HomeMy WebLinkAbout25B - AGMT FIESTAS PATRIASREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 3, 2018
TITLE:
APPROVE AN AGREEMENT WITH G AND
C EVENT PRODUCTIONS TO PRODUCE
THE FIESTAS PATRIAS 2018 EVENT
{STRATEGIC PLAN NO. 5,5C)
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RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with G and C Event
Productions to produce the Fiestas Patrias 2018 event, which will include an in-kind subsidy for city
internal costs of up to $75,000, for a period from April 4, 2018 through December 31, 2018, with
the option to renew two additional one-year terms upon approval by the City and an additional
$75,000 in-kind subsidy for each Fiestas Patrias event produced, subject to non -substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
Staff prepared a Request for Proposal (RFP) for the purpose of selecting an experienced and
qualified event producer for the Fiestas Patrias 2018 event that is scheduled to take place
September 15-16, 2018. Fiestas Patrias will be celebrating its 40th year of delighting the public with
a street fair, carnival rides and games, live music and dance performances, booths on arts, culture,
history, merchandise and services, food vendors, and a Fiestas Patrias parade. On average about
100,000 visitors attend the event the first day, Saturday, and approximately 150,000 visitors attend
the second day, Sunday; which is also the day when the parade takes place.
The selected event producerwill be contracted to cover all City costs (the City will provide a $75,000
in-kind subsidy to be used for City internal related costs), coordinate and manage all components
of the event, including street fair, non-food and food booths, main stage performances, and carnival
rides, but will not include the production of the parade. This feature will remain the responsibility of
the City and continue the partnership with local organizations dedicated in celebrating the Fiestas
Patrias culture.
The RFP was released on November 22, 2017, a proposal conference was held on December 7,
2017, and proposals were due January 10, 2018. An evaluation committee consisting of three
representatives from the City of Santa Ana Parks, Recreation and Community Services Agency,
2513-1
Approve an Agreement with G and C Event Productions
To Produce the Fiesta Patrias 2018 Event
April 3, 2018
Page 2
one representative from the Police Department and one representative from the City Manager's
Office reviewed and rated the proposals. The proposals were evaluated according to the criteria
listed in the RFP, which includes responsiveness of the proposal, experience of firm and personnel
and past and relevant project experience. The results of the RFP evaluation were as follows:
Company
Score
G and C Event Production
352
Fiesta de Carnival
342
The RFP contained a map of four locations to hold the event. Site A is the location where the event
is traditionally held, site B is the location where the event was held in 2017, site C is located on the
west end of Fourth Street and site D is located on Flower next to the stadium, which also includes
the option to use the Stadium for performances. The location with which the producer is proceeding
is site D.
The City will continue to work with G and C to review the site to optimize its use as well as to
promote the new location to the public. In discussions with G and C, they believe that the use of
the stadium would be beneficial to host an end of the night concert by A-level talent. Additionally,
in 2019 the traditional site of the Fiestas Patrias event will not be available due to the construction
of the OC Street Car that will go through Fourth Street.
As previously mentioned, the City will provide a $75,000 in-kind subsidy to assist with City internal
related costs. The reason for the subsidy was due to the fact that in 2016 the City issued a Request
for Proposal to solicit companies to produce Fiestas Patrias 2016 and no proposals were received.
Therefore city staff reviewed the RFP, made modifications to the scope and included the subsidy
with the hope that the modified scope and subsidy will make the event more feasible for production
companies and therefore receive more proposals to produce the 2018 Fiestas Patrias event.
The Parks, Recreation and Community Services Agency has been producing the Fiestas Patrias
event since 2014. This has placed a financial burden on the City as well as pulled personnel from
their regular assignments of assisting the community at Recreation, Community, and Senior
Centers and parks. For Fiestas Patrias 2017, the City paid approximately $200,000 in contract
services and materials. By having a professional production company that is knowledgeable about
the event logistics as well as revenue producing ideas, the city can shift the event to the production
company, reduce the expenditures incurred from producing the event as well as keep employees
in the locations where they will provide the most benefit to the community.
Therefore staff is recommending the award of an agreement with G and C Event productions to
produce Fiestas Patrias 2018. Staff is eager to begin coordination with the company in order to
ensure a successful event. G and C will be required to meet certain timelines and benchmarks as
well as obtain all the necessary insurances, certificates and bonds that will protect the City. If the
event is successful and the City is satisfied with the work performed by G and C, a renewal option
to produce the event the following year will be approved by the City.
