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Home My WebLink About25B - AGMTS - CINCO DE MAYOREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE; APRIL 5, 2016 TITLE, AGREEMENTS WITH A -1 PARTY RENTAL, STAGE PLUS, INSURE PROTECTIVE SECURITY AND CHRISTIANSEN AMUSEMENT, INC. FOR THE CINCO DE MAYO EVENT {STRATEGIC PLAN NO. 5, 5C} J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®t Reading ❑ Ordinance on 2 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with A -1 Party Rental for rental of event equipment for the Cinco de Mayo event in the amount of $62,890, which includes a 15% contingency, for a term from April 5, 2016 through May 31, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Stage Plus Event Staging Services for rental of a stage, stage equipment and stage manager services for the Cinco de Mayo event in the amount of $25,832, which includes a 10% contingency, for a term from April 5, 2016 through May 31, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. Authorize the City Manager and Clerk of the Council to execute an agreement with Insure Protective Security for security services for the Cinco de Mayo event in the amount of $23,935.81, which includes a 15% contingency, for a term from April 5, 2016 through May 31, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager and Clerk of the Council to execute an agreement with Christiansen Amusement, Inc. for carnival service rights for the Cinco de Mayo Event in the amount of $32,500, for a term from April 5, 2016 through May 31, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 2513-1 Agreements with A -1 Party Rental, Stage Plus Insure Protective Security and Christiansen Amusement for the Cinco de Mayo Event April 5, 2016 Page 2 DISCUSSION The Cinco de Mayo event has been a positive attraction for the downtown businesses and surrounding neighborhoods. This event attracts thousands of Santa Ana residents and visitors from all over Orange County. The purpose of the event is to celebrate Cinco de Mayo through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games over two days. The 17th Annual Cinco de Mayo Festival will take place on April 30 - May 1, 2016. In 2014, recognizing the great value of the event, the City of Santa Ana, Parks, Recreation, and Community Services Agency ( PRCSA) recommended that the City host the Cinco de Mayo event and act as Event Manager. The PRCSA will continue the responsibilities of the Event Manager for 2016 and be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, and insurance for the event. City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting to enter into agreements with the various vendors listed below for the following services: A -1 PARTY — To provide rental and installation of equipment for the event. The equipment to be rented will include items such as: canopies for vendor booths, food booths, sinks, fences, restrooms, tables, generators, and a backstage area. The equipment will be delivered Friday evening (April 29, 2016) and set up by Saturday morning (April 30, 2016). Cleanup of the equipment will occur Sunday evening (May 1, 2016) and completely cleared by Monday morning (May 2, 2016). Staff had the opportunity to compare services provided by three vendors and is recommending Al Party because of their price and their capacity to handle the diverse booths and various types of equipment the street fair component of this event needs. STAGE PLUS EVENT STAGING — To provide, install, maintain and remove rented stage, ground support systems, audio, lighting, scaffolding, barricades and ramps at 4th Street and 5th Street and Broadway Avenue for the Cinco de Mayo event. The contractor shall deliver the equipment on Friday, April 29, 2016, and start set -up immediately after the closure of the streets. The Contractor will cleanup and remove the equipment Sunday evening and have it completely removed and cleaned up by Monday morning, May 2, 2016. Contractor will also provide stage manager services for Saturday and Sunday. INSURE PROTECTIVE SECURITY — To provide security guard services for the Cinco de Mayo event to be held in downtown Santa Ana from Friday, April 29 through Sunday, May 1, 2016 with the number of security guards and timeframes for service as set forth by the City. After an evaluation of the services provided by prior security companies for previous Cinco de Mayo and Fiesta Santa Ana events, Insure Protective Security was selected to provide services for Cinco de Mayo 2016 25B -2 Agreements with A -1 Party Rental, Stage Plus Insure Protective Security and Christiansen Amusement for the Cinco de Mayo Event April 5, 2016 Page 3 CHRISTIANSEN AMUSEMENTS INC. — To provide carnival service rights for the Cinco de Mayo event from April 30, 2016 to May 1, 2016 . In consideration for providing these exclusive rights to Christiansen Amusement, Inc., the City will receive $32,500 for the event. Christiansen Amusement, Inc. will be obligated to obtain all necessary licenses, permits, approvals, and waivers. 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 arts and culture by partnering with artists groups and merchants to hold events celebrating art in public plaza, parks and other City - controlled open Space). FISCAL IMPACT Funds are available in the PRCSA- Recreation (no. 01113230- 62300) expenditure account for FY 2015 -2016 in the amount of $112,657.81. Additionally, revenue will be deposited in the PRCSA- City Events (no. 01113002 - 53331) revenue account for FY 2015 -2016 in the amount of $32,500. Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. A -1 Agreement 2. Stage Plus Event Staging Services Agreement 3. Insure Protective Security Agreement 4. Christiansen Amusement, Inc. Agreement 25B -3 25B -4 AGREEMENT WITH Al PARTY RENTALS FOR PROVISION, INSTALLATION AND REMOVAL OF RENTAL EQUIPMENT FOR THE CINCO DE MAYO FESTIVAL THIS AGREEMENT is made and entered into this 5t11 day of April, 2016 by and between Al Party Rentals ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. The City desires to retail a Contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing rental equipment for special events such as the Cinco de Mayo Festival that the City is hosting on April 30, 2016 and May 1, 2016 ( "Event "). B.. Contractor represents that Contractor is able and willing to provide such services to the City. C, In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this field and that any services performed by Contractor under this Agreement. will be performed in compliance with such standards as may reasonably be expected from a professional consulting fern in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rental equipment at 41h Street and 5th Street and Broadway Avenue for the Event. Equipment to be provided by Contractor includes, but is not limited to: vendor booths, food booths, canopies, draperies, lights, walls, sand bags, trash cans, fans, coolers, sinks, fences, restrooms, tables, chairs, generators, stages and a backstage area with ftiuniture, as set forth in Exhibit A to this Agreement (the "Equipment "). City may request additional equipment or services during the term of this Agreement. Said request shall be made in writing, executed by the Executive Director to the Contractor, detailing the additional equipment/services to be provided and. requiring an estimate from Contractor as to the cost of such additional equipment /services. Contractor shall deliver the Equipment on Friday, April 29, 2016 and set up by 7:00 a.m, Saturday, April 30, 2016. Contractor will clean up and remove the Equipment on Sunday, May 1, 2016 at the conclusion of the Event and have it completely removed and cleaned up by 6:00 a.m. Monday, May 2, 2016. Exhibit I I 25B -5 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Sixty Thousand One Hundred Fifty -Six Dollars, $62,890. This amount is comprised of (1) the sum of $54,687 and (2) a contingency of up to $8,203 for additional services as may be performed by Contractor at the sole discretion of City. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accomlting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2016 „unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern of this Agreement, be constmed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to tuidertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, inclining death resulting therefrom and damage to property, resulting from any act or occurrence axi,sing out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per 2 25B -6 occurrence and $2,000,000 in the aggregate. Contractor shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City of Santa Ana. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles, c. Worker's Compensation Insurance. In accordance with file California State law, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractors 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. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force tend. paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just cormpensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is clue by reason of the terms of or effects arising from this Agreement. 3 25B -7 This indemnity and hold harmless agreement. applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic cominamication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 With copies to: and Santa Ana, CA 92702 -1988 Fax: (714) 647-6956 Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571-4221 r City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P,4. Box 1988 Santa Ana, California 92702 Fax: (714) 647 -6515 To Contractor: Al Party Rental 251 E. Front Street Covina, California 91723 Phone: (866) 217 -2789/ Fax: (626) 967 -7572 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time,frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the teens and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 5 25B -9 12. TERMINATION This Agreement may be tenminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 19. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any services performed under this Agreement. Contractor affirms that it is an equal opportunity employer uid shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Bath parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns 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. 25B -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huiizar Clerk of the Council APPROVED AS TO FORM: J61m Funk Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Al Party Rentals Name: Title: Tax ID# 7 25B -11 PARTY EXHIBIT A CELEBRATE WITH STYt.IF 251 E FRONT STREET P 866.217.2789 COVINA, CA 91729 A'iPARTYRENTAL.COM F 626.967.7572 CITY OF SANTA ANA PARKS &, REC 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 Ordered By: BILL SANDOVAL Salesman: RENE MARTINEZ Delivery and Pickup Job Oescr: SANTA ANA -- 2016 Status. Quote Quote #: g14296 Event Beg: Fri 4/29/2016 9:OOAM Event End: Sun 6/ 1/2016 9:30PM Operator: Herrera, Valerie Delivery: Fri 4/29/2016 9:OOAM Contact: BILL SANDOVAL Pickup Date: Sun 5/ 1/2016 9:30PM Phone: 714- 571 -4227 Location: SANTA ANA Used at Address: 4TH & 5TH ON BRAODWAY ; SANTA ANA, CA 92707 Delivery Notes: DELIVERY: FRIDAY 4129 7PM MUST BE READY BY 7AM PICK UP: SUN 5/1 BE THERE AT 9:30PM $5.00 NOTE: NEED TO TAKE THE MULE $175.00 - CUSTOMER IS RESPONSIBLE FOR ALL NECESSARY PERMITS REQUIRED FOR CANOPIES AND ELECTRICAL. CUSTOMER IS RESPONSIBLE FOR ALL SAFETY 22 23 28 160 35 3 1 1 86 Be 181 30 30 75 10 15 12 48 Itsms Ranted Disc Amt I Disc VENDOR BOOTHS BOOTHS CANOPY, 10'X10', PAGODA, GREEN / VUrIITE »> 22- 10% IV X 8' GREEN & WHITE PAGODAS «< CANOPY, 10'X10', PAGODA, REDIWHT s» 23- 10% 10' X S' RED & WHITE PAGODAS<.ea CANOPY, 10'X10, PAGODA, WHITE >a> 28- id X10' WHITE PAGODAS eea MUST BE INSTALLED ON LEVEL GROUND CANOPY, HARDWARE, BASE STEEL SIDEWALL, 8'X10', WHITE SIDEWALL, 8'X10', MESH WINDOW WHITE #6 BOOTH SIDEWALL, 8'X19, MESH WINDOW WHITE #6 BOOTH SIDEWALL, 8'X10', MESH WINDOW WHITE #49 BOOTH TABLE, 8' X 30" 1 PER BOOTH - -- 12 HGAG HOSPITAL MUST BE INSTALLED ON LEVEL GROUND. KWIK COVERIFWHITE COVERS FOR VENDOR TABLES CHAIR, SAMS, IVORY 2 PER BOOTH - -33- HOAG HOSPITAL MUST BE INSTALLED ON LEVEL GROUND. 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS LIGHT, 20OW QR78 ELEC, CORD 25' LIGHT, STRING FESTIVAL YELLOW 15 -- STRINGS ELEC, CORD 60' ELEC, CORO 25' GREENCORDS FOOD BOOTHS CANOPY, 10'X10, PAGODA, WHITE »> 6 -- IVX 20' X B' G'� MUST BE INSTALLED ON LEVEL GROUND. CANOPY, HARDWARE, BASE STEEL Store Hours Mon Fri 900a -5:00p Sat t0:00e -2:OOp POn1oJ On Tne 31812006 43140nM npa,dre Cry Painbo ,4o1- �enlaLaom Each Price $80.00 $1,760.00 $80.00 $1,840.00 $80.00 $2,240.00 $2.00 $320.00 $5.00 $175.00 $27.50 $82.50 $T.7.50 $27.50 $27.50 $27.50 $8.70 $748.20 $3.951 $339.70 $1.001 $181.00 $2B6.00 $165.00 $562.50 $0.00 $0.00 $960.00 $2.001 $96.00 I l - -� Modification tE 5 connrsr - Pnmmc.rpt (14) Quote #: g14296 CITY OF SANTA ANA PARKS & R' XTTT Page 2 of 6 Qty Items Rented Disc Amt /Disc% Disc% owe. ._..___...._,.�....,m Each Price 45 FENCE, PICKET 3'X8' WHITE $15.00 $675,00 90 DRAPERY, HARDWARE, 3' UPRIGHT $0,00 $0.00 9 CANOPY, HARDWARE, BASE STEEL $0,00 $0,00 24 LIGHT, 200W QRTS $9,50 $226= 17 ELEC 30AMP OUTLET $35.00 $595.00 8- US ARMY & FOOD BOOTH 9 SIDEWALL, 6'X20' MITE PTM TAFF $0.00 $0.00 FOR FOOD BOOTHS HOT & GOLD SINKS 900 SPECIALTY PARTY EQUIP $1,75 $1,675.00 » 900'FENCE FOR MAIN STAGE- FREE STANDING FENCE «< INSTALL FENCE AT4Am 85 CANOPY, HARDWARE, SAND BAGS $3.00 $265.00 26 SIDEWALL, 8'X20' WHITE PTM TARP $20.00 $500.00 »> SCREENING FOR FENCE «< >ss 500 OF V HIGH PTM TARPS «< 1 DELIVERY I PICKUP $800,00 $800,00 DELIVERY I PICKUP FOR RESTROOMS & SINKS 1 LABOR $3,600.00 $3,600.00 RESTROOM SERVICE - -• INCLUDES SAT AM (CARNIVAL AREA) &SUNDAY - -- COMPLETE PUMP OF WASTE TANKS AND REFILL WITH FRESH WATER FOR SINKS 3 SPECIALTY SINK HOT &COLD $SWAG $1,800,00 »> 3 -3 COMPARTMENT HOT /COLD SINKS SELF CONTAINED e« 12 SPECIALTY PARTY EQUIP $100.00 $1,200.00 12- EXTRA WATER TANKS - -4 PER SINK 33 SPECIALTYTOILET $80,00 $2,640,00 8- FOR SAPID 3 SPECIALTY TOILET ADA - $125.00 $376.00 7 SPECIALTY SINK COLD $60.00 $420.00 »> 7 -TWO STATION COLD SINK «< ( 1.0 4TH & SPURGEN FOR SIERRA MIST) 4 SPECIALTY SINK HOT &COLD $256.00 $1,020.00 » >4- HOT -& COLD SINKS <« 6 CANOPY, 10'X10, PAGODA, WHITE $80,00 $480.00 »> 3 -10'X 20'X 8' PAGODAS =- OVER HOTICOLD SINKS «< MUST BE INSTALLED ON LEVEL GROUND, 24 CANOPY, HARDWARE, BASE STEEL $2,00 $48,00 8 SIDEWALL, 8'X20' WHITE $30.00 $240.00 8- 30' SECTIONS 8 SIDEWALL, 8X101, WHITE $10.00 $80,00 6 LIGHT, 200WORTS $11.00 $66,00 6 ELEC, CORD 25' $DO0 $0,00 6 TRASH CAN, STANDARD RD 32 GAL W /LINER $10.86 $65,10 SUPPPORT 3 SPECIALTY PARTY EQUIP $20.00 $60.00 GREASE BARRELS - - -1 AT EACH 3 COMPARTMENT SINK - -1 AT EACH 10X20 CANOPY 4 91DEWALL, 8'X10', WHITE PTM TARP $20.00 $80,00 » F61R UNDER GREASE BARRELS «< 1 SPECIALTY FORKLIFT $1,200,00 $1,200.00 MAIN STAGE _. v.. 7 TABLE, ROUND, 30" $8.50 $59.5D MUST BE INSTALLED ON LEVEI- GROUND, 7 TABLE, CKTL, 42" LEG $2.50 $17.50 3 LINEN, RED, GARDEN, 120" $14,50 $43.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN, 3 LINEN, KELLY, GARDEN, 120" $14,60 $43,50 1 LINEN, WHITE, GARDEN, 120" $14.50 $14.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN. 21 CHAIR, BARSTOOL, BLACK SWIVAL $9.00 $189,00 2 COOLERS, ICE CHEST, IGLOO 150 OT. $16.00 $30,00 2 FAN, 30" PEDESTAL $20.00 $60A0 6 TABLE, 8'X 30" $6.70 $52,20 MUST BE INSTALLED ON LEVEL GROUND. 2 LINEN, RED, TBLDRP, 3' $19.00 $38,00 2 LINEN, KELLY, TBLDRP, 8' $19.00 $36.00 2 1 LINEN, WHITE, TBLDRP, 8' $19,00 $38.00 Store Hours Mon - FA 9:00a -5:00p Set 10:00a -210Dp . Modification # 5 Prinetl an TwU 31=01837,40PM 6uawcr bypenbabR �� R fent,em Conlraol Params,rpt(14) Quote #: 04296 CITY OF SANTA ANA PARKS & t x . ,� -- Page 3 of 5 Qty Items Rented N�rr m__...