HomeMy WebLinkAboutO ENTERTAINMENT, INC. 4City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
2011-JM 29 PM 4: 50
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M-30). (ITY OF SANTA ANA
Call 647-6520 if you have any questions. CLERK OF COUNCII
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Revised 12-07-07
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A-2009-017
NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS
0 THIS AGREEMENT, made and entered into this 2nd day of February, 2009 by "O"
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").
O 1
RECITALS
N On December 12, 2008, the City issued Request for Proposals, No. 08-078 -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. 08-078 -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:
1. 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 Park ("Carnival Areas") delineated in the renderings of the Park attached hereto
and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no
other purpose. Operator shall provide two (2) carnivals ("Carnival Event") at Jerome Park 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 Park described herein above in its entirety for public purposes
to which it presently is 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 Park by the City, its residents and guests.
(C) Operator hereby acknowledges that title to the Park 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 Area within the Park 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 08-
078-PRCSA, issue date December 12, 2008 , 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.
Park/ Carnival Dates
Fee
Jerome Park
March 13 — 15, 2009
$8,250.00
Jerome Park
August 14-16
$7,000
$15,250
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, 2009 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.
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 C, upon execution of this Agreement and shall be
approved in form by the City Attorney.
B. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage
for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, 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:
1. 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 Camival 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) days 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:
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
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: O Entertainment, Inc.
Attn: Ward Hassett
539 East Bixby Road, Suite 59
Long Beach, CA 90807
Telefacsimile (562) 495-5961
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. 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 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
10
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Operator shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
34. BINDING ON HEIRS AND SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this Section shall
not be deemed to be a waiver of any of the conditions against assignment set forth herein.
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.
it
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
vt PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attor,�ey
By:
La ra Sheedy
Assistant City Attorney
12
CITY OF SANTA ANA
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EXHIBIT B
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 the carnival season. 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 deposit balance shall remain at $5,000 during the term of the
agreement.
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.
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 Section IV.A.3. of this
14
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 shall indicate number and name of rides on
the plot plan, and the name and 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 $5,000 for carnivals conducted at El Salvador and
Campesino/Cesar Chavez parks, and $8,750 for carnivals conducted at Jerome,
Centennial, Rosita, 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 ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). 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. All booth operators
must be set-up and ready for inspection by 4:OOp.m. on the first day of the carnival.
Vendor agrees to pay a $500 penalty per day for each violation.
15
9. O.C. HEALTH DEPARTMENT REQUIREMENTS — Vendor must obtain food permits
and food booth inspections from the Orange County Health Department a minimum of
ten (10) business days before the event. Any booths or vendors not receiving prior
approval from the Orange County Health Department will not be allowed to operate.
Food booths are only allowed to operate for the duration of the event during event hours
only. To obtain food permits and schedule booth inspections, vendor must contact the
Orange County Health Department at (714) 667-3610. Vendor agrees to pay a $500
penalty per day for each day late in securing food permits and food booth inspections.
Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth
discovered operating without prior approval of the O.C. Heath Department.
Parks and Recreation will provide two (2) potable water hookups during the entire event.
These water hookups are to be used ONLY for sanitation purposes in compliance with
the Orange County Department of Health regulations, and are not for camping or
refreshment preparation use. Vendor agrees to pay a $500 penalty per day for each
violation.
10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS
(BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) — Carnival promoter is
responsible for supplying the Business License Office with a list of pre -approved
potential vendors before sending vendors to the Business License Office, in order to
avoid unapproved vendors from vending during the event, or carnival promoter can
collect all the necessary information and fees from the vendors and submit the entire
packet to the Business License Office a minimum of five (5) days prior to the
commencement of the event. Vendor agrees to pay a $500 penalty per day for each day
late in submitting/paying the packet to the Business License Office.
All vendors, business or non-profit organizations (selling or information only), which
vend on City Property are required to possess a City of Santa Ana Business License.
