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2300 - Baque Bros Concessions - 4th of July Celebration Agreement City of Rosemead 4th OF JULY CELEBRATION AGREEMENT-2019 This Agreement is made between Baque Bros Concessions, a NWT 01/44 located at Rancho VONIO1 A herein referred to as OPERATOR and the City of Rosemead, a municipal corporation herein referred to as CITY pursuant to the following terms and conditions . NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1) The CITY desires to have a licensed bona fide Operator in good standing provide carnival rides, game booths and concessions for the 4th of July. 2) OPERATOR is a bone fide licensed and insured provider in good standing for carnival rides, game booth and concessions and desires to provide those services to the CITY. 3) CITY does hereby grant to the OPERATOR a license to utilize the large baseball field at Rosemead Park, a map of which is attached hereto as Exhibit B, and allow the OPERATOR a period of time to set up and breakdown said rides as further described herein. OPERATOR shall have access to the large baseball field at Rosemead Park beginning at 9:00 a.m. on Friday, June 28, 2019. . 4) CITY shall permit OPERATOR and his personnel to habitat on the infield of the large baseball field. OPERATOR is to supply his own utilities. 5) CITY shall have all permit fees waived that would normally be levied. 6) CITY shall have the right in its sole discretion to rent to Community organizations CITY booths. 7) CITY shall provide for inspection of rides at its cost. Rides will be 1 inspected on Wednesday, July 3, 2019, at 3:00 p.m. 8) 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. CITY will not release payment owed until the OPERATOR has passed the inspection by CITY staff and the Los Angeles County Fire Department. 9) The OPERATOR agrees to operate rides booths and concessions on Thursday, July 4, 2019, from noon until 10:00 p.m. CITY may withhold funds due OPERATOR should operator fail to operate rides booths and concessions for the full duration of said period. 10) CITY shall provide and maintain portable toilets at its expense for use by the general public. 11) OPERATOR shall obtain a County of Los Angeles Fire Department Permit by Thursday, June 20, 2019. 12) OPERATOR shall provide an operational plan and proposed ride costs to CITY for approval. 13) 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 booth concessions. A list of the agreed to rides is attached hereto as Exhibit A 14) OPERATOR will provide one (1) food concession wagon. Items sold will be snow-cones, popcorn, hot dogs, corn dogs, cotton candy, nachos, candy, drinks and churros. OPERATOR will keep all revenue from such food sales. 2 15) OPERATOR shall provide staff and ten (10) game concessions. OPERATOR will keep all revenue resulting from such game concessions. 16) OPERATOR shall provide an ATM machine at no additional charge. OPERATOR will keep all revenue resulting from ATM use. 17) 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. 18) OPERATOR will furnish CITY with 100 posters for event promotion. 19) 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 provided it abides by the terms of the Agreement. CITY will pay OPERATOR a five percent deposit ($1,350.00) before April 25, 2019, and the remaining portion of $25,650.00 on Thursday, July 4, 2019. 20) 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. 21) OPERATOR shall provide CITY with ticket selling booth without charge to CITY, for each of the days of operation. 22) 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 3 safety and protection. CITY may withhold funds due OPERATOR should operator not fully comply with such laws and/ or requirements. 23) A. OPERATOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. B. If applicable to meet limit requirements, OPERATOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; and Policies shall "follow form" to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies. Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. C. OPERATOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). OPERATOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers. 4 D. OPERATOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the OPERATOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. E. OPERATOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. Primary/non-contributing. Coverage provided by OPERATOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured. Duration of coverage. OPERATOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Vendor, his agents, representatives, employees or subconsultants. 5 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow OPERATOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. OPERATOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the OPERATOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the OPERATOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Notice of cancellation. OPERATOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 6 24) OPERATOR shall not sell or distribute any alcoholic beverages within or around the Park. 25) 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. 26) A. OPERATOR shall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents ("CITY indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the OPERATOR'S performance of its obligations under this agreement or out of the operations conducted by OPERATOR, including the CITY'S active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITY indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from OPERATOR's performance of this agreement the OPERATOR shall provide a defense to the CITY indemnitees or at the CITY'S option reimburse the CITY indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims. 27) 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. 7 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. ja9t Baque Bros oncessionGloria Molleda, City Manager Gerald Baque, Owner City of Rosemead P.O. Box 2417 Rancho Cucamonga Ca Dated: (V(C? / ( Dated: 24. 8 13AQUE 13ROS CONCESSIONS RIDE LIST ROSEMEAD PARK JULY 4, 2019 NAME OF RIDE C-NUMBER CLASS 1 MEGA LOOP C-13368 MAJOR 2 ROUND UP C-17275 MAJOR 3 SCOOTER C-13419 MAJOR 4 SIZZLER C-13255 MAJOR s SWINGER C-04891 MAJOR 6 SPIN THE APPLE C-17300 MINOR 7 CLATTERPILLAR C-12556 MINOR 8 BUMBLE BEES C-07139 MINOR 9 PIRATES REVENGE C-18442 MINOR 10 TOON CARS C-17577 MINOR 11 FUNHOUSE NON/MECH MINOR City of Rosemead 4TH OF TULY 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. 4 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 os ncessions Gerald Baque, Owner P.O. Box 2417 Rancho Cucamonga Ca 4 i6w Jef ry Allred, City anager City of Rosemead Dated: 4/( Dated: / Client#: 644 BAQUEBRO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) TYPE OFINSURANCE 3/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Haas & Wilkerson Insurance HONE 432 -4400 FAX 4300 Shawnee Mission Parkway E>a:913 (AIC, No EMAIL Fairway, KS 66205 ADDRESS: MED EXP (Any one person) $Excluded 913432-4400 INSURER(S)AFFOROING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 $10,000,000 INSURED INSURERa: Star Insurance Company 18023 Ba Bros Concessions Inc. PO Box 2417 INSURERC: Rancho Cucamonga, CA 91729 -2417 INSURER D: COMBINED SINGLE LIMIT Ea accident) $ BODILY INJURY (Per person) INSURER E: J I NSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE NSR =0 POLICY NUMBER MMIDOYEFF MMIDDDY�Y LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F X OCCUR G23978428 D212412016 021241201 EACH OCCURRENCE $1,000,000 DA GE TO ENTED PR ISES - aoccunence $100,00D MED EXP (Any one person) $Excluded PERSONAL &ADV INJURY $1,000,000 GENERALAGGREGATE $10,000,000 GEN'L AGO REGATELIMIT APPLIES PER: X POLICY PRO LOC JECT PRODUCTS - COMP /OP AGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS ANUTN OS O-OVr7JED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident) $ BODILY INJURY (Per person) $ J (Per accident) $ PROPERTY DA PROPETY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER /EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) if yes, describe under DESCRIPTION OF OPERATIONS below N/A AI^ . ^ v66Yi 899 4101/2016 04/011201 X WCSTATU- OTH- MLT. E.L. EACHACCIDENT: $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS l VEHICLES (Attach ACORD 101, Additional Remarks Schedtde, If more space Is required) Additional Insured: City of Rosemead, CA Workers' Compensation coverage applies to the statutory requirements of the state of California. City f Rosemead CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8838 E. Valley Boulevard ACCORDANCE WITH THE POLICY PROVISIONS. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S252622/M248810 SALAK POLICY NUMBER: CS0259287701 COMMERCIAL GENERAL LIABILITY CG 20 1104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESS ORS OF • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): STREET FAIR Name Of Person(s) Or Organization(s) (Additional Insured): CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES, 8838 VALLEY BLVD. Additional Premium: I nformation 1714 shown above, will be shown in the Declarations. A. Section II — Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises, 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and [K�I!Ztfi[ +LSK3 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 City of Rosemead 4TH OF JULY CELEBRATION AGREEMENT- 2015 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 Monday,June 29,2015. 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. 1 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. 2 15) CITY shall pay OPERATOR, a flat fee of twenty-four thousand nine hundred and fifty dollars, ($24,950.00)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 ($1,247.50) before April 1, 2015, and the remaining portion of $23,702.50 on Saturday,July 4, 2015. 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 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. 3 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. 4 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. �} 4ffc,Baque Brow ones ons Jeff Allred,City ger Gerald Baque, Owner City of Rosemead P.O. Box 2417 Rancho Cucamonga Ca Dated: 3/4 I f Dated: .57(2/ S 5 iss- City of Rosemead 4TH OF LULY CELEBRATION AGREEMENT - 2013 This Agreement is made between Baque Bros Concessions, herein 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 (1( 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 HEREBYAGREE AS FOLLOWS: 1) CITY does hereby grant to the OPERATOR a license to utilize the lare 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 Monday, July 1, 2013. 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 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 Wednesday, July 3, 2013, at 3:00 p.m. 6) CITY shall provide trash dumpsters for OPERATOR at CITY'S OPERATOR shall have the responsibility to pick up the trash in ride area and dispose it in a trash dumpster. 7) The OPERATOR agrees to operate rides and concessions on Thursday, July 4, 2013, 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 De 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 to CITY for approval. 10) OPERATOR shall provide ten (10) rides by CITY. The OPERATOR shall provide all staff, power, equipment, supplies, etc. to operate the 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 -four thousand nine hundred and fifty dollars, ($ 24,950.00) for OPERATOR to provide and run 10 rides, c (1) food concession booth and ten (10) game concessions. CITY will pay OPERATOR five percent deposit ($1,247.50) before April 1, 2013, and the remaining portion of $23,702.50 on Thursday,. July 4, 2013. 16) CITY will have exclusive rights to sell wristbands and tickets for 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 cic 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 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 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 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 or death of any person or persons, including property and employees or agents of Cl' and shall defend, indemnify and save harmless CITY, its officers, and employees, froi 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, resulti 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 ti or death of any person or persons, including property and employees or agents of CIT 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, resultir from or arising out of the intentional or malicious acts of OPERATOR, its employees u 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 wa and means by which OPERATOR performs its duties under this Agreement. This document constitutes the entire Agreement of the parties and supersedes any 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. El 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 signator have the authority to execute this agreement on behalf of the principals they purport represent. , < 4A ollv-� Baque B os Concess' ns fry A lred, City Manager Gerald Baque, Owner City of Rosemead P.O. Box 2417 Rancho Cucamonga Ca Dated: 3 /Z 2; Dated: 1/-7 rlionf$- Sd79 JABLASHS ACORDTa CERTIFICATE OF LIABILITY INSURANCE 11K_ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, DA 3/101!20112 012 OwyryY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - Haas & Wilkerson Insurance CONTACT NAME: PHONE 913 432 -4400 FAX EMAIL ADDRESS: 4300 Shawnee Mission Parkway Fairway KS 66205 INSURER(S) AFFORDING COVERAGE NAIC# 913432 -4400 INSURER A; ACE American Insurance Company 22667 INSURED J.A. Blash Shows Inc dba Swartwood Amusement Company 12501 Verdugo Place Chino, CA 91710 - INSURERS: Star Insurance Company 18023 INSURER C INSURER D: INSURER E INSURER F $Excluded rnVPIRAnFC CFRTIFICATF NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR VIVO POLICY NUMBER POLICY EFF MMIDD/YYVY POLICY EXP MMIDDIYYYY LIMBS A GENERALLIABILITY G23976729 0310712012 0310712013 EACH OCCURRE $1,000,000 PREMI EeaNcu°nce $100000 X COMMERCIAL GENERALUABILITY MED EXP(Any one person) $Excluded CLAIMS -MADE OCCUR PERSONALS ADV INJURY $1,000,000 I -- -- r (' GENERAL AGGREGATE $10,000,000 F+ ), l � I ._ —I 1 -) GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OPAGG $2,000,000 $ X POLICY JEG LOC I AUTOMOBILE LIABILITY y� ,q ry I i M Fl� U 5 1 1 L COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Par person) $ ANY AUTO 1 "• BODILY INJURY(Pereccidcnl) $ ALL OWNED SCHEDULED I t - -- _, ( AUTOS AUTOS NON -OWNED t y y jvr Il. �. EKP S V, �51 d� LL OPERTY DAMAGE PR per accitlent $ HIRED AUTOS AUTOS jj $ UMBRELLA LIAB OCCUR EACH OCCURRENC $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ B WORKERSCOMPENSATION ' ----- - - - -- - _- WCO668099 04/01/201204/01/2013'X WORVTLT OTH- MIT AND EMPLOYERS' OABILnY Y/N E L. EACH ACCIDENT $1,000,000 ANY PROPRIETORMARTNEWEXECUTIVE E.L. DISEASE -EA EMPLOYEE $1 000,000 OFFICERIMEMBER EXCLUDEDY NIA (Mandatory In NH) EL DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Additional Insured: City of Rosemead, CA SEE ATTACHED HOLD HARMLESS ENDORSEMENT Workers' Compensation coverage applies to the statutory requirements of the state of California Dates: July 1 -5, 2012 City of Rosemead CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8838 E. Valley Boulevard ACCORDANCE WITH THE POLICY PROVISIONS. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE Ego ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S707326/M106492 SALAK Client Name: J.A. Blash Shows Inc dba Swartwood Amusement Company Policy Number: 623976729 Effective Date: 03/07/2012 Expiration Date: 03/07/2012 HOLD HARMLESS For the purposes of Contractual Liability Coverages under this policy, the following Indemnification Agreement is recited as required under contract with the City of Rosemead, CA. dated 03/07/2012. J.A. Blash Shows Inc dba Swartwood Amusement Company agrees to indemnify and Hold Harmless the City of Rosemead, CA from any and all claims arising out of the negligence of the Insured's operation. The above recited Indemnification wording does not Amend, Extend or Alter the coverage afforded by this policy. Notwithstanding any requirement, term or condition of any contract or document to which this endorsement may pertain, the insurance afforded by this policy is subject to all terms, exclusions and conditions of this policy. City of Rosemead 4TH OF LULY CELEBRATION AGREEMENT — 2011 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 Saturday, July 2, 2011, at 1:00 p.m. Page 1 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 Monday, July 4, 2011, 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. 