CITY OF SANTA ANA
AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, TO PROVIDE
OUTDOOR MOVIE SERVICES
THIS AGREEMENT is made and entered into this 21th day of May, 2024 by and between Ultimate Entertainment, LLC, a California limited liability company (hereinafter “Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “City”).
RECITALS
A. On February 27, 2024 , the City issued Request for Proposal (“RFP”) 24-008 seeking proposals from qualified con tractors to provide specialized services of providing outdoor movie services for the City’s Movies in the Park events.
B. Contractor submitted a timely and responsive proposal which was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Contractor shall perform, during the term of this Agreement, the tasks and obligations, including all labor, m aterials, tools, equipment, and incidental customary work required to fully and a dequately complete the services described in the scope of work incl uded in RFP No. 24 -008, which is attached hereto as Exhibit A and incorporated by reference, and as delineated in Contractor ’s proposal, which is attached hereto as Exhibit B and incorporated by reference.
b. In the event of an inconsistency among the provisions of this Agreement and any of its exhibits, such inconsistency shall be resolved by giving precedence in the following order:
(1) This Agreement;
(2) The scope of services included in RFP No. 24-008 and attached as Exhibit A;
(3) Contractor’s proposal, attached as Exhibit B.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, for services actually performed at events mutually agreed upon by the parties in a signed writing. The total amount of this Agreement shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000).
b. Payment of deposit of half of the proper invoice for a mutually agreed upon event, shall be processed and paid to Contractor prior to such mutually agreed upon event, following City’s receipt of the proper invoice for such mutually agreed upon event.
In the event Contractor fails to provide a proper invoice for a mutually agreed upon event at least one (1) week prior to the mutually agreed upon event, then payment shall be paid in full, subject to City’s accounting procedures, within forty-five (45) days f ollowing City ’s receipt of the proper invoice for a mutually agreed upon event.
c. Remaining balance for a mutually agreed upon event shall be paid within forty-five (45) days following the date of the mutually agreed upon event , subject to City accounting procedures.
d. City and Contractor agree that all payments due and owing under thi s Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be aut horized to deposit payments directly into Contractor’s account(s) with financial institutions.
e. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on June 1, 2024 and expire on May 31, 2026, with the option for the City to grant up to t hree (3) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 1 6, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional man ner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. 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 Contractor under this Agreement (“Documents & Data”). Contractor shall require all sub contractors to agree in wri ting that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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.
6. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(1) Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability : ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation : as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
(5) Broader Coverage. If the Contractor maintains broader coverag e and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
b. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
(1) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
(2) Primary Coverage. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
(4) Waiver of Subrogation. Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
(5) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
(6) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
(7) Claims-Made Policies. If any of the required policies provide claims-made coverage:
a. The retractive date must be shown, and must be before the date of the Agreement or the beginning o f work performed under the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work under the Agreement.
c. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effect ive date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
(8) Verification of Coverage. Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
(9) Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
(10) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may ari se from the negligent operations of the Contractor or its consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal i njury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmle ss, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proc eeding.
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 rela te to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, i ncluding costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. BACKGROUND CHECK REQUIREMENTS
Contractor shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190 -190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288,
288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursem ents charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall a llow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreemen t, 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 in cludes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful pos session of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. 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: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
Executive Director,
Parks, Recreation and
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-4211
To Contractor: Ultimate Entertainment, LLC
Attn: Steven Nero, President
12104 Park St.
Cerritos, CA 90703
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 b e 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.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agre ements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other consultants or contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to rece ipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in con nection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
18. 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.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of C alifornia, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. 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, a nd 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.
[signature page follows]
SIGNATURE PAGE FOR
AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, TO PROVIDE
OUTDOOR MOVIE SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST CITY OF SANTA ANA
_______________________ _________________________
Jennifer L. Hall Alvaro Nunez
City Clerk Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _____________________
Brandon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL: CONTRACTOR
__________________________ __________________________ Hawk Scott Steven Nero
Executive Director, President
Parks, Recreation and
Community Services Agency
Steve Nero (May 7, 2024 21:47 PDT)
Steve Nero
EXHIBIT A
CITY OF SANTA ANA
The Consultant shall perform services as set forth below.
