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Home My WebLink AboutItem 18 - Agreement with Ultimate Entertainment, LLC dba Mega Outdoor Movies for OutdoorParks, Recreation and Community Service Agency www.santa-ana.org /parks -recreation Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 21, 2024 TOPIC: Movies in the Park TITLE Agreement with Ultimate Entertainment, LLC dba Mega Outdoor Movies for Outdoor Movie Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Ultimate Entertainment, LLC to provide outdoor movie services at the "Movies in the Park" series for a term from June 1, 2024 through May 31, 2026, with three, one-year renewal options, for a total amount not to exceed $200,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Parks, Recreation, and Community Services Agency has put together a series of "Movies in the Park" events for the community. Ultimate Entertainment, LLC was selected through a competitive Request for Proposals (RFP) process to provide services such as portable screens, sound systems, secondary Bluetooth player to synchronize Bluetooth headphones with translation services, and licensing for movies selected by City staff. The selected vendor will provide additional services such as inflatables or activities that will be available to the community prior to the start of the movies. The "Movies in the Park" series consists of seven different movie nights in June and July, with a potential to have additional movie events in the fall and winter. Request for Proposals (RFP) No. 24-008 was issued on February 27, 2024 on the City's online bid and management publication system. A summary of the invitation for bids and bids received follows: 169 Vendors notified 5 Santa Ana vendors notified 26 Vendors downloaded the bid packet 5 Bid received 0 Bids received from Santa Ana vendors Movies in the Park May 21, 2024 Page 2 The proposal was evaluated according to the criteria listed in the RFP, which includes vendor responsiveness, experience, the fee proposal, and references to ensure that the proposal met the standards of the department. Due to previous events with Ultimate Entertainment, LLC, City staff is confident that the vendor will continue to provide quality services for our City events. FISCAL IMPACT Funds are budgeted and available in the following account for the current year and will be budgeted and made available for the following years, subject to City Council approval. Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 23-24 01113230-62300 General Fund PRCSA- Recreation and $20,000 Community Services - Contractual Services Professional FY 24-25 01113230-62300 General Fund PRCSA- Recreation and $40,000 Community Services - Contractual Services Professional FY 25-26 01113230-62300 General Fund PRCSA- Recreation and $40,000 Community Services - Contractual Services Professional FY 26-27 01113230-62300 General Fund PRCSA- Recreation and $40,000 Community Services - Contractual Services Professional FY 27-28 01113230-62300 General Fund PRCSA- Recreation and $40,000 Community Services - Contractual Services Professional FY 28-29 01113230-62300 General Fund PRCSA- Recreation and $20,000 Community Services - Contractual Services Professional Total 1 $200,000 EXHIBIT(S) 1. Agreement Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Approved By: Alvaro Nunez, Acting City Manager CITY OF SANTA ANA AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, TO PROVIDE OUTDOOR MOVIE SERVICES THIS AGREEMENT is made and entered into this 211h day of May, 2024 by and between Ultimate Entertainment, LLC, a California limited liability company (hereinafter "Contractor"), 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 February 27, 2024, the City issued Request for Proposal ("RFP") 24-008 seeking proposals from qualified contractors to provide specialized services of providing outdoor movie services for the City's Movies in the Park events. B. Contractor submitted a timely and responsive proposal which was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm 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. Contractor 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 in the scope of work included in RFP No. 24-008, which is attached hereto as Exhibit A and incorporated by reference, and as delineated in Contractor's proposal, which is attached hereto as Exhibit B and incorporated by reference. b. In the event of an inconsistency among the provisions of this Agreement and any of its exhibits, such inconsistency shall be resolved by giving precedence in the following order: (1) This Agreement; (2) The scope of services included in RFP No. 24-008 and attached as Exhibit A; Page 1 of 11 (3) Contractor's proposal, attached as Exhibit B. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, for services actually performed at events mutually agreed upon by the parties in a signed writing. The total amount of this Agreement shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000). b. Payment of deposit of half of the proper invoice for a mutually agreed upon event, shall be processed and paid to Contractor prior to such mutually agreed upon event, following City's receipt of the proper invoice for such mutually agreed upon event. In the event Contractor fails to provide a proper invoice for a mutually agreed upon event at least one (1) week prior to the mutually agreed upon event, then payment shall be paid in full, subject to City's accounting procedures, within forty-five (45) days following City's receipt of the proper invoice for a mutually agreed upon event. C. Remaining balance for a mutually agreed upon event shall be paid within forty-five (45) days following the date of the mutually agreed upon event, subject to City accounting procedures. d. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. e. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on June 1, 2024 and expire on May 31, 2026, with the option for the City to grant up to three (3) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor Page 2 of 11 performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. Page 3 of 11 (3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. (5) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: (1) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). (2) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. (4) Waiver of Subrogation. Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Page 4 of 11 (5) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. (6) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the Entity. (7) Claims -Made Policies. If any of the required policies provide claims -made coverage: a. The retractive date must be shown, and must be before the date of the Agreement or the beginning of work performed under the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work under the Agreement. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. (8) Verification of Coverage. Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. (9) Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Page 5 of 11 (10) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (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 negligent operations of the Contractor or its consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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 Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees 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 terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. BACKGROUND CHECK REQUIREMENTS Contractor shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, Page 6 of 11 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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. 13. 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 fax or other telegraphic Page 7 of 11 communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-4211 To Contractor: Ultimate Entertainment, LLC Attn: Steven Nero, President 12104 Park St. Cerritos, CA 90703 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 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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, the terms 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 Contractor. The parties agree that any terms 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 Contractor or 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. Page 8 of 11 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 null 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 consultants or contractors retained by City. 16. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRINIINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. 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. Page 9 of 11 19. PROFESSIONAL LICENSES Contractor 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. Contractor 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 termination of this Agreement. 20. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below 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. [signature page follows] Page 10 of 11 SIGNATURE PAGE FOR AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, TO PROVIDE OUTDOOR MOVIE SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: CONTRACTOR Steve Nei-o Steve Nero (May 7, 2024 21:47 PDT) Hawk Scott Steven Nero Executive Director, President Parks, Recreation and Community Services Agency Page 11 of 11 EXHIBIT A CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES The Consultant shall perform services as set forth below. I. GENERAL CONTRACTOR REQUIREMENTS A. Acquire proper licensing for approved movies to be presented at each event. • The City shall choose which movies will be presented at each event. B. Provide knowledgeable, professional, and sufficient staff, operators, and supervision required to deliver successful Movies in the Park for seven (7) consecutive weeks in the months of June and July of every year and any additional events requested by the City. The City may make adjustments to this schedule if needed with sufficient notice to Contractor. C. Operator must remain onsite the entire duration of each movie event. D. Contractor must provide all contractor staff an identifying uniform shirt to be work at all events performed under this contract for