HomeMy WebLinkAbout25H - AGMT - CINCO DE MAYO EVENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 21, 2015
TITLE:
AGREEMENT WITH CHRISTIANSEN
AMUSEMENT, INC. FOR CARNIVAL
SERVICES AND STRAUB DISTRIBUTING
COMPANY FOR BEER GARDEN
SUPPLY DURING CINCO DE MAYO EVENT
(STRATEGIC PLAN NO. 5, 5C)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1@t Reading
❑ Ordinance on 2n4 Reading
❑ Implementing Resolution
[] Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with
Christiansen Amusement, Inc. for carnival service rights for a term to end on May 31,
2015, subject to non - substantive changes approved by the City Manager and City Attorney.
2. Revenues in the amount of $42,000 will be deposited into the Parks, Recreation and
Community Services Agency revenue account (no. 01113002 53331) for the 2015 Cinco
de Mayo event,
3. Authorize the City Manager and Clerk of the Council to execute an agreement with
Anheuser Busch /Straub Distributing for sponsorship of a beer garden for a term to
continue through the last day of the event, subject to non - substantive changes approved by
the City Manager and City Attorney.
4, Revenues in the amount of $20,000 will be deposited into the Parks, Recreation and
Community Services Agency revenue account (no. 01113002 53331) for the 2015 Cinco
de Mayo event.
DISCUSSION
The Cinco de Mayo event has been positive event for the downtown businesses and surrounding
neighborhoods. This event not only attracts thousands of Santa Ana residents but also visitors
from all over Orange County. The purpose of the event is to celebrate Cinco de Mayo through a
safe family friendly event to include: live entertainment, food booths, info rmational/resouroe booths,
merchandise /service booths, cultural exhibits and carnival rides /games over the three -day
weekend. The 1 ooh Annual Cinco De Mayo Festival will take place on May 1 — May 3, 2015.
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Agreements with Christiansen Amusement, Inc.
and Anheuser Busch /Straub Distributing
April 21, 2015
Page 2
The City of Santa Ana Is contracting with Christiansen Amusement to provide a three -day carnival
at the Cinco de Mayo event. This is a continuation of a long history of this event that provides great
family entertainment in the downtown area. Christiansen Amusement will be responsible for
providing all the equipment, cleanup, notification, security, electricity, carnival rides and games,
vendor booths, and insurance for the event. Christiansen Amusement has provided these services
for the City in the past to the satisfaction of PRCSA and Police Department staff and has therefore
been selected to continue.
In consideration for providing these exclusive rights to Christiansen Amusement, Inc., the City will
receive $42,000 for the event. Christiansen Amusement, Inc. will be obligated to obtain all
necessary licenses, permits, approvals, and waivers.
The City of Santa Ana will enter into a sponsorship agreement with Anheuser Busch /Straub
Distributing, where for its participation as the sponsor for the beer garden, the sponsor shall pay
to the city a sponsorship fee of $20,000. The agreement will obligate the sponsor to provide for a
beer garden, allow the sponsor the right to use trademark(s), trade name(s), logo designs and
company descriptions in accordance with the Sponsor's usage guidelines.
§JR61191g PLAN ALIgNMEN T
Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement &
Sustainability, Objective #5, Promote a strong arts and culture Infrastructure, Strategy C, Promote
arts and culture by partnering with artist groups and merchants to hold events celebrating art in
public plazas, parks and other City - controlled open space
FISCAL IMPACT
Revenues in the amount of $62,000 will be deposited into the Parks, Recreation and Community
Services Agency revenue account (no. 01113002 53331) for the 2015 Cinco de Mayo event.
APPROVEWAS TO FUNDS AND ACCOUNT:
Gerardo Mouet, Francisco Gutierrez,
Executive Directory Executive Director
Parks, Recreation and Community Finance and Management Services Agency
Services Agency
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AGREEMENT WITH CHRISTIANSEN AMUSEMENT'S, INC.
FOR EVENT PRODUCTION
THIS AGREEMENT, made and entered into this 21" day of April, 2015 by and between
Christiansen Amusements, Inc., a California corporation (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. The City will be hosting the annual Cinco de Mayo event May 1 -3, 2015 ( "Event ") for the
enjoyment of its community and residents.
B. Promoter represents that Promoter is able and willing to provide event production services to the City
for these two events,
C. In undertaldng the performance of this Agreement, Promoter represents that it is knowledgeable in its
field and that any services performed by Promoter under this Agreement will be performed in compliance
with such standards as may reasonably be expected from a professional carnival operator in the field.
