HomeMy WebLinkAbout20A - AA - CARNIVALS AT CITY PARKSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 3, 2015
TITLE:
AGREEMENT WITH FIESTA DE CARNIVAL
AND APPROPRIATION ADJUSMENT FOR
CARNIVALS AT CITY OWNED PARKS
{STRATEGIC PLAN NO. 5, 4B}
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
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❑ As Recommended
❑ As Amended
❑ Ordinance on 1" 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 Fiesta
de Carnival in the amount of $46,750 for a one -year term with two one -year renewal
options, subject to non - substantive changes approved by the City Manager and City
Attorney.
2. Approve an appropriation adjustment recognizing carnival revenue in the amount of
$46,750 in the Recreation Special Fees and Donations revenue account (no. 02213002
57010) and appropriate funds to the Recreation Special Fees and Donations expenditure
account (no. 02213200 62300).
DISCUSSION
On December 2, 2014 a Request for Proposals was issued and mailed to 24 carnival operators
for providing nine carnivals on city -owned parks. Fiesta de Carnival and "O" Entertainment
submitted proposals for review.
A five member evaluation committee consisting of representatives from the Police Department
and the Parks, Recreation and Community Services Agency reviewed both proposals.
O'Entertainment submitted a proposal for Jerome Park while Fiesta de Carnival submitted a
proposal for all parks, except Delhi. Additionally, Fiesta de Carnival's proposal included a clause
that their proposal of operating all carnivals, except Delhi Park, is contingent on being awarded
the carnivals at Jerome Park and Madison Park. Considering that both vendors are equally
capable and have successfully operated previous carnivals, but that Fiesta de Carnival submitted
a proposal for the majority of the parks, the evaluation committee selected Fiesta de Carnival.
20A -1
Agreement with Fiesta de Carnival and Appropriation Adjustment
February 3, 2015
Page 2
Traditionally, carnivals conducted at Jerome Park and Madison Park draw larger crowds and are
more profitable. Conversely, carnivals conducted at Cesar Chavez/Campesino, Rosita and El
Salvador Park draw smaller crowds and generate less revenue. Therefore, the license fee for the
large carnivals conducted at Jerome, and Madison parks is higher than the license fee required
for carnivals conducted at Cesar Chavez/Campesino, Rosita, Delhi and El Salvador. The total
projected annual revenue for this agreement is $46,750 per year and will be used to fund
deferred maintenance needs at city parks.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement
& Sustainability, Objective #4, Support neighborhood vitality and livability, Strategy b, Improve
neighborhood quality by locating or providing access to complementary services and public
facilities, including access to healthy food options (community gardens, farmers' markets, corner
markets, etc.) in neighborhoods.
FISCAL IMPACT
The appropriation adjustment will recognize projected carnival revenue in the amount of $46,750
in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and
appropriate funds to the Recreation Special Fees and Donations expenditure account (no.
02213200 62300).
Gerardo Mouet,
Executive Director
Parks, Recreation and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
4- s�� Lx! ��)�.
Francisco Gutierrez,i
Executive Director
Finance and Management Services Agency
20A -2
. Park Site / Dates
Promoter
License Fee
1
Jerome Park, Fri -Sun March 13 -15
Fiesta de Carnival
8,250
2
Cesar Chavez/Campesino, Fri -Sun, April 3 -5
Fiesta De Carnival
4,500
3
Madison, Fri -Mon, May 22 -25
Fiesta De Carnival
8,750
4
Rosita Park, Fri -Sun, June 8 -10
Fiesta De Carnival
4,500
5
El Salvador, Fri -Mon, June 12 -14
Fiesta De Carnival
2,250
6
Jerome Park, Fri -Sun, August 7 -9
Fiesta De Carnival
7,000
7
Madison Park, Fri -Mon, August 28 -31
Fiesta De Carnival
7,000
8
Cesar Chavez/Campesino, Fri -Sun, October 16 -18
Fiesta De Carnival
4,500
9
Delhi, Fri -Sun, April 24 -26
No bids submitted
0
Total
$46,750
Traditionally, carnivals conducted at Jerome Park and Madison Park draw larger crowds and are
more profitable. Conversely, carnivals conducted at Cesar Chavez/Campesino, Rosita and El
Salvador Park draw smaller crowds and generate less revenue. Therefore, the license fee for the
large carnivals conducted at Jerome, and Madison parks is higher than the license fee required
for carnivals conducted at Cesar Chavez/Campesino, Rosita, Delhi and El Salvador. The total
projected annual revenue for this agreement is $46,750 per year and will be used to fund
deferred maintenance needs at city parks.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement
& Sustainability, Objective #4, Support neighborhood vitality and livability, Strategy b, Improve
neighborhood quality by locating or providing access to complementary services and public
facilities, including access to healthy food options (community gardens, farmers' markets, corner
markets, etc.) in neighborhoods.
FISCAL IMPACT
The appropriation adjustment will recognize projected carnival revenue in the amount of $46,750
in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and
appropriate funds to the Recreation Special Fees and Donations expenditure account (no.
02213200 62300).
Gerardo Mouet,
Executive Director
Parks, Recreation and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
4- s�� Lx! ��)�.
Francisco Gutierrez,i
Executive Director
Finance and Management Services Agency
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NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS
THIS AGREEMENT, made and entered into this P day of February, 2015, by and between
Fiesta De Carnival, a California corporation (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
On December 3, 2014, the City issued Request for Proposals No. 14 -077 PRCSA seeking carnival Promoters
to provide carnivals at specified City owned parks.
Promoter submitted a proposal to provide carnival services.
Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in
the Request for Proposals No. 14 -077 PRCSA and any addendums thereto.
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 as may reasonably be expected from a professional carnival Promoter in the field.
NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. PREMISES AND USE
(A) The City of Santa Ana owns the following community parks ( "Parks ") within its boundaries:
Jerome Park, 726 S. Center Street; Santa Ana; Cesar Chavez / Campesino Park, 3311 W. Fifth Street,
Santa Ana; Madison Park, 1528 S. Standard Avenue, Santa Ana; Rosita Park, 706 N. Newhope Street,
Santa Ana; and, El Salvador Park, 1825 W. Civic Center Drive, Santa Ana. City hereby grants to the
Promoter 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. Promoter
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 Promoter 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. Promoter 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) Promoter 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 Promoter's use and occupancy of the Carnival
Area within the Parks shall be limited solely to the permission for such use and occupancy granted herein.
(D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the
terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 14 -077 PRCSA,
issue date December 3, 2014 (hereinafter "R-FP") attached hereto as Exhibit "B" and incorporated herein
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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 Promoter alternative dates for the conducting of the Carnival Events within the term
of this Agreement. I£ Promoter desires to obtain alternative dates as provided in this paragraph, Promoter
must timely request the same from City.
2. SCOPE OF SERVICES
Promoter 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. Promoter, if it
contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply
with all the terms and conditions of this Agreement regarding the provision of carnival services, including
insurance requirements. Not later than sixty (60) days prior to the staging of any carnival event, Promoter
shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services,
of any such Operator. Promoter shall not utilize a different operator without first obtaining the written
permission of the Executive Director.
3. FEES/DEPOSITS/PERMITS/LICENSES
At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter
shall pay to City the applicable fee for use of the Carnival Area as further set forth below.
Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per
Carnival Event:
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Park Site and 2015 Dates
Venue /License Fee
Maximum Size/Scale of Event
1
Jerome Park
Large /$8,250
Up to 16 carnival rides, 12 game booths, 20 food
March 13 -15
or information booths *. No live entertainment.
Fri -Sun
2
Cesar Chavez /Campesino
Small /$4,500
Up to 14 carnival rides, 12 game booths, 20 food
April 3 -5
or information booths *. No live entertainment.
Fri -Sun
3
Madison Park
Large /$8,750
Up to 12 carnival rides, 12 game booths, 20 food
May 22 -25
Memorial Day
or information booths *. No live entertainment.
Fri -Mon
Weekend
4
Rosita Park
Large /$4,500
Up to 16 carnival rides, 12 game booths, 20 food
June 5 -7
or information booths *. No live entertainment.
Fri -Sun
5
El Salvador Park
Small /$2,250
Up to 15 carnival rides, 12 game booths, 20 food
June 12 -14
or information booths *. No live entertainment.
Fri -Sun
6
Jerome Park
Large /$7,000
Up to 16 carnival rides, 12 game booths, 20 food
August 14 -16
or information booths *. No live entertainment.
Fri -Sun
7
Madison Park
Large /$7,000
Up to 12 carnival rides, 12 game booths, 20 food
September 4 -7
Labor Day
or information booths *. No live entertainment.
Fri -Mon
Weekend
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8
Cesar Chavez/Campesino
Small /$4,500
Up to 14 carnival rides, 12 game booths, 20 food
October 16 -18
or information booths *. No live entertainment.
Fri -Sun
Total = $46,750
*One booth is equal to one 10x10 canopy area. A maximum of ten 10x10 cooking booths will be
allowed (or five 10x20). The remainder can be non - profit, commercial or sponsorship booths.
Please include in your plot plan what goods and services each of these booths will offer and the
dimension of each booth. The City must approve all goods and services sold at commercial
booths. Massage booths are not allowed.
In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits
including the fees for police services and Park clean up, and obtain all required permits and licenses as
detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the
RFP. Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and
fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per
day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to
other monetary penalties for failure to perform as set forth throughout the RFP.
4. SECURITY DEPOSIT
Contemporaneously with the execution of this Agreement, 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 terms, 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 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 twelve (12) months
later, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be
extended for two (2) additional one (1) year terms 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 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.
NON
Neither party shall record this Agreement.
20A -5
8. RECORD KEEPING AND AUDIT
A. Promoter shall establish and maintain separate accounting records for each Carnival
Event at the specified Parks. 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 Park Carnival Events.
B. All Promoter'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 the City upon request.
9. 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
subj ect 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.
10. INSURANCE
Prior to undertaking performance of any work relative to a Carnival Event 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
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.
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.
20X -6
D. If Promoter is or employs a licensed professional such as an architect or engineer:
Professional Liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000.00 per claim.
E. The following requirements apply to the insurance to be provided by 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 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 Promoter it shall
include the name of the carnival promoter as additionally insured.
F. 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.
11. 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 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 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 this Agreement, or asserting that personal injury,
dannages, 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.
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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.
12. TRASH/UTILITIES /CLEANUP
Promoter is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit
B), including providing the required 40 yard roll -off dumpsters. Promoter 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, Promoter 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
Promoter represents and warrants that its use of the Carnival Area herein will not generate any
hazardous substance, and Promoter 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. Promoter 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
Promoter shall not commit or permit the commission by others of any waste on the Park or
Carnival Areas. 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 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 Promoter. 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
Promoter 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 Promoter, or any person claiming under
Promoter.
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 Promoter's judgment, Promoter 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 Promoter 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
Promoter.
In the event of condemnation, unless Promoter 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 Promoter 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 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
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 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 making of a general assignment for the benefit of
20A -9
creditors by Promoter, 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 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.
24. 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.
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
Fax 714 - 647 -6956
With courtesy copies to:
and
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -6515
To Promoter: Fiesta de Carnival
11278 Los Alamitos Blvd. #101
Los Alamitos, CA 90720
Telephone (562) 799 -7737
Fax 562- 799 -1443
20A -10
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
Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the
Department of Industrial 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 in 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.
28. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Promoter,
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 Promoter. 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 Promoter, Promoter
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 Promoters retained by City.
30. 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
20A -11
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.
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
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 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 more 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.
