HomeMy WebLinkAbout25B - AGMT FIESTA CARNIVALREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 6, 2018
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
APPROVE AN AGREEMENT WITH FIESTA
❑ As Recommended
DE CARNIVAL FOR A PARK CARNIVAL
El El
ElOOrrdinance 1" Reading
OPERATOR AT CITY OWNED PARKS
on
❑ Ordinance on 2nd Reeding
(STRATEGIC PLAN NO. 5, 4B)
❑ Implementing Resolution
April 6-8 Fri -Sun
❑ Set Public Hearing For
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Fiesta de
Carnival in the annual amount of $42,250 for a two-year term with three one-year renewal options,
subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On November 22, 2017 a Request for Proposals (RFP) was issued. Despite posting the RFP on
PlanetBids and City staff contacting various carnival operators, the City only received one proposal
from the current firm providing the service.
A three member evaluation committee consisting of representatives from the Parks, Recreation
and Community Services Agency reviewed the proposal. The proposal was evaluated according to
the criteria listed in the RFP, which includes equipment, capability, and functionality of vendor, level
of service and support, experience of firm and personnel, and past performance. The evaluation
concluded that the vendor is qualified to continue as the carnival operator. Below is a listing of
park sites, tentative dates and the fee that is to be remitted to the City.
Park Sites and 2018 Tentative Dates
Venue/License Fee
Jerome Park
Large/$8,250
March 9-11 Fri -Sun
Cesar Chavez/ Campesino
Small/$4,500
April 6-8 Fri -Sun
Madison Park
Large/$8,750
May 25-28 Fri -Mon
Rosita Park
Large/$4,500
June 1-3 Fri -Sun
25B-1
Agreement with Fiesta de Carnival for
A Park Carnival Operator at City owned Parks
February 6, 2018
Page 2
EI Salvador Park
Small/$2,250
June 15-17 Fri -Sun
Jerome Park
Large/$7,000
August 10-12 Fri -Sun
Madison Park
Large/$7,000
November 9-12 Fri -Mon
Traditionally, carnivals conducted at Jerome Park and Madison Park draw larger crowds and are
more profitable. Conversely, carnivals conducted at Cesar Chavez/Campesino, Rosita and EI
Salvador Park draw smaller crowds and generate less revenue. Therefore, the license fee for the
large carnivals conducted at Jerome, and Madison parks is higher than the license fee required
for carnivals conducted at Cesar Chavez/Campesino, Rosita, Delhi and EI Salvador. The total
projected annual revenue for this agreement is $42,250 per year and will be used to fund
deferred maintenance needs at city parks.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement
& Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy B (Improve
neighborhood quality by locating or providing access to complementary services and public
facilities, including access to healthy food options (community gardens, farmers' markets, corner
markets, etc.) in neighborhoods).
FISCAL IMPACT
Anticipated funds have already been budgeted in the current year and funds will be budgeted as
part of the City budget process for the first two-year term.
Accounting Unit 17/18 18/19 19/20
Fees and Donations Revenue (no. 02213002 57010) $28,250 42,250 14,000
Fees and Donations Expenditures (no. 02213002 various) $28,250 42,250 14,000
Funds will be budgeted in the following accounts for future renewal periods:
Unit
19/20 20/21 21/22 22/23
02213002 57010) $28,250 42,250 42,250 14,000
Fees and Donations Expenditures (no. 02213002 various) $28,250 42,250 42,250 14,000
25B-2
Agreement with Fiesta de Carnival for
A Park Carnival Operator at City owned Parks
February 6, 2018
Page 3
Ao�74 D/
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services
Agency
EXHIBIT: 1. Agreement —Fiesta de Carnival
APPROVED AS TO FUNDS AND ACCOUNTS:
Ste` i All1�_ h Q_ a
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
25B-3
25B-4
NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS
THIS AGREEMENT is made and entered into this 6TH day of February, 2018 by and between
Fiesta de -Carnival, -a California Corporation (hereinafter "Operator"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A. On November 22, 2017, the City issued a Request for Proposal No. 17-133 ("RFP")
seeking carnival operators to provide carnivals at specified City owned parks.
B. Operator submitted a proposal to the City dated November 27, 2017, to provide carnival
services to the City as specified in the RFP,
C. In undertaking the performance of this Agreement, Operator represents that it is,
knowledgeable in its field and that any services performed by Operator under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional carnival operator in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Operator shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work
required to fully and adequately complete the services described and set forth in the
Scope of Work - Exhibit A, attached hereto and incorporated by reference.
Operator's proposal dated November 27, 2017, is also incorporated by reference as
though fully set forth herein.
b. Operator shall provide at each of the Parks identified a full service carnival
complete with the rides, equipment and services as set forth in the RFP and Exhibit
A to this Agreement. The RFP shall be incorporated by reference as though fully
set forth herein. Operator, if it contracts with another Operator to provide carnival
attractions, shall require such Operator to fully comply with all the terms and
conditions of this Agreement regarding the provision of carnival services, including
insurance requirements referenced below and the requirement that the operator
obtain a permit for amusement rides from the Department of Industrial Relations.
