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HomeMy WebLinkAboutALL ACCESS ENTERTAINMENT-2007 INSURANCE NOT ON FILE WORKMAYllilIPROCEED A-2007-187 CLERK OF COUNCIL / OA6E: f\UG ~~~~MENT WITH ALL ACCESS ENTERTAINMENT TO PRODUCE O:~~:CS"2 Ed~ THE FIESTAS PATRIAS SANTA ANA SEPTEMBER FESTIVAL This Agreement is entered into on August 3, 2007, by and between the City 0 f Santa Ana, a charter City and municipal corporation duly organized and existing under the Constitution and laws of the state of California, ( "City") and All Access Entertainment Company, (hereinafter referred to as "Event Producer"). RECITALS A. The City desires to retain a company having special skill and knowledge in the field of promotion of special events in order to plan and produce the 2007 September Festival to be named "Fiestas Patrias Santa Ana" (hereinafter "Event") for the City. B. Event Producer has produced said Event in previous years. C. Event Producer shall ensure that the Event remains a positive, family-oriented event reflective of the community. D. Event Producer represents that it is able and willing to provide such services to the City. E. In undertaking the performance ofthis Agreement, Event Producer represents that it is knowledgeable in its field and that any services performed by Event Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Event Producer in the field. I. SCOPE OF WORK Event Producer shall produce said Event on September 15 and 16, 2007, in the downtown area of Santa Ana as described in Exhibit A attached hereto and incorporated herein by reference. Additional terms included in Scope of Work shall be: a) EVENT HOURS. Event hours will be during the following time periods: i) Saturday, September 15,2007: 12:00 p.m. to 8:00 p.m. ii) Sunday, September 16, 2007: 12:00 p.m. to 8:00 p.m. iii) El Grito ceremony, produced entirely by Fiestas Patrias de Orange County, shall be on the Main Stage Saturday, September 15, from 6:30 p.rn. to 10:00 p.rn. b ) LAYOUT and BOOTHS. City shall retain the right to approve the general layout of said Event, including the placement of booths, stages, etc., and: i) In exchange for extending the boundaries of the Event beyond Broadway to Ross, Event Producer shall reserve for and donate to the City of Santa Ana and/or its assignees thirty (30) booths distributed evenly throughout the entire layout of the Event and shall include a minimum of two (2) booths for food sales. Said booths will be divided as follow: eighteen (18) for sponsors, two (2) for food, and ten (10) for cultural exhibits, 1 ii) Spaces shall be reserved for up to a maximum of twenty-five (25) antique cars to be displayed during both days of the event, (on Main Street between 4th & 3rd). c) PARADE. The Event Producer shall not include an event parade within its schedule of activities. d) THEME. If a theme is considered in addition to Fiestas Patrias Santa Ana, City and Event Producer must reach mutual agreement as to said theme. e) ENTERTAINMENT. City shall retain final approval over all entertainment. City at its sole discretion and/or for any reason may reject entertainment chosen by Event Producer. Event Producer shall produce a complete schedule for the main stage listing each performer, their popularity rating, and their associated time slot before August 24, 2007. City will provide [mal approval before August 31, 2007, at which time City will provide written approval in the form of a letter from the Deputy City Manager for Development Services or his designee. An additional stage (community stage) featuring local community performers, including local folklorico groups, bands, and talent, shall be produced by Fiestas Patrias de Orange County. Event Producer Entertainment will have no responsibility for programming, expenses or content on the community stage. f) STAGES and EL GRITO. A minimum of two stages and associated entertainment shall be programmed and produced during the event duration. i) The main stage shall be located at the intersection of Ross and 4th Street, and be reserved for the official "El Grito" from 6:30 p.m. to 10:00 p.m. on Saturday, September 15,2007, at which time all advertising on stage, if any, shall be removed, cloaked, or hidden from display by Fiestas Patrias de Orange County and Event Producer. "El Grito" shall be conducted by the Mexican Consul. ii) An additional stage (community stage) shall be located at the intersection of 4th and French Street with local community performers, including local folklorico groups, bands, and talent. "EI Grito" shall be conducted on the community stage after the official "El Grito" at a time to be determined later. g) ALCOHOL and TOBACCO. Event Producer agrees not to sell or distribute or allow the sale of or distribution of any alcohol or tobacco products during the Fiestas event. Sponsorship by alcohol product companies shall be considered., but must be pre- approved by City. Absolutely no direct tobacco product advertising shall be allowed within or associated with the Event. Neither tobacco product advertising nor alcohol product