25B-2
Approve an Agreement with G and C Event Productions
To Produce the Fiesta Patrias 2018 Event
April 3, 2018
Page 3
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 will be budgeted for the in-kind subsidy in the following account for the specified year:
Accounting Unit FY18/19
PRCSA-Recreation-Contractual Services -Professional (no. 01113230-62300) $75,000
If the agreement is renewed, funds will be budgeted in the same account for FY 19/20 and FY
20/21.
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services
Agency
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
EXHIBIT: 1. Agreement— G and C Event Productions
25B-3
25B-4
AGREEMENT FOR FIESTAS PATRIAS EVENT PRODUCTION 2018
THIS AGREEMENT is made and entered into this 31d day of April, 2018 by and between
Interactive -Games and Creations, Inc., a California Corporation doing business as G & C Event
Production Corp. (hereinafter "Event Producer"), 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. On November 22, 2018, the City issued Request for Proposal ("RFP") No. 17-126 for the
production of the 2018 Fiestas Patrias in Downtown Santa Ana, including but not limited to
event promotion and management, security, marketing, talent acquisition, and carnival services
to be held September 15-16, 2018 incorporated herein by reference.
B. Event Producer submitted a proposal in response to the RFP which was selected by the City
and is incorporated herein by reference. Event Producer represents that it is able and willing to
provide such services to the City.
C. In undertaking the performance of this Agreement, Event Producer represents that it is
knowledgeable in the field of large scale event promotion and management. Event Producer
also represents that any services performed by Event Producer under this Agreement will be
performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Event Producer will provide services necessary to manage, produce, brand, fundraise and
promote the 2018 Fiestas Patrias Festival ("Festival" or "Event") which includes, street fair, carnival
zone, stage performances, and beer garden. The Event Producer will coordinate site requirements, and
produce and manage the Festival on behalf of and to the full satisfaction of the City. Event Producer's
duties include:
a. Mandatory Events and/or Details for Festival:
1) A carnival;
2) A large stage;
3) Culturally appropriate entertainment (subject to City approval);
4) A beer garden;
5) A command post;
6) A City booth;
7) A City VIP seating area for 15-20 guests for EI Grito Ceremony;
8) One (1) hour reservation of specified location for EI Grito Ceremony; and
9) No big events during the parade on Sunday between 4-6 p.m.
b. Financial Operations and Management -
1) Develop and an event budget and work plan for the Festival including but not
limited to planning, promotional, set up, operational and wind-up costs;
2) Pay for event costs;
3) Procure and pay for all goods and services associated with the Festival;
4) Obtain necessary event insurance coverage as outlined in this Agreement; and
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5) Provide a final dollar figure showing the net profit or net loss of the Festival to the
City within sixty (60) days of the conclusion of the Festival.
c. Logistical Planning -
1) Develop a highly organized and well -structured logistical plan for the Festival to
ensure that all aspect of the Festival are well -coordinated, well-planned, and safe
taking into account the dynamics and needs of the downtown merchants,
residents, and City. This plan will include specific detail regarding the service of
alcohol in the VIP seating section;
2) Secure adequate staffing of the Festival to ensure effective management of on-
site logistics, including a sufficient number of well-trained staff throughout the
Festival to handle on-site logistical problems that may arise during the Festival
and to handle last minute decisions and changes;
3) Attend planning meetings with City staff, its representatives and others as
required for planning, implementation and evaluation of the Festival;
4) Coordinate and contract all requirements including but not limited to a main
stage, sound and lighting systems, audio and video, additional staging and
technology requirements; tenting, sponsorship signage and recognition; power;
water, temporary washrooms, water removal, waste removal, and site security.
5) Ensure that all subcontractors and vendors have the ability to adequately staff
their areas of responsibility and that they have on-site supervision and
management;
6) Prepare and submit permit and license applications as required and secure
timely approval of permits and licenses;
7) Ensure that event plan or logistic plan includes connection to the parade route.
8) Plan and prepare a logistical component of the event budget; and
9) Create a traffic plan for the event subject to review and approval by PRCSA,
Public Works Agency ("PWA"), Police Department ("SAPD"), and any other City's
agencies as appropriate. The traffic plan should include street closures and
placement of barricades
Talent Acquisition -
1) Be responsible for Festival programming in consultation with City staff including
but not limited to, development and acquisition of talent, headliners, use of local
entertainment and VIP/sponsor.recognition;
2) Be responsible for the creative branding'of the Festival (i.e. look and feel of the
entire event) in collaboration with and subject to final approval of City Manager or
his designee. The branding will be used in all advertising and promotional
materials;
3) Investigate, book, contract with and pay all talent for the Festival subject to final
approval of City Manager or his designee including but not limited to travel
arrangement and technical requirements; and
4) Event Producer shall retain one headlining entertainment for Saturday and
Sunday. The headliner shall be a musician or musical group that is recognized
and established to be a regional draw within their music genre.
e. Event Planninq and Management -
1) Prepare a management plan that outlines staff requirements for each team
member and defines how Event Producer team will provide the following:
L Adequate staff;
ii. Roles of each staff member;
iii. Organizational structure for management of the event;
iv. Identify person(s) responsible for vendor or subcontractor compliance
with Agreement;
v. Contact information for each staff member.
