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HomeMy WebLinkAbout25I - AGMT - CINCO DE MAYO EVENT VENDORSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: AGREEMENTS WITH Al PARTY, BOBBY NAVA ENTERTAINMENT, STAGEPLUS, JOSE ROMO, INSURE PROTECTIVE SECURITY FOR SERVICES FOR THE CINCO DE MAYO EVENT {STRATEGIC PLAN NO. 5, 5C} vi CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't 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 Al Party Rental for rental of event equipment for the Cinco de Mayo event in the amount of $52,057.98, which includes a 10% contingency, for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. This agreement will increase the amount authorized to this vendor to $104,901 for the 2014- 2015 fiscal year. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Bobby Nava Advertising and Entertainment Agency for advertising and entertainment services for the Cinco de Mayo event in the amount of $15,000, for a term to end on May 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. This agreement will increase the amount authorized to this vendor to $35,000 for the 2014- 2015 fiscal year. 3. Authorize the City Manager and Clerk of the Council to execute an agreement with Stage Plus Event Staging Services for rental of a stage, stage equipment and stage manager services for the Cinco de Mayo event in the amount of $23,100, which includes a 10% contingency, for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. This agreement will increase the amount authorized to this vendor to $50,950 for the 2014 -2015 fiscal year. 4. Authorize the City Manager and Clerk of the Council to execute an agreement with Jose L. Romo for event production services and cleaning services for the Cinco de Mayo event in the amount of $11,132, which includes a 10% contingency, for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 251 -1 Agreements for Cinco de Mayo April 21, 2015 Page 2 This agreement will increase the amount authorized to this vendor to $26,572 for the 2014 -2015 fiscal year. 5. Authorize the City Manager and Clerk of the Council to execute an agreement with Insure Protective Security for security services for the Cinco de Mayo event in the amount of $17,385.22, which includes a 10% contingency, for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. This agreement will increase the amount authorized to this vendor to $35,379 for the 2014- 2015 fiscal year. DISCUSSION The Cinco de Mayo event has been a positive attraction for the downtown businesses and surrounding neighborhoods. This event attracts thousands of Santa Ana residents and visitors from all over Orange County. The purpose of the event is to celebrate Cinco de Mayo through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games over three days. The 16th Annual Cinco de Mayo Festival will take place on May 1 — May 3, 2015. In 2014, recognizing the great value of the event, the City of Santa Ana, Parks, Recreation, and Community Services Agency ( PRCSA) recommended that the City host the Cinco de Mayo event and act as Event Manager. The PRCSA will continue the responsibilities of the Event Manager for 2015 and be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, and insurance for the event. City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting to enter into agreements with the various vendors listed below for the following services: Al PARTY — To provide rental and installation of equipment for the event. The equipment to be rented will include items such as: canopies for vendor booths, food booths, sinks, fences, restrooms, tables, generators, and a backstage area. The equipment will be delivered Friday evening and set up by Saturday Morning. Cleanup of the equipment will occur Sunday evening and completely cleared by Monday morning. Staff had the opportunity to compare services provided by three vendors and is recommending Al Party because of their price and their capacity to handle the diverse booths and various types of equipment the street fair component of this event needs. BOBBY NAVA ENTERTAINMENT — To provide advertising and entertainment services for the Cinco do Mayo event to be held in downtown Santa Ana with a performer on Saturday, May 2, 2015. Staff reached out to various talent agents and Bobby Nava Entertainment was able to secure Graciela Beltran to perform at the 2015 Cinco de Mayo event. STAGE PLUS — To provide, install, maintain and remove rented stage, ground support systems, audio, lighting, scaffolding, barricades and ramps at 4th Street and 5th Street and Broadway 251 -2 Agreements for Cinco de Mayo April 21, 2015 Page 3 Avenue for the Cinco de Mayo event, The contractor shall deliver the equipment on Friday, May 1, 2015, and start set-up immediately after the closure of the streets. The Contractor will cleanup and remove the equipment Sunday evening and have It completely removed and cleaned up by Monday morning, May 4, 2015. Contractor will also provide stage manager services for Friday and Saturday. JOSE L. ROMO — To Provide event production services and cleaning services for the Cinco de Mayo event to be held in downtown Santa Ana from Friday, May 1 through Sunday, May 3, 2015. Due to the recent vacancy of the Community Events Supervisor position, PRCSA staff determined that in order to properly deliver the Cinco de Mayo event the City should contract with Jose L. Roma. Mr. Romo has provided similar services for the prior Cinco de Mayo and Fiestas Santa Ana events, INSURE PROTECTIVE SECURITY — To provide security guard services for the Cinco de Mayo event to be held In downtown Santa Ana from Friday, May 1 through Sunday, May 3, 2015 with the number of security guards and timeframes for service as set forth by the City. After an evaluation of the services provided by prior security companies for previous Cinco de Mayo and Fiesta Santa Ana events, Insure Protective Security was selected to provide services for Cinco de Mayo 2015, STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5, Promote a strong arts and culture infrastructure, Strategy 0, Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space FISCAL IMPACT Funds are available in the Recreation Community Services Contract Services- Professional account (no. 01113230 62300), Gerardo Mouet, Executive Director y Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT; Francisco G ierrez, Executive Director Finance and Management Services Agency 251 -3 251 -4 AGREEMENT WITH Al PARTY RENTALS FOR PROVISION, INSTALLATION AND REMOVAL OF RENTAL EQUIPMENT FOR THE CINCO DE MAYO FESTIVAL THIS AGREEMENT is made and entered into this 21sT day of April, 2015 by and between Al Party Rentals (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City").. RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing rental equipment for special events such as the Cinco De Mayo Festival that the City is hosting from May 1 -3, 2015. ( "Event ") B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is Imowledgeable in this field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rental equipment at 4t" Street and 50' Street and Broadway Avenue for the Event, Equipment to be provided by Contractor includes, but is not limited to: vendor booths, food booths, canopies, draperies, lights, walls, sand bags, trash cans, fans, coolers, sinks, fences, restrooms, tables, chairs, generators, stages and a backstage area with furniture, as set forth in Exhibit A to this Agreement (the "Equipment"). City may request additional equipment or services during the term of this Agreement. Said request shall be made in writing, executed by the Executive Director to the Contractor, detailing the additional equipment /services to be provided and requiring an estimate from Contractor as to the cost of such additional equipment/service$. Contractor shall deliver the Equipment on Friday, May 1, 2015 and set up by 7 :00 a.m. Saturday, May 2, 2015. Contractor will clean up and remove the Equipment on Sunday, May 3, 2015 beginning at 9:30 p.m. and have it completely removed and cleaned up by 6:00 a.m. Monday, May 4, 2015. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, The contract award for such services pursuant to the Contractor's Proposal shall not exceed Fifty Two Thousand and Fifty Seven Dollars and 251 -5 Ninety -Eight Cents ($52, 057.98). This includes a ten percent (10 %) contingency for additional equipment/services as estimated by Contractor and approved by the Executive Director in writing as set forth in Section 1, above. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 1, 2015 and terminate on May 31, 2015, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a mariner consistent with all applicable standards and regulations governing such services. Contractor 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. 5. INSURANCE Prior to widertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence mid $2,000,000 in the aggregate. Contractor shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City of Santa Ana. 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 251 -6 respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation ofinsured's 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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 fom-i by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. £ If Contractor 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 terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, Contractors, 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 death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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. 251 -7 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 Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor 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. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. CONFLICT OF INTEREST CLAUSE Contractor 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 raider this Agreement. 9. 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 cerfified mail, postage prepaid, or sent by fax or other telegraphic commurdeation in the manner provided in this Section, to the following persons: To City: Clerk of the Cormcil City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: (714) 647 -6956 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571-4221 and 251 -8 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 Contractor: Al Party Rental 251 E. Front Street Covina, California 91723 Phone; (866) 217 -2789/ FAX: (626) 967 -7572 A party may change its address by giving notice in writing to the other party. 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. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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, 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. 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 party, which are not embodied herein, 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City. 251 -9 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 he the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shalt, 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 govermnental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain, or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. 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. 251 -10 IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ]3y: J Funk ssistant City Attorney CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Al Party Rentals Name: Title: Tax ID4 251 -11 EXHIBIT L6A" } "F F T Y 251 E FRONT STREET COVINA, CA 91728 A'1 PARTYR ENTAL, OOM W1 T l� ',! Yt Pl P 1666.217.2789 F 626.967.7572_ CITY OF SANTA ANA PARKS & REC 714471 -4268 Phone Job Descr. SANTA ANA 2015 (MAY) Ordered By: JOSE ROMO Salesman: RENE MARTINEZ Delivery and Pickup Status: Quote Quote #: 86676 Event Beg: Fri 6/ 1/2015 7:00PM Event End: Sun 6/ 3/2016 9:30PM Operator: Herrera, Valerie Delivery : Fri 5/ 1/2015 T.00PM Contact: JOSE ROMO Pickup Date: Sun 5/ 3/2015 9:30PM Phone: 714- 612 -9227 Location: SANTA ANA Used at Address: 4TH & 5TH ON BRAODWAY: SANTA ANA, CA 92707 Delivery Notes: DELIVERY: FRIDAY 5/1 7PM MUST BE READY BY 7AM PICKUP: SUN 514 BE THERE AT 9:30PM NOTE: NEED TO TAKE THE MULE - CUSTOMER IS RESPONSIBLE FOR ALL NECESSARY PERMITS REQUIRED FOR CANOPIES AND ELECTRICAL, CUSTOMER IS RESPONSIBLE FOR ALL SAFETY PACKAGES, INSTALLATIONS NOTES: VENDOR BOOTHS 63•BOOTHS 17 CANOPY, 10'X10'PAGODAGREI MT »> 17 -10'X 10'X 8' GREEN & WHITE PAGODAS «< 21 CANOPY, 10'X10PAGODA REDWHT »> 21.10'X 10' X 8' RED & WHITE PAGODAS« 22 CANOPY, iVX10'PAGODA WiT »> 22. 10' X10' WHITE PAGODAS «< MUST BE INSTALLED ON LEVEL GROUND. 160 CANOPY, BASE STEEL 35 SIDEWALL, 8'X10' MITE 3 SIDEWALL, 8'X10' MESH WINDOW WHITE #8 BOOTH 1 SIDEWALL, 8'X10' MESH WINDOW WHITE #7 BOOTH 1 SIDEWALL, 8'X10' MESH WINDOW WHITE #40 BOOTH 60 TABLE, 8'X 30" 1 PER BOOTH MUST BE INSTALLED ON LEVEL GROUND, 120 CHAIR, SAM$ IVORY 2 PER BOOTH MUST BE INSTALLED ON LEVEL GROUND. 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 3D LIGHT, 200W ORTS 30 ELEC CORD 25' 76 LIGHT, STRING FESTIVAL YELLOW 15 -- STRINGS 10 ELEC CORD 50' 15 ELEC CORD 25' GREEN CORDS FOOD BOOTHS 16 CANOPY, 100Xi0'PAGODA WHT »> 8 -- 10'% 20'X 8'«1 MUST BE INSTALLED ON LEVEL GROUND. 64 CANOPY, BASE STEEL Store Hours Mon Fri 9.00a -590p Sat 10:00a -2:OOP Pooled OU Mon V W20153:39:29PM SONwereby P0Fnt-oLRoflN0Sysloma ww.v.poinbobmnlatcam 251 -12 $1,360.00 $1,680.00 $1,760.00 $320.00 $975,00 $82.50 $27.50 $27.50 $522.00 $120.00 $9.501 $285.00 $5.501 $165,00 $7501 $56 SO $0.00 $0.00 $1,280.00 _ $200 $128.00 Modification # 5 comma- Psreme.ml 041 quota #: g6676 CITY OF SANTA ANA PARKS & RED Paao 2 of 6 21 Items Rented Oleo Amt l Dlso% Disc% Eech 80 FENCE, PICKET 32eXS'WHITE PVC $16.00 Prise $1,20040 - 24 LIGHT, 200W ORTS $9.50 $228.00 17 ELEC 30AMP CUTLET $35.00 $685.00 12- FOOD $, 6- US ARMY 8 SIDEWALL, 3'X20'WHITE PTM TARP $0.00 $0.00 FOR FOOD BOOTHS 8 TABLE, B' X 30" $8.70 $52.20 F1 BOOTH MUST BE INSTALLED ON LEVEL GROUND. $6 CHAIR, SAMS IVORY $1.0 $36.00 F1 BOOTH MUST BE INSTALLED ON LEVEL GROUND. 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 28OLUS HOT & COLD SINKS 500 SPECIALTY PARTY EQUIP $1.76 $875.00 »> 500'FENCE FOR MAIN STAGE. FREE STANDING PENCE «< INSTALL FENCE AT 4A M 85 SANDBAGS $3,00 $255,00 25 SIDEWALL, 6'X20' WHITE PTM TARP $20.00 $500,00 »> SCREENING FOR FENCE « a» 600' OF e' HIGH PTM TARPS «< 1 LABOR $1,000.00 $1,000.00 RESTROOM SERVICE SATURDAY INCLUDES SAT AM ( CARNIVAL AREA) AND WASTE TANKS 3 SPECIALTY SINK HOT &COLD $800.00 $1,800,09 »> 3 -3 COMPARTMENT HOT /COLD SINKS SELF CONTAINED «< 12 SPECIALTY PARTY EQUIP $100,00 $1,200.00 12 -EXTRA WATER TANKS - -4 PER SINK 27 SPECIALTY TOILET $80.00 $2,160.00 S SPECIALTY TOILET ADA $125.00 $376,00 7 SPECIALTY SINK COLD $80,00 $420.00 »> 7 - TWO STATION COLD SINK «< (1 -@ 4TH & SPURGEN FOR SIERRA MIST) 3 SPECIALTY SINK HOT &COLD $255.00 $705.00 » >4- HOT &COLD SINKS «< 6 CANOPY, 10'X10'PAGODA WHT $80.00 $480.00 »> 4 -10'% 20 %8' PAGODAS --- OVER HOT /COLD SINKS «< MUST BE INSTALLED ON LEVEL GROUND. 24 CANOPY, BASE STEEL $2.00 $48.00 8 SIDEWALL, e'X20'WHITE $30.00 $240.00 8- 30' SECTIONS a SIDEWALL, e'X70'WHITE $10.00 $80.00 8 LIGHT, 20OW QRTS $11.00 $68.00 6 ELEC CORD 25' - $0.00 $0.00 6 CANS, TRASH WTH LINER 32 GALLON $10.65 $65.10 SUPPORT 3 SPECIALTY PARTY EQUIP $20,00 $60.00 GREASE BARRELS - - -1 AT EACH 3 COMPARTMENT SINK--1 AT EACH I OX20 CANOPY 4 SIDEWALL, 8'X10' WHITE PTM TARP $20,90 $60.00 »> FOR UNDER GREASE BARRELS «< 1 SPECIALTY FORKLIFT $0.00 $0.00 _ NO CHARGE MAIN STAGE 7 TABLE, ROUND 30° $8.50 $69.60 MUST BE INSTALLED ON LEVEL GROUND. 7 TABLE, CKTL,42 "LEG $2.50 $17.50 3 RED, 120" GARDEN $14.50 $48.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN, 3 KELLY, 120" GARDEN $14.50 $43,50 1 WHITE, 120" GARDEN $14.60 $14.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN, 21 CHAIR, BARSTOOL,BLACK SWIVAL $940 $189.00 2 COOLERS, IGLOO 130 QT. $15.00 $30.00 2 FAN, 30" PEDESTAL $30,00 $60.00 atore Hours Mon - Fri 9:00a -5:00p But 10:00a -2:00p Printed On Mon 416M153;3829PM 8o6w4re In Point w- Ronlel syolnme www.prl"4nf -,l l'com 251 -13 Modlficatlon# 5 Caniml-pruen,. t(14) Quote df: g6675 CITY OF SANTA ANA PARKS & REC Pape 3 of 6 qty Items Rented _ Blue Amt Disc -A Diec% Each Price 6 _..... TABLE, VX 30" $8.70 $02,20 - MUST BE INSTALLED ON LEVEL GROUND. 