Not later than sixty (60) days prior to the staging of any carnival event, Operator
shall obtain the written approval of the Executive Director of Parks, Recreation and
Community Services, of any such Operator. Operator shall not utilize a different
operator without first obtaining the written permission of the Executive Director.
Page 1 of 11
2. PRENIISES AND USE
a. The City owns the community parks ("Parks") referenced in Exhibit A. City grant to
the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the
above stated Parks ("Carnival Areas") for the purpose of providing carnivals during the dates and
times noted in Exhibit A and for no other purpose. Operator shall provide one (1) carnival
("Carnival Event") at each location during the term of this Agreement on dates approved by the
Executive Director of Parks, Recreation and Community Services Agency, as set forth in Exhibit
A.
b. The right and permission of Operator is subordinate to the prior and paramount right
of the City to use the City owned Parks described herein above in its entirety for public purposes
to which it presently is and may, at the option of the City, be devoted. Operator agrees to use the
Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and
enjoyment of the Parks by the City, its residents and guests.
C. Operator hereby acknowledges that title to the Parks is vested in the City and agrees
never to assail or challenge the same, and further agrees that Operator's use and occupancy of the
Carnival Area with the Parks shall be limited solely to the permission for such use and occupancy
granted herein.
d. As a covenant to this Agreement, Operator agrees to adhere to and comply with all of
the terms, conditions and responsibilities enumerated in the RFP 17-133.
e. The parties hereto agree that if, at the sole discretion of the City, a Carnival Event
should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the
City at its discretion may grant Operator alternative dates for conducting of the Carnival Events
with the term of this Agreement. If Operator desires to obtain alternative dates as provided in this
paragraph, Operator must timely request the same from City.
3. FEES/DEPOSITS/PERNIITS/LICENSE
At least ten (10) days prior to the commencement date of each Carnival Event, Operator
shall pay to the City the applicable fee for use of the Carnival Area, as detailed in Exhibit A. In
addition to the fees set forth herein, Operator shall pay all required City fees and deposits including
the fees for police services and Park clean up, and obtain all required permits and licenses as
detailed in Exhibit A. All fees and deposits shall be due and payable as set forth in Exhibit A.
Additionally, failure to pay the cleanup/damage deposit and/or any other outstanding balances and
fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of
$500 per day. The vendor will not be allowed to start an event if there is an unpaid balance.
Vendor is subject to other monetary penalties for failure to perform as set forth in the RFP.
4. SECURITY DEPOSIT
Contemporaneously with the execution of this Agreement, Operator shall deposit with City
the additional sum of $5,000 as a security deposit, The deposit shall be held by City, without
liability for interest, as security for the faithful performance by Operator of all the terms, covenants,
and conditions of this Agreement to be kept and performed by Operator during the Term of this
Page 2 of 11
V
Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth
herein. Assuming successful completion of all terms and conditions of this Agreement, including
those within the RFP, the security deposit, or any remaining portion thereof; and any unused fees
shall be returned within 60 days of the final carnival activity provided for in the Agreement.
5. TERM
This Agreement shall commence on the date first written above and terminate two (2) years .
later, unless terminated earlier in accordance with Section 19, below. The term of this Agreement
may be extended for three (3)_additionalone (1) year terms at the City's sole discretion through a
writing executed by the City Manager and the City Attorney.
6. NON -POSSESSORY INTEREST
City retains full possession of the Park and Carnival Area and Operator will not acquire
any interest, temporary, permanent, irrevocable, possessory or otherwise, by reason of this
Agreement, or by the exercise of the permission given herein. Operator will make no claim to any
such interest. Any violation of this provision will immediately void and terminate this Agreement.
NON -RECORDING
Neither party shall record this Agreement.
8. RECORD KEEPING AND AUDIT
a. Operator shall establish and maintain separate accounting records for each Carnival
Event at the specified Parks. Operator's accounting system shall conform to the
generally -accepted accounting principles and all records shall provide a breakdown
of total costs and revenues associated with the Park Carnival Events.
b. All Operator's records of revenues and repairs pertaining to the Carnival Events
referenced herein shall be kept for the duration of this Agreement and made
available at all times for audit by the City upon request.
9. INDEPENDENT CONTRACTOR
Operator shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the
City to exercise discretion or control over the professional manner in which Operator performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Operator shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Operator shall pay all salaries and wages, employer's social security
taxes, unemployment insurance and similar taxes relating to employees and shall be responsible
for all applicable withholding taxes.
Page 3 of 11
10. INSURANCE
Prior to undertaking performance of work under this Agreement, Operator shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Operator 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 Operator'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, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
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. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Operator, if Operator has any employees, is required to be
insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Operator
agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
d. If Operator is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Operator
pursuant to this section:
i. Operator shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved 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.
iv. Operator shall supply City with a fully executed additional insured
endorsement.
f. If Operator fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
Page 4 of 11
" I
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 affect
Operator's right to be paid for its time and materials expended prior to notification
of termination. Operator waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
11. INDEMNIFICATION
Operator agrees to defend, and shall 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
negligent operations of the Operator, its subcontractors, agents, employees, or other persons acting
on its 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 Operator
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Operator'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 Operator.