the City. E. Provide movie screen, generator, projector, and all projection, sound equipment and cables required for delivery of services as specified herein. • Minimum movie screen size must be 25' x 15" • Projector system must be able to play Blu-Ray, DVD, and allow HDMI connection for external laptop at minimum. • Projector system must be at least 5500 Lumens. F. Movie Run Time: All movies must be 120 minutes or less starting at sunset. G. Set up and tear down movie screen, sound system, and any additional items and equipment needed to present a high -quality outdoor movie experience. This includes delivery and pick up service of all items. H. Provide movie options that may be listened to in Spanish. Provide a secondary Bluetooth player or related equipment necessary to simultaneously play City -supplied Bluetooth headsets that provide the ability for patrons who wish to listen to the movies featured in Spanish. I. Provide a 1000-watt speaker with a microphone to allow City staff and designees to address patrons prior to the movie screening. J. Expected Crowd Size: 500-1500 people per movie event. CITY OF SANTA ANA K. Location of Events: Event Date Location Address June 7, 2024 Memorial Park 2102 S Flower St, Santa Ana, CA 92707 June 14, 2024 Adams Park 2302 S Raitt St, Santa Ana, CA 92704 June 21, 2024 Roosevelt -Walker 816 E Chestnut Ave, Santa Community Center Ana, CA 92701 June 28, 2024 El Salvador Park 1825 W Civic Center Dr, Santa Ana, CA 92703 July 12, 2024 Heritage Park 4812 W Camille St, Santa Ana, CA 92704 July 19, 2024 Rosita Park 706 N Newhope St, Santa Ana, CA 92703 July 26, 2024 Santa Ana Zoo at Prentice 1801 E Chestnut Ave, Santa Park Ana, CA 92701 II. SCHEDULES AND DEADLINES A. Set-up: Friday on day of event up to two hours prior to the screening. B. Clean-up: All movie equipment must be cleaned up and removed immediately following the ending of each movie. C. Movies in the Park begins on Friday, June 7, 2024, and will continue weekly on Friday evenings until the last Friday of July 2024. There may be an additional 2 movie events in the Fall and Winter that will be scheduled upon award of this agreement. The 2024 Movies in the Park series dates are as follows, although the City reserves the right to add, delete, or replace shows with other events according to the City's needs and available budget: 1. June 7, 2024 2. June 14, 2024 3. June 21, 2024 4. June 28, 2024 5. July 12, 2024 6. July 19, 2024 7. July 26, 2024 Any movies that are cancelled by the City due to unfavorable weather conditions must be rescheduled on a mutually agreed upon by the City and Contractor at no additional costs. III. ADDITIONAL INDIVIDUAL SERVICES Contractor shall propose additional elements that they can provide for each event, such as CITY OF SANTA ANA inflatables and other features for family entertainment prior to the commencement of movie screenings on the evening of each Movies at the Park event. A. Additional individual services can be priced individually as a la carte items. The City may add any of the items proposed for any of the scheduled or added events at its discretion. B. The City may request additional elements to enhance Movies in the Park on an as -needed basis. This may include inflatable jumpers, a bounce house or other games, dances, and entertainment for families for up to two hours immediately prior to the screening. Addition of proposed items will be determined at the discretion of the Project Manager. EXHIBIT B PROPOSAL FOR MOVIES IN THE PARK 611PAN ►1►1:1CZ97 MEGA OUTDOOR MOVIES 1 12104 Park St, Cerritos, CA Mega Outdoor Movies Table of Contents A. Cover Letter.......................................................................................................................................... 2 B. Services Provided.................................................................................................................................4 General Contractor Requirements............................................................................................................5 Schedulesand Deadlines..........................................................................................................................6 Additional Individual Services...................................................................................................................6 C. Agreement Statement.......................................................................................................................... 8 D. Firm and Team Experience.................................................................................................................18 E. Proposed Work Plan........................................................................................................................... 21 F. References.......................................................................................................................................... 23 CostProposal.............................................................................................................................................. 