EZCIT61
vi. Identifies a contact person and backup person including their cell phone
numbers to be on-call during the event at all times with sufficient decision
making ability and authority to handle any emergent problems that may
develop during the Festival.
2) Include a plan for vendor and/or subcontractor oversight including but not limited
to compliance with rules and regulations; plan for pre -Festival planning meetings;
date for compliance with permitting and/or licensing requirement where
applicable; time frame for compliance with insurance requirements; oversight of
their employees, onsite supervision of employees;
3) Include a plan for pre -Festival planning with benchmarks for completion of each
event;
4) Manage all aspects of the Festival event planning including: pre -event planning,
planning for issues and/or potential complications during the event, post -event
clean up and breakdown;
5) Report to City staff any issues or problems which arise at any stage of the event
planning and coordinate with City staff to mitigate any potential adverse effects
from these issues or problems;
6) Manage all aspects of stage production including: stage construction, stage
security, stage breakdown, technology, and sound production;
7) Establish vendor, sub -contractor, and/or volunteer plan including but not limited
to process for assigning booths, check-in site, check-in process, location of
booths, booth take down. Please keep in mind the dynamics of the downtown
including residents, local businesses, and Festival attendees. Ensure non-
competition between Festival vendors/subcontractors and local downtown
businesses;
8) Ensure that all food vendors have all legally required licenses and permits
including but not limited to a City business license and Orange County Health
Care permit;
9) Ensure that all vendors of any kind have all legally required licenses and permits
including a City business license;
10) Develop and implement and effective communication strategy for Festival
including sufficient notice to nearby businesses and the public for Festival
events, and/or Festival related parking or traffic problems that may arise.
11) Attend pre -Festival planning meetings for the parade to ensure coordination with
City staff;
12) Ensure that sufficient restrooms and hand washing stations including those that
are ADA accessible are available to meet the needs of Festival attendees,
vendors, and staff;.
13) Provide City check-in booth for EI Grito Ceremony;
14) Provide First Aid booth;
15) Provide VIP and specialized parking including any parking necessary for drop
off/pick up, loading and unloading of event performers and vendors;
16) Coordinate as needed with City staff, including the SAPD, PWA, and Code
Enforcement;
17) Arrange for hospitality and VIP services as may be required;
18) Arrange and supervise labor for all events and services in addition to the
production management; and
19) Include all event planning and management costs in the budget for the Festival.
Revenue and Sponsorship
1) Develop and implement a cost sharing program and other revenue generating
endeavors to raise sufficient funds to cover all event costs and earn a profit. This
provision is subject to the parties mutual understanding that Event Producer will
not take any action or approve any cost sharing program or revenue generating
endeavor which would tarnish the City's image or reduce the family friendly
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atmosphere of the Festival including but not limited to agreements with political
organizations, political campaigns, sexually explicit or sexually based products or
services, drug and/or drug paraphernalia companies, tobacco companies
(including e -cigarettes), and alcohol other than the sponsor of the beer garden.
(Provided however that up to 3 alcohol sponsors shall be allowed to install
signage at the Festival);
2) Event Producer may set up tables, chairs, lounge seating on the field and track
area of the stadium and charge a fee to allow individuals access to, and to sit in,
these areas along with the main stage area. This area will include seating for 20-
30 City determined VIP guests provided at no cost to the City. The fee shall be
in an amount as reasonably determined by Event Producer and as necessary to
pay for the cost of bands and entertainment and to allow Event Producer to cover
the cost of expenses in producing the concert and to make a reasonable profit.
Event Producer will take all necessary steps to protect the artificial turf on the
field in the Stadium. Event Producer may use the City's protective cover at no
charge to Event Producer for the synthetic turf. If further coverage is needed to
protect the synthetic turf, Event Producer will obtain whatever material is
necessary at its expense to protect the synthetic turf from damage during the
Festival.
g. As to other event attractions, Event Producer may submit a fee plan for charges for
seating subject to negotiation and final approval or denial by City Manager or his
designee. Admission is to be free to the public;
1) Lead planning meetings for the Festival and work closely with City staff to
coordinate sponsor recruitment;
2) Work in consultation with the City staff to define sponsorship benefits; identify
potential funding partners; implement the sponsorship plan; and liaise with event
sponsors to ensure that benefits are delivered before, during, and after the event;
3) Develop and manage all communications with prospective sponsors prior to and
immediately following the Festival. Event Producer shall seek prior approval
from the City Manager or his designees before finalizing any contribution
agreement or contribution;
4) Produce and coordinate all arrangements for sponsorship acknowledgment
including radio and newspaper ads as well as any materials and announcements.