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 CITY with 100 posters. Page 2 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, 2011, and the remaining portion $ 22,325.00 on Monday, July 4, 2011. 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 day 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 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. Page 4 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. SI sh Shows, Inc. Bob Swartwood, President 12501 Verdugo Place City' anager, City of R semead Chino, California 91710 Page 5 EXHIBIT "A" 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Tuesday, June 28, 2011. 2) Days of carnival to be held Monday, July 4, 2011. Hours on Monday, July 4, 2011 -12:00 noon -10:00 p.m.. Tickets for rides are to be taken off sale on Saturday, July 4, 2011, one -half hour before closing. City of Rosemead 4 OF JULY CELEBRATION AGREEMENT— 2010 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 Thursday, July 1, 2010, at 1:00p.m. Page 1 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 Saturday, July 3, 2010, 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 CITYwith 100 posters. Page 2 t 9, 15) CITY shall pay OPERATOR, a flat fee of twenty -two 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, 2010, and the remaining portion $ 22,325.00 on Saturday, July 3, 2010. 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. Page 3 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. Page 4 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Tuesday, June 30, 2010. 2) Days of carnival to be held Saturday, July 3, 2010. Hours on Friday, July 3, 2010 - 12:00 noon — 10:00 p.m. Tickets for rides are to be taken off sale on Saturday, July 3, 2010, one -half hour before closing. 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: 9 6 ' J.A. Blash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 -: W1 _.- Page 5 EXHIBIT "A" rre.,rx. 9,171 IARI ARIAS ACORD CERTIFICATE OF LIABILITY INSURANCE 3;0;,'201 Y' PRODUCER Haas & Wilkerson Insurance 4300 Shawnee Mission Parkway Y Fairway, KS 66205 913 432 -4400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE OLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC N INSURED J.A. Blash Shows Inc dba Swartwood Amusement Company 12501 Verdugo Place Chino, CA 91710 INSURERA: ACE A merican Insurance Co 22667 _ INSURER B: LWRS INSURERC: A wsuRER o: GENERAL LIABILITY INSURERS 03/67/16 THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WFFH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R POUCYEFFECTIVE POLIGYEXPIRATION N TYPE OF INSURANCE POLICY NUMBER DATE DD M DATE MIOD LWRS A GENERAL LIABILITY G23976729 03/67/16 03107111 EACH OCCURRENCE 51,000,000 DAMAGETORENTED 5100666 X LOMMERCIALGENERALLABILITY MEDEAP(na .M.) $Excluded CLAIMSMADE FX OCCUR PERSONALEADVINJURY 51 666 000 GENERALAGGREGATE $10.000.000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG $2000000 7 X POLICY " LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Eaaa+Eert) S BODILY MURY (Pa paean) — e ALL OWNED AUTOS SCHEDULEDAUTOS BODILY BUURY (Pa emdatl) S HIREDAUTOS NON-0 ED AUTOS PROPERTY DAMAGE (PA 9CGtlBK) S GARAGE LIABILITY AUTO ONLY. EA ACCIDENT f OTHER THAN EAACC S ANY AUTO f AUTO ONLV: qGG E%CESSUMBRELLA LABILITY EACH OCCURRENCE E AGGREGATE S OCCUR EI CLAIMSLADE S S DEDUCTIBLE 5 RETENTION $ WL STATLL O WORKERS COMPENSATION AND El. EACH ACCIDENT 5 EMPLOYERS ANY %ECUTNE NBER E %LLUDEm OFFICEFV�� EXCI-U EL DISEASE - EA EMPLOYEE f El. DISEASE POLICY LIMIT E If Tn, EescrLe uWa SPECIAL PROVISIONS Wow OTHER OESCRPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Additional Insured: City of Rosemead, CA SEE ATTACHED HOLD HARMLESS ENDORSEMENT City of Rosemead, CA 8838 E. Valley Boulevard Rosemead, CA 91770 ACORO 25 (2001108) 1 of 2 1RS42948/M42735 I ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1n DAYS WRITTEN TO THE CERTIFICATE HOLDER HAYED TO THE LEFT, BUT FAILURE TO DO SO SHALL NO OBLIGATION OR LIABILITY OF ANY FIND UPON THE INSURER ITS AGENTS OR SALAK 0 ACORD CORPORATION 1988 Client Name: J.A. Blash Shows Inc dba Swartwood Amusement Company Policy Number: G23976729 Effective Date: 03/07/10 Expiration Date: 03/07/11 HOLD HARMLESS For the purposes of Contractual Liability Coverages under this policy, the following Indemnification Agreement is recited as required under contract with the City of Rosemead, CA. dated 03/07/10. J.A. Blash Shows Inc dba Swartwood Amusement Company agrees to indemnify and Hold Harmless the City of Rosemead, CA from any and all claims arising out of the negligence of the Insured's operation. The above recited Indemnification wording does not Amend, Extend or Alter the coverage afforded by this policy. Notwithstanding any requirement, term or condition of any contract or document to which this endorsement may pertain, the insurance afforded by this policy is subject to all terms, exclusions and conditions of this policy. City of Rosemead 4 OF JULY CELEBRATION AGREEMENT — 2009 This Agreement is made and entered into 10` 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. Page 1 of 6 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. 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 CITYwith 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. Page 2 of 6 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, Page 3 of 6 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.) Page 4 of 6 CITY OF ROSEMEAD Fk m klk j '�i m m mmm Attest: 4 . CA 1� C, Gloria Molleda City Clerk Approved as to J.A. BLASH SHOWS, INC. By w O Bob Swartwood, President J.A. Blash Shows, Inc. 12501 Verdugo Place Chino California 91710 Date: �% /� Page 5 of 6 Date: X4 /'1 JD 9 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. Page 6 of 6 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGERg.: DATE: MARCH 10, 2009 SUBJECT: APPROVAL OF AGREEMENT WITH J.A. BLASH SHOWS, INC. FOR AMUSEMENT RIDES AND GAME BOOTHS FOR 4 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 4 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. tted Q IMERY -SCOTT and Recreation Attachment A: 4'" of July Celebration Agreement_- 2009 APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: �— 0 0 Cit of Rosemead 4TH OF TULY CELEBRATION AGREEMENT — 2008 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 Thursday, July 3, 2008, at 1:00 p.m. Page 1 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 Friday, July 4, 2008, 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. Page 2 E 15) CITY shall pay OPERATOR, a flat fee of twenty-two 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, 2008, and the remaining portion $ 22,325.00 on Friday, July 4, 2008. 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. 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 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. ESM 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: )�ri6. /a �2w /A l� J.A. Blash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 TRAM, 'MAYOR OF ROSEMEAD Page 5 • EXHIBIT "A" 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Wednesday, July 2 2008. 2) Days of carnival to be held Friday, July 4, 2008. Hours on Friday, July 4, 2008 - 12:00 noon -10:00 p.m. Tickets for rides are to be taken off sale on Friday, July 4, 2008, one -half hour before closing. City of.Rosemead 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. I 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 HEREBYAGREE 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. Page 1 6) CITY shall provide trash dumpst(irs 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. Page 2 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. Page 3 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. Page 4 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. � .