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HomeMy WebLinkAboutFIESTA DE CARNIVAL (A-2015-019)-2015 City of Sant- Ana =�;::� Clerk of the C,Jncil 2 AGREEMENT TERMINATION FORM COTC Office Use Only PH 3: 9C Please complete this form when the attached agreement and all _ amendments (if any) are no longer in effect. eiry or s„pq rA et_RK CF COU AA A Return form to the Clerk of the Council Office (M-30). NC« Call 647-6520 if you have any questions. 1 The agreement with t-1f_ _ C[Of Y) 1 V@&0 No. A -3(v't Ci1C-1 was completed on and final payment has been made. (List all amendments. Use space below if needed.) A - CAS - 4 Department: - - (_Th IS-- 1 W-0\ Phone/Ext.: .. .Z.C,1. j W-c-_ Signature: F - 6 l 4- 3 5 C .-C,S Date: Revised 08-23-10 A-2015-019 INSURANCE UN I'-1Lk: WORK MAY PROCEEb UNTIL INSURANCE EXPIRES NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS CLERK OF COUNCIL. `"- , DATE: 3-4�1111S AGREEMENT, made and entered into this 3"d day of February, 2015, by and between Fiesta De Carnival, a. California corporation (hereinafter "Promoter"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On December 3, 2014, the City issued Request for Proposals No, 14.077 PRCSA seeking carnival Promoters to provide carnivals at specified City owned parks. Promoter submitted a proposal to provide carnival services. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 14-077 PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival Promoter in the field NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Jerome Park 726 S. Center Street, Santa Ana; Cesar Chavez ( Campesino Park, 3311 W. Fifth Street, Santa Ana; Madison Park, 1528 S. Standard Avenue, Santa Ana; Rosita Park, 706 N. Newhope Street, Santa Ana; and, Fl Salvador Park, 1825 W. Civic Center Drive, Santa And, City hereby grants to the Promoter a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas"} delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Promoter shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement oil dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Promoter is subordinate to the prior and paramount .right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such m,nmer as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities emuxrerated, in the Request for Proposals, RFP 14-077 PRCSA, issue date December 3, 2014 (hereinafter "RFP") attached hereto as Exhibit "B" and incorporated. herein AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS tis -1$l IIIS AGREEMENT, made and entered into this 3'a day of February, 2015, by and between Fiesta De Carnival, a. California corporation (hereinafter "Promoter"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On December 3, 2014, the City issued Request for Proposals No, 14.077 PRCSA seeking oarnfval Promoters to provide carnivals at specified City owned parks. Promoter submitted a proposal to provide carnival services. Promoter represents that Promoter is able and willing to provide oarnival services to the City as specified in the Request for Proposals No. 14-077 PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with suelr standards as may reasonably be expected frnrn a professional carnival Promoter in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Jerome Park, 726 S. Center Street, Santa Ana; Cesar Chavez / Campesino Park, 3311 W. Fifth Street, Santa Ana; Madison Park, 1528 S. Standard Avenue, Santa Ana; Rosita Park, 706 N. Newhope Street, Santa Ana; and, El Salvador Park, 1825 W. Civic Center Drive, Santa Ana. City hereby grants to the Promoter a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas) delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A" for the purpose of providing carnivals and for no other purpose. Promoter shall provide one (1) carnival ("Carnival Event") at each location during the tenn of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof, (B) The right and permission. of Promoter is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Parks shall be limited solely to the permission for such use and occupancy granted herein... (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the torms, conditions and res'ponsib'ilities enumerated in the Request for Proposals, RFP 14-077 PRCSA, issue date December 3, 2014 (hereinafter "RFP") attached hereto as Exhibit "B" and incorporated herein � LI by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed, a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not procured on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. Promoter, if it contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and conditions of this Agreement regarding the provision of carnival services, including insurance requirements. Not later than sixty (60) days prior to the staging of any carnival event, Promoter shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of any such Operator•. Promoter shall not utilize a different operator without first obtaining the written permission of the Executive Director. 3. FEES/DEPOSITSIIPERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival :Event: Park Site and 2015 Dates Verme/License Fee Maximum Size/Scale of Event 1 Jerome Park Large/$8,250 Up to 16 carnival rides, 12 game booths, 20 food March 13-15 or information booths*, No' live entertainment. Fri -San 2 Cesar Chavez/Campesino Small/$4,500 Up to 14 carnival rides, 12 game booths, 20 food April 3-5 or infortnation booths*. No live entertainment. Fri -Sun 3 Madison Park Large/$8,750 Up to 12 carnival rides, 12 game booths, 20 food May 22-25 Memorial Day or information booths*, No live entertainment. Fri-MonWeekend _ 4 Rosita Park Large/$4,500 Up to 16 carnival rides, 12 game booths, 20 food June 5-7 or information booths*, No live entertainment. Fri -Sun 5 El Salvador Park Small/$2,250 Up to 15 carnival rides, 12 game booths, 20 food June 12-14 or information booths". No live entertainment. Fri -Sun 6 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 20 food August 14-16 or information booths*. No live entertainment. Fri -Sun 7 _ Madison Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 20 food September 4-7 Labor Day or information booths*. No hive entertainment:. -Fri-Mon -- Weekend —_�_ 8 Cesar Chavez/Campesino Small/$4,500 Up to 14 carnival rides, 12 game booths, 20 food October 16-18 or information booths*. No live entertainment. Fri -Sun Total *One booth is equal to one 10x10 canopy area. A maximum often 10x10 cooking booths will be allowed (or five 10x20). The remainder can be non-profit, commercial or sponsorship booths. Please include in your plot plan what goods and, services each of these booths will offer and the dimension of each booth. The City must approve all goods and services sold at commercial booths. Massage booths aro not allowed. In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit, The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP, 5, TERM This Agreement shall commence on the date first written above and terminate twelve (12) months later, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for two (2) additional one (1) year terms at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON -POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Promoter will not acquire any interest, temporary, permanent, irrevocable, possessory or otherwise, by reason of this Agreement, or by the exercise of the permission given herein. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement. 1'W 8. RECORD IaEPING AND AUDIT A. Promoter shall establish and maintahl separate accounting records for each Carnival Event at the specified Parks. Promoter's accounting system shall conform to generally -accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B, All Promoter's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by the City upon request. p. INDEPENDENT CONTRACTOR Promoter shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended, nor shall it be construed to create, an employer-employce 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 pkv all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees acid shrill be responsible for all applicable withholding taxes. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability hisurance. Promoter and each of its operators and subcontractors shall maintain connnercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act. or occurrence arising out of the operations or performance of this Agreement by Promoter, its operators or subcontractors, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hued 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 performaroe of the work under this Agreement, Promoter agrees to obtain and maintaii any employer's liability insurance with limits not less tban $1,000,000 per accident. D. If Promoter is or employs a licensed professional such as an architect or engineer: Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000.00 per claim. F. The following requirements apply to the insurance to be provided, by Promoter pursuant to this section: i. Promoter shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: 6°The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type ldmdtadon." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V, If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the carnival promoter as additionally insured. F. If Promoter fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INI7ENINIFICATION Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief. is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the evemts referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of; or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and, fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 12. TRASII/UTILITIESICLEANU.P Promoter is responsible for the collection and disposal of all trash as specified in the RPP (Exhibit 13), including providing the required 40 yard roll -off dumpsters. Promoter is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RPP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Promoter is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RIFT, Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Promoter represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and Promoter will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Promoter further agrees to clean-up and remediate airy hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from, and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be iaterpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or prorriulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which atter release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Promoter shall not commit or pennit the commission by others of any waste oil the Park or Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Promoter shall .not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15, PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. ©. 16. ON-SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Promoter. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 1S. TERMINATION IN IME EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which. renders the Park and / or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coning scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20, DEFAULT RY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached. RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of nnilawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22, CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER. OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24, CONFLICT OF INTEREST CLAUSE Promoter covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O, Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: Executive Director of Parks, Reereation and. Comrnunity Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714647-6515 To Promoter: Fiesta de Carnival 11278 Los Alamitos Blvd, #101 Los Alamitos, CA 90720 Telephone (562) 799-7737 Fax 562-799-1443 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and, transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited hi the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and, notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requireinents of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and, Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, requiredin connection with Promoter's activities hereunder, and update such permits/approvals as necessary, 28. EXCLUSIVITY AND AMENDMENT" This Agreement represents the complete and exclusive statement between the City and Promoter, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Promoter. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter may not assign, transfer, delegate, or subcontract, any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent. shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Promoters retained by City. 30. NON-DISCRIMINATION Promoter shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Promoter affirms that it is air equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 31. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement, or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Promoter shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Promoter shall notify the City immediately and in writing of her inability to obtain or maintain such pernnits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and condition, of this Agreement, which by dreir sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attomey'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 fiilly set forth in the body of this Agreement. 10 /7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: l' l,&A� MARTA D. HUT"LAR Clerk of the Cotmcil APPROVED AS TO FORM: SONIA2V LIIO City Aft° 11S�Y t V Ryan RECOMMENDED GERARDO MOUET Executive Director Parks, Recreation & Q Services Agency II CITY OF SANTA ANA J DA_VID ,AVAZOS City Manager PROMOTER: Fiesta de Carnival EXHIBIT A PARK LOCATION MAPS 12 a /y -i v a .s J7 dY - �eMih+�P1 Now T� S01 i ✓ ' w &. < Ln ! J 00 w rV arm Avg oop vra�taTMrd ,cis ,6 REQUEST FOR PROPOSALS NO. 14-077 PRCSA 13 _f REQUEST FOR PROPOSALS RFP 14-077 PRCSA FOR PROVDING CARNIVALS AT CITY OWNED PARKS KEY RFP DATE'S: Issue Date; December 3, 2014 Fre-proposal Conference: December 17, 2014 Proposal Due Bate: January 5, 2015 Project Coordinator: Silvia Cuevas Management Analyst NOTICE IN'VTTING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received fi•orn qualified firms to provide carnivals at specified city parks. Responses to the Request for Proposals (RFP) will be accepted until January 5, 2015 at 5:00 p.m. If further infonnation is required, contact Silvia Cuevas at (714) 647-5254 orscuevas@santa-ana.org. All notifications, updates and addenda will be posted on the City's current RFP Bid page at santa- ana.org/bids-rips. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Silvia Cuevas, Management Analyst Parks, Recreation and Community Services Agency -M23 20 Civic Center Plaza, Second, Floor, Rm #273 Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Silvia Cuevas at scuevas@santa- ana.org. The receiving time in the Parks, Recreation and Community Services Agency -M23, 20 Civic Center PIaza, Second Floor, Rio #273, Santa Ana, CA 92701, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will, be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will NOT be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E-MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. J tt 1.0 GENERAL 1.1 INTRODUCTION 1.2 PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of 12 months with 2 one-year options. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is February 3, 2015 and may be adjusted as necessary. 13 RFP PROCESS AND GENERAL TERMS 1.3.1 PROPOSAL SUBMISSIONS -Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO, 14-077 and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 1.3.2 PROPOSAL WITHDRAWAL -Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 1.3.3 LATE PROPOSALS -It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 1.3.4 REQUIRED DOCUMENTS -Vendor must return the following completed, documents with their proposal: 1.3.4.1 Detailed proposal of services in accordance with the specifications detailed in Section 4.0. Proposal should take into consideration the evaluation criteria included. in Section 3.0 and should not to exceed 20 pages. 1.3.4.2 Signed proposal form (Section 6.0); 1.3.4.3 A letter or printout of vendor's safety related incidents from insurance company, current or previous, spanning the past three (3) years; 1.3.4.4 Completed vendor's references sheet (Section 7.0); 1.3.4.5 A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; 1.3.4.6 A representative sample of photos of vendor's past events and/or vendor's equipment; 1.3.4,7 A list of ride equipment owned, used acrd/or operated in vendors events, with description and age of all rides; 1.34.8 Completed Proposal Summary and Deviations from Specifications (Section 8.0) 1.3.4.9 Any other information the vendor may choose to submit. Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor. 0 Vendor roust submit one original and eight photocopies of their proposal. 1.3.5 ADDENDA -Any subsequent changes in the RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. 1.3.6 E-MAIL COMMUNICATION AND 1NTERPRETATIONSf CLARIFICATIONS -To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at Santa-ana.org/bids-t*. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via. e-mail to the projects manager no fewer than Live (.5) city business days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP', which will be posted to the website. Addenda may become part of the agreement documents, 1.3.7 CITY BUSINESS LICENSE -The selected proposer and their subcontractors shall be required to obtain a City of Santa Ana Business Iicense within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to cor nrencing any work in Santa Ana, 1.3.$ RIGHTS RESERVED -The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 1.3.9 AGREEMENT-Sueeessful vendor(s) will be required to enter into an Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said Agreement with at�l, or none of the vendors for a one- year period, with the option of extending the Agreement for two additional one- year terms. 1.3.10 SELL OR ASSIGN -The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 1.3.11 RECERiING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Faxed or electronic proposals will not be accepted. 1.3.1.2 COMPLIANCE WITH LAWS -All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify, and hold the City harmless for any failure to so conform. 1.3.13 REFERENCE TO SUCCESSFUL VENDOR -The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as aresult ofthis request for proposal. 1.3.14 INQUIRIES -Refer inquiries in writing via email to Silvia Cnevas at Sea evas@bsanta-ana org, 1.3.1 S RIGHTS RESERVED -The City reserves the right to contract with any, all, or noire of the carnival vendors who submit proposals. 1.3.16 E-MAIL. COMMUNICATIONS -To facilitate the RFP process, vendors are required to monitor and respond to e-mail requests on a daily basis. 1.3.17 PRF. -PROPOSAL CONFERENCE -A pre -proposal conference will be held on Wednesday, December 17, 2014 at 9:00 a.m. at the City Hall, 20 Civic Center Plaza, Santa Ana, CA — Meeting Room 2001, second floor. Please RSVP to Silvia Cuevas, (714) 647-5254, by Monday, December 15, 2014. Proposers are strongly encouraged to attend. 1.4 PROTESTS Bidders may file a "protest" of a RFP with the City's Purchasing Department, In order for a Bidder's protest to be considered valid, the protest must: A, Be filed in writing within five (5) business days of either the RFP posted date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within fourteen (14) calendar days. The protestor may then appeal the decision of the Purchasing Manager to the Assistant Finance Director within five (5) calendar clays of the date of the written decision from the Purchasing Manager, The Assistant Finance Director will provide a written decision to the protestor's appeal. The decision from the Assistant Finance Director is final and no further appeals will be considered. 2.0 SCOPE The City of Santa Ana is requesting proposals from carnival promoters to conduct nine (9) carnivals on City -owned park property during the period of March through October 2015 as specified in the table below. A map of each park with the general event area highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre -event meeting, *One booth is equal to one 10x10 canopy area. A maximum of ten 10 x 10 cooking booths will be allowed (or five 10 x 20). The remainder can be non-profit, commercial or sponsorship booths, Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth, The City must approve all goods and services sold at commercial booths. Massage booths are not allowed. 7_17' Park Site and 2015 Venue/License Maximum Size/Scale of Event _ Dates Fee 1 Jerome Park Large/$8,250 Up to 16 carnival rides, 12 game booths, 20 food March 13-15 or information booths*. No live entertainment. Fri -Sun 2 Cesar Chavez/ Small/$4,500 Up to 14 carnival rides, 12 game booths, 20 food Campesino or information booths*. No live entertainment, April 3-5 Fri -Sun 3� Madison Park Large/$8,750 Up to 12 carnival rides, 12 game booths, 20 food May 22-25 Memorial Day or information booths*. No live entertainment. Fri -Mon Weekend 4 Rosita Park Large/$4,500 Up to 16 carnival rides, 12 game booths, 20 food June 5-7 or information booths*. No live entertainment. _ Fri -Sun S E1 Salvador Park Small/$2,250 Up to 15 carnival rides, 12 game booths, 20 food Juane 12-14 or information booths*. No live entertainment. Fri -Sun _ 6 Jerome Park Largel$7,OD0 Up to 16 carnival rides, 12 game booths, 20 food August 14-16 or information booths*. No live entertaimnent, Fri -Sun 7 Madison Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 20 food September 4-7 Labor Day or information booths*. No live entertainment. Fri -Mon Weekend 8 Cesar Chavez/ Small/$4,500 Up to 14 carnival rides, 12 game booths, 20 food Campesino or information booths*. No live entertainment. October 16-18 Fri -Sun 9 **Delhi Small/$4,500 Up to 14 carnival rides, 12 game booths, 20 food April 24-26 or information booths*. No live entertainment. Fri -Sun **City reserves the right to pull Delhi should, it decide to operate the carnival with City staff. *One booth is equal to one 10x10 canopy area. A maximum of ten 10 x 10 cooking booths will be allowed (or five 10 x 20). The remainder can be non-profit, commercial or sponsorship booths, Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth, The City must approve all goods and services sold at commercial booths. Massage booths are not allowed. 7_17' 3,0 EVALUATION OF PROPOSAL Vendors will be evaluated based on the following evaluation criteria and their ability to conduct successful carnival events. A committee of City staff representing various departments will evaluate all proposals based on the following criteria and provide a recommendation to the agency. Equipment. Capability, and Epactionalit +hof Vendor 20% 1. Equipment and related safety specifications of equipment to be used. 2. Training and safety precautions taken to ensure that attractions and/or staff pose no clanger to event participants or the general ,public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications. Level of Service and Snp ort 20% 1. responsiveness and thoroughness of proposal. 2. Ability to accommodate proposed carnival dates and locations. Exverience of kin and Personnel 20% I, All carnival personnel, including operators, proposed to work at carnivals and the qualifications of those individuals, 2. Experience and technical expertise of personnel, including operators, with implementing carnivals and special events in other cities. fast Performances 40% i. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, park damage prevention and compliance with contract terms and conditions. 21 The vendor's capacity to perform the work withhn time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's record of carnival related incidents .from, vendor's insurance company, FOLLOW-UP OF EVALUATION PROCESS BY VENDOR Vendors may follow up on the evaluation of the proposals by contacting Silvia Cuevas, via email at Scuevas(exsanta-ana.org or by phone at (714) 647-5254, 4.0 SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 20 pages. Vendor must also return all requested doclaments with their proposal as specified in Section I.A.4, of this document. Applicants are asked to use 12 point Times New Roman font. 4.1 VENDOR'S RESPONSIBILITIES 4.1.1 PROOF OF INSURANCE - Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's coverage will apply on a primary / non-contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the carnival promoter as additionally insured. 4.1.2 REQUIRED CLEANUP/DAMAGE/FAIL TO PERFORM DEPOSIT -- Upon award of contract, vendor must provide a $5,000 refrmdable damage/clean- up/fail to perform deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. City will retain 50% of deposit amount if vendor cancels any carnival event. City retains the right to reschedule any cancelled carnival, Any remaining monies from the deposit will be refunded to vendor 30 days after the conclusion of the carnival season, Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. The vendor agrees that failure to pay the cleanup/damage/failure to perform deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a per day penalty (see Section 5,0), The vendor will not be allowed to start an event if there is an unpaid balance due. 4.13 CLEANUP DURING AND AFTER THE EVENT -• The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first vendor employee arrives at the park site for set up until the last vendor employee leaves the park, Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event, Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each S 7-151- day at vendor's expense. Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to provide continuous clean-up will result in dispatching City staif'to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a per day penalty (see Section 5.0), 4.1.4 STREET SWEEPING -If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Section 4.1.3 0£ this document, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at vendor's expense. Failure to perform this responsibility will result in a per day penalty (see Section 5.0). 