HomeMy WebLinkAbout19G - RFP - EVENT PRODUCTION SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 6, 2011
TITLE:
REQUEST FOR PROPOSALS FOR
PROVIDING EVENT PRODUCTION
SERVICES
r'
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2" d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Parks, Recreation and Community Services Agency to issue a Request for
Proposals (RFP) to qualified companies to provide event production services for the City of Santa
Ana.
DISCUSSION
Santa Ana has conducted an annual Cinco de Mayo Festival in May for the past 12 years and an
annual Fiestas Patrias Festival in September for the past 33 years in the downtown area, both of
which are Orange County's largest street festivals for these holidays. These festivals include food
and non-food vendors, top Latin billboard entertainment, a carnival, and other activities. As part of
the Fiestas Patrias event, a two-hour parade is produced on the last day of the festival, which
includes marching bands, floats, vehicles, and performers. The Parks, Recreation, and Community
Services Agency (PRCSA) has been designated as the lead agency to produce and manage these
events. The festivals are intended to attract a wide audience base by providing a broad variety
and mixture of entertainment and family oriented activities.
PRCSA seeks a qualified event producer to develop and produce with the City the overall brand,
develop and implement a detailed promotional strategy, produce all promotional materials,
develop and implement a sponsorship plan, and execute the event production, coordination, and
artistic management. The producer will be responsible to pay all costs associated with the planning
and production of these events, including the costs of performers, all equipment and support
personnel, security, set up, clean up, sponsorship acknowledgement, insurance, taxes, fees and
any other costs involved in undertaking the events on behalf of and to the full satisfaction of
PRCSA.
19G-1
Event Production RFP
September 6, 2011
Page 2
The Request for Proposals (Exhibit 1) will solicit proposals from qualified firms capable of
producing these events. The recommended vendor agreement will be submitted for City Council
approval after the review of proposals has been completed sometime this fall.
FISCAL IMPACT
There is no fiscal impact associated with this action.
-, - r?
..' 4? Gerardo Mouet
Executive Director
Parks, Rec. and Com. Svcs. Agency
Exhibit 1: RFP Scope of Work
19G-2
REQUEST FOR PROPOSALS
RFP 11-041
FOR PROVIDING MAJOR EVENTS IN DOWNTOWN SANTA ANA
Production of the Cinco De May Street Festival in May
Production of the Fiestas Patrias Street Festival in September, including
Financial Support and Collaboration/Coordination with the Fiestas Patrias Parade
Financial Support for the Fiestas Patrias Film Festival
KEY RFP DATES:
Issue Date: September 8, 2011
Pre-proposal Conference: September 22, 2011
Proposal Due Date: October 11, 2011
Exhibit 1
19G-3
REQUEST FOR PROPOSAL
Notice is hereby given that sealed proposals will be received per the attached specifications, at the
Parks, Recreation and Community Services Agency (PRCSA), Budget and Accounting Section, 26
Civic Center Plaza, Santa Ana, California, 92702 until 4:30 P.M., October 11, 2011
FOR PROVIDING MAJOR EVENTS IN DOWNTOWN SANTA ANA
Production of the Cinco De May Street Festival in May
Production of the Fiestas Patrias Street Festival in September, including
Financial Support and Collaboration/Coordination with the Fiestas Patrias Parade
Financial Support for the Fiestas Patrias Film Festival
MAILED proposals should be addressed as follows:
Parks, Recreation and Community Services Agency
Budget and Accounting Section M-75
P.O. Box 1988
Santa Ana, CA 92702
Attn: Silvia Cuevas
or delivery by hand or courier to:
Parks, Recreation and Community Services Agency
Budget and Accounting Section
26 Civic Center Plaza
Santa Ana, CA 92702
Attn: Silvia Cuevas
Note: PRCSA is located on the second floor of the Santa Ana Main Library.
It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be
received by the Budget and Accounting Section prior to proposal due date and time. Late proposals
will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section
will be the governing time for acceptability of proposals. Faxed or electronic proposals will not be
accepted.