�' � L ✓J" Bob Swartwood Mayor ty of Rosem d 12501 Verdugo Place Chino, California 91710 Page 5 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. s U 0 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. J' •. 0 . J J.A. Blash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 Mayor t of Rosem d Page 5 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04 -01 -2006 GROUP: POLICY NUMBER: 1379913 -2006 CERTIFICATE ID: 141 CERTIFICATE -EXPIRES: 04 -01 -2007 04 -01- 2006/04 -01 -2007 STATE LICENSE BOARD SJ 8838 EAST VALLEY BOULEVARD ROSEMEAD CA 91770 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. � t ORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LUCINDA J. SWARTWOOD, SEC,TRES - EXCLUDED. ENDORSEMENT #1600 - ROBERT E. SWARTWOOD, FIRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -01 -1997 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER J.A. BLASH SHOWS, INC. DBA: SWARTWOOD SJ AMUSEMENT COMPANY 12501 VERDUGO PL CHINO CA 91710 Sul M0408 IREV.2 -051 - PRINTED : 03 -18 -2006 City of Rosemead 47H OF [ULY 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 HEREBYAGREE 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. Page 1 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 garde 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 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 goverrLmental 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 witl-hold funds due OPERATOR to cover property damages. Page 3 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 t 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. Page 4 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: ,?/ /w '�W-4 le J.A. Blash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 J� ayor, City of Rctemead Page 5 A X RD ,. CERTIFICATE OF LIABILITY INSURANCE D AM 6' PRODUCER All led Specialty of Texas 85 N.E. Loop 410 Suite 600 San Antonio, TX 78216 800/235 -8774 - - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,'EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC# INSURED J.A. Blash Shows,, Inc. dba Swartwood Amusement Company ETAL 12501 Verdugo Place Chino CA 9171 INSURERA,T. Insurance Com pany A INSURER B: GENERAL X INSURER C: M6MT9199 INSURER D: 03/07/07 INSURER E'. S 1, 000, 000 Ar_cc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR iVIAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L - TYPrnrimsumurz POLICY NUMBER POLICY EFFECTWE I POLICY E %PIRANON LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE II OCCUR M6MT9199 03/07/06 03/07/07 EACH OCCURRENCE S 1, 000, 000 PREMSES(E Dw1 $ 50, 000 MED EXP An one mn $ PERSONALBADV INJURY $ 1 , 000, 000 GENERAL AGGREGATE $ 10 , 000, 000 GEN'LAGGREGATE LIMITAPPLIES PER POLICY PRo- n LOC PRODUCTS- COMPADPAGG $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO MISMT9199 03/07/06 03/07/07 COMBINED SINGLE LIMIT (Ea emldem) $, 1,0 00,000 BODILY INJURY (Perpefeon) - :. S ALL OWNED AUTOS SCHEDULED AUTOS - X X BODILY INJURY (Per accieenq $ HIREDAUTOS NONOWNEDAUrOS X PROPERTY DAMAGE (Peramdent) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG E %CESSIUMBRELLA LIABILITY X OCCUR F7 CLAIMS MADE M6XT9200 03/07/ 03/07/ EACH OCCURRENCE $ 1, 000, 000 AGGREGATE S 1, 000 000 S DEDUCTIBLE M6XT9201 03/07/06 03 /07 /07EACH OCCUR. S 3 , 000, 000 ( AGGREGATE s 3, 000,000 RETENTION S WORKERS COMPENSATION AND IO Y.CSTATU- I 1 � [ EA CH ACCIDENT S EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER /MEMBER EXCLUDED? E.L. DISEASE - FA EMPL OLICY S L OY M EE E.L. DISAS- PIIT EE _ $ (ye e, 0 Un I I tlef I I � OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Effective from 3/07/06 through 3/07/07 ADDITIONAL INSURED WITH RESPECTS TO OPERATIONS OF THE NAMED INSURED: CITY OF ROSEMEAD, CALIFORNIA ATTN: MONDAY 8838 EAST VALLEY BLVD. ROSEMEAD, CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR n ArnDLY Y`TTDDPIDATInW HORP r • . e CERTIFICATE OF INSURANCE ATTACHMENT FOR J.A. BLASH SHOWS, INC. DBA SWARTWOOD AMUSEMENT COMPANY POLICY #M6MT9199 HOLD HARMLESS For the purpose of contractual liability coverage under this policy the following indemnification agreement is recited as required under contract with J.A. Blash Shows, Inc. dated March 7, 2006 to March 7, 2007. J.A. Blash Shows, Inc. agrees to indemnify and hold harmless the City of Rosemead, California from any and all claims arising out of the negligence of the insured's operation for the dates of March 7, 2006 to March 7, 2007. The above recited indemnification wording does not amend, extend, or alter the coverage afforded by this policy. Notwithstanding any requirement, term or condition of any contract or document to which this endorsement may pertain, the insurance afforded by this policy is subject to all terms, exclusions and conditions of this policy. In the event of cancellation or of a material change in this coverage, a thirty (30) day advance notice of such cancellation or change will be given to the additional insured at the address stated on the certificate of insurance. YA. Blash Shows, Inc. dba Swartwood Amusement Company Dat Cit of R osemead 4T 11 OF [LILY 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 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 Thursday, June 30, 2005, at 1:00 p.m. Page 1 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 ". S) 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. Page 2 15) CITY shall pay OPERATOR Twenty -Seven Thousand Dollars (27,000.00) for OPERATOR to provide and run 1.0 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 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) OPERA TOR 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 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 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 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. J.A. Blash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 V - r, City of Page 5 EXHIBIT "A" 1) 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. lt d �D City of Rosemead 4TH OF T ULY 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 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 Thursday, June 30, 2005, at 1:00 p.m. -Page 1 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 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. Page 2 15) CITY shall pay OPERATOR Twenty-Seven Thousand Dollars (27,000.00) for OPERATOR to provide and run 1.0 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 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. Page 3 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 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. 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 Page 5 EXHIBIT "A 1) 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 - 5:00 P.M. -10:00 P.M. Hours on Saturday, July 2, 2005 - 12:00 noon - 10:00 p.m. Hours on Sunday, July 3, 2005 - 12:00 noon -10:00 p.m. Hours on Monday, July 4, 2005 - 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. �b �o P City of Rosemead 4TH OF JULY CELEBRATION AGREEMENT — 2004 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 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 Thursday, July 1, 2004, at 12:00 p.m. Page 1 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 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. Page 2 15) CITY shall pay OPERATOR Twenty-Five Thousand Dollars (25,000.00) 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 ($1,250), before April 1,2 004, and the remaining portion of twenty three thousand, seven hundred and fifty dollars ($ 23,750) on Sunday, July 4, 2004. 16) CITY staff will sell tickets. 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. Page 3 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 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 EXHIBIT "A" 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Wednesday, June 30, 2004 through Monday, July 5, 2004. 