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HomeMy WebLinkAbout20A - AA - AGMT CARNIVALS AT CITY PARKSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: (APRIL 15, 2014 TITLE: AGREEMENT AMENDMENTS FOR ROBERT ACOSTA & ASSOCIATES AND FIESTA DE CARNIVAL TO PROMOTE CARNIVALS AT CITY OWNED PARKS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 sl Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO WITIM90 Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Robert Acosta & Associates to remove the Delhi Park and Rosita Park Carnivals for $4,500 each, subject to non - substantive changes approved by the City Manager and City Attorney. Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Fiesta de Carnival to include the Rosita Park Carnival for $4,500, subject to non - substantive changes approved by the City Manager and City Attorney. Approve an appropriation adjustment reducing the projected carnival revenue in the amount of $4,500 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and reducing the appropriation to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300) by the same amount. DISCUSSION Annually, the Parks, Recreation and Community Services Agency (PRCSA) provides safe, clean, low cost carnival events for the community. On January 21, 2014 the City Council approved agreements with Robert Acosta & Associates and Fiesta de Carnival to promote various park carnivals. City staff has been in discussions with Robert Acosta and Associates. The promoter is unable to undertake the carnivals scheduled for April 25 -27 at Delhi Park and June 6 -8 at Rosita Park. An agreement amendment is being requested to remove the Delhi Park and Rosita Park carnivals from the agreement, Fiesta de Carnival indicated to the City that they would be able to promote a carnival at Rosita Park on May 9 -11. Therefore City Staff is requesting an agreement amendment to allow Fiesta de Carnival to promote the carnival as indicated. No substitute has been identified for the Delhi Park Carnival. 20A -1 Carnival Agreement Amendments and Appropriation Adjustment April 15, 2014 Page 2 FISCAL IMPACT The appropriation adjustment will reduce the projected carnival revenue in the amount of $4,500 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and reduce the appropriation of an equal amount to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). A� -4 - #': � Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gu tier e , a ,� -- - -- ��3 Executive Director Finance and Management Services Agency 20A -2 AMENDMENT TO NON- EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AMENDMENT, made and entered into this 15`x' day of April, 2014 by Robert Acosta & Associates (hereinafter "Promoter "), 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. On January 21, 2014, the City Council approved the Agreement for Promoter to promote various park carnivals hereinafter referred to as "said Agreement ". B. The parties desire to amend said Agreement to remove two (2) carnival events from Promoter's events to promote. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Section 3 of said Agreement shall be amended to remove the promotion of the carnivals at Delhi Park (April 25 -27, 2014) and Rosita Park (May 9 -May 11, 2014). Promoter will only promote the carnival at Cesar Chavez /Campesino Park (October 10 -12, 2014) 2. The total amount of fees Promoter shall pay to City shall accordingly be decreased to Four Thousand Five Hundred Dollars ($4;500.00). 3. All other terms and conditions included in said Agreement shall remain unchanged and have the same force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City (Attorney By: Lisa Storck Assistant City Attorney DAVID CAVAZOS City Manager PROMOTER: Robert Acosta & Associates Robert Acosta Owner 20A -3 20A -4 AMENDMENT TO NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AMENDMENT, made and entered into this 15'x' day of April, 2014 by Fiesta De Carnival (hereinafter "Promoter "), 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. On January 21, 2014, the City Council approved the Agreement for Promoter to promote various park carnivals (Agreement A -2014 -021) hereinafter referred to as "said Agreement ". B. The parties desire to amend said Agreement to add an additional carnival event for Promoter to promote. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Section 3 of said Agreement shall be amended to add the carnival at Rosita Park to be held on May 9 -May 11, 2014. Promoter agrees to pay the City and City agrees to accept from Promoter an additional $4,500 for said promoting this carnival, The total amount of fees Promoter shall pay to City shall accordingly be increased to Twenty Seven Thousand Dollars ($27,000.00). 2. Exhibit A, attached hereto and incorporated herein reflects all of the carnival events and fees undertaken by Promoter. 3. All other teens and conditions included in said Agreement shall remain unchanged and have the same force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: c" Ltr Lisa Storck Assistant City Attorney DAVID CAVAZOS City Manager PROMOTER: FIESTA DE CARNIVAL Ted Holcomb Owner 20A -5 EXHIBIT A Fiesta de Carnival 2014 Carnival Dates 20A -6 Park Date Promoter Revenue 1 Cesar Chavez /Campesino April 4-6 Fiesta De Carnival 4,500 2 Rosita May 9 -11 Fiesta De Carnival 4,500 3 Madison May 23 -26 Fiesta De Carnival 8,750 4 El Salvador June 13 -15 Fiesta De Carnival 2,250 5 Madison August 29 -31 & Sept. 1st Fiesta De Carnival 7,000 27,000 20A -6