HomeMy WebLinkAbout25C - AGMT - FIESTAS PATRIASREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 16, 2016
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
AGREEMENTS WITH A -1, STAGEPLUS, ❑ As Recommended
AND CHRISTIANSEN AMUSEMENT, INC. ❑ Or Amended
❑ Ordinance on 1't Reading
FOR THE FIESTAS PATRIAS EVENT ❑ Ordinance on 2nd Reading
{STRATEGIC PLAN NO. 5,5C) ❑ Implementing Resolution
❑ Set Public Hearing For,_
CONTINUED TO
FILE NUMBER
CITY MANAGE
RECOMMENDED ACTION
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 Fiestas Patrias event in the amount of
$68,774.93, which includes a 10% contingency, for a term of August 16, 2016 to
September 30, 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 Fiestas Patrias event in the amount of $27,592.40, which includes a 10 %
contingency, for a term of August 16, 2016 to September 30, 2016, subject to non -
substantive changes approved by the City Manager and City Attorney.
Authorize the City Manager and
Christiansen Amusement, Inc. for
an amount payable to the City of
August 16, 2016 to September 30,
the City Manager and City Attorney.
DISCUSSION
Clerk of the Council to execute an agreement with
carnival service rights for the Fiestas Patrias event for
25% of sales, with a $17,500 minimum for a term of
2016, subject to non - substantive changes approved by
The Fiestas Patrias event has been a positive event for the downtown businesses and surrounding
neighborhoods. This event not only attracts thousands of Santa Ana residents, but also visitors
from throughout Orange County. The purpose of this event is to celebrate Fiestas Patrias through a
safe family friendly event to include: live entertainment, food booths, informational booths,
merchandise /service booths, cultural exhibits and carnival rides /games over a two -day weekend.
The 38th Annual Fiestas Patrias Santa Ana will take place on September 10 — September 11, 2016.
25C -1
Agreements for Fiestas Patrias
August 16, 2016
Page 2
In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community
Services Agency (PRCSA) recommended that the City host Fiestas Patrias and act as Event
Manager. The Event Manager will be responsible for providing all the necessary equipment,
stages, electricity, carnival rides, vendor booths, entertainment, and insurance for the event.
City staff has been working to bring together all the elements necessary to operate a successful
event. As part of managing the event, city staff is requesting to enter into agreements with the
various vendors listed below for the following services:
Al PARTY — To provide rental and installation of equipment for the event. The equipment to be
rented will include items such as: canopies for vendor booths, food booths, sinks, fences,
restrooms, tables, generators, and a backstage area. The equipment will be delivered Friday
evening and set up by Saturday Morning. Cleanup of the equipment will occur Sunday evening
and completely cleared by Monday morning.
STAGE PLUS — To provide, install, maintain and remove rented stage, ground support systems,
audio, lighting, scaffolding, barricades and ramps at 4th Street and 5th Street and Broadway
Avenue for the Fiestas Patrias event. The contractor shall deliver the equipment on Friday,
September 9, 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.
CHRISTIANSEN AMUSEMENTS - In consideration for providing these exclusive rights to
Christiansen Amusement, Inc., the City will receive 25 percent of ticket sale revenue for the event,
with a minimum of $17,500. 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 artist groups and merchants to hold events celebrating art in
public plazas, parks and other City - controlled open space).
FISCAL IMPACT
Funds in the amount of $96,367.33 are available in the FY 2016 -2017 Recreation Community
Services, Contract Services- Professional account (no. 01113230 62300). The revenue amount
has been included in the City's FY 2016 -2017 budget and will be deposited in to the Parks,
Recreation and Community Services -City Events account (no. 01113002 53331).
25C -2
Agreements for Fiestas Patrias
August 16, 2016
Page 3
Gerardo Mouet
Executive Director
Parks, Recreation and Community
Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
r A
Francisco Gutierrez (�
Executive Director
Finance and Management Services Agency
EXHIBITS: 1. Agreement —A1 Party
2. Agreement — Stage Plus
3. Agreement — Christiansen Amusements
25C -3
25C -4
AGREEMENT WITH Al PARTY RENTALS FOR
PROVISION, INSTALLATION AND REMOVAL OF RENTAL
EQUIPMENT FOR FIESTAS PATRIAS 2016
THIS AGREEMENT is made and entered into this 111 day of August, 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 retain a contractor having special skill and knowledge in the field of
providing, installing, maintaining, and removing various equipment for the Fiestas
Patrias Event that the City is hosting from September 10 -11, 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 contractor 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 the 400
block of 4`1' Street in Downtown Santa Ana or at locations otherwise specified by City, for the
Event as described on Exhibit A (the "Equipment "), City may request additional equipment or
services during the term of this Agreement at City's sole discretion. Said. request shall be made
and approved 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,
September 9, 2016 and set up by 7:00 a.m. Saturday, September 10, 2016. Contractor will clean
up and remove the Equipment on Sunday, September 11, 2016 beginning at 9:30 p.m. and have it
completely removed and cleaned up by 6:00 a.m. Monday, September 12, 2016.
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 $68,774.93, This amount is comprised of (1) the sum of $62,522.66
and (2) up to a 10% contingency slam of $6,252,27 for additional equipment /services at the sole
discretion of the City.
Exhibit I
25C -5
b. Payment shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to accounting procedures, Payment need not be made for
work which fails to meet the standards of performance set forth in the Recitals which may be
expected by the City.
3. TERM
This Agreement shall commence on the above - referenced date and terminate on
September 30, 2016, unless terminated earlier in accordance with Section 12, below.
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 which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of 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.