If further information is needed regarding proposal submission, contact Robert Carroll, via email at
rcarroll@santa-ana.org, or phone at (714) 571-4218.
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I. GENERAL
A. RFP PROCESS AND GENERAL TERMS
1. PROPOSAL SUBMISSIONS
Proposals must be submitted to the PRCSA Budget and Accounting Section in a sealed
envelope showing on the outside, the name of the bidder, RFP NO. 11-XXXX and the proposal
due date and time. All proposals must be signed by an authorized representative of the vendor.
Please submit one original and eight photo copies.
2. PROPOSAL WITHDRAWAL
Proposals may be withdrawn by written request received before the hour set for the opening.
After that time, the vendor may not withdraw proposals for a period of ninety (90) days from
the date of the opening.
3. LATE PROPOSALS
It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time
to be received by the PRCSA Budget and Accounting Section prior to the proposal due date and
time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible
for proposals lost or delayed in the mail. Late proposals will be returned to the vendor
unopened.
4. AGREEMENT
Successful vendor(s) will be required to enter into an Agreement with the City of Santa Ana.
The agreement term will be for a two-year period, with the option of extending the Agreement
for two additional two-year terms. The Agreement shall be in a form similar to that set forth as
Attachment C.
5. 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.
6. RECEIVING TIME
The receiving time in the Budget and Accounting Section will be the governing time for
acceptability of proposals. Faxed or electronic copies will not be accepted.
7. COMPLIANCE WITH LAWS
All proposals shall comply with current federal, state, and other laws relative thereto. Vendor
further agrees that the services proposed comply with all applicable Federal, State, and local
occupational safety and health laws, standards for regulations, and that vendor will indemnify
and hold the City harmless for any failure to so conform.
8. REFERENCE TO SUCCESSFUL VENDOR
The terms vendor, supplier, proposer, or contractor may be used interchangeably in these
specifications and shall refer exclusively to the vendor(s) with whom the City enters into
contract as a result of this request for proposal.
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9. INQUIRIES
Refer inquiries in writing via email to Robert Carroll, rcarroll@santa-ana.org. Questions will
be accepted up until the pre-proposal conference. Responses will be provided to those in
attendance at the pre-proposal conference electronically via e-mail.
10. RIGHTS RESERVED
The City of Santa Ana reserves the right to reject any or all proposals or to waive any
informality or technical defect in a proposal. The City reserves the right to contract with anyl
all, or none of the vendors who submit proposals.
11. E-MAIL COMMUNICATIONS
To facilitate the RFP process, vendors are required to monitor and respond to e-mail requests
on a daily basis.
12. PRE-PROPOSAL CONFERENCE
A pre-proposal conference will be held at 10:00 a.m. on September 22, 2011 at the Central
Library Meeting Room A, Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571-4218,
by September 20. All proposers are strongly encouraged to attend.
13. DISCLOSURE
Any information, other than cost and price, which a vendor does not wish to have disclosed,
other than for the purpose of evaluation, should have each applicable sheet or part marked
"Proprietary and Confidential" - this data shall not be disclosed or duplicated, used or disclosed
in whole or in part for any purpose other than to evaluate the response.
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II. SCOPE
A. OVERVIEW AND OBJECTIVES
Purpose
The City of Santa Ana is seeking proposals from qualified event production companies to produce the
2012 Cinco de Mayo and Fiestas Patrias Festivals, with an agreement term to the successful proposer
of two-years, with the option of extending the Agreement for two additional two-year terms.
Background
The City is interested in providing quality events in the downtown area that will attract a wide audience
base by providing a broad variety and mixture of entertainment as well as festival activities designed to
attract a wide age range, including family oriented activities. An important aspect of these events is
also to promote the Santa Ana downtown area and local merchants.
Cinco de Mayo Festival: For 12 years, Santa Ana has conducted an annual two-day Cinco de Mayo
Fesitval in historic downtown Santa Ana, which is Orange County's largest Cinco de Mayo event. The
2011 Festival included Top Latin Billboard entertainment throughout the entire weekend including
Fobia, Mexican Institute of Sound, Gustavo Galindo, Ceci Bastida and Grammy winning world music
act, Ozomatli. The event also included food and non-food vendors, carnival rides, and a beer garden.