�..._.. Disc Arnt /Disc% � � Disc% Each Price 800 ASTRO TURF, BLACK SO. FT, T _ ry $0.46 $304.00 »> 20'X40' «< 1 CANOPY, 20'X20', EXPANDABLE, WHITE, KWIK $220.00 $220.00 20'X 40'X T WHITE CANOPY 1 MIDDLE, 20'X20', WHITE $209.00 $209.00 0 CANOPY, HARDWARE, WATER BARREL 65GAL $15.00 $90.00 6 CANOPY, HARDWARE, WATER BARREL COVER 65G $5.00 $30.00 66 CHAIR, SAMS, IVORY $1.60 $105,60 SET UP IN FRONT OF STAGE -- 3 ROWS OF 22 -- MUST BE SET UP & 21PTIED MUST BE INSTALLED ON LEVEL GROUND, 9000 ALL CHAIRS 8, TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 280LBS DRESSING ROOMS 1 CANOPY, 10'X20', EXPANDABLE, WHITE, KWIK $165.00 $165.00 »> 1. I UX3XX E' W(4 WALLS « < 1 MIDDLE, 10'X10'WHT KWIK $82.50 $82.50 6 CANOPY, HARDWARE, BASE STEEL $2.00 $1206 80 SIDEWALL, 8' WHITE $0.50 $40.00 »> 4.20' SECTIONS «< 6 LIGHT, PAR -CAN 40 BLACK 20OW $16.00 $90.00 6 LIGHT, PAR -CAN COLOR JELL $0.00 $0.00 PEACH JELLS 20 TABLE, 6' X 30" $7.00 $140.00 20 KWIK COVER /6'WHITE $2.00 $40.00 DRESSING ROOM TABLES 4 SPECIALTY TOILET $80.00 $320.00 2 SPECIALTY PARTY EQUIP $60.00 $120.00 2- TWO STATION HAND WASHING SINK 60 CHAIR, SAMS, WHITE $190 $60.00 »> STAGE AREA «« MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 3 MIRROR, WARDROBE NATURAL WOOD $5.00 $15.00 1 LADDER 6' $0.00 $0.00 1 CLOTHES RACK $16.65 $16.65 30 SPECIALTY PARTY EQUIP $0.00 $0.00 30--HANGERS ELECTRICAL. / POWER 1 GENERATOR, 125KVA MQ POWER WHISPERWATT $600.00 $600.00 1 GENERATOR,70KVA MQPOWER WHISPERWATT $600.00 $500.00 1 SPECIALTY PARTY EQUIP $600.00 $600.00 »> 1 - 70KVA GENT'S «< 15 ELEC 20AMP OUTLET $35.00 $525,00 8.20 AMP OUTLETS ( DISNEY) 10 ELEC 30AMP OUTLET $50.00 $500.00 220 AMP OUTLET FOR SAPID 4 ELEC, 50AMP TNIS7LOCK W 1 50AMP $100.00 $400.00 50 AMP OUTLETS 220 VOLT I ELECTRICAL DISTRIBUTION SYSTEM $3,800.00 $3,000.00 » 136 - 20 AMP OUTLETS «< »> STAGE POWER HOOKUPS «< »> 40 AMPS PER FOOD BOOTH <e< 100 ELEC, 7 CABLE RAMP 5 CHANNEL $12.00 $1,200.00 1 FUEL FOR GENERATORS $2,500.00 $2,500.00 »> COST TO REFUEL GENERATORS «<FINAL T.B,Q. 32 SPECIALTY PARTY EQUIP $33.00 $1,056.00 >>> 32 - WALKIE TALKIES W/ HEADSETS & BATTERIES & CHARGER«< 4 LABOR $700.00 $2,800.00 »> (2) A MEN SAT SAM. PPM NEED MULE «< »> (2) Al MEN SUN 8AM - BPM NEED MULE «< 2 ELEC, 60AMP NWISTLOCKW /50AMP $80.00 $160.00 -- FOR MANNY -- Al USE Store Hours Mon - Fri 9:00e-5:00p Sat 10:008 -2:00p Modlflcatlon # 5 �� PrIntod On TUG 318120164:87:40PM Software by Polak 0h al 1.mnr.aom Contra ct- Params.rpt(14) Quote #: g142S6 CITY QP SANTA ANA PARKS & IREC Page 4 of 6 Qty Items Ranted_ _ Disc Amt / Disc% Disc %� Each Price 80 FENCE, CHAIN LINK &H X 10'W $1.00 $80.00 »> 80' OF e' HIGH FENCE «< CHECK IN 4th & BROADWAY 1 CANOPY, 10'X10, PAGODA, WHITE $80.00 $80.00 MUST BE INSTALLED ON LEVEL GROUND, 4 CANOPY, HARDWARE, BASE STEEL $2.00 $8.00 1 TABLE, 8' X 30° $8.70 $8.70 MUST BE INSTALLED ON LEVEL GROUND, 1 KWIK COVER /8'WHITE $2.00 $2.00 CHECKIN 4 CHAIR, SAMS, IVORY $1.00 $4.00 MUST BE INSTALLED ON LEVEL GROUND, 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS STAGE- CITY COUNCIL 40 CHAIR, SAMS, WHITE $1.00 $40.00 IN FRONT OF STAGE DROP OFF ONLY MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS BEER GARDEN i CANOPY, 40'X40', EXPANDABLE, REDANHT KWI - $860.00 $880.00 40'X 40' X 10' RED & WHITE CANOPY 4 LIGHT, HI BAYS 400WATT $50.00 $200.00 8 CANOPY, HARDWARE, WATER BARREL 55GAL $15.00 $120.00 8 CANOPY, HARDWARE, WATER BARREL COVER 650 $5.00 $40.00 COMMAND POST 4 TABLE, V X $0" $8.70 $34.80 MUST BE INSTALLED ON LEVEL GROUND, 12 CHAIR, SAMS, WHITE $1.00 $12.00 MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS - -- GREEN ROOM #1 - -- 1 CANOPY, 15'X15', REGULAR, WHITE, KWIK $170.00 $170.00 I- 15'X 15'X & WHITE CANOPY 4 CANOPY, HARDWARE, BASE STEEL $2.00 $8,00 3 SIDEWALL, 8'X20' WHITE $20,00 $60.00 4 LIGHT, LED PAR -CAN $35.00 $140.00 2 ELEC, CORD 50'MULTI BLACK $0,00 $0,00 2 CHAIR, POLIWOOD, WHITE $2.60 $5.20 225 ASTRO TURF, BLACK SQ. FT. $0,48 $108.00 1- 15'X 15' TURF 225 ASTROTURF, LABOR INSTALL SQ /FT $0.15 $36,00 1 TABLE, V X 50" $8.40 $8.40 1 LINEN, BLACK, TBLDRP, 6' $19.25 $1225 1 COOLER, EVAPORATIVE OSCILLATING $250.00 $250.00 1 ELEC, CORD 3V $0.00 $0.00 1 WATER HOSE 100' $0.00 $0.00 2 LOUNGE, LOVESEAT, WHITE, $137.50 $275.00 1 TABLE, COFFEE WHITE 35 "X22" $38.50 $38,50 1 TABLE, SIDE WHITE 22 "X22" $30.00 $30.00 - -- GREEN ROOM # 2 - -- 1 CANOPY, 15'X15', REGULAR, WHITE, KWIK $170.00 $170.00 1- 15'X 15' X & WHITE CANOPY 4 CANOPY, HARDWARE, BASE STEEL $2.00 $8,00 3 SIDEWALL, 8'X20' WHITE $20.00 $80,00 4 LIGHT, LED PAR -CAN $35.00 $140.00 2 ELEC, CORD 50'MULTI BLACK $0.00 $0.00 Store Hours Man- Fr19:00a -5:00p Set 10:00a -2:OOp � Printod On Tue 31 0I80IS 487:40PM od"ao by PoinbCFRe2 j- renlal,cnm Modification 9 5 Contra0t- Panrn,.rpt(14) Quote #: 814296 CITY OF SANTA ANA PARKS & KTTTRTT A Page 6 of 5 Qty Items Rented ... � Disc Amt Disc% Disc %a m � Eacit $54,686.73 �. 2 LOUNGE, SECTIONAL, WHITE, _.....��.� $300.00 _Price $600.00 1- SET FOR EACH GREEN ROOM 2 LOUNGE, SOFA, WHITE, LEATHERETTE $0.00 $0.00 2 LOUNGE, SOFA, WHITE, LEATHERETTE, MID $0,00 $0.00 2 LOUNGE, SOFA, WHITE, LEATHERETTE $0.00 $0.00 2 LOUNGE, SOFA, WHITE, LEATHERETTE $0.00 $0.00 2 LOUNGE, SOFA, . WHITE, LEATHERETTE $0.00 $0,00 2 TABLE, COFFEE WHITE 35 "X22" $26.00 $50.00 225 ASTRO TURF, BLACK SQ FT.. $CAB $108.00 1 -15' X 15' TURF 225 ASTRO TURF, LABOR INSTALL S0/FT $0.16 $36.00 1 COOLER, EVAPORATIVE OSCILLATING $250.00 $250.00 1 ELEC, CORD 50' $0,00 $0.00 1 WATER HOSE 100' $0.00 $0.00 2 TABLE, ROUND, 30" $9.35 $18.70 MUST SE INSTALLED ON LEVEL GROUND. 2 TABLB, CKTL, 30" LEG $0,00 $0.00 2 LINEN, BLACK, GARDEN, 90" $10.75 $21.50 8 CHAIR, POLIWCOD, WHITE $2.60 $20.80 4 TREE, PALM T, ARECA ARTIFICIAL $0,00 $0.00 1 SAFETY PACKAGE, CANOPY $303.10 $303.10 3 CANOPY, HARDWARE, SIGN, EXIT LIGHTED $0.00 $0.00 3 ELEC, CORD 25' - $0,00 $0.00 3 CANOPY, HARDWARE, SIGN, NO SMOKING,NOLIT $0.00 $0.00 25 CANOPY, HARDWARE, FIRE EXTINGUISHER - $0.00 - $0.00 $100,00 REFILL FEE WILL BE CHARGED IF EXTINGUISHER IS DISCHARGED. 1 Delivery/Pickup $600.00 $600.00 1 LABOR $1,200.00 $1,20000 FRIDAY NIGHT INSTALLATION & SUNDAY PICKUP This is a Quote Only. Thank you for the opportunity to assist you on your special event we greatly appreciate your business. By signing this quote you agree and acknowledge the Reservation Policy and Terms & Conditions, Quotes are valid for up to 30 days, price are subject to change at any time. Thank you Signature: CITY OF SANTA ANA PARKS & REC Store HDurs Mon - Fri 9;00a-5:00p Sat 10:00a- 2:00p�� Primed en Tuee181201e 4:37:40PM sortwaro by Polnt-o I.I,bf- ,rt,,I0bM Rental: $46,908.70 CA BUS: $3,112.98 Sales: $3,553.70 Delivery Charge: $800.00 Subtotal: Sales Tax: $313.35 Total: $54,686.73 Paid: $0.00 Amount Due: $54,686.73 Modification # 5 Cantn"t- Pdren,a.fpl(14) AGREEMENT WITH STAGE PLUS EVENT STAGING SERVICES FOR PROVISION, INSTALLATION AND REMOVAL OF STAGE EQUIPMENT FOR CINCO DE MAYO 2016 EVENT THIS AGREEMENT is made and entered into this 5th day of April, 2016 by and between Stage Plus Event Staging Services ("Contractor'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing stage equipment for the Chico de Mayo event that the City is conducting on April 30 and May 1, 2016 ("Event"), B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the perforau -mce of this Agreement, Contractor represents that it is knowledgeable in this field and that any services performed by Contractor tinder this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rented stage, ground support systems, audio, lighting, scaffolding, barricade and ramps (collectively the "Equipment ") at 4 Street and 51 Street and Broadway Avenue for the Event, as set forth in Exhibit A to this Agreement, Contractor shall deliver the Equipment on April 29, 2016, and start set -up immediately after the closure of the streets. Contractor will clean up and remove the Equipment on Sunday evening, May 1, at the conclusion of the Event, and have the Equipment completely removed and cleaned up by 6:00 a.m., Monday, May 2, 2016. Contractor will also provide stage manager services on April 30 and May 1. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total stmt to be expended under this Agreement shall not exceed Twenty -Five Thousand Eight Hundred Thirty -Two Dollars ($25,832.00). This amount is comprised of (1) the sum of $23,484 and (2) a 10% contingency of up to $2,348 for additional services as may be performed by Contractor at the sole direction of City. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Exhibit 2. 256 -17 T This Agreement shall commence on the date first written above and terminate on May 31, 2016, unless terminated earlier in accordance with Section 12 below. The term of this Agreement may extended upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a mummer consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with California state law, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the perfoornance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with lhnits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2 25B -18 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to. notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6, INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees. (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation,. claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted while performing the work (including the negligent and/or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified. parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indeturnification to be provided by the Contractor. 