25C -6
c. Worker's Compensation Insurance. hi accordance with the provisions of
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 Linder 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 (3 0) 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 refiises 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 indemnify and hold harmless the City, its officers, agents,
employees, consultants, 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 Contractor or its contractors, 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. Contractor further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Contractor's Services are subject
to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
25C -7
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Contractor.
7. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care.
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
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
Fax: (714) 647 -6956
With copies to:
Parks, Recreation and Commi pity Services Agency
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
and
Santa Ana, California 92702
Fax: (714) 571 -4221
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 647 -6515
25C -8
To Contractor; Al Party Rental
251 E. Front Street
Covina, California 91723
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified,, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter therein, and supersedes any and all other agreements,
oral or written, between the parties. In the event of a conflict between the terms of this
Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this
Agreement acluiowledges 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 mill and void. Nothing in this Agreement
shall be construed to lnlut the City's ability to have any of the services which are the subject to
this Agreement performed by City persormel or by other Contractors retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon ten (10) 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, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
25C -9
other employment related activities or in connection with any activities related to 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 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.
1.5. 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 pennits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn,
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
Maria D. Huizar David Cavazos
Clerk of the Council City Manager
-- Signatures continued on next page --
25C -10
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
J6fin Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Gerardo Mouet
Executive Director of Parks,
Recreation and Community Services Agency
CONTRACTOR:
Al Party Rentals
Name:
Title:
25C -11
iMPARTY EXHIBIT A
CELEBRATE WITH STYLE
251 E FRONT STREET P 866.2'17 2789
COVINA, CA 91728
AIPARTYRENTAL.COM F 626.967.7572
CITY OF SANTA ANA PARKS & RED
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701
Status: Reservation
Contract#; 23091
Event Beg: Fri 9l 912016 7:00PM
Event End: Sun 9/1112016 9:30PM
Operator: Herrera, Valerie
Job Descr: SANTA ANA FESTIVAL 2016
Ordered By: JOSE ROMO
Salesman: RENE MARTINEZ
Delivery and Pickup
Delivery: Fri 9/ 912016 T.00PM Contact: JOSE ROMO
Pickup Date: Sun 9/11/2016 9:30PM Phone: 714. 612 -9227
Location: SANTA ANA
Used at Address: 4TH & 5TH ON BROADWAY; SANTA ANA, CA 92707
Delivery Notes: DELIVERY: FRIDAY 9/9 7PM MUST BE READY BY 7AM SAT 9/10
EVENT DATES:
SAT 12 NOON - MIDNIGHT
SUN 12 NOON - 10:30 PM
PICK UP: SUN 9111 BE THERE AT 9:30PM
NOTE: NEED TO TAKE THE
INSTALLATIONS NOTES:
CABLE DOWN ALL ELECTRICAL BOXES
.CUSTOMER TO SUPPLY WATER FOR ALL REQUIRED SINKS
Al TO FILL TANKS
- CUSTOMER IS RESPONSIBLE FOR ALL NECESSARY PERMITS REQUIRED FOR CANOPIES AND ELECTRICAL,
CUSTOMER IS RESPONSIBLE FOR ALL SAFETY PACKAGES
- -- VENDOR BOOTHS...
BOOTHS
21
CANOPY, 10'X10', PAGODA, GREEN )WHITE
$80.00
$1,680,00
»> 21- t0'X 10' X V GREEN & WHITE PAGODAS «<
21
CANOPY, 10'X10', PAGODA, REDMHT
$80.00
$1,680.00
. 21. IUX 10'X 8' RED & WHITE PAGODAS«<
21
CANOPY, 10'X10, PAGODA, WHITE
$80.00
$1,680,00
»> 21 - 10' X10' WHITE PAGODAS «<
MUST BE INSTALLED ON LEVEL GROUND.
200
CANOPY, HARDWARE, BASE STEEL
$2.00
$400.00
20
SIDEWALL, 8'X10', WHITE
$5.00
$100,00
3
SIDEWALL, 8'X10', MESH WINDOW WHITE
$27.50
$82.50
N BOOTH
1
SIDEWALL, 8X10', MESH WINDOW WHITE
$27.50
$27.50
O BOOTH
1
SIDEWALL, 8'X10', MESH WINDOW WHITE
$27.50
$27.50
#49 BOOTH
70
'TABLE, 0130"
$9,001
$630,00
1 PER BOOTH
MUST BE INSTALLED ON LEVEL GROUND.
70
KWK COVERNWiITE
$3,95
$276.50
i COVERS FOR VENDOR TABLES
Store Hours
Mon - Fri 9:006 -5:00p Sat 10:00$ -2:00p
Motllfication # 2
Pnnlad On TOO
7/1912016 In M54AM aallwme by POinl- o4ftenfal SOlfware vrew.poinb94rentalaom
Gonlraa4Pa�ams.rpl (1)
25C -12
Contract#: 23089 CITY OF SANTA ANA PARKS & REC
Page 2 of 6
Qty
Items Rented
Each
Price
150
CHAIR, SAM$, IVORY
$1.00
$160.00
2 PER BOOTH
MUST BE INSTALLED ON LEVEL, GROUND,
8000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA
9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES
CHAIR WEIGHT LIMIT IS 250LBS
60
LIGHT, 20DW ARTS
$9,50
$475.00
60
BLED. CORD 25'
$0.00
$0.00
16
LIGHT, STRING FESTIVAL YELLOW
$44.00
$704.00
18-- STRINGS
12
BLED, CORD 50'
$0.00
$0.00
20
ELEC, CORD 25'
$0,00
$0.00
GREEN CORDS
FOOD BOOTHS
12
CANOPY, 10'X10, PAGODA, WHITE
$80,00
$960.00
» >6 --10'X 2V X 8' «1
MUST BE INSTALLED ON LEVEL GROUND,
48
CANOPY, HARDWARE, BASE STEEL
$2,00
$96.D0
38
FENCE, PICKET 3'X8' WHITE
$15,00
$540.00
72
DRAPERY, HARDWARE, 3'UPRIGHT -
$0,00
$0.00
72
CANOPY, HARDWARE, BASE STEEL
$0,00
$0.00
24
LIGHT, 20OW CRI S' -
$9.50
$228,00
17
ELEC 30AMP OUTLET
$35,00
$595.00
1200
ASTRO TURF, KITCHEN GRADE SQ. FT.