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. SCOPE OF SERVICES
Promoter shall provide event production for the Cinco de Mayo festival on May 1- May 3, 2015,
( "Event ") complete with the rides, games, ticket booths and sellers, food concessions, equipment and
services as set forth in detail in Exhibit A, attached hereto and incorporated herein. The Event may
include set -up the day prior, and clean -up the day following,
Hours for the Event shall be: Friday 5 PM -11PM, Saturday 12 PM - 12 AM, and Sunday 12 PM
-10 PM. Promoter is responsible for all equipment, clean -up services, security, electricity, carnival rides
and games, vendor booths and insurance for the Event. All mechanical carnival rides must be State
Division of Occupational Safety and Health (DOSPi) Certified.
2. FEESIDEPOSITSIPERMITS/LICENSES
Promoter agrees to pay the City and City agrees to accept from Promoter a guaranteed fee of
Forty Two Thousand Dollars ($42,000.00) for providing Promoter with the right to produce the Event as
set forth in Exhibit A. Said payment to the City shall occur within tlurty (30) days of execution of this
Agreement.
3. SECURITY DEPOSIT
Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the
additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for
interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of
this Agrecment to be kept and performed by Promoter during the Term of this Agreement, or any
extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming
successful completion of all terms and conditions of this Agreement, including those within Exhibit A,
the security deposit, or any remaining portion thereof, shall be returned within 60 days of the Event.
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4. 'PERM
This Agreement shall commence on the date first written above and terminate on December 31,
2015, unless terminated earlier in accordance with this Agreement.
5. NON - POSSESSORY INTEREST
City retains full possession of the its property and Promoter will not acquire any interest
temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the
exercise of the permission given herein. Promoter will make no claim to any such interest, Any violation
of this provision will immediately void and terminate this Agreement.
b. NON- RECORDING
Neither party shall record this Agreement
7. RECORD KEEPING AND AUDIT
A. Promoter shall establish and maintain separate accounting records for the Event.
Promoter's accounting system shall conform to generally- accepted accounting principles and all records
shall provide a breakdown of total costs and revenues associated with the Event.
B. All Promoter's records of revenues and repairs pertaining to the Event referenced hercin
shall be kept for the duration of this Agreement and made available at all times for audit by City upon
request
S. INDEPENDENT CONTRACTOR
Promoter 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, ajoint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Promoter performs the services which are the
subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a
manner consistent with all applicable standards and regulations governing such services. Promoter shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withAiolding taxes.
9. INSURANCE
Prior to undertaking performance of any work relative to the Events under this Agreement,
Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
A. Commercial General Liability Insurance. Promoter and each of its operators and
subcontractors shall maintain commercial general liability insurance which 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 the operations or
performance of this Agreement by Promoter, its operators or subcontractors, 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 $5,000,000 per occurrence. Such insurance shall (a) name the City, its
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officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
not contributory with respect to insurance or self - insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions. Promoter shall supply City with a fully executed
additional insured endorsement in substantially the form attached as Exhibit f3, upon execution of this
Agreement and shall be approved in fonn 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, Promoter, if Promoter has any employees, 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, Promoter agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
D. The following requirements apply to the insurance to be provided by Promoter pursuant
to this section:
i. Promoter 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; and shall state as follows:
"The above detalled coverage is not subject to any deductible or
self - insured retention, or any other form of simllar type lintitation."
iv. A complete and signed certificate of insurance with all endorsements required by
this Section shall be filed with City prior to the execution of this Agreement. At
least thirty (30) days prior to the expiration of any such policy, a signed and
complete certification of insurance showing that coverage has been renewed,
shall be fled with the City.
V. If the certificate of insurance is in the name of the carnival Promoter it shall .
include the name of the City as additionally insured.
E. If Promoter 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.
Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City.
10. INDEMNIFICATION
Promoter agrees to and shall protect, defend, indennfy and save and hold harmless the City, its
officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or
cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising
out of'claims for personal injury, including death, and claims for property damage, which may arise from
the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the set-vices described in Section l and
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Exhibit A of this Agreement; and (2) from any claim that personal injury, damages, just compensation,
restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason
of the events referred to in this Agreement or by reason of the terns of, or effects, arising from this
Agreement. The Promoter further agrees to defend, indemnify, hold harmless, and pay all costs for the
defense of the City, including tees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights
arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding.
Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs
(including without limitation costs and fees of litigation of any nature) arising out of or in connection with
Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations
contained in this Agreement by Promoter, its officers, agents, employees or contractors.
