CC - Item 4G - Approval of Baque Bros Concessions for 4th of JulyROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: JEFF ACCRED, CITY MANAGER < 4
DATE: March 22, 2016
SUBJECT: Approval of Baque Bros Concessions for 4th of July
SUMMARY
The City Council will consider entering into an agreement with Baque Bros.
Concessions for the 4th of July concessions and rides. The agreement is for Baque
Bros. to operate ten (10) carnival rides, ten (10) game booths and one (1) food
concession wagon on the 4th of July at Rosemead Park.
Staff Recommendation:
That the City Council authorize the City Manager to execute the agreement in the
amount of $27,000.
Background /Discussion
The Baque Bros. Concessions have provided the carnival rides and game booths for 4
years as Baque Concessions. This year Baque Concessions is requesting $27,000 to
provide the carnival rides, game booths and concessions which is an increase of $2,000
from 2015. Baque Concessions is requesting a five percent deposit ($1,350.00) before
April 1, 2016, and the remaining portion of $25,650.00 on Saturday, July 4, 2016.
The agreement requires Baque Concessions to name the City as additionally insured
for one or more policies of insurance against risk of public liability and property damage
in the amount of $1,000,000.00 per occurrence for all covered losses and
$2,000,000.00 general aggregate using Insurance Services Office "Commercial General
Liability" policy form CG 00 01, or the exact equivalent (see attached agreement).
Public Notice Process
This item has been noticed through the regular agenda notification process.
Prepared by:
April L. Soash
Interim Director of Parks & Recreation
ITEM NO. 4.G
City of Rosemead
4TH OF JULY CELEBRATION AGREEMENT - 2016
This Agreement is made between Baque Bros Concessions, herein referred
to as OPERATOR and The City of Rosemead, herein referred to as CITY and has been
entered into for the purpose of providing and operating ten (10) carnival rides, ten (10)
game booths and one (1) food concession wagon.
OPERATOR does hereby warrant that they are a bona fide operator and
that they are able to perform the duties outlined herein,
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1) CITY does hereby grant to the OPERATOR a license to utilize the large
baseball field at Rosemead Park and allow the OPERATOR a period of time to set up
and breakdown said rides. OPERATOR shall have access to the large baseball field at
Rosemead Park beginning at 9:00 a.m. on Tuesday, June 28, 2016.
2) CITY shall permit OPERATOR and his personnel to habitat on the
infield of the large baseball field. OPERATOR is to supply his own utilities.
3) CITY shall have all permit fees waived that would normally be levied.
4) CITY shall have the right to rent to Community organizations CITY
booths.
5) CITY shall provide for inspection of rides at its cost. Rides will be
inspected on Thursday, July 2, 2015, at 3:00 p.m.
6) CITY shall provide trash dumpsters for OPERATOR at CITY'S expense.
OPERATOR shall have the responsibility to pick up the trash in ride area and dispose of
it in a trash dumpster.
7) The OPERATOR agrees to operate rides and concessions on Saturday,
July 4, 2015, from noon until 10:00 p.m. CITY may withhold funds due OPERATOR
should operator fail to operate rides and concessions for the full duration of said period.
8) CITY shall provide and maintain portable toilets at its expense for use
by the general public.
9) OPERATOR shall provide an operational plan and proposed ride costs
to CITY for approval.
10) OPERATOR shall provide ten (10) rides approved by CITY. The
OPERATOR shall provide all staff, power, equipment, supplies, etc. to operate the rides,
and food and game concessions.
11) OPERATOR will provide one (1) food concession wagon. Items sold
will be sno- cones, popcorn, hot dogs, corn dogs, cotton candy, nachos, candy, drinks
and churros. OPERATOR will keep all revenue from such food sales.
12) OPERATOR shall provide staff and ten game concessions.
OPERATOR will keep all revenue resulting from such game concessions.
13) All rides and concessions shall be in good condition. All rides and
concessions shall have all required State and other agency certificates and permits as
required by law.
14) OPERATOR will furnish CITY with 100 posters for event promotion.
15) CITY shall pay OPERATOR, a flat fee of twenty -seven thousand
dollars, ($ 27,000.00) for OPERATOR to provide and run 10 rides, one (1) food
concession booth and ten (10) game concessions. CITY will pay OPERATOR a five
percent deposit ($1,350.00) before April 1, 2016, and the remaining portion of $25,650.00
on Saturday, July 4, 2016.
16) CITY will have exclusive rights to sell wristbands and tickets for access
to carnival rides. CITY shall keep all proceeds made from the sale of such wristbands
and tickets. CITY agrees to cease all wristband and/or ticket sales one -hour before close
of event.
17) OPERATOR shall provide CITY with ticket selling booth without
charge to CITY, for each of the days of operation.
18) As required by law, OPERATOR shall notify all local governmental
agencies having jurisdiction and/or responsibility over the rides and concessions and
shall fully cooperate with them in regards to all requirements for public safety and
protection. CITY may withhold funds due OPERATOR should operator not fully
comply with such laws and/or requirements.
19) OPERATOR shall name the CITY, its officers, officials and employees
and any other agencies City deems appropriate as an additional insured for one or more
policies of insurance against risk of public liability and property damage in the amount
of at least $1,000,000.00 per occurrence for all covered losses and $2,000,000.00 general
aggregate using Insurance Services Office "Commercial General Liability" policy form
CG 00 01, or the exact equivalent. The Certificate must contain the following language:
"The City of Rosemead shall receive a thirty (30) day written notice from the issuing
company prior to any alteration of a material provision, reduction or cancellation of the
insurance required by the CITY."
20) OPERATOR shall not sell or distribute any alcoholic beverages within
or around the Park.
21) In the event that any property damage is sustained as a result of the
rides, OPERATOR agrees to reimburse the CITY for the total amount of repairs. CITY
may withhold funds due OPERATOR to cover property damages.
22) A. OPERATOR shall indemnify and save harmless CITY, its
officers and employees, from and against any and all damages to property or injuries to
or death of any person or persons, including property and employees or agents of CITY,
and shall defend, indemnify and save harmless CITY, its officers, and employees, from
and against any and all claims, demands, suits, actions or proceedings of any kind or
nature, including, but not by way of limitation, worker's compensation claims, resulting
from or arising out of the negligent acts, errors or omissions of OPERATOR, its
employees or subcontractors.
B. OPERATOR shall indemnify and save harmless CITY, its
officers and employees from and against any and all damages to property or injuries to
or death of any person or persons, including property and employees or agents of CITY,
and shall defend, indemnify and save harmless CITY, its officers and employees, from
and against any and all claims, demands, suits, actions or proceedings thereof, resulting
from or arising out of the intentional or malicious acts of OPERATOR, its employees or
subcontractors.
23) OPERATOR is an independent contractor and is not an employee of
the CITY. OPERATOR recognizes that the CITY is not dictating or controlling the ways
and means by which OPERATOR performs its duties under this Agreement.
This document constitutes the entire Agreement of the parties and supersedes any and
all other Agreements, either oral or in writing, between the parties.
No other Agreement, statement, or promise not contained in this Agreement shall be
valid or binding. Any modification of this Agreement will be effective only if it is in
writing and signed by both parties.
Whereupon, the parties hereto do hereby acknowledge that they have read and
understood the contents hereof, and agree to be bound thereby, and that the signatories
have the authority to execute this agreement on behalf of the principals they purport to
represent.
Baque Bros Concessions
Gerald Baque, Owner
P.O. Box 2417
Rancho Cucamonga Ca
Jeffry Allred, City Manager
City of Rosemead
Dated: