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City of Santa Ana
Revised 8-7-03 Clerk of the Council
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A-2004-152
AGREEMENT WITH ALL ACCESS ENTERTAINMENT
TO PRODUCE THE FIESTAS PATRIAS CALIFORNIA CELEBRATION
This Agreement is entered into on J~ \ u /q , 2004, by and between the City of Santa Ana, a
charter city and municipal corpora~anized and existing under the Constitution and laws of
the state of California, (hereinafter referred to as "City") and All Access Entertainment Company,
(hereinafter referred to as "Event Producer").
RECITALS
A. The City desires to retain a company having special skill and knowledge in the field of
promotion of special events in order to "produce" the Fiestas of the Americas Event (said
"Event") for the City.
B. Event Producer has "produced" said Event on behalf of the Downtown Santa Ana Business
Association since 2001.
C. Event Producer shall ensure that the Event remains a positive, family-oriented event
reflective of the community.
D. Event Producer represents that it is able and willing to provide such services to the City.
E. In undertaking the performance of this Agreement, Event Producer represents that it is
knowledgeable in its field and that any services performed by Event Producer under this
Agreement will be performed in compliance with such standards as may reasonably be
expected :ITom a professional Event Producer in the field.
1.
SCOPE OF WORK
Event Producer shall produce said Event on September 11, 12, 2004 in the downtown area of
Santa Ana as described in Exhibit A attached hereto and incorporated herein by reference.
Additional terms included in Scope of Work shall be:
CITY shall retain the right to approve the general layout of said Event including the
placement of booths, stages, carnival rides, etc.
The Fiestas shall not include an event parade within the schedule of activities.
If a theme is considered in addition to Fiestas Patrias California Celebration, CITY and
Event Producer must reach mutual agreement as to said theme.
CITY shall retain final approval over all entertainment. City may at its sole discretion for
any reason may reject entertainment chosen by Promoter. Event Promoter shall produce a
complete stage schedule listing each performer and their associated time slot before
August 24, 2004. City will provide final approval before August 31, 2004 at which time
City will provide written approval in the form of a letter :ITom the Executive Director of
Community Development or her designee. A minimum of one main stage and associated
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entertainment shall be programmed and produced during the event duration. As part of
the entertainment package, Event Producer shall incorporate at least one "B" headliner for
Saturday and Sunday as part of the entertainment segment of the event. The "B"
headliner shall be a group that is recognized and established to be a regional draw within
their music genre. Additional stages may be added as the layout or other business factors
dictate during Event preparation.
Event Producer agrees not to sell any alcohol or tobacco products during the Fiestas event.
CITY shall receive copies of all press releases and advertising for the event at least 72
hours prior to the use in the Event promotion.
Ownership. CITY shall retain ownership of the complete sponsorship list to include any
and all additional sponsors that are acquired during the course of this Agreement.
Advertising. Sponsorship by alcohol product companies shall be considered, but must be
pre-approved by CITY. Absolutely no direct tobacco product advertising shall be allowed
within or associated with the Event.
Fees. Producer shall be responsible for all fees and/or costs associated with this event
including but not limited to additional Police, Fire, and Public Works. Promoter shall be
entitled to deduct fees and/or cost :ITom net revenues.
Litter/Trash. Event Producer will maintain continuous litter control during the entire
Event.
Promotional Documents. Event Producer will provide to CITY all distributed documents
related to marketing, promotions and administration as distributed.
Equipment. Event Producer shall provide all necessary equipment, resources and
manpower to develop and produce the Event.
Special Events. CITY shall retain the right to host an opening event, e.g. "Ribbon Cutting
Ceremony", and VIP Party, if CITY so elects.
Merchant Discount Program. Event Producer will be responsible to offer a discount on
purchasing a vendor booth within the event for at least a two (2) week period to merchants
with businesses along 4th Street and in the Fiesta Marketplace. Event Producer shall hand
out a flyer to all businesses within the specified area detailing the Discount Program at
least one week prior to the start of two (2) week discount period.
Financial Documentation. Within 30 days after the Event, Event Producer shall provide
the City with a complete and detailed financial ledger specifying all revenues and
reasonable expenses to determine the net revenue and submit to the City the sum of fifteen
(15%) of net revenues as specified in Section 3, Compensation.
2.
TERM.
CITY shall grant Event Producer a one-year (1) year Agreement.
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3.
COMPENSATION.
Event Producer shall remit to CITY a non-refundable sum oftwenty five thousand ($25,000)
dollars and non-refundable sum of fifteen (15%) percent ofthe net revenues ("net revenues" shall be
defined as all receipts for revenues to include but not be limited to sponsorship, booth sales, carnival
rides and games minus total reasonable expenses excluding but not limited to commissions, Event
Producer hotel and per diem charges, and Event Producer's labor costs.) as Compensation to City.
Event Producer shall remit the sum oftwenty five thousand ($25,000) dollars at least 30 days prior to
the scheduled event date or no later than August 13,2004. Event Producer shall not be entitled to a
refund of any portion of the twenty five thousand ($25,000) dollars and/or offset of any portion of
fifteen (15%) percent ofthe net revenues if said event fails to cover costs or make a profit.
The compensation fee of $25,000 will be fully refundable in the event that the City of Santa
Ana, Police or any other Authority orders the cancellation of the event due to any act not caused by
Force Majure or as defined under Section 4. Limitation of Liability.
4.
LIMITATION OF LIABILITY
Without limiting any express financial or liability provisions provided for in this Agreement,
City shall not be liable to Promoter for any indirect, consequential, exemplary, special, incident or
putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in
connection with this Agreement under any theory of tort, contract, warranty, strict liability or
negligence.
The foregoing limitation applies to all causes of action and claims, including but not limited
to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further
understood and agreed that City shall not be responsible for any loss or damage caused by EVENT
PROTEST, hostile or warlike action, terrorism, civil disorders or any governmental action, whether
such loss be direct or indirect, proximate or remote.
5.
INDEPENDENT CONTRACTOR
EVENT PRODUCER is an independent CONTRACTOR and not an employee of CITY and
all of CONTRACTOR'S personnel shall be employees or subcontractors of EVENT PRODUCER
and not employees of the CITY. EVENT PRODUCER 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.
6.
MISCELLANEOUS PROVISIONS
a. EVENT PRODUCER covenants that it presently has no interest, and shall not have
any interest, direct or indirect, which would conflict in any manner with the performance of services
required hereunder.
b.
EVENT PRODUCER will not discriminate against any employee, or applicant for
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employment, because of race, color, religion, sex, marital status, or national origin. EVENT
PRODUCER will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, religion, sex, marital status, 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 payor other forms of compensation, and selection for training, including apprenticeship.
c.
termination.
This Agreement may be terminated by City upon thirty (30) days written notice of
7.
CONFLICT OF INTEREST CLAUSE
Event Producer covenants that it presently has no interests and shall not have interests, direct
or indirect, who would conflict in any manner with performance of services specified under this
Agreement.
8.
INSURANCE
Prior to undertaking performance of work under this Agreement, Event Producer shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Event Producer shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising :ITom
bodily and personal injury, including death resulting there:ITom and damage to property, resulting
:ITom any act or occurrence arising out of Event Producer's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be
not less than the following: single limit coverage applying to bodily and personal injury, including
death resulting there:ITom, and property damage, in the total amount of $1 ,000,000 per occurrence.
Event Producer shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be
approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired
and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of
the Labor Code, Event Producer, if Event Producer has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Event Producer agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Event Producer is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000 per claim.
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e. The following requirements apply to the insurance to be provided by Event Producer
pursuant to this section:
(i)
Event Producer shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
(ii)
(iii)
f. If Event Producer fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured and
is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this
Agreement. Such termination shall not effect Event Producer's right to be paid for its time and
materials expended prior to notification of termination. Event Producer waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
9.
NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first
class or certified mail, postage prepaid, or sent by telefacsimile 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
telefacsimile (714) 647-6956
With courtesy copies to:
Downtown Development Manager
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
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telefacsimile (714) 647-6515
To Event Producer:
All Access Entertainment
Attn: Mr. Larry Gonzalez
2130 Sawtelle Boulevard, Suite 304
Los Angeles, CA 90025
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the
new address. If sent by mail, any notice, tender, demand, delivery, or other 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
telefacsimile, any notice, tender, demand, delivery, or other 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 :ITames, weekends, federal, state, County or City holidays shall be excluded.
10.
CONTRACT ADMINISTRATOR
The Executive Director ofthe Community Development Agency, or his/her designee, shall be
City's Contract Administrator for this Agreement and all approval and notices required to be given
herein shall be so directed and addressed.
11.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Event
Producer, 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 Event Producer. 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 Event Producer nor the City. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein.
12.
DISCRIMINATION
Event Producer shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Event Producer affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
13.
JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
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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.
14.
