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HomeMy WebLinkAbout25A - AGMT - CINCO DE MAYO AND FIESTAS PATRIASREQUEST FOR COUNCIL ACTION [a fI rz.Ti19�f�il_�Pil ��1�[rl •Lys MARCH 4, 2014 TITLE: AGREEMENT WITH CHRISTIANSEN AMUSEMENT, INC. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Christiansen Amusement, Inc., subject to non - substantive changes approved by the City Manager and City Attorney. 2. Revenues in the amount of $84,000 will be deposited into the Parks, Recreation and Community Services Agency revenue account (no. 01113002 53331) for the 2014 Cinco de Mayo and Fiestas Patrias carnivals. DISCUSSION The Cinco de Mayo and September Fiesta events have been positive events for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents but also visitors from all over Orange County. The purpose of these events is to celebrate Cinco De Mayo & Fiestas Patrias through a safe family friendly event to include: live entertainment, food booths, informational /resource booths, merchandise /service booths, cultural exhibits and carnival rides /games over these three -day weekends. The 15th Annual Cinco De Mayo Festival will take place on May 2 — May 4, 2014 and the 36th Annual Fiestas Patrias will take place on September 12 — September 14, 2014. The City of Santa Ana is contracting Christiansen Amusement to provide a three -day carnival at both the Cinco de Mayo and Fiestas Patrias downtown event. This is a continuation of a long history of these two events that provide great family entertainment in the downtown area. Christiansen Amusement will be responsible for providing all the equipment, cleanup, notification, security, electricity, carnival rides and games, vendor booths, and insurance for the event. In consideration for providing these exclusive rights to Christiansen Amusement, Inc., the City will receive $42,000 for each of the two events (Cinco and Fiestas). Christiansen Amusement, Inc. will be obligated to obtain all necessary licenses, permits, approvals, and waivers. 25A -1 Agreement with Christiansen Amusement, Inc. March 4, 2014 Page 2 FISCAL IMPACT Revenues in the amount of $84,000 will be deposited into the Parks, Recreation and Community Services Agency revenue account (no. 01113002 53331) for the 2014 Cinco de Mayo and Fiestas Patrias carnivals. Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agenc 25A -2 AGREEMENT WITH CHRISTIANSEN AMUSEMENTS, INC. FOR EVENT PRODUCTION THIS AGREEMENT, made and entered into this _ day of February, 2014 by and between Christiansen Amusements, hie., a California corporation (hereinafter "Promoter "), and the City of Santa Ana, a charter city and municipal corporation organized and existing trader the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City will be hosting two annual events, Cinco de Mayo and Fiestas Patrias, for the enjoyment of its community and residents, B. Promoter represents that Promoter is able and willing to provide event production services to the City for these two events. C, In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards astray 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. SCOPE OF SERVICES Promoter shall provide event production for the Cinco de Mayo festival on May 2- May 4, 2014, and the Fiestas Patrias event on September 12 -14, 2014, ( "Events ") complete with the rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in detail in Exhibit A, attached hereto and incorporated herein. Hours for the Events shall be: Friday 5 PM -11PM, Saturday 12 PM - 12 AM, and Sunday 12 PM -10 PM. All mechanical carnival rides must be State Division of Occupational Safety and Health (ROSH) Certified. 2. FEES /DEPOSITS/PERMITS/i,ICE.NSES Promoter agrees to pay the City and City agrees to accept train Promoter a guaranteed fee of Forty Two Thousand Dollars ($42,000.00) per event for providing Promoter with the right to produce the Events as set forth in Exhibit A. Fifteen (15) days prior to each event, Promoter shall pay City Twenty One Thousand Dollars ($21,000,00), and Promoter shall pay City another Twenty One Thousand Dollars ($21,000.00) on the day of the start of each event. 'Total payment to the City from Promoter shall be Eighty Four Thousand Dollars ($$4,000.00). 3. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter 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 Promoter of all the teens, covenants, and conditions of this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein, Assuming successful completion of all terms and conditions of this Agreement, including those within Exhibit A, the security deposit, or any remaining portion thereof, shall be returned within 60 clays of the final Event. 25A -3 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2014, unless terminated earlier in accordance with this Agreement, 5. NON - POSSESSORY INTEREST City retains full possession of its property and Promoter 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. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 6. NON - RECORDING Neither party shall record this Agreement. 7. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for each Event. Promoter'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 Events. B. All Promoter's records of revenues and repairs pertaining to the Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request. 81 INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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. 9, INSURANCE Prior to undertaking performance of any work relative to the Events under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors shall maintain commercial general liability insurance which 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 the operations or performance of this Agreement by Promoter, its operators or subcontractors, 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, Such insurance shall (a) name the City, its 25A -4 officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Promoter shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter 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 Cfty; 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 Promoter it shall include the name of the carnival promoter as additionally insured. B. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 1.0, INDEMNIFICATION Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section land 25A -5 Exhibit A of this Agmemont; 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 Promoter further agrees to defend, 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 tivs 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. Promoter 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 Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 11. HAZARDOUS MATERIALS Promoter represents and warrants that its Event production will not generate any hazardous substance, and Promoter will not store or dispose, nor transport any hazardous substance. Promoter further agrees to clean -up and remediate any hazardous substance from the Event production, and hold City harmless frorn 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 erviroinient will or may reasonably be anticipated to cause siclmess, death or disease. 12. NUISANCE Promoter 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 Promoter shall not rise or permit any unlawful purpose in the Event production, 13. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Event production 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. 14. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 25A -6 15. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION hi the event of any damage, destruction or condemnation of the property on which the Events shall be held ( "Property "), which renders the Property unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subj ect Event 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 Property is no longer adequate for Promoter to continue its operations, or any repairs to the Property to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty five (4.5) days from the date of the upcoming scheduled Event, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is earlier. If any Property described herein or hereinafter added hereto is taken in enunent domain, the entire monetary award shall be paid to City. 16. TERMINATION This Agreement may be ternunated 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. 17. DEFAULT BY PROMOTER Should Promoter 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, terminate this Agreement and contract with another entity for production of the remaining Events. 18. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the malting of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement. 19. 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. 20. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement. shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 25A -7 21. CONFLICT OF INTEREST CLAUSE Promoter 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. 22, 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 Fax 714 -647 -6956 Courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 To Promoter: Christiansen Amusements 1725 S. Escondido Blvd., Ste, E Escondido, CA 92025 Phone(760)735 -8542 Fax (760)735 -8543 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. 23. 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. 6 25A -8 24. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the Department of hrdustrial Relations of the State of California. In addition, Promoter shall, at Promoter'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 Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now hr force or hereinafter enacted, The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. 25. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter, and supersedes any slid 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 Exhibit A, 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 Promoter, Each party to this Agreement aclmowledges tlrlt 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. 26. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and an y 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 auy of the services which are the subject to this Agreement performed by City personnel or by other operators retained by City. 27. NON - DISCRIMINATION Promoter 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. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. 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 cormeetion with or by reason of this Agreement. 25A -9 29. 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. 30. PROFESSIONAL LICENSES Promoter 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. Promoter shall notify the City immediately acid 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. 31. 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. 32. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive. 33. 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 Exhibit s referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25A -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAIi Clerk of Council APPROVED AS TO FORM: CITY OF SANTA ANA DAVID CAVAZOS City Manager CHRISTIANSEN AMUSEMENTS By: Title: Tax ID <## 9 25A -11 EXHIBIT A SCOPE OF WORK PROMOTER shall be responsible for the following: 1. PERMITS. PROMOTER shall secure all required permits for the carnival area no later than 30 days prior to each event unless otherwise indicated, including but not limited to: a. Electrical permits for booths and rides. b. Tents and canopies larger than 10 feet by 10 feet as required by the City's Planning and Building Department, c. Health Department permits, d. Orange County Fire Authority Permits including Fire Department approval for booths and rides that may block an entire street thereby eliminating the 20 foot clearance requirement shall be secured two weeks prior to each Event. II. CLEAN UP. PROMOTER will maintain continuous litter control during the entirety of each Event: a. Provide a professional cleaning crew to ensure that trash does not accumulate on streets and sidewalks at any time during Events. b. Impose adequate mitigation measures to ensure removal and disposal of grease from food and /or cooking booths if utilized, including but not limited to the use of grease barrels. c. Provide and pay for contractor approved, by City to steam clean sidewalks in front of Lofts on Third Street and provide Loft owners 24 hour notice prior to such sidewalk steam cleaning. III. EQUIPMENT. PROMOTER shall provide kill necessary equipment, resources and manpower to develop and produce the carnival. a. Equipment