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HomeMy WebLinkAboutFIESTA DE CARNIVAL 4City of Santa Ana Clerk of the Council AGREEMENT TERMINATION "Zglq AUG 21 PN 4' US Please complete this form when the attached agreement is no longer in effect. 4F SANTA ASA Return form to the Clerk of the Council Office (M-30). (; Ti tz, ` Call 647-6520 if you have any questions. CLERK' OF C,00"T „t ------------------------------------------------------------------------------------------ NOTE: PLEASE INCLUDE ALL AMENDMENTS IF ANY. THANK YOU. The agreement with &p 0 rr v't''`JrLQ No. -k o -m01- c e) COIN, was completed on and final payment has been made. �Y / Department: Phone/Ext.: C5- f Signature:L� Date:_ �� 1M77 INSl1F�Aiv.,� NUT Crl� �'�F A-2009-016 WORK MAN ' T PROCEED CL9K OF COUNCII,� �tji nATE ' NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this 2nd day of February, 2009 by Fiesta De Carnival (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 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: Campesino Park, located at 3311 W. 5`h St, Santa Ana: Madison Park, located at 1528 S. Standard, Santa Ana; El Salvador Park, located at 1825 W. Civic Center Dr. West, Santa Ana; Rosita Park, located at 706 N. Newhope St., Santa Ana; and, Centennial Park, located at 3000 W. Edinger 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 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 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 Area within the Parks Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved 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 Cesar Chaves/ $4,500.00 Campesino April 17-19 Centennial Park $8,750.00 May 22-25 Rosita Park $4,500.00 June 12-14 Centennial Park $7,000.00 July 3-6 El Salvador Park $4,500.00 August 7-9 Madison Park September 4-7 $8,750.00 Rosita Park October 16-18 $4,500.00 Centennial Park October 2-4 $7,000.00 $49,500.00 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 often (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. 7. NON RECORDING Neither party shall record this Agreement 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 $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: (l) 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) 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: International Promotions, Inc. dba Fiesta de Carnival Attn: Ted Holcomb 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 Telephone (562) 799-7737 Telefacsimile (562) 799-1443 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. 10 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 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Laurd Sheedy Assistant City Attorney 12 CITY OF SANTA ANA DAVID N. RE City Manager FIESTA DE CARNIVAL TE HOLCOMB Owner Tax ID # EXHIBIT A PARK LOCATION MAPS 13 14 15 CA*- tit ;;�r" 42 - PARK 3311 W- 16 d t 'bnv V00" .a a 17 18 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. 19 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 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. 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 20 must be set-up and ready for inspection by 4:00pm on the first day of the carnival opening. Vendor agrees to pay a $500 penalty per day for each violation. 9. O.C. HEALTH DEPARTMENT REQUIREMENTS — Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange County Health Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Heath Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Vendor agrees to pay a $500 penalty per day for each violation. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) — Carnival promoter is responsible for supplying the Business License Office with a list of pre -approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non-profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One -Day Peddler/Solicitor license. Non -Profit Organizations are required to obtain a Fee -Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor 21 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. 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 22 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. 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 23 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 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 24 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 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. 25 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 identify a name and phone number of a contact 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. 26 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 27 the endorsement form as part of ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING CARNIVALS AT CITY OWNED PARKS RFP REFERENCE NO: 08-078 PRCSA DATE DUE: JANUARY 8, 2009 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: 08-078 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on January 8, 2009. This addendum is provided in response to questions asked at the pre -proposal conference conducted on December 18, 2008. 1. There are issues with storing the trucks before the event. Where can the carnival promoter park vehicles where they will not be ticketed? Parks staff will work with other City staff to assist in identifying available parking areas for truck and trailers. In the event that the City is not able to identify available parking, vendor must abide by parking restrictions identified in Section IV. A. 26. Available parking information will be shared at the pre -event meetings. 2. Questions were raised regarding some of the proposed fees and dates. See Attachment A for revised fees and carnival dates. 