11. HAZARDOUS MATERIALS
Promoter represents and warrants that its Event production will not generate any hazardous
substance, and Promoter will not store or dispose, nor transport any hazardous substance. Promoter
further agrees to clean -up and rernediate any hazardous substance from the Event production, and hold
City harmless from and indemnify City against any release of any such hazardous substance and any
damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and
penalties incurred as a result thereof except any release caused by the negligence of City, its employees or
agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive
substance, or other similar term by any federal, state or local environmental law, regulation or rule
presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from
time to time; and it shall be interpreted to include, but not be Ihn ted to, any substance which after release
into the environment will or may reasonably be anticipated to cause sickness, death or disease.
12. NUISANCE
Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance
as defined in Section 3479 and/or Section 3480 of the Callibmia Civil Code on the park or carnival areas;
and Promoter shall not use or permit any unlawful purpose in the Event production.
13. PUBLIC NECESSITY
City may immediately temporarily suspend operation of this Agreement and the Event production
in the event of public necessity or emergency, as may be determined by the City Manager. Such
suspension will terminate when the public necessity or emergency no longer exists,
14. LIENS
Promoter will not permit any mechanics' or nurterialmens' or other liens to stand against the City
by reason of any use or occupancy by Promoter, or any person claiming under Promoter.
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15. TERMINATION
This Agreement may be terminated by the City without cause upon fourteen (14) days written
notice of termination. City may termmate this Agreement for cause upon three (3) days written notice for
any violation of the teens contained herein.
16. DEFAULT BY PROMOTER
Should Promoter default in the performance of any of the terms, conditions, or obligations
contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement,
terminate this Agreement and contract with another entity for production of any remaining Event(s).
17, INSOLVENCY OF PROMOTER
The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all
or substantially all of the property of Promoter, or the making of a general assignment for the benefit of
creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement.
18. CUMULATIVE REMEDIES
The remedies given to City in this Agreement shrill not be exclusive, but shall be cumulative and
in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement.
19. WAIVER OF 13REACII
The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall
not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or
another provision of this Agreement.
20. CONFLICT OF INTEREST CLAUSE
Promoter 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.
21. 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 detivered in person or mailed by first class or
certified mail, postage prepaid, addressed to the party concerned as follows:
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
Fax 714 - 647 -6956
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Courtesy copies to: Executive Director of Parks, Recreation and Connnunity Services
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714 - 647 -6515
To Promoter: Christiansen Amusements
1725 S. Escondido Blvd., Ste, E
Escondido, CA 92025
Phone (760) 735 -8542
Fax (760)735 -8543
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) clays after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For
purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
22. CONTRACT ADMINISTRATOR
The Executive Director of Parks Recreation and Community Services Agency, or his /her
designee, shall be City's Contract Administrator for this Agreement and all approval and notices required
to be given herein shall be so directed and addressed.
23. COMPLIANCE WITH LAWS
Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the
Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's
own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all
governmental entities, including federal and state, county and municipal, relating to Promoter's use and
occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances,
regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of
competentjurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any
government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall
be conclusive as between City and Promoter and shall be considered grounds for termination of this
Agreement by City. Promoter will obtain all permits and other governmental approvals, required in
connection with Promoter's activities hereunder, and update such permits /approvals as necessary.
24. EXCLUSIVITY AND AMENDMENT
'Phis Agreement represents the complete and exclusive statement between the City and Promoter,
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, including Exhibit A, the terns
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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 Promoter. 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 parties, which are not embodied herein.
25. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter
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 mrll 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 operators retained by City.
26. NON - DISCRIMINATION
Promoter 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 the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
27. 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 taws 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 or arise out of in
connection with or by reason of this Agreement.
28. A'TTORNEY'S FEES
Except as otherwise provided in this Agreement, in the event suit is brought by either party to
enforce the terms and provisions of this Agreement or to secure the performance hereof, the prevailing
party shall be entitled to award of attorney's fees,
29. PROFESSIONAL LICENSES
Promoter 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 and all other
governmental agencies. Promoter shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for immediate termination of this Agreement.
30. BINDING ON HEIRS AND SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be
deemed to be a waiver of any of the conditions against assignment set forth herein.
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31. SURVIVAL
'Perms and conditions of this Agreement, which by their sense and context survive the
termination, or expiration of this Agreement, shall so survive.
32. MISCELLANEOUS PROVISIONS
A. Each undersigned represents and warrants that its signature hereinbelow 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.