12. TRASH/UTILITIES/CLEANUP
Operator is responsible for the collection and disposal of all trash as specified in the RFP,
including providing the required 40 yard roll -off dumpsters. Operator is responsible for the
continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to
this Agreement as set forth in Exhibit A. The area to be cleaned includes the parking lots and the
surrounding neighborhood and streets. Further, with the exception of the City supplying two (2)
potable water hookups as set forth in Exhibit A, Operator is responsible for supplying all utilities
to be used during the Carnival Events, including supplying the required portable toilets as specified
in Exhibit A. Persons performing clean-up shall be employees or subcontractors of the vendor.
13. HAZARDOUS MATERIALS
Operator represents and warrants that its use of the Carnival Area herein will not generate
any hazardous substance, and Operator will not store or dispose on the Park and/or Carnival Area
nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further
Page 5 of 11
agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and
Property, and hold City harmless from and indemnify City against any release of any such
hazardous substance and any damage, loss, or expense or liability resulting from such release
including all attorneys' fees, costs and penalties incurred as a result thereof except any release
caused by the negligence of City, its employees or agents. "Hazardous substance" shall be
interpreted broadly to mean ruly substruIce 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.
14. WASTE OR NUISANCE
Operator shall not commit or permit the commission by others of any waste on the Park or
Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of
any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the
Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas
for any unlawful purpose.
15. PUBLIC NECESITY
City may immediately temporarily suspend operation of this Agreement and the Carnival
Event in the event of public necessity or emergency, as may be determined by the City Manager.
Such suspension will terminate when the public necessity or emergency no longer exists.
16. ON-SITE OFFICE
One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location
predetermined by the Park Superintendent, to be used exclusively as a business office by Operator.
This vehicle must be equipped as an office and used only as such. Under no circumstances is this
vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will
be allowed on the premises for the period provided for all other carnival equipment pursuant to the
RFP.
17. LIENS
Operator will not permit any mechanics' or materialmen's' or other liens to stand against
the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person
claiming under Operator.
18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION
a. In the event of any damage, destruction or condemnation of the Park and/or
Carnival Area, which renders the Park and/or Carnival Area unusable or inoperable
in Operator's judgment, Operator shall have the right, but not the obligation, to
Page 6 of 11
terminate the Agreement with respect to the subject Carnival Area by giving written
notice to the City within thirty (30) days after such damage, destruction or
condemnation. If by virtue of such damage, destruction or condemnation, City
determines that the Park and/or Carnival Area is no longer adequate for Operator
to continue its operations, or any repairs to the Park and / or Carnival Area to
remedy such damage, destruction or condemnation have not been completed or
cannot reasonably be completed outside of forty-five (45) days from the date of the
upcoming scheduled carnival, City may terminate this Agreement upon thirty (30)
days written notice to Operator.
b. In the event of condemnation, unless Operator is allowed by the condemning
authority to continue its operations in the Carnival Area, this Agreement shall
terminate as of the date title to the Property vests in the condemning authority or
Operator is required to cease its operations, whichever is earlier. If any property
described herein or hereinafter added hereto is taken in eminent domain, the entire
award shall be paid to City.
19. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. City may terminate this Agreement for cause upon three (3) days written notice for
any violation of the terms contained herein.
20. DEFAULT BY OPERATOR
Should Operator default in the performance of any of the terms, conditions, or obligations
contained in this Agreement, City may, in addition to the remedies specified elsewhere in this
Agreement and the RFP, re-enter and regain possession of the Carnival Area in the manner
provided by the laws of unlawful detainer of the State of California then in effect.
21. INSOLVENCY OF OPERATOR
The insolvency of Operator as evidenced by a receiver being appointed to take possession
of all or substantially all of the property of Operator, or the making of a general assignment for the
benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this
Agreement and entitle City to re-enter and regain possession of the Carnival Area.
22. CUMULATIVE REMEDIES
The remedies given to City in this Agreement shall not be exclusive, but shall be
cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided
in this Agreement.
Page 7 of 11
r =`
23. WAIVER OF BREACH
The waiver by City of any breach by Operator of any of the provisions of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either
of the same or another provision of this Agreement.
24. CONFLICT OF INTEREST
Operator covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
25. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Parks, Recreation and
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
To Operator:
Fiesta de Carnival
11278 Los Alamitos Blvd. #101
Los Alamitos, CA 90720
Telephone: 562-799-7737
Fax: 562-799-1443
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
Page 8 of 11
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.
26. CONTRACT ADMINISTRATOR
The Executive Director of Parks Recreation and Community Services Agency, or his/her
designee, shall be City' s Contract Administrator for this Agreement and all approval and, notices
required to be given herein shall be so directed and addressed.