3. Promoters requested that the number of food and information booths be increased. See Attachment A for revised number of booths for small and large carnivals. 4. Page 11, Section IV. A. 8, second paragraph shall be revised as follows: No more than sig (6) ten 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 vendors must be set-up and ready for inspection by 4:00 p.m. on the first day of the carnival. Vendor agrees to pay a $500 penalty per day for each violation. 5. Page 11, Section IV. A. 18, shall be revised as follows: 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 1 meetings will determine the condition of the sites before and after the event. A pre -inspection meeting must occur on the Wednesday 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. 6. Page 11, Section IV. A. 20, shall be revised as follows: 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 Wednesday 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. 7. Maps. Please find attached park maps that indicate the area in the parks that carnivals will be held. 8. Page 14, Section IV. A. 35, shall be revised as follows: 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 contact person from the Neighborhood who will be responsible for the booth Should you have any questions or require additional information, please contact Robert Carroll at your convenience, (714) 571-4218. 2 Revised Carnivals Dates and Fees Attachment A. Park Site Fee Adjusted Fees Maximum Size/Scale of Event 1 Jerome Park 8,750 8,250 Up to 16 carnival rides, 12 game booths, 2-9 March 13-15 *. 10 food and Fri -Sun 20 information booths. No live entertainment. 2 Cesar Chavez/ 5,000 4,500 Up to 14 carnival rides, 12 game booths, 24 Campesino *. 10 food and 15 April 17-19 information booths. No live entertainment. Fri -Sun 3 Centennial Park 8,750 8,750 Up to 14 carnival rides, 12 game booths, 2-9 May 22-25 Memorial Day *. 10 food and Fri -Mon Weekend 20 information booths. No live entertainment. 4 Rosita Park 8,750 4,500 Up to 16 carnival rides, 12 game booths, 2-9 June 12-14 food er infeFrnateon bGeths*. 10 food and Fri -Sun 15 information booths. No live entertainment. 5 Centennial Park 8,750 7,000 Up to 14 carnival rides, 12 game booths, 24 July 3-6 Fourth of July feed GF iRfGrFnatiGR beeths*. 10 food and Fri -Mon Weekend 20 information booths. No live entertainment. 6 EI Salvador Park 5,000 4,500 Up to 15 carnival rides, 12 game booths, August 7-9 *. 10 food and Fri -Sun 15 information booths. No live entertainment. 7 Jerome Park 8,750 7,000 Up to 16 carnival rides, 12 game booths, 2-4 August 14-16 Fri food oF infeFmatiGR beeths*. 10 food and Sun 20 information booths. No live entertainment. 8 Madison Park 8,750 8,750 Up to 12 carnival rides, 12 game booths, 2-9 September 4-7 Labor Day *. 10 food and Fri -Mon Weekend 20 information booths. No live entertainment. 9 Rosita Park 8,750 4,500 Up to 16 carnival rides, 12 game booths, 2-9 SeptembeF 11 13 food- or information booths*. 10 food and October, 16-18 15 information booths.No live Fri -Sun entertainment. 10 Centennial Park 8,750 7,000 Up to 14 carnival rides, 12 game booths, 2-9 October 2-4 Founder's Day food or infermatiOR booths*. 10 food and 20 Fri -Sun Weekend information booths. No live entertainment. 12/15/2008 . Proposal for: Santa Ana Parks & Recreation RFP 08-078-PRCSA 1. Proof of Insurance: Our Carnival comes with a 10 million dollar general aggregate and 3 million dollar each occurrence policy. We will additionally insure the City of Santa Ana and its officers, agents and employees on the certificate. We will provide the City of Santa Ana a copy of the policy at east two weeks prior to the show. It will also contain all the required clauses and will additionally name the promoter on the certificate. -- - 2. Cleanup/Damage Deposit: Fiesta de Carnival will give the city a $5,000 refundable cleanup deposit at least 10 business days before the show. We also agree to pay a $500 per day late charge for each day thereafter. Monies will be used from the deposit to repair any damage to the park. 3. Cleanup: Our Carnival will continuously cleanup the Park from start to finish of the show. This means from the day we pull rides on the park until the day we leave. A minimum of two maintenance workers will be on hand throughout the event dedicated to removing trash and debris, cleaning park receptacles and replacing liners on a regular basis. All temporary bathrooms will be serviced and sanitized on a daily basis. We will make sure all food vendors dispose of grease and oils in accordance with all health department standards. Our maintenance team will do one last thorough cleaning of the entire park and its surrounding areas after show is gone Monday afternoon. 4. Street Sweeping — Our maintenance staff will also maintain the surrounding sidewalks and street area. If debris is too intensive, we will hire a street sweeping company Monday morning to clean the area. If the area is still scattered with trash we will pay a $500 fine to the City of Santa Ana. 5. Dumpster — As always, we will bring our 40 -yard roll -off dumpster to the event. We will remove it no later than 3:00 p.m. on the second day after the event. If it's not removed we will pay a $500 per day fine thereafter. We will make sure the dumpster is there the day we pull on the lot so our game vendors and staff don't have to use Park trash cans. 6. Plot Plan: We will submit a detailed plot plan utilizing the. land use certificate format at least two weeks prior to the event. The plan .will show entrances, exits, rides, vending booths, games, restrooms, electrical boxes, and