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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 N d O C U M ri O N a' v a v v a ' a' v a W X C C C C C C C m U m U m U m U m U m U m U lD Cf r-4 U) t0 N lzr c-I ri ri r-I ri r-I r-I O O O O O O O O Ln O In In o O O m cV I.n r- N O O In N C 00 -ZF 00 N' ? r,? -?F N 07 ? G' en OJ N ' v L O 0 C (3) C: Qj N co , • 0 C L L L C L a -F u u u -F u 0 °?' 0 0 0 ? o IL 4° co ° w ° a? O °' v ' O y 00 - LL LL LL LL 41 41 m O fa > r4 ? M r? U ri V) M o0 N Ql ' L T-1 O t ?n N .--I of MO Q) N L c ID OA O CL m < a o a Q m L m m a N U N m L O m L C a C t E L 0 E O L OL t0 N OL M vn U w U e-i N M In ID I? 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