27. COMPLIANCE WITH LAWS
Operator shall obtain and maintain a permit issued by the Division of Industrial Safety of
the Department of Industrial Relations of the State of California. In addition, Operator shall, at
Operator's own cost and expense, comply with all statutes, ordinances, regulations, and
requirements of all governmental entities, including federal and state, county and municipal,
relating to Operator' s use and occupancy of the Park and Carnival Area and, Operator' s facilities
whether such statute, ordinances, regulations, and requirements be now in force or hereinafter
enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a
proceeding brought against Operator by any government entity, that Operator has violated any
such statute, ordinance, regulation, or requirement shall be conclusive as between City and
Operator and shall be considered grounds for termination of this Agreement by City. Operator will
obtain all permits and other governmental approvals, required in connection with Operator's
activities hereunder, and update such permits/approvals as necessary.
28. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Operator, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, 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 Operator. 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 Operator 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 is not embodied herein.
Page 9 of 11
29. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Operator,
Operator may not assign, transfer, delegate, or subcontract any interest herein, except as specified
in Section lb of this Agreement, 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.
30. DISCRINIINATION
Operator 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. Operator affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
31. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
32. ATTORNEY'S FEES
Except as otherwise provided in this Agreement, in the event suit is brought by either party
to enforce the terms and provisions of this Agreement, or to secure the performance hereof, each
party shall bear its own attomey's fees.
33. PROFESSIONAL LICENSES
Operator shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Operator 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.
Page 10 of 11
34. BINDING ON HEIRS AND SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this Section shall
not be deemed to be a waiver of any of the conditions against assignment set forth herein.
35. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:CL
Laura A. Rossini
Senior Assistant City Attorney
FOR APPROVAL:
CITY OF SANTA ANA
Raul Godinez Il
City Manager
OPERATOR:
Name:
Title:
GERARDO MOUET
Executive Director
Parks, Recreation and Community Services Agency
P -°
Page 11 of 11
EXHIBIT A
SCOPE OF SERVICES
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
RFP NO.: 17-133
PROJECT DESCRIPTION
1. SCOPE
The City of Santa Ana is requesting proposals from carnival promoters to conduct nine (9) carnivals on
City -owned park property during the period of March through October 2018 as specified in the
table below. A map of each park with the general event area highlighted is attached to this RFP for
applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre -event
na4 nrt
*One booth is equal to one 10x10 canopy area. A maximum of ten 10 x 10 cooking booths will be allowed
(or five 10 x 20). The remainder can be non-profit, commercial or sponsorship booths. Please include in
your plot plan what goods and services each of these booths will offer and the dimension of each booth.
The City must approve all goods and services sold at commercial booths. Massage booths are not allowed.
Park Site and 2018 Dates
Venue/License Fee
Maximum Size/Scale of Event
1
Jerome Park
March 9-11
Fri -Sun
Large/$8,250
Up
to 16 carnival rides
12 game booths, 20 food or
information booths*.
No live entertainment.
2
Cesar Chavez/ Campesino
Small/$4,,500
Up
to 14 carnival rides
12 game booths, 20 food or
April 6-8
Fri -Sun
information booths*.
No live entertainment.
3
Madison Park
May 25-28
Fri -Mon
Lar2e/$8,750
Up
to 12 carnival rides
12 game booths, 20 food or
information booths*.
No live entertainment.
4
Rosita Park
June 1-3
Fri -Sun
Large/$4,500
Up
to 16 carnival rides
12 game booths, 20 food or
information booths*.
No live entertainment.
5
El Salvador Park
June 15-17
Fri -Sun
Small/$2.250
Up
to 15 carnival rides
12 game booths, 20 food or
information booths*.
No live entertainment.
6
Jerome Park
August 10-12
Fri -Sun
Large/$7.000
Up
to 16 carnival rides
12 game booths, 20 food or
information booths*.
No live entertainment.
7
Madison Park
November 9-12
Fri -Mon
Large/$7.000
Up
to 12 carnival rides
12 game booths, 20 food or
information booths*.
No live entertainment.
Any changes to the above dates must be requested 45 business days before the event. Proposed
changes to the dates for March and April should be requested in the proposal.
*One booth is equal to one 10x10 canopy area. A maximum of ten 10 x 10 cooking booths will be allowed
(or five 10 x 20). The remainder can be non-profit, commercial or sponsorship booths. Please include in
your plot plan what goods and services each of these booths will offer and the dimension of each booth.
The City must approve all goods and services sold at commercial booths. Massage booths are not allowed.
1.1 VENDOR'S RESPONSIBILITIES
1.1.1 PROOF OF INSURANCE — Upon selection, vendor must be able to provide proof of
$1,000,000 general liability insurance for each event a minimum of ten (10) business
days before the event. The insurance certificate must name the "City of Santa Ana, its
Officers, Agents and Employees, as additionally insured. It must also contain the
following clauses: 1) a thirty day written Notice of Cancelation will be provided to the
additional insured; 2) insured's coverage will apply on a primary / non-contributory
basis to the additional insured; and 3) the insurance will contain a separation of insureds
clause. If the certificate of insurance is in the name of the carnival operator it shall
include the carnival promoter as additionally insured.
1.1.2 REQUIRED CLEANUP/DAMAGE/FAIL TO PERFORM DEPOSIT — Upon award of
contract, vendor must provide a $5,000 refundable damage/clean-up/fail to perform
deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency.
