HomeMy WebLinkAboutO ENTERTAINMENT, INC. 3City of Santa Ana
Clerk of the Council
I Mgt
AGREEMENT TERMINATION
0-
29 PH LP
Please complete this form when the attached agreement is no longer in effectfl
Return form to the Clerk of the Council Office (M-30). CITY OF SANTA ANA
Call 647-6520 if you have any questions. CLERK OF COLIMIC'IL
------------------------------------------------------------------------------------------
The agreement with f v t �.,n��
No. A-2008-
and final payment has been made.
Revised 12-07-07
was completed on L;45 � 16 E
Department: r t
Phone/Ext.:
Signature: : "� . I e Loyn
Date: IDS{ 14-
iNsomme ON FIFE A-2008-023
WORK M# PROCEED
0Tlt INSURANCE EXPIRES
CLERK OF Gi N-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS
DATE:
O Par Ks a` I_�4HIS AGREEMENT, made and entered into this _J�r_ day of January, 2008 by "O"
�ob�+ Cfi"r°° entertainment, Inc., (hereinafter "Operator"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS
On October 18, 2007, the City issued a Request for Proposals, No. 07-085-PRCSA, seeking 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 to the City as
specified in the Request for Proposals No. 07-085-PRCSA and any addendums thereto.
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: Jerome Park located at 2115 W. McFadden Ave., Santa Ana. 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 07-
085-PRCSA, issue date October 18, 2007, and Addendum No. 1 thereto (hereinafter, collectively
"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 RFP 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.
aor`W,, WDival
Jerome Park
April 11-13, 2008
$7,000.00
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. Additionally, failure to pay the cleanup/damage deposit and/ or
any other outstanding balances and fees a minimum of ten (10) business days prior to the start of
the event will result in a penalty of $500 per day. The vendor will not be allowed to start an
event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to
perform as set forth throughout the RFP.
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, or any remaining portion
thereof, and any unused fees shall be returned within 60 days of the final carnival activity
provided for in the RFP.
5. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2008 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.
V. If the certificate of insurance is in the name of the carnival operator it shall
include the name of the carnival promoter as additionally insured.
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 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 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. Persons performing clean-up shall be employees or
subcontractors of the vendor.
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:
O Entertainment, Inc.
Attn: Roy Hassett
539 East Bixby Road, Suite 59
Long Beach, CA 90807
Telephone (562) 495-5959
Telefacsimile (562) 495-5961
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
10
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
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 tennination 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.
ATTEST:
jr ATLOCIA EALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: J�
C` ,�... j.o✓
Jos Str� a
A0 stant City Attorney
RECOMMENDED FOR APPROVAL:
Gerardo MoueY
Executive Directcr of the
Parks Recreation 4nd Community
Services Agency
CITY OF SANTA ANA
DAVID N. REA
City Manager
OPERATOR
(NAME)
TITLE) U
Employer ID # or Individual SS #
12
DAY£ (AIMIDQNvYY)
QCORIZ CERTIFICATE OF LIRBI�ITTH INSURANCE IC
O6/11/2007
FAX (425► 451-371B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRDouceR (425) 454-3386 ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE
Arthur J. Gallagher disk eeanagemeet Services. Inc. BOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW.
P.O. Sox 367 NAICS
$eylev¢e, WA 98009-03G7 INSURERS AFFORDING COVERAGE
INSURERA: American States TasuraaCe. CO-,
Pmtl1ED Christiansen Am116CmCats, InC. NSURERS: .-��-,. -
p. 0. Box 997 INSURER G: .. --
Escondido, CA 92033-0991 INSURER D:
IOVE FOK IHer 1--__ OR
=SPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED
TOALLTHETERMS, EXCLUSONS AND CONORIPHS OF SUCH
M -_- TYPE OFINSVRANCE PoM NUMISER
EACH OCCURRENCE S
OeNEML UXIBLRY
DAMAGE iD RENTED
EMISFs.(EA.xzI+M .. 5^
COMMELICIAL GENERAL LIABILRY
MED EXP IAAT _
CLAMSMADE ❑OCW0.