(Signatures on.iollowingpage)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. I4UIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:�=
Lisa Storck
Assistant City Attorney
RECOMMEND APPROVAL:
Gerardo Monet, Executive Director
Parks, Recreation & Community Services Agency
9
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CHRISTIANSEN AMUSEMENTS
By:
Title:
Tax ID #
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EXHIBIT A
SCOPE OF WORK
Christiansen Amusements
PROMOTER shall be responsible for the following for the Cinco de Mayo event ( "Event ") in the carnival area as
depicted in Exhibit A -1 attached hereto ( "Carnival Area "):
I. PERMITS - PROMOTER shall secure all required permits for the Carnival Area no later than 2
weeks prior to the Event unless otherwise indicated, including but not limited to:
a. Electrical permits for booths and rides.
b. Tents and canopies larger than 10 feet by 10 feet as required by the City's Planning and
Building Department.
a Health Department permits.
d. Orange County Fire Authority Permits including Fire Department approval for booths and
rides that may block an entire street thereby eliminating the 20 foot clearance requirement
shall be secured two weeks prior to the Event.
II. CLEAN UP - PROMOTER will maintain continuous litter control during the entirety of the Event:
a. Provide a professional cleaning crew to ensure that trash does not accumulate on streets and
sidewalks at any time during the Event.
b. Impose adequate mitigation measures to ensure removal and disposal of grease from food and/or
cooking booths if utilized, including but not limited to the use of grease barrels.
c. Provide and pay for contractor approved by City to steam clean sidewalks in front of Lofts
on Third Street and provide Loft owners 24 hour notice prior to such sidewalk steam
cleaning.
d. Empty and place a clean liner in all City sidewalk trash cans located in Carnival Area including
3rd and Bush parking lot, 3rd, Main, Bush and Spurgeon Streets. This shall be clone throughout
the duration of the 3 -day festival and the Monday following the Event before vacating Carnival
Area,
III. EQUIPMENT - PROMOTER shall provide all necessary equipment, resources and
manpower to develop and produce the carnival Event.
a. Equipment shall include lighting for all vendor booths which is to be maintained and frilly
illuminated until all attendees have vacated the festival and Carnival Area each clay.
b. All equipment, including Porta Potties shall be positioned and serviced so as to prevent
noise and odor disturbances to Loft residents and downtown merchants.
c. PROMOTER shall inspect all equipment prior to its use to ensure safety and repair on site as
needed.
IV. LOFTS - PROMOTER shall exercise caution and special measures to ensure minimal disruption to
owners and tenants of the live -work lofts located on blocks bounded by Main Street, 3 " Street,
Spurgeon Street and 1 " Street (the "Lofts "), including:
a. Blocking off the sidewalks on 3a Street in front of Lofts with chain link fencing with
screening to create a private walkway for loft residents.
b. Assume responsibility for any damage done to the Lofts during the course of the Event,
including assembly and disassembly. PROMOTER shall photograph the Lofts prior to the
Event in order to document their condition prior to the Event and to identify whether or not
damage occurred during the Event.
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c. Compensate Loft owners with pets who choose to board their pets from Thursday through
Monday.
d. Compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during
the Event, at a maximum of $100/per day.
e. PROMOTER shall schedule equipment set up and tear down, trash removal, and carry out
other logistical activities in such a manner that will minimize late night noise and other
disturbances and disruption to Lott residents.
V. QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times with no construction set
up or tear down as follows: Thursday and Friday from 10:00 p.m. through 7:00 a.m., Saturday from
12:00 a.m. through 7:00 a.m., and Sunday from 11:00 p.m. through 7:00 a.m. PROMOTER shall ensure
that quiet hours are strictly adhered to by all carnival employees and sub - contractors.
Vl. EVENT SET UP. Each Event shall include a carnival as follows:
a. PROMOTER must secure land use permit for carnival no later than two weeks prior to the Event
if the carnival will utilize private property for any reason.
b.
Carnival rides and booths may be set up on Third Street from Sycamore to French, on Bush from
Fourth to Third, on the Third and Bush surface parking lot, and on Main Street from Fourth tojust
north of Second Street or an alternate location approved by the Santa Ana Police Department
(SAPD). Clear access must be maintained on Main Street between the properties located at 308 and
309 S. Main Street to ensure safe and clear street crossing between those properties. Final location
for carnival rides and booths to be mutually agreed between City and PROMOTER.
c. PROMOTER shall be responsible for securing temporary storage locations for all carnival
equipment needs and must secure approval from City of any outdoor off -site accommodations
within City limits no later than two weeks prior to the Event.
d. PROMOTER may not store equipment on City owned property or City right of way prior to the set
up time, without prior city approval. Such approval must be requested no later than two weeks prior
to the Event if needed.
e. PROMOTER's staff will not be allowed to sleep inside the Carnival Area boundaries.
f. PROMOTER must supply restroom facilities for its staff daring setup.
g. Tall rides, exceeding 20 feet, may not be placed adjacent to residential units.
h, PROMOTER may begin set -up of rides at 9:00 a.m. Thursday prior to the Event on all streets,
except Main Street.