INDEMNIFICATION AND HOLD HARMLESS CLAUSE
Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, and representatives :ITom liability: (1) for personal injury, damages, just compensation,
restitution, judicial or equitable relief arising out of claims for personal injury, including health, and
claims for property damage, which may arise :ITom the direct or indirect operations of the Event
Producer or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in section 1 of this Agreement; and (2) :ITom any claim that
personal injury, damages, just compensation, restitution, judicial or equitable, including any claims
made by artist or representatives of artist that the City has violated any copyright law( s) relief is due
by reason of the terms of or effects arising :ITom 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 :ITom this Agreement. The Event Producer 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 :ITom this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
15.
BREACH
Inasmuch as this Agreement is intended to secure the specialized services of the Event
Producer to perform all necessary functions and activities for the two (2) day Fiestas Patrias
California Celebration of September 11 and 12, 2004 in Downtown Santa Ana, failure by Event
Producer to perform the Scope of Work, at a minimum specified in Section 1 and Exhibit A, shall be
considered a material breach of this agreement. The CITY shall be entitled to all legal and equitable
remedies including but not limited to incidental and consequential damages.
16.
ASSIGNABILITY
Inasmuch as this Agreement is intended to secure the specialized services of EVENT
PRODUCER, EVENT PRODUCER may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent ofthe 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 Event Producers retained by
CITY.
17.
COMPLIANCE WITH COPYWRITE LAWS
Event Producer understands that the songs used by its performers may be copywritten music
pursuant to federal law, and, if so, that the Artist may have certain rights relative thereto. This
Agreement is explicitly made subject to the artist rights under any such agreement and any applicable
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law or regulation, if any. To the extent that there is a conflict between any such agreement, applicable
law or regulation and this Agreement, the terms of such, applicable law or regulation shall prevail.
EVENT PRODUCER shall defend, indemnify and save harmless CITY, its officers, agents,
volunteers and employees, against any and all damages :ITom any and all claims, demands, suits,
actions, or proceedings of any kind of nature, including, but not by way of limitation, violations of
federal copywrite laws and/or regulations or by anyone whomsoever, in any way resulting :ITom or
arising out of EVENT PRODUCER'S acts or omissions in connection with this Agreement,
including acts or omissions of subcontractors and acts or omissions of employees or agents of
EVENT PRODUCER or its subcontractors.
18.
LICENSES
Event Producer 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 ofthe United States, the State of California, the City of
Santa Ana and all other governmental agencies. Event Producer shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
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PATRICIA E. HEAL
Clerk of the Council
CITY ¡;;~A ANA
~a-
DA VI N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHIÆ
City Atto~ey (J .
By:JY]L V~
Michael Vigliotta
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
PROMOTER
~a ricia C. WhItaker
Executive Director of the
Community Development Agency
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Exhibit A
1.
Set up conditions
a. Consultant shall provide all necessary equipment, resources and manpower to develop
and produce the Event.
b. Street closures for the carnival will begin Friday, September 10 at 8:00 a.m.
c. Street closures for the entire festival boundaries will begin Friday, September 10 at
8:00 p.m.
d. "No Parking" signage must be posted on those portions ofthe street that will be
affected by the closure 24 hours in advance of the event.
e. Consultant shall pay for traffic control layout plan for the event.
f. Consultant shall pay for the set up of traffic control for the event; minimum of two
staff personnel or as specified in the permit, maintaining the traffic control set up
during the event; tear down of traffic control at the end of the event.
2.
Trash
a. Consultant will maintain continuous litter control during the entire Event to include:
i. Maintain a professional cleaning crew during all open times of the event.
Consultant shall not allow trash to accumulate on the streets & sidewalks at
any time during the event.
11. Maintain dumpsters strategically placed throughout the event boundaries to
contain trash :ITom the event. Dumpsters shall be placed to avoid the :ITont of
establishments, where possible.
111. Have dumpsters emptied after the event closes on Saturday night and prior to
the opening on Sunday morning. Sufficient dumpster capacity for all trash
generated during the final cleanup of the Event on Sunday evening shall be
maintained for those crews.
3.
Break down conditions
a. The teardown ofthe festival will begin at 10:00 p.m. on Sunday, September 12.
b. Main and Broadway must be open to vehicular traffic no later than 5:00 a.m. on
Monday, September 13.
c. The entire festival boundaries must be open to vehicular traffic no later than 8:00 a.m.,
Monday, September 13.
d. The teardown of the carnival area on 3rd Street between Main and Spurgeon and on
Bush Street between 2nd and 3rd cannot begin until 7:00 a.m. on Monday, September
13 and must be completed and open to traffic no later than 3:00 p.m. on Monday,
September 13.
