18-0501_GUADAGNO & SONS_E11_Agenda ReportTO:
FROM:
SUBMITTED BY:
PREPARED BY:
DATE:
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~njamin Siegel, City Manager
Dori Budde, Community Services Director
Heidi Ivanoff, Community Services Coordinator
Gil Leon, Community Services Coordinator
May 1, 2018
5/1/2018
E11
Professional Services Agreement with Guadagno & Sons
Amusements (G & S Shows) for a Four Day Carnival, as an
Extension of the City's Annual Fourth of July Celebration
RECOMMENDATION:
Approve and authorize the City Manager to execute a Professional Services Agreement
with Guadagno & Sons Amusements to provide a four day carnival, July 4, 6, 7 & 8,
2018, at the San Juan Capistrano Sports Park.
EXECUTIVE SUMMARY :
Under the proposed agreement, G & S Shows would manage and operate a four day
carnival with mechanical rides, games and other attractions, at no cost to the City. The
PSA would also include a profit sharing arrangement.
DISCUSSION/ANALYSIS:
In preparation for the City's 2018 Fourth of July carnival, staff contacted four companies
that provide carnival midway services for community events. Three of the companies
(Christiansen Amusements, Carnival Services, and Candyland Amusements) were
either not able to provide a comparable carnival or were booked for the requested
dates. G & S Shows is available and capable of providing the desired event. G & S
Shows, which began operating in 1965, is a full service company that provides
mechanical rides, attractions, equipment, and personnel. G & S Shows also
successfully conducted the carnivals associated with the City's Fourth of July
celebrations in 2016 and 2017.
City Council Agenda Report
May 1, 2018
Page 2 of 3
Municipal Code Section 3-4.306 provides the Request for Proposals or Request for
Quotes (RFP/RFQ) process to be bypassed when only one known service is available,
or when extenuating circumstances would make the formal RFP/RFQ process not the
most cost effective approach, or based on information that the RFP/RFQ process would
result in few, if not only one, proposal. Based on staff's outreach to other carnival
operators as discussed above, G & S Shows is the recommended vendor for the
proposed four day carnival.
If the City Council approves the PSA, G & S Shows would:
• Provide and staff all 15 rides
• Provide and staff the ticket booth
• Provide ATM and credit card processing services
• Provide on-site security
• Maintain and clean carnival site daily/nightly
The proposed hours of carnival operation are summarized in the table below. All ride
attractions would pause at 8:45 p.m., during City Council introductions and the Mayor's
speech, and resume at 9:00 p.m. Removal of all equipment, including rides, trailer and
trucks, would commence on Monday, July 9, after 9:00 a.m. and be complete by 7:00
p.m. on Thursday, July 12.
2018 Carnival Operation
Date Hours of Operation Comments
VVednesday, July4 12:00 p.m.-10:30 p.m.
Thursday, July 5 None Closed All Day
Friday, July 6 4:00p.m.-10:00 p.m .
Saturday, July 7 12:00 p.m. -10:00 p.m.
Sunday, July 8 12:00 p.m.-10:00 p.m.
As a courtesy, staff prepared an event notification letter (Attachment 2) for residents
and owners within a radius of 1 ,000' of the Sports Park. Staff did not receive any
communications in response and there was no related public comment at the April 16,
2018, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission
meeting.
At that meeting, the Commission recommended that the City Council approve the PSA
with G&S Shows for the Fourth of July carnival.
FISCAL IMPACT:
Under the proposed agreement (Attachment 1 ), G & S Shows agrees to pay the City
20% of the cash and credit card sales made at the event up to the first $30,000; and
25% of the ride gross sales thereafter. If gross sales surpass 2017 totals by $5,000, the
City would receive a 25% commission on cash and credit card sales.
City Council Agenda Report
May 1, 2018
Page 3 of 3
The Fourth of July carnival is estimated to generate $23,000 in revenue for the City,
which would be used to partially offset the cost of the fireworks production.
ENVIRONMENTAL IMPACT:
This matter is exempt from review under the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment. It can
be seen with certainty that there is no possibility that the selection of a carnival operator
may have a significant effect on the environment. Therefore, this matter is not subject to
CEQA (Section 15061 (b) (3) of the CEQA Guidelines), and staff is directed to file a
notice of exemption.
PRIOR CITY COUNCIL REVI EW :
On April 18, 2017, the City Council unanimously approved the PSA with G & S Shows
to provide a four day carnival at the San Juan Capistrano Sports Park.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On March 20, 2017, the Parks, Recreation, Senior & Youth Services Commission
unanimously approved forwarding a recommendation to City Council to approve a PSA
with G & S Shows for a four day carnival.