25 Minimum Lump Sum Proposal................................................................................................................ 26 Additional Movie Night Proposal............................................................................................................26 Lump Sum Proposal Including Additional Elements............................................................................... 27 Additional Movie Proposal Including Additional Elements..................................................................... 28 A La Carte Items Rate per 4 hours........................................................................................................... 28 Certifications............................................................................................................................................... 30 A. PROPOSER'S CERTIFICATION, PROPOSAL PRICING........................................................................ 32 C. PROPOSERS STATEMENT................................................................................................................ 33 D. NON -COLLUSION AFFIDAVIT.......................................................................................................... 34 E. NON -LOBBYING CERTIFICATION.....................................................................................................35 F. NON-DISCRIMINATION CERTIFICATION......................................................................................... 36 A. Cover Letter Monique Leon Recreation & Community Services Supervisor City of Santa Ana — Parks, Recreation and Community Services 20 Civic Center Plaza, M-23 Santa Ana, CA 92701 Dear Ms. Leon, I am writing on behalf of Ultimate Entertainment LLC, dba Mega Outdoor Movies, the leading provider of outdoor Movie solutions in Southern California. As the authorized representative of Mega Outdoor Movies, I am excited to submit our proposal for the "Movies in the Park" series organized by the City of Santa Ana's Parks, Recreation and Community Services Agency. Mega Outdoor Movies specializes in delivering high -quality outdoor movie experiences, and we are enthusiastic about the opportunity to bring our expertise to the Santa Ana community. As the leading entity in the outdoor entertainment industry, our company is equipped to meet the requirements outlined in your request for proposals. Our team is committed to delivering exceptional service and ensuring the success of each movie night. With our inflatable screens, state-of-the-art projectors and sound systems, and innovative technology, we aim to provide memorable experiences for residents and families throughout the summer. Thank you for considering Mega Outdoor Movies for this opportunity. We look forward to the possibility of working together as a partner and are available to provide any additional information or clarification you may require. Sincerely, Steven Nero President Mega Outdoor Movies B. Services Provided General Contractor Requirements A. Licensing and Movie Selection Mega Outdoor Movies will acquire proper licensing for approved movies selected by the city for each event. B. Staffing and Supervision We do over 700 outdoor movies a year in Southern California. We have been doing outdoor movies for over 10 tears and we are also the manufacturer of the screens. We commit to providing trained, knowledgeable, professional, and sufficient staff, operators, and supervision to ensure the successful execution of Movies in the Park for seven consecutive weeks in June and July, as well as any additional events requested by the City. We acknowledge the City's authority to adjust the schedule with adequate notice. We will have at least 4 people at every event lead by Jorge Cabrera our operations manager who has been with us for over 10 years. I, Steve Nero, will also personally be at most events. C. Onsite Presence Our operators will remain onsite for the entire duration of each movie event. D. Uniforms All contractor staff will wear identifying uniform shirts at every event performed under this contract for the City. E. Equipment Provision Mega Outdoor Movies will provide the necessary equipment, including a commercial inflatable movie screen manufactured in the USA (minimum size: 25' x 15'), generator, projector compatible with Blu-Ray, DVD, and HDMI connections, and sound equipment meeting a minimum of 5500 Lumens. We will actually upgrade you to an 11,000-lumen projector and 4 speakers for a better picture and sound experience. We will ensure the setup and operation of all equipment for a high -quality outdoor movie experience. F. Movie Run Time While movies are expected to be less than 120 minutes, we will arrive at least 2 hours prior to the start of the event, ensure everything is set up and sound is playing 1 hour before start of the event and do everything possible to ensure a quality movie experience. G. Setup and Tear Down Our team will handle the setup and tear down of the movie screen, sound system, and any additional equipment required for the events, including delivery and pickup services. H. Multilingual Options To cater to diverse audiences, we will provide