4.1.5 DUMPSTERS - Vendor is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event, The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a per day penalty (see Section 5.0) if the dumpsters are not provided and removed as indicated. 4.1.6 REQUIRED PLOT PLAN AND PLAN CHECK PROCESS - Vendor must provide a plot plan utilizing the land use certificate format for the overall equipment set up at pre -event meeting. City staff will provide plot plan to vendor with ideal exits and entrances. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walls the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center -Plaza, Ross Annex. For farther information on the plan check process, please contact the Santa Ana Police Department at (714) 647- 5840. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Vendor agrees to pay a per day penalty (see Section 5.0) for each day late in providing the plot plan. 4,1.7 CARNIVAL LICENSE FEB- Vendor understands and agrees to pay the required carnival license fees a minimum 10 days prior to each event. Checks shall be made payable to "The City of Santa Aria". Vendor agrees to pay a per day penalty (see Section 5.0) for each clay late in paying license fee. 4.1..8 FIRE AND ELECTRICAL INSPECTION - Ten (10) business days prior to the event, the vendor must schedule appointments with the Orange County Fire Authority (OCTA) and the Santa Ana Planning and Building Agency for an 9 �i' electrical inspection of all generators, carnival equipment, and. booths to be used at the carnival. Vendor agrees to pay a per day penalty (see Section 5.0) for each day late in scheduling appointments as indicated. No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20), Actual event rules and regulations will be provided to the vendor at plan check, and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity, Hookups to park electrical outlets will not be permitted. All vendors must be set-up and ready for inspection by 4:00 p.m. on the first day of the carnival. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation. 4.1.9 O.C. HEALTH DEPARTMENT REQUIREMENTS — Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange County Health Department at (714) 667-3610, Vendor agrees to pay a per day penalty (see Section 5.0) for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a per day penalty (see Section 5.0) for each food booth discovered operating without prior approval of the O.C. Health Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange Comity Department of Health regulations, and are not for camping or .refreshment preparation use. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation. 4.1.10 REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) — Carnival promoter is responsible for supplying the Business License Office with a list of pre -approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of ten (10) days prior to the commencement of the event. Vendor agrees to pay per day penalty (see Section 5.0) for each day late in submitting/paying the packet to the Business License Office, All vendors, business or non-profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One -Day Peddler/Solicitor license. Non -Profit 10 Organizations are required to obtain a Fee -Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647-5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a per day penalty (see Section 5.0) for each booth operating without a City Business License. 4,1.11 CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ton (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.12 CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1,13 CONTACT WITH BUSINESS ORGANIZATIONS - Vendor must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a pot day penalty (see Section 5.0) for each violation of this section. 4.1..14 REQUIRED EVENT PERSONNEL — A minimum of two (2) from start of event until 6pm daily and a minimum of four (4) from 6pm until all attendees have left the carnival grounds daily; uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre - event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or recent activity in the park and surrounding areas, Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a. minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible 11 disruptions. All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, ,jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed upon level. 4.1.15 REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 647- 5840. Vendor agrees to pay a per day penalty (see Section 5,0) for failure to perform this responsibility. 4.1.16 POLICE DEPARTMENT REQUIREMENTS — Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: • The Security Officer in charge, name and cell number • A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals from bpm until all attendees have left carnival grounds daily. In addition, one (1) traffic officer will be required at Jerome and Cesar Chavez/Campesino locations. If the number of officers .required exceeds two officers, vendor shall not be responsible for the payment of costs for more than four officers. The Police .Department will coordinate necessary police assistance for the event at vendors' expense. 4.1.17 ADDITIONAL POLICE/FIRE/PARK PERSONNEL — Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, 12 7-i4l' Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 4.1.18 PRE -EVENT AND POST EVENT INSPECTIONS WITH PARI( PERSONNEL — Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park. before and after the event, The pre -inspection and post -inspection meetings will determine the condition of the sites before and after the event. A pre -inspection meeting must occur on the Tuesday prior to the carnival event. Vendor must bring the proposed plot plan to this meeting. Vendor shall not set up until pre -inspection has been completed. Set up prior to event date and/or before the pre -inspection meeting will result in a per day penalty (see Section 5.0) and may lead to a suspension of future events. A post -inspection meeting shall be completed on the second day following the carnival activity at 2;00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a per day penalty (see Section 5.0) and may lead to a suspension of future events. The vendor understands and agrees that the Park Supendsor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the vendor and all conditions recorded by the Park Supervisor shall be deemed as accurate and final 4.1.19 PROTECTION OF FIELD AND TURF, -.- Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc.). Such precautions may include painting around or covering the sprinkler heads with a "metal disle", or whatever efforts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events, Failure to do so may result in the suspension and or voiding of contract with carnival promoter. 4,1.20 CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the park prior to the completion of the pre -event inspection meeting and/or 9;00 run on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the; Park, Recreation and Community Services Agency. There will be a per day penalty (see Section 5.0) for equipment arriving earlier or left in the park later than the above stated times. 13 4.1.21 CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later than 11:00 p,m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m, on Sunday night and 10:00 p.m, on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.22 PORTABLE RESTROOMS — Vendor shall provide a minimtun of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons and a minimum of three wash stations. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event sat up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds and continuous service of portable restrooms, Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4,1.23 SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of (lie proposed events. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.24 NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES — Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated, or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review raid removal by the Santa Ana Police Department, who will ensure that they are fair and. legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 4.1.25 SIZE OF CARNIVAL RIDES -- Vendors must bring a list and photos of their proposed rides to the pre event meetings. The carnival ride list must be pre - approved by the Park Superintendent. hi addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and 14 medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre -event meeting, The promoter/carnival operator must provide a list of C#'s for the carnival rides that they will be using for the carnivals and a current Department of Industrial Relations Permit to Operate each of those rides. 