PERRONPIb ADV MJURv S
GENERAL. AGGREGATE E
—
PRODUCTS-COMAOPAGG S
- �—� .
GENT AGGREGATE UAIT APPUESFER.
POLICY PRO- LOG LOC
01Ca44116101 04/01/2007
04/01/2008
OGMSINEDSINGLEUMT b
MITOMGELL.E nAalJTY
(EA
x ANY NIfG
BODILY WAIRY S
ALL OWNED AUTOS
(Ps P°m^)
9CHFflUIIDAUTOS
KAMY F
A HB E0 ADTOG
(yDlycide
NON-0WNEDAUTOS
PROPERLY DAMAGE I
-
(peramdeAQ
ALTO ONLY -EAACCIOENT 1
GARAGE LViBILLLY
QLHERTHAN EAACC ;
ANY AUTO
AUTOONIr AGG
OCCUR OLAIMBMAOE
pFyGOTISLE
oX4.M Iffi BRRYTON AND
OFFIGEFVMEMBEIA DOL�TUD ULNE
S
�loyses, representatives end volunteaca are included
ffiGRNYIDNOF p/,EppTIDNE l LOCAnons r vEWCL%I ExGLL®oNG Ao-w 6Y FNDORBEaENTI EFEatL PROVOONe
The City of Santa Ana, its officers, ageata,
as additional insureds but only as 'aspects the Operation
Of the nemod insuad per policy tcxw and
conditions for the dates June 25, 2007 through J
uly 3,
City of Santa Ana
Attu: Carla TemPkins
888 W. Santa Ana Blvd-, SI200
Santa Ana, CA 92701
ACORD25(2001=) 7AX: (714)571-4209
SHOULD ANY OPINE ASOVE DE9MBM POLICLES BECANGMJXD 9EFaRE T[@
E]IPIMT: DATE TMEREOF.THS MSUN(a INSURER WILL lE9DF7:74M IBM
�(3 _DAYBWWREN NOTICETO THE CERTFIGTE MOLDER NAMED TOTHE LEFT,
CACORD CORPORATION 1988
FAX No. :5624,355661 Dec. 17 2007 02:e0ril r,
FROM :0 ENT�TRIMENT EAR NO. 407 645 2810 P. 01
DPC-17-2007 ttON 03:14 PM
CERTIFICATE OF INSj�A1�iCE
PRODUCER: DATE MUSP: 12/17id007
ODMIl
LI;S'IERKALMAN80NAOSNCY,INC. 100Yo CERTAINUNDBRWRTIERSATLLOYD'91
P,O. BOX 94000E LONDON
MAITLAND, FL 32794-i100B pOLICY NUMBER: NCM66574
PH: (407) 645-SM
FAX: (4M 645,2810
NAMED INSURED: RPPF.CTIVG DATE: 05r& We
DArE:
0 9NIERTAINMBNT. INC. C/0 ROY HASSUTT CU M007
$391. BIXBY ROAD. R S9 OW PAYS AT 12:01 A.M LOCAL STANDARD TIME)
LONG BEACH, CAWFORNIA 90817
COVAAA tNFORMAT[ON r
TJUS IS TO CERTIFY T THE POLICY(3) OF INSURAN LISTED BELOW HAVE ISS IN URCsD
NAMED ABOVE port TjW K)j fGY PERIOD RgDICATED, NOT VIMOTANPtNO ANY Q.FAUIREMI•TVT, TERM(S) OR
WITH' RMFJT TO WHICH THIS
ISSUED ORNMAY FPAERNY
ERT cY�INSURANCE APFOR0817 YB POdCIIES DESCRIBED HEREIN ISSSSUB7EGT tO AYBE
THE TERMS, EXCLUSIONS AND/OR CON011101i OF SUCH POLiCM.LiMTM OF LIABILITY SHOWN MAY HAVE H
REWCBD BY ANY PAID CLAIMS
TYPE OF INSURANCE; LJMI'TS: '
0 RAL L1ABDdCY AGGREGATE: S 2 OOO Q00.00
IiiiiiCLADASMADE LSMRRD VIRMUCCS A0GREOATE 8-0-
OWNUS,t.ANDlARD9.A,TENANTS PERS(iEACij CCURRORCM: URY: S0
RETRO DAZE: 051I5/2006
FIRE DAMAGE (ANY ONE FIRE) •000.00
ADDITIQNAL 1NSUREII(S): 11R "R OP SANTA RNA. irs OFFICERS, SMpLOYBEH, AGENTS T ENl'A'17V1r
JEROME PARK 191ARE HEREBY ADDED AS ADDMONAL INSURED ONLY AS THi'IR IN'1`ERE9T MAY APPEAR IN
RESPECTS TD THE ONLY
OPERATTONH) Roof yl IS BY THE
AND �N�G OR�EMPIAYEE(S)
SITE A I (ACHED ADD U14,711, " FOR DE9C1 1PT1CM OFLIABILCCY COVERAGH(S} AFFORIJBD.
EVENT PATF(S): MARCH 28. 200E THROUGH MARCH 34 2M
LOCATION: JEROl4R PARK IN THE CITY OF SANI A ANA CALIFORNIA 9Z701
THL4ri
CRBLTiFiCATE 1311111.4111 () A A MAT76R OF [NFORMATiON ONLY AND CONFERSNO [tlOHTB
".,EPDLICY(S)LISTED. OL MITSBROWNAMRTHOSB RCTAS-O FO4ilCYRINCICPPIONTHE mw�S)AFFORPFAR
SHOULD ANY OF THB ABOVE POI ICY(Sj BF: CANCELLED BEFORE TILE EXPIRATION DATE THEREOP,
THE ISSUING COMPANY WU.L 00200MILTtMAIL-30_ DAYS WRITTEN NOTICE TO THE CERTIFICAT a HOLDER
NAMEP111LOW, _.._ ...
• 10 DAY NO77CR t]F CANC&1d.A1TpN WILL APPLY PUR NUN -PAYMENT OP PREMIUM'
CERTIFICATE HO8 D ! ONAL IN AT1T1 RaR17.RD REPR ENTATIYL':
THE CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA, CAUFORNIA 92701
ATTN: PURCHASING DEPARTMENT
FAX# 567/495-5%1 7141371-4235 714/647-6944
X....
LMANSON/PRH91llE'N7'
FROM :0-ENTERTRIMENT
DEC-17-2007 0 03'14 M
FAX NO. :5624955%1 Dec.
FAX N0. 407 645 2610
pOLICY N0: MCK06574
ra
P
.R"
7Ee .7/iiplur, "'•v'•o " -STANDARD TIME )
I AT 12:01 A.N. LOCAL
ISSUED TO: 0 ENTERTAINMENT, INC.
AGENCY s LESTZX 1WI.NBNSON AGENCY INC. / NAITIANO, FL•
Isautp BYa 100%
m
S / LONDON
TN CONS S -x TA IERA ON OS THE I'MMIUM lvm"w.n •-----
AGREBD Awl)UNDERSTOO➢ THAT SUCH ADDTTIONAL $NSUR80(S) Is J ARE AEREBY
ADDED TO THIS POLICY, i/OR BY-SU7SE4UENT CERTIFICATSIS) OF INSURANCE
ISSUED BY LESTER R'ALMANSON AGENCY, INC!. WILT' BE ADDED ONLY AS THEIR
INTERESTS MAY APPEAR,
IT TE AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THR POLICY FOIL
BODILY INJURY AND PROPERTY DAMAGE LIABILITY SHALL ALSO APPLY TO EACH
BUTEON;.Y IN REESPECT$ETOTLIABILITY ARISING OFICATAM OF PT OFCE Srat OSURED,
➢ESIGNATED
PREMISES OF THE NAMED INSURED OR OPMRATION(H) PERFORM&U 8Y OR FOR THE
OPERAATENTOINCREA6EINCLUSION Or TH.CCOMPANYvSUSTATEDILIMITS OFTLIABILITYSHALL NOT
IT Is AGUID THAT, IF THIS POLICY IS ISSUED TO A FIDUCIARY,TO ANY
THE INSURANCE AFFORDED BY THIS EMRSEME"T "ALL
tiXECUTIVE OFFICER OR EMPLOYE¢ WITH RESPECT To INJURY OR TO SICKNESS,
DISEASE OR DEATH OF ANOTHER EXECUTIVE OFFICER OR EMPLOYEE OF TR8 SAME
EMPLOYER INJORED IN THE COURSE OF SUCK ffi4PLpYMENT.