Businesses who do not have a current City of Santa Ana Business License can obtain a
One -Day Peddler/Solicitor license. Non -Profit Organizations are required to obtain a
Fee -Exempt status through the Business Tax Office. This is a once a year registration
fee. For more information the Business Tax Office can be contacted at (714) 647 -5447.
The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA
92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a
City Business License.
11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Vendor shall send a letter
to the neighborhood associations adjacent to the park where the carnival is to be
conducted informing them of the event and to gain their organization's support for the
planned activity at the park during the scheduled times and dates, a minimum of ten (10)
business days before the event. The Community Development Agency will provide
contact information to the vendor for a particular neighborhood upon request. Vendor
must submit copy of signed letter, on the organization's letterhead, to the Santa Ana
Police Department and to the Parks, Recreation and Community Services Agency a
M
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.
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
17
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.
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 Tuesday 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 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.
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.
18
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 and 10:00 p.m. on Monday night. 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.
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
we,
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 City 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.
26. EVENT STAFF, OFFICE AND SECURITY 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 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.
20
31. EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post
signs before the start of the event 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 shall ensure that these signs remain in place through the duration of the
event. 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 IV.A.18. The Police
Department will arrange the necessary police staffing for the event. The vendor is
responsible for all Santa Ana Police Department regular and overtime costs for the event.
In the event that the event is rained out or otherwise cancelled on short notice, the vendor
will be responsible for a minimum of 4 hours of over -time costs.
34. LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help
light the carnival. Vendor is responsible for providing all other lighting to ensure that all
areas of the carnival are adequately lit throughout the duration of the event. Vendor
agrees to pay a $500 penalty per day for each violation of this section.
35. NEIGHBORHOOD BOOTHS — Vendor agrees to provide the local neighborhood
associations with a booth for marketing and fundraising. This booth will be in addition to
the 20 booths described in Section II. Food and beverages sold at this booth must be
approved by the carnival vendor and the City. City will indentify the name and phone
number of a contract person from the Neighborhood, who will be responsible for the
booth.
36. ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the
carnival.
21
c �
January 08, 2009 gt---
Parks, Recreation and Community Services Agency •7, 1//
Budget and Accounting Section M-23 �i/ G%�OGC/Q•
RO. Box 1988
Santa Ana, California 92702
Attention: Robert Carroll
Re: Proposal for Providing Carnivals at City Owned Parks RFP# 08-078-PRCSA
Submitted by:
O Entertainment
539 E. Bixby, Suite 59
Long Beach, California 90807
Phone: (562) 495-5959
Fax: (562) 495-5961
Please find enclosed our proposal to provide carnivals at Santa Ana City owned parks. The carnivals being Jerome
Park March 13-15, 2009, Centennial Park May 22-25, 2009, Jerome Park August 14-16, 2009, and that last being
Madison Park September 4-7, 2009.
O Entertainment in conjunction with and of on behalf of Christiansen Amusements intends to perform Agreement
as a single Proposer. O Entertainment will bear sole and complete responsibility for all work.
Sincerel
Ward Hasseft, O Entertainment • Email: ward@oentertainment.not
Authorized Signature on behalf of O Entertainment to Bind Applicant in a Contract
and is authorized to represent the company.
539 E. Bixby Road, Suite 59 • Long Beach, CA 90807 • (562) 495-5959 • Fax (562) 495-5961
www.oentertainment.net
EX
INnIl R
RFP 08-078 PRCSA
Proposal Due Date: January 8, 2009
IV. SPECIFICATIONS
In the pages that follow O Entertainment in conjunction with and on behalf of Christiansen
Amusements carnival will present specific details of the products and services our two companies offer
that will expand upon the other documents presented in this proposal as well as address the section IV
Specifications required by the RFP.
Before addressing the RFP Specifications we'd like to first comment on the evaluation criteria
for the proposal and our ability to provide and conduct safe, quality and enjoyable carnival events for the
City of Santa Ana, the PRCSA, the residents and communities of the City of Santa Ana.