Monies will be deducted from the deposit for repair of any damages incurred, cleanup of
the park, unforeseen security or staff costs, or any other charges caused by the event. City
will retain 50% of deposit amount if vendor cancels any carnival event. City retains the
right to reschedule any cancelled carnival. Any remaining monies from the deposit will
be refunded to vendor 30 days after the conclusion of the carnival season. Should costs
incurred by the vendor (as stated above) be greater than the total deposit, the vendor will
be invoiced for the balance due. The vendor will be required to submit the balance due
10 days prior to conducting another event. The deposit balance shall remain at $5,000
during the term of the agreement.
The vendor agrees that failure to pay the cleanup/damage/failure to perform deposit
and/or any other outstanding balances and fees a minimum of ten (10) business days prior
to the start of the event will result in a per day penalty (see Section 2.0). The vendor will
not be allowed to start an event if there is an unpaid balance due.
1.1.3 CLEANUP DURING AND AFTER THE EVENT — The vendor agrees that they have
full responsibility for continuously cleaning the park by removing all trash and debris on
the ground, removing trash from the park receptacles and replacing liners and
cleaning/sanitizing restrooms from the time the first vendor employee arrives at the park
site for set up until the last vendor employee leaves the park. Furthermore, the vendor
agrees to be responsible for cleanup of the event site and the surrounding areas after the
event. Vendor agrees to arrange for trash pick-up in the parking lots and surrounding
neighborhood after each day at vendor's expense. Persons performing clean-up shall be
employees or subcontractors of the vendor. Failure to provide continuous clean-up will
result in dispatching City staff to perform this work at the vendor's expense or the City
hiring a private contractor to perform the work at vendor's expense plus a per day penalty
(see Section 2.0).
1.1.4 STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian
and vehicular traffic and the vendor fails to perform as required in Section 4.1.3 of this
document, the City will arrange for the parking lots and major streets surrounding the
park to be swept on the day following the last day of the event at vendor's
expense. Failure to perform this responsibility will result in a per day penalty (see Section
2.0).
1.1.5 DUMPSTERS — Vendor is responsible for providing the appropriate number of 40 yard
roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by
the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees
to pay a per day penalty (see Section 2.0) if the dumpsters are not provided and removed
as indicated.
1.1.6 REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Vendor must provide a
plot plan utilizing the land use certificate format for the overall equipment set up at pre -
event meeting. City staff will provide plot plan to vendor with ideal exits and entrances.
The plot plan must include entrances, exits, all necessary barricading, detailed location of
all rides, booths, restrooms, electrical equipment, etc. Vendor shall indicate number and
name of rides on the plot plan, and the name and number of other types of carnival units
such as repair and supply units they would like to have on the park. This plot plan is
required by the Police Department, the Fire Department, the Planning and Building
Agency (Electrical Division), the Parks, Recreation and Community Services Agency,
and the Orange County Health Department. Vendor must walk the plot plan through the
City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross
Annex. For further information on the plan check process, please contact the Santa Ana
Police Department at (714) 647-5840. Copy of approved plot plan must be provided to
the Santa Ana Police Department and to the Parks, Recreation and Community Services
Agency. Vendor agrees to pay a per day penalty (see Section 2.0) for each day late
in providing the plot plan.
1.1.7 CARNIVAL LICENSE FEE— Vendor understands and agrees to pay the required
carnival license fees a minimum 10 business days prior to each event. Checks shall be
made payable to "The City of Santa Ana". Vendor agrees to pay a per day penalty (see
Section 2.0) for each day late in paying license fee.
1.1.8 FIRE AND ELECTRICAL INSPECTION — Ten (10) business days prior to the event,
the vendor must schedule appointments with the Orange County Fire Authority (OCFA)
and the Santa Ana Planning and Building Agency for an electrical inspection of all
generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to
pay a per day penalty (see Section 2.0) for each day late in scheduling appointments
as indicated.
No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). Actual
event rules and regulations will be provided to the vendor at plan check and copies shall
be provided to each booth operator by the vendor. Vendor must provide all event
electricity. Hookups to park electrical outlets will not be permitted. All vendors must be
set-up and ready for inspection by 4:00 p.m. on the first day of the carnival. Vendor
agrees to pay a per day penalty (see Section 2.0) for each violation.
1.1.9 O.C. HEALTH DEPARTMENT REQUIREMENTS — Vendor must obtain food permits
and food booth inspections from the Orange County Health Department a minimum of
ten (10) business days before the event. Any booths or vendors not receiving prior
approval from the Orange County Health Department will not be allowed to operate.
Food booths are only allowed to operate for the duration of the event during event hours
only. To obtain food permits and schedule booth inspections, vendor must contact the
Orange County Health Department at (714) 667-3610. Vendor agrees to pay a per day
City of
penalty (see Section 2.0) for each day late in securing food permits and food booth
inspections. Furthermore, the vendor agrees to pay a per day penalty (see Section 2.0) for
each food booth discovered operating without prior approval of the O.C. Health
Department. All permits, licenses and any other required document must be submitted at
least 10 business days before each carnival date.