advertising shall be distributed to minors. h) PRESS RELEASES and PROMOTIONS. City shall receive copies of all press releases and advertising for the event at least 72 hours prior to the use in the Event promotion. Event Producer will provide to City all distributed documents related to marketing, promotions and administration as distributed. All current and future promotional materials in any medium, including but not limited to marketing, advertisements, sponsorship offers, shall identify the September Festivals as "Fiestas Patrias Santa Ana" and shall bear no other title. i) SPONSORSHIP. City shall receive copies of all sponsorship agreements for Fiestas Patrias Santa Ana. j) FEES. Event Producer shall be responsible for all fees and/or costs associated with this event including, but not limited to, additional Police, Fire, and Public Works; additional security for downtown parking garages; installing banners; graffiti removal; and street cleaning. Producer shall be entitled to deduct fees and/or costs from gross revenues. 2 p) q) r) s) 2. TERM. k) TRASH. Event Producer will maintain continuous litter control during the entire Event and impose adequate mitigation measures to ensure the removal and disposal of grease from food and/or cooking booths, including but not limited to the use of grease barrels. EQUIPMENT. Event Producer shall provide all necessary equipment, resources and manpower to develop and produce the Event. RIGHT OF FIRST REFUSAL. Event Producer shall provide right of fIrst refusal to merchants with businesses along 4th Street and in the Fiesta Marketplace for booths located in front of said businesses. DISCOUNTED BOOTHS. Event Producer shall provide twelve (12) non-corporate sponsor booths at a discounted rate. Said booths shall be divided equally among La Calle Cuatro de Santa Ana and Fiesta Marketplace Partners for use by their respective businesses. FINANCIAL LEDGER. Event Producer shall maintain a "financial ledger" specifIcally detailing all expenses/cost and revenues generated from said Event in order to determine net revenue. Within 30 days after the Event, Event Producer shall provide the City the financial ledger. Moreover, within thirty (30) days after the Event, Event Producer shall remit to City the agreed to compensation, including the non-refundable sum of twenty fIve thousand ($25,000) dollars and the non-refundable sum often (10%) percent of net revenues, and shall be reimbursed all City related costs and expenses. LOFTS. 3rt! Street shall remain open to vehicular traffIc throughout the event and not a part of the event perimeter. CARNIVAL. There shall be no carnival during the Event. OPERATIONAL CONDITIONS. Event Producer shall be required to comply with the attached "Operational Conditions/Scope of Work" describing the scope of tasks for which Event Producer shall be responsible. Said "Operational Conditions/Scope of Work" is attached hereto and incorporated herein in Exhibit A QUIET HOURS. SpecifIc to 3rd Street: There shall be designated quiet times as follows: Thursday, Friday, Sunday from 10:00 p.m. through 7:00 a.m., and Saturday from 12:00 a.m. through 8:00 a.m. Quiet hours shall be strictly adhered to by all vendors. I) m) n) 0) City shall grant Event Producer a one (1) year Agreement. 3. COMPENSATION. Event Producer shall remit to City a non-refundable sum of twenty fIve thousand ($25,000) dollars and a non-refundable sum often (10%) percent of net revenues ("net revenues" shall be defmed as all receipts for revenues to include but not be limited to sponsorship and booth sales minus total reasonable expenses excluding but not limited to commissions, Event Producer hotel and per diem charges, and Event Producer's labor costs) as Compensation to City. Event Producer shall not be entitled to a refund of any portion of the twenty fIve thousand ($25,000) dollars and/or any portion of ten (10%) percent of the net revenues if said event fails to cover costs or make a profIt. 3 4. LIMITATION OF LIABILITY Without limiting any express financial or liability provisions provided for in this Agreement, City shall not be liable to Promoter for any indirect, consequentia~ exemplary, special, incident or putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in connection with this Agreement under any theory of tort, contract, warranty, strict liability or negligence. The foregoing limitation applies to all causes of action and claims, including but not limited to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further understood and agreed that City shall not be responsible for any loss or damage caused by EVENT PROTEST, hostile or warlike action, civil disorders or any governmental action, whether such loss be direct or indirect, proximate or remote. 