I. GENERAL CONTRACTOR REQUIREMENTS
A. Acquire proper licensing for approved movies to be presented at each event.
• The City shall choose which movies will be presented at each event.
B. Provide knowledgeable, professional, and sufficient staff, operators, and supervision required to deliver successful Movies in the Park for seven (7) consecutive weeks in the months of June and July of every year and any additional events requested by the City. The City may make adjustments to this schedule if needed with sufficient notice to Contractor.
C. Operator must remain onsite the entire duration of each movie event.
D. Contractor must provide all contractor staff an identifying uniform shirt to be work at all events performed under this contract for the City.
E. Provide movie screen, generator, projector, and all projection, sound equipment and cables required for delivery of services as specified herein.
• Minimum movie screen size must be 25’ x 15’’
• Projector system must be able to play Blu-Ray, DVD, and allow HDMI connection for external laptop at minimum.
• Projector system must be at least 5500 Lumens.
F. Movie Run Time: All movies must be 120 minutes or less starting at sunset.
G. Set up and tear down movie screen, sound system, and any additional items and equipment needed to present a high-quality outdoor movie experience. This includes delivery and pick up service of all items.
H. Provide movie options that may be listened to in Spanish.
• Provide a secondary Bluetooth player or related equipment necessary to simultaneously play City -supplied Bluetooth headsets that provide the ability for patrons who wish to listen to the movies featured in Spanish.
I. Provide a 1000-watt speaker with a microphone to allow City staff and designees to address patrons prior to the movie screening.
J. Expected Crowd Size: 500-1500 people per movie event.
EXHIBIT I
SCOPE OF SERVICES
CITY OF SANTA ANA
K. Location of Events:
Event Date Location Address
June 7, 2024 Memorial Park 2102 S Flower St, Santa
Ana, CA 92707
June 14, 2024 Adams Park 2302 S Raitt St, Santa Ana,
CA 92704
June 21, 2024 Roosevelt-Walker
Community Center
816 E Chestnut Ave, Santa
Ana, CA 92701
June 28, 2024 El Salvador Park 1825 W Civic Center Dr,
Santa Ana, CA 92703
July 12, 2024 Heritage Park 4812 W Camille St, Santa
Ana, CA 92704
July 19, 2024 Rosita Park 706 N Newhope St, Santa
Ana, CA 92703
July 26, 2024 Santa Ana Zoo at Prentice
Park
1801 E Chestnut Ave, Santa
Ana, CA 92701
II. SCHEDULES AND DEADLINES
A. Set-up: Friday on day of event up to two hours prior to the screening.
B. Clean-up: All movie equipment must be cleaned up and removed immediately following the ending of each movie.
C. Movies in the P ark begins on Friday, June 7, 2024, and will continue weekly on Friday evenings until the last Friday of July 2024. There may be an additional 2 movie events in the Fall and Winter that will be scheduled upon award of this agreement.
The 2024 Movies in the Park series dates are as follows, although the City reserves the right to add, delete, or replace shows with other events according to the City’s needs and available budget:
1. June 7, 2024
2. June 14, 2024
3. June 21, 2024
4. June 28, 2024
5. July 12, 2024
6. July 19, 2024
7. July 26, 2024
Any movies that are cancelled by the City due to unfavorable weather conditions must be rescheduled on a mutually agreed upon by the City and Contractor at no additional costs.
III. ADDITIONAL INDIVIDUAL SERVICES
Contractor shall propose additional elements that they can provide for each event, such as
CITY OF SANTA ANA
inflatables and other features for family entertainment prior to the commencement of movie screenings on the evening of each Movies at the Park event.
A. Additional individual services can be priced individually as a la carte items . The City may add any of the items proposed for any of the scheduled or added events at its discretion.
B. The City may request additional elements to enhance Movies in the Park on an as-needed basis. This may include inflatable jumpers, a bounce house or other games, dances, and entertainment for families for up to two hours immediately prior to the screening. Addition of proposed items will be determined at the discretion of the Project Manager.