7. CONFIDENTIALITY If Contractor receives from the City information which dine to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agrminent, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. S. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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 256 -19 certified n ail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571 -4221 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Contractor: Stage Plus Event Staging Services 2330 S. Susan Street Santa Ana, California 92704 Facsimile: (714) 241 -0185 Phone: (714) 390 -4563 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, cornmtmication shall be effective or deemed to have been given twenty - four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, Comity or City holidays shall be excluded. 10, EXCLUSIVITY AND ANILNDMENT This Agreement represents the complete and exclusive statement between the City and Contractor with respect to the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 25B -20 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. NON- DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age; national origin, ancestry, orAisability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any services performed vender this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties farther agree that Orange Corulty, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each Lundersigned represents and warrants that its signature horeinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. -- signature page follows- - 259 -21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first alcove Written. ATTEST Maria D. Iluizar Cleric of Council APPROVED AS TO FORM Im M. Funk Assistant City Attorney RECOMMEND FOR APPROVAL: Gerardo Monet, Executive Director Prinks, Recreation & Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR Name: Title: 6 25B -22 EXHIBIT A 25B -23 S IB.-.rOrIT'r S�.A.42UM V- 2330 S. Susan St, Santa Ana, CA 92704 (714)2410184 (714) 528-3891 (714) 2410185 FAX BILL TO; Gerardo Monet (lema Ramirez Parks, Recreation, and Community Services Agency City of Santa Ana 714-571-4204 Tel 714-5714227 Tel 714- 486 -4732 Cell t3Mouet*mata annorg gramirozosanta- anaorg SHIP TO: Fiesta Patt'las Downtown Santa Ana, CA SALES PERSON: ME I DATE OF ORDER. 4130 - 511116 WNIENT TERMS: Set i7)r TBD Aff D Opffflangm Stagre, Plum TBV En 2800161 INVOICE DATE 31866 rrEM NO. QrY, DESCRIPTION — _ SOUND WIN SrAGO 1 Sound Graft 8132 ch Console (FOW 1 [hive Rack 1 Snake wl monhor split 12 Ev Cobra Line Array (mid/! W 12 EV Cobra Dual Z' subs 1 Monitor t8i (d" mtx) 1 $sand Craft 8132 Console (Monitors) 6 ]Floor Moa$or 1 Drum Fill Monitor 2 Side Fill 1 Work Box Wireless Mrs 4 Sum rs 1 we kg 1 M4 pkg pkg 1 CD player 2 Enflam 1 Tee 1 &Idn sl 40 x 32 x 3I stage 2 stair unit 1 Skirting front of step 1 Stags rails tartt, dght &I= 1 Fire Exdugatcher AS 1 40 x 32 x Wh Self Melling Roof (4 tower) 1 40 x 32 Mash Cover (Black) Anchor Fkg (4. 4¢100 b bafeat) 1 LI bk ogPC t bWolole 12 OLF LED wabes :.Ar 12 575 spots (M End) 1 Cable F4, 1 DWm n 24 Source 4 par 1 Dimmer Pk� .,� 1 Go16r clef 6F -g. Backlim 1wraments 1 Yamaba stage Custom Drum set N 1 Nader Tt& (z star Amp �. 1 (FM (4x10) Bass Amp papa 1 of 3 25B -24 Sw% TIM �.W� ffi"Il'.e�G9II8+d2� 376IIi,�II�.^II35: 2330 S. Susan St, Santa Ana, CA 92704 28(3916 -1 (714)241-0184 (714) 528-3891 (714) 241-0185 FAX I M NO, QTY, DESCRUMON 1 12 Panel UD YrttW 8mm, SoAd wall 1 Camera 1 DVD Playback 1 Video Swltch 1 Rigging Pkg 1 Mfivory,%t up & Pick -up 1 I Building & Safety Permit (No Fee4 1 Stage Manager Ga "Un) 1 A Nrklift Woo edge 2 & 3 25B -25 2330 S. Susan St, Santa Ana, CA 92704 280916 -1 (714)241,:0184 (714) 528 -3891 (714) 241-0185 FAX 4114M, Z5.1A, &S 2330 S. Susan St, Santa. Ana, CA 92704 (714)241 -0184 (714) 528-3391 (714) 241-0185 FAX BILL TO, Gerardo Wad Executive Director Parks, Recreation, and Community Services Agency Cityty o�f Santa Ana 714y 1-4204 TeI 714- 4$6.4732 Cel SHm' TO Fiesta Patrias Downtown Santa Ana, CA SALES PERSON NH ATB F RDER: 4 - p!1 PAYMENT TERMS: TBD Iset-UN TBD MBIHM OF a Plus I Tear Down: TBD E DAM M PTEM NO QTY. J5 1 4W'w X 30"6 $ 350.00 1 7rW x 37A II Left $ 56200 1 7rw x 37A'6 Right $ 567.00 SUB TOTAL; TAX: SHIPPIh1O ; YOU PAY THIS AMOUNT; d. o —d. I 25B -28 AGREEMENT WITH INSURE PROTECTIVE SECURITY FOR SECURITY SERVICES FOR CINCO DE MAYO FESTIVAL THIS AGREEMENT is made and entered into this 5 "' day of April, 2016 by and between Insure Protective Security ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing raider the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of security guard services for the Cinco de Mayo Festival that the City is hosting on April 30, 2016 and May 1, 2016 ( "Event"). B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Contractor shall provide security guard services for the Event to be held in downtown Santa Ana on Saturday, April 30, 2016 and Sunday, May 1, 2016, with the number of security guards and timeframes for service as set forth in the Contractor's schedule, attached hereto and incorporated herein as Exhibit A, 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended render this Agreement shall not exceed Twenty Three Thousand Nine Hundred and Thirty Five Dollars and Eighty One Cents, $23,935.81. This amount is comprised of (1) the sum of $20,813.75 and (2) a contingency of up to $3,122.06 for additional services as may be performed by Contractor at the sole discretion of the City. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject, to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Exhibit .3 25B -29 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2016, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4, INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services, Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Contractor shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City of Santa Ana. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 25B -30 c. Worker's Compensation Insurance. In accordance with California State Law, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6, INDEMNIFICATION Contractor agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief clue 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. 25B -31 CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the mariner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: 714 -647 -6956 With copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Fax: 714 - 571 -4221 25B -32 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714 -647 -6515 To Consultant: Insure Protective Security Attn: David Sayed 6 Hutton Centre, Suite 600 Santa Ana, California 92707 Phone: 888 -315 -3319 Fax: 888 -778 -4463 A party may change its address by giving notice in writing to the other party, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above, For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCILUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement said any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Ili ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25B -33 12. TERMINATION This Agreement niay be terminated by the City upon fourteen (14) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services Performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such pruposes as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. NONDISCRIMINATION Contractor shall not, diseritninate 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 or in connection with any services perforned raider this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties farther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15, PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for termination of this Agreement, 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall 25B -34 indenvufy City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: J n Fin! Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet, Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager INSURE PROTECTIVE SECURITY David Sayed President 25B -35 EXHIBIT A Private Erivate Sopurity Requirements/Deolovinent 2016 Cineo de Mayo The City of Santa Ana is requiring the following minimum staffing levels for your event. Security guards are not to carry weapons, batons, or tear gas. Security- guards are to report onikto the Santa Ana Police Department Sgt. in charge of the event. Festival Private Security: iPS Moetai Masina (714) 824 -2229 Security Guard Requirements: Security Company must be approved and certified by Santa Ana Police Department, and all guards must be properly trained and with a certified guard card. Guard cards must be turned in to the Police Department a weelc prior to the event. Friday, April 29.Carnival • 4:30 pm to 1.1:30 pm, 1 Guard Third/French, 1 Guard Spurgeon/Fourth, 1 Guard Bush/Fourth, 1 Guard Main/Third, 1 Guard Third/Bush. Full fencing to be provided at Bush acrd Fourth and Spurgeon and Fourth Friday night starting at 7 p,m, I Friday, April 29 • 8:00 pm to 11:45 am, 1. Guard for Beer Garden. Beer Gardens at4Vrench • 11:59 pm to 8:00 am, 3 Guards total - 2 rovers, 1 at stage to protect stage and insure the integrity of the street closures. 1 Guard at Carnival to protect items in the area. Saturday, April 30 • 8:00 am, Roll call at stage - Fourth and French • 8:00 am to 12:30 am, 1 guard each: Maintain integrity of barricades, vehicles only enter at Main and Fifth. Vehicles exit at Bush and Fifth and Third anal. French. 25B -36 EXHIBIT A 11:30 am all vehicles off of streets. 11 total guards street closures • Fourth and Sycamore • Alley at Sycamore and parking structure. Allow church staff access to alley. No vehicle access, • Fifth and Main, Main entry • Fifth and Bush: Vendor Exit • Fifth and French - No Food vendor entry, Fourth and Mortimer - north of stage - No pedestrian standing or vehicles allowed on Mortimer adjacent to the stage VIP Parking only City Council- Bilingual Guard required • Fourth and Minter - at barricades and to escort garage repair facility traffic in and out, • 'Third and French: vendor exit only, Exceptions allowed to park or enter: Robert Escalante Packard Custom Auto Service, Ray Rangel -- R &R Sportswear, Juana Sanchez -- Festival Hall, Fire volunteers, City Council, security staff, Parks and Rec staff must have placard, • 'Third and Bush: To monitor lofts to insure no illegal activity, monitor DGWB parking lot barricades - only DGWB employees and Loft residents allowed to park. • Second and Main : monitor Rite aid driveway and First and Main: No vehicle entry, Monitor Second and Sycamore • 'Third and Main to monitor lofts, Guards are to stay positioned st the locations all day • 11:00 am to 10:30pm12 Guards - south walkway adjacent to stage at Fourth and Mortimer 1 at each end to keep pedestrians moving. 2 guards north walkway to keep sidewalk clear. • 11:00 am to 12:00 am, 1. Guard middle of street on Bush mid -way between First and Third, 1 Guard middle of street on Spurgeon north of shopping center driveway to allow only Loft residents to park, North of road closed signage, Loft residents to have placard, 25B -37 EXHIBIT A • 11:00 am to 10:30 pm, 4. guards at stage. 2 front, 1 rear entry, 1 catwalk « No impromptu autograph sessions, no tossing of items from stage - notify Police Command post if occurs • Rovers: 11:00 am to 12:30 am, 1 Supervisor, 4 Rovers. Supervisor to have radio • ** *Watch for gang members especially inthe carnival area • Monitor booth activity - lines from wheel of fortune bloeldng pedestrian paths, amplified sound, illegal vendors. Monitor all.oybarricades • Once each hour to patrol adjacent parking garages at Third/Birch, Third/Broadway, Fifth/Main, Fiesta marketplace • Monitor Carnival area • 11:45 am to 2 p.m, Boor Garden: 2 Guards 2 p.m, to • '10:00pm, Beer Garden: 5 guards (I each entry, 2 along fence, 1 rover) Foruth/Frenoh • 12:00 am to 8:00 am: 3 rovers, I stage guard. I Guard for the Boor Garden. 1 Guard at Carnival to protect items in the area. Sunday, May 1 • 8:00 am to 10:30pm, I guard each: Maintain integrity of barricades, vehicles only enter at 5th and Main. Vehicles exit at Bush and Fifth and 'Third and French. 11:30 am all vehicles off of streets. 11 total guards street closures • Fourth and Sycamore: Alley at Sycamore and parking structtare. Allow church staff access to alley, No vehicle stopping to drop off equipment. • Fifth and Main: Main entry • Fifth. and Bush: Vendor Exit • Fifth and French -No Food vendor entry, • Fourth and Mortimer - north of stage -No pedestrian standing or vehicles allowed on Mortimer adjacentto the stage VIP Parking only City Council - Bilingual Guard • Foviai and Minter - at barricades and to escort garage repair facility traffic in and out. • Third and French: vendor exit only, Exceptions allowed to pant or enter: 'Third and French: vendor exit only, Exceptions allowed to park or enter: Robert Escalante Packard Custom Auto Service, Ray Rangel — R&R 11- 13¢11ana Sanchez — Festival Hall, EXHIBIT A Fire volunteers, City Council, security staff, Parks and Rec staff must have placard, • Third and bush: To monitor lofts to insure no illegal activity, monitor DOWD parking lot barricades - only DGWB employees and Loft residents allowed to park. Bilingual Guard • Second and Main: monitor Rite aid driveway and First and Main: No vehicle entry, Monitor Second and Sycamore, • Third and Main to monitor lofts, • • �•, •.M. • .� i 110 • * 11:00 am to 10:00 pm, 1 Guard middle of street on Bush mid -way between First and Third, 1 Guard middle of street on Spurgeon north of shopping center driveway, to allow only Loft residents to park north of road closed signage, Loft residents to have placard. * 11:00 am to 10:00 pit, 2 Guards - south walkway adj acent to stage at 'Fourth and Mortimer 1 at cacti end to keep pedestrians moving. 2 guards north walkway to keep sidewalk clear. * 1.1:00 am to 10:00 pm, 4 guards at stage. 2 in front, 1 rear entrance, 1 at Cat Walk. No impromptu autograph sessions, no tossing of items from stage, Notify Police Command post if observed • 11:45 am to 9:00 pm: Beer Garden - 5 guards ( 1 each entry, 2 along fence, 1 rover) Fourth/French * Rovers: 11:00 am to 11:30 pm, 1 Supervisor, 4 Rovers. • Supervisor to have radio, Monitor booth activity - lines from wheel of fortune blocking pedestrian paths, amplified sound, illegal vendors and monitor alley barricades. • Once each hour to patrol adjacent parking garages at Third/Birch, Third /Broadway, Fifth/Main, Fiesta marketplace • * **Watoli for gang members especially in the carnival area • 11:45am to 2pm. Beer Garden: 2 Guards, 2pm to 9pm, Beer Garden: 5 Guards (1 each entry, 2 along fence, 1 rover) Fourth /French. • Monitor Carnival • Additional duties: Each night, rovers will assist Police and Fire Departments with shutting down cooking booths, Sat. 9:00prn, Sun 8:00pnn • Assist Police Department with closing down the festival nightly and assisting with sweep -- Sat 11:45pin, Sun 9 :45prn meet at Fourth and Main. 25B -39 EXHIBTT A • 11:45 am to 2 p.m. Beer Garden: 2 Guards, 2 p.m. to 9: 00 pm, Beer Garden: 5 guards (1 each entry, 2 along fence, I rover) Fourtb /French • Monitor Carnival Adclitional duties: • Leach Night rovers will assist Polioe and Fire Departuicats with shutting down cooking booths, Sat. 9;00 prn, Sun 8:00 pni • Assist Police Department with closing down the festival nightly and assisting with sweep - Sat, 11:45 pm, Sun. 9:45 pm meet at Fourth and Main. 25B -40 EXHIBIT B Dear Mr. Sandoval, Insure Protective Security would like to thank you for taking the time to review our proposal. We take pride in providing you with the maximum standard of service in the security and protection industry. We look forward to the opportunity to work together to accomplish your security and protection goals. Thank you again for reviewing the Insure Protective Security proposal. Sincerely, David Sayed President 6, IX E.a •• 4_,. k2?t vT.tiVYYi�^� 1� a te��k 4� d' T: 888 -315 -3319 www, nsurejjrotectlmCom F:888- 778 - 41.63 info @iitsurep rotective.com 25B -41 EXHIBIT B Corr' ."6.Ir.E�dY 3,84x 'Er .'4•C .�. e. a. tT.. -.� ... .... l5 - . ,,.:.. ..