2 RED, 0' TABLEDRAPE $19.00 $38.00 2 KELLY, B' TABLEDRAPE $19.00 $38,00 2 WHITE, 6' TABLEDRAPE $19.00 $38.00 800 ASTRO TURF, BLACK SQ. FT. $0.48 $384,00 » 20'X40' <a< 1 CANOPY, 20!X20' WHITE EXPANDABLE $500.00 $500,00 20' M0 X 6 WHITE CANOPY 1 MIDDLE, 20'X20'WHITE $0.00 $0.00 6 CANOPY, WATER BARREL 05GAL $15.00 $90.00 0 CANOPY, WATER BARREL COVER 55GAL $5.00 $30.00 66 CHAIR, SAMS IVORY $1.60 $105.60 SET UP IN FRONT OF STAGE -- 3 ROWS OF 22 -- MUST BE SET UP &ZIPTIED MUST BE INSTALLED ON LEVEL GROUND, 9000 ALL CHAIRS &TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS DRESSING ROOMS 3 CANOPY, 10'X10'PAGODA WHT $60.00 $246.00 »> 1- I UX 30'X $' W/4 WALLS «< MUST BE INSTALLEO ON LEVEL GROUND, 12 CANOPY, BASE STEEL $0.00 $0.00 8 CANOPY, BASE STEEL $2.00 $12.00 80 $IDEWALL, 8' WHITE $0.60 $40.00 »> 4 - 20' SECTIONS «< S LIGHT, PAR -CAN 46 BLACK 200W $15.00 $90,00 6 PAR -CAN COLOR JELL $0,00 $0.00 PBACH JELLS 20 TABLE, 6'X 30' $7.00 $140.00 4 SPECIALTY TOILET $80.D0 $320.00 2 SPECIALTY PARTY EQUIP $60.00 $120.00 2- TWO STATION HAND WASHING SINK 60 CHAIR, SAMS WHITE $1.00 $60.00 >>> STAGE AREA «« MUST BE INSTALLED ON LEVEL GROUND ALI. CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 260LBS 3 MIRROR, WARDROBE NATURAL WOOD - $5.00 $15.00 1 CLOTHES RACK $16,85 $18.65 30 SPECIALTY PARTY EQUIP $0.00 $0100 30-HANGERS ELECTRICAL / POWER 1 GENERATOR, 125KVA SILENT $600,00 $600.00 1 GENERATOR, 70KVA3PHSILENT $60000 $600.00 1 SPECIALTY PARTY EQUIP $600.00 $600.00 »> 1 - 70KVA GENIIS «< e ELEC 20AMP OUTLET $35.00 $260.00 8- 20 AMP OUTLETS ( DISNEY) 1 ELECTRICAL DISTRIBUTION SYSTEM $3,600.00 $3,600.00 »> 136.20 AMP OUTLETS «< »> STAGE POWER HOOKUPS ea >>> 40 AMPS PER FOOD BOOTH «< 100 CABLE RAMP 6CHANNEL $12.00 $1,200.00 30 SPECIALTY PARTY EQUIP $33.00 $990.00 r 30 - WALKIE TALKIES W/ HEADSETS & BATTERIES & CHARGER-,, 4 LABOR $700.00 $2,800.00 »> (2) Al MEIN SAT SAM - GPM NEED MULE «< »> (2) Al MEN SUN BAM - 8PM NEED MULE «< 2 ELEC 50AMPTWSTLOCK W /50AMP OUTLET 2' $80,00 $160.00 -- FOR MANNY Al USE 80 PENCE, CHAIN LINK 6'H X 10'W $1.00 $80,00 >» 80' OF 6'111011 FENCE «< Store Hou re Mon Fd 9: 00a-5:000 Sat 10:00a -2:00p Prin* en Mon 416120161:a0:20PM ea(Iwnre by Pold- 0- Rental 8yeleme www.polnMOLrenl =rn 251 -14 Modlfcatlon$ 5 Conhad -Pmrnm It (14) Quota 8: 86678 CITY OF SANTA ANA PARKS & REC Page 4 of 6 Qty .Items Rented � - Dlso Arm /Disc% Disc% M mm Each Price CHECK IN 4th & BROADWAY 1 CANOPY, 1U'X10'PAGODA WHT $80.00 $80,00 >s> 101x10'X8' <4< MUST BE INSTALLED ON LEVEL GROUND. 4 CANOPY, BASE STEEL $2.00 $8,00 1 TABLE, 8'X $0" $8,70 $8.70 MUST BE INSTALLED ON LEVEL GROUND, 4 CHAIR, SAMS IVORY $100 $400 MUST BE INSTALLED ON LEVEL GROUND, 8000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAMEAREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 1 LABOR $1,200,00 $1;ao9.00 FRIDAY NIGHT INSTALLATION &SUNDAY PICKUP _ STAGE- CITY COUNCIL 40 CHAIR, SAMS WHITE $1.0 $40.00 IN FRONT OF STAGE DROP OFF ONLY MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS &TABLES MUST BE STACKED IN THE SAME AREA A& DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 260LBS BEER GARDEN 1 CANOPY, 40'X40' REDiWHITE KWIK BXP, $880,00 $880.00 40'X 40'X WIRED & WHITE CANOPY 4 LIGHT, HI BAYS 400WATT $50,00 $200.00 8 CANOPY, WATER BARREL 550AL $16.00 $120.x0 8 CANOPY, WATER BARREL COVER 55GAL $5.00 $40.00 MAIN STREET - - NORTH OF 4TH -- WEST SIDE OF STREET -- NEXT TO WELLS FARGO 4 CANOPY, IUXIOPAGODAWHT $80.00 $320.00 1= 10'X 40'X 8' WHITE PAGODA MUST BE INSTALLED ON LEVEL GROUND, 16 CANOPY, BASE STEEL $2,00 $32.00 6 TABLE, O'X SO" $8,70 $69.60 MUST BE INSTALLED ON LEVEL GROUND, 32 CHAIR, SAMS WHITE $1.00 $32.00 MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS &TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR W'EIGHTLIMIT IS 250LBS 2 CANOPY, 10'X10'PAGODA WHT $80.00 $160.00 1. 10' X 20' X e' WHITE PAGODA ---EAST SIDE OF STREET MUST BE INSTALLED ON LEVEL GROUND, 8 CANOPY, BASE STEEL $16.00 COMMAND POST 3 TABLE, V 30" $8,70 $26.10 MUST U5 INSTALLED ON LEVEL GROUND. -- OFFICE -- 1 CANOPY, 15'X15' WHITE KWIK $17000 $170.00 1- 15'X 16'X & WHITE CANOPY 4 CANOPY, BASE STEEL $2.00 $800 - 3 SIDEWALL, 8'X20' WHITE $20.00 $60.00 4 LIGHT, LED PAR -CAN "$.00 $140.00 2 ELEC CORD 50'MULTI BLACK $0.00 $0.00 2 CHAIR, POLIWOOD WHITE $Z60 $5,20 225 ASTRO TURF, BLACK SO. FT, $0,48 $108.00 1- 15' X 15' TURF 1 TABLE, 6'X 30" $6.40 $8,40 1 BLACK, 6' TABLEDRAPE $19,25 $19,25 1 COOLER, EVAPORATIVE OSCILLATING $250OU $250.00 1 ELBC CORD BY $0.00 $0.00 1 WATER HOSE 100' $000 $0.00 Stole HOURS Mon - Frl 91UUa -S:00p Sal 10:00a -2:00p Pftt¢3 on Mon 41612016 313820PM Sonwam by Point- ofAenlsl eyslsms www,polnbo4renlel,com 251 -15 Modlficetlon s 5 00*40bPaWlwapl(14) Quote #: g6675 CITY Or SANTA ANA PARKS & REC Page 6 of 6 Qty Items Rented _ � Disc A_mtl Dlsce% Dien% M..- Each Price 2 LOUNGE, LOVESE4 WHITE LEATHERETTE 13137.50 - TMMTM �~ $278.00 ' 1 TABLE, COFFEE WHITE fIWX22" $38.50 $38.50 1 TABLE, SIDE WHITE 22"X22" $30.0 $30,00 -- GREEN ROOM -- 1 CANOPY, 16'X15'Wi.ITE KWIK $170.00 $170,00 1- 15' X 15' X B' WHITE CANOPY 4 CANOPY, BASE STEEL $2.00 $8,00 3 SIDEWALL, B'X20' WHITE $1 $60.00 4 LIGHT, LED PAR -CAN $35,00 $140.00 2 ELEC CORD 50'MULTI BLACK Sul) $0,00 1 LOUNGE, SECTIONAL, WHITE LEATHERTT. 5PC $300.00 $$00,00 1 LOUNGE, SOFA, WHITE I.EATHERETT, CORNR RT $0.00 $0,00 1 LOUNGE, SOFA, WHITE LEATHERETT, MID $0.00 $00 1 LOUNGE, SOFA, WHITE LEATHERETT, CORNR LF - $0,00 $0.00 i LOUNGE, SOFA, WHITE LEATHERETT, END RT $0,00 $0,00 1 LOUNGE, SOFA, WHITE LEATHERETT, END LT $0.0c $0,00 1 TABLE, COFFEE WHITE 35X22" $26.00 $25,00 225 ASTROTURF, BLACK SQ. FT, $0.48 $108.00 1 -15'X 151 TURF 1 COOLER, EVAPORATIVE OSCILLATING $250.00 $250.00 1 ELEC CORD 50' - $0.00 $0.00 1 WATER HOSE 100' $0.00 $0.00 2 TABLE, ROUND 30" $9,3E $18.70 MUST BE INSTALLED ON LEVEL GROUND, 2 TABLE, CKTL,30 "LEG $0.00 $0.00 2 BLACK, 90" GARDEN $10.75 $21.50 B CHAIR, POLIWOOD WHITE $2.60 $20.80 4 TREE T PALM TREE, ARECAARTIFICIAL $0.00 $0.00 80 KWIK COVER /8'WHITE $3.95 $237.00 COVERS FOR VENDOR TABLES 1 DELIVERY /PICKUP $600100 $600,00 DELIVERY / PICKUP FOR RESTROOMS & SINKS 20 KWIK COVER /6'WHITE $2.00 $40.00 DRESSING ROOM TABLES 1 LADDER 6' $0.00 $0,00 t FUEL FOR GENERATORS $2,500.00 $2,500.00 »> COST TO REFUEL GENERATORS< rNAL T.B.D. 1 KWIKCOVER18'WHITE $2.00 $2.00 CHECK IN 225 ASTRO TURF, LABOR INSTALL SQIFT $0,18 $36.00 225 ASTROTURF, LABORINSTALL SQ /FT $0,16 $36.00 1 pellvary/Pickup__.._ $600.00 $600.00 This is a Quote Only, Thank you for the opportunity to assist you on your special event we greatly appreciate your business. To confirm and reserve the equipment quoted a signature and a 50% deposit is required. All equipment is subject to availability and quotes will only be reserved upon receiving the signature and Deposit(s). Balance of the order is due 3 days prior to delivery date along with a refundable security deposit ( amount of security deposit varies based on equipment). Revisions can still be made after the order has been reserved. Quotes are valid for up to 30 days, price are subject to change at any time. Thank you Store Hours Mon - Fri 9:00a -6:00p Sat 10:00a -2:00P Modification 5 Prlse,d On WA 4/ 3@016 3:3829PM soawere by Palnkf.Rentel Systems www.pointmf -ravel com Contrec4Pnrem5.rp1(14) 251 -16 Quote g: (ISG76 CITY OF SANTA ANA PARKS & REC Pape S of 6 Signature: CITY OF SANTA ANA PARKS & REC Store Hours Mon -Fn 8:003 -S;OOp Sat 10:00a-2100p v Pwiod on Men 4l 6120153:M29PM SoPwete by PO1n4o6Rental5yslems .we polnl -ef.n, el mm 251 -17 Rental: CA BUS: Sales: Delivery Charge: $40,243,00 $2,727.33 $3,461.00 $600.00 Subtotal: �4 $47,021.33 Sales Tax: $304.11 Total $47,325.44 L7AM.tlnt Paid $o.00 Aue: $47,825.44 Modification R 5 Conlnan- Params.rpt(14) 251 -18 CONSULTANT AGREEMENT WITH BOBBY NAVA ADVERTISING AND ENTERTAINMENT AGENCY THIS AGREEMENT is made and entered into this 1" day of April, 2015 by and between Bobby Nava Advertising and Entertainment Agency, ( "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing wider the Constitution and laws of the State of California ('City"), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing advertising and entertainment services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C, In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services per %nned by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting finn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide advertising and entertainment services for the Cinco de Mayo event ( "Event ") to be held in downtown Santa Ana with performers on Saturday, May 2 and Sunday, May 3, 2015 with the names of the performer (Graciela Beltran) and timeframes for service as set forth in the Consultant's schedule, attached hereto and incorporated herein as Exhibit A. 2. DELIVERY OF WORD PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a forn compatible with City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable wider the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted, or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 251 -19 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Fifteen Thousand Dollars ($15,000.00) during the tern of this Agreement. b. City shall pay half of the compensation upon full execution of this Agreement ($7,500.00) and the other half ($7,500.00) shall be paid on the day after performance (May 3, 2015), subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and terminate on May 30, 2015, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney, 5. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 6. INSURANCE Prior to widertaking performance of work under this Agreement, Consultant shalt maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not by hinted 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate, 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. 2 251 -20 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, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section; (i) Consultant 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. c. If Consultant 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 terminate thus Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "cla.hns "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement eement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are 251 -21 applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of (his Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfiil possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with perfonnance of services specified cinder this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other comma nication 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, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 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 Facsimile: 714- 647 -6956 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Facsimile: 714 -571 -4221 251 -22 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714 - 647 -6515 To Consultant: Bobby Nava Advertising & Entertainment Agency Attn: Bobby Nava 4959 Palo Verde St,, Bldg. 203B, Montclair CA 91763 Mailing Address: P,O, Box 828, Pomona, CA 91769 Phone: 909 - 629 -5252/ FAX: 909 - 629 -1818 A party may change its address by giving notice in writing to the other party. Thereafter, any comrmmication 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. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed asset forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a corrflict between the terms of this Agreement and any attachments hereto, 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 Consultant. The parties agree that any tens or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by airy party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 consultants retained by City. 13. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of ternnination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant 251 -23 compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of perfonnance specified in the Recitals of this Agreement. 14, DISCRIMINATION Consultant 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, Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, perfonnaxce, and enforcement of any of the clauses of this Agreement shall be detennined 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. 16. PROFESSIONAL LICENSES Consultant 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. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indennnify 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 witbdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. - -- signature page follows - -- 251 -24 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: SONIA R. CARVAI,HO City Attorney By. John . Funk Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: Bobby Nava Advertising & Entertaimnent Bobby Nava RECOMMENDED FOR APPROVAL: Owner Gerardo Monet, Executive Director Parks, Recreation & Community Services Agency 251 -25 EXHIBIT "A" 13NA Advertising and Entertainment 4959 Palo Verde St Build, 203E Montclair Ca 91763 Mailing Address: P.0 Box 828, Pomona CA 91769 Office: (909)629.5252/ Fax (909)629 -1818 Specializing in Spanish and English Radio and T,V, Advertising Talent Contract D1te: March 13 2015 T Contact: �^ GernaR,amirez Contraco: 115154 Phone: (714) 514-4251 _ Address: City of Santa Ana Parks, Recreation and Community Services Agency 20 Civic Center Plaza P.0, Box 1988 Santa Ana, CA 92702 Name of Artist : Graciela 3cltran Date & Time of Presentation Sat May 2" 2015 from 7pm -8pm Location Yi'ljere: 4th St. Downtomi Santa Ana, CA Date: Saturday, Inlay 2,2015 Time: 71mi -8pin Graciela Beltran $15,000 Due upon execution of this Agreement $7,500,00 Due on the day after the performance May 3, 2015, $7,500.00 251 -26 AGREEMENT WITH STAGE PLUS EVENT STAGING SERVICES FOR PROVISION, INSTALLATION AND REMOVAL OF STAGE EQUIPMENT FOR CINCO DE MAYO 2015 EVENT THIS AGREEMENT is made and entered into this 7th day of April, 2015 by and between Stage Plus Event Staging Services ("Contractor'), 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 ('City"), RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing stage equipment for the Cinco de Mayo event that the City is conducting on May 1, 2, and 3, 2015 ( "Event "). B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fern in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rented stage, ground support systems, audio, lighting, scaffolding, barricade and ramps (collectively the "Equipment ") at 4"' Street and 5"' Street and Broadway Avenue for the Event, as set forth in Exhibit A to this Agreement. Contractor shall deliver the Equipment on May 1, 2015, and start set -up immediately after the closure of the streets. Contractor will clean up and remove the Equipment Sunday evening, May 3, and have it completely removed and cleaned up by 6:00 AM, Monday, May 4, 2015. Contractor will also provide stage manager services on May 2 and 3. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Twenty -Three Thousand, One Hundred Dollars ($23,100.00), which, includes a 10% contingency for any additional services, which must be requested and approved by City. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall continence on the date first written above and terminate on May 31, 2015, unless terminated earlier in accordance with Section 12 below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 251 -27 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. 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 insured's provisions. b. Business automobile liability insurance, or equivalent forrn, 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, hr accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement.. 251 -28 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City, (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. e. If Contractor 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. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, `claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted while performing the work (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. S. CONFLICT OF INTEREST CLAUSE Contractor 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, 9. NO'T'ICE 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 251 -29 certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa. Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571 -4221 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Contractor: Stage Plus Event Staging Services 2330 S. Susan Street Santa Ana, California 92704 Facsimile: (71.4) 241 -0185 Phone: (714) 390 -4563 A party may change its address by giving notice in writing to the other party. 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. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty - four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these tune frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor with respect to the subject matter herein, 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 attactunents hereto, the terms of thus Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition . to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. 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 party, which are not embodied herein. 251 -30 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 ire the subject to this Agreement performed by City personnel or by other consultants retained by City. 11 TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. PROFESSIONAL LICENSES Contractor 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. Contractor shall notify the City 'immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. ]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 indenuufy 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. -- signature page follows- 251-31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Fluizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALI -10 City Attorney 13y: John . Funk Assis aut City Attorney RECOMMEND FOR APPROVAL: Gerardo Mouet, Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Stage Plus Event Staging Services [Name] Tax ID# 251 -32 1 *41 Moll A 251 -33 5 � ti ' Ilt3 er p;3.11i' �tft�..lthlln' ?rQSIFXb/n2L`:1Liu' 2330 S. Susan St, Santa Ana, CA 92704 (714)241 -0184 (714) 528 -3891 (714) 241 -0185 PAX BILL 7'O. Colunit) Moaet Coma Ramirez Parks, Recreation, and Commnuity Servim Agency Chy of Santa Ana 714-571-4204 Tel 714-571-4227 Tel 714 - 4M -4732 Cel SOUND (MAIN SCAOE) I Sand Craft Sit 12 Ch Cunwla (polo 1 rm" Book 1 Snake tvf tnnnhue xplh i 12 EV tklbrn nine Array Wd /high) 12 EV Cobra Dual IS' subs I I Monitor pkg (frS mix) 1 Sound Craft Sr W. Cnnvnlr (Monitmv) 6 Four Alonhor i Drum Fill Monitor 2 Sida Pill I Wor6. Box 4 Sure UR Whelecs Was i hlic pkq 1 tabling pkg 1 DI pkg I CD player 2 En Incur 1 'rein Who 51uy0 1 40%. x S Stage 2 Stnir unh I Skirting front or stage I Stago mile loft, right & tear 1 Vim Extinguisher Pky 1 40 x 72 x Vh Self Climbing a>f (4 tovref) I ,p) x 32 Mesh Cow (Black) I I Anchor Pkg 14 - ADM ]bs balm) lSlaga I.Igbtiug I og Pnmta 8 5C tb75 wahm (rB End) 8 575 spas (Hi End) 1 Diblo Pkg I Dlxlro 24 Source 4 par 1 Dimmer 14, I Cola Cei Pkg Ilt.wkline Instruments I Yomalm Stage Cusunu Drum Set I Feralor lI Vin Guitar Amp I GKOOO *U)) Baas Amp SHIP TO Flesu Patflous Downtown Santa Ana, CA _7BD _ pup+ I of 3 251 -34 RVEV�r �Jcr 2330 S. Susan St, Santa Ana, CA 92704 (714)241-0184 (714) 528-3891 (714) 241-0185 PAX 26535-L-SANTA ANA—May ,rrEm NO. QTY. -T ON deo 1 12 Pawl LEI) Virtual 8MM. SOW WrJl I C)AMDrd I DVD Ilayback I Video switch I Ugbg Rg I Distfo I DulimySct-up Nflick-up I Duddiug & safety Permit (No Few pg. 2 of I 251-35 lty. RYKE/jE C-ICf —6V - 1 2310 S. Susan St, Santa Ana, CA 92704 (714)241-0I84 (714) 528-3891 (714) 241-0185 PAX 265815-L. SANTA AN"ay [writ CITY Witt, AN VATR %p pwr_. hIllaml IN;III. pro YOU PAY 1'O Ahpuvr; 251-36 $ UOTOIN I AGREEMENT WITH JOSE L. ROMO FOR EVENT PRODUCTION SERVICES THIS AGREEMENT made and entered into this _ day of April, 2015 by and between Jose L. Romo, a sole proprietorship (hereinafter "Promoter"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Promoter having special skill and knowledge in the field of providing event production services. B. Promoter represents that Promoter is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from aprofessional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Promoter shall provide event production services and cleaning service for the Cinco de Mayo event ( "Event ") to be held in downtown Santa Ana from Friday, May I through Monday, May 4, 2015, as set forth in the Promoter's Scope of Work, attached hereto and incorporated herein as Exhibit A. 2. DELIVERY OF WORK PRODUCT Promoter shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City's Project Manager and Promoter. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Promoter agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Promoter, a royalty - free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Promoter agrees to accept as total payment for his services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement 251 -37 shall not exceed Eleven Thousand One Hundred Thirty Two Dollars ($11,132.00) ( "Total Compensation ") during the Term of this Agreement. b. Total Compensation includes a 10% contingency of $1,012.00 ( "Contingency ") which can only be billed against by Promoter with specific detail to the Executive Director for its necessity. c. City shall pay Five Thousand Dollars ($5,000) of the Total Compensation upon execution of this Agreement and receipt of an invoice from Promoter. The remaining Compensation of Five Thousand One Hundred Twenty Dollars ($5,120.00) shall be paid within thirty (30) days after the Event and receipt of a final invoice from Promoter, subject to City accounting procedures. Payment of the Contingency shall only be permitted upon proof of its necessity in the discretion of the Executive Director. Payment need not be made for work which fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and terminate on May 31, 2015, unless terminated earlier in accordance with Section 13, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Promoter shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking perfonnance of work 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 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 Promoter's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$1,000,000 per occurrence, and $2,000,000 in the aggregate. 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. 251 -38 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation. Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Promoter, if Promoter has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: (i) Promoter shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. 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. Such termination shall not effect Promoter's right to be paid for its time and materials expended prior to notification of termination. Promoter waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION To the fullest extent permitted by law, Promoter shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, darnages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Promoter's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Promoter, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Promoter to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 251 -39 The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Promoter. 8. CONFIDENTIALITY If Promoter receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Promoter agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include till nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Promoter disclosed in a publicly available source; (c) is in rightful possession of the Promoter without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Promoter without reference to information disclosed by the City. 9. 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. 10. 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, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 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 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Fax: 714 -571 -4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) 4 251 -40 P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6515 To Promoter: Mr. ;lose Romo 1191 La Limonar Road Santa Ana, CA 92705 Phone: 714 -612 -9227 Email: romo66 @yahoo.com 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. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. 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, 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. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Promoter nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, or anyone acting on behalf of any party, which are not embodied herein. 12. 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Promoter shall be entitled to receive and the City shall pay Promoter compensation for all services performed by Promoter prior to receipt of such notice of termination, subject to the following conditions: 251 -41 a. As a condition of such payment, the Executive Director may require Promoter to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Promoter consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Promoter shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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 tike 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. 251 -42 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZ,OS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �, �z� C PROMOTER: Lisa torck Assistant City Attorney Jose L. Romo RECOMMENDED FOR APPROVAL: Gerardo Mouet, Executive Director Parks, Recreation & Community Services Agency 251 -43 EXHIBIT A Scope of Services: Jose Romo ( "Promoter ") Professional services to help with the production of Cinco de Mayo event May 1 -4, 2015 ( "Event ") Jose Romo brings 20 years of experience coordinating the Downtown Santa Ana street festivals. He will be able to provide valuable technical assistance to City staff in planning the 2015 Cinco de Mayo Downtown Santa Ana street festival. Promoter will coordinate the logistics of the Event including ordering all equipment needed, establishing early communication with all participants to understand their planned activity, prepare event layouts, supervise and coordinate activities of all subcontractors, provide guidance and information pertaining to the Event to participants and ensure that all contractual obligations are met. Promoter will act as liaison between City staff, Event participants, Orange County Health Care Agency, Orange County Fire Authority, Downtown Santa Ana business community and residents. He will work closely with City staff to ensure event location meets all building, health and safety requirements and with sales team to ensure participants meet their goals and objectives. Other responsibilities will include resolving and mitigating all issues during the Event and contracting all personnel needed to provide adequate trash pickup services during and after the Cinco de Mayo Event. Trash Pick -U Staf: Saturday 8 am to 4 pm: Saturday 4 pm to 12 mid: Sunday 10 am to 6 pm: Sunday 6 pm to 2 am; Monday 6 am to 2 pm: 11 staff and 1 supervisor 13 staff and 1 supervisor 13 staff and 1 supervisor 17 staff and 1 supervisor 4 staff The cost to provide this coverage will be $5,120 at the following rates: 58 staff at $10 per hour for a total of 464 hours = $4,640 1 supervisor at $15 per hour for a total of 32 hours = $480 Litter maintenance personnel for the event: Promoter's services include trash pick -up for Event area on 4th Street, Plaza Santa Ana, backstage area and food areas on French, Bush and Main Street. Carnival operator provides trash pick -up services for the carnival area during the 3 day festival and after they vacate the carnival area. Event trash boxes and liners will be provided by Waste Management. In the event there is a stage at the Artist Village, Promoter proposes to add a litter maintenance crew member from the moment entertainment begins each day until 2 hours after entertainment ends to completely clean the area. For example, if entertainment starts 251 -44 Jose Romo - Scope of Services Page Two at 12 noon and ends at 9 pm, there should be a litter maintenance crew member there from 12 noon until 11 pm. The cost is $10.00 per hour. o -St : $ 5,000.00 Professional event production services* $ 5,120.00 Trash Pick -up Staff services (as detailed above) $ 1,012.0010% Contingency $11,132.00 *Payment: $5,000 of the overall professional Event production service fee should be paid to Promoter after he submits an invoice and after the agreement is executed, but before the actual Event. Proposed tasks for Promote : • Vendors - City Staff ( "Staff ") will receive applications and screen applications for approval. Staff will collect all required documents and payments. Upon receiving this, staff will approve the vendor and forward to Promoter. Promoter will be responsible for determining the best location for vendors and will assign booths. Promoter will be the point person for any logistical requirements for vendors, in order to ensure that vendors are placed at sites that are not in direct competition with existing businesses. Promoter is responsible for assignment of spaces to sponsors as well. • Logistics /Security - Promoter will be responsible for bringing to the attention of Staff any concerns regarding damage prevention to existing buildings. Promoter's location in the downtown area will allow him to be accessible to businesses and serve as a liaison to Staff. Staff will procure the stages and canopies, Staff will process the agreements and coordinate all payments. Promoter will coordinate delivery and placement of the stages and canopies, Staff will coordinate street closures for these deliveries. • Meetings - As part of the production team for this Event, Promoter will attend various meetings regarding logistics, security and street closures. • Event Layout - Assist City Event Coordinator in developing Event layout. • Permits - Secure permit for all food participants (commercial and non - profit) with OC Health Care Agency. • Event Notification Letter - Distribute Event and street closure notification letter to all impacted businesses and residents in Event area. • Downtown Merchant Participation - Secure desired location for businesses on 4th Street who wish to participate. • Steam Cleaning - Coordinate steam cleaning the week following Event. • Parking passes - Distribute parking passes to impacted businesses. • OCHCA - Secure OCHCA event permit for Event. • Secure Orange County Fire Authority event permit for Event. • Mitigation of issues - Assist Event Coordinator in resolving and mitigating all issues reported by staff, members of the public, event participants, business owners and residents before, during and following the 3 -day Event 251 -45 251 -46 AGREEMENT WITH INSURE PROTECTIVE SECURITY FOR SECURITY SERVICES FOR CINCO DE MAYO FESTIVAL THIS AGREEMENT is made and entered into this 21" day of April, 2015 by and between Insure Protective Security (hereinafter "Contractor "), and the City of Santa, Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of security guard services for the Cinco De Mayo Festival that the City is hosting from May I to May 3, 2015. ("Event ") B, Consultant represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 11 SCOPE OF SERVICES Contractor shall provide security guard services for the Cinco de Mayo Festival ( "Event ") to be held in downtown Santa Ana from Friday, May 1 through Sunday, May 3, 2015, with the number of security guards and timeframes for service as set forth in the Contractor's schedule, attached hereto and incorporated herein as Exhibit A. 2. DELIVERY OF WORK PRODUCT Contractor shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City's Project Manager and Contractor. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Seventeen Thousand Three Hundred and Eighty Five Dollars and Twenty Two Cents ($17,385.22) during the term of this Agreement. 251 -47 b. Said compensation includes a 10% contingency added onto the base price of Fifteen Thousand Eight Hundred Four Dollars and Seventy Five Cents ($15, 804.75). In order to access said contingency amount, Contractor shall provide clear documentation to evidence the need for extra services which is subject to approval by the Director of Parks, Recreation & Community Services Agency, c. Payment by City shall be made within thirty (30) days following the Event, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of perfornance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on May 1, 2015 and terminate on May 31, 2015, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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, 6. INSURANCE Prior to widertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Cormnercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Contractor shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City of Santa Ana. 