20A -12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SOMA orn7VtLHO
City orn
Ryan
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation & Community Services Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
PROMOTER:
Fiesta de Carnival
201 -13
EXHIBIT A
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20A -14
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REQUEST FOR PROPOSALS NO. 14 -077 PRCSA
13
20A -20
REQUEST FOR PROPOSALS
RFP 14 -077 PRCSA
FOR PROVDING CARNIVALS AT CITY OWNED PARKS
KEY RFP DATES:
Issue Date: December 3, 2014
Pre - proposal Conference: December 17, 2014
Proposal Due Date: January 5, 2015
Pro,iect Coordinator:
Silvia Cuevas
Management Analyst
20A -21
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide
carnivals at specified city parks. Responses to the Request for Proposals (RFP) will be accepted
until January 5, 2015 at 5:00 p.m. If further information is required, contact Silvia Cuevas at (714)
647 -5254 or scuevas @ santa - ana.org.
All notifications, updates and addenda will be posted on the City's current RFP Bid page at santa-
ana.org/bids -rfps. Proposers shall be responsible for monitoring the site to obtain information
regarding this solicitation. Failure to respond to required updates may result in a determination of a
nonresponsive proposal.
MAILED, DELIVERED BY HAND, or COi IRIERED proposals will be accepted as follows:
City of Santa Ana
Silvia Cuevas, Management Analyst
Parks, Recreation and Community Services Agency -M23
20 Civic Center Plaza, Second Floor, Rm #273
Santa Ana, CA 92701
It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time
to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding
this Request for Proposals shall be made in writing via e -mail to Silvia Cuevas at scuevas @santa -
ana.org.
The receiving time in the Parks, Recreation and Community Services Agency -M23, 20 Civic
Center Plaza, Second Floor, Rm #273, Santa Ana, CA 92701, will be the governing time for
acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer
unopened. Telegraphic, electronic, and facsimile proposals will NOT be accepted.
ONLY SEALED RFP RESPONSES ARE ACCEPTABLE.
DO NOT E -MAIL RFP RESPONSES.
DO NOT FAX RFP RESPONSES.
2
20A -22
L0 GENERAL
1.1 INTRODUCTION
1.2 PERIOD OF CONTRACT
Unless earlier terminated as allowed for in the agreement, contract term shall be for a
period of 12 months with 2 one -year options. The contract term is anticipated to
commence after City Council award of this contract and upon receipt and approval of all
required bonds and insurance documents. The projected contract award date is February
3, 2015 and may be adjusted as necessary.
1.3 RFP PROCESS AND GENERAL TERMS
1.3.1 PROPOSAL SUBMISSIONS - Proposals must be submitted to the Budget and
Accounting Section in a sealed envelope showing on the outside, the name of the
bidder, RFP NO. 14 -077 and the proposal due date and time. All proposals must
be signed by an authorized representative of the vendor.
1.3.2 PROPOSAL WITHDRAWAL- Proposals may be withdrawn by written request
received before the hour set for the opening. After that time, the vendor may not
withdraw proposals for a period of ninety (90) days from the date of the opening.
1.3.3 LATE PROPOSALS -It is the responsibility of the vendor to see that any
proposal submitted shall have sufficient time to be received by the Budget and
Accounting Section prior to the proposal due date and time. Santa Ana Parks,
Recreation and Community Services Agency shall not be responsible for
proposals lost or delayed in the mail. Late proposals will be returned to the
vendor unopened.
1.3.4 REQUIRED DOCUMENTS - Vendor must return the following completed
documents with their proposal:
1.3.4.1 Detailed proposal of services in accordance with the specifications
detailed in Section 4.0. Proposal should take into consideration the
evaluation criteria included in Section 3.0 and should not to exceed 20
pages.
1.3.4.2 Signed proposal form (Section 6.0);
1.3.4.3 A letter or printout of vendor's safety related incidents from insurance
company, current or previous, spanning the past three (3) years;
1.3.4.4 Completed vendor's references sheet (Section 7.0);
1.3.4.5 A resume or summary detailing vendor's qualifications,
accomplishments, and membership in any professional and/or industry
organizations;
1.3.4.6 A representative sample of photos of vendor's past events and /or
vendor's equipment;
1.3.4.7 A list of ride equipment owned, used and /or operated in vendors events,
with description and age of all rides;
1.3.4.8 Completed Proposal Summary and Deviations from Specifications
(Section 8.0)
1.3.4.9 Any other information the vendor may choose to submit.
Attachments A, B, and C are for reference only, but will be required after the contract is awarded to
the successful vendor.
• Vendor must submit one original and eight photocopies of their proposal.
20A -23
1.3.5 ADDENDA -Any subsequent changes in the RFP from the date of preparation to
date of submittal will result in an addendum or amendment by the issuing office.
Notification of such addendum or amendment shall be effected by posting on
City's website, as set forth in the Notice Inviting Proposals.
1.3.6 E -MAIL COMMUNICATION AND INTERPRETATIONS /
CLARIFICATIONS -To facilitate the RFP process, proposers are required to
monitor the City's Bid and RFP page at santa- ana.org/bids -rfps. No oral
interpretations will be made by the City to any proposer as to the meaning of
requirements identified herein, including the Scope of Services and Terms and
Conditions. Every request for such an interpretation must be made in writing via
e -mail to the projects manager no fewer than five (S) city business days prior
to the date and time set for opening of proposals. Significant interpretations or
clarification will be made by an addendum to this RFP, which will be posted to
the website. Addenda may become part of the agreement documents.
1.3.7 CITY BUSINESS LICENSE -The selected proposer and their subcontractors
shall be required to obtain a City of Santa Ana Business license within thirty
(30) days of selection and must provide a copy to the City projects manager or
designee prior to commencing any work in Santa Ana.
1.3.8 RIGHTS RESERVED -The right is reserved by the City of Santa Ana to reject
any or all proposals or to waive any informality or technical defect in a proposal.