barricades. I will personally walk the Plan around to all departments (Fire; Police; Building and Safety...) to discuss concerns. and plans with each department head. We will pay a $500 per-, day fine for each day the plan is late- 7. License Fee: Carnival will pay the city a license fee of $5,000 for the small parks (El Salvador, Rosita, Cesar Chavez) and $8,750 for the larger parks (Madison, Centennial, Jerome). We will also partner up with a local Santa Ana school or non-profit organization to help raise money for their programs. In the case of a rain out, the fee will be applied to another carnival date at that park. The fees will be prorated if any individual days are rained out. 8. Fire and Electrical: Carnival will schedule appointments with the fire department and planning and building agency for all carnival electrical and equipment plans at least 10 business days before the event. If Carnival brings more than 5 cooking booths we will arrange for Fire Watch Services. We will provide our own electricity for all rides and vendors at the event. We will not use the parks outlets for any purpose. We will pay a $500 per day fine for any electrical violation. We agree to have no more then 6 10X10 food booths 9. Health Department: Carnival will arrange for all its food vendors to pull health permits with the County of Orange Health. Department for their food booths at least 10 business days prior to setup. Food vendors will only sell during carnival hours. We will provide food vendors with all health department requirements such as sinks, hand washing facilities and sanitizers. City can contact Corwin Brown at Health Department to confirm history with Fiesta de Carnival Promotions. Corwin Brown (714) 667-3600 11. Contact Neighborhood Organizations: We will send a letter to the neighborhood associations surrounding the park informing them about the dates, times and plans for the show. We will invite them to be part of the event and use our show as a venue to promote and raise money for their group. We will submit approval letters from these organizations to the city at least 10 days before the show. 12. Contact Neighborhood Residents: At least 72 hours before the event we will post signs or send letters to the surrounding neighborhood informing them of the event. Signs and flyers will be in English and Spanish. 13. Contact Businesses: We will send a letter to all businesses within a quarter -mile radius informing them about the carnival dates and times and the precautions that a, 10. Business License: Carnival will supply the Santa Ana Business license ` department a list of pre -approved vendors for the show at least one week prior to the event. We will collect all required information and fees from each vendor and turn it in to the business license department at least one week prior to event. We will pay a $500 penalty for each vendor operating without a license. We will also have our staff and security keep away street vendors that are operating at park without a license. These vendors create trash and potential health issues that the carnival and city could be held liable for. 11. Contact Neighborhood Organizations: We will send a letter to the neighborhood associations surrounding the park informing them about the dates, times and plans for the show. We will invite them to be part of the event and use our show as a venue to promote and raise money for their group. We will submit approval letters from these organizations to the city at least 10 days before the show. 12. Contact Neighborhood Residents: At least 72 hours before the event we will post signs or send letters to the surrounding neighborhood informing them of the event. Signs and flyers will be in English and Spanish. 13. Contact Businesses: We will send a letter to all businesses within a quarter -mile radius informing them about the carnival dates and times and the precautions that a, will be taken to keep customers from using their parking area. We will pay a $500 fine for violation of this requirement. 14. Event personnel:We will supply the proper amount of licensed guards from a private bonded security company approved by the Santa Ana. Police Department. The guards will start at least 30 minutes before the show and stay at least 1 hour after the show is over each day. All the officers will carry two-way radios, wear visible uniforms and look professional. All guards will be unarmed. A copy of the contract with the security company will be given to the city of Santa Ana at least 10 days prior to event. If the city decides feels the need to dispatch their own officers it will be at our expense. We' will make sure all guards have approved "Guard Cards" that will be present at the show. 15. License for Security: Our Security company will obtain clearance from the City of Santa Ana Police Department at least two weeks prior to event 16. Police Department: After approval from Police, we will supply them with the names and officers that will be on duty at the show. We will make sure a contact cell number of one of the officers is given to Police in case of emergency. We also agree to hire a minimum of 2 Santa Ana. Police officers to be present at the show. The company we will use is Community Patrol. They have specialized in Orange County latin events for over 20 years. I personally use them for over 20 events per year and they are second to none. Will match up guard cards at event. 17. Additional Personnel: We will pay all additional expenses from Police, Fire and Parks and Rec. Staff if they are required. 