Safety is a priority issue for both companies and we worked diligently to consistently maintain
our equipment including rides, games, booth frames & canvas, electrical cables & supplies, etc. in the
best professional manner possible. Rides are inspected daily before any operation (see Exhibit
attached). Our employees are experienced and trained in the safe operation of their individual areas (see
the personnel lists of experience attached).
Another important safety provision is that all rides are State of California DOSH inspected and
certified each year. To further verify our carnival safety, Christiansen Amusements remains as the only
recipient amongst all Southern California carnivals of the OABA (Outdoor Amusement Business
Association) `Circle of Excellence' award for carnival operation (see Press Release enclosed).
Our companies have both been in business over 70 years combined and we've worked together
on several annual events for many years. Our mutual philosophies of quality, professionalism and a
sound fiscal business approach have enabled us to remain financially stable and viable through the years
as two companies that own their products and provide complete turnkey events for customers.
The four events selected for 2009 are dates we can accommodate and commit to providing
quality events. In addition to the other carnival referrals in the RFP, O Entertainment and Christiansen
Amusements have also provided similar event services together for the City of Westminster, the City of
Pico Rivera* and the City of Santa Fe Springs* and their Parks & Recreation Departments; plus the
Downtown Anaheim Association, Garden Grove Arab American Festival* and North Redondo Beach
Business Association SpringFest to list other annual events. Finally we successfully served the City of
Santa Ana and its Cinco de Mayo festival for several years and our record with the PRCSA at Jerome
Park for the previous few years also reflects our ability and commitment to meet the needs and criteria
of this RFP. (Referrals can be provided for the additional events listed. An * indicates a park event.)
The final pages of this proposal will address our response to the section IV Specifications.
(1)
A. VENDOR RESPONSIBILITIES
1. Proof of Insurance: Adequate general liability insurance coverage, inclusive additional insured
listings and appropriate certificates containing all required clauses will be provided upon
selection and presented before ten days in advance of each event.
Note: Please see the five-year Christiansen Amusements incident report history provided
and the minimum number of incidents on file which further supports the attention to
carnival safety presented elsewhere in this RFP.
2. Required Cleanup/Damage Deposit: The refundable damage/clean-up amount will be deposited
with the City in advance of the ten day minimum prior to the first event.
Note: Christiansen Amusements places heavy steel discs over sprinkler heads to not only
prevent damage to the sprinkler system but also provide an additional safety element for
any pedestrian foot traffic walking over the sprinkler to prevent injury (see #19 also).
3/4/5. Cleanup during and after the event/Street Sweeping/Dumpsters: Both O Entertainment and
Christiansen Amusements maintain as a regular event practice a maintenance crew in uniformed
attire that specifically addresses trash and debris pickup on a consistent daily basis throughout
the entire event area. This maintenance will also include for these events any of the surrounding
event areas and neighborhood access ways as they may apply at each individual park. Not only
will any park trash receptacles be maintained but also the additional trash containers liners we
provide will be kept clean and fresh with new liners consistently. All trash will be removed to
larger roll -off dumpster facilities that will be provided which will then be properly disposed and
off the park site as required by 3:00 p.m. of the second day following the event.
Note: While not often a major element of our events, recycle trash bins for aluminum cans
and plastic bottles are also a standard practice of both O Entertainment and Christiansen
Amusements and these bins will also be provided and maintained throughout the event to
encourage patrons to recycle. Containers will be emptied and product delivered to an
appropriate approved City of Santa Ana recycling facility as necessary.
6/8/9. Required Plot Plan and Plan Check Process/Fire and Electrical Inspections/O.C. Health
Department Requirements: All necessary plot plan information will be provided on time as
according to the LUC format and will contain all necessary information on the plans. All
Departments (Police, Planning, Fire, Electrical, Health & Parks) will receive plot plan copies. In
addition to the initial Plan Check process Fire and Electrical permits/applications and inspections
will be scheduled appropriately, and proper electrical power will be provided all booths needed.
Finally all O.C. Health Department permit and inspection requirements will be arranged,
scheduled and adhered to.