1.3.9 AGREEMENT - Successful vendor(s) will be required to enter into an Agreement
with the City of Santa Ana. The City reserves the right to enter into an
agreement with said Agreement with any, all, or none of the vendors for a one -
year period, with the option of extending the Agreement for two additional one -
year terms.
1.3.10 SELL OR ASSIGN -The successful vendor shall not have the right to sell, assign,
or transfer any obligations resulting from this proposal without the specific
written consent of the City.
1.3.11 RECEIVING TIME -The receiving time in the Budget and Accounting Section
will be the governing time for acceptability of proposals. Faxed or electronic
proposals will not be accepted.
1.3.12 COMPLIANCE WITH LAWS -All proposals shall comply with current federal,
state, and other laws relative thereto. Vendor further agrees that the services
proposed comply with all applicable Federal and State Occupational Safety and
Health laws, standards for regulations, and that vendor will indemnify and hold
the City harmless for any failure to so conform.
1.3.13 REFERENCE TO SUCCESSFUL VENDOR -The terms vendor, supplier,
proposer, or contractor may be used interchangeably in these specifications and
shall refer exclusively to the vendor(s) with whom the City enters into contract
as a result of this request for proposal.
1.3.14 INQUIRIES -Refer inquiries in writing via email to Silvia Cuevas at
Scuevas (a)santa- ana.org.
1.3.15 RIGHTS RESERVED -The City reserves the right to contract with any, all, or
none of the carnival vendors who submit proposals.
13.16 E -MAIL COMMUNICATIONS -To facilitate the RFP process, vendors are
required to monitor and respond to e -mail requests on a daily basis.
20A -24
1.3.17 PRE- PROPOSAL CONFERENCE -A pre - proposal conference will be held on
Wednesday, December 17, 2014 at 9:00 a.m. at the City Hall, 20 Civic Center
Plaza, Santa Ana, CA — Meeting Room 2001, second floor. Please RSVP to
Silvia Cuevas, (714) 647 -5254, by Monday, December 15, 2014. Proposers are
strongly encouraged to attend.
1.4 PROTESTS
Bidders may file a "protest" of a RFP with the City's Purchasing Department. In order
for a Bidder's protest to be considered valid, the protest must:
A. Be filed in writing within five (5) business days of either the RFP posted date or
before 5:00 p.m. of the 5th business day following the posting of Bid
Results/Notice of Intent to Award Contract on the City's website;
B. Clearly identify the specific irregularity or accusation;
C. Clearly identify the specific City staff determination or recommendation being
protested;
D. Specify, in detail, the grounds of the protest and the facts supporting the protest;
and
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected
as invalid. If the protest is valid, the City's Purchasing Manager, or other designated
City staff member, shall review the basis of the protest and all relevant information.
The Purchasing Manager will provide a written decision to the protestor within fourteen
(14) calendar days. The protestor may then appeal the decision of the Purchasing
Manager to the Assistant Finance Director within five (5) calendar days of the date of
the written decision from the Purchasing Manager. The Assistant Finance Director will
provide a written decision to the protestor's appeal. The decision from the Assistant
Finance Director is final and no fiu-ther appeals will be considered.
20A -25
2.0 SCOPE
The City of Santa Ana is requesting proposals from carnival promoters to conduct nine (9)
carnivals on City -owned park property during the period of March through October 2015 as
specified in the table below. A map of each park with the general event area highlighted is
attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment
will be identified at the pre -event meeting.
*One booth is equal to one 10x10 canopy area. A maximum of ten 10 x 10 cooking booths will be
allowed (or five 10 x 20). The remainder can be non - profit, commercial or sponsorship booths.
Please include in your plot plan what goods and services each of these booths will offer and the
dimension of each booth. The City must approve all goods and services sold at commercial booths.
Massage booths are not allowed.
rl
20A -26
Park Site and 2015
Venue /License
Maximum Size /Scale of Event
Dates
Fee
Jerome Park
Large /$8,250
Up to 16 carnival rides, 12 game booths, 20 food
March 13 -15
or information booths *. No live entertainment.
Fri -Sun
2
Cesar Chavez/
Small /$4,500
Up to 14 carnival rides, 12 game booths, 20 food
Campesino
or information booths *. No live entertainment.
April 3 -5
Fri -Sun
3
Madison Park
Large /$8,750
Up to 12 carnival rides, 12 game booths, 20 food
May 22 -25
Memorial Day
or information booths *. No live entertainment.
Fri -Mon
Weekend
4
Rosita Park
Large /$4,500
Up to 16 carnival rides, 12 game booths, 20 food
June 5 -7
or information booths *. No live entertainment.
Fri -Sun
5
El Salvador Park
Small /$2,250
Up to 15 carnival rides, 12 game booths, 20 food
June 12 -14
or information booths *. No live entertainment.
Fri -Sun
6
Jerome Park
Large /$7,000
Up to 16 carnival rides, 12 game booths, 20 food
August 14 -16
or information booths *. No live entertainment.
Fri -Sun
7
Madison Park
Large /$7,000
Up to 12 carnival rides, 12 game booths, 20 food
September 4 -7
Labor Day
or information booths *. No live entertainment.
Fri -Mon
Weekend
8
Cesar Chavez/
Small /$4,500
Up to 14 carnival rides, 12 game booths, 20 food
Campesino
or information booths *. No live entertainment.
October 16 -18
Fri -Sun
9
* *Delhi
Small /$4,500
Up to 14 carnival rides, 12 game booths, 20 food
April 24 -26
or information booths *. No live entertainment.
Fri -Sun
* *City reserves the right to pull Delhi should it decide to operate the carnival with City staff.
*One booth is equal to one 10x10 canopy area. A maximum of ten 10 x 10 cooking booths will be
allowed (or five 10 x 20). The remainder can be non - profit, commercial or sponsorship booths.
Please include in your plot plan what goods and services each of these booths will offer and the
dimension of each booth. The City must approve all goods and services sold at commercial booths.
Massage booths are not allowed.
rl
20A -26
3,0 EVALUATION OF PROPOSAL
Vendors will be evaluated based on the following evaluation criteria and their ability to conduct
successful carnival events. A committee of City staff representing various departments will evaluate
all proposals based on the following criteria and provide a recommendation to the agency.
Equipment, Capability, and Functionality of Vendor 20%
1. Equipment and related safety specifications of equipment to be used.
2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to
event participants or the general public.
3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications.
Level of Service and Support 20%
1. Responsiveness and thoroughness of proposal.
2. Ability to accommodate proposed carnival dates and locations.
Experience of Firm and Personnel 20%
1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications
of those individuals.
2. Experience and technical expertise of personnel, including operators, with implementing
carnivals and special events in other cities.
Past Performances 40%
1. Past record of performance on contracts with other cities, governmental agencies or public
bodies, including such factors as reliability, park damage prevention and compliance with
contract terms and conditions.
2. The vendor's capacity to perform the work within time specifications.
3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's
record of carnival related incidents from vendor's insurance company.
FOLLOW -UP OF EVALUATION PROCESS BY VENDOR
Vendors may follow up on the evaluation of the proposals by contacting Silvia Cuevas, via email at
Scuevas @santa - ana.org or by phone at (714) 647 -5254.
20A -27
4.0 SPECIFICATIONS
Vendor must submit a detailed proposal of the services offered in response to specifications
below. Proposal must include a detailed response that addresses the specifications and should
not to exceed 20 pages. Vendor must also return all requested documents with their proposal as
specified in Section LAA. of this document. Applicants are asked to use 12 point Times New
Roman font.
4.1 VENDOR'S RESPONSIBILITIES
4.1.1 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.
4.1.2 REQUIRED CLEANUP /DAMAGE /FAIL TO PERFORM DEPOSIT — Upon
award of contract, vendor must provide a $5,000 refundable damage /clean-
up /fail to perform deposit to the City of Santa Ana, Parks, Recreation and
Community Services Agency. 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. City will retain 50% of deposit
amount if vendor cancels any carnival event. City retains the right to reschedule
any cancelled carnival. Any remaining monies from the deposit will be refunded
to vendor 30 days after 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 /failure to perform
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 per day penalty (see
Section 5.0), The vendor will not be allowed to start an event if there is an
unpaid balance due.
4.1.3 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
8
20A -28
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 per
day penalty (see Section 5.0).
4.1.4 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 4.1.3 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. Failure to perform this responsibility will
result in a per day penalty (see Section 5.0).
4.1.5 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 per day penalty (see Section 5.0) if the
dumpsters are not provided and removed as indicated.
4.1.6 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 at pre -event meeting. City staff will provide plot plan to
vendor with ideal exits and entrances. 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) 647-
5840. 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 per day penalty (see Section 5.0) for each day late in
providing the plot plan.
4.1.7 CARNIVAL LICENSE FEE— Vendor understands and agrees to pay the
required carnival license fees a minimum 10 days prior to each event. Checks
shall be made payable to "The City of Santa Ana ". Vendor agrees to pay a per
day penalty (see Section 5.0) for each day late in paying license fee.
4.1.8 FIRE AND ELECTRICAL INSPECTION —Ten (10) business days prior to the
event, the vendor must schedule appointments with the Orange County Fire
Authority (OCFA) and the Santa Ana Planning and Building Agency for an
9
20A -29
electrical inspection of all generators, carnival equipment, and booths to be used
at the carnival. Vendor agrees to pay a per day penalty (see Section 5.0) 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 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 per day penalty (see Section
5.0) for each violation.
4.1.9 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 per day penalty (see Section 5.0) for each day
late in securing food permits and food booth inspections. Furthermore, the
vendor agrees to pay a per day penalty (see Section 5.0) for each food booth
discovered operating without prior approval of the O.C. Health 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 per
day penalty (see Section 5.0) for each violation.
4.1.10 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 ten (10) days prior to the commencement of the event. Vendor
agrees to pay per day penalty (see Section 5.0) 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
10
20A -30
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 per day penalty (see Section 5.0) for each booth
operating without a City Business License.
4.1.11 CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Vendor shall send
a letter to the neighborhood associations adjacent to the park where the carnival
is to be conducted informing them of the event and to gain their organization's
support for the planned activity at the park during the scheduled times and dates,
a minimum of ten (10) business days before the event. The Community
Development Agency will provide contact information to the vendor for a
particular neighborhood upon request. Vendor must submit copy of signed
letter, on the organization's letterhead, to the Santa Ana Police Department and
to the Parks, Recreation and Community Services Agency a minimum of ten
(10) business days before the event. The Community Development Agency can
be contacted by calling (714) 647 -5360. Vendor agrees to pay a per day penalty
(see Section 5.0) for each violation of this section.
4.1.12 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
per day penalty (see Section 5.0) for each violation of this section.
4.1.13 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 per day penalty (see Section 5.0) for each violation of this
section.
4.1.14 REQUIRED EVENT PERSONNEL — A minimum of two (2) from start of event
until 6pm daily and a minimum of four (4) from 6pm until all attendees have left
the carnival grounds daily; 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
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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 per day penalty (see
Section 5.0) 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.
4.1.15 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) 647-
5840. Vendor agrees to pay a per day penalty (see Section 5.0) for failure to
perform this responsibility.
4.1.16 POLICE DEPARTMENT REQUIREMENTS — Vendor must provide the Police
Department with the names of the contact persons representing the carnival
vendor and contracted security company. At least one of those security company
contacts must have access to a cell phone to be used in case the Santa Ana Police
Department needs to be called for assistance. The promoter will be required to
turn in a completed Land Use Certificate form, site plan and Security Guard
contract to the Police Department. The security Guard contract shall include the
following supplemental information:
• The Security Officer in charge, name and cell number
• A list of names, guard card numbers and copy of guard cards of the
security officers assigned to the event.