VU. SECURITY.
a. In order to operate the carnival on Friday, the PROMOTER shall provide chain link fencing to
secure the entrance to the Carnival Area at Bush and Fourth (curb to curb) and at the entrance to the
East End Promenade at Spurgeon. The fencing is to be in place by 7 p.m. Friday evening and may be
removed when the carnival closes that night.
b, PROMOTER shalt provide one (1) State licensed uniformed security officer at each of the following
locations commencing at 6 p.m. and continuing at least until 12:30 a.m. on Friday night:
Bush and Fourth; Fourth and the north entrance to the East End Promenade, French and
Third; Third and Bush; and Main and Third. The security officers will follow the direction
of the Santa Ana Police Officers assigned to the Event.
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c. PROMOTER shall provide two (2) State licensed uniformed security guards in
the carnival area overnight each day of the festival.
Additional provisions for State licensed uniformed security guards hired by
PROMOTER:
i. A minimum of 50% of the Security staff must be bilingual, English/Spanish
speaking.
ii. Security staff must wear uniforms distinct from the local law
enforcement agency.
iii, PROMOTER/Security Company shall ensure that all security guards
are equipped with radios for internal communications and that the Security
Supervisors are equipped with one radio each for communications with Santa
Ana Police Department (SAPD) and City staff.
iv. PROMOTER/Security Company shall ensure that there is one
Security Supervisor on site at all times daring the Event.
v. The Security staff shall take final direction and instruction from the City
Police Department supervisor in charge of the Event and will meet with the SAPD
supervisor in charge and other staff as needed at the beginning of the Event.
vi. Security guards shall not carrywcapons, batons, or tear gas.
vii. Security guards shall report only to the Santa Ana Police Department
supervisor in charge of the Event or the Recreation and Parks Department
Supervisor.
viii. Security staff shall contact SAPD for any criminal activity, but may
intervene for non - criminal activity such as illegal vendors, rule violations, crowd
control, etc.
ix. Security staff shall assist with the following:
1. Ensuring that no vehicles park on streets within the Carnival Area each
day.
2. Preventing vehicles from stopping to drop off equipment.
3. Monitoring specific problem areas identified by Santa Ana
Police Department.
4. Monitoring Lofts to ensure that no illegal activity is taking place.
S. Watching for gang members and other criminal activity.
6. Assisting the Santa Ana Police Department with closing down the
carnival Event nightly.
25H -14
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EXHIBIT B
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 _, the endorsement form as part of
Policy #
Issued to
Name Insured
Countersigned by
25H -16
SPONSORSHIP AGREEMENT WITH
ANHEUSER BUSCH / STRAUB DISTRIBUTING
T1711S SPONSORSHIP AGREEMENT made and entered into this _ day of April, 2015
by and between Anheuser Busch /Straub Distributing (hereinafter "Sponsor "), 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 ").
IR01011I/;I11.".
A. The City is directly producing many events throughout 2015, and desires to retain a
sponsor for one of such events, Cinco de Mayo (the "Event"),
B. Sponsor represents that it is able and willing to provide sponsorship for the Event from
May I - May 3, 2015.
C. In undertaking the performance of this Agreement, Sponsor represents that it is
knowledgeable in its field and that any services performed by Sponsor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional firm in such 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. SPONSOR OBLIGATIONS
Sponsor shall provide sponsorship for the Cinco de Mayo Event providing the Beer
Garden Sponsor Package which will include one (1) beer trailer, three (3) 20' x 20' tents for the
Beer Garden, three (3) tables for serving area, one (1) table for ID checking area, one (1)
portable bar, a Beer Garden Entrance Banner, and ten (10) tear drop banter flags, to be set up
with approval of the Executive Director, Sponsor grants to City the right to use Sponsor's
trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to
City by Sponsor in any medium of advertising, marketing materials, and /or promotional goods
distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines.