$0.00
$0.00
FOR FOOD BOOTHS -- 0 -10' X 20' TURF
HOT & COLD SINKS
1
DELIVERY /PICKUP
$600,00
$600,00
DELIVERY/ PICKUP FOR RESTROOMS & SINKS
1
LABOR
$1,000,00
$1,000.00
RESTROOM SERVICE SATURDAY INCLUDES SAT AM AND WASTE YANKS
4
SPECIALTY SINK HOT &COLD
$600.00
$2,400.00
»> 4 -0 COMPARTMENT HOT /COLD SINKS SELF CONTAINED «<
16
SPECIALTY PARTY EQUIP
$100.00
$1,600.00
16• EXTRA WATER TANKS - -- 4 PER SINK
8
LABOR
$200.00
$1,800.00
LABOR TO REFILL 12 WATER TANKS - - -- CUSTOMER TO SUPPLY WATER
34
SPECIALTY TOILET
$80,00
$2,720.00
6
SPECIALTY TOILET ADA
$126.00
$750.00
8
SPECIALTY SINK COLD
$60,00
$480.00
»> 8 - TWO STATION COLD SINK <e<
e
SPECIALTY SINK HOT &COLD
$255,00
$1,530.00
»> 6- HOT & COLD SINKS «<
8
CANOPY, 10'X10, PAGODA, WHITE
$80,00
$640.00
>->4. 101X 20'X 8' PAGODAS - -- OVER HOT /COLD SINKS «<
MUST BE INSTALLED ON LEVEL GROUND.
24
CANOPY, HARDWARE, BASE STEEL
$2,00
$40,00
8
SICEWALL, B'X20'WHITE
$20.00
Waco
ENCLOSE SINK TENTS
8
LIGHT, 20OW OPTS
$9.60
$76,00
8
ELEC, CORD 25'
$0,00
$0.00
6
TRASH CAN, STANDARD RD 32 GAL W/LINER
$10,85
$66.10
SUPPPORT
3
SPECIALTY PARTY EQUIP
$20.00
$60,00
GREASE BARRELS
300
ASTRO TURF, KITCHEN GRADE SQ. FT.
$0,00
$0,00
FOR UNDER GREASE BARRELS- -3 -10' X 10'
i
SPECIALTY FORKLIFT
$500.00
$600,00
30
SPECIALTY PARTY EQUIP
$33.00
$990,00
> 30- WALKIE TALKIES W / HEADSETS &BATTERIES &CHARGER «<
800
SPECIALTY PARTY EQUIP
$1.75
$1,40000
»> 800 -FENCE FOR MAIN STAGE - FREESTANDING FENCE - -- INSTALL FENCE AT 4 am
86
CANOPY, HARDWARE, SAND BAGS
$3,00
$265.00
25
SIOEWALL, 6'X20' WHITE PTM TARP
$20,00
$500.00
»> SCREENING FOR FENCE «<
Store Hours Mon - Fr10:00o -6:00p Sat 10:00a -2:C0p
panion on'mo 91191201010:20:04AM Saftwvre by Point- &Rentnl Solll = ww}vAlnb0,tenlnl cnm
Modification 8 2
Cm,lract- Pafame.lpt (1)
Contract R: 23091 CITY OF SANTA ANA PARKS & REC
Pago 3 of 6
City
Items Rented .,,,.- ..............w„ m. �..._..., �...»,_.,...,.- �.. ....�.....__.».,.»..._.......��
a � _._. � Each
^TPrlce
570
SPECIALTY PARTY EQUIP _.._
- $1.76
$607,50
170' - SPURGEON, 180' 3RD STREET', 220' MAIN STREET
95
SPECIALTY PARTY EQUIP ._..
$3.00
$285.00
MAIN STAGE
7
TABLE, ROUND, 30"
$9.38
$65.45
MUST BE INSTALLED ON LEVEL GROUND,
7
TABLE, CKTL, 42" I.EG
$2.75
$19.25
3
LINEN, RED, GARDEN, 120"
$14.50
$43,60
REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN.
3
LINEN, KELLY, GARDEN, 12P'
$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 QT.
$15.00
$3000
2
FAN, 30 "PEDE87AL
$55,00
$110.00
6
TABLE, 8'X 80"
$9.00
$54.00
MUST BE INSTALLED ON LEVEL GROUND.
2
LINEN, RED, TBLDRP, T
$19.00
$38AD
2
LINEN, KELLY, TBLDRP,, 8'
$19.00
$38.00
2
LINEN, WHITE, TBLDRP, 8'
$19.00
$38.00
1
CANOPY, 20'X20', EXPANDABLE, WHITE, KWiK
$280.00
$280.00
20' X 40' X e' WHITE CANOPY
1
MIDDLE, 20'X20', WHITE
$260,00
$260.00
6
CANOPY, HARDWARE, WATER BARREL 550AL
$15.00
$90.00
6
CANOPY, HARDWARE, WATER BARREL COVER 55G
$5,00
$30.U0
800
ASTRO TURF, BLACK SQ, FT.
$0.48
$384.00
STAGE FRONT OF MAIN STAGE
66
CHAIR, SAMS, IVORY
$1.130
$105,60
SET UP IN FRONT OF STAGE -- 3 ROWS OF 22 -- MUST BE SET UP & ZIPTIED
MUST SE INSTALLED ON LEVEL GROUND.
9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA
0001 AS DELIVERED TO AVOID ADDITIONAL CHARGES
CHAIR WEIGHT LIMIT IS 25OLDS
DRESSING ROOMS
BACK STAGE - MAIN STAGE
3
CANOPY, 10'X10, PAGODA, WHITE
$80,00
$240.00
» 1 -10'X 30'X 8'W14 WALLS «<
MUST BE INSTALLED ON LEVEL GROUND
12
CANOPY, HARDWARE, BASE STEEL
$2.00
$2400
4
SIDEWALL, 8'X20' WHITE
$20.00
$80.00
6
LIGHT, PAR -CAN 46 BLACK 20OW
$15.00
$90.00
6
LIGHT, PAR -CAN COLOR JELL
$0.00
$0 .00
PEACH JELLS
8
TABLE, 6' X 30"
$7.00
$56.00
8
KWi(COVER(8'WHITE
$3.96
$31.60
DRESSING ROOM TABLES
6
SPECIALTYTOILET
$00.00
$480.00
2
SPECIALTY PARTY EQUIP
$60,00
$120.00
2- TWO STATION HAND WASHING SINK
60
CHAIR, SAMS, WHITE
$1,00
$60.00
r »6TAOE AREA ««
MUST BE INSTALLED ON LEVEL GROUND
ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA
AS OCLIVERED TO AVOID ADDITIONAL CHARGES
CHAIR WEIGHT LIMIT IS 25OLES
3
MIRROR, WARDROBE VATURAL WOOD
$14.85
$44.55
1
LADDER 6'
$0,00
$0.00
ELECTRICAL I POWER
1
GENERATOR, 125KVA MQ POWER WHISPERWATT
$835,25
$635,25
1
GENERATGR70KVA MQPOWER WHISPERWATT
$423.50
$423,60
1
SPECIALTY PARTY EQUIP
$600.00
$600,00
»> 1 -70KVA GENTS a«
15
ELEC 20AMP CUTLET
$35.00
$525.00
8 -20 AMP OUTLETS ( DISNEY)
Store Hours Mon - Fri 6:00a -5:00p Sat 10:00a -2:00p
Printatl on Tus 7 /10 /201610:26:04AM Soowarsby Pnbt,rn- Rental GOftW0M www,polnt orontol.com
25C -14
Modlfeatlon # 2
contract Params,rpt (1)
Contract ;II: 23091 CITY OF SANTA ANA PARKS & REC
Page 4 of S
City
Items Rented
Each
10
ELEC 30AMP OUTLET
$5000
-Price
$500.00
220 AMP OUTLET FOR SAPD
4
ELEC, 50AMP TWISTLOCK W 50AMP
$100.00
$400.00
50 AMP OUTLETS 220 VOLT
1
ELECTRICAL DISTRIBUTION SYSTEM
$3,600.00
$3,600.00
»> 136 - 20 AMP OUTLETS «<
»> STAGE POWER HOOKUPS «<
»> 40 AMPS PER FOOD 8007H <¢<
59
ELEC, T CABLE RAMP 5 CHANNEL
$12.00
$828.00
31
ELEC, T CABLE RAMP 2 CHANNEL
$12.00
$372,00
1
FUEL FOR GENERATORS
$2,500,00
$2,600,00
» COST TO REFUEL GENERATORS«<FINAL T.B. D.
4
LABOR
$70000
$2,800.00
»> (2) Al MEN SAT SAM - 9 PM NEED MULE «<
>>> (2) Al MEN SUN 8AM- 8 PM NEED MULE «<
Al USE
80
FENCE, CHAIN LINK 6'H X 10'W
$16.00
$1,200.00
>>> BD' OF e' HIGH FENCE «<
CHECK IN
4th & BROADWAY
1
CANOPY, 10'X10, PAGODA, WHITE
$80.00
$80.00
» 10 %10'X8' «<
MUST BE INSTALLED ON LEVEL GROUND,
4
CANOPY, HARDWARE, BASE STEEL
$2.00
$8.00
1
TABLE, 8' X 30"
$9.00
$9.00
MUST BE INSTALLED ON LEVEL GROUND.
1
KSMK COVERO,wHITE
$3,95
$3.95
CHECK IN
4
CHAIR, SAMS, IVORY
$100
$4.00
MUST BE INSTALLED ON LEVEL GROUND.
9000 ALL CHAIRS & TABLES MUST BE STACKED IN TFIE SAME AREA
9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES
CHAIR WEIGHT LIMIT IS 2601-08
BEER GARDEN
1
CANOPY, 40'X40', KWIK, WHITE
$1,120.00
$1,120.00
1- 40'X 40'X 10' WHITE CANOPY
6
SIDEWALL, 10'X20' WHITE
$20.00
$120.00
8
CANOPY, HARDWARE, WATER BARREL 55GAL
$15.00
$120.00
8
CANOPY, HARDWARE, WATER BARREL COVER 55G
$6,00
$40,OD
2
LIGHT, HI BAYS 400WATT
$50.00
$100.00
3
TABLE, 3'X 30"
$9.00
$27,00
MUST BE INSTALLED ON LEVEL GROUND,
3
LINEN, BLACK, TBLDRP, 8'
$20.00
$62.70
12
TABLE, ROUND, 30"
$9.30
$112.20
MUST BE INSTALLED ON LEVEL GROUND.
