HomeMy WebLinkAboutACOSTA ASSOCIATES 2 - 2005AGREEMENT TERMINATION
PIease complete this form when the attached agreement is no longer m effect.
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was completed on 110,110 `1 , and final payment has been made.
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Signature: J x) -y 0z)
Date: _:,?)1ICA 11S�7
City of Santa Ana
Revised 8 -7 -03 Clerk of the Council
A- 2005 -013
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NON- EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS
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THIS AGREEMENT, made and entered into this day of ,1Ja Vaale /_ , 2006 by
Acosta Associates, a California Corporation (hereinafter "Operator "), and the City o Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws
of the State of California (hereinafter "City").
RECITALS
On November 1, 2004, the City issued a Request For Proposals for carnival operators to provide
carnivals at specified City owned parks.
Operator submitted a proposal to provide carnival services.
Operator represents that Operator is able and willing to provide carnival services as specified in the
Request For Proposals to the City.
In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in
its field and that any services performed by Operator under this Agreement will be performed in
compliance with such standards as may reasonably be expected from a professional carnival
operator in the field.
NOW THEREFORE, in consideration of the mutual and respective promises set forth
herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
PREMISES AND USE
(A) The City of Santa Ana owns the following community parks ( "Parks ") within its
boundaries: Delhi Park, located at 2314 S. Halladay St.; Campesino Park, located at 3311 W. 5`h
St.; and, El Salvador Park, located at 1825 W. Civic Center Dr. West. City hereby grants to the
Operator a non - exclusive, revocable user agreement to encroach upon the specific areas of the
above stated Parks ( "Carnival Areas ") delineated in the renderings of the Parks attached hereto
and collectively referenced as Exhibit "A ", for the purpose of providing carnivals and for no
other purpose. Operator shall provide one (1) carnival ( "Carnival Event ") at each location during
the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and
Community Services Agency as set forth in Section 3 hereof.
(B) The right and permission of Operator is subordinate to the prior and paramount right
of the City to use the City owned Parks described herein above in their entirety for public
purposes to which they presently are and may, at the option of the City, be devoted. Operator
agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere
with the full use and enjoyment of the Parks by the City, its residents and guests.
(C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees
never to assail or challenge the same, and further agrees that Operator's use and occupancy of
the Carnival Areas within the Parks shall be limited solely to the permission for such use and
occupancy granted herein.
(D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all
of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP 04-
129-PRCSA, issue date November 1, 2004, (hereinafter "RFP ") attached hereto as Exhibit `B"
and incorporated herein by reference. Any failure to adhere to and comply with the terms,
conditions and responsibilities enumerated in the Request For Proposal, RFP 04- 129 -PRCSA
shall be deemed a breach of this Agreement and of the RFP.
(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event
should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather,
the City at its discretion may grant Operator alternative dates for the conducting of the Carnival
Events within the term of this Agreement. If Operator desires to obtain alternative dates as
provided in this paragraph, Operator must timely request the same from City.
2. SCOPE OF SERVICES
Operator shall provide at each of the Parks identified a full service carnival complete with
the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement.
3. FEES /DEPOSITS /PERMITS /LICENSES
At least 10 days prior to the commencement date of each Carnival as set forth below,
Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth
below.
Operator agrees to pay the City and City agrees to accept from Operator the following
fees per Carnival Event.
J%rkt�val Dates
Fee
$4,000.00
Delhi Park
March 17 -19, 2006
$4,000.00
Cesar Chavez Park
March 24 -26, 2006
$4,000.00
El Salvador Park
August 18 -20, 2006
In addition to the fees set forth herein, Operator shall pay all required City fees and
deposits including the fees for police services and Park clean up, and obtain all required permits
and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and
payable as set forth in the RFP. A late charge of 10% shall be applied to the fee amount after
any payment is due but unpaid. In addition, an interest charge of one and one -half percent (1
1/2%) per month will be added to for each month that any fee or portion thereof remains due and
unpaid.
4. SECURITY DEPOSIT
Contemporaneously with the execution of this Agreement, Operator shall deposit with
City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City,
without liability for interest, as security for the faithful performance by Operator of all the terms,
covenants, and conditions of this Agreement to be kept and performed by Operator during the
Term of this Agreement, or any extension thereof, and including the removal of Operator's
facilities as set forth herein. Assuming successful completion of all terms and conditions of this
Agreement, including those within the RFP, the security deposit and any unused fees shall be
returned within 60 days of the final carnival activity provided for herein.
5. TERM
This Agreement shall commence on the date first written above and terminate on January
31, 2007 unless terminated earlier in accordance with this Agreement. The term of this
Agreement may be extended for an additional 1 year term at the City's sole discretion through a
writing executed by the Executive Director of the Parks Recreations and Community Services
Agency and the City Attorney.
6. NON - POSSESSORY INTEREST
City retains full possession of the Park and Carnival Area and Operator will not acquire
any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this
Agreement, or by the exercise of the permission given herein. Operator will make no claim to
any such interest. Any violation of this provision will immediately void and terminate this
Agreement.
7. NON RECORDING
Neither party shall record this Agreement
8. RECORD KEEPING AND AUDIT
A. Operator shall establish and maintain separate accounting records for each
Carnival Event at the specified Parks. Operator's accounting system shall conform to generally -
accepted accounting principles and all records shall provide a breakdown of total costs and
revenues associated with the Park Carnival Events.
B. All Operator's records of revenues and repairs pertaining to the Carnival Events
referenced herein shall be kept for the duration of this Agreement and made available at all times
for audit by City upon request
9. INDEPENDENT CONTRACTOR
Operator 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
Operator performs the services which are the subject matter of this Agreement; however, the
services to be provided by Operator shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Operator 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.
10. INSURANCE
Prior to undertaking performance of any work relative to a Carnival Event under this
Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and
maintain insurance as described below:
A. Commercial General Liability Insurance. Operator 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
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Operator'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 therefrom, and property damage, in the total amount of $5,000,000 per
occurrence. Operator shall supply City with a fully executed additional insured endorsement in
substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, 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 $2,000,000 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, Operator, if Operator 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, Operator agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
D. If Operator 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.
E. The following requirements apply to the insurance to be provided by Operator
pursuant to this section:
i. Operator shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
iii. 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; and shall state as follows:
"The above detailed coverage is not subject to any deductible or
self - insured retention, or any other form of similar type limitation. "
iv. A complete and signed certificate of insurance with all endorsements
required by this Section shall be filed with City prior to the execution of this Agreement.
At least thirty (30) days prior to the expiration of any such policy, a signed and complete
certification of insurance showing that coverage has been renewed, shall be filed with the
City.
F. If Operator 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. Operator agrees to indemnify the City for any work performed prior
to approval of insurance by the City.
11. INDEMNIFICATION
Operator agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, 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 health, and claims for property damage, which may arise from the direct or
indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other
persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 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 Agreement or by reason of the terms of, or effects,
arising from this Agreement. The Operator 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.
Operator shall protect, defend, indemnify and save and hold harmless the City, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation costs and fees of litigation of any nature) arising out of or in
connection with Operator's performance of this Agreement or any failure to comply with any of
Operator's obligations contained in this Agreement by Operator, its officers, agents or
employees.
12. TRASH /UTILITIES /CLEANUP
Operator is responsible for the collection and disposal of all trash as specified in the RFP
(Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Operator is
responsible for the continuous cleaning of the City Park, including the restrooms, at all times
while acting pursuant to this agreement as set forth in paragraphs A2 — A4 of the RFP. The area
to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further,
with the exception of the City supplying two (2) potable water hookups as set forth in paragraph
A9 of the RFP, Operator is responsible for supplying all utilities to be used during the Carnival
Events, including supplying the required portable toilets as specified in the RFP.
