Loading...
HomeMy WebLinkAbout25O - AGMT - PROMOTE CARNIVALSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2014 TITLE: AGREEMENT AMENDMENT WITH FIESTA DE CARNIVAL TO PROMOTE CARNIVALS AT CITY OWNED PARKS (STRATEGIC PLAN NO. 5, 4B) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Fiesta de Carnival to include Fiesta de Carnival as the promoter for the Cesar Chavez/Campesino Park Carnival for $4,500 payable to the City, subject to non - substantive changes approved by the City Manager and City Attorney. 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, O'Entemtainment, and Fiesta de Carnival to promote various park carnivals. City staff has been in discussions with Robert Acosta and Associates. The promoter was unable to undertake the carnival scheduled for October 17 -19, 2014 at Cesar Chavez/Campesino Park. Fiesta de Carnival indicated to the City that they are able to promote a carnival at Cesar Chavez/Campesino Park on November 14-16, 2014. Therefore City Staff is requesting an agreement amendment to include this event as part of the carnivals promoted by Fiesta de Carnival. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4, Support neighborhood vitality and livability, Strategy b, Improve neighborhood quality by locating or providing access to complementary services and public facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods. 250 -1 Carnival Agreement Amendments November 18, 2014 Page 2 FISCAL IMPACT There is no change in the revenue payable to the City therefore there is no fiscal impact associated to this action. Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 250 -2 SECOND AMENDMENT TO NON- EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS SECOND AMENDMENT, made and entered into this 22 "d day of October, 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. On April 16, 2014, the parties amended said Agreement (A- 2014 -094) to add an additional carnival event for Promoter to promote. C. The parties now desire to amend said Agreement again, to include an additional carnival event for Promoter to promote, and increase the fee to be paid by Promoter to the City. 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 Campesino Park to be held on November 14 -16, 2014. Promoter agrees to pay the City and City agrees to accept from Promoter an additional $4,500 for promoting this carnival. The total amount of fees Promoter shall pay to City shall accordingly be increased to Thirty One Thousand Five Hundred Dollars ($31,500.00). 2. Exhibit A, attached hereto and incorporated herein, reflects all of the carnival events and fees undertaken by Promoter. 3. All other terms and conditions included in said Agreement shall remain unchanged and have the same force and effect. 250 -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY:,&4, L 12 Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager PROMOTER: FIESTA DE CARNIVAL Ted Holcomb Owner 250 -4 EXHIBIT A Fiesta de Carnival 2014 Carnival Dates 250 -5 Park Cesar Chavez /Cam pesino Rosita Madison El Salvador Madison Cesar Chavez /Campesino Date April 4 -6 May 9 -11 May 23 -26 June 13 -15 August 29 -31 &Sept. 1st Nov 14 -16 Promoter Fiesta De Carnival Fiesta De Carnival Fiesta De Carnival Fiesta De Carnival Fiesta De Carnival Fiesta De Carnival Revenue 4 ,500 4,500 8,750 2,250 7,000 4,500 31,500 1 2 3 4 5 6 250 -5 250 -6