12
TABLE, CKTL, 42" LEG
$2.75
$33.00
12
SPANDEX, BLACK, TABLE, RND, 30", HIGH -
$33.00
$398,00
--- PLAZA AREA -
1
CANOPY, 30'X30', EXPANDABLE, PAGODA, WHT
$B8D.00
$800.00
1.30' x 60' x 10' WHITE PAGODA
3
MIQQLE, 30'X10', WI [ITS PAGODA
$132.00
$396.00
$
LIGHT, 1 -11 BAYS 400WATT
$50,00
$160.00
10
CANOPY, HARDWARE, WA'T'ER BARREL 55GAL
$15.00
$15000
10
CANOPY, HARDWARE, WATER BARREL COVER 55G
$5.00
$80.00
$
SIDEWALL, 10'X20' WHITE
$15.55
$46.65
e
SIDEWALL, 3`X20' WHITE
839.60
$237.60
27
DRAPERY, HARDWARE, 8' UPRIGHT
$0.00
$0.00
"' FOR SIDEWALL
10
DRAPERY, HARDWARE, 6' -10' SPREADER BAR
$0.00
$0.00
-- FOR SIDEWALL
27
DRAPERY, HARDWARE, LG.BASE PLATE
$0.00
$0.00
-- FOR SIDEWALL
2
CANOPY, HARDWARE, SIGN, EXIT LIGHTED
$80.00
$60.00
2
ELEC, CORD 26'
$0.00
$0,00
2
COOLER, EVAPORATIVE OSCILLATING
$250.00
$600.00
Store Hours Mon - Fri o00a -590p Sat 10:00a -2:00p
Ptlnletl nn T4a]11912010 1D:2a:14AM &0nowm by POW of. nleL`ilnnN'9ra= VV1NOJpL ront000loom
NlodlficatlOn 1f 2
Contract-PnreMedpl(1)
Contract #: 23091 CITY OF SANTA ANA PARKS & RED
Page 6 of 6
^ Qty
Items Pointed tatl - ----- m- ������� � �
Each
Prla
u--. 2
ELEC, CORD 60'
$0.0(
2
WATER HOSE 100'
$0.00
$0.0(
12
CANOPY, HARDWARE, SAND BAGS, BLACK
$0.00
$0,0(
4
SLIDER, 20'
$0.00
$DA(
- -- GREEN ROOMS - --
2
CANOPY, 15'X15', WHITE, KWIK
$170.00
$3409(
2- IS- X 15 X 8' WFIITE CANOPY
8
CANOPY, HARDWARE, BASE STEEL
$2.00
$16.0(
6
SIOEWALL, 8'X20' WHITE
$20.00
$120.0(
8
LIGHT, LED PAR -CAN
$35,00
$280.0(
4
ELEC, CORD 60'MULTI BLACK
$0.00
$0.0(
4
CHAIR, PCLIWOOD, WHITE
$2.60
$10.4(
450
A87RO TURF, BLACK SO. FT.
$0.48
$216.01
2- 15' X 15"TURF
450
A87RO TURF, LABOR INSTALL SQ /FT
$0.16
$72.0(
1
TABLE, 6''X 30"
$7.00
$7.01
1
LINEN, BLACK, TBLDRP, 6'
$19,00
$19.0(
2
COOLER, EVAPORATIVE. OSCILLATING
$250.00
$50010(
2
ELEC, CORD 50'
$0.00
$0,01
2
WATER HOSE 100`
$0,00
$0.01
2
LOUNGE, SECTIONAL, WHITE, 6 PC
$300,00
$600,0(
1 -SET FOR EACH GREEN ROOM
2
LOUNGE, SOFA, WHITE, LEATHERETT, CRNR RT
$0,00
$O,Oc
2
LOUNGE, SOFA, WHITE, LEATHERETTE, MID
$0.00
$0,01
2
LOUNGE, SOFA, WHITE, LEATHERETT, GRNR LF
$0.00
$0.01
2
LOUNGE, SOFA, WHITE, LEATHERETT, END FIT
$0,00
$0D(
2
LOUNGE, SOFA, WHITE, LEATHERETT, END LF
$0.00
$0101
2
TABLE, COFFEE WHITE 35 "X22"
S2 &00
$50.0C
4
TABLE, ROUND, 30"
$9,85
$37.4C
MUST BE INSTALLED ON LEVEL GROUND,
4
TABLE, CKTL, 30" LEG
$0.00
$0.01
4
LINEN, BLACK, GARDEN, SO"
$10,75
$43.00
10
CHAIR, POI.IWOOD, WHITE _ _
$2,60
$413C
COMMAND POST��
4
TABLE, 8'X 30'
$9,00
$36.0C
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
OHAI R WEIGHT LIMIT IS 260L13S
�
CITY COUNCIL
40
CHAIR, SAMS,WHITE
$1.00
$40.00
MUST BE INSTALLED ON LEVEL GROUND
ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA
AS DELIVERED TO AVOID ADOITICNAL CHARGES
CHAIR WEIGHT LIMIT IS 26OLDS
.... CARNIVAL RIDES --
1
SPECIALTY GENERATOR
$55000
$550.00
- - -45 KVA GENERATOR
1
ELECTRICAL SUPPLY
$700,00
$700.00
10
ELEC, T CABLE RAMP 2 CHANNEL
$0,00
$0.00
11
ELEC, 3 BOX STRINGER
$0.00
$0.00
1
ELEC, 5 WAY DISTO 200AMP 240V 3PHASE
$0.00
$0.00
3
ELEC, 4 WAY SUB PANEL
$0,00
$000
3
ELEC, 10(Y 615 FEEDER M/C TO M/C
$0,00
$0.00
2
ELEC, 60'815 FEEDER M/0 TO M/C
$0.00
$0.00
6
ELEC, 100' 126 EXT
$0.00
$0,00
6
ELEC, 60' 12/5 EXT
$0.00
$0.00
1
ELEC, 50'4/0 CAM TO CAM
$0.00
$0,00
1
SAFETY PACKAGE, CANOPY
$303,10
$303.10
3
CANOPY, HARDWARE, SIGN, EXIT LIGHTED
$0.00
$0.00
Store Hours Mon - Fri 9:00s -5:00p Sat 1D;00a -2;00p
Printed On Toe 7119 /201610:25:54AM Soflwere n, PUlnt- .rRental SeflWere WWW,po101- oFrenleLCOm
25C -16
Modification 4 2
CanlracLPerente pl(1)
Contract #: 23001 CITY OF SANTA ANA PARKS & REC
Page 6 of 6
Qty
Items Rented
Eachµ
Prlcs
3
ELEC, CORD 25'
...... $aoo
Y' $0,00
3
CANOPY, HARDWARE, SIGN, NO$MOKING,NOLIT
$0.00
$0.00
25
CANOPY, HARDWARE, FIRE EXTINGUISHER
$0,00
$0,00
$62,215.50
$100.00 REFILL FEE WILL BE CHARGED IF EXTINGUISHER IS DISCHARGED.