13. HAZARDOUS MATERIALS
Operator represents and warrants that its use of the Carnival Area herein will not generate
any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor
transport to or over the Park and/or Carnival Area any hazardous substance. Operator further
agrees to clean -up and remediate any hazardous substance on the Park and/or Carnival Area and
Property, and hold City harmless from and indemnify City against any release of any such
hazardous substance and any damage, loss, or expense or liability resulting from such release
including all attorneys' fees, costs and penalties incurred as a result thereof except any release
caused by the negligence of City, its employees or agents. "Hazardous substance" shall be
interpreted broadly to mean any substance or material defined or designated as hazardous or
toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other
similar term by any federal, state or local environmental law, regulation or rule presently in
effect or promulgated in the future, as such laws, regulations or rules may be amended from time
to time; and it shall be interpreted to include, but not be limited to, any substance which after
release into the environment will or may reasonably be anticipated to cause sickness, death or
disease.
14. WASTE OR NUISANCE
Operator shall not commit or permit the commission by others of any waste on the Park
or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or
commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California
Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the
Park or Carnival Areas for any unlawful purpose.
15. PUBLIC NECESSITY
City may immediately temporarily suspend operation of this Agreement and the Carnival
Event in the event of public necessity or emergency, as may be determined by the City Manager.
Such suspension will terminate when the public necessity or emergency no longer exists.
16. ON -SITE OFFICE
One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location
pre - determined by the Park Superintendent, to be used exclusively as a business office by
Operator. This vehicle must be equipped as an office and used only as such. Under no
circumstances is this vehicle to be used for sleeping accommodations while on Park premises.
The office vehicle will be allowed on the premises for the period provided for all other carnival
equipment pursuant to the RFP.
17. LIENS
Operator will not permit any mechanics' or materialmens' or other liens to stand against
the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person
claiming under Operator.
18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION
In the event of any damage, destruction or condemnation of the Park and/or Carnival
Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's
judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with
respect to the subject Carnival Area by giving written notice to the City within thirty (30) days
after such damage, destruction or condemnation. If by virtue of such damage, destruction or
condemnation, City determines that the Park and / or Carnival Area is no longer adequate for
Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy
such damage, destruction or condemnation have not been completed or cannot reasonably be
completed outside of forty -five (45) days from the date of the up coming scheduled carnival,
City may terminate this Agreement upon thirty (30) written notice to Operator.
In the event of condemnation, unless Operator is allowed by the condemning authority to
continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to
the Property vests in the condemning authority or Operator is required to cease its operations,
whichever is earlier. If any property described herein or hereinafter added hereto is taken in
eminent domain, the entire award shall be paid to City.
19. TERMINATION
This Agreement may be terminated by the City without cause upon thirty (30) days
written notice of termination. City may terminate this Agreement for cause upon three (3) days
written notice for any violation of the terms contained herein.
20. DEFAULT BY OPERATOR
Should Operator default in the performance of any of the terms, conditions, or obligations
contained in this Agreement, City may, in addition to the remedies specified elsewhere in this
Agreement and the attached RFP, re -enter and regain possession of the Carnival Area in the
manner provided by the laws of unlawful detainer of the State of California then in effect.
21. INSOLVENCY OF OPERATOR
The insolvency of Operator as evidenced by a receiver being appointed to take possession
of all or substantially all of the property of Operator, or the making of a general assignment for
the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this
Agreement and entitle City to re -enter and regain possession of the Carnival Area.
22. CUMULATIVE REMEDIES
The remedies given to City in this Agreement shall not be exclusive, but shall be
cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere
provided in this Agreement.
23. WAIVER OF BREACH
The waiver by City of any breach by Operator of any of the provisions of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either
of the same or another provision of this Agreement.
24. CONFLICT OF INTEREST CLAUSE
Operator 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.
25. 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, addressed to the party concerned as
follows:
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:
and,
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Telefacsimile (714) 647 -6515
To Operator:
Robert Acosta
74550 Fairway Drive
Palm Desert, CA 92260
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. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
26. CONTRACT ADMINISTRATOR
The Executive Director of Parks Recreation and Community Services 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.
27. COMPLIANCE WITH LAWS
Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state, county
and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and
Operator's facilities whether such statute, ordinances, regulations, and requirements be now in
force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the
admission by Operator in a proceeding brought against Operator by any government entity, that
Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive
as between City and Operator and shall be considered grounds for termination of this Agreement
by City. Operator will obtain all permits and other governmental approvals, required in
connection with Operator's activities hereunder, and update such permits /approvals as necessary.
28. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Operator, 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,
including the RFP, 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
Operator. 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 parties, which are not embodied herein.
29. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Operator,
Operator 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 Operators retained by City.
30. NON - DISCRIMINATION
Operator 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. Operator affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
31. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed 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
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.
32. ATTORNEY'S FEES
10
Except as otherwise provided in this Agreement, in the event suit is brought by either
party to enforce the terms and provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees.
33. PROFESSIONAL LICENSES
Operator 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. Operator 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.
34. BINDING ON HEIRS AND SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this Section shall
not be deemed to be a waiver of any of the conditions against assignment set forth herein.
30. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
termination, or expiration of this Agreement, shall so survive
35. MISCELLANEOUS PROVISIONS
A. Each undersigned represents and warrants that its signature hereinbelow 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
11
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Jos)
City Attorney
RECOMMENDED FOR APPROVAL:
Gerardo Mouet
Executive Direct r of the
Parks Recreation and Community
Services Agency
12
CITY OF SANTA ANA
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DAVID N. REAM
City Manager
OPERATOR
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REQUEST FOR PROPOSALS
RFP 04- 129 -PRCSA
FOR A CARNIVAL VENDOR TO PROVIDE CARNIVALS
AT CITY OWNED PARKS
KEY RFP DATES:
Issue Date: November 1, 2004
Pre - proposal Conference: November 12, 2004
Proposal Due Date: November 24, 2004
Project Coordinator:
Lorraine Lazarine- McCarty
Community Affairs Manager
Exhibit B
REQUEST FOR PROPOSAL
Notice is hereby given that sealed proposals will be received for EIGHT (8) CARNIVALS TO BE
PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the Parks,
Recreation and Community Services Agency, Budget and Accounting Section, 888 W. Santa Ana
Blvd. 2"d Floor, Santa Ana, California, until 5:00 P.M., WEDNESDAY, NOVEMBER 24, 2004. If
fiuther information is needed, contact Robert Carroll, via email at rcarroll @ci.santa - ana.ca.us, or phone
at (714) 571 -4218.
MAILED proposals should be addressed as follows:
Parks, Recreation and Community Services Agency
Budget and Accounting Section M -23
P.O. Box 1988
Santa Ana, CA 92702
Attn: Robert Carroll
or delivery by hand or courier to:
Parks, Recreation and Community Services Agency
Budget and Accounting Section M -23
888 W. Santa Ana Blvd. 2' Floor
Santa Ana, CA 92701
Attn: Robert Carroll
It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be
received by the Budget and Accounting Section prior to proposal due date and time. Late proposals
will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section
will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile
proposals will not be accepted.
I. GENERAL
PROPOSAL SUBMISSIONS
Proposals must be submitted to the Budget and Accounting Section in a sealed envelope
showing on the outside, the name of the bidder, RFP NO. 04- 129- PRCSA, and the proposal due
date and time. All proposals must be signed by an authorized representative of the vendor.
2. PROPOSAL WITHDRAWAL
Proposals may be withdrawn by written request received before the hour set for the opening.
After that time, the vendor may not withdraw proposals for a period of ninety (90) days from
the date of the opening.
3. LATE PROPOSALS
It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time
to be received by the Budget and Accounting Section prior to the proposal due date and time.
Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for
proposals lost or delayed in the mail. Late proposals will be returned to the vendor
unopened.
4. REQUIRED DOCUMENTS
Vendor must return the following completed documents with their proposal:
• Detailed proposal of services in accordance with the specifications detailed in Section V.
Proposal should take into consideration the evaluation criteria included in Section IV and
should not to exceed 10 pages.
• Signed proposal form (Section VI);
• A letter or printout of vendor's safety related incidents from insurance company, current or
previous, spanning the past three (3) years (Section VII);
• Completed vendor's references sheet (Section VII);
• A resume or summary detailing vendor's qualifications, accomplishments, and membership
in any professional and/or industry organizations;
• A representative sample of photos of vendor's past events and/or vendor's equipment;
• A list of ride equipment owned, used and/or operated in vendors events, with description
and age of all rides;
• Completed Proposal Summary and Deviations from Specifications (Section VIII)
• Any other information the vendor may chose to submit.
