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HomeMy WebLinkAboutFIESTA DE CARNIVAL (3) - 2015City of Sang- 4na ~ � Clerk of the C -incil 4 AGREEMENT TERMINATION FORM / lJ 0�, Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with qks� , bjL- C(gill r I 1 VWl No. was completed on (List all amendments. Use space below if needed.) i4 -a®►s- 1 W y)-- a0►.5--V*-01 14- , ao "V-- t W-aa. A- 105-169'Department: r-�- -aoIs-- LW-Q53 la--o"D (S - l sk-Oq A--a6)y-asO-u� Revised 08-23-10 Phone/Ext.: Signature: Date: COTC Office Use Only JUL 19 PM 3: rtP QF NTA COUNCIL and final payment has been made. INSURANCE NOT ON FILE WORK MAY NQT PROCEED CLERK OF COUNCIL A-2015-188-05 DATE: FOURTH AMENDMENT TO NON-EXCLUSIVE AGREEMENT ® TO PROVIDE CARNIVALS AT CITY PARKS R(_SA L )THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on October 26, 2017, s t I vt4 A,, r by and between Fiesta de Carnival ("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 in ). RECITALS A. The parties entered into Agreement #A-2015-019, dated February 3, 2015 ("Agreement'), by which Promoter agreed to provide carnival events at various City parks for a one year period until February 2, 2016, B. On December 22, 2015, the parties opted to exercise the first of two (2) one year options to extend the Agreement and agreed to extend the term for an additional one-year period from February 3, 2016 through February 2, 2017, by letter agreement #A-2015-188-01. C. The parties entered into a First Amendment #A-2015-188, dated August 20, 2015, to include a "fun zone" event at the City's 2015 Fiestas Patrias event. D. The parties entered into Second Amendment #A-2015-188-02, dated September 21, 2016, by which the scope of services was modified to delete the carnival event entitled "Cesar Chavez/Campesino". E. On December 20, 2016, the parties opted to exercise the second of two (2) one year options to extend the Agreement for an additional one-year period from February 3, 2017 through February 2, 2018, by letter agreement #A-2015-188-03. F. The parties entered into a Third Amendment #A-2015-188-04, dated March 9, 2017, to include a carnival and fee schedule for the extension period provided by letter agreement A-2015-188-03. F. The Agreement remains in effect, and the parties now wish to further amend the Agreement to revise the dates for the Carnival events at Madison Park to be provided by Promoter. The Parties therefore agree: 1. Section 2, Scope of Services, is amended to include Exhibit A-1, incorporated by reference to the Agreement, the revised carnival event and fee schedule for all events pursuant to this Agreement including the Madison Park events to take place on November 9-12, 2017. 2. Section 3, Fees/Deposits/Permits/Licenses is amended to read as follows: At least 10 days prior to the commencement date of each Carnival as set forth in Exhibit A-1, Promoter shall pay to City the applicable fee for the use of the Carnival Area as further set forth in Exhibit A-L In addition to the fees set forth in Exhibit A-1, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result on a V4 penalty of $500 per day. The vendor will not be allowed to start an event if there is an on balance. Vendor is subject to other the RFP. monetary penalties for failure to perform as set forth throughout 3. Except as modified by this Fourth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM By:CE1L'l4� LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL 'k -. m� GERARDO MOUET, Executive Director, Parks, Recreation, and Community Services Agency CITY OF SANTA ANA lI RAUL GOD NE' II CITY MANAGER PROMOTER Name: , z llelwco, f Title: EXHIBIT A-1 to Fourth Amendment 2017 Carnival Dates 1 Park Jerome Carnival Date March 30-12 Promoter Revenue Max Event Size 2 Cesar Chavez Cam esino April 7.9 Fiesta De Carnival Fiesta De Carnival 81250 16 Carnival Rides 3 Madison May 26.19 Fiesta De Carnival 500 4,500 14 Garnlval Rides 4 Rly June 2-A Fiesta Oe Carnival 8 ,750 12 Carnival Rides 5 ElSSaalvador June 16.18 Fiesta De Carnival 4,500 16 Carnival Rides 6 Jerome Au ust 11.13 Fiesta Oe Carnival 2,Y5p 15 Carnival Rides 7 Madison 0etebeFb3—November 942 Fiesta De Carnival 7,000 16 Carnival Rides 8 s'Sesars6havez{Eeml 0c�heK"4 Hestia-Be�EaFniva{._ 7,000 12 Garnlval Rides :l4>=araW_aI!Rides,. 42,250 "October - Cesar Chavez/Campesino was cancelled In 2016. COTC PROCESSING FORM Clear Form Agreements / Amendments / Deeds 7917 tlot, t t• 1114 n n c TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: Parks, Recreation and Community Services Agency M-23 MAIL STOP: PROJECT MANAGER: Silvia Cuevas EXT.. 5254 The following information must be provided in requesting processing of agreements /amendments / deeds for the City: AGREEMENT NUMBER (if amendment): A / N A-2015-188;W ( , AMENDMENT NUMBER (if applicable): ❑ 1 ST 0 2ND 3RD © 4th NAME OF CONSULTANT / PARTY: Fiesta de Carnival AMOUNT: © OVER $25,000 —(A) ❑ *UP TO $25,000 - (N) Note: It your agreement with a vendor exceeds $25,000 within a Fiscal Year, then you will need to obtain Council Approval. ❑ 1) NOT approved by council. m 2) Approved by council. COUNCIL APPROVAL DATE: 2/3/15 ITEM #: 20A TERM OF AGREEMENT- EFFECTIVE DATE: 2/3117 TERMINATION DATE: 2/2/18 SIGNATURES REQUIRED: VENDOR Q AGENCY CITYATTORNEY ©OTHER (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) INSURANCE REQUIRED: © YES ❑ NO (Provide City Attorney Office approval) AUTO 0 CGL (Commercial General Liability) NIB PROFESSIONAL LIABILITY m WORKERS COMPENSATION COMMENTS: A-2015-019, A-2015-188, A-2015-18-02, A-2015-188-03, A-2015-188-04 FOR CLERK OFFICE USE ONLY: ❑ PROCESS ❑ DO NOT PROCESS ❑ Needs Council Approval ❑ Missing Signatures ADDITIONAL REMARKS: ❑ Other r= 0111C1 UFO i F IL euective uecemoer 21, 2006 for City Manager contract authority increase; NS-2717 hAgreemenWForm -AGREEMENT PROCESSING FORM_canary.doc Revised: 1117/2012