EXHIBIT B
2024
PROPOSAL FOR MOVIES IN THE PARK
STEVEN NERO
MEGA OUTDOOR MOVIES | 12104 Park St, Cerritos, CA
Mega Outdoor Movies
Table of Contents
A. Cover Letter .......................................................................................................................................... 2 B. Services Provided ................................................................................................................................. 4 General Contractor Requirements ............................................................................................................ 5 Schedules and Deadlines .......................................................................................................................... 6 Additional Individual Services ................................................................................................................... 6 C. Agreement Statement .......................................................................................................................... 8 D. Firm and Team Experience ................................................................................................................. 18 E. Proposed Work Plan ........................................................................................................................... 21 F. References .......................................................................................................................................... 23 Cost Proposal .............................................................................................................................................. 25 Minimum Lump Sum Proposal ................................................................................................................ 26 Additional Movie Night Proposal ............................................................................................................ 26 Lump Sum Proposal Including Additional Elements ............................................................................... 27 Additional Movie Proposal Including Additional Elements ..................................................................... 28 A La Carte Items Rate per 4 hours........................................................................................................... 28 Certifications ............................................................................................................................................... 30 A. PROPOSER’S CERTIFICATION, PROPOSAL PRICING ........................................................................ 32 C. PROPOSERS STATEMENT ................................................................................................................ 33 D. NON-COLLUSION AFFIDAVIT .......................................................................................................... 34 E. NON-LOBBYING CERTIFICATION ..................................................................................................... 35 F. NON-DISCRIMINATION CERTIFICATION ......................................................................................... 36
A. Cover Letter
Monique Leon
Recreation & Community Services Supervisor
City of Santa Ana – Parks, Recreation and Community Services 20 Civic Center Plaza, M-23
Santa Ana, CA 92701
Dear Ms. Leon,
I am writing on behalf of Ultimate Entertainment LLC, dba Mega Outdoor Movies, the leading provider of outdoor Movie solutions in Southern California. As the authorized representative of Mega Outdoor Movies, I am excited to submit our proposal for the "Movies in the Park" series organized by the City of Santa Ana's Parks, Recreation and Community Services Agency.
Mega Outdoor Movies specializes in delivering high-quality outdoor movie experiences, and we are enthusiastic about the opportunity to bring our expertise to the Santa Ana community. As the leading entity in the outdoor entertainment industry, our company is equipped to meet the requirements outlined in your request for proposals.
Our team is committed to delivering exceptional service and ensuring the success of each movie night.
With our inflatable screens, state-of-the-art projectors and sound systems, and innovative technology, we aim to provide memorable experiences for residents and families throughout the summer.
Thank you for considering Mega Outdoor Movies for this opportunity. We look forward to the possibility of working together as a partner and are available to provide any additional information or clarification you may require.
Sincerely,
Steven Nero
President
Mega Outdoor Movies
B. Services Provided
A.
General Contractor Requirements
A. Licensing and Movie Selection Mega Outdoor Movies will acquire proper licensing for approved movies selected by the city for each event.
B. Staffing and Supervision We do over 700 outdoor movies a year in Southern California. We have been doing outdoor movies for over 10 tears and we are also the manufacturer of the screens. We commit to providing trained, knowledgeable, professional, and sufficient staff, operators, and supervision to ensure the successful execution of Movies in the Park for seven consecutive weeks in June and July, as well as any additional events requested by the City. We acknowledge the City's authority to adjust the schedule with adequate notice. We will have at least 4 people at every event lead by Jorge Cabrera our operations manager who has been with us for over 10 years. I, Steve Nero, will also personally be at most events.
C. Onsite Presence Our operators will remain onsite for the entire duration of each movie event.
D. Uniforms All contractor staff will wear identifying uniform shirts at every event performed under this contract for the City.
E. Equipment Provision Mega Outdoor Movies will provide the necessary equipment, including a commercial inflatable movie screen manufactured in the USA (minimum size: 25' x 15'), generator, projector compatible with Blu-Ray, DVD, and HDMI connections, and sound equipment meeting a minimum of 5500 Lumens. We will actually upgrade you to an 11,000-lumen projector and 4 speakers for a better picture and sound experience. We will ensure the setup and operation of all equipment for a high-quality outdoor movie experience.