2. SPONSORSHIP FEE
For its participation as a Sponsor for the Event, Sponsor shall pay to the City a
sponsorship fee of Twenty Thousand Dollars ($20,000.00). The sponsorship fee is payable by
Sponsor to City upon execution of this Agreement.
3. TERM
This Agreement shall commence on the date stated above and continue through the last
day of the Event, unless terminated as otherwise provided in this Agreement. The Term of this
Agreement may be extended by a writing executed by the City Manager and the City Attorney.
25H -17
4. INDEPENDENT CONTRACTOR
Sponsor 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 Sponsor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Sponsor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Sponsor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Sponsor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Sponsor shall maintain commercial general
liability insurance which 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 Sponsor'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, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its
officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and non - contributory with respect to insurance or self- insurance programs maintained
by the City; and (c) contain standard separation of insureds provisions.
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, Sponsor, if Sponsor has any employees, 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, Sponsor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Sponsor pursuant
to this section:
25H -18
(i) Sponsor shall maintain all insurance required above in fell force and effect
for the entire period covered by this Agreement.
('ti) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in forth 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 (3 0) days prior written notice to the City.
e. If Sponsor 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 effect Sponsor's right to be paid for its
time and materials expended prior to notification of tennination. Sponsor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
To the fullest extent permitted by law, Sponsor shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a claim; collectively, "claims "), which may arise from or in any manner related
(directly or indirectly) to any work performed or services provided under this Agreement
(including, without limitation, defects in workmanship and /or materials) or Sponsor's presence
or activities conducted perfonning the work (including the negligent and /or willful acts, errors
and /or omissions of Sponsor, its principals, officers, agents, employees, vendors, suppliers,
contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose
acts they may be liable for any or all of them), Notwithstanding the foregoing, nothing herein
shall be construed to require Sponsor to indemnify the indemnified parties from any claim
arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity
shall apply to all claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as a limitation upon the amount of indemnification to be provided by
the Sponsor.
CONFIDENTIALITY
If Sponsor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Sponsor 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
25H -19
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 Sponsor disclosed in a publicly available source; (c) is in rightful possession of the
Sponsor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Sponsor without reference to information disclosed
by the City.
8. CONFLICT OF INTEREST CLAUSE
Sponsor 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 facsimile 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
Facsimile: 714 - 647 -6956
Copies to: Parks, Recreation & Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M -75)
Santa Ana, California 92702
Facsimile: 714- 571 -4221
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile: 714- 647 -6515
To Sponsor: Anheuser Buscl-dStraub Distributing
4633 La Palma Avenue
Anaheim, CA 92807
Phone: (714) 743 -5274/ FAX: (714) 779 -4712
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
25H -20
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set f.'orth above. If sent by facsimile, 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 statement between the City and
Sponsor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terns of this Agreement and any attachments hereto, the
terns 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 Sponsor. The parties agree
that any terns 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 Sponsor 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
party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Sponsor,
Sponsor 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 mill 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 Sponsors retained by City.
12. CANCELLLATION OR TERMINATION
If, because of war, fire, strike, civil strife, goverment regulation, natural catastrophe, an
act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of
City, the Event or any part thereof is prevented from being held or is canceled by City, City, in
its sole discretion, shall determine and refund to the Sponsor its proportionate share of the
balance of the aggregate sponsor fees received that remain after deducting expenses incurred by
City and reasonable compensation to City. In no case shall the amount of the refund to the
Sponsor exceed the amount of the fee paid. City reserves the right to cancel any portion of the
Event as it deems necessary and appropriate.
Cancellation by the Sponsor will be accepted only in writing. In the event of Cancellation
by Sponsor, Sponsor will remain obligated for 100% of the sponsorship fees and the City may
seek another sponsor.
13. DISCRIMINATION
Sponsor 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 the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Sponsor affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
25H -21
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 or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Sponsor 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 and all other governmental agencies. Sponsor shall notify the City
immediately and in writing of its inability to obtain or maintain such pen-nits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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 igjuries or damages to
City in the event that such authority or power is not, in fact, hold 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.
(Signatures on Following Page}
25H -22
IN WPT'NESS WHEREOF, the parties hereto have executed this Sponsorship Agreement the
date and year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SON.IA R. CARVALHO
City Attorney
By: &, �e k
Lisa Storck
Assistant City Attorney
RECOMMEND APPROVAL:
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
SPONSOR:
Anheuser Busch/Straub Distributing
Lara Sestito
Director of Marketing
Gerardo Mouet, Executive Director
Parks, Recreation & Community Services Agency
7
25H -23
25H -24