4.1.26 EVENT STAFF, OFFICE AND SECURITY PARKING — Vendor uuidelstands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre - event meeting. The Vendor is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.27 DELIVERIES OF SUPPLIES TO VENDORS -- The Vendor shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No bucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.28 PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the vendor to place and/or collect traffic 'barricades and/or equipment will result in City staff or a separate contractor completing this work at the vendor's expense. 4.1.29 RENTAL OF TRAFFIC CONTROL EQUIPMENT — Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department, 4.1.30 PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated on the approved plot plan. Vendor personnel who fail to park vehicles in pre -approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.31 EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post signs before the start of the event in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses 15 during the fall duration of the carnival, Vendor shall ensure that these signs remain in place through the duration of the event, Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section, 4.1.32 PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Vendor must provide soft security personnel (licensed as specified in Item 4.1.15.) to work at designated neighborhood entrances in close proximity to the park. A minimi n of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.133 POLICE DEPARMENT REQUIREMENTS — Santa Arra Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre -event meeting described in Item 4.1.18, The Police Department will arrange the necessary police staffing for the event, The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over -time costs. 4.1.34 LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help light the carnival. Vendor is responsible for providing all other lighting to ensure that all areas of the carnival are adequately lit throughout the duration of the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section, 4.1.35 NEIGHBORHOOD BOOTHS — Vendor agrees to provide the local neighborhood associations or PRCSA designee with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described in Section 11. No sales are allowed at these booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate lighting in a prominent location. 4.1.36 ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the carnival. 4.1.37 MASSAGE --No massage booths or massages are allowed at the carnival. 4.1.38 DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in nature). 4.1.39 FINANCIAL DOCUMENTATION - Within 45 days after the Event, Event Producer shall provide the City with a complete and detailed financial ledger specifying all revenues and expenses. 16 5,0 PENALTY FOR VIOLATIONS The vendor has the responsibility to ensure that all requirements are met. The City will impose $1,000 penalty per day if any of the items mentioned below are found to be in violation of agreement requirements. ✓ RPP _ Section Description 4.1.2 Required cleanup/Darnage/Fail to Perform Deposit 4.1.3 Clean-up during and after the event 4.I.4 Street Sweeping 4.1.5 Dumpsters 4,1.6 Required plot plan and plot check process 4.1.7 Carnival license fee 4.1.5 Fire and Electrical Inspection 4.1.9 O.C. I3ealth Department Requirements 4.1.10 Required Permit from Business License Office for booth vendors 4.1.11 Contact with neighborhood organizations 4.1.12 Contact with business residents 4.1.13 Contact with business organizations 4.1.14 Required event personnel 4.1.15 Required license for soft security 4.1.18 Pre -event and post -event inspections with park personnel 4.1.20 Carnival equipment setup and removal 4.1.21 Carnival hours 4.1.22 Portable restrooms 4,1.23 Sale, advertising and consumption of beer, alcohol or cigarettes 4,1,26 Event staff, office and security parking 4.1.27 Deliveries of supplies to vendors 4.1.30 Personnel parking 4.1.31 Event parking and required signage 4.1.32 Personnel at entrances to neighborhood 4.1.34 Lighting _ 17 ?7Y- 6.0 PROPOSAL FORM Responses to flus Request for Proposal are due at 5:00 p.m. WEDNESDAY, JANUARY 5, 2015. The undersigned Vendor agrees to provide carnival services at City -owned parks in accordance with the specifications. Me have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section 111. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any agreement in the event that terms under which carnival vendor is contracted are violated, Name off Vendor (Pei -son, Firm, Corp.) Address Address 3/Z-'-s'/'O- e?/ z z Telephone Number 18 Signature of Authorized Rep. Name and Title (Please Print) Date S% -2 _ 7--3 V Y r Fax Number 7.01 VENDOR'S List ;and describe fully the ;last three contracts performed by your firm, which demonstrate your ability to provide carnival service lin accordance with the specifications in Section III. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional infolimation regarding your firm's qualifications. please attach a letter; or printout from vendor's insurance provider(s), current and/or prior, who provided your business with insurance over the last three (3) years, detailing any claims that have filed in connection with vendor's carnival operations. Name: s"GsG CA - Amount: fiv-t Reference No. 1 Individual: 1/t /e/ s 7` - Phone Number: S -G 2. - evl d- 9 7'] 1 x 2 Y/ 7 Year: _ Aog 7 - 2-44y of equipment and services provided: Name: C®yy 09r !c.e Amount: I„i __ . of equipment and services Reference No. 2 Individual: rel ,A l /%{{,,vrs�si Phone Number: —f;lL .-fr.zY-F rrrrg� Year: 2ao i Reference No. 3 Customer Name: RAa � Contact Individual:/ 1ddr�ss: L V,9 f, ;�, /S10 / Phone Number: ;ontr act Arnomit: Year: 7 )esc liption of equipment and services provided: 19 8.0 PROPOSAL, SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Please check the first column for each event that you are available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. If necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submittedwithout approval of City, Intent to Park Site Proposed Other Deviations from Specifications n Provide Carnival Operator Please cite item number and summarize how (y/N) specification deviates 1 Jerome Park March 13-15 17 Fri -Sun " 2 Cesar Chavez/ Campesino April 3-5 ✓//��,�� Fri -Sun 3 Madison Park / May22-25 CL✓i571t,2j E' Fri -Mon 4 Rosita Park June 5-7 r/ ✓7rr, Fri -Sun r w 5 El Salvador Park � June 12-14 f h Fri -Sun 6 Jerome Park August 14-16 L^ Fri -Sun '> Jib ? 1,1 7 Madison Park- �/ September 4-7 d 6`✓ 3/, I Fri -Mon c 8 Cesar Chavez/ Campesino October 16-18 /�� `✓� Fri -Sun 4 **Delhi \ April 24-26 Fri - Sun *City reserves the right to pull Delhi should it decide to operate the carnival with City staff. 20 ATTACHMENT "A" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3, To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM Z TITLE OF PERSON SIGNING �pzn SIGNATURE �— DATE 7 - r_,/ - Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 21 ATTACHMENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 9. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured, 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured Countersigned by the endorsement form as part of 22 ATTACHMENT "C" NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of 2014 by (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), RECITALS On December 7, 2011, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services, Operator represents that Operator is able and, willing to provide carnival services as specified in the Request for Proposals to the City, In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the patties agree as follows: PREMISES AND USE (A) The City of Santa Ana owns the following community park ("Park") within its boundaries: located at., Santa Axa.. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the rendering of the Park attached hereto Exhibit °"', for the purpose of providing a carnival ("Carnival Event") and for no other purpose. Operator shall provide during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and pernussion of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 23 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP , issue date , (hereinafter "RFP") attached hereto as Exhibit "" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for Proposal, RFP shall be deemed a, breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the solo discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit ) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of the Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. :k/ C isrvel l.qs In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day, The vendor will not be allowed to start an event if there is any wipaid balance due. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within 24 the RFP, the security deposit and any unused fees shall be returned within 64 days of the final carnival event provided for, herein. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2015 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for two additional 1 -year terms at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON -POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of This provision will immediately void and terminate this Agreement, 7. NON RECORDING Neither party shall record this Agreement 8. RECORD I{E+EPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and, revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 25 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under flus Agreement, Operator shall mahitain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain cormnerci.al general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Operator's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The amotmts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $5,000,000.00 per occurrence, Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles, C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000.00 per claire, E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City, and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any otherform. c f similar type limitation, " 26 iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (3 0) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator fails or refuses to produce or maintain the insurance required. by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City, 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH[UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 -- A4 of the RFP. The area to be cleaned includes file parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is 27 responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RPP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate airy hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents, "hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the cnvirommnt will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3474 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLICNEC.ESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendents to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP, 28 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming loader Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the upcoming schedided carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condennning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination.. City may tennimte this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terns, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21, INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 29 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement, 23, WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitato a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it .presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Dox 1988 Santa Ana, California 92702 30 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 64.7-6515 To Operator: A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address, If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United, States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded, 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed.. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for ternrination of this Agreement by City. Operator will obtain all permits and other governments! approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necesm y. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RPP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 31 instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein, 29. ASSICTNNTNr Inasmuch as this Agreement is intended to secure the specialized servioes of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered, null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Operators retained by City. kil)l�tlt7►S7FYilt71r1u�IlI �]�I Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, tuncestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affnlns that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity' interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in comlection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other goverrunental agencies. Operator shall notify the City immediately and ur writing of tier inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall. be cause for termination of this Agreement. 32 34, BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on acid shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context srrrvive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Bach 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. 33 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA DAVID CAVAZOS City Manager OPERATOR: By: (Print Name) (Title) Tax I.D. # RECOMMENDED FOR APPROVAL GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency APPROVED AS TO FORM: SONIA CARVALHO City Attorney M Assistant City Attorney ATTEST: 3<I MARIA HUIZAR Clerk of the Council ACCO L10" CERTIFICATE OF LIABILITY INSURANCE2/4/15 DATE 1DDIYYYY) THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME:Nes! Brazl e Thompson Insurance Enterprises LLC 3380Chastain Meadows Pkwy, Ste. 100 PHONE Ext: (6%8)290-2197 AIC 21-- )_3380 nor RIESS, Nesi.Brazile@thomcoins.coin Kennesaw, GA 30144 PRODUCER CUSTOM ER ID : NSURER S AFFORDING COVERAGE NAIC # INSURED International Promotions, Inc DBA: Fiesta De Carnival 11278 Los Alamitos Blvd #101 Los Alamitos, CA 90720 INSURERA: Essex Insurance Company 39020 INSURER B: INSURER C : INSURER D: INSURER E : FPG20011734-01 INSURER F: 4/19/15 COVERAGES CERTIFICATE NUMBER: 668315 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ifd$- LTR TYPE OF INSURANCE A'DDL POLICY NUMBER POLICY EF MMIDDIYYYY D P MMIDDIYYYV -- LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 Eaocainence $ 100,000___ COMMERCIAL GENERAL -(ABILITYPREMISES _ CLAIMS -MADE E OCCUR X FPG20011734-01 4/19/14 4/19/15 MED EXP (Any one person) $Exclu_ded PERSONAL&ADV INJURY $ 1,0001000 A _ _._ GENERAL AGGRFGATE $2000 000. AGGREGATE LIMIT APPLIES PER'. PRODUCT'S-COMP/OP AGO $2,000,000 j'L POLIry PRO- LOC CT $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED Reviewed {{..�� by . J COMBINED SINGLE LIMIT $ (EaaccMI BODILY INJURY(Perperson) $ AUTOS AUTOS HIREDAUTOS ElNON-ONNED AUTOS El c=_ BODILY INJURY UGI.cIden[) $ PRO PERT DAMAGE (Per acddent) $ -i--_ UMBRELLA LIAB EXCESS LIAB _ _ OCCUR C_LAIMSMADE /� PR (CSA/ vi d11111,n , EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ _ .$ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN AV PROPRIETOR/PARTNER/EXECUTI VE-1 GE.L. OFFICER/MEMBEREXCLUIDED9 N/A I WCSTATU- I IOTH- TORI'LIMITS ER EACH ACCIDENT $ E.L. DISEASE-EAEMPL.OYEE $ (Mandatory In NH) Ifyos, describe under fJESCRIPTION Of-'OPERATIONSbooW -- --' E.L DISEASE -POLICY LIMIT $ A Professional Liability FPG20011734-01 4/19/14 4/19/15 EACH OccuRRENCE $ $500,000 AGGREGATE $ $500,000 DESCR PTION OF 0PERATI DNS 1 LO CATI O NO I VEHICLES (Attach ACO RD 101, Acrid onal Remarks Schedule, M more space is required) Certificate Halder is an Additional Insured per the attached CG 20 26 07/04 endorsement City Of Santa Ana, Its Officers, Agents And Employees Attn:PRCSA 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1580-2010 ACORD ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 11 POLICY NUMBER POLICY CHANGES COMPANY FPG20011734-01 EFFECTIVE Essex Insurance Company 2/4/15 NAMED INSURED AUTHORIZED REPRESENTATIVE International Promotions, Inc, DBA: Fiesta De Carnival Greg Thompson 11278 Los Alamitos Blvd #101 Los Alamitos, CA 90720 COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part CHANGES The following additional insured is ADDED: Additional Insured Name and Address: City of Santa Ana, its officers, agents and employees Reviewed b Y Attn:PRCSA 20 Civic Center Plaza Santa Ana, CA 92701 Silvia Cuevas It is agreed that the following form is added: 43 PRCSA/Admin. Form # Description CG 20 26 07 04 Additional Insured - Designated Person or Organization All other terms and conditions remain unchanged. Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 POLICY NUMBER: FPG20011734-01 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City of Santa Ana, its officers, agents and employees Attn: PRCSA 20 Civic Center Plaza Santa Ana, CA 92701 required to complete this Schedule, if not shown above, will be shown in the Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, byyour acts or omissions or the acts or orris- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. Reviewed by: Silvia Cuevas 3/, `3 CG 1 20 26 07 04 OO ISO Properties, Inc., 2004 Page 1 of Av CERTIFICATE OF LIABILITY INSURANCE DA/0 25/15) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER y � A 1e eCla t Insurance Inc NAME_._, --_—___--_-_-_-__- 10451 Gulf Blvd �PHONE -- AH Treasure Island, FL 33706 E/j�MC1, No Ex, .