On April 16, 2018, the Parks, Recreation, Youth and Senior Services, Trails and
Equestrian Commission recommended that City Council approve the PSA with G&S
Shows for the Fourth of July carnival.
NOTIFICATIONS :
Anthony Guadagno, G & S Show's owner
Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission
ATTACHMENTS :
Attachment 1: Professional Services Agreement with G & S Shows
Attachment 2: Resident Notification Letter
Guadagno & Sons, AKA G&S Shows
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of May 1, 2018 by and between the City of
San Juan Capistrano, a municipal corporation organized and operating under the laws of the
State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675 ("City"), and Guadagno & Sons, AKA (G&S Shows), a SOLE
PROPRIETORSHIP with its principal place of business at 12842 Valley View Street, Ste. 103,
Garden Grove, CA 92845 (hereinafter referred to as "Contractor''). City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Four Day Carnival at the San Juan Capistrano Sports Park (hereinafter referred to as "The
Project").
B . Contractor is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services .
Contractor shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Contractor is providing the tasks and services set forth in Exhibit
"A" at no cost to the City. All costs for tasks and services provided under this Agreement shall
be the responsibility of the Contractor. The City shall not be obligated to pay Contractor or
reimburse Contractor for any costs.
b. The Contractor and the City will divide the total cash and credit card sales
revenues from the rides at the event ("Ride Gross") as follows: the Contractor shall pay
the City 20 % of the first $30,000.00 Ride Gross and 25% of the ride gross thereafter.
c. Contractor shall remit full payment to the City on Monday, March 9 2018 at
the Community Center. Payment shall be made in the form of cash or check and include
copies of all receipts and or financial reports for the four day event.
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ATTACHMENT 1
3. Additional Work.
If changes in the work seem merited by Contractor or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Contractor with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Contractor and made available at all reasonable times during the
contract period and for four ( 4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
1. Contractor shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
Contractor will provide a carnival on and between the dates of July 4 and July 6-8, 2018
at the San Juan Capistrano Sports Park, 25925 Camino Del Avion, San Juan Capistrano
CA 92675. The hours of operation will be Wednesday, July 4 from 12:00 p.m. to 10:30
p.m., Friday, July 6 from 4:00p.m. to 10:00 p.m., Saturday, July 7 from 12:00 p.m. to 10:00
p.m. and Sunday July 8, from 12:00 p.m.-10:00 p.m. Carnival closes at 10:00 p.m. on
Sunday, July 8, 2018. The Carnival will not operate on Thursday, July 5, 2018.
2. Removal of all equipment by the Contractor shall complete the services required
hereunder by Thursday, July 12, 2018 at 7:00p.m.
6. Dela ys in Performance .
a. Neither City nor Contractor shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement
7. Compliance with Law .
a. Contractor shall comply with all applicable laws, ordinances, codes and regulations
of the federal, state and local government, including Cai/OSHA requirements.
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b. If required, Contractor shall assist the City, as requested, in obtaining and
maintaining all permits required of Contactor by federal, state and local regulatory agencies .
c. If applicable, Contractor is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Contractor's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Sub consultant
Contractor shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Contractor from employing independent associates, and sub consultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Contractor is retained as an independent contractor and is not an employee of City. No
employee or agent of Contractor shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Contractor shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Contractor shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance , in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
( 1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following :
(1) Bodily Injury and Property Damage
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(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
( 4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers ' Compensation/Employer's Liability
(i) Contractor certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Contractor has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Contractor shall maintain full compensation insurance for all persons employed directly by him/her
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to carry out the work contemplated under this Agreement, all in accordance with the "Workers'
Compensation and Insurance Act," Division IV of the Labor Code of the State of California and
any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein.