2) Days of carnival to be held Friday, July 2, 2004 - Monday, July 5, 2004. Hours on Friday, July 2, 2004 - 5:00 p.m. - 1.0:00 p.m. Hours on Saturday, July 3, 2004 - 12:00 noon -10:00 p.m. Hours on Sunday, July 4, 2004 - 12:00 noon -10:00 p.m. Tickets for rides are to be taken off sale on Sunday, July 4, 2004, one hour before closing. 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: G J. A. Wash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 Page 5 4TH OF [ULY CELEBRATION AGREEMENT - 2003 This Agreement is made between J.A. Iilash 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 ( "l) 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 HEREBYA ;REE AS FOLLOWS: 7.) CITYdoes 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. I-Ie is not to exceed the time listed on Exhibit "A ". 2) CITY shall permit OPERATOR and his personnel to habitat on the large ball field infield. OPERATOR is to supp'.y 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 3, 2003, at 12:00 p.m. G) 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 to the general public. 9) OPERATOR shall provide an operational plan and proposed ride cost to CITY for approval. 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a clay. Items sold will be sno- cones, popcorn, hot dogs, pizza bread, cotton candy, drinks, corn dogs and churros. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 43) All rides shall be in good condition. All rides shall have proper and current State and other Agency's certificates and permits. 14) OPERA'T'OR will furnish CITY with 100 posters and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A "..Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty -five percent (25 %) of the first twenty thousand dollars ($ 20,000.00) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount sold in excess of twenty thousand dollars ($ 20,000.00). 17) CITY staff will sell tickets. At the close of each day (evening,) sales /percentages will be determined. CITYshall pay operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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 ;igencies 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. 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) Of 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 Line OPERATOR to cover properly 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 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 of any kind or natw•e, 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 properly 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 clocumentconstitutes 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, an agree to be bound thereby, and that the signatories have the authority to execute this agreement on behalf of the principals they purpose to - represent. Dated: J.A. h'lash Shows, Inc. Mayor, i y of Rosen Bob Swartwood, President 1250 -1 Verdugo Place Chino, California 91.710 4 EXHIBIT "A" "2003" 2) 3) 4) 5) OPERATOR shall have access to set up on Rosemead Park Large Baseball Pield, from 9:00 a.m. on Monday, June 30, 2003 through Monday, July 7, 2003. Days of carnival to be held Thursday, July 3, 2003 - Sunday, Jul 6, 2003. Hours on Thursday, July 3, 2003 - 5:00 p.m. - 1.0:00 p.m. Hours on Friday, July 4, 2003 - "12:00 p.m. - 11:00 p.m. Hours on Saturday, July 5, 2003 - 2:00 p.m. - 1.0:00 p.m. Hours on Sunday, July 6, 2003 - 2:00 p.m. - 9:00 p.m. Tickets for rides are to be taken off sale on Sunday, July 6, 2003, one hour before closing. . CITY will receive 25% of the first $ 20,000.00 of revenue from sale of ride tickets and 30% of all amounts exceeding $ 20,000.00. OPERATOR will pay CITY $ 50.00 a day for I (one) food concession wagon. OPERATOR will also pay CITY $ 25.00 a day for each game concession. Aerator Date. 4 TH OF JULY CELEBRATION AGREEMENT-2002 This Agreement is made between J.A. Blush Shores, 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 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 Wednesday, July 3, 2002, at 12:00 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. 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 CITY for approval. 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno- cones, popcorn, hot dogs, pizza bread, cotton candy, drinks, corn dogs and chuffos. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty -five percent (25 %) of the first twenty thousand dollars ($ 20,000.00) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount not sold in excess of twenty thousand dollars ($ 20,000.00). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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 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 CI77 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 C17Y 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 C177, and shall defend, indemnify and save harmless C177,.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 ofOP1:1ZATOR, its employees or subcontractors. 23) OPERATOR is - an independent contractor and is not an employee of the CITY. OPERA'T'OR recognizes that the C177 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. 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 or, City ofRosem ad EXHIBIT "A " 2) 3) 4) 5) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Monday, July 1, 2002 through Sunday, July 7, 2002. Days of carnival to be held Friday, June 29, 2002 — Monday, July 2, 2002. Hours on Thursday, July 4, 2002 Hours on Friday, July 5, 2002 Hours on Saturday, July 6, 2002 Hours on Sunday, July 7 2002 - 12:00 noon — 10:00 p.m. - 5:00 p.m. — 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 Saturday, July 6, 2002, one hour before closing. CITY will receive 25% of the first $ 20,000.00 of revenue from sale of ride tickets and 30% of all amounts exceeding $ 20,000.00. OPERATOR will pay CITY $ 50.00 a day for 1 (one) food concession wagon. OPERATOR will also pay CITY $ 25.00 a day for each game concession. 05/29/2002 13:55 MAY. - 28' 02 (TU- ( 10 00 03I b� 9096294174 CITY OF ROSEMBI) JA_HLASH SHOWS TEL :626 -301 -9218 EXHIBIT "A" 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Monday, July 1, 2002 through Sunday, July 7, 2002. 2) Days of carnival to be held Thursday, July 4, 2002 - Sunday, July 7, 2002. Hours on Thursday, July 4, 2002 12:00 noon - 10:00 p m Hours on Friday, July 5, 2002 5:00 p:m. - 10:00 p.m. Hours on Saturday, July 6, 2002 . 2:00 p.m. - 10:00 p.m Hours on Sunday, July 7, 2002 2:00 p.m. - 10.00 p.m. Tickets for rides are to be taken off sale on Sunday, July 7, 2002, one hour before closing. 3) C177 will receive 25% of the first S 20,000.00 of revenue from sale of ride tickets and 30% of all amounts exceeding S 20,000.00. 4) OPERATOR will pay CITY S 50.00 a day for 1 (one) food concession wagon. 5) OPERATOR will also pay CITY S 25.00 a day for each game concession. Operator Date PAGE 02 p- 002 1 ,4 4 TH OF JUL Y CELEBRA TION AGREEMENT - 2001 This Agreement is made between J.A. I31ash 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 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 Thursday, June 28, 2001, at 12:00 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. 7) Days and hours of operation shall be as indicated in Exhibit "A ". 8) C177Y 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 and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno- cones, popcorn, hot dogs, pizza bread, cotton candy, drinks and churros. Co "N'AJ 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 CITYwith 100 posters and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit 'W'. Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty -five percent (25 %) of the first twenty thousand dollars ($ 20,000.00) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount not sold in excess of twenty thousand dollars ($ 20,000.00). 17) C17Y staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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 anv 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 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, 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. 