Parks and Recreation will provide two (2) potable water hookups during the entire event.
These water hookups are to be used ONLY for sanitation purposes in compliance with
the Orange County Department of Health regulations, and are not for camping or
refreshment preparation use. Vendor agrees to pay a per day penalty (see Section 2.0) for
each violation.
1.1.10 REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS
(BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) — Carnival promoter is
responsible for supplying the Business License Office with a list of pre -approved
potential vendors before sending vendors to the Business License Office, in order to
avoid unapproved vendors from vending during the event, or carnival promoter can
collect all the necessary information and fees from the vendors and submit the entire
packet to the Business License Office. All permits, licenses and any other required
document must be submitted at least 10 business days before each carnival date. Vendor
agrees to pay per day penalty (see Section 2.0) for each day late in submitting/paying the
packet to the Business License Office.
All vendors, business or non-profit organizations (selling or information only), which
vend on City Property are required to possess a City of Santa Ana Business License.
Businesses who do not have a current City of Santa Ana Business License can obtain a
One -Day Peddler/Solicitor license. Non -Profit Organizations are required to obtain a
Fee -Exempt status through the Business Tax Office. This is a once a year registration
fee. For more information the Business Tax Office can be contacted at (714) 647-5447.
The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA
92702. Vendor agrees to pay a per day penalty (see Section 2.0) for each booth operating
without a City Business License.
1.1.11 CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Vendor shall send a letter
to the neighborhood associations adjacent to the park where the carnival is to be
conducted informing them of the event and to gain their organization's support for the
planned activity at the park during the scheduled times and dates, a minimum of ten (10)
business days before the event. The Community Development Agency will provide
contact information to the vendor for a particular neighborhood upon request. Vendor
must submit copy of signed letter, on the organization's letterhead, to the Santa Ana
Police Department and to the Parks, Recreation and Community Services Agency a
minimum of ten (10) business days before the event. The Community Development
Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a per day
penalty (see Section 2.0) for each violation of this section.
1.1.12 CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each
carnival event, vendors must post a sign or send flyers to the neighborhood surrounding
the park informing them that the event will take place. Signs or flyers must be in English
City ofWL1617-133
and Spanish. Vendor agrees to pay a per day penalty (see Section 2.0) for each violation
of this section.
1.1.13 CONTACT WITH BUSINESS ORGANIZATIONS - Vendor must send a letter a
minimum of ten (10) business days before the event to each business owner within a
quarter mile radius of the carnival site, notifying them of the dates and times of the event,
and what precautions should be taken to prevent program participants from parking in the
surrounding business parking lots. Vendor agrees to pay a per day penalty (see Section
2.0) for each violation of this section.
1.1.14 REQUIRED EVENT PERSONNEL — A minimum of two (2) from start of event until
6pm daily and a minimum of four (4) from 6pm until all attendees have left the carnival
grounds daily; uniformed, state licensed security personnel contracted through a private
bonded security company will be required each day of the event. Vendor must provide
the designated amount of soft security as specified by the Santa Ana Police Department
prior to or on the date of the pre -event meeting. The Santa Ana Police Department'may
modify the number of security required as it sees fit, due to specifications in the scale and
activities to be held at the event, and/or recent activity in the park and surrounding areas.
Security personnel must be present 30 minutes prior to the beginning of the event each
day and must stay a minimum of one (1) hour after the completion of the event each day
or until the park is clear, to help prevent any possible disruptions.
All security officers must carry two-way radio equipment to enable them to communicate
with all other security personnel. All security personnel must wear highly visible attire
(security vest, jacket) identifying them as security officers. None of the security
company personnel may be armed. A copy of the signed agreement with the security
company must be provided a minimum of ten (10) business days prior to the event.
Vendor agrees to pay a per day penalty (see Section 2.0) for each violation of this section.
Furthermore, if it is discovered that the security deployment is less than the City's
mandated level of security the City may elect to dispatch, at the vendor's expense SAPD
and/or Park Ranger's to bring the security levels up to the agreed upon level.
1.1.15 REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must
obtain clearance from the City of Santa Ana Police Department. Arrangements for
clearance to be obtained can be made by calling (714) 647-5840. Vendor agrees to pay a
per day penalty (see Section 2.0) for failure to perform this responsibility.
1.1.16 POLICE DEPARTMENT REQUIREMENTS — Vendor must provide the Police
Department with the names of the contact persons representing the carnival vendor and
contracted security company. At least one of those security company contacts must have
access to a cell phone to be used in case the Santa Ana Police Department needs to be
called for assistance. The promoter will be required to turn in a completed Land Use
Certificate form, site plan and Security Guard contract to the Police Department. The
security Guard contract shall include the following supplemental information:
• The Security Officer in charge, name and cell number
• A list of names, guard card numbers and copy of guard cards of the security
officers assigned to the event.
City 0 �WV 17-133
Guards will be required to produce their guard card on demand during the event if
requested by the Police Officers assigned to the carnival. If the guard fails to provide said
card he shall be immediately replaced by the contracted guard company with an officer
who has a guard card.