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 251 -48 respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain ally employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in frill 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. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Contractor 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 terminate ibis Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, Contractors, 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 death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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. 251 -49 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 Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor 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. S. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor 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. 10. 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, or sent by fax or other telegraphic cornmmurication in the manner provided in this Section, to the following persons: To City: Cleric 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 251 -50 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Fax: 714 -571 -4221 and 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 Consultant: Insure Protective Security Attn: David Sayed 6 Hutton Centre, Suite 600 Santa Ana, California 92707 Phone: 888 -315 -3319 Fax: 888- 778 -4463 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. If sent by fax, communication shall be effective or deerned to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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, 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. 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 party, which are not embodied herein. 251 -51 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor 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 consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 cormection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor 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. Contractor shall notify the City 6 251 -52 immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: J Y Fmik Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet, Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager INSURE PROTECTIVE SECURITY David Sayed President 251 -53 EXHIBIT GeA" Private Securitv Requirements/Deployment Cinco de Mayo Security guards are not to carry weapons, batons, or tear gas. Se5 urity guards are to report only to the Santa Ana Police Department Sgt. in charge of the event. Carnival security: James Johnson, President, Jon J Security. Services, (619- 754- 1203), PPO 15522, 601 -C East Palomar St., Chula Vista, CA 91911, johnsoii@jonjsectirity.com Festival Private Security: IPS George Cassitas (562) 794 -7420. Security Guard Reuuirernents: Security Company must be approved and certified by Santa. Ana Police Department, and all guards must be properly trained and with a certified guard card. Guard cards must be turned in to the Police Department a week prior to the event. Friday, May 1: Carnival o 4:30 pm to 11:30 pm, 1 Guard Third/French, 1 Guard Spurgeon /Fourth, 1 Guard Bush/Fourth, 1 Guard Main/Third, 1 Guard Third /Bush. Full fencing to be provided at Bush and Fourth and Spurgeon and Fourth Friday night starting at 7 p.m. Friday, May I 0 8:00 pm to 11:45 am, 1 Guard for Beer Garden. Beer Gardens at4ll' /French 0 11:59 pm to 8:00 am, 3 Guards total - 2 rovers, I at stage to protect stage and insure the integrity of the street closures. Saturday, May 2 0 8:00 am, Roll call at stage.- Fourth and French o 8:00 am to 12 :30 am, 1 guard each: Maintain integrity of barricades, vehicles only enter at Main and Fifth. Vehicles exit at Bush and Fifth and Third and French. 251 -54 11:30 am all vehicles off of streets. 11 total guards street closures • Fourth and Sycamore • Alley at Sycamore and parking structure. Allow church staff access to alley. No vehicle access. • Fifth and Main: Main entry • Fifth and Bush: Vendor Exit • Fifth and French - No Food vendor entry, • Fourth and Mortimer - north of stage - No pedestrian standing or vehicles allowed on Mortimer adjacent to the stage VIP Parking only City Council- Bilingual Guard required • Fourth and Minter - at barricades and to escort garage repair facility traffic in and out. • 'Third and French: vendor exit only, Exceptions allowed to park or enter: Robert Escalante Packard cars, Carmen Travel Agency, Ray Rangel, Fire volunteers, City Council, security staff, Parks and Rec staff must have placard. • 'Third and Bush: To monitor lofts to insure no illegal activity, monitor DGWB parking lot barricades - only DGWB employees and Loft residents allowed to park. • Second and Main :monitor Rite aid driveway and First and Main: No vehicle entry, Monitor Second and Sycamore • 'Third and Main to monitor lofts. Guards are to stay positioned fit. thg locations a. day • 11:00 am to 1.0:30 pm,2 Guards - south walkway adjacent to stage at Fourth and Mortimer 1 at each end to keep pedestrians moving. 2 guards north walkway to keep sidewalk clear. • 11:00 am to 12:00 am, 1 Guard middle of street on Bush mid -way between First and Third, l Guard middle of street on Spurgeon north of shopping center driveway to allow only Loft residents to park. North of road closed signage. Loft residents to have placard. 251 -55 o 11:00 am to 10:30 pm, 4 guards at stage. 2 front, 1 rear entry, 1 catwalk • No impromptu autograph sessions, no tossing of items from stage - notify Police Command post if occurs Rovers: 1 1:00 am to 12:30 am, I Supervisor, 4 Rovers. Supervisor to have radio ** *Watch for gang members especially in the carnival area • Monitor booth activity - lines from wheel of fortune blocking pedestrian paths, amplified sound, illegal vendors. Monitor alley barricades • Once each hour to patrol adjacent parking garages at ThirdBiroh, Third/Broadway, Fiftb/Main, Fiesta marketplace 11:45 am to 2 p.m. Beer Garden: 2 Guards 2 p.m. to 10:O0pm, Beer Garden: 5 guards (1 each entry, 2 along fence, 1 rover) Fourth/French 12:00 am to 8:00 am: 3 rovers, I stage guard. 1 Guard for the Beer Garden. Sunday, May 3 o 8:00 am to 10:30 pm, I guard each: Maintain integrity of barricades, vehicles only enter at 5m and Main. Vehicles exit at Bush and Fifth and Third and French. 11:30 am all vehicles off of streets. 11 total guards street closures • Fourth and Sycamore: • Alley at Sycamore and parking structure. Allow church staff access to alley. No vehicle stopping to drop off equipment. • Fifth and Main: Main entry • Fifth and Bush: Vendor Exit • Fifth and French - No Food vendor entry, • Fourth and Mortimer - north of stage - No pedestrian standing or vehicles allowed on Mortimer adjacent to the stage VIP Parking only City Council - Bilingual Guard • Fourth and Minter - at barricades and to escort garage repair facility traffic in and out. Third and French: vendor exit only, Exceptions allowed to park or enter: Robert Escalante Packard 251 -56 cars, Carmen Travel Agency, Ray Rangel, Fire volunteers, City Council, security staff, Parks and Rec staff must have placard. Bilingual Guard Third and Bush: To monitor lofts to insure no illegal activity, monitor DGWB parking lot barricades - only DGWB employees and Loft residents allowed to park. Bilingual Guard Second and Main: monitor Rite aid driveway and First and Main: No vehicle envy, Monitor Second and Sycamore. Third and Main to monitor lofts. wwwwrXISM . }• •s • • o 11:00 am to 10:00 pm, 1 Guard middle of street on Bush mid-way between First and Third, 1 Guard middle of street on Spurgeon north of shopping center driveway, to allow only Loft residents to park north of road closed signage. Loft residents to have placard. o 11:00 am to 10:00 pm, 2 Guards - south walkway adjacent to stage at Fourth and Mortimer 1 at each end to keep pedestrians moving. 