IT IS FURTHER AGREED THAT 6.80H DAYS NOTICE OF CANCELLATION MILL BE
GIVEN TO THE ADDITIONAL INSUREDS) IN TBE Z�W OF CANCELLATION OF
..., AND REPRESENTATIVES
B) JSRONE PARK, SANTA ANA, CA
MARCH 28 - 30, 2008
ANY AND ALL Auulxivnni, ...... - -'-OR BY ENDORSEMENT, AS
POLICY Sy CERTIFICATE OF INSURANCE
STATED ABOVE, ARE' ADDED ON ONLY AS THEIR INTEREST MAY APPEAR
IN RESPECT$ TO THE OPERATIONS) i/OR ACTIVITY(S) PBRI'ORMEO
8/OR PROVIDED 8Y THE NAMED IDTSUBED(S) 6/OR IT'$ EMPLOYEES)
ONLY, AND FOR WHICH_i.IABILITYM1COVRRAOE IS AFFORDED &/OR
P R E M I U M C H A R D
IN CONSWSPATIUN Vi LAL
IS ADDED TO A MADE A PART OF THIS POLICY FOA Toa STATED SVpNT
..,.,vnv asatnn ONLY. 1
ALL
E N D O R 8 E K 2 N T N V N V E R
(R)
12/11/07 AUTHORTZ REP / KALKA98ON
DATE LESh'ER NSON AGENCY INC.
(pG-1-9/05-p84-P-HD-AD-B)
FROM :0-ENTBRTpIMENT Fnx NO. :5624%-5961 uec. if
F' 03
DEC-17-2007 a 03:14 PH FAX NO. 907 645 2810
C L A x M S M A D E
A P p E i1 D U M " A" F O R
O SNTERTAINMENTt INC.
--------------------
____ _ _ __ __._-_.-----------
AGENCYs LEBTER K MAN90N AGENCY INC.
P.O. BOX 94000R
MAITLAND, noRiDA - U.S.A.
PN: 407-645-500D FAX: 407-645-2810 --------------------
--------- -------------- -----------
POLICY PERIOD / TERM: 05/25/01 TO 05/29/00
(12:01 AM LOCAL STANDARD TIME)
----------------
----------------- ----------- -^ -
POLICY / BINDER NUMBER: NCMbtoq----------------
--------- ----- ---------
--------------------
DESCRIPTION -OF CLAIMS MADE LIABILITYINSURANCE GOVEBAGE(S)-AFFORDED:
-
p) SP4"CTATOR LIABILITY pDVRRAGE I9 rFevtws� •uw •n- ---^
cANTRACTED TALENTS / ACTS TO 8E SOPY'LIBO 85f TXE D7AM:�O IpTSURED i/OR IT'S
EWRLOYEEf8) TO 8£RFORM AT VARIpU9 CONTRACTED (DBA) LOCATIONS pNLY--.
81 PPZAN(INS�G i%O�RILCCOADiNA� BU9INE39 0£OR IOU9 CONL!►CTED ACT2VOR IT' 4/OR
OPERATIONS) F08 CONSIpE(tATTON PROVIDED SY TH1E y�W!!D' INBURBD z/Oil IT'S
gHPIAY£Al3) LABILE AT VARIOOR CONTRACTED fOSA1 LOCATIONS ONLY.-------------
Cl^ •wV pS8T86ANILIT iNSOREDGB(S)SOWNED EQUIpm?) TO SZ QBBYITINAFFORDED TO ItMUD11 CODI7UWCTICk(TR TK
TDOWNEE NAIAD INSURED'(9) CC4WRCIAL CONTRACTED TALRSTPtB) / ACT(81 OPERATIONS)
/ ACTIVITY(e) ONLY, WHILE AT VARIOUS CONTRACTED (USA) -LOCATIONS) ONLY��^wTr
WARRANTED; - _
1) ENDORSED HERETO AND)
)AN ADDITIONALPROUIUMSPECIFICA"Y
CHAR= 15 WAOE,UNLE9S prH ISE
21 ANY / ALL yBp1DOR(E) ! COWCES9IONAIRE(S) p/OR CONTRACTED TALENT(S)RAN
PROVIDED BY THE NAMED INSURED MUST PROVIDE A CEAT]:r%WE OF IN5
00.00 Pr
,0001
TKRQUQK AN ACCEPTABLE CARRIER,
A/ AGGREGATE NUINO 0 BNTB%TASN"NTr INC., WITH mINIMM LIMITS SASLAN ADDITIONAL.