The successful candidate will be responsible for the planning and production of this event, including
the payment of all City and non-City costs.
Fiestas Patrias Festival: For 33 years, Santa Ana has conducted an annual two-day Fiestas Patrias
event, which is Orange County's largest Mexican Independence Day street festival. The 34`h Annual
Fiestas Patrias will return to downtown Santa Ana this September. Each year over 200,000 visitors
attend the weekend festivities to enjoy food and non-food vendors, a carnival, "El Grito" ceremony,
and Top Latin Billboard entertainment lined up during the entire weekend. The successful candidate
will be responsible for the planning, production, and payment of all City and non-City costs for the
street festival as well as for providing financial support for the parade and film festival and for working
in collaboration and coordination with the City in securing sponsors for the festival and parade.
Fiestas Patrias Parade: As part of the Fiestas Patrias Festival, a two-hour parade is produced
on the last day of the Festival, Sunday and includes marching bands, floats, vehicles, and
performers. Representatives of each of the 32 states in Mexico participate in parade planning
and through parade entries. The City provides sponsorship for each of the 32 Mexican states at
$500 each to help with float decorations and other parade entry costs.
Fiestas Patrias Film Festival: As part of the Fiestas Patrias Festival, the City co-sponsors the
production of a month long cinematic celebration of Orange County's cultural diversity and
rich Latino history in coordination with a local film festival producer. The Film Festival
provides an important cultural celebration for the families and residents of Santa Ana as well as
patrons from around the county. Screenings take place at a variety of local venues and are free
to the general public.
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Event Objectives
The primary objectives of the Cinco de Mayo and Fiestas Patrias Festivals are to:
• Engage the community in a positive and productive planning process that will allow input while
maintaining control to ensure timely and effective event planning and production.
• Provide a quality experience for event visitors with minimal disruption and inconvenience to the
merchants and residents within the Festival boundaries.
• Coordinate with an experienced and professional event production company in order to ensure that
all City and event costs are covered.
• Provide a safe and enjoyable free public event to celebrate Cinco de Mayo and Mexican
Independence Day.
• Provide opportunities to showcase and promote the downtown area and local merchants.
• Provide opportunities for corporate sponsorship.
The Proposer
The City of Santa Ana seeks a qualified event producer to work in cooperation with the City to develop
and produce the overall brand; develop and implement a detailed promotional strategy and produce all
promotional materials; develop and implement a sponsorship plan in collaboration and coordination
with the City, including delivery of any commitments made to sponsors of the event; and execute the
event production, coordination, and artistic management. City personnel will remain available in a
collaborative and supportive role throughout the planning and will sign off key stages as determined by
the agreement.
The Proposer must be highly organized with significant experience in producing events that require
complicated and complex logistical planning. Also critical is experience in effective communication
and coordination between multiple sectors of event planning and management, including City
departments, County services, event sub-contractors and vendors, local merchants and residents, and
other stakeholders.
The successful vendor will be one that demonstrates a clear understanding of the dynamics of the Santa
Ana downtown area and demonstrates experience and expertise in dealing with complex downtown
issues, which naturally result from the residential/commercial mixed use. The successful vendor will
take into consideration the needs of the downtown merchants and residents in the logistics planning in
order to prevent problems with vendor/merchant competition and disruption of business, address the
needs of downtown merchants in terms of festival booth placement, and prevent late night noise and
other disturbances and disruption for downtown residents.
Qualified proposers interested in producing these events are invited to submit proposals that meet the
following program specifications. Your proposal should address each of the items listed in Section
II. B. and will be evaluated against the criteria listed in Section III.
B. SPECIFICATIONS
FINANCIAL OBLIGATIONS
The successful vendor will be responsible for:
• The payment of all costs associated with the Scope of Services, including the cost for all City
services and the costs of performers, all equipment and support personnel, security, set up, clean
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up, sponsorship acknowledgement, insurance, taxes, fees and any other costs involved in
undertaking the Festivals.
