CC - Item 4C - Acquisition of Carnival Ride Vendor•
TO: CITY MANAGER
LJ
FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIO
DATE: FEBRUARY 21, 2006
RE: ACQUISITION OF CARNIVAL RIDE VENDOR FOR THE CITY'S
ANNIVERSARY AND 4TH OF JULY CELEBRATION - 2006
For several years, the City has used Blash Shows to provide rides and carnival games
for the City's Anniversary and 411, of July Celebration at Rosemead Park.
This year the 4th of July falls on a Tuesday, because of this, the Contractor has indicated
that it is not feasible for them to operate Friday through Tuesday. Based on our past
experience the crowds are not sufficient to operate for four or five days when the 4th of
July falls in the middle of the week.
The Contractor has indicated that his flat fee for the one day operation would be
twenty-two thousand dollars 22,000.00). Over the past 2 years, the City has sold
wristbands so that participants can use them all day long for any and all of the rides.
We feel that we should be able to recoup most of the Contractor's cost.
As in the past, the City will have Community based agencies provide food or game
booth on the 41h of July as a form of a fundraiser for those groups.
RECOMMENDATION:
It is recommended that the City Council approve the one-day carnival and authorize
the Mayor to execute the Agreement with Blash Shows (attached).
COUNCIL AGENDA
2/28/06
Blash Memorandum/sb
Item No: IV - CC- C
TO: CITY MANAGER
FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIO
DATE: FEBRUARY 21, 2006
RE: ACQUISITION OF CARNIVAL RIDE VENDOR FOR THE CITY'S
ANNIVERSARY AND 4TH OF JULY CELEBRATION - 2006
For several years, the City has used Blash Shows to provide rides and carnival games
for the City's Anniversary and 4th of July Celebration at Rosemead Park.
This year the 4th of July falls on a Tuesday, because of this, the Contractor has indicated
that it is not feasible for them to operate Friday through Tuesday. Based on our past
experience the crowds are not sufficient to operate for four or five days when the 411, of
July falls in the middle of the week.
The Contractor has indicated that his flat fee for the one day operation would be
twenty-two thousand dollars 22,000.00). Over the past 2 years, the City has sold
wristbands so that participants can use them all day long for any and all of the rides.
We feel that we should be able to recoup most of the Contractor's cost.
As in the past, the City will have Community based agencies provide food or game
booth on the 401 of July as a form of a fundraiser for those groups.
RECOMMENDATION:
It is recommended that the City Council approve the one-day carnival and authorize
the Mayor to execute the Agreement with Blash Shows (attached).
Blash Memorandum/sb
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City of Rosemead
E
4TH OF JULY CELEBRATION
AGREEMENT - 2006
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 4, 2006, at 9:00 a.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 Tuesday, July 4, 2006, 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 dollars,
22,000.00) 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
($1,100.00), before April 1, 2006, and the remaining portion $ 20,900.00 on Tuesday, July
4, 2006.
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, dgmands, 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 is 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. Mayor, City of Rosemead
Bob Swartwood, President
12501 Verdugo Place
Chino, California 91710
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