0 W E) TROORHD.
AaRgrMtST WITH ALA
s) NNODD INSUFAD 18 To W�NL{OR WITH CLZ&NTS lOA VENUES,TALENTS (TAt=
4) THI8 lOLICY WILL BE EXCESS OVER ANY OTHE)i VALTO "R C=ZCTABLB
LIABILITY IV'SIEMSTATED Ii/OR ENDORSEDHERETO LZ FOR ALL CONTRACTORS / TALENTS,
uNLERS
5) LIABILITY CCVRMOE IS SPECIFICALLY 8XCLUDS13 MA ANY PYROTECHNICS.
6) WORKERS C(I ZNSATION / EMPLOYERS LIABILITY COVERAGE IS SPECIFICALLY
EXCLUDED PROM THIS POLICY FOR ANY INJURY TO ANY EMPLAYEESr INDEPENDENT
CONTRACTORS 9/09 VOLUNTEERS.
7) LIA91LITY COVERAGE IS SPECIYICALLY EXCLUDED FOR ANY EXOTIC AN2NAL8.
t
PAGE 1 OF 1
a
CAMNAlm
4oGAT►ON
PARKING
6.-
vt
pigs a"
h
u, J ��rr�1 ..n.r.• . na. u�.. _ I
` , >
PONY lEAd1E PONY LEASY 'Q�� a
o GaC M � a
.. I
-c- JeROM£ PARK -�-- }
CITY 4 SANTA ANA, CAI.
.a.0 r• a .as.. rMwnr .,... �r.a.
EXHIBIT "B"
REQUEST FOR PROPOSALS
RFP 07-085-PRCSA
FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS
AT CITY OWNED PARKS
KEY RFP DATES:
Issue Date: October 18, 2007
Pre -proposal Conference: October 25, 2007
Proposal Due Date: November 9, 2007
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. 2nd Floor, Santa Ana, California, until 5:00 P.M., FRIDAY, NOVEMBER 9, 2007. If fin-ther
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"d 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.
4
I. GENERAL
A. RFP PROCESS AND GENERAL TERMS
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. 07-085-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 IV.
Proposal should take into consideration the evaluation criteria included in Section III and
should not to exceed 10 pages.
• Signed proposal form (Section V);
• A letter or printout of vendor's safety related incidents from insurance company, current or
previous, spanning the past three (3) years (Section VI);
• Completed vendor's references sheet (Section VI);
• 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 VII)
• Any other information the vendor may choose to submit.
• Attachments A, B, and C are for reference only, but will be required after the contract is
awarded to the successful vendor.
Vendor must submit one original and eight photocopies of each proposal offered.
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
any, 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.
7. 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. INOUIR ES
Refer inquiries in writing via email to Robert Carroll, rcarroll(a)ci.santa-ana.ca.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.
4
16. PRE -PROPOSAL CONFERENCE
A pre -proposal conference will be held on Thursday, October 25 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
Monday, October 22, 2007. All proposers are strongly encouraged to attend.