• In addition to paying for all City and non-City costs associated with the Scope of Services, the
successful vendor will be responsible for Payment to the City of.
o An amount not less than $10,000 to assist with the City's co-sponsorship of the Mexican state
entries in the Fiestas Patrias Parade as part of the Fiestas Patrias Festival.
o An amount not less than $7,000 to assist with the City's co-sponsorship of production and
promotion of the Film Festival as part of the Fiestas Patrias Festival.
o An amount not less than $45,000 to cover the City's costs for the parade production and
management as part of the Fiestas Patrias Festival.
SCOPE OF SERVICES
The vendor will provide services necessary to brand, fundraise and promote the Cinco de Mayo (May)
and Fiestas Patrias (September) Festivals. The vendor will coordinate site requirements, and produce
and manage the Festivals on behalf of and to the full satisfaction of the Parks, Recreation, and
Community Services Agency (PRCSA), which must include, but may not be limited to:
Financial Operations and Management
• Develop a final event budget and work plan for the Festivals including all planning, promotional,
set up, operational and wind-up costs.
• Provide cash flow financing for event costs. PRCSA will fund the vendor through two to four
draws during the contract term, payment of which will be conditional upon achievement of
defined milestones and conditions to be negotiated within the service contract.
• Procure and pay for all goods and services associated with the Festivals.
• Obtain appropriate event insurance coverage.
• Maintain and report budget information and processes for all revenue and expense categories
subject to the PRCSA'S approval.
Logistics
• As the primary organizer of the Festivals, develop a highly organized, well structured logistical
plan ensuring that all aspects of the Festivals are well-coordinated and attended to prior to, during
and immediately following the Festivals, taking into consideration the dynamics and needs of the
downtown merchants and residents.
• Secure adequate staffing of the Festivals to ensure effective management of on-site logistics,
including a sufficient number of well-trained staff scheduled throughout the Festivals to handle
on-site logistical problems that may arise and to handle last minute decisions and changes.
• Attend meetings with the PRCSA, its representatives and others as required for planning,
implementation, and evaluation of the Festivals.
• Coordinate and contract all requirements which may include sound and lighting systems; audio
and video; staging and technology requirements; tenting; sponsor signage/recognition; power;
water; temporary washrooms; water removal; waste removal; and site security.
• Ensure that all sub-contract vendors have the capacity to adequately staff their areas of
responsibility, including on-site supervision.
• Prepare and submit permit and/or license applications and secure timely permit/license approval.
• Include all logistical costs in the event budget.
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Artistic
• Lead the design of Festival programming in consultation with the PRCSA, including the
development of all talent, headline and local entertainment, VIP/sponsor recognition, and "El
Grito" ceremony.
• Work with PRCSA input to design and produce a creative brand (look and feel) for the
celebration, to be used in all advertising and promotional materials.
• Investigate, book and contract all talent, and arrange payment of talent, in consultation with the
PRCSA.
• Negotiate and contract with all talent and performers, including travel logistics and technical
requirements.
• Ensure permits and insurance requirements are secured by all subcontractors.
• Arrange for and deliver to the PRCSA, signed permissions allowing the PRCSA to use photos
and/or videos of the participating artists prior to the Festivals.
• Include all artistic related costs in the event budget.
Event Planning and Management
• Negotiate a fixed price contract with the PRCSA for the delivery of the Festivals based upon the
Final Event scope.
• Develop and submit a management plan that outlines staff requirements for each team member
and define how the firm's team intends to provide adequate staff to manage the events and what
their role will be.
o Include an organizational structure for management of the event.
o Provide references and resumes for each key team member/staff person who will be
responsible for any major components of event planning and management.
• Include a plan for vendor oversight and the steps that will be taken to ensure compliance by
vendors of rules and regulations, including vendor information meetings or other strategies that
may be utilized.
• Develop and submit a detailed project timeline, including benchmarks and report to PRCSA senior
staff on the achievement of each benchmark.
