HomeMy WebLinkAbout20A - AA - AGMT CARNIVALS AT CITY PARKSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
(APRIL 15, 2014
TITLE:
AGREEMENT AMENDMENTS FOR
ROBERT ACOSTA & ASSOCIATES AND
FIESTA DE CARNIVAL TO PROMOTE
CARNIVALS AT CITY OWNED PARKS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 sl Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
WITIM90
Authorize the City Manager and Clerk of the Council to execute an agreement amendment
with Robert Acosta & Associates to remove the Delhi Park and Rosita Park Carnivals for
$4,500 each, subject to non - substantive changes approved by the City Manager and City
Attorney.
Authorize the City Manager and Clerk of the Council to execute an agreement amendment
with Fiesta de Carnival to include the Rosita Park Carnival for $4,500, subject to non -
substantive changes approved by the City Manager and City Attorney.
Approve an appropriation adjustment reducing the projected carnival revenue in the amount
of $4,500 in the Recreation Special Fees and Donations revenue account (no. 02213002
57010) and reducing the appropriation to the Recreation Special Fees and Donations
expenditure account (no. 02213200 62300) by the same amount.
DISCUSSION
Annually, the Parks, Recreation and Community Services Agency (PRCSA) provides safe, clean,
low cost carnival events for the community. On January 21, 2014 the City Council approved
agreements with Robert Acosta & Associates and Fiesta de Carnival to promote various park
carnivals. City staff has been in discussions with Robert Acosta and Associates. The promoter is
unable to undertake the carnivals scheduled for April 25 -27 at Delhi Park and June 6 -8 at Rosita
Park. An agreement amendment is being requested to remove the Delhi Park and Rosita Park
carnivals from the agreement, Fiesta de Carnival indicated to the City that they would be able to
promote a carnival at Rosita Park on May 9 -11. Therefore City Staff is requesting an agreement
amendment to allow Fiesta de Carnival to promote the carnival as indicated. No substitute has
been identified for the Delhi Park Carnival.
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Carnival Agreement Amendments and Appropriation Adjustment
April 15, 2014
Page 2
FISCAL IMPACT
The appropriation adjustment will reduce the projected carnival revenue in the amount of $4,500 in
the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and reduce
the appropriation of an equal amount to the Recreation Special Fees and Donations expenditure
account (no. 02213200 62300).
A� -4 - #': �
Gerardo Mouet,
Executive Director
Parks, Recreation and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gu tier e , a ,� -- - --
��3
Executive Director
Finance and Management Services Agency
20A -2
AMENDMENT TO NON- EXCLUSIVE AGREEMENT TO
PROVIDE CARNIVALS AT CITY PARKS
THIS AMENDMENT, made and entered into this 15`x' day of April, 2014 by Robert Acosta &
Associates (hereinafter "Promoter "), 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
A. On January 21, 2014, the City Council approved the Agreement for Promoter to promote
various park carnivals hereinafter referred to as "said Agreement ".
B. The parties desire to amend said Agreement to remove two (2) carnival events from
Promoter's events to promote.
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. Section 3 of said Agreement shall be amended to remove the promotion of the carnivals at
Delhi Park (April 25 -27, 2014) and Rosita Park (May 9 -May 11, 2014). Promoter will only promote the
carnival at Cesar Chavez /Campesino Park (October 10 -12, 2014)
2. The total amount of fees Promoter shall pay to City shall accordingly be decreased to Four
Thousand Five Hundred Dollars ($4;500.00).
3. All other terms and conditions included in said Agreement shall remain unchanged and have
the same force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIAR. CARVALHO
City (Attorney
By:
Lisa Storck
Assistant City Attorney
DAVID CAVAZOS
City Manager
PROMOTER:
Robert Acosta & Associates
Robert Acosta
Owner
20A -3
20A -4
AMENDMENT TO NON - EXCLUSIVE AGREEMENT TO
PROVIDE CARNIVALS AT CITY PARKS
THIS AMENDMENT, made and entered into this 15'x' day of April, 2014 by Fiesta De Carnival
(hereinafter "Promoter "), 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
A. On January 21, 2014, the City Council approved the Agreement for Promoter to promote
various park carnivals (Agreement A -2014 -021) hereinafter referred to as "said Agreement ".
B. The parties desire to amend said Agreement to add an additional carnival event for
Promoter to promote.
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. Section 3 of said Agreement shall be amended to add the carnival at Rosita Park to be held on
May 9 -May 11, 2014. Promoter agrees to pay the City and City agrees to accept from Promoter an
additional $4,500 for said promoting this carnival, The total amount of fees Promoter shall pay to City
shall accordingly be increased to Twenty Seven Thousand Dollars ($27,000.00).
2. Exhibit A, attached hereto and incorporated herein reflects all of the carnival events and fees
undertaken by Promoter.
3. All other teens and conditions included in said Agreement shall remain unchanged and have
the same force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: c" Ltr
Lisa Storck
Assistant City Attorney
DAVID CAVAZOS
City Manager
PROMOTER:
FIESTA DE CARNIVAL
Ted Holcomb
Owner
20A -5
EXHIBIT A
Fiesta de Carnival
2014 Carnival Dates
20A -6
Park
Date
Promoter
Revenue
1
Cesar Chavez /Campesino
April 4-6
Fiesta De Carnival
4,500
2
Rosita
May 9 -11
Fiesta De Carnival
4,500
3
Madison
May 23 -26
Fiesta De Carnival
8,750
4
El Salvador
June 13 -15
Fiesta De Carnival
2,250
5
Madison
August 29 -31 & Sept. 1st
Fiesta De Carnival
7,000
27,000
20A -6