Approval of the City Manager or his designee will be required for communications
and marketing for the Festival including strategic sponsorship activation and
related strategies, prior to public release; and
5) Include all sponsorship costs in the Festival budget.
Marketing and Communications
1) Develop and implement a marketing and communications plan for the Festival,
subject to the approval of the City Manager or his designee;
2) City will be allowed to market City programs through City booths and other
avenues at the Festival;
3) Develop and implement a customer relations plan which will provide effective and
relevant communications in English and Spanish to the merchants, residents,
churches, and other places nearby the event boundaries to provide advance
notice of event activities and to mitigate any problems that may arise;
4) Develop the design, printing and distribution of event materials in English and
Spanish such as programs, rack cards, posters, print ads, banners and signage
subject to pre -approval by the City;
5) The City will confirm a spokesperson(s) for the Festival and media opportunities
associated therewith;
6) Supervise the development of on-line marketing and social media outreach in
English and Spanish subject to City approval; City shall respond to the request of
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event producer within five (5) business days of the request for approval of the
specific advertising and marketing request.
7) Supervise and pre -approve any materials to be handed out or used by vendors
or subcontractors at or during the festival such as flyers, handouts, pamphlets,
signage, etc.; and
8) Include all Festival marketing and communication materials in the budget.
9) Event producer will notify residents and businesses adjacent to the festival
location sixty (60) days prior to the event that the event is going to take place.
Event producer will further notify residents and businesses adjacent to the
festival location thirty (30) days prior to the event that the event is going to take
place including the specific dates and times of the festival and information about
any street closures (location, date and time).
i. Protocol Management- Develop and implement a protocol plan in conjunction with City
staff to identify, invite, and support the participation of government and other community
representatives participating or attending the Festival.
j. Management and Event Support -
1) Establish and provide timely reporting on financial and event management
matters starting every four weeks and increasing in frequency, as determined by
City staff, as the Festival date approaches;
2) Event Producer will coordinate all inquiries regarding the Festival and manage
the information flow between nearby merchants and residents, City staff,
volunteers, venue, subcontractors and vendors, and suppliers;
3) Provide all reports as referenced herein when due prior to Festival; and
k. Security
1) Event Producer will ensure that the backstage area is secure at all times;
2) Event Producer will ensure that only authorized persons have access to the
backstage area at all times;
3) Event Producer will ensure that the location designated for the Beer Garden is
adequately secured at all times and that effective intervention is used when
needed;
4) Ensure that effective communication is utilized and maintained throughout the
Festival to ensure that there is proper intervention in security issues if needed;
and
5) Event Producer shall assure there is proper crowd control (i.e. security, barriers,
access control, restricted areas, VIP seating, etc.) as necessary working in
conjunction with City staff (PRCSA, Police Department and Public Works
Department) and others.
I. City Obligations —City willfully cooperate with Event Producer to enable Event Producer
to successfully and efficiently produce the Festival. This obligation includes but is not
limited to the following:
1) Allow Event Producer to utilize certain public streets and property, including the
locations designated in this Agreement such as those areas referenced in
Paragraph 4 below, subject to approval of the Orange County Fire Authority, the
SAPID, and PWA.
2) Provide a sufficient number of personnel including the City staff (PRCSA, Police
Department and Public Works Department, traffic control, and any Department of
Transportation Personnel and others) to assist Event Producer in the production
of the Festival. This shall include sufficient police presence to enforce the rules
and laws. The costs associated for personnel shall be the responsibility of the
Event Producer and the in-kind credit may be used for these costs. Costs owed
FJg§1T .1
to the City shall not exceed $75,000.
3) Provide water and electricity (does not include generators) for use during the
Festival as needed for cleanup at no charge to Event Producer.
4) Provide any available lists and contact information for all sponsors and vendors
for the Festivals operated by City for the 2014 through 2017. City shall also
provide the fees paid by any vendor, sponsor or other providers and any
amounts paid by the City to any third party for services or products related to the
production of the festivals.
5) City will provide access and use of the parking lots located on the Eddie West
Stadium property. City will facilitate discussions between Event Producer and
the County regarding use of any County -owned parking structures.