F. Movie Run Time While movies are expected to be less than 120 minutes, we will arrive at least 2 hours prior to the start of the event, ensure everything is set up and sound is playing 1 hour before start of the event and do everything possible to ensure a quality movie experience.
G. Setup and Tear Down Our team will handle the setup and tear down of the movie screen, sound system, and any additional equipment required for the events, including delivery and pickup services.
H. Multilingual Options To cater to diverse audiences, we will provide movie options with Spanish audio.
Additionally, we will supply a secondary Bluetooth player for patrons to listen to movies in Spanish using City-supplied Bluetooth headsets.
I. Public Address System We will provide a 1000-watt speaker with a microphone to allow City staff and designees to address patrons before the movie screening.
Schedules and Deadlines
A. Set-up: Mega Outdoor Movies will ensure prompt setup of all equipment on the day of each event, arriving up to two hours prior to the scheduled screening time.
B. Clean-up: Following the conclusion of each movie, Mega Outdoor Movies commits to promptly dismantling and removing all movie equipment from the site to ensure the area is left clean and ready for public use.
C. Event Dates: The 2024 Movies in the Park series will commence on Friday, June 7, 2024, and continue weekly on Friday evenings until the last Friday of July 2024. Additionally, Mega Outdoor Movies acknowledges the possibility of up to two additional movie events in the Fall and Winter, to be scheduled upon the agreement's award.
Movie Schedule:
1. June 7, 2024
2. June 14, 2024
3. June 21, 2024
4. June 28, 2024
5. July 12, 2024
6. July 19, 2024
7. July 26, 2024
In the event of any cancellations due to unfavorable weather conditions, Mega Outdoor Movies agrees to collaborate with the City to reschedule the movie on a mutually agreed-upon date at no additional cost to the City.
Additional Individual Services
Ultimate entertainment dba Mega Outdoor Movies, also owns Ultimate Party Jump and the Fun Company, allowing us to uniquely offer a wide range of additional elements to enhance each Movies in the Park event. Ultimate party jump and the Fun Company have over 300 inflatables, rides and attractions. Together we are the largest outdoor event company in Southern California. Our combined expertise allows us to create unforgettable experiences for families prior to the commencement of movie screenings.
A. A La Carte Options: Mega Outdoor Movies, The Funco Company and Ultimate Party Jump provide a variety of individual services that can be tailored to suit the specific needs of each event. These services are priced individually, allowing the city to select and add items as desired.
B. Enhanced Family Entertainment: At the discretion of the City, Mega Outdoor Movies, The Fun Company and Ultimate Party Jump can incorporate additional elements to transform Movies in the Park into a vibrant carnival-like atmosphere. Our offerings may include inflatable jumpers, bounce houses, games, carnival rides, dances, and other entertainment options, all designed to engage families and create excitement leading up to the movie screenings.
Our partnership ensures seamless coordination and the ability to adapt to the City's needs on an as- needed basis. With Mega Outdoor Movies providing outdoor movie solutions and The Fun Company and Ultimate Party Jump offering inflatable rentals and entertainment services, we are well-equipped to enhance each event and exceed expectations.
The addition of proposed items will be determined collaboratively with the Project Manager, ensuring that each Movies in the Park event is unique and memorable for attendees of all ages.
C. Agreement Statement
B.
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this __20th___day of_March___ , 2024 by and between ___Ultimate Entertainment LLC dba Mega Outdoor Movies_____________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
c.
3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a two (2) year term with the option for the City to grant up to a three, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. 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 Consultant under this Agreement (“Documents & Data”). Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant 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.
6. INSURANCE (Subject to revision per RMD requirements) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant 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.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties.
In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by consultant prior to receipt of such notice of termination, subject to the following conditions:
a) As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b) Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. 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.
18. PROFESSIONAL LICENSES
Consultant 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. Consultant 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.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council City of Santa Ana
20 Civic Center Plaza (M-30)
P .O. Box 1988
Santa Ana, CA 92702-1988 Fax: 714- 647-6956
With courtesy copies to:
Executive Director,_______Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P .O. Box 1988
Santa Ana, California 92702 Fax:
To Contractor:
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.