--_-_ --- . _-- Lac No_ 8002373355 ADDRESS --_ —__T __ _ INSURER(S)AFFORDING COVERAGE NAIL# _ INSURERA_ T.H.E. Insurance Com a 1in2866 �misuaeo��� Christiansen Amusements, Inc. INSURER B: and Southland Shows, Inc. NsuREgc'_ P. 0. Box 997 - -- -- -- -- -- Escondido, CA 92033 INSURERD.: INSURER F: COVERAGES CERTIFICATE NUMBER- RRVL410N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANCE Ali-eL INs u�tTB POLICYNUMBER POLIG EFV MNIIDDIYYYY ICV EXP MMODIVYV --- LIMITS GENERAL LIABILITY EACH OCCURRENCE A X7 COMMERCIAL GENERAL LIABILITY CPP0100507-04 04/01/14 04/01/15 __$1,000.000 DAMAGETtS`MRTED 100,000 —..._.._-_. J CLAIMS -MADE OCCUR PREMISESEa oc currence __ i _S person MED EXP (Any one ) $ _..-.- PERSONAL &ADV INJURY $ 1,000,000 Review ) • —______.._.-__._-__......_—__—_ GENERAL AGGREGATE $ 10, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $ 1,000,000 POLICY PRO- LOC AUTOMOBILE LIABILITYC SINGLE LIMIT OMBII 7 ANY AUTO �`.I Silvia Cuevas II INDEED en $ BODILY INJURY (Per person) $ ._.- ALLOWNEU SCHEDULED AUTOS —' AUI [� / j PRC.SA/ ,..I ,\,rm)n. �' - -- $ — BODILY INJURY(Poraaidend PROPERTY DAMA('E 1Per accldontl _ $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB X OCCUR EACH OCCURRE_NC_E $ 4,000,000 A XI EXCESS LIAB CLAIMGMADE ELP0010135-04 04/01/14 04/01/15 AGGREGATE $ 4,000,000 DED RETENTION $ ----- .------ .__— $ WORKERS COMPENSATION WCSTAiU- O(H- ANDEMPLOYERS'UASIUTY YIN —TORY LIMILT.S.— ER E. L. EACHACCIDENT —____._ $ ANY PROPRIETORIPARTNFRIEXEC'UTIVF. OFPICERIMEMSER EXCLUDED4 E NIA ----------------__.._.-- — (Mandatory In NH) E. L. DISEASE, EA EMPLOYEE $ describe under --"--—'—'--"-----'- '— ' —' E,L.DISEASE POLICYLIMIT $ ws, SCRIMONOFOPERATIONSbelow DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks schedule, if more space is required) ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY: CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVE AND VOLUNTEERS, FIESTA DE CARNIVAL. EVENT: FOR ALL OF CHRISTIANSEN AMUSEMENTS EVENTS FROM 4/1/14 TO 4/1/15 [N�iYla[N!11i�:GTB47�t _ L ! • , CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: RISK MANAGEMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDAN E WITH THE POLICY PR ISIONS. SANTA ANA, CA 92701 AUTHORIZED RESENTATIVE T O 1055-2010 ACORD CORPORATION. All rights reserved. AC ORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT Insurance Company T.H.E. Insurance QManv This endorsement modifies such insurance as is afforded by the provisions of Policy # 2Poj n5n7-oq relating to the following; 1> TI•e City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds. ("additional insureds") with regard to liability ,and defense of suits arising from the operations and .ries performed by or on behalf of the named Insured. 2. W th respect to claims arising out of the operations and uses performed by or on behalf oi the named Insured, such insurance as Is afforded by this policy is primary and Is r of additional to or contributing with any other insurance carried by or for the benefit of tha additional insureds. 3. This Insurance applies separately to each insured against whom claim Is made or suit is brought except with respect to the company's limits of liability. The Inclusion of any person or organization as an Insured shall not affect any right which such person or organization would have as a claimant If not so included. 4, With respect to the additional Insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 i. (Completion of the following, Including countersignature, is required to make this endorsement e, fective.) Effective 4/1/14 this endorsement form as a part of Policy # CPP0100507-04 00000MI -- q Counterelgned by Reviewed by: Authorized Representative Silvia Cuevas PRCSAIAdmin. '� CERTIFICATE OF LIABILITY INSURANCE I DA3/26/14) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERAllied Specialty Insurance,Inc CONTACT NAh1E___ P.O. BOX 67008 PHONE FAX (AI,C No_E#L.-._.._._..._._.__.. ...... . _I SAIL, N1.__- Treasure Island, FL 337367008 E-MAIL 8002373355 ADDRE_Ss_.._.. - .._._..----- -- --------- ---- INSURED and Southl P. O. Box Escondido, usements, hows, Inc. 92033 T.H.E. Insurance COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AO III SR tlR W POLICY NUMBER POI FF (MMIDDIYYYYI POLICY EXP fMMIDD/YYYV LIMITS `D` GENERAL LIABILITY X 1 COMMERCIAL GENERAL LIABILITY JCLAIMBMADEIX]OCCUR CPP0100507-04 04/01/14 04/01/15 EACH OCCURRENCE_ $ 1.000, 000 DAMAGE-TO-RER1'Zo PREMISES (EaocA1nrce S 100,000 MCD EXP (Any one person) $ -PERSONAL &ADV INJURY $ 1,000 000 _ GENERAL AGGREGATE $ 10,000 000 PRODUCTS - COMP/OP AGO $ 1,000,000 GEHL AGGREGATE LIMIT APPLIES PER PRO. POLICY LOC _.......__— $ AUTOMOBILE LIABILITY _ ^i _ _ _ 50-0NffN NG LELIMIT Ea accident) ._._.— _$--- -_..._ BODILY INJURY (Per parson) $ ANY AUTO ALL OWNED I SCHEDULED . AUTOS AUTOS � . ' BODILY INJURY(Peraccldent) $ NON -OWNED HIRED AU TG.s _ AUTOS PROPERTY DAMAGE fPer accigAOt] -- $ $ A UMBRELLA LIAR ,X OCCUR EXCESS LIAB CLAIMS -MADE ELP0010135-04 04/01/14 09/01/15 EACH OCCURRENCE $ 4,000, 000 AGGREGATE $ 4, 000,000 T OED FIST ENTION$ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? tMaodatcrylnNH) If yyae, describe under DESCRIPTIONOFOPERATIONS be. NIA Rqq�/'Q`., RVV(eVY `/ Y' WC STATU- OTH- E I. EACH ACCIDENT -.-----...... — --- E. L. DISEASE -EA EMPLOYE $ $ -- E, L. DISEASE -POLICY LIMIT $ Silvia Cuevas PRrSA/Admin. DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY: CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVE AND VOLUNTEERS, EVENT: FOR ALL OF CHRISTIANSEN AMUSEMENTS EVENTS FROM: 4/1/14 TO 4/1/15 CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PARKS, RECREATION AND COMMUNITY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SERVICES AGENCY ACCORDAN EWITH THE POLICY PR ISIONS, 26 CIVIC CENTER PLAZA SANTA ANA, CA 92701 AUTHORIZED RESENTATNE 31088-2010 ACORD CORPORATION, All rights reserved. ACORD 26 (2010106) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM,°°'YYYY) 2/5/2015 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER krthur J. Gallagher Risk Management Services, Inc. '77 108th Ave NE, #200 3ellevue WA 98004 INSURED Christiansen Amusements, Inc. P. O. Box 997 Escondido, CA 920330997 CHRIAMU-01 INSURERISI AFFORDING COVERAGE merican States Insurance Comp>a)L--.. COVERAGES CERTIFICATE NUMBER: ..R7'V1,g41AA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDLISUBR -- POLICY EFF POLICY EXP LTR INSRI WVD POLICY NUMBER MMIDDIYVYY MMIDDIYYYY LIMITS GENERALLIABILITY EACH OCCURRENCE $ _ _ DAMAGETORENTED - COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) _$ CLAIMS -MADE OCCUR II. MED EXP (Any one person) $ PERSONAL B ADV INJURY_ $ _ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER',, PRODUCTS - COMPIOP AGG I$ POLICY JECOT LOC A AUTOMOBILE LIABILITY 01C15624863 /1/2014 /1/2015 Es accident _ 1000,000 x ANY AUTO BODI LY I INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODI LY I INJURY (Per accident) $ X NON -OWNED X. PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accitlent)._. I $ UMBRELLA LIAB __ OCCUR Q p�e�p Reviewed EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE $ DED RETENTION$ - WORKERS COMPENSATION Hsi WC STATU-' OTH- Y LIMITS AND EMPLOYERS' LIABILITYYIN ANY PROPRIETORIPARTNERIEXECUTIVE p Silvia Cuevas E L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? NIA – – $ - — (MandatorylnNH) If yes, describe untler PRCSAIAdr nn 1jf (11. E.L. DISEASE - EA EMPLOYEE $ _ - DESCRIPTIONOFOPERATIONSbelow EL. DISEASE -POLICY LIMIT $ I I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace is required) The City of Santa Ana, its officers, employees, agents and representatives and Fiesta de Carnival are included as additional insureds but only as respects the operation of the named insured per policy terms and conditions per form CA7110 0307. For all Christiansen Amusement events during the period 4/1/2014 - 4/1/15 City of Santa Ana Attn: Robert Carroll 20 Civic Center Plaza Santa Ana CA 92701 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C) 1988.2010 ACORD CORPORATION All rarrHrc .eco ri ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACC>R ' CERTIFICATE OF LIABILITY INSURANCE DA2/05/15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCERAllied Specialty Insurance,Inc 10451 Gulf Blvd Treasure Island, FL 33706 8002373355 CONTACT NAME:-_ PHONE A'��°€�=MAIL ADDRE FAX—' --------- A� ""°1 -------------- ADDRESS: AUTHORIZED RESENTATIVE INSURERL8 AFFORDING COVERAGE NAIC# _ INSURERA__-_T.H..E. EACH OCCURRENCE INSURED Christiansen Amusements, Inc. ri and Southland Shows, Inc. P. 0. BOX 997 P. Escondido, CA 92033 _Insuranceompany-12866 -.0 INSURERa XCOMMERCIAL GENERAL LIABILITY ........ ---------- ------ ---- INSURER C:_ --- _ —_ INSURER D: 04/01/14 INSURER E _ pREM�Ea owgre0ce) _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSft .._.,._... _....._.-.._ ADD BUSK P(SCib TFF POIICV E%P -.. -__.—._.._—__-_. - LTR TYPE OF INSURANCE INSR VD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS SANTA ANA, CA 92701 - GENERAL. LIABILI'rV AUTHORIZED RESENTATIVE EACH OCCURRENCE 1.000.000 A XCOMMERCIAL GENERAL LIABILITY CPP0100507-04 04/01/14 04/01/15 _ pREM�Ea owgre0ce) _$__ $ 100,000 JCLAIMS -MADE FA OCCUR MED EX_P(Any one person)— $_ PERSONAL S ADV INJURY $ 1,000.000 - GENERAL AGGREGATE .._..—.._._---_—_.._._._ $ 10,000,00 0 GEN'LAGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OPAGG $ 1,0001000 POLICY PRG LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -j,Eeacadentl ----- $ ANY AUTO BODILY INJURY (Per person) —_........ _-_. $ ALL OWNED SCHEDULED AUTOS AUTOS INJURY Per accident BODILY ( ) $ �HIREDAUTOS_ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) "'--'--- $ UMBRELLA LIAR XOCCUR EACH OCCURRENCE_ $ 4,000,000 AX EXCESS LIAB CLAIMS -MADE ELP0010135-04 04/01/14 04/01/15 AGGREGATE $ 4,000,000 DED RETENTION.$ $ WORKERS COMPENSATION wC STATU- OTIi- ANDEMPLOVEft3'LIABILITY YIN _ER_____ _-._..-..._._.._ ANY PROPRIETORIPAR'rNERIEXECUTIVE E.LEACHACCIDFNT $ OFFICERIMEMBER CXCLUDCD'f NIA (Mandatary In NH)DISEASE-EA EMPLOYE $ If Ves dascriba under _ U SSRIP'I'ION OF OPERATIONS belowµ=RCGS E.L. DI SEASE_ POLICY LIMIT 5T DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Small did, If more space Is Dan Ined) ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY: CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVE AND VOLUNTEERS, FIESTA DE CARNIVAL. EVENT: FOR ALL OF CHRISTIANSEN AMUSEMENTS EVENTS FROM 4/1/14 TO 4/1/15 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: RISK MANAGEMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDAN E WITH THE POLICY PRQMISIONS. SANTA ANA, CA 92701 AUTHORIZED RESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 28 (2010/08) The ACORD name and logo are registered marks of ACORD Client*: 1.58 PAULMAUR ACORDTa CERTIFICATE OF LIABILITY INSURANCE NCE DATE(M2117/22015015YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) mast be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Haas & Wilkerson Insurance CONTACT NAME: _ Pn"/c°NNa BM, 918432-4400AIC No: 4300 Shawnee Mission Parkway Fairway, KS 66205 E-MAIL ---� ADDRESS: INSURERIS) AFFORDING COVERAGE NAICN 913432-4400 INSURERA.. ACE American Insurance Company 22667 IN5URED INSURER B: Star Insurance Company 10023 Paul Maurer dba Paul Maurer Shows; Paul Maurer Shows LLC 16061 Warren Lane Huntington Beach, CA 92649 - INSURER C INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTSNR TYPE OF INSURANCE AS Lyyyp POLICY NUMBER MM/DD EFF POLICY EXP LIMITS A GENERALLIABILRY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE N OCCUR 620496486 4101/2019i 04/01/2010 __ EACH OCCURRENCE$1J___._000X000 PREMISES (Ea ooa(fDancal $100,000 1 MED EXP (Any one person) $Excluded PERSONAL&ADV INJURY $11000000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ECT X LDG _ PRODUCTS - COMP/OP AGG $2,000000 $ A AUTOMOBILE LIABILITY ANY AUTO,.I NED X SCHEDULED AUTOSAUTOS X HIRED/ X NON -OWNED AUTOS H08133266 I1..�� Reviewed I.1 2105/2015 s 02/05/201 COMBINED cciden SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ Per aceidanl $ UMBRELLA UAB EXCESS LIAe OCCUR CLAIMS -MADE Silvia 7ev s i� n. EACHOCCORRENCE $ - —----_._. 'AGGREGATE $ DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? - I Y1 (Mandatory In NH) describe under If DE CRIPTION OF OPERATIONS aelmv NIA WC0568554 1/01/2015 01101/20161XWC STAITU- OTH- E.L. EACH ACCIDENT $1,000000 1 E.L DISEASE- EA EMPLOYEE $1 000 0O0 E.L DISEASEes, -POLICY LIMIT $1,006,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (AGach ACORD 1M, Additional Remarks Schedule, If more space Is required) Additional Insured: City of Santa Ana, It's officers, agents, employees, representatives and volunteers, and Fiesta do Carnival.; Event Dates: Cesar Chavez Park SEE ATTACHED ADDITIONAL INSURED AND NON-CONTRIBUTORY ENDORSEMENTS Workers' Compensation coverage applies to the statutory requirements of the state of California. Cit of Santa Ana, Parks, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Recreation & Community ACCORDANCE WITH THE POLICY PROVISIONS. Services Agency 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 @ 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S210502/M210499 SALAK Porcywwnber ENC)ORSE Marr ACE Ainedcan lfiduyin,66 Cmh7pany Named Insured Paul Maurer dba Paul Maurer Shows pates'' 04/01/2015 Paul Maurer Shows LLC 12:01 A.M., std ltme Agent Name Agent No, THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND VOLUNTEERS FIESTA DE CARNIVAL, BINDS INVESTMENTS LP, AND DAYTOM ENTERPRISES, INC. ARE NAMED INSURED WITH REGARD TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIONS AND USES PREFORMED BY ON BEHALF OF THE NAMED INSURED. WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS AND USES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED, SUCH INSURANCE AS IS AFFORDED BY THIS POLICY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURED. THIS INSURANCE APPLIES SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT EXCEPT WITH RESPECT TO THE COMPANY'S LMTS OF LIABILITY. TFM INCLUSION OF ANY PERSON OR ORGANIZATION AS AN INSURED SHALL NOT AFFECT ANY RIGHT WHICH SUCH PERSON OR ORGANIZATION WOULD HAVE AS A CLAIMANT IF NOT SO INCLUDED. WITH RESPECTS TO THE ADDITIONAL INSURED, THIS INSURANCE SHALL NOT BE CANCELED, OR MATERIALLY REDUCED IN COVERAGE OR LIMITS EXCEPT AFTER THIRTY- 30 DAYS WRITTEN NOTICE HAS GIVEN TO THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701 EFFECTIVE APRIL 1, 2015 THIS ENDORSEMENT FORM AS PART OF POLICY NUMBER G20496496 ISSUED TO PAUL MAURER DBA MAURER SHOWS, MAURER SHOWS, LLC ,PAUL //PyyA��UL COUNTERSIGNED BY TITLE PRESIDENT INSURANCE COMPANY ACE AMERICAN INSURANCE COMPANY Reviewed by: PAARK�i ttI11ti2} Silvia Cuevas PRCSA(Admin. POLICY NUMBER: OGLG20496496 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement CITY OF SANTA ANA, ITS OFFICERS, AGENTS, CG -2026 EMPLOYEES, REPRESENTATIVES & VOLUNTEERS (If no information is filled in, the schedule shall read: 'All persons or entities added as additional insureds through an endorsement with the term 'Additional Insured" in the title' For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4.a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. LD -20287 (06/06) Company Copy Reviewed by: Silvia Cuevasf PRCSAIAdmin. Authorized Agent Page 1 of 1 POLICY NUMBER: OGLG20496 496 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): FIESTA DE CARNIVAL A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the arts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and wi B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2 If coverage provided to the additional insured Reviewed W is required by a contract or agreement, the insurance afforded to such additional insured c will not be broader than that which you are required by the contract or agreement to $IIVCUeVa g provide for such additional insured. �i PRCSAIA+t� CG 20 26 0413 Q Insurance Services Office, Inc., 2012 Page 1 of 1 Company Copy POLICY NUMBER: OGLG20496496 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement FIESTA DE CARNIVAL CG -2026 (K no information is filled in, the schedule shall read., 'AII persons orentities added as additional insureds through an endorsement with the term 'Additional Insured" in the title") For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4,a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. LD•20287(06/06) company copy Reviewed by: Silvia Cuevas z,��y PRCSAIAdmin Authorized quant Page 1 of 1 CANCELLATION ENDORSEMENT Named Insured Endorsement Number Paul Maurer dba Paul Maurer Shows, Paul Maurer Shows LLC Policy Symbol Policy Number Policy Pariod Effective Date of Endorsement G20496496 04/01/2015 to 04/01/2016 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Paragraph 2. of CANCELLATION (Common Policy Conditions) is replaced by the following: 2. We may cancel this Coverage Form by mailing or delivering to the first Named Insured and the person or organization shown in the Schedule written notice of cancellation at least: a. 30 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. Name of Person or Organization: City of Santa Ana, Parks, Recreation & Comm Services Agency 20 Civic Center Plaza Santa Ana, CA 92701 SCHEDULE Reviewed by'. Silvia Cuevas PRCSA/Admin �I 4'j, .� k A Authorized Agent LD -5W26 (8/95) Page 1 of 1