movie options with Spanish audio. Additionally, we will supply a secondary Bluetooth player for patrons to listen to movies in Spanish using City -supplied Bluetooth headsets. I. Public Address System We will provide a 1000-watt speaker with a microphone to allow City staff and designees to address patrons before the movie screening. Schedules and Deadlines A. Set-up: Mega Outdoor Movies will ensure prompt setup of all equipment on the day of each event, arriving up to two hours prior to the scheduled screening time. B. Clean-up: Following the conclusion of each movie, Mega Outdoor Movies commits to promptly dismantling and removing all movie equipment from the site to ensure the area is left clean and ready for public use. C. Event Dates: The 2024 Movies in the Park series will commence on Friday, June 7, 2024, and continue weekly on Friday evenings until the last Friday of July 2024. Additionally, Mega Outdoor Movies acknowledges the possibility of up to two additional movie events in the Fall and Winter, to be scheduled upon the agreement's award. Movie Schedule: 1. June 7, 2024 2. June 14, 2024 3. June 21, 2024 4. June 28, 2024 5. July 12, 2024 6. July 19, 2024 7. July 26, 2024 In the event of any cancellations due to unfavorable weather conditions, Mega Outdoor Movies agrees to collaborate with the City to reschedule the movie on a mutually agreed -upon date at no additional cost to the City. Additional Individual Services Ultimate entertainment dba Mega Outdoor Movies, also owns Ultimate Party Jump and the Fun Company, allowing us to uniquely offer a wide range of additional elements to enhance each Movies in the Park event. Ultimate party jump and the Fun Company have over 300 inflatables, rides and attractions. Together we are the largest outdoor event company in Southern California. Our combined expertise allows us to create unforgettable experiences for families prior to the commencement of movie screenings. A. A La Carte Options: Mega Outdoor Movies, The Funco Company and Ultimate Party Jump provide a variety of individual services that can be tailored to suit the specific needs of each event. These services are priced individually, allowing the city to select and add items as desired. B. Enhanced Family Entertainment: At the discretion of the City, Mega Outdoor Movies, The Fun Company and Ultimate Party Jump can incorporate additional elements to transform Movies in the Park into a vibrant carnival -like atmosphere. Our offerings may include inflatable jumpers, bounce houses, games, carnival rides, dances, and other entertainment options, all designed to engage families and create excitement leading up to the movie screenings. Our partnership ensures seamless coordination and the ability to adapt to the City's needs on an as - needed basis. With Mega Outdoor Movies providing outdoor movie solutions and The Fun Company and Ultimate Party Jump offering inflatable rentals and entertainment services, we are well-equipped to enhance each event and exceed expectations. The addition of proposed items will be determined collaboratively with the Project Manager, ensuring that each Movies in the Park event is unique and memorable for attendees of all ages. C. Agreement Statement CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 20th day of March , 2024 by and between Ultimate Entertainment LLC dba Mega Outdoor Movies , ("Consultant"), 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. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm 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 Consultant 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 Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a two (2) year term with the option for the City to grant up to a three, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. S. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE (Subject to revision per RMD requirements) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (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 negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 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 Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees 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 terms of, or effects arising from this Agreement. City may make all reasonable decisions with respectto its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant 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. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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, the terms 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 Contractor. The parties agree that any terms 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 Consultant or 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant 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 null 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 Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by consultant prior to receipt of such notice of termination, subject to the following conditions: a) As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b) Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. PROFESSIONAL LICENSES Consultant 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. Consultant 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 termination of this Agreement. 