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 May V, City of Rosemead (14/05/0e 06: FAX E"IBIT "A" 1) OPERATOR shall have access to set upon Rosemead Park Large Baseball Field, from 9:00 a.m. on Tlmursday, June 28, 2001 through Monday, July 2, 2001. 2) Days of carnival to be held Friday, June 29, 2001 — Monday, July 2, 200). Hours on Friday, Junc 29, 2001 - 5:00 p.m. — 10 :00 p,m. Hours on Saturday, June 30, 2001 - 12:00 noon — 10:00 p.m. Hours on Sunday, July 1, 2001 - 12:00 noon — 10:00 p.m. Hours on Monday, July 2, 2001 - 5:00 p.m. — 10:00 p.m. Tickets for tides are to he taken off sale on Saturday, June 30, 2001, one hour before closing. 3) CIIYwill receive 25 °/n of the first S 20,000.00 of revenue from sale of ride tickets and 30 0 /6 of all amounts exceeding S 20,000.00. 4) OPERATOR will pay CITY S 50.00 a day for 1 (one) food concession wagon. 5) OPERATOR will also pay CI77 - S 25.00 a day for each game concession. Q01 ACORD CERTIFICATE CIF LIABILITY INSURANCE DATE IMM, /o1 z /os /01 PRODUCER 913- 432 -4400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Haas and Wilkerson, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 2946 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Shawnee Mission, KS 66201 -2946 COMPANY A Ace American Insurance Co INSURED COMPANY B J A Blash Shows Inc COMPANY 12501 Verdugo Place O Chino CA 91710 COMPANY D .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM /DD /YY) POLICY EXPIRATION DATE IMM/DD/YYI LIMITS A GENERAL LIABILITY G18202049 2/01/01 2/01/02 GENERAL AGGREGATE $ 10000000 X PRODUCTS - COMP /OP AGG $ 1000000 COM MERCIAL GENERAL LIABILITY CLAIMS MADE F—X1 OCCUR PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person! $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY IPer ac idsntl $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: - ANY AUTO EACH ACCIDENT 5 AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE 5 AGGREGATE $ UMBRELLA FORM I OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC STATU- OTH TORY I WITS ER EL EACH ACCIDENT s EMPLOYERS' LIABILITY THE PROPRIETOR/ n INCL EL DISEASE - POLICY LIMIT 5 PARTNERS /EXECUTIVE OFFICERS ARE E %CL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS See Attachment CERTIFICATE HOLDER ,. .. .. CANCELLATION ,. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Rosemead, California EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Monday 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 8838 E. Valley Blvd. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Rosemead, CA 91770 OF ANY IND UPON THE CO PANY, ITS AGENTS OR REPRESENTATIVES. AUTH 1 ES TIVE ACOHO 26-$:4119 4.49!:: < 9AGOBpCORPORATION 19881; CERTIFICATE OF INSURANCE ATTACHEMENT FOR J A Blash Shows Inc. Policy #G18202049 HOLD HARMLESS For the purpose of contractual liability coverage under this policy, the following indemnification agreement is recited as required under contract with J.A. Blash Shows, Inc. dated February 1, 2001 to February 1, 2002. J.A. Blash Shows, Inc. agrees to indemnify and hold harmless the City of Rosemead, California from any and all claims arising out of the negligence of the insured's operation for the dates of February 1, 2001 to February 1, 2002. The above recited indemnification wording does not amend, extend, or alter the coverage afforded by this policy. Notwithstanding any requirement, term or condition of any contract or document to which this endorsement may pertain, the insurance afforded by this policy is subject to all terms, exclusions and conditions of this policy. In the event of cancellation or of a material change in this coverage, a thirty (30) day advance notice of such cancellation or change will be given to the additional insured at the address stated on the certificate of insurance. 4 TH OF JULY CELEBRATION AGREEMENT-2000 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 HEREBYAGREE 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 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 Thursday, June 29, 2000, at 12:00 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. 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 CITY for approval. 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno- cones, popcom, hot dogs, pizza bread, cotton candy, drinks and churros. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 CITYwith 100 posters and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty -five percent (25 %) of the first twenty thousand dollars ($ 20,000.00) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount not sold in excess of twenty thousand dollars ($ 20,000.00). 17) CITY staff will sell tickets. At the close of each day (evening) sales/percentages will be determined. CITY shall pay operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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 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, 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. 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 EXHIBIT "A" 1) 2) 3) 4) 5) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Monday, June 26, 2000 through 12:00 noon on Wednesday, July 5, 2000. Days of carnival to be held Friday, June 30, 2000 — Tuesday, July 4, 2000. Hours on Friday, June 30, 2000 Hours on Saturday, July 1, 2000 Hours on Sunday, July 2, 2000 Hours on Monday, July 3, 2000 Hours on Tuesday, July 4, 2000 - 5:00 p.m. — 10:00 p.m. - 12:00 noon — 10:00 p.m. - 12:00 noon — 10:00 p.m. - 5:00 p.m. — 10:00 p.m. - 12:00 p.m. — 10:00 p.m. Tickets for rides are to be taken off sale on Tuesday, July 4, 2000, one hour before closing. CITY will receive 25% of the first $ 20,000.00 of revenue from sale of ride tickets and 30% of all amounts exceeding $ 20,000.00. OPERATOR will pay CITY $ 50.00 a day for 1 (one) food concession wagon. OPERATOR will also pay CITY $ 25.00 a day for each game concession. 4TH OF JULY CARNIVAL AGREEMENT -1999 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 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 Thursday, July 1, 1999, at 12:00 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. 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 CITY for approval. -1- 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $- 50..00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy, drinks and churros. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25 %) of the first twenty thousand dollars ($ 20,000) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount sold in excess of twenty thousand dollars ($ 20,000). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay to operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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. -2- 19) ol..%RATOR shall name the CITY and any other agencies City deems appropriate as an also insured for one or more policies of insurance aqc.nst risk of ;.lublic liability and property damage in the amount of at :.east $ 1,000,000.00. The Certificate must contain the following lar:golge: The C..ty of Rosemead shall receive a thirty (30) day written notice from the issuing company prior to any alteration of a material, provision, rcluction or cancellation of the insurance required by the CITY. 20) OPERATOR shzsll :iot sell or distribute any alcoholic beverages within or around ':;he Park. 21) a:n the event that any property damage is sustained as a result of the rides, OPLRA9OR 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 f'eath of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, it& officers, and employees, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, Out not by way of limitation, worker's compensation claims, resulting from or arising out of the negligent acts, errors or omission=: o;° 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 cut of the intentional or malicious acts of OPERATOR, its employees or : ubcontractors. Calm -23)-- OPERATOR,is an independent contractor and is not an employee,of - --,- the - _CITY.. OPERATOR recognizes that the CITY is not dictating or:cont- rolling the ways and means by which OPERATOR performs its - duties under this Agreement. This document constitutes the entire Agreement of the parties and supersedes 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. Dated: ��� � J. A. Blash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 MAYOR - CITY OF ROSEMEAD CEO EXHIBIT A 1999 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Monday, June 28, 1999, through Noon on Monday, July 5, 1999. 