Contractor shall require all sub consultants to obtain and maintain, for the period required by this
Agreement, workers' compensation coverage of the same type and limits as specified in this
section.
d. Professional Liability {Errors and Om issions)
At all times during the performance of the work under this Agreement the Contractor shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contractor. "Covered Professional Services" as designated in the policy must
specifically include work performed under this Agreement. The policy must "pay on behalf of' the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Single Limit
$5,000,000 per occurrence/ $5,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence
$1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Contractor shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent)
signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insured's, where appropriate, the type and amount of the
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insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provi sio ns Required
(i) Contractor shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Contractor
shall provide at least ten (1 0) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Contractor shall deliver renewal certificate( s) including the General
Liability Additional Insured Endorsement to the City at least ten (1 0) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Contractor's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insured's shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Contractor shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Contractor
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverage 's, except for the professional
liability coverage , shall contain or be endorsed to waiver of subrogation in favor of the City , its
officials, officers, employees , agents, and volunteers or shall specifically allow Contractor or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subcontractor.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Contractor from liability in
excess of such coverage , nor shall it limit the Contractor's indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Q ualifying In su re rs
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M . Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
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i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Contractor, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Contractor pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Contractor to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subcontractor Insurance Requirements . Contractor shall not allow any
subcontractors or subcontractors to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subcontractors shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Contractor,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subcontractors.
12. Indemnification .
a. To the fullest extent permitted by law, Contractor shall defend (with counsel
reasonably approved by the City), indemnify and hold the City, its officials, officers, employees,
agents and volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged
acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees,
subcontractors, Contractors or agents in connection with the performance of the Contractor's
services, the Project or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and attorneys' fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness,
or willful misconduct of the Contractor. Contractor's obligation to indemnify shall not be restricted
to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or
volunteers .
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b. Additio nal Ind em nity Obl iga ti on s . Contractor shall defend, with counsel of
City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its officials, officers, employees,
agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may
be rendered against the City, its officials, officers , employees, agents or volunteers as part of any
such claim, suit, action or other proceeding . Contractor shall also reimburse City for the cost of
any settlement paid by the City, its officials, officers, employees , agents or volunteers as part of
any such claim , suit, action or other proceeding. Such reimbursement shall include payment for
the City's attorney's fees and costs , including expert witness fees. Contractor shall reimburse the
City, its officials , officers, employees, agents and volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its officials, officers, employees, agents and volunteers.
13. Cal ifo rnia La bor Code Requ ire ments.
a. Contractor is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq ., which require the payment of prevailing wage rates and the
performance of other requirements on certain "public works" and "maintenance " projects . If the
services are being performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1 ,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws, if applicable. Contractor shall defend,
indemnify and hold the City, its elected officials , officers, employees and agents free and harmless
from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure
to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all
subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages , employment of apprentices , hours of labor and debarment of
contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725 .5 and 1771.1, the
Contractor and all subcontractors performing such Services must be registered with the
Department of Industrial Relations. Contractor shall maintain registration for the duration of the
Project and require the same of any subcontractors, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations . It
shall be Contractor's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eligibility .
By executing this Agreement, Contractor verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subcontractors and sub-subcontractors to comply with the
same.
15 . Laws and Venue .
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This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (1 0) calendar days written notice to Contractor. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Contractor the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Contractor of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Contractor shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Contractor may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Contractor.
17 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
18. Organization
Contractor shall assign Anthony Guadagno as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above .
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY: CONTRACTOR:
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City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Heidi Ivanoff
and shall be effective upon receipt thereof.
22. Third Party Rights
Guadagno & Sons Amusements, AKA (G&S) Shows
12842 Valley View Street, Ste. 1 03
Garden Grove, CA 92845
Attn: Anthony Guadagno
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Contractor.
23. Equal Opportunity Employment.
Contractor represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Contractor as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any persons which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void .
27. Non-Waiver
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None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Contractors
City reserves its right to employ other Contractors, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Contractor maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Contractor, to solicit or secure this
Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Contractor, any fee ,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CiTY Of SAN JUAN CAPISTRANO
AND GUADAGNO & SONS AMUSEMENTS, AKA, (G&S SHOWS)
IN WITNESS WHEREOF. the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By :
Ben Siegel
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Guadagno & Sons, AKA, (G&S Shows)
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Prfnted Name :/f'!?.' {/-/-.{ ...-1. .J; (;[.;1-!)l/~/.,.'· /.:: . / / '-·
12
CITY OF SAN JUAN CAPISTRANO
25925 Camino Del Avian, San Juan Capistrano (949) 493-5911
SCOPE OF WORK
Guadagno & Sons (G & S Shows)
Guadagno & Sons (Contractor) agrees to provide the following list of services for the City's 4 day Fourth of July
Carnival at the San Juan Capistrano Sports Park located at 25925 Camino Del Avian.
1. (Contractor) is to return all necessary, contracts, W-9 form, Proof of Workman's Compensation,
Certificate of Liability Insurance and current San Juan Capistrano Business License to the City prior to
the event.