First & Last
Name Title
Consultant Firm Name
Address
City, State, Zip
Fax:
20. MISCELLANOUS 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) The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement.
This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement
IN WITNESS WHEREOF , the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
________________________ __________________________ Jennifer L. Hall Tom Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By: ___________________________
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
___________________________________
Hawk Scott Executive Director
Parks, Recreation and Community Services Agency
(name)
(title)
D. Firm and Team Experience
I. Firm Profile: Ultimate Entertainment LLC dba Mega Outdoor Movies is the leading provider of outdoor entertainment solutions in Southern California. We specialize in creating memorable experiences for communities across California. With a dedicated team of professionals, we pride ourselves on delivering top-quality services tailored to the unique needs of each client. We have been doing outdoor movies for over 10 years, we do over 700 movies a year and we have a team of over 10 full time and over 50 part time employees. For the Santa Ana Movies in the park program we will have a team of 4 to 10 people depending on the additional elements to enhance the movies in the park program.
II. Firm Locations: Our nearest address serving the City of Santa Ana is our headquarters in Cerritos, 12104 Park St., Cerritos, CA 90703.
III. Project Manager/Principal Agent: The supervising Project Manager/Principal Agent assigned to this agreement is Steven Nero, the President. As the primary contact person representing Mega Outdoor Movies, Steven brings decades of experience to the table and will oversee all aspects of the project. Steven will also be available to conduct presentations and liaise with the City of Santa Ana as needed. You can reach out to him at [email protected] or (714) 231-2779 IV. Key Staff Resumes:
Steve Nero – President
Education: BSEE Worcester Polytechnic Institute 1988, MBA Duke University 2002 Experience: 1988-2002 various engineering management roles including 8 years as VP of marketing and Engineering for ADAC LABS, a medical imaging company in Milpitas, CA
2003-2012 President of Star Trac Fitness Equipment Manufacturer in Irvine, CA 2012-2024 Owner and President of eInflatables – inflatable Manufacturer • eInflatables manufactures the inflatable screens, as well as over 300 different inflatable rides and attractions that are sold to party rental companies all over the world.
2013-2024 Owner and President of Ultimate Entertainment dba Mega Outdoor Movies
• Mega Outdoor Movies does over 500 Movies in Southern California, we do all the movies for almost all the cities in San Diego County and many of the cities in Los Angeles County and Orange County. We have the most screens, projectors, equipment and staff of any outdoor movie company in California
2013-2024 Owner and President of Ultimate Entertainment LLC dba Ultimate Party Jump
• Ultimate Party Jump is an inflatable rental company that provides inflatables in LA and Orange County
2023-2024 Owner and President of Ultimate Entertainment LLC dba The Fun Company
• The Fun Company is an event Production company that Provides rides, games and attractions including carnival rides throughout Southern California
Jorge Cabrera – Operations Manager
Experience: 2012- 2019 Various manufacturing roles for eInflatables – inflatable manufacturer
2018- 2024 Operations Manager for megaoutdoor movies, ultimate party Jump and The Fun Company.
• Jorge is an outstanding operation leader who is brings over 12 years of hands on experience with inflatable movie screens and equipment. HE is unique in the world
Renee Bailey – Sales manager
Experience: 2015- 2020 Various sales and operation roles for eInflatables and Mega Outdoor Movies
2020 – 2024 Sales and office Manager for Mega Outdoor movies, ultimate Party Jump and The Fun Company
• Renee has over 30 years of experience as a sales and operations manager. She is committed, dedicated and reliable and handles all aspects of sales and logistics.
E. Proposed Work Plan
Understanding of Scope of Services: Mega Outdoor Movies comprehensively understands the Scope of Services outlined by the City of Santa Ana. We have run the Santa Ana outdoor movies program for the last 3 years. Our approach encompasses meticulous planning, efficient execution, and a focus on delivering exceptional outdoor movie experiences to the community.
I. Anticipated Approach
• Mega Outdoor Movies will begin by collaborating closely with the City's Parks, Recreation, and Community Services Agency to understand specific event requirements and preferences. • We will then proceed with securing necessary permits, licenses, and permissions for each movie night.