shall include lighting for all vendor booths which is to be maintained and fully illuminated until all attendees have vacated the festival and carnival grounds each day. b. All equipment, including Po'rta Potties shall be positioned and serviced so as to prevent noise and odor disturbances to Loft residents and downtown merchants. e. PROMOTER shall inspect all equipment prior to its use to ensure safety and repair on site as needed. IV. LOFTS. PROMOTER shall exercise caution and special mcasures to ensure minimal disruption to owners and tenants of the live -work lofts located on blocks bounded by Main Street, 3'd Street, Spurgeon Street and 1 e0 Street (the "Lofts ") , including: a. Blocking off the sidewalks on 3`d Street in front of Lofts with chain link fencing with screening to create a private walkway for loft residents, b, Assume responsibility for any damage done to the Lofts during the course of the Event, including assembly and disassembly. PROMOTER shall photograph the Lofts prior to each Event in order to document their condition prior to each Event and to identify whether or not damage occurred during each Event. c. Compensate Loft owners with pets who choose to board their pets from Thursday through Monday. 10 25A -12 d. Compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximum of $100 /per day. c. PROMOTER shall schedule equipment set tip and tear down, trash removal, and carry out other logistical activities in such a manner that will minimize late night noise and other disturbances and disruption to Loft residents. V. QUIET HOURS. Specific to 3r3 Street: There shall be designated quiet times with no construction set up or tear down as follows: Thursday and Friday from 10:00 p.m. through 7:00 a.m., Saturday from 12:00 a.m. through 7:00 a.m., and Sunday from 11:00 p.m. through 7:00 a.m. PROMOTER shall ensure that quiet hours are strictly adhered to by all carnival employees and sub - contractors. VI. EVENT SET UP. Each Event shall include a carnival as follows: a. PROMOTER must secure land use permit for carnival no later than two weeks prior to each event if the carnival will utilize private property for any reason. b. Carnival rides and booths may be set up on Third Street from Sycamore to French, on Bush from Fourth to Third, on the Third and Bush surface parking lot, and on Main Street from Fourth to just north of Second Street or an alternate location approved by SAPD. Clear access must be maintained on Main Street between the properties located at 308 and 309 S. Main Street to ensure safe and clear street crossing between those properties. Final location for carnival rides and booths to be mutually agreed between City and PROMOTER. c. PROMOTER shall be responsible for securing temporary storage locations for all carnival equipment needs and must secure approval from City of any outdoor off -site accommodations within City limits no later than two weeks prior to each Event. d. PROMOTER may not store equipment on City owned property or City right of way prior to the set up time, without prior city approval. Such approval must be requested no later than two weeks prior to each Event if needed. e. PROMOTER staff will not be allowed to sleep inside the Event boundaries. f. PROMOTER must supply restroom facilities for its staff during set up. g, Tall rides, exceeding 20 feet, may not be placed adjacent to residential units. h. PROMOTER may begin set up of rides at 9:00 a.m. Thursday prior to each Event on all streets, except Main Street, VII. SECURITY, a. In order to operate the carnival on Friday the PROMOTER shall provide chain link fencing to secure the entrance to the carnival at Bush and Fourth (curb to curb) and at the entrance to the East End Promenade at Spurgeon. The fencing is to be in place by 7 p.m. Friday evening and may be removed when the carnival closes that night. b. PROMOTER shall provide one(1) State licensed uniformed security officer at each of the following locations commencing at 6 p.m. and continuing at least until 12 :30 a.m. on Friday night: Bush and Fourth; Fourth and the north entrance to the East End Promenade; French and Third; Third and Bush; and Main and Third. The officers will follow the direction of the Police Officers assigned to the event. 11. 25A -13 c. PROMOTER shall provide two (2) state licensed uniformed guards in the carnival area overnight each day of the festival, Additional provisions for State licensed uniformed guards hired by PROMOTER: i. A minimum of 50% of the Security staff must be bilingual, English/Spanish speaking. ii. Security personnel must wear uniforms distinct from local law enforcement agency, iii. PROMOTER /Security Company shall ensure that all security guards are equipped with radios for internal communications and that the Security Supervisors are equipped with one radio each for communications with SAPD and City staff, iv. PROMOTER /Security Company shall ensure that there is one Security Supervisor on site at all times during each Event. V. The security staff shall take final direction and instruction from the City Police Department supervisor in charge of the event and will meet with the SAPD supervisor in charge and other staff as needed at the beginning of each Event. vi. Security guards shall not carry weapons, batons, or tear gas. vii. Security guards shall report only to the Santa Ana Police Department Sgt, in charge of the event or the Recreation and Parks Department Supervisor. viii. Security staff shall contact Santa Ana Police for any criminal activity but may intervene for non - criminal activity such as illegal vendors, rule violations, crowd control, etc. ix, Security personnel shall assist with the following: 1. Ensuring that no vehicles park on streets within the carnival boundaries each day. 2. Preventing vehicles from stopping to drop off equipment. 3, Monitoring specific problem areas identified by Santa Ana Police Department. 4. Monitoring Lofts to ensure that no illegal activity is taking place. 5. Watching for gang members and ether criminal activity. G, Assisting Police Department with closing down the carnival nightly, 12 25A -14 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 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 the endorsement form as part of Policy # Issued to Name Insured Countersigned by 13 25A -15 25A -16