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CC - Item 4B - Acquisition of Carnival Ride Vendor 4th of July0 MEMORANDUM 0 TO: BILL CROWE, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIOIN6� DATE: FEBRUARY 17, 2005 RE: ACQUISITION OF CARNIVAL RIDE VENDOR FOR THE CITY'S ANNIVERSARY AND 4TH OF JULY CELEBRATION - 2005 For a number of years the City has used Blash Shows to provide rides and carnival games for the City's Anniversary and 41h of July Celebration at Rosemead Park. Depending on what day the 41h of July falls on, the rides could be operational from 3 -5 days. Last year, Blash charged a flat fee of $ 25,000.00 for 3 days. The City collected $ 24,400 from the sale of ride tickets for the same period of time. This year Blash Shows is willing to operate the rides for 4 days, for a flat fee of twenty seven thousand dollars ($27,000). Based on last year's figures, the City should collect over $ 26,000 from ride ticket sales. As an aside, Blash Shows would again operate ten (10) game booths and a food concession wagon all four (4) days. As in the past, the City will have community-based agencies provide food and or game booths on the 4th of July as a form of a fundraiser for those groups. RECOMMENDATION: It is recommended that the City Council approve a four (4) day carnival, and authorize the Mayor to execute the Agreement with Blash Shows (attached). c�ur�c�t_ AG ��-11oA FEB 2 2 2005 ITEM 0 , C City of Rosemead C, 4TH OF TULY CELEBRATION AGREEMENT — 2005 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 a portion of Rosemead Park as described in Exhibit "A" and allow the OPERATOR a period of time as described in Exhibit "A" to set up and breakdown said rides. He is not to exceed the time listed on Exhibit "A ". 2) CITY shall permit OPERATOR and his personnel to habitat on the large ballfiield infield. OPERATOR is to supply his own utilities. booths. 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 5) CITY shall provide for inspection of rides at its cost. Rides will be inspected on Thursday, June 30, 2005, at 1:00 p.m. Page 1 0 0 0 0 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) Days and hours of operation shall be as indicated in Exhibit "A ". 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 CM 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. Page 2 0 0 0 0 15) CITY shall pay OPERATOR Twenty-Seven Thousand Dollars (27,000.00) 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 ($1,350), before April 1, 2005, and the remaining portion of twenty five thousand, six hundred and fifty dollars ($ 25,650) on Monday, July 4, 2005. 16) CITY staff will sell tickets /wristbands. CITY shall keep all proceeds made from the sale of ride tickets. 17) OPERATOR shall provide CM 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. Page 3 0 0 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 properly 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. Page 4 0 0 0 E 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 Ma y&, City of Rosemead Page 5 • s 1) EXHIBIT "A" 0 OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Wednesday, June 29, 2004 through Tuesday, July 5, 2005. 2) Days of carnival to be held Friday, July 1, 2005 - Monday, July 4, 2005. Hours on Friday, July 1, 2005 Hours on Saturday, July 2, 2005 Hours on Sunday, July 3, 2005 Hours on Monday, July 4, 2005 - 5:00 p.m. -10:00 p.m. - 12:00 noon -10:00 p.m. - 12:00 noon -10:00 p.m. - 12:00 noon -10:00 p.m. Tickets for rides are to be taken off sale on Monday, July 4, 2005, one hour before closing.