• Manage all aspects of the Festivals from the point of initial planning to post event evaluation and
report to PRCSA senior staff any issues or problems that arise during planning and coordinate
with PRCSA senior staff to mitigate such issues or problems in a timely manner.
• Manage all aspects of stage production.
• Provide a guest information center (venue information booth, lost and found, First Aid, etc).
• Establish adequate vendor plan, including process for assigning booth space/location, check-in
sites and check-in process, keeping in mind the dynamics of the downtown area and ensuring non-
competition between event vendors and downtown merchants.
• Arrange for hospitality and VIP services as may be required.
• Arrange and supervise labor for all event services in addition to the production management.
• Ensure that all service vendors and sub-contractors have the capacity to provide adequate staff for
their areas of responsibility, including a sufficient number of well-trained staff with decision-
making authority during the events to handle on-site logistical problems that may arise and to
supervise on-site workers to mitigate late night noise and other disturbances.
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• Develop and implement an effective communication strategy between multiple sectors of event
management as well as merchants and residents within the event boundaries to ensure advanced
and detailed knowledge and expectations to prevent problems and political pressure.
• Attend planning meetings for the parade and film festival to ensure coordinated planning with
PRCSA.
• Include all event planning and management costs in the event budget.
Revenue and Sponsorship
• Develop and implement a sponsorship program and other revenue generating endeavors to raise
sufficient funds to cover all event costs, including city and other agency costs.
• Attend planning meetings for the festivals, parade, and film festival and work closely with PRCSA
to coordinate sponsor recruitment and benefits packages to leverage sponsor contributions in a
collaborative manner.
• Acknowledge the City of Santa Ana, PRCSA as Title Sponsor in all print and online promotional
materials and make every effort to acknowledge PRCSA'S contribution in media interviews,
public service announcements and other sponsorship recognition opportunities.
• Create a well-developed sponsorship and revenue generation program to meet the 2012 event
budget sufficient to cover all costs, including the contributions to the film festival and parade. The
revenue generation program potentially could include sponsorships, exhibitor sales, food,
merchandise, concessions and ancillary revenues, taking into account the challenge of working
only with entities approved in advance by the PRCSA.
• Work in consultation with the PRCSA to define sponsorship benefits; identify potential funding
partners; implement the sponsorship plan; and liaise with event sponsors to ensure that benefits are
delivered before, during and after the event.
• Develop and manage all communications with prospective sponsors prior to and immediately
following the Festivals. The producer will seek prior approval from the PRCSA before finalizing
any contribution agreement or commitment.
• Produce and coordinate all arrangement for sponsorship acknowledgement including radio and
newspaper ads as well as any materials and announcements. PRCSA sign-off will be required for
communications and marketing for the Festivals including strategic sponsorship activation and
related strategies, prior to public release.
• Include all sponsorship benefit costs in the event budget.
Marketing and Communications
• Develop and implement a marketing and communications plan for the Festivals, subject to the
approval of the PRCSA. The plan should include, but not be limited to, proposed methods of paid
advertising and associated costs, and earned media (e.g., writing of public service
announcements/media releases/media advisories, content for the PRCSA website, and any other
forms of communications) to market the Event.
• Develop and implement a Customer Relations plan that will provide effective and relevant
communications to the merchants, residents, churches, and others within the event boundaries to
provide advance notice of event activities and to mitigate problems that may arise.
• Develop the design, printing and distribution of event materials such as programs, rack cards,
posters, print ads, banners and signage.
• Recognize that the PRCSA will identify and confirm spokesperson(s) for media opportunities.
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• Supervise the development, production and distribution of information materials (event brochures,
web pages, registration packages, on-site materials).
• Include all marketing and promotional fees in the event budget.
Protocol Management
• Develop and implement a Protocol plan in conjunction with the PRCSA to identify, invite and
support the participation of government and other community representatives.
Management and Support
• Establish and provide timely reporting on financial and event management matters starting every 4
weeks and increasing in frequency towards the event date, as determined by the PRCSA.
• Coordinate all inquiries regarding the Event and manage the information flow between the
PRCSA, volunteers, venue(s) and suppliers.