2. (Contractor) will provide a full scale carnival on the following dates: Wednesday, July 4 from 12:00 p.m.
to 10:30 p.m., Friday, July 6 from 4:00p.m. to 10:00 p.m., Saturday, July 7 from 12:00-10:00 p.m. and
Sunday, July 8, 2017 from 12:00 p.m. to 10:00 p.m. Rides will pause at 8:45 p.m. -9:00 p.m. on
Wednesday, July 4 during the firework display, then resumes from 9:00p .m. -10:30 p.m. Ticket booth
wifl close at 10:00 p.m. on Wednesday, July 4, 2018. Carnival closes at 10:30 p.m.
3. (Contractor) will provide 100 marketing posters describing the event, at no cost to the City.
4. (Contractor) will provide a crew to clean the grounds each evening and at the close of the event at no
cost to the City.
5. (Contractor) will provide all ticket booth staff, uniformed ride operators and monitors.
6 . (Contractor) will provide and operate credit card terminals
7. (Contractor) will provide an ATM on site
8. (Contractor) will provide overnight on-site security during set-up, event operation and tear-down .
9. (Contractor) will deliver, park and secure equipment and rides in designated Sports Park parking lots
prior to staging of equipment and rides.
10. (Contractor) wilt begin staging and set-up of equipment on Monday, July 2 , 2018 after8:00 a.m. Removal of
equipment from property to be completed by 7 :00 p.m. on Thursday, July 12, 2018.
11 . (Contractor) and all staff employed by Guadagno & Sons (G&S Shows) are prohibited from using drugs or
alcohol before, during or at the conclusion of the event.
12. (Contractor) will provide current documentation that all staff employed by Guadagno & Sons (G&S Shows)
completed and passed a background check with the Department of Justice (DOJ) and a copy of the
company's current loss record.
I have read the above listed conditions and hereby agree and certify that I shall abide by the City's conditions for the Fourth of July
Carnivallistez -r.;J::f allu~e tf;orn ply wi~h this scope of work will result in immediate termination due to breach of :ontract.
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Event
When:
Location :
City of San Juan Capistrano
Proposed Fourth of July Carnival (4-day event)
Wednesday, July 4
Friday, July 6
Saturday, July 7
Sunday, July 8
Time: 12:00 p.m. to 10:30 p.m .
Time: 4:00p.m. to 10:00 p.m.
Time: 12:00 p.m. to 10:00 p.m.
Time: 12:00 p.m. to 10:00 p.m.
San Juan Capistrano Sports Park-25925 Camino Del Avion
The City of San Juan Capistrano's annual Fourth of July Celebration will take place on
Wednesday, July 4 , 2018 at the San Juan Capistrano Sports Park located at 25925 Camino Del
Avion. The Community Services Department is proposing a four day Carnival as part of the
Fourth of July Celebration. The proposed carnival includes operations starting Wednesday, July
4 from 12:00 p.m.-10:30 p .m., Friday, July 6 from 4:00p.m.-10:00 p.m., Saturday, July 7,
from 12:00 p .m . -10:00 p.m. and Sunday, July 8 from 12:00 p .m . -10:00 p.m . The carnival will
be non-operational on Thursday, July 5.
This notification is being sent to residents that could be directly impacted by noise and lighting
during the carnival's hours of operation . The Community Services Department is aware and
sensitive to the concerns of residents living in close proximity to the Sports Park . All efforts will
be made to minimize any inconvenience, including traffic and noise levels.
The Carnival will feature a total of 15-20 mechanical rides, a food truck and carnival games.
City staff and police will be on site to monitor all activities and ensure public safety.
The proposed carnival will appear on the agenda for the Parks, Recreation, Senior and Youth
Services, Trails and Equestrian Commission meeting on Monday, April 16, 2018. There will be
an opportunity for public comment in favor or opposition of the proposed carnival. The Parks,
Recreation, Senior and Youth Services, Trails and Equestrian Commission meeting begins at
5 :30 p.m. at C ity Hall 32400 Paseo Adelanto, San Juan Capistrano .
If you have any questions or concerns please contact:
Heidi Ivanoff, Senior Program & Special Events Coordinator
(949) 443-6391
h ivanoff@sanjuancapistrano .org
Gil Leon, Coordinator
(949) 443-6393
g leon@sanjuanca pistrano .o rg
We appreciate the opportunity to bring a fun, family oriented activity for the community to enjoy .
S ince rely ,
Heidi Ivanoff
Sen io r Program & Spec ial Even ts Coo rdinator
ATTACHMENT 2