• We will conduct a site visit of each venue and develop a plan and timeline for each event. • We will collaborate with the city and get approval on all of this. • Our team will ensure timely setup of inflatable screens, sound systems, and additional equipment at designated park locations.
• We arrive 2 hours early and will have all setup complete 30 minutes before the start of any event.
• We also have Ultimate Party Jump and The Fun Company and are able provide inflatable rentals and family entertainment activities prior to each movie screening. • Throughout the series, Mega Outdoor Movies will maintain open communication channels with the city to address any concerns and ensure seamless execution of services.
II. Suggestions or Special Concerns
• We suggest the evaluation committee consider the flexibility of our proposed plan, allowing for adjustments based on weather conditions or unforeseen circumstances.
III. Description of Deliverables and Implementation Plan • Deliverables include the delivery, setup, operation and strike of inflatable screens, sound systems, and additional equipment for each movie night. • Our implementation plan involves meticulous scheduling to ensure timely setup and teardown, as well as coordination with Ultimate Party Jump for family entertainment activities. • A detailed timeline outlining key milestones and deadlines will be provided upon acceptance of the proposal.
F. References
Customer Name: City of Santa Ana Contact Individual: Sonia Batres Address: 20 Civic Center Plaza, Santa Ana, CA, 92701 Phone Number: (714) 571-4227 EMAIL: [email protected]
Contract Amount: $50,453 Year: 2021
Description of supplies, equipment, or services provided: Provided movie equipment to produce Santa Ana Movies in the park series. We provided movie screens, projectors, speakers, generators, audio headphones and lighting for 14 movie nights. She is currently working for the City of Norwalk.
Customer Name: Aliso Viejo Community Association Contact Individual: Kevin Ortiz Address: 95 Argonaut Ste. 190, Aliso Viejo, CA, 92656 Phone Number: (714) 494-5605 EMAIL: [email protected]
Contract Amount: $11,750 Year: 2023
Description of supplies, equipment, or services provided: Provided movie equipment to produce Summer Movies series for the community of Aliso Viejo. Hosted 5 movie nights with our screens, projectors, generators and audio. We have been hosting them since 2021 and have already scheduled 2024 as well.
Customer Name: City of Torrance Contact Individual: Jesus Castro Address: 3031 Torrance Blvd, Torrance, CA, 90503 Phone Number: (310) 715-9302 EMAIL: [email protected]
Contract Amount: $4,154.04 Year: 2023
Description of supplies, equipment, or services provided: Provided movie equipment to produce Summer Movies series for the City of Torrance. Hosted 4 movie nights with our screens, projectors, generators and audio.
Cost Proposal
Minimum Lump Sum Proposal
Date Type Description Park Name Total Due
6/7/2024 Screen The Blockbuster (26’ x 15’) Memorial Park $1,799.00 Accessory Generator $150.00
6/14/2024 Screen The Blockbuster (26’ x 15’) Adams Park $1,799.00 Accessory Generator $150.00
6/21/2024 Screen The Blockbuster (26’ x 15’) Roosevelt-Walker Community Center
$1,799.00
Accessory Generator $150.00
6/28/2024 Screen The Blockbuster (26’ x 15’) El Salvador Park $1,799.00 Accessory Generator $150.00
7/12/2024 Screen The Blockbuster (26’ x 15’) Heritage Park $1,799.00 Accessory Generator $150.00
7/19/2024 Screen The Blockbuster (26’ x 15’) Rosita Park $1,799.00 Accessory Generator $150.00
7/26/2024 Screen The Blockbuster (26’ x 15’) Santa Ana Zoo at Prentice Park
$1,799.00
Accessory Generator $150.00
Total Invoice $ 13,643.00
Discount: $0
50% Deposit Required
Balance Due $13,643.00
Additional Movie Night Proposal
Date Type Description Park Name Total Due