$0.00
$62,622,66
1
LABOR
$1,200,00
$1,200.00
FRIDAY NIGHT INSTALLATION
& SUNDAY PICKUP
1
Delivery /Pickup
I $600A0
$600.00
48 HOUR NOTICE REQUIRED TO AVOID CANCELLATION FEES, BUSINESS ACCOUNT
CLIENT ORDERS MUST BE PAID IN FULL 3 DAYS PRIOR TO DELIVERY,
Signature:
CITY OF SANTA ANA PARKS & REC
Store Hours Mon - Fr19:00a -5:00p Sat 10:000 -2:00p Modification 1A 2
Primed On TUe 7/1912 01 6 10.25 64AM eollwarepy Pglnbc4PantAI6oflwere w"polntoErenlol.com Cunlod Per,rnv,1(1)
25C -17
Rental: CA BUS:
aalas: Dellvery Charge:
$52,846.85 $5,284.68
$3,484.05 $600.00
Subtotal:
Sales Tax: Total:
Amount Due:
$62,215.50
$307.08 $82,522.86
$0.00
$62,622,66
Signature:
CITY OF SANTA ANA PARKS & REC
Store Hours Mon - Fr19:00a -5:00p Sat 10:000 -2:00p Modification 1A 2
Primed On TUe 7/1912 01 6 10.25 64AM eollwarepy Pglnbc4PantAI6oflwere w"polntoErenlol.com Cunlod Per,rnv,1(1)
25C -17
25C -18
AGREEMENT WITH STAGE PLUS EVENT STAGING SERVICES
FOR PROVISION, INSTALLATION AND REMOVAL OF
STAGE EQUIPMENT FOR FIESTAS PATRIAS 2016
THIS AGREEMENT is made and entered into this I" day of August, 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 wider the Constitution and laws of the State of California ("City ").
RECITALS
A. The City desires to retain a contractor having special skill and Imowledge in the field of providing,
installing, maintaining, and removing stage equipment for the Fiestas Patrias event that the City is conducting
on September 10 and 11, 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 wider this Agreement will be performed in compliance
with such standards as may reasonably be expected from a professional consulting fret 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 stage, ground support systems,
audio, lighting, scaffolding, barricade and ramps (collectively the "Equipment ") at the 400 block of 4"'
Street in Downtown Santa Ana or at other locations specified by City, as further described in Exhibit A to
this Agreement. Contractor shall begin installation of the Equipment at 7:00 p.m, on Friday, September
9, 2016. Contractor shall clean up and remove the Equipment by 6:00 a.m., Monday, September 12,
Contractor shall also provide stage manager services.
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
$27,592.40. This amount is comprised of (1) the sum of $25,084 and (2) up to a 10% contingency fee of
$2,508.40 for additional equipment or services requested at the sole discretion of the City.
b. Payment shall be made within thirty (30) clays following receipt of proper invoice evidencing
work performed, subject to City accounting procedures. Payment need not be made for work which fails
to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on September 31.,
2016, unless terminated earlier in accordance with Section 12 below.
Exhibit 2°
25C -19
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 maimer in which Contractor performs the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and representatives as
additional insured(s) and shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
ecciurence 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 the provisions of 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.
25C -20
(ii) Certificates of insurance shall be famished to the City upon execution of this
Agreement and shall be approved in form by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
e. If Contractor fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to 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
Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents,
employees, considtants, 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 Contractor or its contractors, 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. This indemnify 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. 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 selectcd by the
City, regarding any action by a tbird 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. Notwithstanding the
foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contactor.
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 infoi nation 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 mamrer with performance of services specified under this
Agreement.
25C -21
9. NOTICE
Any notice, tender, demand,, delivery, or other conununication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by fast class or
certified mail, postage prepaid, or sent by facsimile or other telegraphic conrnunication in the manner
provided in this Section, to the following persons:
To City: Cleric 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 (TI.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, 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. EXCLUSFVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor
with respect to the subject matter herein, and supersedes any and all other agreements, oral or written,
between the parties. In the event of a conflict between the terns 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
4
25C -22
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 consultants retained by City.