�. - � -� ..0 INTRODUCTION AND IFS BACKGROUND Insure Protective Security is currently operating in both Northern and Southern California. IPS is licensed with the Bureau of Security and Investigative Services, bonded, and fully insured. IPS can be described in two words: Honor and Integrity, They serve as guidance for all Of our employees. It's at the core of our company and the reason why we're able to build trust with our clients. It's on the patch, which lies on the shoulders of every one of our officers. At IPS we run our operations on a client- centered model that allows us to deliver responsive and reliable security services to our clients. This model is focused around quality personnel, real time reporting, and customer service. In the next few pages we will go more in depth into each of these areas. PERSONNEL IPS implements a strict recruiting and hiring process. Our step -by -step process not only screens out unqualified candidates but also goes well beyond the industry norm to focus on selecting only the best possible applicants. Our process identifies candidates who posses important traits we believe are critical to both IPS and our client such as honesty, integrity, and a strong customer service orientation suited to the culture and operating environment of your establishment. Our selection process includes: - Experience - Initial interview - Drug Screening - Background Check - Guard Card License Verification T;888 -37.5 -3319 w tiv.i�suiet�rvte�tivp -c ni F: 888,.778 -4463 info @insureprotective.coilI 25B -42 MRMS EXHIBIT B ° TRAINING Our commitment to employee training and development is the foundation that the quality of our security officers Is based on. Our personnel go through extensive training at Basset Private Security Training Academy, an accredited training academy. All training is certified by the Bureau of Security and Investigative Services and the California Association of Licensed Security Agencies. Every new hire is required to complete the IPS training program. Our professionally designed training classes help motivate employees, which results in lower turnover, less absenteeism, and higher standards of performance. The curriculum includes the following subjects: • Administrative and Security Orientation • Public Relations • Legal Authority • Communications • Authority of the Security Officer • Protection of the Crime Scene • Conflict Resolution Method of Patrol/Defensive Driving • Company Policy and Procedures Fire Prevention Report Writing Recognizing Safety Flazards • f=irst Aid Bomb Threat Recognition • CPR Certified (if required by contract) Rules of Evidence • Hazardous Material Recognition & Uniforms and Equipment Procedures T:888- 315.3319 41rww.insutepro ectivexon) F: 888 -778 -4463 info rt) insurcprotective.com 25B -43 EXHIBIT B FJ REAL TIME REPORTING & GPS TRACKING / R ID MONITORING Insure Protective Security is committed to using the most up to date technology to better serve our clients. At IPS we use a custom real -time information gathering and incident Reporting /Monitoring System Software that allows us to monitor and respond to real - time issues, tasks, and incidents. We have essentially gone paperless. This means our clients enjoy the benefits of receiving reports and updates about their establishment in a fast and easy way in real timel REAL- I IME REPORTING We provide our clients with the following reports: Daily Activity Reports, Incident Reports, and Field Inspection Reports. Each of these reports is sent to you in real -time via email using our Reporting /Monitoring System Software that is integrated with our network and with smart phones which enhance these features with supporting audio, Video, and photos. Daily Activity Report: This report is taken by the on -site security officer and shows the activity occurring at your establishment throughout each shift and has a focus on proactive site management. Proactive site management includes for example, making recommendations on maintenance related issues such as a burned out light, which may generate an email to the maintenance staff. Incident Report: Different incidents trigger the on -site officer to write an incident report after all of the facts and information is collected. This information potentially becomes very helpful in legal disputes and usually is the difference between winning and losing a court case. The information collected in this report details the WHO, WHAT, WHERE, WHY, WHEN, and HOW of the incident. When needed the report also includes audio, video, or photos. Field Inspection Report: This report is taken by the Field Supervisor who makes unannounced visits and conducts an inspection report of both the on -site officer and the site. The inspection report ensures that the on -site officer is in proper uniform, has the proper equipment, is well groomed, is aware of the standard operating procedures for your establishment, etc. A photo is also taken of the on -site officer and is included in the report. T:888- 37.5 - 337.x) www.insureprotective,com 8:888- 778 -4463 sureprotcrtivesom 25B -44 EXHIBIT B OF . . Form Information P anLOPOnn dame: Site C6?[k YalnLpdCe Yam ?: Fleld op.. ahoo: 56.Atof Yamo. 5e<onry Suparvuor FCC SuEmiswn Daft: 1:A _ }, 7p32 6a5:53 ➢11 PDT ?tlefen,, ?yomba xC.L ta.atian: St2559tl5ti 6M 6015,1am q till ZJ, °O1 F:'6:J9 rYa Pr✓i [View M»n Y Apprua!:il __ ..... _.. _....... PaM, OR, 6 Cik HPU POC Name Goad F4, Srte thel G'anve l t41'o Good / Glsm CIE, it Guard pn a'ua Pictort Nofn d ds:anw ,. . S...Fbai Guard Guard Nam. wIII Cntd Mo IC .a d It, 97 919L Pscral Hai IVEJ IL *uVo .uerz Lhtr4lde ?lt"d. $zcelitnt He! Nc a: Firiv Anh rIC Ph PaM, OR, 6 Cik HPU Pants r:t Goad F4, Star f7adJS Pinn ?d oF: At Duty Belt 'ttA =CCY. riot 1121011. Gho?. Bik hidita BctiC Uefe,.:n SAMPLE, FIELD INSPECT,n Li REPORT 4ike TIn1ES Ont A.A:10v (.A= ; A,.1, t,ke 0 oils, L.zti led Elite 310YOI11 OIL Rfct. ,-.,t, Aa3::La'p IR t (ri1, 11 CAISLOIIII>f i.1A, lti? II. meet Llhua tte ti till No I ,I t r t1 +�r. tle cl t -1u.. ILL1111 I 1 11, .1�• I is,I :, I.. t:,. L I r..._ I 'I "; £3Efi8 -315- 337.9 yy7_vYy.insiirei7roteckive.com F :888. 77£3 -4463 in( 7insurelnro'tettive.coin 25B -45 EXHIBIT B PRICING PROPOSAL This pricing proposal covers ALL security personnel INCLUDING supervisors and patrol: T: 888- 315 -3319 w�vw.instircl i_olective.com F:888-778-4463 info Oz invn eprgtcctive.com 25B -46 EXHIBIT 13 INSURE PROTECTIVE SECURITY 6200 STONERIDGE MALL RD STE 300 PLEASANTON, CA 94588 800.742 -0619 Ext. 7 menna@lnsLireprotective.com www.Insureprotective.com BILL TO Santa Ana Event �.EI� f�t1fi8 P.O. NUMBER Cinco De Mayo 04/29/2016 Santa Ana Event Guard 20,813.75 20,813.75 04/29, 04130, 05/01 Please be advised that any late payments for Invoices will iacura late charge of 10016 of the invoice balance or$150, whfcheverIS! greater. Thank You 25B -47 r - AGREEMENT WITH CHRISTIANSEN AMUSEMENTS, INC. FOR EVENT PRODUCTION THIS AGREEMENT is made and entered into this 5 "' day of April, 2016 by and between Christiansen Amusements, hie., 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 A. The City will be hosting the annual Cinco de Mayo event April 30, 2016 and May 1, 2016 ( "Event ") for the enjoyment of its community and residents. B. Promoter represents that Promoter is able and willing to provide event production services to the City for the Event. C. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Promoter shall provide event production for the Event complete with the rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in detail in Exhibit A, attached hereto and incorporated herein, The Event may include set -up the day prior, and clean-up the day following. Hours for the Event shall be Saturday, April 30, 2016,12:00 p.m. to 12:00 a.m. and Sunday, May 1, 2016, 12:00 p.m. to 10:00 p.m. Promoter is responsible for all equipment, clean- up services, security, electricity, carnival rides and games, vendor booths and insurance for the Event. Promoter shall comply with, coordinate, and obtain all approvals and certifications that are required by the Amusement Ride and Tramway Unit of the California Department of Industrial Relations or other government agencies responsible for amusement ride oversight. Z. FEES /DEPOSITS/PERMITS /LICENSES Promoter agrees to pay the City and City agrees to accept from Promoter a guaranteed. fee of Thirty Two Thousand Five Hundred Dollars ($32,500.00) for providing Promoter with the right to produce the Event as set forth in Exhibit A. Said payment to the City shall occur within thirty (30) days of execution of this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2016, unless terminated earlier in accordance with this Agreement. Exhibit + 25P -49 4. NON - POSSESSORY INTEREST City retains full possession of the its property 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. S. NON - RECORDING Neither party shall record this Agreement. 6. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for the Event. 