• Attachments A, B, and C are for reference only, but will required after the contract is
awarded to the successful vendor.
Vendor must submit one original and eight photocopies of each proposal offered.
5. RIGHTS RESERVED
The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any
informality or technical defect in a proposal.
6. LICENSE AGREEMENT
Successful vendor(s) will be required to enter into a License Agreement with the City of Santa
Ana. The City reserves the right to enter into an agreement with said License Agreement with
anv, all, or none of the vendors for a one -year period, with the option of extending the License
Agreement for two additional one -year terms.
SELL OR ASSIGN
The successful vendor shall not have the right to sell, assign, or transfer any obligations
resulting from this proposal without the specific written consent of the City.
8. LOCAL SALES TAX CONSIDERATION
In accordance with the Santa Ana Municipal Code, a one percent (1 %) preference will be
applied to all proposals for taxable goods submitted by suppliers located within the City limits
of Santa Ana.
9. RECEIVING TIME
The receiving time in the Budget and Accounting Section will be the governing time for
acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be
accepted.
10. COMPLIANCE WITH LAWS
All proposals shall comply with current federal, state, and other laws relative thereto. Vendor
further agrees that the services proposed comply with all applicable Federal and State
Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify
and hold the City harmless for any failure to so conform.
11. REFERENCE TO SUCCESSFUL VENDOR
The terms vendor, supplier, proposer, or contractor may be used interchangeably in these
specifications and shall refer exclusively to the vendor(s) with whom the City enters into
contract as a result of this request for proposal.
12. INQUIRIES
Refer inquiries in writing via email to Robert Carroll, rcarrollna,ci.santa- anaca.us.
13. AWARD OF BASE PROPOSAL OR ALTERNATE PROPOSAL
The City of Santa Ana reserves the right to award either the Base Proposal or any Alternate
Proposals offered, whichever is in the best interest of the City.
14. RIGHTS RESERVED
The City reserves the right to contract with any, all, or none of the carnival vendors who submit
base proposals and/or alternate proposals.
15. E -MAIL COMMUNICATIONS
To facilitate the RFP process, vendors are required to monitor and respond to e-mail requests
on a daily basis.
16. PRE - PROPOSAL CONFERENCE
A pre - proposal conference will be held on Friday, November 12 at 1:30 p.m. in the 2 "d Floor
Large Conference Room of Santa Ana Parks, Recreation and Community Services Agency, 888
W. Santa Ana Blvd., Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571 -4218, by
Wednesday, November 10, 2004. All proposers are strongly encouraged to attend.
II. SCOPE
The City of Santa Ana is requesting proposals from carnival vendor(s) to conduct eight (8)
carnivals on City-owned park property during the period of March through September 2005 as
specified in the table below. A map of each park with the general event area highlighted is
attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment
will be identified at the pre -event meeting.
Park Site
Event Area at
Event Parking
Maximum Size/Scale of Event
Park
for Public
1
Cesar Chavez/
Between "Tot Lot"
Parking lot
Up to 14 carnival rides, 12 game booths, 8 food
Campesino
and 5th St.
with street
and information booths. No live entertainment
March 11 -13
overflow
2
Delhi Park
Northeast comer
Parking lot
Up to 15 carnival rides, 12 game booths, 8 food
March 18 -20
of park
and information booths. No live entertainment
3
Jerome Park
Picnic area
Parking lots
Up to 16 carnival rides, 12 game booths, 8 food
April 1 -3
and information booths. No live entertainment
4
Cesar Chavez/
Between "Tot Lot"
Parking lot
Up to 14 carnival rides, 12 game booths, 8 food
Campesino
and 5th St.
with street
and information booths. No live entertainment
May 13 -15
overflow
5
Madison Park
Ball diamond and
Parking lot
Up to 12 carnival rides, 12 game booths, 8 food
May 27 -30
T -ball diamond area
and information booths. No live entertainment
6
Jerome Park
Picnic area
Parking lots
Up to 16 carnival rides, 12 game booths, 8 food
July 14
and information booths. No live entertainment
7
El Salvador
Grass area off of
Parking lot
Up to 15 carnival rides, 12 game booths, 8 food
August 19 -21
Civ. Ctr. and
and information booths. No live entertainment
around ball field
8
Madison Park
Ball diamond and
Parking lot
Up to 12 carnival rides, 12 game booths, 8 food
September 2 -5
T -ball diamond area
and information booths. No live entertainment
III. EVALUATION OF PROPOSALS
Vendors will be evaluated based on their ability to conduct successful events in both the small carnival
and large carnival categories. For the purposes of this RFP, carnivals conducted at Delhi, Cesar
Chavez/Campesino and El Salvador parks are considered small carnivals. Carnivals conducted at
Jerome and Madison parks are considered large carnivals. An evaluation committee will recommend
the most qualified vendors for each the small and large carnival event categories. A committee of City
staff representing various departments will evaluate all proposals based on the following criteria:
Equipment, Capability, and Functionality of Vendor 20%
1. Equipment and related safety specifications of equipment to be used.
2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to
event participants or the general public.
3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications.
Level of Service and Support 20%
1. Responsiveness and thoroughness of proposal.
2. Ability to accommodate proposed carnival dates and locations.
Experience of Firm and Personnel 20%
1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications
of those individuals.
2. Experience and technical expertise of personnel, including operators, with implementing
carnivals and special events in other cities.
Past Performances 40%
1. Past record of performance on contracts with other cities, governmental agencies or public
bodies, including such factors as reliability, park damage prevention and compliance with
contract terms and conditions.
2. The vendor's capacity to perform the work within time specifications.
3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's
record of carnival related incidents from vendor's insurance company.
FOLLOW -UP OF EVALUATION PROCESS BY VENDOR
Vendors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at
rcarroll @ci.santa - ana.ca.us or by phone at (714) 571 4218.
REVIEW EVALUATION RESULTS AND AWARD
After award, the evaluations will become public record. Interested vendors may submit a request in
writing, along with a self-addressed stamped envelope to receive results of the evaluation. Submit your
request to Budget and Accounting Section M -23, Parks, Recreation and Community Services Agency,
888 W. Santa Ana Blvd. 2"d Floor, Santa Ana, CA 92701.
V. SPECIFICATIONS
Vendor must submit a detailed proposal of the services offered in response to specifications below.
Proposal must include a detailed response that addresses the specifications and should not to exceed 10
pages. Vendor must also return all requested documents with their proposal as specified in Item I.4. of
this document. Applicants are asked to use 12 point Times New Roman font.
A. VENDOR'S RESPONSIBILITIES
1. PROOF OF INSURANCE — Upon selection, vendor must be able to provide proof of
$1,000,000 general liability insurance for each event a minimum of ten (10) business days
before the event. The insurance certificate must name the "City of Santa Ana, its Officers,
Agents and Employees" as additionally insured. It must also contain a promise of written
notice of cancellation and the "endeavor to" clause used in such certificates is not acceptable.
2. REQUIRED CLEANUP/DAMAGE DEPOSIT - Upon selection, vendor must provide a $5,000
refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and
Community Services Agency a minimum of ten (10) business days before the start date of the
event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of
the park, unforeseen security or staff costs, or any other charges caused by the event. Any
remaining monies from the deposit will be refunded to vendor at the conclusion of each
carnival. Should costs incurred by the vendor (as stated above) be greater than the total deposit,
the vendor will be invoiced for the balance due. The vendor will be required to submit the
balance due 10 days prior to conducting another event.
The vendor agrees that failure to pay the cleanup /damage deposit and/or any other outstanding
balances a minimum of ten (10) business days prior to the start of the event will result in a
penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is an
unpaid balance due.