I1. 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 October 2008 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
Venue/License Fee
Maximum Size/Scale of Event
1
Jerome Park
Large/$7,000
Up to 16 carnival rides, 12 game booths, 8 food*
March 28-30
booths and/or information booths. No live
Fri -Sun
entertainment
2
Cesar Chavez/
Small/$4,000
Up to 14 carnival rides, 12 game booths, 8 food*
Campesino Park
and/or information booths. No live
April 18-20
entertainment
Fri -Sun
3
Centennial Park
Large/$7,000
Up to 12 carnival rides, 12 game booths, 8 food*
May 23-26
and/or information booths. No live entertainment
Fri -Mon
4
Jerome Park
Large/$7,000
Up to 16 carnival rides, 12 game booths, 8 food*
July 3-6
and/or information booths. No live entertainment
Thurs-Sun
5
El Salvador Park
Small/$4,000
Up to 15 carnival rides, 12 game booths, 8 food*
August 22-24
and/or information booths. No live entertainment
Fri -Sun
6
Madison Park
Large/$7,000
Up to 12 carnival rides, 12 game booths, 8 food*
Aug. 29- Sept. 1
and/or information booths. No live
Fri -Mon
entertainment
7
Rosita Park
Small/$4,000
Up to 14 carnival rides, 12 game booths, 8 food*
September 19-21
and/or information booths. No live entertainment
Fri -Sun
8
Centennial Park
Large/$7,000
Up to 12 carnival rides, 12 game booths, 8 food*
October 10-12
and/or information booths. No live entertainment
Fri -Sun
Note: One booth is equal to one 10x10 canopy area. A maximum of five cooking booths will be
allowed.
5
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 Cesar
Chavez/Campesino, Rosita, and El Salvador parks are considered small carnivals. Carnivals conducted
at Centennial, 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.
IV. 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 the following clauses: 1) a
thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's
coverage will apply on a primary / non-contributory basis to the additional insured; and 3) the
insurance will contain a separation of insureds clause. If the certificate of insurance is in the
name of the carnival operator it shall include the carnival promoter as additionally insured.
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 and fees 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. 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.
Persons performing clean-up shall be employees or subcontractors of the vendor. 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.
7
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, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor
should not only indicate number of rides on the plot plan, but should indicate number of other
types of carnival units such as repair and supply units they would like to have on the park. 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, Rosita, and Campesino/Cesar
Chavez parks, and $7,000 for carnivals conducted at Jerome, Centennial, 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.
No more than five (5) cooking booths will be allowed. 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 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
N
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
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.
9
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 DEPARTMENT 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. The promoter will be required to turn in a completed Land Use Certificate form,
site plan and Security Guard contract to the Police Department. The security Guard contract
shall include the following supplemental information:
• The Security Officer in charge, name and cell number
• A list of names, guard card numbers and copy of guard cards of the security officers
assigned to the event.
10
Guards will be required to produce their guard card on demand during the event if requested by
the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be
immediately replaced by the contracted guard company with an officer who has a guard card.
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. If the number of officers required
exceeds two officers, vendor shall not be responsible for the payment of costs for more than
four officers. 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.
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 Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m.
on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night. Ticket
sales and food sales must stop one half hour prior to the scheduled camival closing time.
Vendor agrees to pay a $500 penalty per day for each violation of this section.
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 — 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.
In addition to minimizing the damage to park property, the City desires a balance between the
number of small, medium and spectacular rides in order to maintain a family and community
environment at these events. Although vendors will be encouraged to provide only small and
medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park
Superintendent must approve the final ride list at, or any time before, the pre -event meeting.
12
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 and one vehicle for office purposes. Vendor agrees to pay a $500 penalty per day for
each violation of this section.
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 Daihatsu 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.
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 parking 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.
13
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.
14
V. PROPOSAL FORM
Responses to this Request for Proposal are due at 5:00 p.m. FRIDAY, NOVEMBER 9, 2007. 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 Uwe will furnish 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
Signature of Authorized Rep.
Name and Title (Please Print)
Date
Fax Number
15
Vt. 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 IV. 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:
16
VII. 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 without approval of City.
Intent to
Park Site
Proposed
Other Deviations from Specifications
Provide
Carnival
Please cite item number and summarize how
Operator
specification deviates
Jerome Park
March 28-30
Fri -Sun
Cesar Chavez/
Campesino Park
April 18-20
Fri -Sun
Centennial Park
May 23-26
Fri -Mon
Jerome Park
July 3-6
Thurs-Sun
El Salvador Park
August 22-24
Fri -Sun
Madison Park
Aug. 29- Sept. 1
Fri -Mon
Rosita Park
September 19-21
Fri -Sun
Centennial Park
October 10-12
Fri -Sun
17
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.