6) Use its media list to provide at no charge to Event Producer; press releases,
social media posts, notifications of event weekend festivities, and such other
promotional vehicles as available to the City.
7) City shall post signage at a reasonable number of locations throughout the City
advertising the dates and location of the festival.
2. ORDER OF PRIORITY
In the event that there is a conflict between this Agreement, City's RFP or Event Producer's
Proposal in response to City's RFP or a need for interpretation, the priority is as follows:
a. This Agreement;
b. City's Request for Proposal; and
c. Event Producer's Response to City's Proposal.
3. FEES, COSTS AND IN KIND CREDIT
a. Event Producer will be responsible for the payment of all costs associated with the
services provided pursuant to this Agreement; including the cost for all City services,
costs of performers, all equipment and support personnel, security, set up, clean up,
sponsorship acknowledgement, insurance, taxes, bond, fees, the stadium, parking
structure and any other City owned property, and any other costs involved in undertaking
the Festival.
b. The City will provide Event Producer up to a seventy-five thousand ($75,000.00) dollar
credit for in kind City services, expenses, or any other costs associated with the Festival.
The credit for in kind services can be used for City services and fees including any
permits, licenses and other fees paid or owing by Event Producer to the City. Provided
however that the maximum amount of all costs for the foregoing items, including any
fees for permits, licenses, or other expenses including city business licenses, shall not
.exceed $75,000.00. The in kind credit cannot be used for any third -party costs.
c. The City's Parks, Recreation and Community Services Agency will co-sponsor the rental
of the stadium at no cost to the Event Producer.
d. Event Producer shall be entitled to retain all revenue generated by the Festival, including
but not limited to:
1) Sales and payments by sponsors.
2) Sales and payments related to food booths, vendor booths and food and
beverage sales.
3) Concert and ticket sales.
4) Merchandise sales.
5) All other events related to, or a part of, the Festival.
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4. STAGE AND CARNIVAL LOCATION
The stage and carnival location will be bordered by Flower Street, Civic Center Boulevard, West
61' Street and Coach Dick Hill Way as indicated by Option D in the attached Exhibit A. The location
includes the Eddie West Stadium. City reserves the right to change stage and carnival location prior to
Festival with advance notice to Event Producer. Both City and Event Produce recognize that the
success of the Festival is to certain extent dependent on the location of the Festival. Any change in
location may be made only with the express agreement of Event Producer and any revised location
must be reasonably comparable to the above referenced locations. Provided however that no changes
may be made to any locations including the stage and carnival after June 15, 2018 absent an
emergency occurring which is outside the control of the City.
5. FESTIVAL HOURS
The Festival shall take place as follows:
a. Saturday September 15, 2018 between the hours of 12:00 p.m. to 10:00 p.m. The
entertainment shall end by 9:00 p.m. The carnival will close at 12:00 a.m.
b. Sunday September 16, 2018 between the hours of 12:00 p.m. to 9:00 p.m. for the
festival. The entertainment shall end by 9:00 p.m. The carnival will close at 10:00 p.m.
6. DEADLINES FOR SUBMITTALS OF REQUIRED DOCUMENTS
a. No Later than June 1. 2018
1) Marketing Plan;
2) List of Sponsors;
3) Local Business Fees List;
4) Vendor/Subcontractor List -including evidence of insurance coverage, licenses,
permits;
5) Carnival permits/certificates-including DIR permits, electrical permits and
inspection card;
6) Traffic Plan; and
7) Budget.
b. Monthly Updates (starting July 1. 2018)
1) List of Sponsors;
2) Local Business Fees List; and
3) Vendor/Subcontractor List.
c. Two (2) Months Prior to Festival -No Later than July 15, 2018
1) Talent List -including management company, fee arrangement including amount
of fee and payment terms, biography and listing of past performances, link to
website and social media sites;
2) Information regarding Beer Garden Operator -including sponsor, non-profit
operator, beer garden layout, pricing to consumers, required ABC and health
department permits;
3) Plans for the Following:
i. Trash clean up;
ii. Layout -including location of stage, carnival rides, booths, beer garden,
sanitation, etc.;
iii. Security; and
iv. Event logistics.
d. Failure to Meet Deadlines- in the event that Event Producer fails to submit the required
P0 M, i
d. Failure to Meet Deadlines- in the event that Event Producer fails to submit the required
documents by the deadlines noted in Section 6 (a) -(c), the City shall provide written
notice to Event Producer by facsimile transmission and email stating in detail which
documents Event Producer failed to timely submit. Event Producer shall use its best
commercially reasonable efforts to provide the documents within 5 business days of its
receipt of the notice. The City Manager or his designee may waive the fine if determined
by the City Manager or his designees that the Event Producer is diligently working
towards preparing and providing the documents. After expiration of the foregoing time
limits, the City can either choose to immediately terminate the agreement or assess a
fine of $100 per day until the required documents are submitted.