4.
Clean up
a. Cleaning of the sidewalks within the boundaries of the festival will be steam cleaned
by a contractor approved by the City. Consultant shall have all areas cleaned
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beginning Monday, September 13 and completed no later than Friday, September 17.
Map of area to be cleaned is attached as Exhibit B.
b. Access must be provided for emergency vehicles at all times (Minimum 20 foot
width).
5.
Vendor/Sponsor/Food booth management - Ownership
a. Vendor/booth vehicles cannot reenter the Festival once it has started and until 11 :30
p.m. on Saturday and 10:30 p.m. on Sunday night or until it is determined to be safe
for the general public by the Police Department Official in charge at the Fiesta.
b. All ticket sales at any booth including the Carnival must cease one hour prior to
closing of the festival each night.
c. All noise generated by this event shall remain within levels specified in S.A.M.C.
Section 18-132. Specifically noise levels shall not exceed 55 db between the hours of
7 a.m. to 10 p.m. and not to exceed 50 db between the hours of 10 p.m. to 7 a.m.
S.A.M.C. Section 10-153 (Loud and Raucous Notice) must be abided by all at all
times.
d. All booths' canopy support poles closest to the public sidewalk must be kept pushed
up to the curb at all times. The :ITont support posts cannot be placed past the gutter,
with the exception of French Street and pre-approval by the Fire Department.
e. Vendor vehicles must park in assigned locations at all times. Vendor vehicles parked
unauthorized locations will be towed at the vendor's expense.
f. A 20-foot wide fire lane must be maintained behind each stage at all times. Any
vehicles blocking this area will be towed at the owner's expense.
g. Vendor booths are prohibited :ITom placing items on the public sidewalk except in
those areas as approved on the official site plan.
h. Portable fire extinguishers are required for all food booths and rides.
1. No tables, chairs or other items can be placed in :ITont of the approved booth locations.
J. All booths must maintain their area in a clean condition at all times. It is prohibited to
dump trash, food, etc on the event grounds. Failure to follow this rule will result in
loss of security deposit.
k. No flyers, newspapers, and/or pamphlets are to be distributed except by booth vendor
or sponsor with committee approval.
I. No speakers outside booth and no live entertainment are allowed except on the
approved stages.
m. Amplified music or vocal presentation will be allowed only within a 20 feet distance
of all vendor booths as determined by City and Event staff except where previously
authorized in writing by the City and on the main entertainment stage.
n. All cooking in all booths at the Fiesta must cease cooking a minimum of one hour
prior to the closing of the festival each night. Saturday - 9 p.m., Sunday 8 p.m.
Vendors may not sell or give away product after the closing time of the event.
o. City shall retain ownership ofthe complete sponsorship list to include any and all
additional sponsors that are acquired during the course ofthis License Agreement.
Consultant shall be required to submit, in electronic format, all records relating to the
event to City. Said list shall include specific points of contact with addresses and
phone numbers.
p. It is prohibited to sell canned or glass beverages without city approval. Alcohol
canned or glass beverages will not be approved by City.
q. All food booths must comply with all state health regulations at all times.
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r. Food vendors must be nonprofit, must obtain a California Health Permit, and must
obey all health laws.
s. Food vendors must have a fire extinguisher that is up to date, or vendor will not be
permitted to serve food.
t. No homemade gas lines or propane bottles permitted.
u. All booths must have a City of Santa Ana Business License or a One-Day Peddlers
License.
6.
Carnival
a. Carnival can begin set up of rides no sooner than 8:00 a.m., Friday, September 10.
b. Carnival will not be allowed to store equipment prior to the set up time on city owned
property and city right of way.
c. Carnival staff will not be allowed to sleep inside the Festival boundaries.
d. Carnival must supply restroom facilities for their staff during set up.
7.
Conditions during event
a. Access must be provided for emergency vehicles at all times (Minimum 20 foot
width).
b. Consultant agrees not to sell or distribute any alcohol or tobacco products during the
Festival event.
c. Consultant will pay for a standing fire watch during the entire event.
d. Consultant will pay for code enforcement during the event.
e. Consultant will pay for all police personnel needed to protect the safety of people
attending the event, crowd control, etc. during the entire event.
f. Event hours will be during the following time periods:
i. Saturday, September 11 th: 11 :00 a.m. to 10:00 p.m., Carnival will end at 11
p.m.