7/10. Carnival License Fee/Required Business License Permits: In addition to properly submitting the
individual Carnival fee as determined in the Revised Carnival Adjusted Fee Attachment A; all
appropriate vendor information, license applications and monies will be collected and submitted
according to the requirements of each type of vendor attending the event.
(2)
A. VENDOR RESPONSIBILITIES (cont.)
11-13. Contact with Neighborhood & Business Organizations & Residents: A letter will be sent to all
neighborhood associations as provided by the Community Development Agency to inform them
of the event and encourage their support. Event dates/times and all pertinent information will be
communicated prior to the ten day in advance period. At the same time a letter will be sent to all
business near the park detailing the same information and notifying them of any precautions to
take and contacts to make with us to prevent event participants from using their parking. Finally
a bi-lingual English/Spanish Flyer will be distributed to the surrounding neighborhoods of the
park at least the week of or prior to the event opening with event dates and details and any
special offers for them.
14-17 Event Security Personnel/Licenses/Police Department Requirements: A bonded, licensed, uni-
32/33. formed Security Guard company pre -approved by the City of Santa Ana Police Department will
be used for all events. Security Company agreement and employee information will be provided
the Police Department and guards will be adhere to all uniform, equipment and card
requirements as specified. Upon notification by the Police Department of the minimum number
of `soft' security personnel, two City of Santa Ana officers will be added for the total security
package. Our experience at previous events has shown that the security provided has kept the
events safe and we expect the same for this year. This safety element also applies to all other
events held with Christiansen Amusements as we use quality, experienced security companies.
Also as needed security personnel will be located at neighborhood entrances to specific parks to
deter participants from parking in the adjacent residential areas during the event hours (also #31).
18-21. Pre/Post Event Inspections/Field Protection/Carnival Equipment/Hours: As modified in
Addendum No. I a pre -event inspection with the Park Supervisor will be scheduled Tuesday
prior to the event. All site plans, ride lists/photos, and any other information will be provided at
that time and NO carnival equipment will arrive on the park until after this meeting. Also at this
meeting for Christiansen Amusements all applicable sprinkler heads will be requested to be
marked for covering with their heavy metal discs (in item A.2 also). All equipment will be
removed by 2:00 p.m. Tuesday following the event when a post -event inspection will be
conducted to assess the park condition, compliance and overall event. Event hours will not open
before noon any day and will close at 11:00 p.m. on regular weekend Fridays and Saturdays plus
10:00 p.m. on Sunday or 11:00 p.m. on Memorial & Labor Day Weekend Sundays with a 10:00
p.m. Monday closing. Ticket and food sales will stop _ hour prior to the event closing time.
22. Portable Restrooms: A minimum of seven (7) portable toilets will be provided with one a
designated disabled persons unit. Units will be place in a location easily accessible to servicing
trucks. The units will arrive before noon Thursday and be removed by 2:00 p.m. Monday or the
day following the event. They will be serviced at least daily before the event opens and if
needed a second time if attendance and usage requires it. They will also be maintained
throughout each day of the event. Additionally, hand -washing sinks will also be provided for the
portable toilet area and any other area of need such as primary food booth area, etc.
23/36. Sale, Advertising and Consumption of Beer, Alcohol or Cigarettes/Animals: There will be no
beer, alcohol, cigarettes sold, advertised or consumed at the event as well and there will also be
no animal rides or petting zoos.
(3)
A. VENDOR RESPONSIBILITIES (cont.)
24/25. Carnival Games/Rides/Attractions: No games with shooting or simulating guns will be at the
event with the exception of a water race game. All games will comply with State regulations.
The ride mix will focus on kids, teens and adults providing the right balance for the community.
Christiansen Amusements will combine the rides to the satisfaction of the Park Superintendent.
26. Event Staff, Office and Security Parking: All event staff, office and security personnel parking
will be in the authorized area designated at the pre -event meeting ONLY. No overnight vehicles
are allowed on the park site as only one security and one office vehicle will be allowed.
