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C) THEME. If a theme is considered in addition to the Mexican Bicentennial, City and <br />Event Producer must reach mutual agreement as to said theme. <br />d) ENTERTAINMENT. City shall retain final approval over all entertainment. City at <br />its sole discretion and/or for any reason may reject entertainment chosen by Event <br />Producer. Event Producer shall produce a complete schedule for the main stage listing <br />each performer, their popularity rating, and their associated time slot before August <br />15, 2010. City will provide final approval before August 25, 2010, at which time City <br />will provide written approval in the form of a letter from the City Manager or his <br />designee. The stage located at the intersection of Fourth and Mortimer Streets and <br />provided by other Event Producer shall be reserved for the official "El Grito" from <br />6:30 p.m. until 9 p.m. on Saturday, September 18, 2010, at which time all advertising <br />on stage if any, shall be removed, cloaked, or hidden from display. The "El Grito" <br />shall be conducted by the Mexican Consul. The ceremony shall be coordinated <br />between the City, Mexican Consul and the Event Producer. <br />e) STAGES. A minimum of two stages and associated entertainment shall be <br />programmed and produced during the event duration. One stage each provided by each <br />Event Producer. One stage shall be located at the intersection of Mortimer and 4th <br />Street. One stage shall be located at the intersection of Broadway and Fourth Streets as <br />outlined in the Service Agreement. <br />f) ALCOHOL and TOBACCO. Event Producer agrees not to sell or distribute or allow <br />the sale of or distribution of any tobacco products during the Fiestas event. <br />Sponsorship by alcohol product companies shall be considered, but must be pre - <br />approved by City. Absolutely no direct tobacco product advertising shall be allowed <br />within or associated with the Event. Neither tobacco product advertising nor alcohol <br />product advertising shall be distributed to minors. <br />g) PRESS RELEASES and PROMOTIONS. City shall receive copies of all press <br />releases and advertising for the event at least 72 hours prior to the use in the Event <br />promotion. Event Producer will provide to City all distributed documents related to <br />marketing, promotions and administration as distributed. All promotional materials <br />shall include the City of Santa Ana Downtown Orange County Logo. <br />h) SPONSORSHIP. City shall receive copies of all sponsorship agreements for the <br />Event. All sponsorship agreements /contracts must be between MXLive Entertainment <br />(Event producer) and the participating sponsor and not third parties. <br />i) FEES. Event Producer shall be responsible for all fees and/or costs associated with <br />this event including, but not limited to, additional Police, Fire, Code Enforcement and <br />Public Works; additional security including coverage for downtown parking garages; <br />graffiti removal; and street cleaning <br />j) TRASH. Event Producer will maintain continuous litter control during the entire <br />Event and impose adequate mitigation measures to ensure the removal and disposal of <br />grease from food and/or cooking booths, including but not limited to the use of grease <br />barrels. <br />k) EQUIPMENT.. Event Producer shall provide all necessary equipment, resources and <br />manpower to develop and produce the Event. Equipment is to include lighting for all <br />vendor booths which is to be maintained and fully illuminated until all attendees have <br />vacated the festival and carnival grounds as per the Service Agreement. <br />1) RIGHT OF FIRST REFUSAL. Event Producer shall provide right of first refusal to <br />merchants with businesses along 4th Street and in the Fiesta Marketplace for booths <br />located in front of said businesses at a discounted rate. Requests and payment by <br />merchants for booths are to be received no later than August 1, 2010. <br />2 <br />25G -19 <br />