3. CLEANUP DURING AND AFTER THE EVENT — The vendor agrees that they have full
responsibility for continuously cleaning the park by removing all trash and debris on the
ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing
restrooms from the time the first vendor employee arrives at the park site for set up until the last
vendor employee leaves the park. "Continuous" shall mean, for the purpose of this agreement,
to dedicate employees whose priority is to the tasks listed above. Furthermore, the vendor
agrees to be responsible for cleanup of the event site and the surrounding areas after the event.
Vendor agrees to arrange for trash pick -up in the parking lots and surrounding neighborhood
after each day at vendor's expense. Failure to provide continuous clean-up will result in
dispatching City staff to perform this work at the vendor's expense or the City hiring a private
contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor
fails to perform this responsibility.
4. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and
vehicular traffic and the vendor fails to perform as required in Item V.A.3. of this document, the
City will arrange for the parking lots and major streets surrounding the park to be swept on the
day following the last day of the event at vendor's expense. Furthermore, the vendor agrees to
pay a $500 penalty for failure to perform this responsibility.
5. DUMPSTERS — Vendor is responsible for providing the appropriate number of 40 yard roll -off
dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00
p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty
of $500 per day that the dumpsters are not provided and removed as indicated.
6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Vendor must provide a plot plan
utilizing the land use certificate format for the overall equipment set up by a minimum of ten
(10) business days before the event. The plot plan must include entrances, exits, all necessary
barricading, location of rides, booths, restrooms, and electrical equipment. This plot plan is
required by the Police Department, the Fire Department, the Planning and Building Agency
(Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange
County Health Department. Vendor must walk the plot plan through the City Planning and
Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further
information on the plan check process, please contact the Santa Ana Police Department at (714)
245 -8718 or (714) 245 -2709. Copy of approved plot plan must be provided to the Santa Ana
Police Department and to the Parks, Recreation and Community Services Agency. Vendor
agrees to pay a $500 penalty per day for each day late in providing the plot plan.
7. CARNIVAL LICENSE FEE— Vendor understands and agrees to pay the required carnival
license fee for each event. Checks shall be made payable to "The City of Santa Ana ". The
license fee is $4,000 for carnivals conducted at El Salvador, Delhi, and Campesino /Cesar
Chavez parks, and $7,000 for carnivals conducted at Jerome and Madison parks.
8. FIRE AND ELECTRICAL INSPECTION — Ten (10) business days prior to the event, the
vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana
Planning and Building Agency for an electrical inspection of all generators, carnival equipment,
and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day
late in scheduling appointments as indicated.
If there will be five (5) or more cooking booths at the event, vendor must arrange for fire watch
service with the Fire Department by calling (714) 647 -5700. The fire watch will be provided at
the vendor's expense and must be paid a minimum of five (5) business days prior to the event.
The required number of standby inspectors per event will be determined during the plan check
(See Item V.A.6.). Actual event rules and regulations will be provided to the vendor at plan
check and copies shall be provided to each booth operator by the vendor. Vendor agrees to pay
a $500 penalty per day for each day late paying fire watch fees.
Vendor must provide all event electricity. Hookups to park electrical outlets will not be
permitted. Vendor agrees to pay a $500 penalty per day for each violation.
9. O.C. HEALTH DEPARTMENT REQUIREMENTS — Vendor must obtain food permits and
food booth inspections from the Orange County Health Department a minimum of ten (10)
business days before the event. Any booths or vendors not receiving prior approval from the
Orange County Health Department will not be allowed to operate. Food booths are only
allowed to operate for the duration of the event during event hours only. To obtain food
permits and schedule booth inspections, vendor must contact the Orange County Health
Department at (714) 667 -3610. Vendor agrees to pay a $500 penalty per day for each day late
in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a
$500 penalty per day for each food booth discovered operating without prior approval of the
O.C. Heath Department.
Parks and Recreation will provide two (2) potable water hookups during the entire event.
These water hookups are to be used ONLY for sanitation purposes in compliance with the
Orange County Department of Health regulations, and are not for camping or refreshment
preparation use. Vendor agrees to pay a $500 penalty per day for each violation.
10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS
(BUSINESSES AND /OR NON - PROFIT ORGANIZATIONS) — Carnival promoter is
responsible for supplying the Business License Office with a list of pre- approved potential
vendors before sending vendors to the Business License Office, in order to avoid unapproved
vendors from vending during the event, or carnival promoter can collect all the necessary
information and fees from the vendors and submit the entire packet to the Business License
Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to
pay a $500 penalty per day for each day late in submitting/paying the packet to the Business
License Office.
All vendors, business or non -profit organizations (selling or information only), which vend on
City Property are required to possess a City of Santa Ana Business License. Businesses who do
not have a current City of Santa Ana Business License can obtain a One -Day Peddler /Solicitor
license. Non -Profit Organizations are required to obtain a Fee - Exempt status through the
Business Tax Office. This is a once a year registration fee. For more information the Business
Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic
Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day
for each booth operating without a City Business License.
11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Vendor shall send a letter to the
neighborhood associations adjacent to the park where the carnival is to be conducted informing
them of the event and to gain their organization's support for the planned activity at the park
during the scheduled times and dates, a minimum of ten (10) business days before the event.
The Community Development Agency will provide contact information to the vendor for a
particular neighborhood upon request. Vendor must submit copy of signed letter, on the
organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and
Community Services Agency a minimum of ten (10) business days before the event. The
Community Development Agency can be contacted by calling (714) 647 -5360. Vendor agrees
to pay a $500 penalty for each violation of this section.
12. CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each carnival
event, vendors must post a sign or send flyers to the neighborhood surrounding the park
0
informing them that the event will take place. Signs or flyers must be in English and Spanish.
Vendor agrees to pay a $500 penalty for each violation of this section.
13. CONTACT WITH BUSINESS ORGANIZATIONS - Vendor must send a letter a minimum of
ten (10) business days before the event to each business owner within a quarter mile radius of
the carnival site, notifying them of the dates and times of the event, and what precautions
should be taken to prevent program participants from parking in the surrounding business
parking lots. Vendor agrees to pay a $500 penalty for each violation of this section.
14. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed
security personnel contracted through a private bonded security company will be required each
day of the event. Vendor must provide the designated amount of soft security as specified by
the Santa Ana Police Department prior to or on the date of the pre -event meeting. The Santa
Ana Police Department may modify the number of security required as it sees fit, due to
specifications in the scale and activities to be held at the event, and/or recent activity in the park
and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of
the event each day and must stay a minimum of one (1) hour after the completion of the event
each day or until the park is clear, to help prevent any possible disruptions.
All security officers must carry two -way radio equipment to enable them to communicate with
all other security personnel. All security personnel must wear highly visible attire (security
vest, jacket) identifying them as security officers. None of the security company personnel may
be armed. A copy of the signed agreement with the security company must be provided a
minimum of ten (10) business days prior to the event. Vendor agrees to pay a $500 penalty per
day for each violation of this section. Furthermore, if it is discovered that the security
deployment is less than the City's mandated level of security the City may elect to dispatch, at
the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed
upon level.
15. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain
clearance from the City of Santa Ana Police Department. Arrangements for clearance to be
obtained can be made by calling (714) 245 -8718 or (714) 245 -2709. Vendor agrees to pay a
$500 penalty for failure to perform this responsibility.
16. POLICE DEPARMENT REQUIREMENTS — The security company to be used by the vendor
must be pre - approved by the Santa Ana Police Department. Vendor must provide the Police
Department with the names of the contact persons representing the carnival vendor and
contracted security company. At least one of those security company contacts must have access
to a cell phone to be used in case the Santa Ana Police Department needs to be called for
assistance.
Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at
all carnivals during agreed upon hours of event operation. Vendor will also provide the Police
Department with a booth at these events. The Police Department will coordinate necessary
police assistance for the event at vendors' expense.
10
17. ADDITIONAL POLICE/FIRE/PARK PERSONNEL — Vendor agrees that if a disturbance
occurs due to the operations of the carnival and additional Police, Fire or Parks personnel
assistance is required, vendor will pay those additional expenses.
18. PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Vendor
must arrange to meet with the Park Supervisor by calling (714) 448 -9127, to schedule a walk
through the park before and after the event. The pre - inspection and post- inspection meetings
will determine the condition of the sites before and after the event. A pre - inspection meeting
must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot
plan to this meeting. Vendor shall not set up until pre - inspection has been completed. Set up
prior to event date and/or before the pre - inspection meeting will result in a fine of $1,000 per
day and may lead to a suspension of future events.
A post - inspection meeting shall be completed on the day following the carnival activity at 2:00
pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the
Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of
$1,000 per day and may lead to a suspension of future events.
The vendor understands and agrees that the Park Supervisor shall be the final authority
regarding interpretations of the sites existing conditions both before and after the event.
Failure by the vendor to set and attend these meetings will result in the Park Supervisor
performing the walk through of the park site without the vendor and all conditions recorded by
the Park Supervisor shall be deemed as accurate and final.
19. PROTECTION OF FIELD AND TURF — Vendor shall be responsible for placing the carnival
equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler
heads, etc). Such precautions may include painting around or covering the sprinkler heads with
a "metal disk ", or whatever efforts are necessary to protect the irrigation equipment at vendor's
expense. Funds to repair damages incurred to the turf or irrigation equipment due to the
carnival event will be deducted from the security deposit. In the event that the cost of damages
exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion
of the event. All concerns must be resolved prior to continuing with future events. Failure to
do so may result in the suspension and or voiding of contract with carnival promoter.
20. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved
into the park prior to the completion of the pre -event inspection meeting and/or 9:00 am on the
Tuesday before a carnival event is to be held. All equipment must be removed no later than
2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in
writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee
per day for equipment arriving earlier or left in the park later than the above stated times.
21. CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later
than 11:00 p.m. on Friday and Saturday and no later than 9:00 p.m. on Sunday. Ticket sales
and food sales must stop one half hour prior to the scheduled carnival closing rime. Vendor
agrees to pay a $500 penalty per day for each violation of this section.
11
22. PORTABLE RESTROOMS — Vendor shall provide a minimum of seven (7) portable toilets,
with one of those toilets designed specifically for disabled persons. The toilets shall be placed
no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the
Monday following the conclusion of the event. Two (2) of the portable toilets must be
delivered by the Tuesday prior to the event for use by Carnival workers during event set up.
Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the
portable restroom company) a minimum of once per day or twice per day for capacity crowds.
23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES -
Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the
proposed events, nor shall there be any inflatables, balloons, or banners advertising beer,
alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a $500 penalty per
day for each violation of this section.
24. NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Vendor understands and agrees
that no games or activities involving the shooting of a gun or weapon, simulated or real, shall
be used in any of the entertainment, including game booths, with the exception of water guns
that are clearly recognizable as such. Vendor also understands and agrees that any gambling
games or games of chance shall be subject to review and removal by the Santa Ana Police
Department, who will ensure that they are fair and legal in nature, and in compliance with any
applicable statutes. A determination by the Santa Ana Police Department that any particular
game is in violation of any statute shall result in the removal of the game. Any decision to
remove a game will be final.
25. SIZE OF CARNIVAL RIDES — Only small and medium size carnival rides will be allowed at
City carnivals. At the pre - proposal conference, the City will provide a list of the types of rides
that will be allowed at City carnivals. Vendors must bring a list and photos of their proposed
rides to the pre -event meetings. The carnival ride list must be pre - approved by the Park
Superintendent.
26. EVENT STAFF PARKING — Vendor understands and agrees that there shall be no overnight
camping or privately owned vehicles for the purpose of overnight camping at the park site. All
privately owned vehicles (cars, motor homes, trailers, tractor trailers with sleeping
accommodations, motorcycles, etc.) must be parked outside of the park before, during and after
carnival operation hours. The Park Superintendent will identify authorized parking areas at the
pre -event meeting. The Vendor is permitted one vehicle within the park site for security
personnel only. Vendor agrees to pay a $500 penalty per day for each unauthorized vehicle.
27. DELIVERIES OF SUPPLIES TO VENDORS — The Vendor shall be responsible for making
certain the booth vendors are well stocked. Once the event is underway, all deliveries of food,
drink and supplies must be carried via hand trucks or small Dihatsu or Cushman type vehicles
to the booth sites. No trucks or automobiles will be allowed in the program area during
programming hours. Loading and unloading of vendors equipment should be done prior to and
after the event.
12
28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT —
Vendor shall provide personnel to assist in placing and collecting the traffic barricades and
equipment, under the supervision of the Police Department, before and after each day's event.
Failure by the vendor to place and/or collect traffic barricades and/or equipment will result in
City staff or a separate contractor completing this work at the vendor's expense.
29. RENTAL OF TRAFFIC CONTROL EQUIPMENT — Vendor shall be required to pay for the
rental of specific traffic control equipment, as required by the Police Department.
30. PERSONNEL PARKING - Vendors shall instruct all personnel to park in areas indicated on the
approved plot plan. Vendor personnel who fail to park vehicles in pre- approved designated
areas may be subject to citation and/or towing at the vehicle owner's expense.
31. EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post signs in
both English and Spanish stating "No Event Parking" at the entrances to the local
neighborhoods and businesses during the full duration of the carnival. Vendor agrees to pay a
$500 penalty for each violation of this section.
32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Vendor must provide soft security
personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances
in close proximity to the park. A minimum of two (2) persons, plus necessary directional
signage, shall be stationed at each of the housing tract entrances during all event program hours
in order to deter event participants from parldng in the residential areas adjacent to the event.
Vendor agrees to pay a $500 penalty per day for each violation of this section.
33. POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will be
required during event hours to enhance the security of the event. The number of officers
needed will be based on factors such as the size of the event, expected attendance, and recent
area activity. Vendor will be informed of the number of additional officers needed at the pre -
event meeting described in Item V.A.18.
The Police Department will arrange the necessary police staffing for the event. The vendor is
responsible for all Santa Ana Police Department regular and overtime costs for the event. In
the event that the event is rained out or otherwise cancelled on short notice, the vendor will be
responsible for a minimum of 4 hours of over -time costs.
13
VI. PROPOSAL FORM
Responses to this Request for Proposal are due at 5:00 p.m. WEDNESDAY, NOVEMBER 24, 2004.
The undersigned Vendor agrees to provide carnival services at City-owned parks in accordance with
the specifications. I/We have stated herein the services and fees that I/we will famish and deliver as
specified.
Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy
between words and figures, WORDS SHALL GOVERN.
The City of Santa Ana reserves the right to cancel any license agreement in the event that terms
under which carnival vendor is contracted are violated.
Name of Vendor
(Person, Firm, Corp.)
Address
Address
Telephone Number
14
Signature of Authorized Rep.
Name and Title (Please Print)
Date
Fax Number
VII. VENDOR'S REFERENCES
This sheet must be completed in full and returned with vendor's proposal.
List and describe fully the last three contracts performed by your firm, which demonstrate your ability
to provide carnival service in accordance with the specifications in Section V. Attach additional pages
if necessary. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
Also, please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who
have provided your business with insurance over the last three (3) years, detailing any claims that have
been filed in connection with vendor's carnival operations.
Customer Name:
Address:
Contract Amount:
Reference No. 1
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
Customer Name:
Address:
Contract Amount:
Reference No. 2
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
Customer Name:
Address:
Contract Amount:
Reference No. 3
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
15
VIII. Proposal Summary and Deviations from Specifications
Please check the first column for each event that you are available to conduct. For each event, please
list the carnival operator you are proposing to use and any deviations from specifications. If necessary,
please include additional pages. Vendors will not be allowed to change carnival operators once the
proposal has been submitted.
Intent to
Park Site
Proposed
Other Deviations from Specifications
Provide
Carnival
Please cite item number and summarize how
Operator
specification deviates
Cesar Chavez/
Campesino
March 11 -13
Delhi Park
March 18 -20, 2005
Jerome Park
April 1 -3, 2005
Cesar Chavez/
Campesino
May 13 -15, 2005
Madison Park
May 27 -30, 2005
Jerome Park
July 1 -4, 2005
El Salvador
August 19 -21, 2005
Madison Park
September 2 -5, 2005
16
ATTACHMENT "A"
CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does
not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is
in compliance with all federal, state and local directives and executive orders regarding non-
discrimination in employment; and that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities for
minority persons at all job levels.