19. 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 fax 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 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: 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 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, 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. 20. MISCELLANOUS PROVISIONS a) Each undersigned represents and warrants that its signature herein below 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) The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Assistant City Attorney RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director Parks, Recreation and Community Services Agency (name) (title) CITY OF SANTA ANA Tom Hatch Interim City Manager CONSULTANT: D. Firm and Team Experience I. Firm Profile: Ultimate Entertainment LLC dba Mega Outdoor Movies is the leading provider of outdoor entertainment solutions in Southern California. We specialize in creating memorable experiences for communities across California. With a dedicated team of professionals, we pride ourselves on delivering top-quality services tailored to the unique needs of each client. We have been doing outdoor movies for over 10 years, we do over 700 movies a year and we have a team of over 10 full time and over 50 part time employees. For the Santa Ana Movies in the park program we will have a team of 4 to 10 people depending on the additional elements to enhance the movies in the park program. II. Firm Locations: Our nearest address serving the City of Santa Ana is our headquarters in Cerritos, 12104 Park St., Cerritos, CA 90703. III. Project Manager/Principal Agent: The supervising Project Manager/Principal Agent assigned to this agreement is Steven Nero, the President. As the primary contact person representing Mega Outdoor Movies, Steven brings decades of experience to the table and will oversee all aspects of the project. Steven will also be available to conduct presentations and liaise with the City of Santa Ana as needed. You can reach out to him at stevennero7@gmail.com, or (714) 231-2779 IV. Key Staff Resumes: Steve Nero — President Education: BSEE Worcester Polytechnic Institute 1988, MBA Duke University 2002 Experience: 1988-2002 various engineering management roles including 8 years as VP of marketing and Engineering for ADAC LABS, a medical imaging company in Milpitas, CA 2003-2012 President of Star Trac Fitness Equipment Manufacturer in Irvine, CA 2012-2024 Owner and President of elnflatables — inflatable Manufacturer • elnflatables manufactures the inflatable screens, as well as over 300 different inflatable rides and attractions that are sold to party rental companies all over the world. 2013-2024 Owner and President of Ultimate Entertainment dba Mega Outdoor Movies • Mega Outdoor Movies does over 500 Movies in Southern California, we do all the movies for almost all the cities in San Diego County and many of the cities in Los Angeles County and Orange County. We have the most screens, projectors, equipment and staff of any outdoor movie company in California 2013-2024 Owner and President of Ultimate Entertainment LLC dba Ultimate Party Jump • Ultimate Party Jump is an inflatable rental company that provides inflatables in LA and Orange County 2023-2024 Owner and President of Ultimate Entertainment LLC dba The Fun Company • The Fun Company is an event Production company that Provides rides, games and attractions including carnival rides throughout Southern California Jorge Cabrera — Operations Manager Experience: 2012- 2019 Various manufacturing roles for elnflatables — inflatable manufacturer 2018- 2024 Operations Manager for megaoutdoor movies, ultimate party Jump and The Fun Company. • Jorge is an outstanding operation leader who is brings over 12 years of hands on experience with inflatable movie screens and equipment. HE is unique in the world Renee Bailey — Sales manager Experience: 2015- 2020 Various sales and operation roles for elnflatables and Mega Outdoor Movies 2020 — 2024 Sales and office Manager for Mega Outdoor movies, ultimate Party Jump and The Fun Company • Renee has over 30 years of experience as a sales and operations manager. She is committed, dedicated and reliable and handles all aspects of sales and logistics. E. Proposed Work Plan Understanding of Scope of Services: Mega Outdoor Movies comprehensively understands the Scope of Services outlined by the City of Santa Ana. We have run the Santa Ana outdoor movies program for the last 3 years. Our approach encompasses meticulous planning, efficient execution, and a focus on delivering exceptional outdoor movie experiences to the community. Anticipated Approach • Mega Outdoor Movies will begin by collaborating closely with the City's Parks, Recreation, and Community Services Agency to understand specific event requirements and preferences. • We will then proceed with securing necessary permits, licenses, and