5. INDEPENDENT CONTRACTOR Event Producer is an independent CONTRACTOR and not an employee of City and all of CONTRACTOR'S personnel shall be employees or subcontractors of Event Producer and not employees of the City. Event Producer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding. 6. MISCELLANEOUS PROVISIONS a. Event Producer covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. b. Event Producer will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. Event Producer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. c. This Agreement may be terminated by City upon ten (10) days written notice of termination. 7. CONFLICT OF INTEREST CLAUSE Event Producer covenants that it presently has no interests and shall not have interests, direct or indirect, who would conflict in any manner with performance of services specified under this Agreement. 4 8. INSURANCE Prior to undertaking performance of work under this Agreement, Event Producer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Event Producer shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Event Producer's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. Event Producer's coverage to include products and completed operations coverage with no exclusion for booth vendors. 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 $1,000,000 per occurrence. Event Producer shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Event Producer, if Event Producer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Event Producer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Event Producer is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Event Producer pursuant to this section: (i) Event Producer shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution ofthis 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. f If Event Producer fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Event Producer's right to be paid for its time and materials expended prior to notification of termination. Event Producer waives the right to receive 5 compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 and, 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 Event Producer: All Access Entertainment Attn: Mr. Larry Gonzalez 2130 Sawtelle Boulevard, Suite 304 Los Angeles, CA 90025 telefacsimile (310) 914-8313 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. CONTRACT ADMINISTRATOR 6 The Deputy City Manager for Development Services or his designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Event Producer, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Event Producer. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Event Producer or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not embodied herein. 12. DISCRIMINATION Event Producer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defmed and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Event Producer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any ofthe clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. INDEMNIFICATION AND HOLD HARMLESS CLAUSE Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives 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 Event Producer or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable, including any claims made by artist or representatives of artist that the City has vio lated any copyright law( s) relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Event Producer further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the 7 validity ofthis 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. 15. BREACH Inasmuch as this Agreement is intended to secure the specialized services of the Event Producer to perform all necessary functions and activities for the two (2) day Fiestas Patrias Santa Ana Festival of September 15 and 16, 2007 in Downtown Santa Ana, failure by Event Producer to perform the Scope of Work, at a minimum specified in Section l(a)-(s) and Exhibit A, shall be considered a material breach of this agreement. The City shall be entitled to all legal and equitable remedies including but not limited to incidental and consequential damages. 16. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of Event Producer, Event Producer may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent 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 ofthe services which are the subject to this Agreement performed by City personnel or by other Event Producers retained by City. 17. COMPLIANCE WITH COPYWRITE LAWS Event Producer understands that the songs used by its performers may be copywritten music pursuant to federal law, and, if so, that the Artist may have certain rights relative thereto. This Agreement is explicitly made subject to the artist rights under any such agreement and any applicable law or regulation, if any. To the extent that there is a conflict between any such agreement, applicable law or regulation and this Agreement, the terms of such, applicable law or regulation shall prevail. Event Producer shall defend, indemnify and save harmless City, its officers, agents, volunteers and employees, against any and all damages from any and all claims, demands, suits, actions, or proceedings of any kind of nature, including, but not by way of limitation, violations of federal copywrite laws and/or regulations or by anyone whomsoever, in any way resulting from or arising out of Event Producer's acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of Event Producer or its subcontractors. 18. LICENSES Event Producer shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Event Producer shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 8 19. CONTINGENCY PROVISION Said Agreement is contingent upon receiving no later than 4:00 p.m. today, August 6,2007, a copy of either a formal, fully executed termination of the agreement between Event Producer and La Calle Cuatro de Santa Ana (LACCSA) to produce the same or similar event or a fully executed release signed by LACCSA releasing Event Producer of the mutual obligations under the agreement. If a copy of said release or termination is not received as indicated above, this Agreement shall be null and void and shall have no force or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year frrst above written. PATRICIAE.HEALY' Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: t~~) Assistant City Attorney RECOMMENDED FOR APPROVAL: EVENT PRODUCER ~)" Step en G. H~g Deputy City Manager for Development Services 9 EXHIBIT A OPERATIONAL CONDITIONS/SCOPE OF WORK 1. Set up conditions a. All Access shall provide all necessary equipment, resources and manpower to develop and produce the Event. b. Street closures for the entire festival boundaries will begin Friday, September 14 at 8:00 a.m. c. "No Parking" signage must be posted on those portions of the street that will be affected by the closure 24 hours in advance of the event. Said posting shall be conducted by City staff and reimbursed by All Access. d. All Access shall pay for traffic control layout plan for the event. e. All Access shall pay for the set up of traffic control for the event; barricaded streets are to be staffed by private security maintaining traffic control setup during the event as approved by the City's Risk Management Division following the specification of the City's Public Works Agency's Traffic Division; tear down of traffic control at the end of the event. 2. Trash a. All Access will maintain continuous litter control during the entire Event to include: 1. Maintain a professional cleaning crew during all open times of the event. All Access shall not allow trash to accumulate on the streets & sidewalks at any time during the event. 11. Maintain dumpsters strategically placed throughout the event boundaries to contain trash from the event. Dumpsters shall be placed to avoid the front of establishments, where possible. 111. Have dumpsters emptied after the event closes on Saturday night and prior to the opening on Sunday morning. Sufficient dumpster capacity for all trash generated during the fmal cleanup of the Event on Sunday evening shall be maintained for those crews. Dumpsters shall be promptly removed at the end of the event and before streets are reopened to the general public. 3. Break down conditions a. The teardown of the festival will begin at 10:00 p.m. on Sunday, September 16, with the exception of the carnival area. b. Main and Broadway must be open to vehicular traffic no later than 5:00 a.m. on Monday, September 17. c. The entire festival boundaries must be open to vehicular traffic no later than 8:00 a.m., Monday, September 17. d. The teardown of the area on 3rd Street between Main and French and on Bush Street between 3rd Street and 4th Street cannot begin until 7:00 a.m. on Monday, September 17, and must be completed and open to traffic no later than 5:00 p.m. on Monday, September 17. 10 EXHIBIT A OPERATIONAL CONDITIONS/SCOPE OF WORK 4. Clean up a. Cleaning of the sidewalks within the boundaries of the festival will be steam cleaned by a contractor approved by the City. All Access shall have all areas cleaned beginning Monday, September 17 and completed no later than Friday, September 21. Loft owners shall be provided 24 hours notice before sidewalks in front of the Lofts are steam cleaned. Map of area to be cleaned is attached as Exhibit C (highlighted in light blue and purple ~4th Street between Ross and French; S~urgeon, Bush and Sycamore between 3r and 5th;Main Street between 18t and 5t ; and 3rd Street between French and Sycamore). b. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). 5. Vendor/Sponsor/Food booth management - Ownership a. Vendorlbooth vehicles cannot reenter the Festival once it has started and until 11 :30 p.rn. on Saturday and 9:30 p.m. on Sunday night or until it is determined to be safe for the general public by the Police Department Official in charge at the Fiesta. b. All noise generated by this event shall remain within levels specified in S.A.M.C. Section 18-132. Specifically noise levels shall not exceed 55 db between the hours of 7 a.m. to 10 p.m. and not to exceed 50 db between the hours of 10 p.m. to 7 a.m. S.A.M.C. Section 10-153 (Loud and Raucous Notice) must be abided by all at all times. c. All booths' canopy support poles closest to the public sidewalk must be kept pushed up to the curb at all times. The front support posts cannot be placed past the gutter. d. Vendor vehicles must park in assigned locations at all times. Vendor vehicles parked unauthorized locations will be towed at the vendor's expense. e. A 20- foot wide fire lane must be maintained behind each stage at all times. Any vehicles blocking this area will be towed at the owner's expense. f. Vendor booths are prohibited from placing items on the public sidewalk except in those areas as approved on the official site plan, and are prohibited from attaching rear tarp or stacking merchandise that obstructs street visibility to the retail storefronts behind the booths. g. Portable fire extinguishers are required for all booths and rides. h. No tables, chairs or other items can be placed in front of the approved booth locations. 