CC - Item 3E - J.A. Blash Shows Inc.ROSEMEAD CITY COUNCIL
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STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER OQ~:
DATE: MARCH 10, 2009
SUBJECT: APPROVAL OF AGREEMENT WITH J.A. BLASH SHOWS, INC. FOR
AMUSEMENT RIDES AND GAME BOOTHS FOR 4T" OF JULY
CELEBRATION 2009
SUMMARY
For several years the City has used J.A. Blash Shows to provide amusement rides and
game booths in conjunction with the City's 4th of July Celebration.
Once again, Blash Shows has indicated that they would like to take part in this year's
• celebration, which will be held on Saturday, July 4, 2009, at Rosemead Park from noon
until 10:00 p.m.
As in the past, the City will sell ride wristbands for one price that will be good all day and
can be used as often as the participant wishes.
Staff Recommendation
Staff recommends that the City Council authorize the Mayor to execute the agreement
with J.A. Blash Shows, Inc. to provide amusement rides and game booths on Saturday,
July 4, 2009 (Attachment A).
FINANCIAL REVIEW
J.A. Blash Shows will provide rides and games for a flat fee of twenty-three thousand,
five hundred dollars ($23,500), and the City will give them a deposit in the amount of
one thousand, one hundred and seventy-five dollars ($1,175) on or before April 1, 2009.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
itted
'OAVI~VINT~OMERY-SCOTT
• Direct , Iy~ and Recreation
Attachment A: 4w of July Celebration Agreement - 2009
APPROVED FOR CITY COUNCIL AGENDA: D ' ITEM NUMBER: 3 e
City of Rosemead
4T" OF JULY CELEBRATION AGREEMENT - 2009
This Agreement is made and entered into 10th March, 2009 by and between
J.A. Blash Shows, Inc., 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 OPERATOR a license to utilize the large
• baseball field at Rosemead Park and allow OPERATOR a period of time to set up and
breakdown said rides.
2) CITY shall permit OPERATOR and his personnel to habitat on the large
ballfield infield. 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 CITY booths to Community organizations.
5) CITY shall provide for inspection of rides at its cost. Rides will be
inspected on Thursday, July 2, 2009, at 1:00 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
• in a trash dumpster.
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7) The Contractor will operate the rides on Saturday, July 4, 2009, from noon
• until 10:00 p.m.
8) CITY shall provide and maintain portable toilets at its expense for general
public.
9) OPERATOR shall provide an operational plan and proposed ride cost 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, food and game concessions.
11) OPERATOR will provide one (1) food concession wagon. Items sold will
be sno-cones, popcorn, hot dogs, pizza bread, cotton candy, drinks, and churros.
OPERATOR will keep all revenue.
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12) OPERATOR shall provide staff and ten game concessions. OPERATOR
will keep all revenue.
13) All rides shall be in good condition. All rides shall have proper and current
State and other Agency's certificates and permits.
14) OPERATOR will furnish C/TYwith 100 posters.
15) CITY shall pay OPERATOR, a flat fee of twenty-three thousand, five
hundred dollars, ($23,500.00) for OPERATOR to provide and run 10 rides, food
concession booth (1) and ten (10) game concessions. CITY will pay OPERATOR a five
percent deposit ($1,175.00), before April 1, 2009, and the remaining $22,325.00 on
Saturday, July 4, 2009.
• 16) CITY staff will sell tickets/wristbands. CITY shall keep all proceeds made
from the sale of ride tickets.
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• 17) OPERATOR shall provide CITY with ticket selling booth without charge to
CITY, for each of the days of operation.
18) OPERATOR shall notify all local governmental agencies having
jurisdiction and or responsibility over the rides and cooperate with them in regards to
their requirements for protection of the public.
19) OPERATOR shall name the CITY and any other agencies CITY deems
appropriate as an also 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. 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 the 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,
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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
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.
(Signatures on next page.)
F- 1
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• CITY OF ROSEMEAD J.A. BLASH SHOWS, INC.
By:
•
Attest:
By:
Mayor Bob Swartwood, President
J.A. Blash Shows, Inc.
12501 Verdugo Place
Chino, California 91710
Date:
Gloria Molleda
City Clerk
Date:
Approved as to Form:
Bonifacio "Bonny" Garcia
City Attorney
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EXHIBIT "A"
• 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field,
from 9:00 a.m. on Tuesday, June 30, 2009.
2) Carnival to be held on Saturday, July 4, 2009, 12:00 noon - 10:00 p.m. only.
3) Ticket sales for rides will cease at 9:30 p.m. on Saturday, July 4, 2009.
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