- Screen The Blockbuster (26’ x 15’) - $1,799.00
Accessory Generator $150.00
Total Invoice $ 1,949.00
Discount: $0
50% Deposit Required
Balance Due $1,949.00
Lump Sum Proposal Including Additional Elements
Date Type Description Park Name Total Due
6/7/2024 Screen The Blockbuster (26’ x 15’) Memorial Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
6/14/2024 Screen The Blockbuster (26’ x 15’) Adams Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
6/21/2024 Screen The Blockbuster (26’ x 15’) Roosevelt-Walker Community Center
$1,799.00
Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
6/28/2024 Screen The Blockbuster (26’ x 15’) El Salvador Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
7/12/2024 Screen The Blockbuster (26’ x 15’) Heritage Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
7/19/2024 Screen The Blockbuster (26’ x 15’) Rosita Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
7/26/2024 Screen The Blockbuster (26’ x 15’) Santa Ana Zoo at Prentice Park
$1,799.00
Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
Total Invoice $ 28,343.00
Discount: $0
50% Deposit Required
Balance Due $28,343.00
Additional Movie Proposal Including Additional Elements
Date Type Description Park Name Total Due
- Screen The Blockbuster (26’ x 15’) - $1,799.00
Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.0
Total Invoice $ 4,049.00
Discount: $0
50% Deposit Required
Balance Due $4,049.00
A La Carte Items Rate per 4 hours
Item Price Item Price
Photo Booth $399 Hi-Striker 17ft $300
Castle Bounce House $175 Gladiator Joust $600
Castle Combo $325 Cliff Hanger $900
Under the Sea Combo $325 Leaps & Bounds $800
Meltdown $1950 The Ultimate Playground $800
Pirates Revenge $3200 Popcorn Machine with Cart $550
Hard Rock Wall $1500 Snow Globe $600
Euro Bungee $3500 My Little Farm $450
Face Painters $350 Cotton Candy Cart $550
3-Play Sports $575 Boot Camp Challenge $1300
Caricature Artist $350 Henna Artist $350
F1 Fast & Fun Race Track with Pedal
Cars
$1550 Wild Wave Slide 26' $900
Mechanical Bull $1100 Rugged Warrior Half $1300
Balloon Artist $350 First and Ten Football Game $550
7 Element (Yellow, Green, and Purple) $550 Holiday Snowman jumper $600 Petting Zoo - Large (includes Alpaca or
Mini Donkey)
$750 Giant Soccer / Baseball Darts $500
Dunk Tank Large $500 Carnival Swings $3500
Trackless Train $1200 3-in-1 Slide, Climb & Bounce
Combo 11 x 30
$550
Hippo Chow Down $750 Triple Lindy Surf N Slide $1300
Ferris Wheel $7000 Soccer Shootout $450
Laser Tag $1600 Hi Striker 10 ft $300
Petting Zoo - Small $500 Jet Airplane Ride -
Screamer Slide $700 Snow Cone Cart $550
Rocky Mountain $1100 Extra Large Fun House $450
Wrecking Ball $750 Sports Splash Slide $500
Jacobs Ladder $1060 Wild Wave Junior Slide 21' $900
Alligator Alley - Roller Coaster $11000 Magic Show $500 Corn Maze $1300 Rugged Warrior $1950
Shooting Stars Basketball $525 Castle Jumper $525
65 Obstacle Course $750 Giant Cornhole $300
Wizzer Carnival Ride $850 Foam Dance Pit $1600
Triple Lindy $1000 7 Element Obstacle Course $550
Rugged Warrior 180 $2050 V-REC (Vertical Rush Extreme
Competition)
$1300
Vertical Rush $900 Pumpkin Bouncer $600
Ninja Warrior $1200 Human Gyroscope (Orbitron) $800
Dual Hi Striker 17ft $550 Euro Castle Bounce House $400 Junior Corn Maze $750 Sports Combo Twist $350
Bungee Run $600 Sorcerers Castle $650
Hawaiian Slip N Slide With Pool $400 Outer Space Mountain $700 Criss Cross Water Slide $600 Pillow Bash $550
Heavy Hitter $550 Rock N Roll $650
Lil Splash Water Slide $400 Tugga Touchdown $700
Leap of Courage $500 Zorbie Ball (Pair) $500
Boot Camp Extreme $1350 Acro Flight $1000
Vortex $750 20 Foot Accelerator Slide $700
Sticky Dodgeball $500 Big Kahuna Slide $500
Dunk Tank Collapsible $425 Toy Town Learning Center $550 Flipper Dipper Jumper $350 Black Ops $1300
Certifications