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 from 6pm until all attendees have left carnival
groimds daily. In addition, one (1) traffic officer will be required at Jerome and
Cesar Chavez /Campesino locations. If the number of officers required exceeds
two officers, vendor shall not be responsible for the payment of costs for more
than four officers. The Police Department will coordinate necessary police
assistance for the event at vendors' expense.
4.1.17 ADDITIONAL POLICE /FIRE /PARK{ PERSONNEL — Vendor agrees that if a
disturbance occurs due to the operations of the carnival and additional Police,
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Fire or Parks personnel assistance is required, vendor will pay those additional
expenses.
4.1.18 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 per day penalty (see Section 5.0) 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 per day penalty (see Section
5.0) and may lead to a suspension of future events.
The vendor understands and agrees that the Park Supervisor shall be the final
authority regarding interpretations of the sites existing conditions both before
and after the event. Failure by the vendor to set and attend these meetings will
result in the Park Supervisor performing the walk through of the park site
without the vendor and all conditions recorded by the Park Supervisor shall be
deemed as accurate and final.
4.1.19 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 roust 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.
4.1.20 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 per day penalty
(see Section 5.0) for equipment arriving earlier or left in the park later than the
above stated times.
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4.1.21 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 per day penalty (see Section 5.0) for each
violation of this section.
4.1.22 PORTABLE RESTROOMS — Vendor shall provide a minimum of seven (7)
portable toilets, with one of those toilets designed specifically for disabled
persons and a minimum of three wash stations. 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 and continuous
service of portable restrooms. Vendor agrees to pay a per day penalty (see
Section 5.0) for each violation of this section.
4.1.23 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 per day penalty (see Section 5.0)
for each violation of this section.
4.1.24 NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Vendor
understands and agrees that no games or activities involving the shooting of a
gun or weapon, simulated or real, shall be used in any of the entertainment,
including game booths, with the exception of water guns that are clearly
recognizable as such. Vendor also understands and agrees that any gambling
games or games of chance shall be subject to review and removal by the Santa
Ana Police Department, who will ensure that they are fair and legal in nature,
and in compliance with any applicable statutes. A determination by the Santa
Ana Police Department that any particular game is in violation of any statute
shall result in the removal of the game. Any City decision to remove a game
will be final.
4.1.25 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
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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.
The promoter /carnival operator must provide a list of Cg's for the carnival rides
that they will be using for the carnivals and a current Department of Industrial
Relations Permit to Operate each of those rides.
4.1.26 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
per day penalty (see Section 5.0) for each violation of this section.
4.1.27 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. Vendor agrees to pay a per day penalty (see Section 5.0) for each
violation of this section.
4.1.28 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.
4.1.29 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.
4.1.30 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. Vendor agrees to pay a per day penalty (see Section
5.0) for each violation of this section.
4.1.31 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
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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 per day
penalty (see Section 5.0) for each violation of this section.
4.1.32 PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Vendor must
provide soft security personnel (licensed as specified in Item 4.1.15.) 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 per day penalty (see Section 5.0) for each violation of
this section.
4.1.33 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 4.1.18. 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.
4.1.34 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 per day penalty (see Section 5.0)
for each violation of this section.
4.1.35 NEIGHBORHOOD BOOTHS — Vendor agrees to provide the local
neighborhood associations or PRCSA designee with a booth for marketing and
fundraising. This booth will be in addition to the 20 booths described in Section
H. No sales are allowed at these booths. Booth shall include a 10x10 canopy,
one 6 foot table, two chairs and adequate lighting in a prominent location.
4.1.36 ANIMALS — No petting zoos, pony rides, or any other animals are allowed at
the carnival.
4.1.37 MASSAGE — No massage booths or massages are allowed at the carnival.
4.1.38 DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items
(sexual in nature).
4.1.39 FINANCIAL DOCUMENTATION - Within 45 days after the Event, Event
Producer shall provide the City with a complete and detailed fmancial ledger
specifying all revenues and expenses.
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5.0 PENALTY FOR VIOLATIONS
The vendor has the responsibility to ensure that all requirements are met. The City will impose $1,000
penalty per day if any of the items mentioned below are found to be in violation of agreement
requirements.
✓
RFP
Section
Description
4.1.2
Required cleanup /Damage /Fail to Perform Deposit
4.1.3
Clean -up during and after the event
4.1.4
Street Sweeping
4.1.5
Dumpsters
4.1.6
Required plot plan and plot check process
4.1.7
Carnival license fee
4.1.8
Fire and Electrical Inspection
4.1.9
0. C. Health Department Requirements
4.1.10
Required Permit from Business License Office for booth vendors
4.1.11
Contact with neighborhood organizations
4.1.12
Contact with business residents
4.1.13
Contact with business organizations
4.1.14
Required event personnel
4.1.15
Required license for soft security
4.1.18
Pre -event and post -event inspections with park personnel
4.1.20
Carnival equipment set up and removal
4.1.21
Carnival hours
4.1.22
Portable restrooms
4.1.23
Sale, advertising and consumption of beer, alcohol or cigarettes
4.1.26
Event staff, office and security parking
4.1.27
Deliveries of supplies to vendors
4.1.30
Personnel parking
4.1.31
Event parking and required signage
4.1.32
Personnel at entrances to neighborhood
4.1.34
Lighting
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MOOMFORGI 'O_ •:111
Responses to this Request for Proposal are due at 5:00 p.m. WEDNESDAY, JANUARY 5, 2015. The
undersigned Vendor agrees to provide carnival services at City -owned parks in accordance with the
specifications. I/We have stated herein the services and fees that Uwe will furnish and deliver as
specified.
Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy
between words and figures, WORDS SHALL GOVERN.
The City of Santa Ana reserves the right to cancel any agreement in the event that terms under which
carnival vendor is contracted are violated.
Name of Vendor
(Person, Firm, Corp.)
Address
Address
Telephone Number
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Signature of Authorized Rep.