1. All booths must maintain their area in a clean condition at all times. It is prohibited to dump trash, food, etc on the event grounds. It is further prohibited to dump grease anywhere, except in pre-approved containers. Failure to follow these rules will result in loss of security deposit. J. No flyers, newspapers, and/or pamphlets are to be distributed except by booth vendor or sponsor with committee approval. k. No speakers outside booth and no live entertainment are allowed except on the approved stages. 11 EXHIBIT A OPERATIONAL CONDITIONS/SCOPE OF WORK 1. There will be NO amplified music or vocal presentations allowed in vendor booths within the event except where previously authorized in writing by the City and on the main entertainment stage and the community stage. m. All cooking in all booths at the Fiesta must cease cooking a minimum of one hour prior to the closing of the festival each night, i.e. Saturday at 7:00 p.m., Sunday at 6:00 p.rn. Vendors may not sell or give away product after the closing time of the event. n. City shall retain ownership of the complete sponsorship list to include any and all additional sponsors that are acquired during the course of this License Agreement. All Access shall be required to submit, in electronic format, all records relating to the event to City. Said list shall include specific points of contact with addresses and phone numbers. o. It is prohibited to sell canned or glass beverages without City approval. p. All food booths must comply with all state health regulations at all times. q. Food vendors must obtain a California Health Permit, and must obey all health laws. r. Food vendors must have a fire extinguisher that is up to date, or vendor will not be permitted to serve food. s. No homemade gas lines or propane bottles or use of charcoal is permitted. t. All booths must have a City of Santa Ana Business License or a One-Day Peddlers License. 6. Conditions during event a. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). b. All Access agrees not to sell or distribute any alcohol or tobacco products during the Festival event or allow massage related vendors. c. All Access will pay for a standing fire watch during the entire event. d. All Access will pay for code enforcement during the event. e. All Access will pay for all police personnel needed to protect the safety of people attending the event, crowd control, etc. during the entire event. f. All Access will pay for all Parks and Recreation staff, and City equipment. g. All Access will pay for event Insurance. h. All Access will pay for required state licensed uniformed security staffing at the levels set by the City Police Department. Said staffing shall cover perimeter barricades, overnight security, roving patrol during the event, Federal property protection, and security for stages. The security staff shall take final direction and instruction from the City Police Department supervisor in charge of the event. 1. All Access shall provide and pay for additional fencing and protection for the Federal Courthouse property as mandated by the Federal Courthouse management. J. All Access shall provide and pay for additional fencing and protection for the entertainment stages as determined by the City Police Department. k. Event hours will be during the following time periods: i. Saturday, September 15th: 12:00 p.m. to 8:00 p.m. ii. Sunday, September 16th: 12:00 p.m. to 8:00 p.m. 12 EXHIBIT A OPERATIONAL CONDITIONS/SCOPE OF WORK 1. The main stage will be activated during the following time periods of the festival: i. Saturday, September 15th: 12:00 p.m. to 10:00 p.m. ii. Sunday, September 16th: 12:00 p.m. to 7:00 p.m. m. The community stage will be activated during the following time periods of the festival: i. Saturday, September 15th: 12:00 p.m. to 8:00 p.m. ii. Sunday, September 16th: 12:00 p.m. to 7:00 p.m. Entertainment on any stage is prohibited from tossing giveaways into the crowd. This also applies to the live remotes from any radio station. 13 EXHffiIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising 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 named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits ofliability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countenignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 14 U E-< >-< l!:l >-< ::I: ><: ~