Loading...
CC - Item 4D - Booths for 4th of July Celebration• 0 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER DATE: FEBRUARY 12, 2008 SUBJECT: APPROVAL OF AGREEMENT WITH J.A. BLASH SHOWS, INC. FOR AMUSEMENT RIDES AND GAME BOOTHS FOR THIS YEAR'S 4T" OF JULY CELEBRATION SUMMARY For several years the City has used J.A. Blash Shows to provide Amusement rides and game booths in conjunction with the City's 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 Friday, July 4, 2008, 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 Friday, July 4, 2008 (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 of eleven hundred and seventy-five ($1,175) on or before April 1, 2008. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: JEAN SCOTT Interim Director of Parks and Recreation Attachment A: 41h of July Celebration Agreement - 2008 APPROVED FOR CITY COUNCIL AGENDA: 0 ' • 0 City 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 • 0 6) CITY shall provide trash dumpsters for OPERATOR at CITY'S expense. OPERATOR shall have the responsibility to pick up the trash in ride area and dispose of in a trash dumpster. 7) 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 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 • • 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 • 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.A. Blash Shows, Inc. Mayor, City of Rosemead Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 Page 5 0 0 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.