Vendor must also have a minimum of two (2) Santa Ana Police Department Officers
present at all carnivals from 6pm until all attendees have left carnival grounds daily. In
addition, one (1) traffic officer will be required at Jerome and Cesar Chavez/Campesino
locations. If the number of officers required exceeds two officers, vendor shall not be
responsible for the payment of costs for more than four officers. The Police Department
will coordinate necessary police assistance for the event at vendors' expense.
1.1.17 ADDITIONAL POLICE/F'IRE/PARK PERSONNEL — Vendor agrees that if a
disturbance occurs due to the operations of the carnival and additional Police, Fire or
Parks personnel assistance is required, vendor will pay those additional expenses.
1.1.18 PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL —
Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to
schedule a walk through the park before and after the event. The pre -inspection and post -
inspection meetings will determine the condition of the sites before and after the event. A
pre -inspection meeting must occur on the Tuesday prior to the carnival event. Vendor
must bring the proposed plot plan to this meeting. Vendor shall not set up until pre -
inspection has been completed. Set up prior to event date and/or before the pre -
inspection meeting will result in a per day penalty (see Section 2.0) and may lead to a
suspension of future events.
A post -inspection meeting shall be completed on the second day following the carnival
activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana
Police Department and the Parks, Recreation and Community Services Agency. Failure
to do so will result in a per day penalty (see Section 2.0) and may lead to a suspension of
future events.
The vendor understands and agrees that the Park Supervisor shall be the final authority
regarding interpretations of the sites existing conditions both before and after the event.
Failure by the vendor to set and attend these meetings will result in the Park Supervisor
performing the walk through of the park site without the vendor and all conditions
recorded by the Park Supervisor shall be deemed as accurate and final.
1.1.19 PROTECTION OF FIELD AND TURF — Vendor shall be responsible for placing the
carnival equipment in a way as not to cause damage to the park turf or irrigation system
(sprinkler heads, etc.). Such precautions may include painting around or covering the
sprinkler heads with a "metal disk", or whatever efforts are necessary to protect the
irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or
irrigation equipment due to the carnival event will be deducted from the security deposit.
In the event that the cost of damages exceeds the deposit amount, vendor must pay the
balance within ten (10) days of the conclusion of the event. All concerns must be
resolved prior to continuing with future events. Failure to do so may result in the
suspension and or voiding of contract with carnival promoter.
1. 1.20 CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be
moved into the park prior to the completion of the pre -event inspection meeting and/or
9:00 am on the Tuesday before a carnival event is to be held. All equipment must be
removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival
event, unless approved in writing by the Park, Recreation and Community Services
Agency. There will be a per day penalty (see Section 2.0) for equipment arriving earlier
or left in the park later than the above stated times.
1.1.21 CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no
later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than
10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on
Sunday night and 10:00 p.m. on Monday night. Ticket sales and food sales must stop
one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a per
day penalty (see Section 2.0) for each violation of this section.
1.1.22 PORTABLE RESTROOMS — Vendor shall provide a minimum of seven (7) portable
toilets, with one of those toilets designed specifically for disabled persons and a
minimum of three wash stations. The toilets shall be placed no later than noon on the
Thursday prior to the event and must be removed by 2:00 pm on the Monday following
the conclusion of the event. Two (2) of the portable toilets must be delivered by the
Tuesday prior to the event for use by Carnival workers during event set up. Vendor is
responsible for arranging for portable toilets to be serviced (waste removal by the
portable restroom company) a minimum of once per day or twice per day for capacity
crowds and continuous service of portable restrooms. Vendor agrees to pay a per day
penalty (see Section 2.0) for each violation of this section.
1.1.23 SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR
CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigarettes sold or
consumed at any of the proposed events, nor shall there be any inflatables, balloons, or
banners advertising beer, alcohol or cigarettes at any of the proposed events. Vendor
agrees to pay a per day penalty (see Section 2.0) for each violation of this section.
1.1.24 NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES — Vendor understands and
agrees that no games or activities involving the shooting of a gun or weapon, simulated or
real, shall be used in any of the entertainment, including game booths, with the exception
of water guns that are clearly recognizable as such. Vendor also understands and agrees
that any gambling games or games of chance shall be subject to review and removal by
the Santa Ana Police Department, who will ensure that they are fair and legal in nature,
and in compliance with any applicable statutes. A determination by the Santa Ana Police
Department that any particular game is in violation of any statute shall result in the
removal of the game. Any City decision to remove a game will be final.
1.1.25 SIZE OF CARNIVAL RIDES — Vendors must bring a list and photos of their proposed
rides to the pre -event meetings. The carnival ride list must be pre -approved by the Park
Superintendent. In addition to minimizing the damage to park property, the City desires a
balance between the number of small, medium and spectacular rides in order to maintain
a family and community environment at these events. Although vendors will be
encouraged to provide only small and medium rides, depending on the venue, up to two
spectacular rides may be allowed. The Park Superintendent must approve the final ride
list at, or any time before, the pre -event meeting.
The promoter/carnival operator must provide a list of C#'s for the carnival rides that they
City of
will be using for the carnivals and a current Department of Industrial Relations Permit to
Operate each of those rides.