To communicate this policy to all persons concerned, including all company employees, outside
recruiting services, especially those servicing minority communities, and to the minority
communities at large.
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs
now in effect within your company.
17
ATTACHMENT `B"
SAMPLE ADDITIONAL INSURED ENDORSEMENT
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 and representatives are named as additional insureds ( "additional
insureds ") with regard to liability and defense of suits arising from 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 name 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 of liability. 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
Name Insured
Countersigned by
the endorsement form as part of
18
ATTACHMENT "C"
SAMPLE LICENSE AGREEMENT
BETWEEN
THE CITY OF SANTA ANA
AND
THIS LICENSE AGREEMENT ( "Agreement ") is made and entered into this day of
, 2004, by and between the City of Santa Ana, a charter city and municipal corporation,
duly organized and exiting under the constitution and laws of the State of California, herein referred to
as "Licensor", and -, herein referred to as "Licensee ".
RECITALS:
A. The City of Santa Ana desires to provide "Carnivals" in various Santa Ana parks, and desires to
contract for such services with Licensee.
B. Licensee represents that it is qualified to provide such services to City. In undertaking the
performance of this Agreement, Licensee represents that it is knowledgeable in its field and that
any service performed under this Agreement will be performed in compliance with all City,
County, and State and Federal laws, regulations and licenses requirements.
NOW THEREFORE, in consideration of the respective and mutual covenants and promises
hereinafter contained and made, and subject to all terms and conditions hereof, the parties hereto agree
as follows:
ARTICLE I — TERM OF LICENSE
Section 1.01 License Area and Use
(a) Licensor owns the real property described in Exhibit "A" attached hereto and made a
part hereof (the "Property"), commonly know as located at
Santa Ana, California. Licensor grants to Licensee the privilege
of a personal, non - exclusive, revocable license ("License") to encroach upon the
License Area, as herein described and shown in general in Exhibit "B ", attached hereto
and incorporated herein by reference, for the purpose of providing a carnival and for no
other purpose.
(b) The right and permission of Licensee is subordinate to the prior and paramount right of
Licensor to use the Property in its entirety for public purposes to which it presently is
and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use
the License Area and to exercise this License at all times in such manner as will not
unreasonably interfere with the full use and enjoyment of the Property by Licensor.
we
(c) Licensee hereby acknowledges that title to the Property is vested in Licensor and agrees
never to assail or resist the same, and further agrees that Licensee's use and occupancy
of License Area shall be referable solely to the permission herein given.
(d) As a covenant to this Agreement, Licensee shall adhere to and comply with all
responsibilities enumerated in RFP attached hereto and incorporated
herein.
Section 1.02 Term
(a) The term of the Agreement for the License Area ("Term ") shall be for ONE (1) year(s)
commencing on ( "Commencement Date ").
(optional) At the Licensor's sole discretion, Licensee may be granted extension of this
Agreement, for TWO (2) additional terms ( "Renewal Term ") of ONE (1) year each.
Each Renewal Term shall be on the same terms and conditions set forth herein. The
Term of the Agreement shall not automatically be extended for each successive
Renewal Term. This Agreement shall be irrevocable during its stated term, except as
otherwise specifically set forth in this Agreement.
(b) The Licensee or Licensor must inform each other, in writing, of its interest not to extend
the term of the Agreement. Licensor may terminate this Agreement, at will, upon
fifteen days (15) written notice if there is a violation of any of the terms contained
herein.
Section 1.03 Compensation/Consideration
(a) Upon the Commencement Date, Licensee shall pay to Licensor the amount
( "Compensation ") for use of the License Area. Said amount is
made up of $ as license fee with an additional $ fee.
Compensation will be due upon . A late charge of ten percent
(10 %) shall be applied after any payment hereunder is due but unpaid. In addition, one
and a half percent (1 %: %) interest per month shall be added for each month that
payment hereunder is due but unpaid.
Section 1.04 Security Deposit
Contemporaneously with the execution of this Agreement, Licensee shall deposit with Licensor the
additional sum of as a security. The deposit shall be held by Licensor,
without liability for interest, as security for the faithful performance by Licensee of all the terms,
covenants, and conditions of this Agreement to be kept and performed by Licensee during the Term of
this Agreement, or any extension thereof, and including the removal of Licensee's Facilities as set forth
herein. Upon successful completion of all term and conditions of this Agreement, the security deposit
shall be refunded to Licensee unless said amounts are required to be paid to the as set forth in the RFP.
20
Section 1.05 Non - Possessory Interest
Licensor retains full possession of the License Area and Licensee will not acquire any interest
temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the
exercise of the permission given herein. Licensee will make no claim to any such interest. Any
violation of this provision will immediately void and terminate this Agreement.
Section 1.06 Non - Recording
Neither party shall record this Agreement.
ARTICLE 2 — TAXES AND UTILITIES
Section 2.01 Taxes
Licensor is responsible for all taxes on the Property, which includes the License Area.
Section 2.02 Utilities
Licensor shall pay for all electricity, gas, water sewer and janitorial services furnished to the License
Area for the use, operation and maintenance of Licensee's Facilities during the Term of this
Agreement, or any extension thereof, and for the removal of garbage and rubbish from the License
Area during the Term of the Agreement, or any extension thereof.
ARTICLE 3 — IMPROVEMENTS AND ACCESS
Section 3.01 Licensee's Facilities
(a) Licensee shall hold title only to Licensee's Facilities and any equipment placed on the
License Area by Licensee. All of Licensee's Facilities shall remain the property of
Licensee and are not fixtures. Licensee has the right to remove all of Licensee's
Facilities at its sole cost and expense on or before the expiration or termination of this
Agreement; provided that such removal shall be done in a professional and careful
manner, without interference or damage to any other equipment, structures or operations
on the License Area or the Property, including the use of the License Area or Property
by Licensor or any of Licensor's licensees, assignees or lessees. Licensee shall repair
any damage to the License Area caused by such removal and will leave the License Area
in satisfactory condition as approved in writing by Licensor. Licensee shall be required
to remove all its Facilities upon expiration/termination of the License, and if Licensee
fails to do so within thirty (30) days, Licensor may elect to do so at Licensee's sole cost
and expense, or elect to not remove such Facilities, in which case, such Facilities shall
become the property of Licensor, at Licensor's option. Any personal property,
equipment or other improvements that are not removed within said thirty-day period
shall become the property of Licensor, at Licensor's option. Licensee's obligation to
21
pay compensation to Licensor shall not cease, unless and until the Facilities that
Licensee must remove, are removed to Licensor's approval.
(b) Each party shall provide access to the License Area to the other party, and its
employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven
(7) days a week. Except in the case of emergencies, Licensor shall give Licensee
twenty-four (24) hours notice prior to entry into the License Area. Licensor represents
and warrants that it has full rights of ingress and egress to and from the License Area,
and hereby grants such rights to Licensee to the extent required to maintain, and operate
Licensee's Facilities within the License Area. Licensee's exercise of such rights shall
not cause undue inconvenience to Licensor.
(c) Licensee shall, at its sole cost and expense, maintain and repair the License Area and
Licensee's Facilities including, but not limited to, the removal of all trash, debris,
graffiti, as well as any special intensive cleaning. If Licensee causes any damage to
the Property, to the License Area or to access roadways or other nearby facilities,
it shall properly repair same as specified by Licensor.
(d) Upon the expiration or termination of this Agreement, Licensor shall approve in writing the
surrender of the License Area by Licensee only after being satisfied that License Area has been left in
good and clean condition, less ordinary wear and tear.
Section 3.02 Liens
Licensee will not permit any mechanics' or materialmens' or other liens to stand against the License
Area by reason of any use or occupancy by Licensee, or any person claiming under Licensee.
