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HomeMy WebLinkAbout25C - AGMT - CARNIVAL AREA FOR FIESTASREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AGREEMENT AMENDMENT WITH FIESTA DE CARNIVAL FOR A FUN ZONE AREA FOR FIESTAS PATRIAS {STRATEGIC PLAN NO. 5, 5C} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Fiesta de Carnival for the right to provide a Fun Zone area at the Fiestas Patrias event in exchange for $4,200 to be provided to the City, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The September Fiesta event has been a positive event for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents but also visitors from all over Orange County. The purpose of this event is to celebrate Fiestas Patrias through a safe family friendly event to include: live entertainment, food booths, informational booths, merchandise /service booths, cultural exhibits and carnival rides /games over a three -day weekend. The 37th Annual Fiestas Patrias will take place on September 12 — September 13, 2015. In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) recommended that the City host Fiestas Patrias and act as Event Manager. The Event Manager will be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, entertainment, and insurance for the event. City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting an amendment to the agreement with Fiesta de Carnival. Fiesta de Carnival currently provides carnivals at various times during the year at various city parks. This amendment will add to the existing agreement by providing a fun zone area at the Fiestas Patrias event. In exchange for the right to provide the fun zone Fiesta de Carnival will provide the City with $4,200 in revenue. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote 25C -1 Agreement Amendment with Fiesta de Carnival for a Fun Zone Area for Fiestas Patrias September 1, 2015 Page 2 arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Revenues in the amount of $4,200 will be deposited into the Parks, Recreation and Community Services Agency revenue account (no. 01113002 53331) for the 2015 -2016 Fiscal Year. 47 Gerardo M Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT; Francisco Gutierrez, Executive Director Finance and Management Services Agency/,,_- 25C -2 FIRST AMENDMENT TO NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS FIRST AMENDMENT TO NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS is made and entered into this 20r' day of August, 2015, by and between Fiesta de Carnival, a California corporation ( "Promoter "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On February 3, 2015, the City entered into a Non - Exclusive Agreement to Provide Carnivals at City Parks, No. #A2015 -019, with Promoter for a term extending through February 3, 2015 ( "Agreement "), as further specified in that Agreement. B. The parties now wish to amend the Agreement to include the provision of a "fun zone" event by Promoter at the City's Fiestas Santa Ana event to be held on September 12 and 13, 2015, in Downtown Santa Ana. The Parties therefore agree: 1. Section 2, Scope of Services, is amended to include the provision of a "fun zone" event, as described on Exhibit A to this First Amendment, at the City's Fiestas Santa Ana event to be held on September 12 and 13, 2015, hi Downtown Santa Ana. 2. Section 3, Fees/Deposits /Perrnits /Licenses, is amended to provide that Promoter shall pay the City $4,200 in exchange for the right to provide a "fun zone" event, as described on Exhibit A to this First Amendment, at the City's Fiestas Santa Ana event to be held on September 12 and 13, 2015, in Downtown Santa Ana. 3. Except as modified by this First Amendment, the terms and conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B John M. Funk Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager FIESTA DE CARNIVAL Ted Holcomb 25C -3 Exhibit A SCOPE OF SERVICES EVENT: Fiestas Patrias 2015 SERVICE DATE(S): September 12, 2015 through September 13, 2015 COMPENSATION DUE TO CITY: $4,200 DESCRIPTION: Fiesta de Carnival Promotions Company will be supplying the rides and games for the city of Santa Anas 2015 Fiestas Patrias Celebration taking place Sept 12 & 13. The rides will go in the street and small parking lot located on the corner of Bush and 3rd St (see attached map). Rental Fee — Fiesta de Carnival will pay the city of Santa Ana a flat rate of $4,200, Payment will be made at Centennial Park office prior to the show Permits — Carnival will pay whatever permit fees are required for the event Insurance — Carnival will additionally insure the City of Santa Ana on its 2 million dollar general liability policy Setup /teardown — Carnival will setup on Saturday morning at 7:00 am and teardown Sunday night at 11 pm Open Hours — carnival will open at 12 noon and close at 10 pm each night Maintenance — City of Santa Ana will clean street and lot each day Power — City of Santa Ana or Rome Entertainment will provide power to the carnival 25C -4 25C -5 25C -6