FIESTA DE CARNIVAL (3)-2018 - Laserfiche WebLink

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INSURANCE NO ON FILE A-2018-019 WORK MAY NQT- PROCEED CLERK OF COUNCIL. 49 DATE: F .j� 16 2010 �CiN-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT is made and entered into this 67m day of February, 2018 by and between Ouvauw7 Fiesta de Carnival, a California Corporation (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 ("City"). RECITALS A. On November 22, 2017, the City issued a Request for Proposal No. 17-133 ("RFP") seeking carnival operators to provide carnivals at specified City owned parks. B. Operator submitted a proposal to the City dated November 27, 2017, to provide carnival services to the City as specified in the REP, C. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator 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, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Operator shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Work - Exhibit A, attached hereto and incorporated by reference. Operator's proposal dated November 27, 2017, is also incorporated by reference as though fully set forth herein. b. Operator shall provide at each of the Paris identified a full service carnival complete with the rides, equipment and services as set forth in the RFP and Exhibit A to this Agreement. The RFP shall be incorporated by reference as though fully set forth herein. Operator, if it contracts with another Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and conditions of this Agreement regarding the provision of carnival services, including insurance requirements referenced below and the requirement that the operator obtain a permit for amusement rides frorn the Department of Industrial Relations. Not later than sixty (60) clays prior to the staging of any carnival event, Operator shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of any such Operator. Operator shall not utilize a different operator without first obtaining the written permission of the Executive Director. Page 1 of 11