7. LAYOUT AND BOOTH LOCATIONS
The layout of the Festival, including the booth placement, stages, exhibit areas, beer garden,
command post, carnival location, etc., will be mutually agreed upon by City and Event Producer. Taking
into account the needs and concerns of the City and Event Producer and the fact that the location of the
Festival is a substantial factor in the successful production of the Festival, in the event that City and
Event Producer cannot agree on the location either party may terminate this Agreement. In no event
may the location of the Festival be changed after June 15, 2018 absent an emergency outside of the
control of the City.
8. FESTIVAL THEME
If a theme is considered as part of the marketing or promotional materials for the Festival, City
and Event Producer shall work together to determine an appropriate theme. City has final determination
and approval on the overall Festival theme and or the determination as to whether to utilize a theme at
all.
9. PRESS RELEASES AND PROMOTIONAL MATERIAL
City shall receive copies of all proposed press releases and advertising for Festival at least 72
hours prior to use in the Festival promotion. Press releases and advertising for the Festival shall be in
English and Spanish. City retains the right to approve all press releases and promotional material used
for the Festival. All promotional materials for Festival will have the City logo and Event Producer will
provide copies of all press releases and promotional materials sent out in the form they were published.
10. ENTERTAINMENT
City shall retain final approval over all entertainment. City at its sole discretion and/or for any
reason may reject entertainment chosen by Event Producer. Event Producer shall produce a complete
schedule for the main stage listing each performer, their popularity rating, and their associated time eight
weeks prior to each scheduled Event. At the City's discretion, an extension may be granted. City will
provide final approval within five working days of City's receipt of entertainment schedule, at which time
City will provide written approval in the form of a letter from the City Manager or his designee. As part of
the entertainment package, Event Producer shall incorporate at least one headliner for Saturday and
Sunday as part of the entertainment segment of the event. The headliner shall be a musician or group
that is recognized and established to be a regional draw within their music genre.
11. HOURS
a. For Entertainment: The final entertainment shall end by 9:00 p.m. Saturday and by 9:00
p.m. Sunday. Event Producer shall employ a stage manager to ensure the
entertainment agenda is followed. If Event Producer fails to enforce the closure time,
the Police Department will immediately close the stage and disburse the crowd. Event
Producer shall pay all City costs incurred in enforcing the approved entertainment
schedule.
b. Quiet Hours: There shall be designated quiet times as follows: Saturday between 12:00
a.m. and 8:00 a.m. and Sunday from 10:00 p.m. to 8:00 a.m. Quiet hours shall be
strictly enforced. Provided however that Event Producer shall have the right to clean the
area, dismantle the various staging and other equipment and load and remove the items
during quiet hours. Event producer may use heavy equipment such as fork lifts during
this process.
12. OPERATION MANUAL
Event Producerwill provide City an operational manual no laterthan September 1, 2018 for use
during the Festival and containing all final plans and contact information for Event Producer's
representative on site during the Festival.
13. STAGES
The stage and associated entertainment shall be programmed and produced during the duration
of the Event. See Site Map in Exhibit A for the location of the Main Stage and Stadium. Additional
stages may be proposed and submitted to the City Manager or his designee for approval.
14. ALCOHOL AND TOBACCO
Event Producer agrees not to sell, distribute or allow the sale or distribution of any alcohol
outside of the Beer Garden perimeter and VIP seating area established by the City. Sponsorship by
alcohol product companies shall be allowed subject to pre -approval by City. Event Producer also agrees
not to sell, distribute or allow the sale or distribution of any tobacco products during the Event.
Absolutely no direct tobacco product advertising shall be allowed within or associated with the Event.
Neither tobacco nor alcohol product advertising shall be distributed to minors. Event producer including
employees, independent contractors and entertainers cannot engage in the consumption of alcohol or
use of tobacco at any time during the contractual obligation of the event.
15. SPONSORSHIP AGREEMENTS
City shall receive copies of all sponsorship agreements between Event Producer and any
sponsor for the Festival. All sponsors for the Festival must be pre -approved by the City Manager or his
designee. The City reserves the right to pre -approve any sponsorship materials using the City's name,
logo, or City seal.
16. FINANCIAL INFORMATION
Event Producer shall provide a final dollar figure showing the net profit or net loss of the Festival
to the City within sixty (60) days of the conclusion of the Festival.
17. STAGING AREA
Event Producer shall provide a staging area or booth, command post and a booth for PRCSA,
at no cost to City, for City personnel to utilize for the duration of said Festival.
