HomeMy WebLinkAbout20B - AA - CARNIVALS AT CITY PARKSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
AGREEMENTS AND APPROPRIATION
ADJUSTMENT FOR CARNIVALS AT CITY
OWNED PARKS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2"d 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
with Fiesta de Carnival in the amount of $22,500 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
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. Authorize the City Manager and Clerk of the Council to execute the attached agreement
with Robert Acosta & Associates in the amount of $4,500 for a one-year term, subject to
non-substantive changes approved by the City Manager and City Attorney.
4. Approve an appropriation adjustment recognizing projected carnival revenue in the amount
of $42,250 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
Annually, the Parks, Recreation and Community Services Agency (PRCSA) strives to provide safe,
clean, low cost carnival events for our community. This year, PRCSA is proposing seven carnivals
on the dates and park locations listed in Exhibit A. PRCSA hires a carnival promoter to conduct
the carnivals and the promoter pays all applicable City fees, including a fee to help renovate the
park turf and make other small improvements at the completion of the carnival.
Fiesta De Carnival, "O" Entertainment and Robert Acosta and Associates were selected using the
City's Request for Proposals (RFP) process in 2012. The proposed agreements are for the second
of three one-year terms solicited in the 2012 RFP. All three promoters have worked in Santa Ana
20B-1
Carnival Agreements and AA
January 22, 2013
Page 2
for many years and have performed well under the existing agreements. The projected annual
revenue of $42,250 will be used to fund deferred maintenance needs at the carnival locations.
FISCAL IMPACT
The appropriation adjustment will recognize projected carnival revenue in the amount of $42,250 in
the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and
appropriate same to the Recreation Special Fees and Donations expenditure account (no.
02213200 62300).
APPROVED AS TO FUNDS AND ACCOUNT:
ra o MOt xe tive
for
arks, Recon and
Community Services Agency
Francisco Gutierrez, Executive Director
Finance and Management Services Agency
20B-2
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20B-3
Exhibit A
20B-4
FIRST AMENDMENT TO EXTEND
NON-EXCLUSIVE AGREEMENT WITH FIESTA DE CARNIVAL
TO PROVIDE CARNIVALS AT CITY PARKS
THIS FIRST AMENDMENT is entered into this 22"d day of January, 2013, by
between Fiesta de Carnival (hereinafter "Operator"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City").
RECITALS:
A. The parties entered into Agreement A-2012-021 on February 6, 2012, (said
"Agreement") by which Operator has conducted carnivals in City parks.
B. In accordance with the terms and conditions of the Agreement, the parties wish to
amend and extend said Agreement for a one-year period and to revise the Schedule of
Events.
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
First Amendment to Non-Exclusive Agreement, the parties agree as follows:
1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates
and fees for the 2013 carnivals as follows:
Park Date Max Event
Size Revenue
Cesar
Chavez/Campesino April 5-7 14 rides $4,500
Madison May 24-27 12 rides $8,750
El Salvador June 14-16 15 rides $2,250
Madison Aug. 30 - Sept. 2 12 rides $7,000
$22,500
2. Section 5, TERM shall be amended to extend the term through December 31, 2013.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
[Signatures on Next Page]
Exhibit B
20B-5
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Non-Exclusive Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community
Services Agency
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
FIESTA DE CARNIVAL
TED HOLCOMB
Owner
2
20B-6
FIRST AMENDMENT TO EXTEND
NON-EXCLUSIVE AGREEMENT WITH O ENTERTAINMENT
TO PROVIDE CARNIVALS AT CITY PARKS
THIS FIRST AMENDMENT is entered into this 22nd day of January, 2013, by
between O Entertainment (hereinafter "Operator"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City").
RECITALS:
A. The parties entered into Agreement #2012- , on February 6, 2012 ("said
Agreement") by which Operator has conducted carnivals in City parks.
B. In accordance with the terms and conditions of the Agreement, the parties wish to
amend and extend the Agreement for a one-year period and to revise the Schedule of
Events.
WHEREFORE, in consideration of the covenants contained in the Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
First Amendment, the parties agree as follows:
1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates
and fees for the 2013 carnivals as follows:
Park Date Max Event Size Revenue
Jerome March 8-10 16 rides $ 8,250
Jerome August 9-11 16 rides $ 7,000
$15,250
2. Section 5, TERM shall be amended to extend the term through December 31, 2013.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
[Signatures on Next Page]
1
206'7
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to Non-Exclusive Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community
Services Agency
O ENTERTAINMENT
Troy Hassett, Vice President
Tax ID No.
2
20B-8
FIRST AMENDMENT TO EXTEND
NON-EXCLUSIVE AGREEMENT WITH ROBERT ACOSTA & ASSOCIATES
TO PROVIDE CARNIVALS AT CITY PARKS
THIS FIRST AMENDMENT is entered into this 22°a day of January, 2013, by
between Robert Acosta & Associates (hereinafter "Operator"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California (hereinafter "City").
RECITALS:
A. The parties entered into Agreement A-2012-023 on February 6, 2012 ("said
Agreement") by which Operator has conducted carnivals in City parks.
B. In accordance with the terms and conditions of the Agreement, the parties wish to
renew the Agreement for a one-year period and to revise the Schedule of Events.
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
First Amendment, the parties agree as follows:
1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates
and fees for the 2013 carnivals as follows:
Park Date Max Event Size Revenue
Rosita Cancelled 16 rides -
Cesar
Chavez/Campesino October 11-13 14 rides $4,500
Delhi Cancelled 14 rides -
$4,500
2. Section 5, TERM shall be amended to extend the term through December 31, 2013.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
[Signature Continued on Next Page]
1
20B-9
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Non-Exclusive Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community
Services Agency
ROBERT ACOSTA & ASSOCIATES
Robert Acosta, Owner
Tax ID No.
2
20B-10