permissions for each movie night. • We will conduct a site visit of each venue and develop a plan and timeline for each event. • We will collaborate with the city and get approval on all of this. • Our team will ensure timely setup of inflatable screens, sound systems, and additional equipment at designated park locations. • We arrive 2 hours early and will have all setup complete 30 minutes before the start of any event. • We also have Ultimate Party Jump and The Fun Company and are able provide inflatable rentals and family entertainment activities prior to each movie screening. • Throughout the series, Mega Outdoor Movies will maintain open communication channels with the city to address any concerns and ensure seamless execution of services. Suggestions or Special Concerns • We suggest the evaluation committee consider the flexibility of our proposed plan, allowing for adjustments based on weather conditions or unforeseen circumstances. III. Description of Deliverables and Implementation Plan • Deliverables include the delivery, setup, operation and strike of inflatable screens, sound systems, and additional equipment for each movie night. • Our implementation plan involves meticulous scheduling to ensure timely setup and teardown, as well as coordination with Ultimate Party Jump for family entertainment activities. • A detailed timeline outlining key milestones and deadlines will be provided upon acceptance of the proposal. F. References Customer Name: City of Santa Ana Contact Individual: Sonia Batres Address: 20 Civic Center Plaza, Santa Ana, CA, 92701 Phone Number: (714) 571-4227 EMAIL: SBatres@norwalkca.gov Contract Amount: $50,453 Year: 2021 Description of supplies, equipment, or services provided: Provided movie equipment to produce Santa Ana Movies in the park series. We provided movie screens, projectors, speakers, generators, audio headphones and lighting for 14 movie nights. She is currently working for the City of Norwalk. Customer Name: Aliso Viejo Community Association Contact Individual: Kevin Ortiz Address: 95 Argonaut Ste. 190, Aliso Viejo, CA, 92656 Phone Number: (714) 494-5605 EMAIL: kortiz@avca.net Contract Amount: $11,750 Year: 2023 Description of supplies, equipment, or services provided: Provided movie equipment to produce Summer Movies series for the community of Aliso Viejo. Hosted 5 movie nights with our screens, projectors, generators and audio. We have been hosting them since 2021 and have already scheduled 2024 as well. Customer Name: City of Torrance Contact Individual: Jesus Castro Address: 3031 Torrance Blvd, Torrance, CA, 90503 Phone Number: (310) 715-9302 EMAIL: jesuscastro@torranceca.gov Contract Amount: $4,154.04 Year: 2023 Description of supplies, equipment, or services provided: Provided movie equipment to produce Summer Movies series for the City of Torrance. Hosted 4 movie nights with our screens, projectors, generators and audio. Cost Proposal Minimum Lump Sum Proposal Date Type Description Park Name Total Due 6/7/2024 Screen The Blockbuster (26' x 15') Memorial Park $1,799.00 Accessory Generator $150.00 6/14/2024 Screen The Blockbuster (26' x 15') Adams Park $1,799.00 Accessory Generator $150.00 6/21/2024 Screen The Blockbuster (26' x 15') Roosevelt -Walker Community Center $1,799.00 Accessory Generator $150.00 6/28/2024 Screen The Blockbuster (26' x 15') El Salvador Park $1,799.00 Accessory Generator $150.00 7/12/2024 Screen The Blockbuster (26' x 15') Heritage Park $1,799.00 Accessory Generator $150.00 7/19/2024 Screen The Blockbuster (26' x 15') Rosita Park $1,799.00 Accessory Generator $150.00 7/26/2024 Screen The Blockbuster (26' x 15') Santa Ana Zoo at Prentice Park $1,799.00 Accessory I Generator 1 1 $150.00 Total Invoice $ 13,643.00 Discount: $0 50% Deposit Required Balance Due $13,643.00 Additional Movie Night Proposal Date Type Description Park Name Total Due - Screen The Blockbuster (26' x 15') - $1,799.00 Accessory Generator $150.00 Total Invoice $ 1,949.00 Discount: $0 50% Deposit Required Balance Due $1,949.00 Lump Sum Proposal Including Additional Elements Date Type Description Park Name Total Due 6/7/2024 Screen The Blockbuster (26' x 15') Memorial Park $1,799.00 Accessory Generator (x5) $750.00 Inflatable Fun House Bouncer $200.00 Inflatable Fire N' Ice Dry Slide $500.00 Inflatable 25' Zip It Obstacle Course $350.00 Inflatable Dash N' Splash Combo $450.00 6/14/2024 Screen The Blockbuster (26' x 15') Adams Park $1,799.00 Accessory Generator (x5) $750.00 Inflatable Fun House Bouncer $200.00 Inflatable Fire N' Ice Dry Slide $500.00 Inflatable 25' Zip It Obstacle Course $350.00 Inflatable Dash N' Splash Combo $450.00 6/21/2024 Screen The Blockbuster (26' x 15') Roosevelt -Walker Community Center $1,799.00 Accessory Generator (x5) $750.00 Inflatable Fun House Bouncer $200.00 Inflatable Fire N' Ice Dry Slide $500.00 Inflatable 25' Zip It Obstacle Course $350.00 Inflatable Dash N' Splash Combo $450.00 6/28/2024 Screen The Blockbuster (26' x 15') El Salvador Park $1,799.00 Accessory Generator (x5) $750.00 Inflatable Fun House Bouncer $200.00 Inflatable Fire N' Ice Dry Slide $500.00 Inflatable 25' Zip It Obstacle