18. Inspections: We will make arrangements with Park personnel to schedule a pre - event meeting to discuss setup and walk-throughs to inspect before the event. The meeting will take place the Wednesday before the event. We will bring all required material such as plot plans and parking arrangements to this meeting. A post -event meeting will take place the day after the event at 2:00 p.m at the City, unless otherwise stipulated by the Police Department. We realize that the park Supervisor will be the final authority regarding interpretations of the sites. 19. Field Protection: We will place all carnival equipment at the park in a way that will cause the least amount of damage necessary. We will put cones and paint around the irrigation system. We agree deduct money from our deposit to fix any damages caused from our show. If damages exceed deposit we will pay the balance within 10 days after the show. 20. Carnival Equipment Set Up & Removal: No Equipment will be pulled into the park until we have finished our pre -event inspection meeting or after 9:00 a.m on the Tuesday prior to the show. All equipment will be -moved no later than 2:00 p.m. on Tuesday after the show. We will pay a $1,000 fee for each day we are late. 2 1 21. Carnival Hours: The carnival will start no earlier than 12:00 noon each day and stay open no later than 1:00 p.m. on Friday and Saturday and no later than 10:00 . p.m. on Sunday. Ticket sales will stop at least 30 minutes before closing. 1 1 22. Portable Restrooms: We will provide a minimum of 7 portable toilets, with one being handicapped accessible. The toilets will be placed immediately the first day of setup so staff won't need use of Park facilities. Toilets will be removed immediately the day after the show. The toilets will be serviced at least once per day and even twice when needed. Two of the toilets will be delivered early to 1 accommodate carnival workers. 23. Alcohol/Cigarette Requirements: There will be no sale of beer or cigarettes at any of our show. We also will not allow any advertisement of this nature. i 24. Nature of Carnival games/Activity: None of our games or activities will simulate the shooting of guns or weapons, with the exception of water guns. We will also not allow any games of gambling or games of chance at the show. We encourage an inspection of our games and activities to make sure they are fair for the customers. 25. Size of Rides: We will bring the specified sized rides noted in the addendum for the particular park we are playing. We will always have a good mix of small, medium and large rides to accommodate all in attendance. 26. Event Staffing: There will be no overnight parking or camping by carnival staff at any of the shows. All privately owned vehicles and trailers will be parked outside the park before, during and after the show. We will have one security / trailer on site for security purposes only 27. Deliveries of Supplies: The carnival will make sure all vendor and operators at / the show are well stocked with inventory to prevent them from driving on and off the lot. Any vendor needing to restock will be told to walk the supplies to their 1 booth by foot. There will be a designated vendor loading and unloading area established in the parking lot outside the show. 28. Personnel for Barricades: We will supply personnel to assist in the placing of barricades and equipment, under the supervision of the Police Department before and after the show. Failure to provide assistance could result in a surcharge for outside contractor if hired by city. 1 29. Rental of Traffic Equipment: We will pay for all needed traffic control 1 equipment that is required by Police Department. r r 1 30. Personnel Parking: All vendors will park in the approved area described on the plot plan. Carnival personnel parking outside designated areas will be subject to citations. 31. Event Parking and Signage: We will post signs in English and Spanish stating "No Parking" at the entrances to the local neighborhoods and businesses during the carnival. We will pay $500 fee for violating of this. 32. Personnel at entrances to neighborhoods: We will provide soft security to work at designated neighborhood entrances at close proximity to the park. A minimum of 2 officers with directional signs will be stationed at entrances to the housing tract to deter event customers from parking in residential areas. 33. Police Department: We will hire whatever amount of Santa Ana Police Officers necessary and predetermined by the Police Department for any of our events. We will pay for all regular and overtime costs that are involved. In the event of cancellation or rainouts we will still pay for 4 hours of overtime costs. 34. Lighting: City will help with ball field lighting when applicable, other then that we are responsible for lighting entire carnival area. 35. Neighborhood Booths: Carnival agrees to provide free booths for neighborhood associations when requested that will not count as one of the 20 regular booths 36. Animals: No petting zoos, pony rides or any other animals are allowed at the carnival V. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m. THURSDAY, JANUARYS, 2009. The undersigned Vendor agrees to provide carnival services at City -owned parks in accordance with the specifications. Me 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 agreement in the event that terms under which carnival vendor is contracted are violated. /7c; 4"� - "4.i/4 j Name of Vendor Signature of Authorized Rep. (Person, Firm, Corp.) Address IY/a�-r.�,s Address -'r4 2 - 299- ?>-?:Z Telephone Number C-4-//- 3),0 -J-66' - -2/z z Tal /7 /1-15 ---7 4) 1 Cl Name and Title (Please Print) Date ,a2-79!�-/y9,� Fax Number 4