• Provide required documentation with a final report to the PRCSA, including financial and budget
detail and event recommendations.
Security
• Ensure the backstage area is secure at all times with only authorized person allowed entry.
• Ensure that the Beer Garden is adequately secured at all times with effective intervention as
needed.
• Ensure that effective communications with security personnel is maintained throughout the events
to ensure proper intervention on all security needs, issues, and problems.
• Maintain a high level of communication, timely and effective response, and vigilance of high
security areas, such as backstage and beer garden.
• Negotiate and contract for crowd management activities (i.e. security, barriers and area access),
working in conjunction with the City of Santa Ana and others.
III. EVALUATION OF PROPOSALS
Vendors will be evaluated based on the following evaluation criteria and their ability to provide quality
services. A committee established by the City will evaluate all proposals based on the following
criteria and provide a recommendation to the agency.
Responsiveness to RFP 30%
1. Proposal's compliance with the requirements of this RFP
2. Thoroughness of proposal
3. Quality and scope of program design and implementation plan, including consideration of
potential issues that may arise due to the demographics of the city and the dynamics of the
downtown area and how those issues may be mitigated to prevent problems.
4. Adequacy of financial controls and protection against loss
5. The value of any new product or service suggestions or other new ideas and enhancements
Experience of Firm and Personnel 30%
1. The experience, resources, and qualifications of the firm and individuals assigned to this
account, including manager, supervisors and staff
2. Relevant experience managing similar accounts with public agency clients
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Past Performances 40%
1. Past record of performance on contracts with other cities, governmental agencies or public
bodies, including such factors as reliability, and compliance with contract terms and conditions
2. Past record of advancing the event brand
3. Past record of advancing the event area and local merchants
4. Acceptable, verifiable references
Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals
receiving a score above 70 will be considered for award. The City reserves the right to award the
contract to any proposer with a score above 70.
IV. PROPOSAL AND REQUIRED DOCUMENTS
Vendor must submit a detailed proposal that addresses the specifications and should not to exceed 20
pages. Vendor must also present all information and requested documents with their proposal as
specified below. Applicants are asked to use 12 point Times New Roman font.
A. GENERAL
1. Detailed proposal of services in accordance with the specifications detailed in Section II.
Proposal should take into consideration the evaluation criteria included in Section III. This
section is limited to 20 pages.
2. A preliminary implementation plan and timeline shall be submitted to the City along with the
formal proposal;
3. A preliminary marketing plan, including sample materials;
4. Signed Proposal Form, including any deviations from specifications (Section V);
5. Completed vendor's references sheet (Section VI);
6. Attachments A, B, and C are for reference only, but will be required after the contract is
awarded to the successful vendor.
Vendor must submit one original and eight photocopies of their proposal.
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V. PROPOSAL FORM AND DEVIATIONS
riease aescrioe any aeviations trom the KPY specifications below. If no deviations, state "none".
Deviations:
The undersigned contractor agrees to provide services in accordance with the specifications. I/We have
stated herein the services and fees that I/we will furnish and deliver as specified. Award shall be based
upon the evaluation criteria included in Section III. Where there is a discrepancy between words and
figures, WORDS SHALL GOVERN.
The City of Santa Ana reserves the right to cancel any agreement in the event that terms under
which vendor is contracted are violated.
Name of Vendor
(Person, Firm, Corp.)
Address
Address
Telephone Number
Signature of Authorized Rep.
Name and Title (Please Print)
Date
Fax Number
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VI. 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 company, which demonstrate your
ability to provide services in accordance with the specifications in Section II. 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.
Reference No. 1
Customer Name: Contact Individual:
Address:
Phone Number:
Contract Amount: Year:
Description of equipment and services provided:
Customer Name:
Address:
Reference No. 2
Contact Individual:
Phone Number:
Contract Amount: Year:
Description of equipment and services provided:
Customer Name:
Address:
Reference No. 3
Contact Individual:
Phone Number:
Contract Amount: Year:
Description of equipment and services provided:
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ATTACHMENT "A"
CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does
not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is
in compliance with all federal, state and local directives and executive orders regarding non-
discrimination in employment; and that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities for
minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company employees, outside
recruiting services, especially those servicing minority communities, and to the minority
communities at large.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs
now in effect within your company.