27. Deliveries of Supplies to Vendors: Vendor booth product/equipment delivery by vehicle can only
be made before and after event hours. No trucks or automobiles will be allowed in the park area
during event hours. Any event hour deliveries must be done by cart or hand carried.
28-31. Traffic and Parking Control and Equipment: O Entertainment has an Operations Director for
Parking and traffic control that will monitor all aspects of these elements. Any signage, caution
tape, cones, or barricades necessary for control of parking and/or traffic will be facilitated by the
Director with the Santa Ana Police Department as discussed in advance and needed. We will
monitor all authorized personnel parking areas for compliance and we will post bi-lingual
English/Spanish `No Event Parking' signage as needed in the entrance areas to neighborhoods as
it applies to each event to deter residential parking. Any designated parking attendants will wear
reflector vests and have directional flash lights as needed. Parking attendants/supervisors will
have two-way radio communication with security personnel and the event office.
34. Lighting: Carnival ride and game area provides its own lighting and any other lighting necessary
in addition to any park ball field lighting that can be used will be provided for the vendor booth
and other areas to maintain safety throughout the event.
35. Neighborhood Booths: A vendor booth area will be provided for specific neighborhood area
non-profit organizations to conduct marketing and fundraising opportunities. The City will
provide us the contact information for the organization and any food items must be approved.
This booth will be in addition to the maximum booth number allowed for our vendors.
V. PROPOSAL FORM
Responses to this Request for Proposal are due at 5:00 p.m. THURSDAY, JANUARY 8, M09. The
undersigned Vendor agrees to provide carnival services at City -owned parks in accordance with the
specifications. I/We have stated herein the services and fees that I/we will 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 agreement in the event that terms under
which carnival vendor is contracted are violated.
O Entertainment, Inc.
Name of Vendor
(Person, Firm, Corp.)
539 E. Bixby Road, Suite 59
Address
Long Beach, CA 90807
Address
(562)495-5959
Telephone Number
Signature of A thorized Rep.
Ward Hassett, Secretary/Treasurer
Name and Title (Please Print)
January 8, 2009
Date
(562)495-5961
Fax Number
Out 8W6Ve44 a r4*N*Z1
Christiansen Amusements Carnival
Resume & Summary of Qualifications
(O Entertainment - Vendor Submittal)
RFP 08-078-PRCSA
Due: January 8, 2009
Christiansen Amusements enters its 44`h season as a carnival operator in 2009. We conduct over
90 events annually providing quality carnival rides, games, food concessions, generators, ticket boxes,
seating areas, and complete turnkey operations with office staff and management personnel on hand at
all times, ride and game supervisors and complete maintenance and repair staff available at all times.
Our ride operators are trained. as to ride safety and operation. Each ride is extensively inspected
daily with complete written reports filed. Our ride and game staff wears uniforms with embroidered
logos on hats, shirts, sweatshirts and jackets. We present a `No Smoking' policy on our carnival
midway for our employees as we provide specific break areas for this purpose. Our employee grooming
policy requires neatness and cleanliness and we make every effort to present approachable, responsible,
considerate employees to serve our customers.
As the enclosed safety record and brochure indicate, "Safety is our # 1 Priority" and that record
can be verified through the references provided and our recognition by the OABA (Outdoor Amusement
Business Association) as only carnival recipient in Southern California of their `Circle of Excellence'
award for carnival operation (see Press Release enclosed).
Christiansen Amusements understands what families and communities desire and appreciate in a
local neighborhood event because we are a fourth -generation family business ourselves with current co -
owners Stacy Brown and her husband Tom meeting on the `show' over 25 years ago as teens. Now,
their four children have also been raised in the business and support the many communities and
organizations we've served for over 15, 20 and even 30 years from Boys & Girls Clubs to Schools and
Churches to Chambers and Civic Groups and many Cities themselves.
