CC - Item 3I - Approval of Agreement with J.A. Blash Shows IncE M F
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGER
DATE: FEBRUARY 1, 2007
SUBJECT: APPROVAL OF AGREEMENT WITH J.A. BLASH SHOWS, INC. FOR
AMUSEMENT RIDES AND GAME BOOTHS FOR THIS YEAR'S 4T" OF
JULY CELEBRATION
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 Wednesday, July 4, 2007, 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
Wednesday, July 4, 2007 (Attachment A).
FINANCIAL REVIEW
J.A. Blash Shows will provide rides and games for a flat fee of twenty-two thousand, five
hundred dollars ($22,500), and the City will give them a deposit of eleven hundred and
twenty-five ($1,125) on or before April 1, 2007.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitte by'
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N7 CHAEL .-BURBA K
Director of Parks and Recreation
Attachment A: 4" of July Celebration Agreement - 2007
APPROVED FOR CITY COUNCIL AGENDA: (Sp~_CJQ:_
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City of Rosemead
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4TH OF TULY CELEBRATION
AGREEMENT - 2007
This Agreement is made 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 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.
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 to Community organizations CITY
booths.
5) CITY shall provide for inspection of rides at its cost. Rides will be
inspected on Tuesday, July 3, 2007, at 1:00 p.m.
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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.
7) The Contractor will operate the rides on Wednesday, July 4, 2007, 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.
He will keep all revenue.
12) OPERATOR shall provide staff and ten game concessions. He 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 CITY with 100 posters.
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15) CITY shall pay OPERATOR, a flat fee of twenty-two thousand, five
hundred dollars, 22,500.00) 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 ($1,125.00), before April 1, 2007, and the remaining portion $ 21,375.00
on Wednesday, July 4, 2007.
16) CITY staff will sell tickets/ wristbands. CITY shall keep all proceeds
made from the sale of ride tickets.
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.
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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.
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Whereupon, the parties hereto do hereby acknowledge that they have read and
understood the contents hereof, an 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.
Dated:
J.A. Blash Shows, Inc.
Bob Swartwood, President
12501 Verdugo Place
Chino, California 91710
Mayor, City of Rosemead
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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 Monday, July 2, 2007.
2) Days of carnival to be held Wednesday, July 4, 2007.
Hours on Wednesday, July 4, 2007 12:00 noon -10:00 p.m.
Tickets for rides are to be taken off sale on Wednesday, July 4, 2007, one-half
hour before closing.
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ROSEMEAD CITY COUNCIL
=STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCI
FROM: ANDREW C. LAZZARETTO, CITY MANAGE
DATE: FEBRUARY 1, 2007
SUBJECT: APPROVAL OF LICENSE AGREEMENT WITH THE ROSEMEAD
YOUTH ASSOCIATION FOR THE USE OF THE ROSEMEAD PARK
SNACK BAR
SUMMARY
For many years, the Rosemead Youth Association, a youth baseball organization, has
utilized the Snack Bar at Rosemead Park during their baseball season as a type of a
fundraiser and service to the Park patrons.
They are requesting that they be allowed to operate it again from February 14 - July 25,
2007.
Staff Recommendation
Staff recommends that the Rosemead Youth Association be allowed to operate the
Snack Bar at Rosemead Park and that the Mayor be authorized to execute the attached
License Agreement (Attachment A).
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted
L D. BURBANK
of Parks and Recreation
Attachment A: License Agreement at Rosemead Park
APPROVED FOR CITY COUNCIL AGENDA:
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LICENSE AGREEMENT AT ROSEMEAD PARK
THIS LICENSE AGREEMENT is made and entered into this 14a' day of February, 2007, by
and between the City of Rosemead, a municipal corporation, hereinafter referred to as "City" and
the Rosemead Youth Association hereafter referred to as "licensee".
WHEREAS, the City is the owner of that certain public park known as Rosemead Park; and
WHEREAS, Licensee is desirous of procuring from City the privilege of selling soft drinks,
coffee, candy, hot dogs, and other similar items from a refreshment stand during the regular hours
when Rosemead Park is open to the public; and
WHEREAS, the public interest and welfare will be served and the facilities and said Park
will be materially enhanced by the granting of such concession to a reputable party;
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
hereafter contained, said parties agree as follows:
1. City does hereby license and give unto Licensee, for a period commencing
February 14, 2007, and terminating July 25, 2007, the privilege of operating a refreshment stand for
the purpose of selling soft drinks, coffee, candy, hot dogs and other similar items during the
regular hours when Rosemead Park is open; such license does not permit Licensee to sell alcoholic
beverages.
2. Licensee agrees to keep accounting records of all receipts, sales and disbursements
acceptable to City, and City shall have the right to inspect said records at reasonable times. At the
termination of this agreement, Licensee further agrees to submit a complete financial report to the
Director of Parks and Recreation of all sales, receipts collected and disbursements made during the
terms of this agreement.