2) Days of carnival to be July 2nd - July 4th. Hours on Friday, July 2th -. 5:00 p.m. - 10:00 p.m. Hours on Saturday, July 3th - 12:00,noon - .11:00,p.m.. Hours on Sunday, July 4th - 12:00 noon - 10:00 p.m. Tickets for rides are to be taken off sale on Sunday, July 2, 1999, one hour before'closing. 3) CITY will receive 25% of the first $20,000 of revenue from sale of ride tickets and 30% of all amounts exceeding $20,000. 4) OPERATOR will pay CITY $50.00 a day for 1 (one) food concession wagon. 5) OPERATOR will also pay CITY $ 25.00 a day for each game concession. AGREEMT(1 -5) -5- /i 4°. 4TH OF JULY CARNIVAL AGREEMENT -1998 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 area 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 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 Thursday, July 2, 1998, at 12:00 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. 7) Days and hours of operation shall be as indicated in Exhibit A. o) 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. I -1- 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy,, drinks and churros. . 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25 %) of the first twenty thousand dollars ($ 20,000) of ride tickets sold at the park. The CITY will receive thirty percent (30%) for any amount sold in excess of twenty thousand dollars ($ 20,000). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay to operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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. -2- 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, and shall defend, indemnify and save harmless CITY, its officers and employees, from and against i i 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. -3- 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. Dated: J. A. Blash Shows, Inc. Bob Swartwood, President 12501 Verduao Place Chino, California 91710 az MAYOR - CITY OF ROSEMEAD EXHIBIT A 1998 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Monday, June 29, 1998, through Noon on Monday, July 6, 1998. 2) Days of carnival to be July 3rd - July 5th. Hours on Friday, July 3th - 5:00 p.m. - 10:00 p.m. Hours on Saturday, July 4th - 12:00 noon - 11:00 p.m. Hours on Sunday, July 5th - 12:00 noon - 10:00 p.m. Tickets for rides are to be taken off sale on Friday, July 4, 1997, one hour before closing. 3) CITY will receive-25% of the first $20,000 of revenue from sale of ride tickets and 30% of all amounts exceeding $20,000. 4) OPERATOR will pay.CITY $50.00 a day for 1 (one) food concession wagon. 5) OPERATOR will also pay CITY $ 25.00 a day for each game concession. AGREEMT(1 -5) -5- V 4TH OF JULY CARNIVAL AGREIIKENT -1997 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 ballfield infield. OPERATOR is to supply his own utilities. 3) CITY shal I l 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 3, 1997, at 12:00 p.m. 6) CITY shall provide trash dumpsters for OPERATOR at CITY'S expense. OPERATOR shall have the responsibility to pick up the trash I 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 CITY for approval. Mc 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy, drinks and churros. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25 %) of the first twenty thousand dollars ($ 20,000) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount sold in i excess of twenty thousand dollars ($ 20,000). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay to operator operator's percentage following event. CITY shall keep such records as to insure,a proper audit. 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. 11 -2- 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: iThe 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 injuriesito 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. -3- 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. n Dated: Z �XS J. A. Blash Shows, Inc. MAYOR - CITY OF ROSEMEAD Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 EXHIBIT A 1997 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Monday, July 2, 1997, through Noon on Monday, July 7, 1997. 2) Days of carnival to be July 4th - July 6th. Hours on Friday, July 4th - 12:00 noon - 10:00 p.m. Hours on Saturday, July 5th - 12:00 noon - 10:00 p.m. Hours on Sunday, July 6th - 12:00 noon - 10:00 p.m. Tickets for rides are to be taken off sale on Friday, July 4, 1997, one hour before closing. 3) CITY will receive 25% of the first $20,000 of revenue from sale of ride tickets and 30% of all amounts exceeding $20,000. 4) OPERATOR will pay CITY $50.00 a day for 1 (one) food concession wagon. 5) OPERATOR will also pay CITY $ 25.00 a day for each game concession. AGREEMT(1 -5) -5- jj d 40 4TH OF JULY CARNIVAL AGREEM MT -1996 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 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 2, 1996, at 12:00 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. 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 CITY for approval. -1- 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy and drinks. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25 %) of the first twenty thousand dollars ($ 20,000) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount sold in excess of twenty thousand dollars ($ 20,000). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay to operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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. -2- 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, 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. -3- 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. Dated• 2 S ILI J. A. Blash Shows, Inc. 7 MAAYOR - CITY OF ROSEMEAD Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 'SC EXHIBIT A 1996 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Monday, July 1, 1996, through Noon on Monday, July 8, 1996. 2) Days of carnival to be July 3rd - July 7th. Hours on Wednesday, July 3th - 5:00 p.m. - 10:00 p.m. Hours on Thursday, July 4th - 12:00 noon - 11:00 p.m. Hours on Friday, July 5th - 5:00 p.m. - 10:00 p.m. Hours on Saturday, July 6th - 12:00 noon - 10:00 p.m. Hours on Sunday, July 7th - 12:00 noon - 10:00 p.m. Tickets for rides are to be taken off sale on Tuesday, July 4, 1996, one hour before closing. 3) CITY will receive 25% of the first $20,000 of revenue from sale of ride tickets and 30% of all amounts exceeding $20,000. 4) OPERATOR will pay CITY $50.00 a day (or $150.00 for 4-111 e days) for 1 (one) food concession wagon. 5) OPERATOR will also pay CITY $ 25.00 a day for each game concession. AGREEMT(1 -5) -5- 4TH OF JULY CARNIVAL AGREEME2T -1995 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, t -(3) game booths and one (1) food concession wagon. kw�4 to 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 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 Thursday, June 30, 1994, at 12:00 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. 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 CITY for approval. -1- 10) OPERATOR shall provide ten (10) rides and4t-ew-('3x�) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy and drinks. �. va 12) OPERATOR shall provide staff and t= game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25 %) of the first twenty thousand dollars ($ 20,000) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount sold in excess of twenty thousand dollars ($ 20,000). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay to operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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. -2- 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, 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. -3- 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 MAYOR - CITY OF ROSEMEAD 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. 