ARTICLE 4 — INDEMNITY AND INSURANCE
Section 4.01 Indemnification, Defense, Hold Harmless
Licensee shall protect, defend, indemnify and save and hold harmless Licensor, its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expenses, costs (including
without limitation costs and fees of litigation of any nature) arising out of or in connection with
Licensee's performance of this Agreement or Licensee's failure to comply with any of Licensee's
obligations contained in the Agreement by Licensee, its officers, agents or employees except such loss
or damage which was caused by the sole negligence or willful misconduct of Licensor. hi the event
Licensor is named as codefendant, Licensee shall notify Licensor of such fact and shall represent
Licensor in such legal action unless Licensor undertakes to represent itself as codefendant in such legal
action, in which event Licensor shall bear its own litigation costs, expenses and attorney's fees.
Licensee further agrees to indemnify, hold harmless, and pay all costs for the defense of the Licensor,
including fees and costs for special counsel to be selected by Licensor, 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
22
of the terms of, or effects arising from this Agreement. Licensor may make all reasonable decisions
with respect to its representation in any legal proceeding.
Section 4.02 Insurance
In addition to the Licensee's covenant to indemnify and hold harmless Licensor, Licensee shall obtain
and furnish to Licensor, a policy of general public liability insurance, commercial general liability
insurance including motor vehicle coverage covering the License Area and Licensee's Facilities. The
policy shall indemnify Licensee and Licensor, their officers, agents and employees, while acting within
the scope of their duties, against any and all claims arising out of or in connection with the License
Area and Licensee's Facilities, and shall provide coverage in not less than the following amount:
combined single limit bodily injury, personal injury and property damage, liability, of $2,000,000 per
occurrence. The City also requires an Additional Insured Endorsement, as attached and incorporated
herein as Exhibit C. The policy shall name Licensor, its agents, officers, employees and volunteers as
Additional Insureds, and shall specifically provide that any insurance coverage which may be
applicable to the License Area and Licensee's Facilities shall be deemed excess coverage and that
Licensee's insurance shall be primary. Under no circumstances shall the above - mentioned insurance
contain a self - insured retention, or a "deductible" or any other similar form of limitation on the
required coverage. Licensee is required to give the Licensor no less than thirty (30) days notice of
cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be
construed in derogation of the continuous duty of Licensee to furnish insurance during the term of this
Agreement.
Section 4.03 Property Insurance
Licensee shall provide to Licensor, before entering the License Area, and shall maintain in force during
the entire term of this Agreement, property insurance with extended coverage endorsements thereon, on
the License Area in an amount equal to the full replacement cost and/or value thereof; this policy shall
contain a replacement cost endorsement naming Licensee as the insured and shall not contain a co-
insurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be
used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such
proceeds shall be paid to Licensor. The proceeds of any such insurance payable to Licensor shall be
used for rebuilding or repair as necessary to restore the License Area at the discretion of Licensor. The
policy shall name Licensor as an Additional Insured.
The policy or policies shall also contain the following endorsements:
1. The insurer will not cancel or reduce the insured's coverage without
thirty (30) days prior written notice to Licensor; and
2. Licensor will not be responsible for premiums or assessments on the policy.
23
A complete and signed certificate of insurance with all endorsements required by this Section shall be
filed with Licensor prior to the execution of this Agreement. At least thirty (30) days prior to the
expiration of any such policy, a signed and complete certification of insurance showing that coverage
has been renewed, shall be filed with Licensor.
Section 4.04 Certificates of Insurance; Additional Insured Endorsements
Prior to execution of this Agreement, Licensee shall furnish to Licensor certificates of insurance and
additional insured endorsements to each of Licensee's insurance policies, subject to approval of the
City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these
certificates shall:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force; and
3. shall promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30) days prior written
notice of Licensor; and shall state as follows:
"The above detailed coverage is not subject to any deductible or
self - insured retention, or any other form of similar type limitation. "
Licensee shall maintain the foregoing insurance coverages in force throughout the term of this
Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of Licensor by Licensee under the Agreement. Licensor or its
representatives shall at all times have the right to demand the original or a copy of all these policies of
insurance, which Licensee shall provide within fifteen (15) days of Licensor's request.
ARTICLE 5 — TERMINATION AND DEFAULT
Section 5.01 Termination in the Event of Casualty or Condemnation
(a) In the event of any damage, destruction or condemnation of the License Area, which
renders the License Area unusable or inoperable in Licensor's judgment, Licensee shall
have the right, but not the obligation, to terminate the Agreement with respect to the
subject License Area by giving written notice to Licensor within thirty (30) days after such
damage, destruction or condemnation. If by virtue of such casualty or condemnation,
Licensor determines that the License Area is no longer adequate for Licensee to continue
its operations, or any repairs to the License Area have not been completed or cannot
24
reasonably be completed within sixty (60) days from the date of the damage, destruction or
condemnation. This License Agreement will become null and void.
(b) In the event of condemnation, unless Licensee is allowed by the condemning authority to
continue its operations in the License Area, this Agreement shall terminate as of the date
title to the Property vests in the condemning authority or Licensee is required to cease its
operations, whichever is earlier. If any property described herein or hereinafter added
hereto is taken in eminent domain, the entire award shall be paid to Licensor.
Section 5.02 Termination
(a) This Agreement may be terminated on thirty (30) days prior written notice as follows:
(1) by either party upon a default of any covenant or term hereof by the other party,
which default is not cured within sixty (60) days of receipt of written notice of default,
provided that the grace period for any monetary default is ten (10) days from receipt of
notice, or (2) by Licensee if Licensee is unable to occupy and utilize the License Area
due to any action of thehiterstate Commerce Commission or the Department of
Transportation.
(b) Licensor shall have at its sole discretion the option of terminating this Agreement if
Licensee loses its license to provide Bus transportation services for any reason,
including, but not limited to, nonrenewal, cancellation, or expiration of its license.
Consultant 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.
ARTICLE 6 — ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY
Section 6.01 Assignment
Licensee may not assign this Agreement. This Agreement is personal to Licensee, and Licensee will
not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any
attempt to do so will be void and confer no right upon any third party.
Section 6.02 Abandonment by Licensee
Should Licensee breach this Agreement and abandon the License Area prior to the expiration of the
Term or Renewal Term, Licensor may:
(a) Continue this License in effect by not terminating Licensee's right to the License Area,
in which event Licensor shall be entitled to enforce all of its rights and remedies under
this Agreement, including the right to recover the compensation /consideration specified
in this Agreement as it becomes due under this Agreement; or
(b) Terminate this Agreement and recover from Licensee:
25
The worth at the time of award of the unpaid compensation which has been earned
or the sum of one (1) year's compensation, whichever is greater, at the time of
termination of the Agreement; or
2. The worth at the time of award of the amount by which the unpaid compensation
which would have been earned after termination of the Agreement until the time of
award exceeds the amount of compensation loss that Licensee proves could have
been reasonably avoided; or
3. The worth at the time of award of the amount by which the unpaid compensation for
the balance of the term of this Agreement after the time of award; and,
4. Any other amount necessary to compensate Licensor for all detriment proximately
caused by Licensee's failure to perform its obligations under this Agreement.
Section 6.03 Default by Licensee
Should Licensee default in the performance of any of the terms, conditions, or obligations contained in
this Agreement, Licensor may, in addition to the remedies specified in Section 6.02 of this License, re-
enter and regain possession of the License Area in the manner provided by the laws of unlawful
detainer of the State of California then in effect.
Section 6.04 Insolvency of Licensee
The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or
substantially all of the property of Licensee, or the making of a general assignment for the benefit of
creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and
entitle Licensor to re -enter and regain possession of the License Area.
Section 6.05 Cumulative Remedies
The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and
in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement.
Section 6.06 Waiver of Breach
The waiver by Licensor of any breach by Licensee of any of the provisions of this Agreement shall not
constitute a continuing waiver or a waiver of any subsequent breach by Licensee either of the same or
another provision of this Agreement.