11 TERMINATION
This Agreement may be terminated by the City upon ten (10) 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. NONDISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, disability, or any other basis protected by state or federal law in
connection with any activities under 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 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. Such inability shall be
cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbolow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall mdem ify 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.
25C -23
b. All Exhibits referenced herein and attached hereto shall be incorporated as if frilly 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
Clerk of the Council
APPROVED AS TO FORM:
OJ M. Funk
ssistant City Attorney
RECOMMEND FOR APPROVAL:
Gerardo Monet, Executive Director
Parks, Recreation & Community Services Agency
CITY OF SANTA ANA
David Cavazos
City Manager
CONTRACTOR:
Stage Plus Event Staging Services
Name:
Title:
25C -24
EXHIBIT A
25C -25
�z , >
s T a o�
2330 S. Susan St, Santa Ana, CA 92704 (714)241 -0184 (714) 528 -3891 (714) 241-0185 FAX
B1-L TO: Gerardo,�M�.,,,o,�uet
Sonia Buttes
Parks, Recreation, and Community S'erviues Agency
city of St eta Ana
714x714204 Tel
714.5!1-4227 Tel
714- 486 °4732 Cel
GMoueftania-anaarg
SOUND (MAW STAGO
sword craft 6132 ch Console (Poto
1 Drive Rack
1 Shako w/ monitor split
12 EV Cobra Liao Array (midn iga)
12 EV Cobra Dual 1S"
Monitor ppkg (Cr6 maxi
1 Sauad Craft SI 32 Console Woaitors)
6 Floor Monitor
1 Drum Fill Monitor
2 Sills Fill
Work Box
4 Sure UR VAirless Mks
1 Ml kg
1 pkg
C6 pryer
Engiaoer
Tech
Wu Staga
40 x M x N Stage
2 Stair unit
1 SUrtlag front of stage
1 Stage rolls left, right &rear
i Am 40 x 32 xx 30h S CWm Roof (4 toms)
1 40 x 32 Mesh Cover (Black)
1 Anchor Mg (4 - 4,00016s telast)
114 PC Coracle
12 GLP LED wahoe
12 575 spots all Er4
1 Cable ft
1 Distro
24 So ume 4 par
1 Dimmer Pkg
1 Color Gel pkg.
kline instruments
1 Yamala Stage Custom Drum Set
1 Fender Ttvn Guitar Amp
1 WW (4x10) Bass Amp
SHIP TO:
Fiestas Patrlas
Downtown Santa Ana, CA
Of a
25C -26
Bic r, ye'' fT •'r.F".'C3i+!�zYic3i"F�i7C+SIc
2330 S Susan St, Santa. Ana, GA 92704 (714Y1 1-0184 (714) 528 -3891 (714) 241-0185 FAX
zeta -t
ITEM Na iy. DFWRIMON
1
WOO
12 Pupal LED Vidual 8mm, Solid Wall
i DVD
i
1 Dtetco
1
Deliver ,SR up & ekvp
1
:Building & Way Permit (No Fa4
1
Stage Manage' (ut -un)
1
5K FbdMt (2dao
pwxee3
25C -27
3
2330 S, Susan St, Santa Ana, CA 92704
N5915 -1
(714)2410184 (714) 528-3891 (714) 241 -0185 FAX
71 v� : 111
pRVWRqT7W
P-330 S. Susan St, Santa Ana, CA 92704 (714)241-0194 (714) 528 38% (714) 241-0185 FA*
BEL TO:
Gi rmdo Mouet SHIP TO:
Executive Director CINCO DL MAYO
Padts Recreation, and Community Service Agamy
Cl yy o�f Santa Ana
714J- 571-4204 Tai
714- 4W4732 Cal
MH DATE OF ORDER. I
FAYNIEW TERha- TW Sot
DDOULDATE— 72016
ITEM NO, QTY. DESCRWIION
1 PA System for Community Staip
2 JM Mpa Solf Powered
2 JEL Subs 901f Poworad
1 6 channel mixer
I SM 58 Vic
1 XLR, Eloehical Pkg
I UT Q days from 12*m)
SUB TOTAU
TAX,
SHIPPING:
YOU PAY TIM AMOUNT:
25C -29
BILL TO,.
Guam,> mouet SHIP TO
Executive Director Fiesta Patrias
Parks, Recreation, and Community Sffvim Agency Downtown Santa Ana, CA
Witt' of Sum Am
71 4�A-= Tel
714- 486-4732 Cel
25C-30
DATE OF MMP:
TBD
Film
Teaur TBD
MOICE-NMEEk—
J)&7 --
ITEM NO Qff. YrION
I
1
1
4w X W% $ MOO
77w X 3241 Ldi $567,00
7rw X 324-k Right $567,00
SUB TOTAL
TAI
SHIPPING
YOU PAY THIS AMOUNT:
25C-30
AGREEMENT WITH CHRISTIANSEN AMUSEMENTS, INC.
FOR CARNIVAL EVENT PRODUCTION (FIESTAS 2016)
THIS AGREEMENT is made and entered into this 16`" day of August, 2016 by and
between Christiansen Amusements, Inc., 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 its annual Fiestas Patrias event on September 10 and 11, 2016
( "Event') for the enjoyment of its community and residents.
B. Promoter represents that Promoter is able and willing to provide carnival 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 will include set -up prior to the start and
clean -up following the conclusion. City grants Promoter the right to enter its property for the
purpose of these services, including delivery, set -up, and pick -up.
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.
2. FEES
For the right to produce the Event as set forth in Exhibit A, Promoter agrees to pay the
City the sum of 25% of gross ride ticket sales for the Event, provided that the minimum amount
due to the City under this Agreement shall be $17,500. Payment to the City shall occur within
seven (7) days following Event.