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Licensee agrees to file within 10 days after the execution of this agreement and prior
to any of its operations hereunder, and to maintain in the office of the City Clerk, a comprehensive
liability insurance policy, and said policy to name the City as one of the parties insured, in an
amount not less than One Million Dollars ($1,000,000) for one occurrence, insuring against the
death or injury of such persons claimed to have been suffered or incurred on the premises used by
Licensee in its operations hereunder, and including a products liability provision with limits not
less than One Million Dollars ($1,000,000) for any one person and One Million Dollars. ($1,000,000)
for any one occurrence.
4. Licensee agrees to immediately obtain all necessary permits and licenses for the
operation of said concession, at the expense of Licensees. Licenses shall obtain a Sales and Use Tax
Permit from the State Board of Equalization. Licensee shall be responsible for the collection and
remittance of sales tax on items sold.
5. Licensee agrees to maintain the Park free from all litter caused by the concession.
6. Licensee agrees to observe all rules and regulations promulgated by the Director of
Parks and Recreation in relation to use of the Park.
Licensee agrees to make no changes, additions, or alterations, nor erect any structure
on the park premises without written consent of said Director of Parks and Recreation.
8. Licensee agrees to erect no fences or advertising matter of any kind on the Park
premises unless approved in writing by the Departments of Parks and Recreation.
Licensee shall make reasonable charges for food and other miscellaneous concession
stand items, and shall furnish a complete list in detail of any and all such charges to the Director of
Parks and Recreation. Such charges shall be subject to said Director's approval, which shall not be
unreasonably withheld by said Director.
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10. A. Licensee shall indemnify and save harmless CITY, its offers 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 limitations, worker's
compensation claims, resulting from or arising out of the negligent acts, errors or omissions of
LICENSEE, its employees or subcontractors.
B. Licensee 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 person,
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 arising out of
actions or proceedings thereof, resulting from or arising out of the intentional or malicious acts of
LICENSEE, its employees or subcontractors.
11. Licensee agrees that the rights herein granted shall not be assignable or transferable
to any persons, or by proceedings in any court, or by execution proceedings, insolvency or
bankruptcy, either voluntary or involuntary, of the Licenses. City may, in the event any of the
above occur, at its option, forth with terminate and cancel this agreement, in which event all rights
of said Licensee hereunder shall immediately cease and terminate and Licensee shall immediately
deliver up possession to the City.
12. City shall have the right to terminate and cancel this agreement and all the privileges
granted hereby giving to Licensee ten (10) days written notice of its intention to do so, and at the
end of said ten (10) days, said City shall have the right to9 enter the premises, take possession
thereof and remove all persons and property there from, all without compensation to Licensee.
13. Licensee agrees, upon termination of this agreement, to remove all of its property
and to leave that portion of the Park used by it for the operation of the concession in as good a
condition as when possession thereof was given to it. See section 16 for additional conditions.
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14. Notices desired or required to be given hereunder or under any law now or hereafter
in effect may be at the option of the party giving the same by enclosing a sealed envelope
addressed to the party for whom intended and by depositing such envelope with postage prepaid
in the United States Post Office, or any substation hereof, or any public letter box, and any such
notice and the envelope containing the same shall be addressed to the Licensee at 232 E. Emerson,
#A, Monterey Park, California 91755, Attention: Sergio Nava, President, or such other place as
may hereinafter be designated in writing by the Licensee, and the notices and the envelopes
containing the same to the City shall be addressed to the Director of Parks and Recreation, City of
Rosemead, Rosemead City Hall, 8838 East Valley Boulevard, Rosemead, CA 91770.
15. It is understood and agreed that this license agreement is a license and not a lease,
and is a personal, revocable and unassignable permission for Licensee to perform the acts
hereinbefore set out without reserving or granting to said Licensee any interests therein.
16. Additional Conditions
A. Cleaning and Removal of Supplies and/or Equipment
1. The organizations, shall post a cleaning deposit of One Hundred Dollars ($100.00)
one week in advance of opening to insure that;
a) The.organization cleans the Snack Bar and removes all supplies by the dates
indicated, and;
b) All trash around the outside of the Snack Bar and bleacher areas are picked up daily
and put in the City's trash bin, and;
c) Each organization will provide their own cleaning materials for the Snack Bar.
In the event the above conditions are not met by the organization, City staff will clean such
areas/facility, and back charge the organization's cleaning deposit. If this should occur, the
organization will need to post another cleaning deposit ($100.00), before they are allowed to
operate the Snack Bar.
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IN WITNESS WHEREOF, the City of Rosemead has, by order of the City Council of Rosemead,
caused this agreement to be executed by the Mayor and attested by the Clerk thereof, and Licensee
have executed this agreement or caused it to be duly executed this agreement or caused it to be
duly executed, the day and year first above written.
Licensee
ATTEST: City Clerk
City of Rosemead
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