2 guards north walkway to keep sidewalk clear. o 11:00 am to 10:00 pm, 4 guards at stage. 2 in front, 1 rear entrance, 1 at Cat Walk No impromptu autograph sessions, no tossing of items from stage. Notify Police Command post if observed o 1.1:45 am to 9:00 pm: Beer Garden - 5 guards ( 1 each entry, 2 along fence, 1 rover) Fourth/French o Rovers: 11:00 am to 11:30 pm, 1 Supervisor, 4 Rovers. Supervisor to have radio, Monitor booth activity - lines from wheel of fortune blocking pedestrian paths, amplified sound, illegal vendors and monitor alley barricades. Once each hour to patrol adjacent parking garages at Third /Birch, Third/Broadway, Fifth/Main, Fiesta marketplace ** *Watch for gang members especially in the carnival area 251 -57 11 :45 am to 2 p.m. Beer Garden: 2 Guards, 2 p.m. to 9: 00 pm, Beer Garden: 5 guards (1 each entry, 2 along fence, l rover) Fourth/French Additional duties: o Each Night rovers will assist Police and Fire Departments with shutting down cooking booths. Sat. 9:00 pm, Sun 8:00pm o Assist Police Department with. closing down the festival nightly and assisting with sweep - Sat. 11:45 pin, Sun, 9:45 pm meet at Fourth and Main. 251 -58 E J16 y! F# y This pricing proposal covers ALL security personnel INCLUDING supervisors and patrol: 7':888 -31S -3319 www.irisui•eDrotective.com F:888- 778 -4463 info @insure ru atective_com 251 -59 Dear Mr. Sandoval, Insure Protective Security would like to thank you for taking the time to review our proposal. We take pride in providing you with the maximum standard of service in the security and protection industry. We look forward to the opportunity to work together to accomplish your security and protection goals. Thank you again for reviewing the Insure Protective Security proposal. Sincerely, David Sayed President Sp: -.:.mow BdY a18i. L � wi.:2dA. ll A K{ pp T:888- 315 -3319 www.insureprptective.com P; II88- 778 -4463 info insurep ot_ective.com 251 -60 Insure Protective Security is currently operating in both Northern and Southern California. IPS is licensed with the Bureau of Security and Investigative Services, bonded, and fully insured. IPS can be described in two words: Honor and Integrity. They serve as guidance for all of our employees. It's at the core of our company and the reason why we're able to build trust with our clients. It's on the patch, which lies on the shoulders of every one of our officers. At IPS we run our operations on a client- centered model that allows us to deliver responsive and reliable security services to our clients. This model is focused around quality personnel, real time reporting, and customer service. In the next few pages we will go more in depth into each of these areas. IPS implements a strict recruiting and hiring process. Our step -by -step process not only screens out unqualified candidates but also goes well beyond the industry norm to focus on selecting only the best possible applicants. Our process identifies candidates who posses important traits we believe are critical to both IPS and our client such as honesty, integrity, and a strong customer service orientation suited to the culture and operating environment of your establishment. Our selection process includes: - Experience - Initial Interview - Drug Screening - Background Check - Guard Card License Verification T:888- 315 -3319 www.insuref�rotectiv_e.coni 8:888- 778 -4463 inWinsureprotective_con 251 -61 TRAINING Our commitment to employee training and development is the foundation that the quality of our security officers is based on. Our personnel go through extensive training at Basset Private Security Training Academy, an accredited training academy. All training is certified by the Bureau of Security and Investigative Services and the California Association of Licensed Security Agencies. Every new hire is required to complete the IPS training program. Our professionally designed training classes help motivate employees, which results in lower turnover, less absenteeism, and higher standards of performance. The curriculum includes the following subjects: • Administrative and Security Orientation Legal Authority • Authority of the Security Officer • Conflict Resolution • Company Policy and Procedures Report Writing • First Aid • CPR Certified (if required by contract) Hazardous Material Recognition & Procedures • Public Relations • Communications • Protection of the Crime Scene. • Method of Patrol /Defensive Driving • Fire Prevention • Recognizing Safety Hazards • Bomb Threat Recognition • Rules of Evidence • Uniforms and Equipment T: 888 -315 -3319 www.insureorotective.com F:888- 778 -4463 info @insureprotective.com 251 -62 Insure Protective Security is committed to using the most up to date technology to better serve our clients. At IPS we use a custom real -time information gathering and incident Reporting /Monitoring System Software that allows us to monitor and respond to real - time issues, tasks, and incidents. We have essentially gone paperless. This means our clients enjoy the benefits of receiving reports and updates about their establishment in a fast and easy way in real time! REAL. TIME REPORTING We provide our clients with the following reports: Daily Activity Reports, Incident Reports, and Field Inspection Reports. Each of these reports Is sent to you in real -time via email using our Reporting /Monitoring System Software that is integrated with our network and with smart phones which enhance these features with supporting audio, video, and photos. Daily Activity Report: This report is taken by the on -site security officer and shows the activity occurring at your establishment throughout each shift and has a focus on proactive site management. Proactive site management includes for example, making recommendations on maintenance related issues such as a burned out light, which may generate an email to the maintenance staff. Incident Report: Different incidents trigger the on -site officer to write an incident report after all of the facts and information is collected. This information potentially becomes very helpful in legal disputes and usually is the difference between winning and losing a court case. The information collected in this report details the WHO, WHAT, WHERE, WHY, WHEN, and HOW of the incident. When needed the report also includes audio, video, or photos. Field Inspection Report: This report is taken by the Field Supervisor who makes unannounced visits and conducts an inspection report of both the on -site officer and the site. The inspection report ensures that the on -site officer is in proper uniform, has the proper equipment, is well groomed, is aware of the standard operating procedures for your establishment, etc. A photo is also taken of the on -site officer and is included in the report. T:888- 315 -3319 www.insureprotective.coni F:888- 778 -9463 info @insureprotective.com 251 -63 Fos III Information pmntaFnrm Name: site check Folm6paae Uame; Feld Operations Submitter Name: Security SUpervisoi FCC Submission Date: lul 23, 2012 6:26:53 PM PDT ReFation: Number. S25E9055 Lacatipn: 6016 Main 6016 Hain 5t, Guard W 23, 2012 6:26:0.9 PM PDT [ lew a j Region. NorCal Facial Hair FCC. Name Bodv Oda, Na Door Site Ptame Gams Stop Attitude Sveathsl Goad f Clear No ],sad wem Guard On Bost Shirt fit Pictare fmm a d�.tance Pants Elk 6DU Pasta Fit Good fit Star Badge Pinned on At Duty Felt Yen Guard Name Guard Card No 10 Card tie. 919690 Facial Hair Good Bodv Oda, Na Door Alertness Fully Alert Attitude Excellelit Nat No ],sad wem Shirt Slk SOU Shirt fit Good Fit Pants Elk 6DU Pasta Fit Good fit Star Badge Pinned on At Duty Felt Yen Socks Not Vmble Shoe$ 51k Mditory Boats Ilnifmrm Condition Clean SAMPLE FIELD INSPECTION REPORT Site Pesx Stondmy Post doors Tim¢ Fha A:aiiabfs No p4P ;Availit able Dxtax [n:,talled N. Nc Detu Do::nloadd No .IY ACE05 ^ib [ NO Otli2r }nipr'nYbY On Other InfOrrn6C tM1P 9n UI ills remaws trmn th d ient A,lmd his m to conti,iva prm•idlny Lire cnma leuaf m excellent servtee. Ladge alb, IIfn ld -new 1 111, ba<19e Ooltlnr hex a nP m rrye (IIncLQ` b-d, CU4tOnief vmert. C ,,Rt No Able to urtet Nn T:888- 315 -3319 www.insurepretective.com P:888- 778 -h463 info win sure protective.com 251 -64