3. TERM
This Agreement shall commence on the date first written above and terminate on
September 31, 2016, unless terminated earlier in accordance with this Agreement.
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
Exhibit 3
25d -31
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.
5. 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
G' f�1 ►f ?- �I�I�i7�I►IIITK�7►�If7:C�C�
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, ajoint 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.
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 insurance which shall
include, but not be limited to protection against claims arising from bodily and personal
injury, including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of the operations or performance of this Agreement by
Promoter, its operators or subcontractors, including, without limitation, acts involving
vehicles. The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and property damage,
in the amount of $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not
contributory with respect to insurance or self - insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
B. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Workers' Compensation Insurance. In accordance with the provisions of California
State law, Promoter, if Promoter has any employees, is required to be insured against liability for
worker's compensation or to undertake self - insurance. Prior to commencing the performance of
the work under this Agreement, Promoter agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
Exhibit 3
a
25C -32
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 farm of similar type limitation."
iv. A complete and signed certificate of insurance with all endorsements required by this
Section shall be filed with City upon 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. The certificate of insurance shall include all endorsements necessary for the City to
be additionally insured under Promoter's policy.
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 terminate this
Agreement. Promoter agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
8. INDEMNIFICATION
Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the
City, its officers, agents, employees, special counsel, and representatives from liability, loss,
damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial
or equitable relief arising out of claims for personal injury, including death, and claims for
property damage, which may arise from the direct or indirect operations of the Promoter or its
operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in 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 terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Agreement or by reason of the terms of, or effects, arising from this Agreement. The
Promoter further agrees to defend, indemnify, hold harmless, and pay all costs for the defense of
the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal
injury, 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.
Exhibit 3
25d -33
9. 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 rule presently in effect
or promulgated in the future, as such laws, regulations or rules may be amended from time to
time; and it shall be interpreted to include, but not be limited to, any substance which after release
into the environment will or may reasonably be anticipated to cause sickness, death or disease.
10. 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 California 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.
11. 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.
12. 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.
13. TERMINATION
This Agreement may be terminated by the City without cause upon ten (10) days written
notice of termination.
14. 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).
15. INSOLVENCY OF PROMOTER
The insolvency of Promoter as evidenced by a receiver being appointed to take
possession of all or substantially all of the property of Promoter, or the making of a general
assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy, shall
terminate this Agreement.
Exhibit 3
4
25C -34
16. 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.
17. 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.
18. 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.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, addressed to the party concerned as
follows:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
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
Santa Ana, California 92702
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -6515
To Promoter: 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
Exhibit 3
25d -35
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.
20. COMPLIANCE WITH LAWS
Promoter shall obtain and maintain a permit(s) 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 permits and other governmental approvals, required in connection with Promoter's
activities hereunder, and update such permits /approvals as necessary.
21. 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 ackriowledges 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.
22. 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.
23. 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.
FT, �Its 011 MA 01011MUMILM
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
Exhibit 3
25C6 36
25. 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.
26. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
termination, or expiration of this Agreement, shall so survive,
27. MISCELLANEOUS PROVISIONS
A. Each undersigned represents and warrants that its signature below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City frilly, 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
Clerk of the Council
APPROVED AS TO FORM:
SONIA R, CARVALHO
City Attorney o��
By: *"
ssis n Furnk
tant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CHRISTIANSEN AMUSEMENTS
By:
RECOMMEND APPROVAL: Title:
Gerardo Mouet, Executive Director
Parks, Recreation & Community Services Agency
Exhibit 3
25G -37
EXHIBIT A
SCOPE OF WORK
for 2016 Fiestas Patrias Event
Christiansen Amusements
I. 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.
II. CLEAN UP - PROMOTER will maintain continuous lifter 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 booths 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.
IV. LOFTS - PROMOTER shall exercise caution and special measures to ensure minimal disruption to owners
and tenants of the live -work lofts located on blocks bounded by Main Street, 3d Street, Spurgeon Street and
I" Street (the "Lofts "), including:
Exhibit 3
8
25C -38
a. Blocking off the sidewalks on 3' Street in front of Lofts with chain link fencing with screening to
create a private walkway for loft residents.
b. Assume responsibility for any damage done 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 maximum of $100 /per day.
e. PROMOTER shall schedule equipment set up and tear down, trash removal, and carry out other
logistical activities in such a manner that will minimize late night noise and other disturbances and
disruption to Loft residents.
f. 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. QUIET 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 east 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 Spurgeon 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.
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
time, 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.
h. PROMOTER must supply restrootn 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
Exhibit 3
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Street.
k. PROMOTER will set up one (1) food booth and food items are listed as follows: Assorted candy,
candy /caramel apples, chips, churros, corn dogs, cup of soups, deep fried Twinkies /Oreos, hotdogs, cotton
candy, funnel cakes, nachos, peanuts, pickles, pizza, popcorn, drinks, water and coffeelhot tea/hot cocoa.
I. 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 *, Kamikaze *, Lady Bugs, Merry -
Go- Round, Motor Cycle Jump, Bees *, Slime Time, Scooters *, Tilt- A- Wbirl *, 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:
570kw and 320kw
n. PROMOTER will set up seventeen (17) game booths and are listed as follows: Balloon Dart, Balloon Dart,
Mini Basketball, Mini Basketball, Ring Toss, Punk 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 DOSH 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. PROMOTER shall provide two (2) state licensed uniformed guards in the carnival area overnight each
day of the Event. Additional provisions for State licensed uniformed guards hired 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
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 charge 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.
Exhibit 3
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