A final example of our `family' is the many employees that have been with us for 15 to 20 and
25 years who are now even seeing the children of adults that attended our events years ago when they
were children. Christiansen Amusements brings experience and understanding from over five decades
and thousands of events to the City of Santa Ana and the PRCSA and we look forward to a great 2009.
In closing, Christiansen Amusements is a member in good standing of the Outdoor Amusement
Business Association (OABA), a national carnival and amusement association; Western Fairs
Association (WFA); Pacific Coast Showmen's Association for the Southern California carnival industry
and Showmen's League of America, a national carnival industry association.
If selected as part of the O Entertainment proposal package for any park event, we assure you
and everyone that attends a safe, quality, affordable carnival experience.
Respectfully,
Christiansen Amusements
Ownership, Management & Staff
January 8, 2009
P.O. Box 997, Escondido, CA 92033.0997 • (760) 735-8542 • Fax (760) 735.8543 • www.amusements.com
Asmcw�ary
vecmiw�
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CHRISTIANSEN AMUSEMENTS - MANAGEMENT PERSONNEL
A. Stacy Brown, President/Game Manager: 24 years in the industry as concession operator and
manager in charge of all personnel, game concession ordering/stocking and bookkeeping. Co-
owner since 2007
B. Tom Brown; Vice President/Ride Supervisor: 24 years in the industry as ride operator and
supervisor/unit manager. Experienced in all aspects of ride safety training and operation. Co-
owner since 2007
C. Ralph E. `Buzz' Christiansen; Founder: Lifetime in the industry; third generation carnival
owner. Corporate owner from 1965 to 2007. Company consultant since retirement after 2007.
D. Bill Jacob: Office Manager: 15 years in the industry responsible for all contracts, permits/
licensing, liaison with committees/City officials and marketing/promotions activities.
E. Mindy Seltmann: Office Admin. Assistant: 13 years in the industry coordinating all pre -event
activities i.e. presales, game stock ordering, publicity, security, and all client correspondence.
F. Buddy Reynolds: Ride Supervisor: 41 years in the industry as ride owner/operator and
supervisor/manager. Experienced in all areas of ride safety training, maintenance and operation.
G. Tomasi `Tee' Pasefika: Ride Supervisor: 5 years in the industry as ride operator and
supervisor/unit manager. Responsible for ride safety training, setup, maintenance and operation.
H. Sharon O'Connor: Unit Office Manager: 10 years in the industry as concession operator,
manager and office personnel operation. Supervises customer service and financial operations.
I. Netty Hungerford: Unit Office Manager: 34 years in the industry as concession operator,
manager and office personnel operation. Supervises customer service and financial operations.
J. Chris Grissom: Transportation/Maintenance Manager: 36 years in the industry; manages
drivers, vehicle& ride maintenance/repair; dispatch and DMV/DOT licensing/permits/testing.
K. Danny Armour; Game Manager: 32 years in the industry as concession operator and manager.
L. George Paulus; Game Manager: 28 years in the industry as concession operator and manager
of both games and food operation.
M. Julie Paulus; Food Manager: 28 years in the industry as concession operator and manager of
both games and food operation.
N. Djon Venegas: Game Manager: 17 years in the industry as a concession operator and manager.
dABh-
-NEMBeP-
P.O. Box 997, Escondido, CA 92033.0997 • (760) 735-8542 - Fax (760) 735.8543 • www.amusements.com
w�w
WE3IERN FAIN
ASSOCIAPON
EXHIBIT C
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
22
the endorsement form as part of
CERTIFICATE OF LIABILITY INSURANCE °""''"Y°°'_' m
PR°Allied Specialty Insurance THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
85 N.E. Loop410 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF
Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
San Antonio, TX 78216
INSURERS AFFORDING COVERAGE I NAIC #
1N°""ED Christiansen Amusements, Inc.
and Southland Shows, Inc.
P. 0. Box 997
Escondido, CA 92033
COWRAnPA
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION$ AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBONAWA
UWT*
GENERAL LIAIINUTY
EACH OCCURRENCE
$ 1,000,000
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MWRPnON OF OPERATONG I LOCATHM I VEHICLES I EKOLUSIONS ADM ST ENDORSEMENT I VECIAL PROVISIONS
ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY:
THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES, RESPRESENTATIVE AND
VOLUNTEERS.
FOR THE DATES: 8/9/10 THROUGH 8/18/10
PARKS RE{
SERVI6ES F
20 civic C
SANTA ANA,
25
EATION & COMMUNITY
BN OULDANYOFTHEABwEDMFVB DPDUDRssECANCEUEOB�tETHEEXMATION
ENCY DATE THEREOF, THE MUNNc WWRM wILJ, MML � (J DAYS WWTEN
NTER PLAZA NOTICE TO THE CERTFxATE HOLDER NAMED TO THE LEFT
CA 92701 1 __
I no AtAmu narna gnu logo are raSlatwad marks of ACORD
CORPORATION. All rIvIfts reserved.
ADDITIONAL INSURED ENDORSEMENT
Insurance Company T_H_F._ Tnmliranna CkzVa V
This endorsement modifies such insurance as is afforded by the provisions of Policy #
CM10DR07—On relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents and volunteers are named as additional Insured ("additional
insured") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such Insurance as is afforded by this policy Is primary
and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insured.
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 insured, this insurance shall not be canceled, or
materially reduced in coverage or limits except after thirty (30) days written notice
has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective 8/9/10 this endorsement form as a part of
Policy # CPP0100507-00
Issued to
Chri.st'.ialL= Amtla =f-R, Inc_ anti Southlarv3 ShrwR., Tnrr
Named Insured
Countersigned by
Aut orize ig t re
FORM
JOSEPH , FLETCHER
CIS ATTORNEY
IN REPLY REFER TO:
SEPTEMBER 10, 2010
CITY OF SANTA ANA
ATTN: ROBERT CARROLL
20 CIVIC CENTER PLZ
SANTA ANA CA 92701-4058
CERTIFICATE OF WORKERS'
-----------------------
COMPENSATION INSURANCE
----------------------
CANCELLATION NOTICE
-------------------
RE: CERTIFICATE DATED JANUARY 15, 2010
THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER
NAMED BELOW HAS BEEN CANCELLED EFFECTIVE AUGUST 1, 2010 AT
12:01 A.M.
IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE
CONTACT THE EMPLOYER NAMED BELOW
EMPLOYER:
CHRISTIANSEN AMUSEMENTS, INC
PO BOX 997
ESCONDIDO, CA 92033
POLICY 1553216-09
CUSTOMER SERVICES UNIT
SACRAMENTO DISTRICT OFFICE
(916) 924-5072
5860 Owens Drive • Pleasanton, CA 94588-3900
Mailing Address: P.O. Box 8192 • Pleasanton, CA 94588-9682
$CIF 19102
IN REPLY REFER TO:
SEPTEMBER 10, 2010
CITY OF SANTA ANA
ATTN: ROBERT CARROLL
20 CIVIC CENTER PLZ
SANTA ANA CA 92701-4058
CERTIFICATE OF WORKERS'
-----------------------
COMPENSATION INSURANCE
----------------------
CANCELLATION NOTICE
-------------------
RE: CERTIFICATE DATED JUNE 1, 2010
THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER
NAMED BELOW HAS BEEN CANCELLED EFFECTIVE AUGUST 1, 2010 AT
12:01 A.M.
IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE
CONTACT THE EMPLOYER NAMED BELOW
EMPLOYER:
CHRISTIANSEN AMUSEMENTS, INC
PO BOX 997
ESCONDIDO, CA 92033
POLICY 1553216-09
CUSTOMER SERVICES UNIT
SACRAMENTO DISTRICT OFFICE
(916) 924-5072
5860 Owens Drive - Pleasanton, CA 94588-3900
Mailing Address: P.O. Box 8192 - Pleasanton, CA 94588-9682
SCIF 19102