18. AGREEMENTS BETWEEN VENDORS OR SUB -CONTRACTORS AND EVENT PRODUCER
Any agreements between Event Producer and Sub -Contractors or vendors for services for
Festival shall include the following provisions:
a. Provision for indemnity of the City as set forth in Section 28 of this Agreement; and
b. Insurance coverage and additional insured endorsement naming the City, its officers,
employees, agents, volunteers and representatives as an additional insured as set forth
in Section 27 of this Agreement with the exception that for Section 27(a) the Sub -
Contractor or Vendor must provide a minimum of commercial general liability coverage
in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, all other
coverages remain as indicated in Section 27.
19. TRASH CLEAN UP
Event Producer is responsible for maintaining litter control and sufficient trash bins during the
event. Event Producer is also responsible for clean-up after the event and returning the Festival location
to the same condition that it was in prior to the Festival. Event Producer will ensure removal and
disposal of grease from cooking booths or booths where food is sold in compliance with applicable laws.
Event Producer will use or require vendors or sub -contractors to use, grease barrels where applicable.
20. EQUIPMENT
Event Producer shall provide all necessary equipment, resources, and manpower necessary to
develop and produce the Festival. Equipment shall include but is not limited to:
a. Lighting for all vendor booths which is maintained and fully illuminated until all attendees
have vacated the Festival and carnival grounds;
b. Stage;
c. Carnival rides;
d. Fencing as necessary;
e. Booths;
f. Barricades.
21. PRE -FESTIVAL MEETINGS
Event Producer will attend pre -festival meetings the week of August 13, 2018 to finalize details
for the Festival.
22. ACCESS TO EVENT BY CITY STAFF
City staff wearing City identification will have access to the Festival at all times and for all
locations.
23. CLEANING AND DAMAGES DEPOSIT REQUIRED
No cleaning or damage deposit is required for the Festival. Once the Festival is complete, the
City will notify Event Producer within 48 hours whether any additional clean-up is required. If City
determines that additional clean-up is required, City will notify Event Producer in writing of the need for
additional clean up and the time line for completing that clean up. If Event Producer fails to adequately
clean-up after City provides notice of additional clean up or if Event Producer fails to adequately clean-
up within the time provided by the City for the additional clean-up, City will hire a company to provide
additional clean up and Event Producer will reimburse the City for the reasonable and actual costs
(including any prevailing wages required to be paid by the City) paid to perform the additional clean-up.
X14
24. TERM
This Agreement shall commence on the date first written above and terminate on -December. 31,
2018, unless terminated earlier in accordance with Section 36, below. There will be-two--(2)-one (1):
year options for renewal for the 2019 and 2020 Fiestas Patrias event production exercisable by the City
and subject to approval by Event Producer. In addition, City shall not negotiate with any other event
producer for the 2019 or 2020 Festival without first entering into negotiations with Event Producer.
25. INDEPENDENT CONTRACTOR
Event Producer 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 Event Producer performs the
services which are the subject matter of this Agreement; however, the services to be provided by Event
Producer shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Event Producer 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.
26. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Event
Producer under this Agreement ("Documents & Data"). Event Producer shall require all subcontractors
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data
the subcontractor prepares under this Agreement. Event Producer represents and warrants that Event
Producer has the legal right to license any and all Documents & Data. Event Producer makes no such
representation and warranty in regard to Documents & Data which were provided to Event Producer by
the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided
that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
Provided however that any drawings and artwork prepared by Event Producer shall remain the sole and
exclusive property of Event Producer and City shall have no right to copy, use, modify, reuse or
sublicense any and all such items other than in connection with the 2018 Festival. The Event Producer
may not use any drawings or artwork that identifies the City of Santa Ana or uses the City seal for any
use other than the 2018 Festival without written authorization.
27. INSURANCE
Prior to undertaking performance of work under this Agreement, Event Producer shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
Commercial General Liability Insurance. Event Producer 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 Event Producer'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 an amount not less than $5,000,000
L j46
per occurrence, with $6,000,000 in the aggregate. Event Producer shall supply City with
a fully executed additional insured endorsement in substantially the form attached hereto
as Exhibit B upon execution of this Agreement.
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, Event Producer, if Event Producer 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, Event Producer
agrees to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
If Event Producer 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 Event Producer
pursuant to this section:
(i) Event Producer 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) In the event that Event Producer has insurance coverage in excess of the
required amounts, City will get the benefit of Event Producer's additional
insurance coverage.