Course $350.00 Inflatable Dash N' Splash Combo $450.00 7/12/2024 Screen The Blockbuster (26' x 15') Heritage Park $1,799.00 Accessory Generator (x5) $750.00 Inflatable Fun House Bouncer $200.00 Inflatable Fire N' Ice Dry Slide $500.00 Inflatable 25' Zip It Obstacle Course $350.00 Inflatable Dash N' Splash Combo $450.00 7/19/2024 Screen The Blockbuster (26' x 15') Rosita Park $1,799.00 Accessory Generator (x5) $750.00 Inflatable Fun House Bouncer $200.00 Inflatable Fire N' Ice Dry Slide $500.00 Inflatable 25' Zip It Obstacle Course $350.00 Inflatable Dash N' Splash Combo $450.00 7/26/2024 Screen The Blockbuster (26' x 15') Santa Ana Zoo at Prentice Park $1,799.00 Accessory Generator (x5) $750.00 Inflatable Fun House Bouncer $200.00 Inflatable Fire N' Ice Dry Slide $500.00 Inflatable 25' Zip It Obstacle Course $350.00 Inflatable Dash N' Splash Combo $450.00 Total Invoice $ 28,343.00 Discount: $0 50% Deposit Required Balance Due $28,343.00 Additional Movie Proposal Including Additional Elements Date Type Description Park Name Total Due - Screen The Blockbuster (26' x 15') - $1,799.00 Accessory Generator (x5) $750.00 Inflatable Fun House Bouncer $200.00 Inflatable Fire N' Ice Dry Slide $500.00 Inflatable 25' Zip It Obstacle Course $350.00 Inflatable Dash N' Splash Combo $450.0 Total Invoice $ 4,049.00 Discount: $0 50% Deposit Required Balance Due $4,049.00 A La Carte Items Rate per 4 hours Item Price Item Price Photo Booth $399 Hi -Striker 17ft $300 Castle Bounce House $175 Gladiator Joust $600 Castle Combo $325 Cliff Hanger $900 Under the Sea Combo $325 Leaps & Bounds $800 Meltdown $1950 The Ultimate Playground $800 Pirates Revenge $3200 Popcorn Machine with Cart $550 Hard Rock Wall $1500 Snow Globe $600 Euro Bungee $3500 My Little Farm $450 Face Painters $350 Cotton Candy Cart $550 3-Play Sports $575 Boot Camp Challenge $1300 Caricature Artist $350 Henna Artist $350 F1 Fast & Fun Race Track with Pedal Cars $1550 Wild Wave Slide 26' $900 Mechanical Bull $1100 Rugged Warrior Half $1300 Balloon Artist $350 First and Ten Football Game $550 7 Element (Yellow, Green, and Purple) $550 Holiday Snowman jumper $600 Petting Zoo - Large (includes Alpaca or Mini Donkey) $750 Giant Soccer / Baseball Darts $500 Dunk Tank Large $500 Carnival Swings $3500 Trackless Train $1200 3-in-1 Slide, Climb & Bounce Combo 11 x 30 $550 Hippo Chow Down $750 Triple Lindy Surf N Slide $1300 Ferris Wheel $7000 Soccer Shootout $450 Laser Tag $1600 Hi Striker 10 ft $300 Petting Zoo - Small $500 Jet Airplane Ride - Screamer Slide $700 Snow Cone Cart $550 Rocky Mountain $1100 Extra Large Fun House $450 Wrecking Ball $750 Sports Splash Slide $500 Jacobs Ladder $1060 Wild Wave Junior Slide 21' $900 Alligator Alley - Roller Coaster $11000 Magic Show $500 Corn Maze $1300 Rugged Warrior $1950 Shooting Stars Basketball $525 Castle Jumper $525 65 Obstacle Course $750 Giant Cornhole $300 Wizzer Carnival Ride $850 Foam Dance Pit $1600 Triple Lindy $1000 7 Element Obstacle Course $550 Rugged Warrior 180 $2050 V-REC (Vertical Rush Extreme Competition) $1300 Vertical Rush $900 Pumpkin Bouncer $600 Ninja Warrior $1200 Human Gyroscope (Orbitron) $800 Dual Hi Striker 17ft $550 Euro Castle Bounce House $400 Junior Corn Maze $750 Sports Combo Twist $350 Bungee Run $600 Sorcerers Castle $650 Hawaiian Slip N Slide With Pool $400 Outer Space Mountain $700 Criss Cross Water Slide $600 Pillow Bash $550 Heavy Hitter $550 Rock N Roll $650 Lil Splash Water Slide $400 Tugga Touchdown $700 Leap of Courage $500 Zorbie Ball (Pair) $500 Boot Camp Extreme $1350 Acro Flight $1000 Vortex $750 20 Foot Accelerator Slide $700 Sticky Dodgeball $500 Big Kahuna Slide $500 Dunk Tank Collapsible $425 Toy Town Learning Center $550 Flipper Dipper Jumper $350 Black Ops $1300 Certifications A. PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. V(1',Yvt�7ett�rcrrA�r�rneqr tic— 310 373-3aq� LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 1-2- lvy I BUSINESS ADDRESS P#- r K 5--r. ,. C e f r. ' ro S, cl0 7 0 3 5) `eve of lUe(o PRINTED NAME OF AUTHORIZED AGENT TITLE 3 %2dl2y sreyecrn e Iurt6ad lnoy,,es.coo, SIGNATURE OF AUTk16RIZED AGENT DATE Y-MAIL ADDRESS �G1--2.Id&301tq FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) C. PROPOSERS STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm U I S`—WIQ I< EN t-elT d i'nWe n 7 I /C. Signed and Printed Name: Title: Le 5. J e N 'r- Date: -3 hd / ,7/ u sreveei P. AierJ D. NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State o ounty -ofS�� e•C Subscribed and sworn to or affirm d) before me on this day of 20 X , by Ski Y'E e(0 , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ALIRE2A MA2AMR1 Notary Public - California Ql'mv Las AngH*s Countycommission +t 2403509 Comm. Expires May 6. 2026 Notary Public Signature Notary Public Seal The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Title: (l" re S, 'de PI Y— Firm: V l 7. yytu'rt ,,r -t-eo-'ra.`/Al40et %I C Date: F. NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24,1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: U' / e 'Sr, d -' p r Firm: u I T f 'nnGt 7-c 6 N ?- -eY -r—A r %I GN-61 I-- l l C Date: '31 Z d ` -Z Y