Name and Title (Please Print)
Date
Fax Number
7.0 VENDOR'S REFERENCES
This sheet must be completed in full and returned with vendor's proposal.
List and describe fully the last three contracts performed by your firm, which demonstrate your ability
to provide carnival service in accordance with the specifications in Section III. Attach additional pages
if necessary. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
Also, please attach a letter or printout from vendor's insurance provider(s), current and /or prior, who
have provided your business with insurance over the last three (3) years, detailing any claims that have
been filed in connection with vendor's carnival operations.
Customer Name:
Address:
Contract Amount:
Reference No. 1
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
Customer Name:
Address:
Contract Amount:
Reference No. 2
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
Customer Name:
Address:
Contract Amount:
Reference No, 3
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
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8.0 PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS
Please check the first column for each event that you are available to conduct. For each event, please
list the carnival operator you are proposing to use and any deviations from specifications. If necessary,
please include additional pages. Vendors will not be allowed to change carnival operators once the
proposal has been submitted without approval of City.
Intent to
Park Site
Proposed
Other Deviations from Specifications
Provide
Carnival Operator
Please cite item number and summarize how
(Y/N)
specification deviates
1
Jerome Park
March 13 -15
Fri -Sun
2
Cesar Chavez/
Campesino
April 3 -5
Fri -Sun
3
Madison Park
May 22 -25
Fri -Mon
4
Rosita Park
June 5 -7
Fri -Sun
5
El Salvador Park
June 12 -14
Fri -Sun
6
Jerome Park
August 14 -16
Fri -Sun
7
Madison Park
September 4 -7
Fri -Mon
8
Cesar Chavez/
Campesino
October 16 -18
Fri -Sun
9
* *Delhi
April 24 -26 Fri -
Sun
* *City reserves the right to pull Delhi should it decide to operate the carnival with City
staff.
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ATTACHMENT "A"
CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does
not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is
in compliance with all federal, state and local directives and executive orders regarding non-
discrimination in employment; and that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities for
minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company employees, outside
recruiting services, especially those servicing minority communities, and to the minority
communities at large.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs
now in effect within your company.
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ATTACHMENT `B"
SAMPLE ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents and representatives are named as additional insureds ( "additional
insureds ") with regard to liability and defense of suits arising from the operations and uses
performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of
the name insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or
organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30) days written notice has been given to
the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective the endorsement form as part of
Policy #
Issued to
Name Insured
Countersigned by
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ATTACHMENT "C"
NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS
THIS AGREEMENT, made and entered into this day of 2014 by
(hereinafter "Operator "), and the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California (hereinafter "City ").
RECITALS
On December 7, 2011, the City issued a Request For Proposals for carnival operators to provide carnivals
at specified City owned parks.
Operator submitted a proposal to provide carnival services.
Operator represents that Operator is able and willing to provide carnival services as specified in the
Request for Proposals to the City.
In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field
and that any services performed by Operator under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional carnival operator in the field.
NOW THEREFORE, in consideration of the mutual and respective promises set forth herein,
and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
PREMISES AND USE
(A) The City of Santa Ana owns the following community park ( "Park ") within its boundaries:
located at., Santa Ana. City hereby grants to the Operator a non - exclusive, revocable user agreement to
encroach upon the specific areas of the above stated Park ( "Carnival Areas ") delineated in the
rendering of the Park attached hereto Exhibit " ", for the purpose of providing a carnival ( "Carnival
Event ") and for no other purpose. Operator shall provide during the term of this Agreement on
dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set
forth in Section 3 hereof.
(B) The right and permission of Operator is subordinate to the prior and paramount right of the
City to use the City owned Parks described herein above in their entirety for public purposes to which
they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival
Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of
the Parks by the City, its residents and guests.
(C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never
to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival
Areas within the Parks shall be limited solely to the permission for such use and occupancy granted
herein.
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(D) Asa covenant to this Agreement, Operator agrees to adhere to and comply with all of the
terms, conditions and responsibilities enumerated in the Request For Proposals, RFP , issue date
, (hereinafter "RFP ") attached hereto as Exhibit ` °' and incorporated herein by reference. Any failure to
adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for
Proposal, RFP shall be deemed a breach of this Agreement and of the RFP.
(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should
not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its
discretion may grant Operator alternative dates for the conducting of the Carnival Event within the
term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph,
Operator must timely request the same from City.
2. SCOPE OF SERVICES
Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event
complete with the rides, equipment and services as set forth in the RFP (Exhibit ) to this Agreement.
FEES /DEPOSITS/PERMITS /LICENSES
At least 10 days prior to the commencement date of the Carnival Event as set forth below,
Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below.
Operator agrees to pay the City and City agrees to accept from Operator the following fees per
Carnival Event.
Part/ Carnival Dates Fee
In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including
the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in
the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The
vendor agrees that failure to pay the cleanup /damage deposit and /or any other outstanding balances and
fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day .
The vendor will not be allowed to start an event if there is any unpaid balance due.
4. SECURITY DEPOSIT
Contemporaneously with the execution of this Agreement, Operator shall deposit with City the
additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability
for interest, as security for the faithful performance by Operator of all the terms, covenants, and
conditions of this Agreement to be kept and performed by Operator during the Tenn 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
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the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival
event provided for herein.
TERM
This Agreement shall commence on the date first written above and terminate on December 31,
2015 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be
extended for two additional 1 -year terms 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.
NON - POSSESSORY INTEREST
City retains full possession of the Park and Carnival Area and Operator will not acquire any
interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by
the exercise of the permission given herein. Operator will make no claim to any such interest. Any
violation of this provision will immediately void and terminate this Agreement.
NON RECORDING
Neither party shall record this Agreement
8. RECORD KEEPING AND AUDIT
A. Operator shall establish and maintain separate accounting records for each Carnival
Event at the specified Parks. Operator's accounting system shall conform to generally accepted
accounting principles and all records shall provide a breakdown of total costs and revenues associated
with the Park Carnival Events.