If Event Producer fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election,
to forthwith terminate this Agreement. Such termination shall not affect Event
Producer's right to be paid for its time and materials expended prior to notification of
termination. Event Producer waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
Provided however that prior to terminating the Agreement, City shall provide Event
Producer with seven (7) calendar days' written notice of the default and allow Event
Producer to cure the default by providing said insurance during the seven day period
following Event Producer's receipt of written notice of the default.
28. INDEMNIFICATION
Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Event Producers, special counsel, and representatives from liability 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 Event Producer 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 but only to
the extent resulting from their negligence or willful or intentional acts. City agrees to and shall indemnify
and hold harmless the Event Producer, its officers, directors, shareholders, contractors, subcontractors,
agents, employees, and representatives from liability 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 operations of the City or its contractors,
subcontractors, agents, employees, which relates to the services described in section 1 of this
Agreement but only to the extent resulting from their negligence or willful or intentional acts. 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
Indemnifying Party further agrees to indemnify, hold harmless, and pay all costs for the defense of the
other, including fees and costs for special counsel to be selected by the other, 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. The provision of this Section survive cancellation
or expiration of this Agreement.
29. RECORDS
Event Producer's records and invoices in connection with the work to be performed under this
Agreement shall remain the sole and exclusive property of Event Producer. In the event any such
records are provided to City, City shall maintain the confidentiality of these records and not disclose
them to any other person or company except as necessitated by law including but not limited to Court
order, subpoena, and/or public records act request. Event Producer shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and any services,
expenditures, and disbursements for a minimum period of three (3) years.
KI��K•].1 y I.14. Y 111J11'1
If either party receives from the other information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, receiving party agrees that it shall not use
or disclose such information except in the performance of this Agreement, and further agrees to
exercise the same degree of care it uses to protect its own information of like importance, but in no
event less than reasonable care. "Confidential Information' shall include all nonpublic information.
Confidential information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either party by any
subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of
non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources; (b) is, through no fault of the Event Producer disclosed in a publicly available source;
(c) is in rightful possession of the Event Producer without an obligation of confidentiality; (d) is required
to be disclosed by operation of law; or (e) is independently developed by the Event Producer without
reference to information disclosed by the City. The provision of this Section survive cancellation or
expiration of this Agreement.
31. CONFLICT OF INTEREST CLAUSE
Event Producer 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.
r
32. 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:
And
Executive Director—Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
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
To Event Producer:
Interactive Games and Creations, Inc.
1030 W. Gladstone Avenue
Azusa, California 91702
(626) 290-7224 cell
mike(a_gceventrpos. com
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.
33. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Event
Producer, 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 Event Producer. The parties agree that any terms or
25E3 1
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 Event Producer or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein.
34. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Event Producer,
Event Producer 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 Event Producers retained by City at its cost and expense.
35. TERMINATION
This Agreement may not be terminated by either party unless the other is in material breach of
the Agreement and then only after providing fifteen (15) calendar days' notice to the other and allowing
the other the right to cure the alleged default. A material default is defined as an act or omission that
would materially jeopardize the success of the Festival including but not limited to failing to provide the
required documents pursuant to the time frames in this agreement and failure to adhere to any of the
terms of this agreement. A material default shall also include any action that will damage the image
and/or reputation of the City. Prior to delivering a notice of default, the parties shall first discuss the
nature of the default and to the extent necessary, work together to remedy the default or provide an
alternative means of performance that is reasonably acceptable to each party. Each party recognizes
that the other will have a substantial investment of time and money in performing this Agreement.
KIi 116181NIireII.I_riII101Z
Event Producer 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. Event Producer affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
37. 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.
38. PROFESSIONAL LICENSES
a. Event Producer 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. Event
Producer 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.
b. Event Producer shall receive all vendors and/or sub -contractors to obtain all necessary
licenses, permits, approval, waivers and exemptions necessary for the provision of any
contracted 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. Event Producer 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.
39. 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
B oars�-,.RW,0 t1nv
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Gerardo Mouet
Executive Director — PRCSA
CITY OF SANTA ANA
RAUL GODINEZ, II.
City Manager
EVENT PRODUCER
INTERACTIVE GAMES & CREATIONS, INC.
BY:
Mike Hellyar, President
Tax ID#
MW -01
EXHIBIT A
STAGE AND CARNIVAL LOCATION
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ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents, volunteers and representatives are named as additional insureds ("additional
insureds") with regard to liability and defense of suits arising from the operations and uses performed
by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf
of the named insured,, such insurance as is afforded by this policy is primary and is not additional to or
contributing with any other insurance carried by or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any person or
organization as an insured shall not affect any right which such person or organization would have as a
claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been given to the
City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
0
Authorized Representative
25B-24