HomeMy WebLinkAbout08 HASSETT & DAVIS AG 05-04-98AGFNnA
DATE: May 4, 1998
· NO. 8
~' 5-4-98
Inter-Com'
TO:
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PARKS 8: RECREATION SERVICES DEPARTMENT
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY AND HASSETT 8[ DAVIS
ENTERTAINMENT.
RECOMMENDATION
Request the City Council approve the attached Ammdmem No. 1 to the Agreement ben~en the City and Hassett
& Davis Entertainmem; Inc.
FISCAL IMPACT
The amendment will provide that the Cit'), will recmive fifteen percent (15%) of the gross receipts from carnival
fides at the E1 Camino Real Street Fair and Chili Cook-Off. Net proceeds tSom the ex~,nt are a~arded to a local
non-profit organization selected by the Street Fair orga~iz~ committee.
BACKGROUND
Last year the Parks and Recreation Services Depamnent revised the annual Chili Cook-Off to
be a family-oriented event. In addition to chili booths, the new El Cammo Real Chili Cook-Off and Street fair
included kiddie fides, food booths provided by local non-profit organizafiom, face painting, and craft sales and
displa.vs. Proceeds t~orn the event were presented to the Tusfin Community. Found_a6on for enrichment activities
at the Tustin Family & Youth Center.
The Str~ Fair will be held on Sunday, June 7°". The proposed amendment to the agr~ eem~ ~Sth Hassett and
Davis would increase the net proceeds presented by the organizing committee to the selected local non-profit
group. The Street Fair has select~ the Campfire Boys & Girls of Tustin as the recipient this year.
,C~-~ ~ %-?--' Patrick Sanchez
S~dent "D "" Director
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AMENDMENT NO. 1 TO AGREEMENT BE'rVVEEN
THE CITY OF TUSTIN AND HASSETT & DAVIS ENTERTAINMENT, INC
This Amendment No. 1, dated for purposes of identification only this \',<) day of
~.~ ~'~ , 1998, is made and entered into between the CITY OF TUSTIN, a municipal
corporation, (hereinafter referred to as "City"), and HASSE'I-F & DAVIS ENTERTAINMENT,
INC., a California corporation, (hereinafter referred to as "Operator").
RECITALS
1. The City and Operator previously entered into the Agreement Regarding Rides
and Concessions at Tustin Tiller Days, dated March 25, 1996 (the "Agreement").
2. The Agreement is still in effect and the City and Operator wish to amend the
Agreement to permit Operator to provide rides only at the El Camino Real Street Fair and
Chili Cook Off.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and
conditions contained herein, the parties agree as follows:
AGREEMENT
1. Employment of Operator, In addition to the services provided under the
Agreement, City hires Operator to provide rides only at the El Camino Real Street Fair and
Chili Cook Off, which shall be held on June 7, 1998 between the hours of 10:00 a.m ..to
6:00 p.m.
2. Items to be Provided by City
City agrees to furnish the following for the El Camino Real Street Fair and Chili Cook
Off:
(a)
(b)
(c)
3.
A suitable site (hereinafter "Site").
An outlet for water, which is to be paid for by City.
A security plan and police protection.
Items to be Provided by Operator
For the El Camino Street Fair and Chili Cook Off, Operator agrees to furnish the
following:
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(a) A sufficient number of rides so as to provide a clean, honest and potentially
profitable carnival during all hours of operation for the El Camino Street Fair
and Chili Cook Off.
(b) Permits issued in accordance with the amusement rides safety law, signifying
that said amusement rides will conform with the standards set by law during
the El Camino Real Street Fair and Chili Cook Off.
(c) Tickets and ticket sales booths, including ticket sellers.
(d) Fifteen hundred dollars ($1,500) will be deposited with the City 30 days prior
to the event date for reimbursement to the City of Tustin for repairs in the event
of any property damage is sustained from Operator's activities.
4. Restdction.s..
City and Operator shall cooperate to establish a specific location plan for Operator's
rides at the El Camino Street Fair and Chili Cook Off.
5. Insurance
All of the insurance provisions of the Agreement shall apply to the El Camino Street
Fair and Chili Cook-off except that Operator is not required to name the Tustin Unified School
District, the Tiller Days Organizing Committee, or the Tustin Community Foundation as
additional insureds. Instead, the insurance policies required by the Agreement, excepting
policies for Worker's Compensation, shall name the City of Tustin and the property owner(s)
of the Site, their respective officers, agents, employees, representatives and volunteers as
additional insureds as respect the operations and activities of or on behalf of the named
insured, performed under contract with the City of Tustin for the El Camino Street Fair and
Chili Cook Off.
6. Indemnification..
Operator agrees to indemnify, defend and hold harmless, the City, and the property
owner(s) of the Site, their respective officers, agents, employees representatives and
volunteers from against any and all claims, demands, defense, costs, actions, liability or
consequential damages of any kind or nature arising out of or in connection with Operator's
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(or Operator's subcontractors), if any, performance or failure to perform under the terms of
this Amendment No. 1, except those which arising out of the sole negligence of City, and the
property owner(s) of the Site.
7. Compensation
The same compensation terms and conditions in the Agreement shall apply to the El
Camino Street Fair and Chili Cook Off.
8. Records/Audit
Records of the sale of ride tickets for the El Camino Street Fair and Chili Cook Off
shall be kept by the Operator so as to enable the City to audit the records within one year
af[er the event. If such audit reveals an underpayment to the City, Operator shall promptly
pay the City the amount due.
9. Agreement Remains in Effect- Except as specifically amended herein, all other
terms and conditions of the Agreement shall remain in effect.
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IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be
executed on the dates hereinafter respectively set forth.
"City"
CITY OF TUSTIN
Dated:
Mayor
ATTEST:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffre~ //~ 0
City Attorney
Dated:
"Opera\
H~VlSB~~:,. ' ~ )~_~~ENTERTAINMENT' INC.
Name: "~;~.~~5~ ,~ -
Title: ~J~,'-z ~,.q '~
1100-14
61014_1
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