and include one table, two chairs
and one l Ox 10 canopy."
3. Section 5 TERM, shall be amended to extend the term an additional one-year, through December 31,
2011.
4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on
the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
INTERNATIONAL PROMOTIONS, INC.
dba FIESTA DE CARNIVAL
TED HOLCOMB
Owner
2
20B-6
SECOND AMENDMENT TO AGREEMENT
TO PROVIDE CARNIVALS AT CITY PARKS
THIS SECOND AMENDMENT TO AGREEMENT is entered into on March 7, 2011, by and
between "O" Entertainment, a California corporation ("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 ("City").
RECITALS:
A. The parties entered into that certain Agreement A-2009-017, dated February 2, 2009, (hereinafter
"said Agreement") by which Operator has conducted carnivals at City parks.
B. By Amendment A-2009-017-001, dated March 1, 2010, the parties agreed to extend the term to
provide certain carnival operations during the 2010 calendar year.
C. In accordance with the terms and conditions of said Agreement, the parties wish to renew the
Agreement for an additional one-year period, to allow Operator to conduct certain carnivals during
the 2011 calendar year.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the
terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement,
the parties agree as follows:
1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates and
fees for the 2011 carnivals as follows:
Park/Carnival Date License Fee Maximum Size/Scale of Event
Jerome Park
March 11-13, 2011 $8,750 Up to 16 carnival rides, 12 game booths, 20 food
or information booths*. No live entertainment.
Jerome Park
August 12-14, 2011 $7,000 Up to 16 carnival rides, 12 game booths, 20 food
or information booths*. No live entertainment.
$15,250
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. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and
fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per
day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to
other monetary penalties for failure to perform as set forth throughout the RFP.
2. Exhibit B, Item 35, shall be amended to read, in full, as follows:
"COMMUNITY OUTREACH BOOTHS - Vendor agrees to provide the City with a booth for
community marketing and outreach. This booth will be in addition to the 20 booths described in
1
20B-7
Section II of the RFP. This booth shall be in a prominent location and include one table, two chairs
and one 10x10 canopy."
Section 5 TERM, shall be amended to extend the term an additional one-year, through December 31,
2011.
4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on
the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
"O" ENTERTAINMENT
TROY HASSET
Vice President
2
20B-8