3. 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.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs
now in effect within your company.
[Ee
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
19
ATTACHMENT "C"
NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS
THIS AGREEMENT, made and entered into this day of 2008 by
(hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
On October 18, 2007, 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.
hi 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:
I. PREMISES AND USE
(A) The City of Santa Ana owns the following community park ("Park") within its boundaries:
located at., Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to
encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the
rendering of the Park attached hereto Exhibit "", for the purpose of providing a camival ("Carnival
Event") and for no other purpose. Operator shall provide 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.
20
(D) Asa 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 , issue date
, (hereinafter "RFP") attached hereto as Exhibit "" 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 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 Event 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 the Park identified in Section 3 hereof a full service Carnival Event
complete with the rides, equipment and services as set forth in the RFP (Exhibit ) to this Agreement.
3. FEES/DEPOSITS/PERMITS/LICENSES
At least 10 days prior to the commencement date of the Carnival Event 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.
Park/ Carnival Dates Fee
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 REP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The
vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and
fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day.
The vendor will not be allowed to start an event if there is any unpaid balance due.
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
21
the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival
event provided for herein.
5. TERM
This Agreement shall commence on the date first written above and terminate on December 31,
2008 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.
22
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 there from 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 there
from, and property damage, in the total amount of $5,000,000.00 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 $2,000,000.00 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 $1,000,000.00 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
$1,000,000.00 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."
23
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
24
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.
ui
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.
25
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
hi 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 upcoming scheduled carnival, City may terminate this Agreement upon thirty
(30) written notice to Operator.
hi 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.
26
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:
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
27
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 Operator:
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
28
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
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.
29
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.
35. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
termination, or expiration of this Agreement, shall so survive
36. 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.
CITY OF SANTA ANA
DAVID N. REAM
City Manager
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
30
OPERATOR:
In
(Print N
(Title)
Tax I.D. #
RECOMMENDED FOR APPROVAL:
Gerardo Mouet
Executive Director of the
Parks Recreation and Community
Services Agency
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Joseph Straka
Assistant City Attorney
31
ADDENDUM NO. 1
REQUEST FOR PROPOSAL FOR A CARNIVAL PROMOTER TO PROVIDE
CARNIVALS AT CITY OWNED PARKS
RFP REFERENCE NO: 07-085 PRCSA
DATE DUE: NOVEMBER 9, 2007
Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services
Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP
NO: 07-085 PRCSA. This addendum shall become a part of the original Request for Proposal
due by 5:00 p.m. on November 9, 2007.
This addendum is provided in response to questions asked at the pre -proposal conference
conducted on October 25.
1. Page 5, Section II. Please clarify the number of food booths and information booths
allowed.
Up to 20 food and information booths will be allowed. Of these 20 booths, up to six 10 x 10
booths can be cooking booths (or up to three 10 x 20). The remainder can be non-profit,
commercial or sponsorship booths. Please include in you plot plan what goods and services each
of these booths will offer and the dimension of each booth. The City must approve all goods
sold at commercial booths. Massage booths are not allowable.
2. Page 7, Section IV. A. 2, first paragraph shall be revised as follows:
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 often (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 gam.
A. M1. j",040W 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. itFat sh%'rtn
4
$5>00t1ihrfitg�uYt�ie ttriv�tagt'ea�Texti
3. Page 8, Section IV. A. 8, second paragraph shall be revised as follows:
No more than €#0 ( si-, (6) cooking booths will be allowed. 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 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.
1
4. Page 11, Section IV. A. 18, second paragraph shall be revised as follows:
A post -inspection meeting shall be completed on the second=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.
5. Page 12, Section IV. A. 21, shall be revised as follows:
CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later
than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on
Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night ani0-.00
?M4idsf*,AIkhL Ticket sales and food sales must stop one half hour prior to the
scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation
of this section.
5. Please describe where the Carnival at Centennial Park will take place.
Please find attached park maps that describe all carnival boundaries.
Should you have any questions or require additional information, please contact Robert Carroll at
your convenience, (714) 571-4218.
Date Mailed: November 1, 2007.