2 r Dated: d J. A. Blash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 -4- EXHIBIT A 1995 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Wednesday, June 28, 1995, through Noon on Wednesday, July 5, 1995. 2) Days of carnival to be June 30th - July 4th. Hours on Friday, June 30th - 5:00 p.m. - 11:00 p.m. Hours on Saturday, July 1st - 12:00 noon - 11:00 p.m. Hours on Sunday, July 2nd - 12:00 noon - 11:00 p.m. Hours on Monday, July 3th - 5:00 p.m. - 11:00 p.m. Hours on Tuesday, July 4th - 12:00 noon - 11:00 p.m. Tickets for rides are to be taken off sale on Tuesday, July 4, 1994, one hour before closing. 3) CITY will receive 25% of the first $20,000 of revenue from sale of ride tickets and 30% of all amounts exceeding $20,000. 4) OPERATOR will pay CITY $50.00 a day (or $250.00 for five days) for 1 (one) food concession wagon. 6) OPERATOR will also pay CITY $ 25.00 a day for each game concession. AGREEMT(1-5) -5- QUI t 2dda gffz&c4d� 2ji . kddie R da J.A. BLASH SHOWS, INC. Robert E. Swartwood, Pres. 12501 Verdugo Place Chino, California 91710 (909) 628 -0579 March 8, 1995 Olga Fabela, Recreation Director City of Rosemead 8838 E. Valley Blvd. P.O. Box 399 Rosemead, Ca. 91770 Dear Ms. Fabela, I am returning the agreement you sent me. The only change is in the amount of games. The minimum is (5) and the maximum is (10) games, as we discussed. If you have any questions please call me in the evenings after 7 P.M, Monday thru Wednesday. Thank Yo Robert Swartwood President, J.A. Blash Shows Inc. r I gffaala "tat G?lurnc6i V�ia &4 4nd qa' a O4&fe& 4TH OF JULY CARNIVAL AGREEMENT -1994 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 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 Thursday, June 30, 1994, at 12:00 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. 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 CITY for approval. -1- 6 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy and drinks. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25 %) of the first twenty thousand dollars ($ 20,000) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount sold in excess of twenty thousand dollars ($ 20,000). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay to operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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. -2- 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, 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. -3- 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. Dated: J. A. Blash Shows, Inc. Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 MAYOR - CITY OF ROSEMEAD ATTEST: laz ITY CLERK EXHIBIT A 1994 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Wednesday, June 29, 1994, through Noon on Tuesday, July 5, 1994. 2) Days of carnival to be July 1st - July 4th. Hours on Friday, July 1st - 5:00 p.m. - 11:00 p.m. Hours on Saturday, July 2nd - 12:00 noon - 11:00 p.m. Hours on Sunday, July 3rd - 12:00 noon - 11:00 P.M. Hours on Monday, July 4th - 12:00 noon - 11:00 p.m. Tickets for rides are to be taken off sale on Monday, July 4, 1994, one hour before closing. 3) CITY will receive 25% of the first $20,000 of revenue from sale of ride tickets and 30% of all amounts exceeding $20,000. 4) OPERATOR will pay CITY $50.00 a day (or $150.00 for three days) for 1 (one) food concession wagon. 6) OPERATOR will also pay CITY $ 25.00 a day for each game concession. AGREEMT(1 -5) -5- 4TH OF JULY CARNIVAL AGREEMENT -1993` 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 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 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 Friday, July 2, 1993, at 12:00 p.m. 6) CITY shall provide trash dumpsters for OPERATOR at CITY'S expense. OPERATOR shall have the responsibility to pick up the trash f: 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 CITY for approval. -1- u 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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.. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy and . drinks. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25 %) of the first twenty thousand dollars ($ 20,000) of ride tickets sold at the park. The CITY will receive thirty percent (30 %) for any amount sold in excess of twenty thousand dollars ($ 20,000). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay to operator operator's percentage following event. CITY shall keep such. records as to insure a proper audit. 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. -2- 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, 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. -3- U 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. Dated: D MAYOR - CITY OF ROSEMEAD Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 ATTEST: . CLERK _ DATE • " -4- J. A. Blash Shows, Inc. EXHIBIT A 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9:00 a.m. on Wednesday, June 30, 1993, through Noon on Monday, July 5th. 2) Days of carnival to be July 2nd - July 4th. Hours on Friday, July 2nd - 3:00 p.m. - 11:00 p.m. Hours on Saturday, July 3rd - Noon - 11:00 p.m. Hours on Sunday, July 4th - Noon — 11:00 p.m. Tickets for rides are to be taken off sale on Sunday, July 4, 1993 one hour before closing. 3) CITY will receive 25% of the first $20,000 of revenue from sale of ride tickets and 30% of all amounts exceeding $20,000. 4) OPERATOR will pay CITY $50.00 a day (or $150.00 for three days) for 1 (one) food concession wagon. 6) OPERATOR will also pay CITY $ 25.00 a day for each game concession. AGREEMT(1 -5) -5- 4 4TH OF JULY CARNIVAL AGREEMENT 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 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 Thursday, July 2, 1992, at 2:00 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. 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 CITY for approval. ou 10) OPERATOR shall provide ten (10) rides and ten (10) game booths 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. He will keep all revenues and pay CITY $ 50.00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy and drinks. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25.00 a day for each game booth. 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 and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A ". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25 %) of the first twenty thousand dollars ($ 20,000) of ride tickets sold at the park.. The CITY will receive thirty percent (30 %) for any amount sold in excess of twenty thousand dollars ($ 20,000). 17) CITY staff will sell tickets. At the close of each day (evening) sales /percentages will be determined. CITY shall pay to operator operator's percentage following event. CITY shall keep such records as to insure a proper audit. 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. -2- 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, 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. -3- 04/21/1992 08:43 FROM PAK 'M POSTAL PLUS TO 18183079218 23) OPERATOR is an independent contractor and is not an employee of the CITY. OPERATOR recogniaes.that the CITY is net 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. Dated: a' �' I f g Y J. A. Blash Shows, Inc. MAYOR - CITY OF ROSEMEAD Bob Swartwood, President P.05 12so1 Verdugo Place ATTEST: Chino, California 91710 - i C CLERK D TED :.. : -% .. -4- 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, 1992 through Noon on Monday, July 6th. 2) Days of carnival to be July 3rd - July 5th. Hours on Friday, July 3rd - 3:00 p.m. - 11:00 p.m. Hours on Saturday, July 4th - Noon - 11:00 p.m. Hours on Sunday, July 5th - Noon - 11:00 p.m. Tickets for rides are to be taken off sale on Sunday, July 5, 1992, one hour before closing. 3) CITY will receive 250 of the first $ 20,000 of revenue from sale of ride tickets and 30% of all amounts exceeding $ 20,000. 4) OPERATOR will pay CITY $ 50.00 a day (or $ 150.00 for three days) for 1 (one) food concession wagon. 6) OPERATOR will also pay CITY $ 25.00 a day for each game concession. C AGREEMT(6 -10) -5-