ARTICLE 7 — HAZARDOUS MATERIALS
Section 7.01
Licensee represents and warrants that its use of the License Area herein will not generate any
hazardous substance, and it will not store or dispose on the License Area nor transport to or over the
License Area any hazardous substance. Licensee further agrees to clean-up and remediate any
hazardous substance on the License Area and Property, and hold Licensor harmless from and
indemnify Licensor against any release of any such hazardous substance and any damage, loss, or
expense or liability resulting from such release including all attorneys' fees, costs and penalties
incurred as a result thereof except any release caused by the negligence of Licensor, its employees or
agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined
or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, or other similar term by any federal, state or local environmental law, regulation
or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be
amended from time to time; and it shall be interpreted to include, but not be limited to, any substance
which after release into the environment will or may reasonably be anticipated to cause sickness, death
or disease.
ARTICLE 8 — MISCELLANEOUS
Section 8.01 Force Majeure — Unavoidable Delays
Should the performance of any act required by this Agreement to be performed by either Licensor or
Licensee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to
secure materials, restrictive governmental laws or regulations, or any other cause except financial
inability not the fault of the party required to perform the act, the time for performance of the act will
be extended for a period equivalent to the period of delay, and performance of the act during the period
of delay will be excused, provided, however, that nothing contained in this section shall excuse the
prompt payment of compensation by Licensee as required by this Agreement or the performance of any
act rendered difficult solely because of the financial condition of the party, Licensor or Licensee,
required to perform the act.
Section 8.02 Notice
Any written notice or required submittals, given under the terms of this Agreement, shall be delivered
personally, or mailed, certified mail, postage prepaid, addressed to the party concerned as follows:
27
To Licensor:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -_
P.O. Box 1988
Santa Ana, CA 92702 -1988
Telefacsimile (714) 647 -6956
With courtesy copies to:
and,
Executive Director of the Parks Recreation and Community Services
Agency
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647 -6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647 -6515
To Licensee:
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
28
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 frames, weekends, federal, state, County or City holidays shall be excluded.
Section 8.03 Contract Administrator
The Executive Director of Parks Recreation and Community Services Agency, or his/her designee,
shall be City's License Administrator for this Agreement and all approval and notices required to be
given herein shall be so directed and addressed.
Section 8.04 Compliance with Laws
Licensee shall at Licensee's own cost and expense comply with all statutes, ordinances, regulations,
and requirements of all governmental entities, including federal and state, county and municipal,
relating to Licensee's use and occupancy of the License Area and Licensee's Facilities whether such
statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The
judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought
against Licensee by any government entity, that Licensee has violated any such statute, ordinance,
regulation, or requirement shall be conclusive as between Licensor and Licensee and shall be
considered grounds for termination of this Agreement by Licensor. Licensee will obtain all permits
and other governmental approvals, required in connection with Licensee's activities hereunder, and
update such permits/approvals as necessary.
Section 8.05 Binding on Heirs and Successors
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be
deemed to be a waiver of any of the conditions against assignment set forth herein.
Section 8.06 Partial Invalidity
Should any provision of this Agreement be held by a court of competent jurisdiction to be either
invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force
and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are
not materially impaired.
Section 8.07 Waste or Nuisance
Licensee shall not commit or permit the commission by others of any waste on the License Area.
Licensee shall not maintain, commit, or permit the maintenance or commission of any nuisance as
defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises or License
Area; and Licensee shall not use or permit the use of the License Area for any unlawful purpose.
29
Section 8.08 Repairs
Licensee shall be required to make any repairs to the License Area occurring from damages caused by
Licensee, its employees, agents, contractors, and subcontractors.
Section 8.09 Time of Essence
Time is expressly declared to be of the essence in this Agreement.
Section 8.10 Governing Law
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 fiuther 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.
Section 8.11 Survival
Terms and conditions of this Agreement which by their sense and context survive the termination or
expiration of this Agreement, shall so survive.
Section 8.12 Public Necessity
Licensor may, upon three (3) months notice in writing to Licensee, suspend or revoke this Agreement
without liability to Licensee when public necessity so requires, or to suspend operation immediately
hereunder temporarily in the event of public emergency, as may be determined by the City Manager.
Such suspension will terminate when the public necessity or emergency no longer exists.
Section 8.13 Conflict of Interest
Licensee covenants that it presently has no interest and shall not have interests, direct or indirect, which
would conflict in any manner with performance of this License Agreement specified herein.
Section 8.14 Attorney's Fees
In the event suit is brought by either parry to enforce the terms and provisions of this Agreement or to
secure the performance hereof, each party shall bear its own attorney's fees.
Section 8.15 Exclusivity and Amendment
This Agreement constitutes the entire agreement and understanding between Licensor and Licensee
respecting the License Area, the licensing of the License Area to Licensee, or the License Term herein
specified, and correctly sets forth the obligations of Licensor and Licensee to each other as of its date.
30
Any agreements or representations respecting the License Area or their licensing between the parties
not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be
changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless
such Agreement is expressed in writing, signed and acknowledged by Licensor and Licensee, or their
successors in interest.
Section 8.16 Captions
Captions used in this Agreement are for ease of reference only and shall not affect the construction or
interpretation of this Agreement.
Section 8.17 Non - Discrimination
Licensee 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. Licensee affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
BALANCE OF PAGE INTEN77ONALLYLEFT BLANK
SIGNATURES ON NEXT PAGE
31
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their authorized officers the day, month and year first written above.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
BY: Michael Vigliotta
Deputy City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
RECOMMENDED FOR APPROVAL: LICENSEE:
Gerardo Monet, Executive Director
Parks, Recreation and Community
Services Agency
By:
Tax ID #
32
Page 1 of 1
Jacquez - Nares, Patricia
From: Straka, Joseph
Sent: Tuesday, March 21, 2006 2:10 PM
To: Jacquez - Nares, Patricia
Subject: Acosta Carnival Agreement
Hi,
Per Robert Carroll of Parks and Recreation Dept. Mr. Acosta has agreed to fixing the date typo on his contract. So if you could
switch out that one page with the carnival dates as we discussed everything else should be fine. Thanks for your help. Call me if
questions.
Joe Straka
Assistant City Attorney
City of Santa Ana
(714) 647 -5201
3/21/2006
Mar 24 U6 U4:b4P
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ADDITIONAL INSW3D: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND
VOLUNTEERS, AS SESPECTS TO THE OPERATIONS OF THE NAMED INSURED,
ADDITIONAL INSUFjD SNDORS3MENT ATTACHEn
LOCATION: CESAR 3MVEZ /CAMPESINO PARK, 3311 W. 5TH, SANTA ANA, CA
DATES: 03/24/06 THROUGH 03/26/06
aWUO MIIOTI!YOVI ultuw HIUCa1R6111OP.IWA sf�T W Am
20 CIVIC CENTER ?LAZA GM TMMOA IMWNNIIMVMRWAL YY- 0 OAV3IRIR(w
SANTA AMA, CA 93701 NolaroTxe lealr.AV HO:At WM270TR1 Ulf, WOMONMOOMMMOO
ACORD ftl (m01ANq N ACORD
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ADDITIONAL I JSURED ENDORSEMENT
Insurance Company_ T.tI E. Insurance Company
This endorsen ent modifies such Insurance as is afforded by the provisions of Policy
# MSMM31 relating to the following:
11 Tih s City of Santa Ana, 20 Civic Center Plaza, Banta Ana, California 92701;
its officers, employees, agents and volunteers are named as additional insureds
( "additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. Wi h respect to claims arising out of the operations and uses performed by
or on behalf w the named Insured, such insurance as Is afforded by this policy Is
primary and Is ,ot additional to or contributing with any other insurance carried by or
for the benefit c f the additional Insureds.
3. Thi i insurancee applies separately to each Insured against whom claim is
made or suit is brought except with respect to the company's limits of Iiabllity. The
inclusion of any person or organization as an insured shall not affect any right which
such person or irganization would have as a claimant if notso included.
4. with ;impact to the additional insureds, this Insurance shall not be
canceled, 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 eff 3ctive.)
Effective-J93124 06 this endorsementform as a part of
Policy Y M6MT031
issuedto Sham kShows
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