1.1.26 EVENT STAFF, OFFICE AND SECURITY PARKING — Vendor understands and
agrees that there shall be no overnight camping or privately owned vehicles for the
purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers,
tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside
of the park before, during and after carnival operation hours. The Park Superintendent
will identify authorized parking areas at the pre -event meeting. The Vendor is permitted
one vehicle within the park site for security personnel and one vehicle for office
purposes. Vendor agrees to pay a per day penalty (see Section 2.0) for each violation of
this section.
1.1.27 DELIVERIES OF SUPPLIES TO VENDORS — The Vendor shall be responsible for
making certain the booth vendors are well stocked. Once the event is underway, all
deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu
or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in
the program area during programming hours. Loading and unloading of vendors
equipment should be done prior to and after the event. Vendor agrees to pay a per day
penalty (see Section 2.0) for each violation of this section.
1.1.28 PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT
— Vendor shall provide personnel to assist in placing and collecting the traffic barricades
and equipment, under the supervision of the Police Department, before and after each
day's event. Failure by the vendor to place and/or collect traffic barricades and/or
equipment will result in City staff or a separate contractor completing this work at the
vendor's expense.
1. 1.29 RENTAL OF TRAFFIC CONTROL EQUIPMENT — Vendor shall be required to pay for
the rental of specific traffic control equipment, as required by the Police Department.
1.1.30 PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated
on the approved plot plan. Vendor personnel who fail to park vehicles in pre -approved
designated areas may be subject to citation and/or towing at the vehicle owner's expense. Vendor
agrees to pay a per day penalty (see Section 2.0) for each violation of this section.
1.1.31 EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post
signs before the start of the event in both English and Spanish stating "No Event Parking"
at the entrances to the local neighborhoods and businesses during the full duration of the
carnival. Vendor shall ensure that these signs remain in place through the duration of the
event. Vendor agrees to pay a per day penalty (see Section 2.0) for each violation of this
section.
1.1.32 PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Vendor must provide soft
security personnel (licensed as specified in Item 4.1.15.) to work at designated
neighborhood entrances in close proximity to the park. A minimum of two (2) persons,
plus necessary directional signage, shall be stationed at each of the housing tract
entrances during all event program hours in order to deter event participants from parking
in the residential areas adjacent to the event. Vendor agrees to pay a per day penalty (see
Section 2.0) for each violation of this section.
1.1.33 POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will
be required during event hours to enhance the security of the event. The number of
officers needed will be based on factors such as the size of the event, expected
attendance, and recent area activity. Vendor will be informed of the number of additional
officers needed at the pre -event meeting described in Item 4.1.18. The Police
Department will arrange the necessary police staffing for the event. The vendor is
responsible for all Santa Ana Police Department regular and overtime costs for the event.
In the event that the event is rained out or otherwise cancelled on short notice, the vendor
will be responsible for a minimum of 4 hours of over -time costs.
1. 1.34 LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help
light the carnival. Vendor is responsible for providing all other lighting to ensure that all
areas of the carnival are adequately lit throughout the duration of the event. Vendor
agrees to pay a per day penalty (see Section 2.0) for each violation of this section.
1.1.35 NEIGHBORHOOD BOOTHS — Vendor agrees to provide the local neighborhood
associations or PRCSA designee with a booth for marketing and fundraising. This booth
will be in addition to the 20 booths described in Section II. No sales are allowed at these
booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate
lighting in a prominent location.
1.1.36 ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the
carnival.
1. 1.37 MASSAGE — No massage booths or massages are allowed at the carnival.
1.1.38 DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in
nature).
1.1.39 FINANCIAL DOCUMENTATION - Within 45 days after the Event, Event Producer
shall provide the City with a complete and detailed financial ledger specifying all
revenues and expenses.
2.0 PENALTY FOR VIOLATIONS
The vendor has the responsibility to ensure that all requirements are met. The City will impose $1,000 penalty
per day if any of the items mentioned below are found to be in violation of agreement requirements.
V
RFP
Section
Description
4.1.2
Required cleanup/Damage/Fail to Perform Deposit
4.1.3
Clean-up during and after the event
4.1.4
Street Sweeping
4.1.5
Dumpsters
4.1.6
Required plot plan and plot check process
4.1.7
Carnival license fee
4.1.8
Fire and Electrical Inspection
4.1.9
O.C. Health Department Requirements
4.1.10
Required Permit from Business License Office for booth vendors
4.1.11
Contact with neighborhood organizations
4.1.12
Contact with business residents
4.1.13
Contact with business organizations
4.1.14
Required event personnel
4.1.15
Required license for soft security
4.1.18
Pre -event and post -event inspections with park personnel
4.1.20
Carnival equipment set up and removal
4.1.21
Carnival hours
4.1.22
Portable restrooms
4.1.23
Sale, advertising and consumption of beer, alcohol or cigarettes
4.1.26
Event staff, office and security parking
4.1.27
Deliveries of supplies to vendors
4.1.30
Personnel parking
4.1.31
Event parking and required signage
4.1.32
Personnel at entrances to neighborhood
4.1.34
Lighting