B. All Operator's records of revenues and repairs pertaining to the Carnival Events
referenced herein shall be kept for the duration of this Agreement and made available at all times for
audit by City upon request
9. INDEPENDENT CONTRACTOR
Operator shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Operator performs the services which are
the subject matter of this Agreement; however, the services to be provided by Operator shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
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10. INSURANCE
Prior to undertaking performance of any work relative to a Carnival Event under this
Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
A. Commercial General Liability Insurance. Operator shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as additional
insured(s) and shall include, but not be limited to protection against claims arising from bodily and
personal injury, including death resulting there from and damage to property, resulting from any act or
occurrence arising out of Operator's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death resulting there
from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply
City with a fully executed additional insured endorsement in substantially the form attached as Exhibit
B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the
City Attorney.
B. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against
liability for worker's compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's
liability insurance with limits not less than $1,000,000.00 per accident.
D. If Operator is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000.00 per claim.
E. The following requirements apply to the insurance to be provided by Operator
pursuant to this section:
i. Operator shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City; and shall state as follows:
"The above detailed coverage is not subject to any deductible or
self - insured retention, or any other form of similar type limitation. "
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iv. A complete and signed certificate of insurance with all endorsements required by
this Section shall be filed with City prior to the execution of this Agreement. At least thirty
(30) days prior to the expiration of any such policy, a signed and complete certification of
insurance showing that coverage has been renewed, shall be filed with the City.
F. If Operator fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
Operator agrees to indemnify the City for any work performed prior to approval of insurance by the
City.
11. INDEMNIFICATION
Operator agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
health, and claims for property damage, which may arise from the direct or indirect operations of the
Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim
that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by
reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
special counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or
equitable relief due to personal or property rights arises by reason of the terms of, or effects arising
from this Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding.
Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expenses, costs (including
without limitation costs and fees of litigation of any nature) arising out of or in connection with
Operator's performance of this Agreement or any failure to comply with any of Operator's obligations
contained in this Agreement by Operator, its officers, agents or employees.
12. TRASH/UTILITIES /CLEANUP
Operator is responsible for the collection and disposal of all trash as specified in the RFP
(Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Operator is responsible
for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant
to this agreement as set forth in paragraphs A2 — A4 of the RFP. The area to be cleaned includes the
parking lots and the surrounding neighborhood and streets. Further, with the exception of the City
supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is
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responsible for supplying all utilities to be used during the Carnival Events, including supplying the
required portable toilets as specified in the RFP.
13. HAZARDOUS MATERIALS
Operator represents and warrants that its use of the Carnival Area herein will not generate any
hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to
or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean -up
and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City
harmless from and indemnify City against any release of any such hazardous substance and any
damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and
penalties incurred as a result thereof except any release caused by the negligence of City, its employees
or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material
defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, or other similar term by any federal, state or local environmental law, regulation
or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be
amended from time to time; and it shall be interpreted to include, but not be limited to, any substance
which after release into the environment will or may reasonably be anticipated to cause sickness, death
or disease.
14. WASTE OR NUISANCE
Operator shall not commit or permit the commission by others of any waste on the Park or
Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any
nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or
Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any
unlawful purpose.
15. PUBLIC NECESSITY
City may immediately temporarily suspend operation of this Agreement and the Carnival Event
in the event of public necessity or emergency, as may be determined by the City Manager. Such
suspension will terminate when the public necessity or emergency no longer exists.
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.
W.
KO -•
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 upcoming scheduled carnival, City may terminate this Agreement upon thirty
(30) written notice to Operator.
In the event of condemnation, unless Operator is allowed by the condemning authority to
continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the
Property vests in the condemning authority or Operator is required to cease its operations, whichever is
earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the
entire award shall be paid to City.
19. TERMINATION
This Agreement may be terminated by the City without cause upon thirty (30) days written
notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for
any violation of the terms contained herein.
20. DEFAULT BY OPERATOR
Should Operator default in the performance of any of the terns, 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.
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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 -75)
P.O. Box 1988
Santa Ana, California 92702
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and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Telefacsimile (714) 647 -6515
To Operator:
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other cormnunication shall be addressed and transmitted to the new
address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be
effective or deemed to have been given three (3) days after it has been deposited in the United States
mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
26. CONTRACT ADMINISTRATOR
The Executive Director of Parks Recreation and Community Services Agency, or his /her
designee, shall be City's Contract Administrator for this Agreement and all approval and notices
required to be given herein shall be so directed and addressed.
27. COMPLIANCE WITH LAWS
Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state, county and
municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's
facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter
enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a
proceeding brought against Operator by any government entity, that Operator has violated any such
statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and
shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits
and other governmental approvals, required in connection with Operator's activities hereunder, and
update such permits /approvals as necessary.
28. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Operator, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP,
the terms of this Agreement shall prevail. This Agreement may not be modified except by written
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instrument signed by the City and by an authorized representative of Operator. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not
embodied herein.
29. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator
may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent
of the City and any such assignment, transfer, delegation or subcontract without the City's prior written
consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Operators retained by City.
30. NON - DISCRIMINATION
Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in
the recruitment, selection, training, utilization, promotion, termination or other employment related
activities. Operator affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
31. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of California.
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
in connection with or by reason of this Agreement.
32. ATTORNEY'S FEES
Except as otherwise provided in this Agreement, in the event suit is brought by either party to
enforce the terms and provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees.
33. PROFESSIONAL LICENSES
Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required
by the laws and regulations of the United States, the State of California, the City of Santa Ana and all
other governmental agencies. Operator shall notify the City immediately and in writing of her inability
to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
OPERATOR:
By:
(Print Name)
(Title)
Tax I.D. #
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director of the
Parks Recreation and Community
Services Agency
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
By:
Assistant City Attorney
ATTEST:
MARIA HUIZAR
Clerk of the Council
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