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 Event. B. All Promoter's records of revenues and repairs pertaining to the Event referenced herein shall be kept for three years and made available at all times for audit by City upon request. INDEPENDENT CONTRACTOR Promoter shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 8. INSURANCE Prior to undertaking performance of any work relative to the Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors shall maintain commercial general liability insurGatice 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 occrnrence 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 limn: 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. 25R -50 B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of California State law, Promoter, if Promoter has any employees, is required to be hasured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, D. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City, iii, Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. v. If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the City as additionally insured. E. If Promoter fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 9. INDEMNIFICATION Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, includuig 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 Section 1 and Exhibit A 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 events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, indemnify, hold harmhess, 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 25P -51 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. 10. HAZARDOUS MATERIALS Promoter represents and warrants that its Event production will not generate any hazardous substance, and Promoter will not store or dispose, nor transport any hazardous substance. Promoter further agrees to clean -up and remediate any hazardous substance from the Event production, 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 nile presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sictmess, death or disease. III NUISANCE 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 Califonaia Civil Code, or the Santa Ana Municipal Code on the park or carnival areas; and Promoter shall not use or permit any unlawful purpose in the Event production. 12. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Event production 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. 13. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 14, TERMINATION This Agreement may be terminated by the City without cause upon fourteen (14) days written notice of teranination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 25R -52 15. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement, terminate this Agreement and contract with another entity for production of any remaining Event(s). 16. 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 malting of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement. 17. 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. 18. '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, 19. 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. 20, 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 th.e 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 Courtesy copies to: Executive Director of Parks, Recreation and. Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Sarmta Ana, California 92702 25P -53 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 To Promoter: Christiansen Amusements 1725 S. Escondido Blvd., Ste. E Escondido, CA 92025 Phone (760) 735 -8542 Fax (760)735 -8543 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. 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. 22. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permits) issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California for the operation of amusement rides, In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's obligations under this Agreement 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 pennits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. 23. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including Exhibit A, 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. 25Br54 24. 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 operators retained by City. 25. 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 or in connection with any activities under this Agreement. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 26. 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 govcrned 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. 27, PROFESSIONAL LICENSES Promoter shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Promoter shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for immediate termination of this Agreement. 28. 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. 29. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive. 30. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25� -55 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:it J n Funk Assistant City Attorney CITY OF SANTA ANA. DAVID CAVAZOS City Manager CHRISTIANSEN AMUSEMENTS By: RECOMMEND APPROVAL: Title: Tax ID # Gerardo Monet, Executive Director Parks, Recreation & Community Set-vices Agency 25E�56 EXHIBIT A SCOPE OF WORK for 2016 Cinco de Mayo Event Christiansen Amusements PERMITS - PROMOTER shall secure all required permits for the carnival area no later than 30 days prior to the Event unless otherwise indicated, including but not limited to: a. Electrical permits for booths and rides. b. Tents and canopies larger than 10 feet by 10 feet as required by the CITY's Planning and Building Department. c. Health Department permits. d, Orange County Fire Authority permits including Fire Department approval for booths and rides that may block an entire street thereby eliminating the 20 foot clearance requirement shall be secured two weeks prior to each Event. e, PROMOTER will obtain approval of Parking Company of America for use of the lot at the northwest corner of Third and Bush St, f. CITY will assist in obtaining permits, available property and the approval of all street closure and properties for the carnival area of the Event layout as discussed and agreed for this year's site plan. 11. CLEAN UP - PROMOTER will maintain continuous litter control during the entirety of the Event: a. Provide a professional cleaning crew to ensure that trash does not accumulate on streets and sidewalks at any time, during Events. b. Impose adequate mitigation measures to ensure removal and disposal of grease from food and/or cooking booths if utilized, including but not limited to the use of grease barrels. c. Provide and pay for contractor approved by CITY to steam clean sidewalks in front of Lofts on Third Street and provide Loft owners 24 hour notice prior to such sidewalk steam cleaning. d, Empty and place a clean liner in all CITY sidewalk trash cans located in carnival area including 3rd and Bush parking lot, 3rd, Main, Bush and Spurgeon Streets. This is to be done throughout the duration of the 2 -day festival and the Monday following the event before vacating carnival area. III, EQUIPMENT - PROMOTER shall provide all necessary equipment, resources and manpower to develop and produce the Event. a, Equipment shall include lighting for all vendor booties which is to be maintained and fully illuminated until all attendees have vacated the festival and carnival grounds each day. b. CITY will provide adequate portable restrooms in the carnival area from 8:00 a,m. Saturday morning (Event start time) through 10:00 p.m. Sunday (Event end time) and will maintain trash receptacles within portable restrooms only (if applicable); they shall be positioned and serviced so as to prevent noise and odor disturbances to Loft residents and downtown merchants. c, PROMO TER will provide trash cans for and clean the carnival midway areas each night and at the close of the Event. d. PROMOTER shall inspect all equipment prior to its use to ensure safety and repair on site as needed, 25B -57 Last Updated 3/10/2016 IV. LOFTS - PROMOTER shall exercise caution and special measures to ensure rninimal disruption to owners and tenants of the live -work lofts located on blocks bounded by Main Street, 31 Street, Spurgeon Street and I" Street (the "Lofts "), including: a. Blocking off the sidewalks on 31 Street in front of Lofts with chair link fencing with screening to create a private walkway for loft residents. b. Assunne responsibility