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ATTACHMENT "B"
SAMPLE ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents 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 name insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or
organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be 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 countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
Name Insured
Countersigned by
the endorsement form as part of
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ATTACHMENT "C"
SAMPLE AGREEMENT
CITY OF SANTA ANA SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of , 200_ by
(hereinafter "Contractor"), 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. The City desires to retain a Contractor having special skill and knowledge in the field of
services comparable with "high-level" industry practice.
B. Contractor represents that Contractor is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional "high-level" contractor in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services as set forth in the Services Agreement
Description/Specifications/Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as
the Contractor's Proposal of Services (Exhibit " " hereto) attached to this Agreement. In the event of a
conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this
Agreement shall prevail.
2. COMPENSATION
a. In consideration for the concession rights granted by this Agreement, Contractor agrees to
pay the City $ during the term of this Agreement (To be determined based on formula).
b. Payment by Contractor shall be made within (__) days of the end of each month
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3. TERM
This Agreement shall commence on the date first written above and terminate on
unless terminated earlier in accordance with Section 12, below. This Agreement may be renewed, at
the option of the City, for two additional two-year terms in a monthly concession fee amount of
$ . Such renewal(s) shall be in a writing executed by the Executive Director of the Parks
Recreations and Community Services Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor 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 Contractor performs the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to its employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor 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 Contractor'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. Contractor shall
supply City with a fully executed additional insured endorsement in substantially the form as set forth
in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement 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, Contractor 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,
Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
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d. If Contractor is or employs a licensed professional such as an architect or engineer
Contractor must obtain and maintain 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 Contractor pursuant to
this section:
(i) Contractor 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 Contractor 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 Contractor's right to be paid for its time and materials expended prior
to notification of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION AND HOLD HARMLESS
Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees,
contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, lost profits, restitution, judicial or equitable relief or any other type of damage
whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the
Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates in any way to the services provided by Contractor under this Agreement; and (2) from
any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or
equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects
arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any
other judicial or equitable relief or damages 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 Contractor 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, relative to any action by a third
party challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage
whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's
actions hereunder. City may make all reasonable decisions with respect to its representation in any
legal proceeding.
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7. CONFIDENTIALITY
If Contractor receives from the City information which, due to the nature of such information,
is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in
rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without reference to
information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor 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.
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
With courtesy copies to:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
26 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702
and
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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 Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive agreement between the City and
Contractor, 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 Contractor. 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 Contractor nor 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 parry, which are not
embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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 Contractors retained by City.
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12. TERMINATION AND DAMAGES
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination and by the Contractor upon ninety (90) days written notice. In the event of termination by
the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all
services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to
the City all work product completed as of such date, and in such case such work product shall be the
property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such
purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified
in the Recitals of this Agreement and in the Specifications, Exhibit "E" hereto.
c. Material Breach: If the Director determines the Contractor has failed in the performance of
the duties and/or schedule as provided herein, the Director may consider the Contractor in material
breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1)
withholding all or a portion of payment owed relative to any such failure to perform or for any delay in
performance, and 2) directing the work be accomplished by either City employees or a new contractor
at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs
resulting from any breach, including incidental and consequential damages (see Sample Failure To
Perform Letter, Exhibit " " hereto).
13. DISCRIMINATION
Contractor 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 recruitment, selection, training, utilization, promotion, termination or any other employment
related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
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 by the parties
hereto or arises out of, or in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor 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
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and all other governmental agencies. Contractor shall notify the City immediately and in writing of its
inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said
inability may, at the City's discretion, be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Maria Huizar
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director of the
Parks Recreation and Community
Services Agency
CITY OF SANTA ANA:
DAVID N. REAM
City Manager
CONTRACTOR:
By: _
NAME
TITLE)
Tax ID #
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19G-24