11. Sunday, September Ith: 11 :00 a.m to 9:00 p.m., Carnival will also end at 9
p.m.
g. The main stage will be activated during the following time periods of the festival:
i. Saturday, September 11 - 12 p.m. to 9 p.m.
ii. Sunday, September 12 - 12 p.m. to 9 p.m.
Entertainment on any stage is prohibited :ITom tossing giveaways into the crowd. This
also applies to the live remotes :ITom any radio station.
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Exhibit B ~...".' r~'
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ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising :ITom the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
Exhibit C
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CITY OF SANTA ANA
OFFICE OF THE CITY ATTORNEY
20 CIVIC CENTER PLAZA M.29 . P.O. BOX 1988
SANTA ANA, CALIFORNIA 92702
(714) 647.5201 . Fax (714) 647.6515
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Patricia E. Healy
. 'MA YÔR
. Miguel A. Pulido
MAYOR PRO TEM
Brett E. Franklin
COUNCILMEMBERS
Claudia C. Alvarez
Lisa B ist
Alberta D. Christy
Mike Garcia
Jose Solorio
october 18, 2004
VIA FIRST CLASS MAIL
Larry Gonzalez
All Access Entertainment
2130 Sawtelle Boulevard, Suite 304
Los Angeles, CA 90025
Re: Fiestas Patrias California
Dear Mr. Gonzalez:
This letter is to memorialize our telephone conversation regarding the typographical error in
Recital A of the Agreement to Produce the Fiestas Patrias California Celebration. The "name" of
the event is Fiestas Patrias California celebration and the contract recital misstates the name as
Fiestas of the Americas event. Thank you for providing me with your original contract with the
mistake "lined out" and the correct name written in and initialed. I am returning the original to
you and will keep a copy for our file along with a copy of this letter.
If you have any questions regarding this response please do not hesitate to contact me.
Very truly yours,
JOSEPH W. FLETCHER
City Attorney
..
By
Michael Vigliot
Deputy City Attorney
Enclosure
C.S e7~
~UAANCE NO¡ ~
. WORK MAY NJ, ~ _~D
CLERK O~ Cù,-., ",I L
DATE: C/-, I f.--di
A-2004-152
AGREEMENT WITH ALL ACCESS ENTERTAINMENT
TO PRODUCE THE FIESTAS PATRlAS CALIFORNIA CELEBRATION
This Agreement is entered into on :0-' If I q , 2004, by and between the City of Santa Ana, a
charter city and municipal corpora~nized and existing under the Constitution and laws of
the state of California, (hereinafter referred to as "City") and All Access Entertainment Company,
(hereinafter referred to as "Event Producer").
RECITALS
A. The City desires to retain a company having special skill and knowledge in the field of
promotion of special events in order to "produce" thHic.5t~ of tilt; A.ulei¡~a:s Event (said ~
"Event") for the City. . "';;¡è!-rl..u ¡J1t-f^- ',t) 8/f-1. JJv-.-'c'''''
B. Event Producer has "produced" said Event on behalf of the Downtown Santa Ana Business tl:>
Association since 2001.
C. Event Producer shall ensure that the Event remains a positive, family-oriented event
reflective of the community.
D. Event Producer represents that it is able and willing to provide such services to the City.
E. In undertaking the performance of this Agreement, Event Producer represents that it is
knowledgeable in its field and that any services performed by Event Producer under this
Agreement will be performed in compliance with such standards as may reasonably be
expected :ITom a professional Event Producer in the field.
1.
SCOPE OF WORK
Event Producer shall produce said Event on September 11, 12, 2004 in the downtown area of
Santa Ana as described in Exhibit A attached hereto and incorporated herein by reference.
Additional terms included in Scope of Work shall be:
CITY shall retain the right to approve the general layout of said Event including the
placement of booths, stages, carnival rides, etc.
The Fiestas shall not include an event parade within the schedule of activities.
If a theme is considered in addition to Fiestas Patrias California Celebration, CITY and
Event Producer must reach mutual agreement as to said theme.
CITY shall retain final approval over all entertainment. City may at its sole discretion for
any reason may reject entertainment chosen by Promoter. Event Promoter shall produce a
complete stage schedule listing each performer and their associated time slot before
August 24, 2004. City will provide final approval before August 31, 2004 at which time
City will provide written approval in the form of a letter :ITom the Executive Director of
Community Development or her designee. A minimum of one main stage and associated
1