for any damage clone to the Lofts during the course of the Event, including assembly and disassembly. PROMOTER. shall photograph the Lofts prior to each Event in order to document their condition prior to each Event and to identify whether or not damage occurred during each Event. c. Compensate Loft owners with pets who choose to board their pets from Friday through Monday, d. Compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximurn of $100 /par day. c. PROMOTER shall schedule equipment set up and tear down, trash removal, and carry out other logistical activities in such a manner that will minimize nimize late night noise and other disturbances and disruption to Loft residents. i PROMOTER will cover expenses and comply with all carnival requirements related to the requests of the Santa Ana Lofts association as determined by the City of Santa Ana. V. QjjMT HOURS. Specific to 3rd Street: There shall be designated quiet times with no construction set up or tear down as follows: Friday from 10:00 p.m. through Saturday 8:00 a.m., Saturday from 12:00 a.m. through Sunday 8:00 a.m., and Sunday from 10:00 p.m. through Monday 8:00 a.m. PROMOTER shall ensure that quiet hours are strictly adhered to by all carnival employees and sub - contractors. VI. EVENT SET UP, The Event shall include a carnival as follows: a. PROMOTER must secure land use permit for carnival no later than two weeks prior to each event if the carnival will utilize private property for any reason. b. CITY will provide PROMOTER the following areas for carnival staging and /or setup: 1) Third Street from the cast crosswalk of Sycamore to the drive entrance approximately 100 feet east of Spurgeon; 2) Main Street from 60 feet south of Fourth Street to north of First Street; 3) Bush Street from the crosswalk south of Fourth Street to south of Third Street; 4) Fiesta Meter parking lot at the corner of Third & Bush; and 5) Spurgeon from crosswalk at Third Street south, prior to the Lofts property. c. PROMOTER will work with CITY regarding street closures and property access as follows: Friday 9:00 a.m. load in and partial setup until 10:00 p.m. in Fiesta Meter Parking Lot; on Third Street from east of Bush Street plus Bush Street and Third Street, east of Main; Saturday Setup; a) at 8:00 a.m. on the Fiesta Meter Parking Lot; on Third Street from east of Main Street east to the drive east of Spurgeon; Bush Street from Fourth Street to south of Third Street; and Spuugeon south of Third Street and b) at 8:00 p.m.; Main Street from Fourth Street to south of Third Street and Third Street west of Main Street to Sycamore. PROMOTER agrees to have the above areas cleared/cleaned Monday by the following times; a) Main Street by 5:00 a.m. and b) Third, Bush & Spurgeon Streets & Fiesta Meter Parking Lot by 5:00 p.m. Times as agreed upon with the City of Santa Ana. Clear access must be maintained on Main Street between the properties located at 308 and 309 S. Main Street to ensure safe and clear street crossing between those properties. Final location for carnival rides and booths will be mutually agreed upon between the CITY and PROMOTER. d, CITY will assist PROMOTER with providing staging areas and access for PROMOTER's vehicles before, during and after the Event. 25B-58 Last Updated 3 /10/2016 e, PROMOTER shall be responsible for securing temporary storage locations for all carnival equipment needs and must secure approval from CITY of any outdoor off -site accommodations within CITY limits no later than two weeks prior to each Event, f. PROMOTER may not store equipment on CITY owned property or CITY right of way prior to the set up tune, without prior CITY approval. Such approval must be requested no later than two weeks prior to each Event if needed. g. PROMOTER will not allow any employees to sleep overnight inside the Event boundaries, b. PROMOTER must supply restroom facilities for its staff during set up, i. Tall rides, exceeding 20 feet, may not be placed adjacent to residential units. j. PROMOTER may begin set up of rides at 9:00 a.m, Friday prior to each Event on all streets, except Main Street. lc. PROMOTER will set up one (1) food booth and food items are listed as follows: Assorted candy, candy /caramel apples, chips, churos,_ com dogs, cup of soups, deep fried Twinkies /Oreos, hotdogs, cotton candy, fiumel calves, nachos, peanuts, pickles, pizza, popcorn, drinks, water and coffee/hot tea/hot cocoa. 1. PROMOTER will set up one (1) ticket booth throughout the event space, along with providing ride tickets and ticket sellers for the Event. m. PROMOTER will set up nineteen (19) mechanical rides and are listed as follows: Cars, Cycles, Casino *, Crazy Plane, Elephants, Ferris Wheel, Go- Gator, Gravitron *, Hurricane *, I {amilcaze *, Lady Bugs, Merry -Go- Round, Motor Cycle Jump, Bees *, Slime Time, Scooters *, Tilt -A- Whirl*, Umbrella Cars and Zipper. Those rides with an asterisk are considered Major Rides. PROMOTER will set up one (1) non - mechanical ride and it is listed as follows: Slide. PROMOTER will provide two (2) generators and are listed as follows: 5701cw and 3201cw a, PROMOTER will set up seventeen (17) game booths and are listed as follows: Balloon Dart, Balloon Dart, Mini Basketball, Mini Basketball, Ring Toss, Punic Rack, One Ball, BB Guns, Water Race, Batter Up, Kid Hi- Striker, Turtle Creek, Tubs of Fun, Buoy Pitch, Long Range Basketball, Glass Pitch and Ring -A -Duck, o. PROMOTER will provide the maximum quantity of rides and games possible according to the space allowed. All mechanical rides are to be State ROSH Certified, All rides will be of the same quality as in previous years. CITY will also provide similar vendor booths, entertainment, marketing and promotion of the event as in the past. VII. SECURITY, a. In order to operate the carnival on Friday the PROMOTER shall provide chain link fencing to secure the entrance to the carnival at Bush and Fourth (curb to curb) and at the entrance to the East End Promenade at Spurgeon. The fencing is to be in place by 7 p.m, Friday evening and may be removed when the carnival closes that night. b. PROMOTER shall provide one (1) State licensed uniformed security officer at each of the following locations commencing at 6 pan. and continuing at least until 12:30 a.m. on Friday night: Bush and Fourth; Fourth and the north entrance to the East End Promenade; French and Third.; Thud and Bush; and Main and Third. The officers will follow the direction of the Police Officers assigned to the Event. c. PROMOTER shall provide two (2) state licensed uniformed guards in the carnival area overnight each day of the Event. Additional provisions fox State licensed uniformed guards hued by PROMOTER: i. A minimum of 50% of the Security staff.' must be bilingual, English/Spanish speaking. ii, Security personnel must wear uniforms distinct from local law enforcement agency. iii. PROMOTER /Security Company shall ensure that all security guards are equipped 25B -59 Last Updated 3/10/2016 with radios for internal communications and that the Security Supervisors are equipped with one radio each for communications with SAPD and CITY staff. iv. PROMOTER /Security Company shall ensure that there is one Security Supervisor on site at all times during the Event. v. The security staff shall take final direction and instruction from the CITY Police Department supervisor in charge of the event and will meet with the SAPD supervisor in charge and other staff as needed at the beginning of each day of the Event, vi. Security guards shall not carry weapons, batons, or tear gas. vii. Security guards shall report only to the Santa Ana Police Department Sgt. in change of the event or the Recreation and Parks Department Supervisor. viii. Security staff shall contact Santa Ana Police for any criminal activity but may intervene for non - criminal activity such as illegal vendors, rule violations, crowd control, etc. ix, Security personnel shall assist with the following: 1. Ensuring that no vehicles park on streets within the carnival boundaries each day of the Event. 2. Preventing vehicles from stopping to drop off equipment. 3. Monitoring specific problem areas identified by Santa Ana Police Department, 4, Monitoring Lofts to ensure that no illegal activity is taking place. 5. Watching for gang members and other criminal activity. 6. Assisting Police Department with closing down the carnival nightly. 25B -60 Last Updated 3/10/2016