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HomeMy WebLinkAbout14 T TILLER DAYS RIDES 09-06-94OATE: August 23, 1994 NO. 14 9-6-94 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY SERVICES DEPARTMENT AGREEMENT REGARDING RIDES AND CONCESSIONS AT TUSTIN DAYS TILLER Approve the attached agreement with }{assett carnival at Tustin Tiller Days, October 7-9, & Davis to operate a 1994. The carnival is estimated to generate $15,000 revenue for Tustin Tiller Days. This estimate is conservative. It is based on 10,000 visitors (2,000 Friday, 3,000 Saturday, and 2,000 Sunday) each spending $10. Past attendance figures have been estimated at as many as 30,000. The City will receive 15 percent of gross receipts from the carnival which should be $15,000, based on the preliminary attendance estimates. There are no direct expenses or deposits to the carnival operator. Other revenues from the event come from booth rentals, beer and wine sales, and sponsorships. There should be indirect expenses for Police services for the carnival. The Police Department expects this expense to be about $3,000. The carnival operator is responsible for collecting and disposal of refuse, and expenses for any damages incurred. In February of 1994, the City Council approved the Blue Ribbon Committee Report. This report outlined a plan for Tustin Tiller Days which provides an event which covers all expenses, and raises funds for the Tustin Community Foundation. An integral portion of this plan was the inclusion of a carnival. The goal of providing a carnival was to afford an opportunity to generate additional operational funds and provide activities for young people and families. Since the Council approved the Blue Ribbon Committee Report, staff has negotiated the attached contract with Hassett & Davis. This contract agrees that the City be paid 15 percent of gross receipts from rides, games and concessions. As part of the review process for this~ operator, the Police Department conducted an extensive reference check. This check determined that Hassett & Davis is a responsible and fair operator. Also representatives from the Tustin Tiller Days Organizing Committee have attended events operated by this carnival service. The Committee feels that this carnival will be a good addition to the event. Since March of 1994, the Tustin Tiller Days Organizing Committee has been organizing the October 7-9 event. The theme for the event is Tustin Tiller Days.o.A Hometown Festival. Staff is pleased to report to the city Council that the Committee is making good progress toward restoring the event to a three day festival in 1994. Plans are now being finalized for a wide variety of entertainment, food and beverages, displays, exhibits and features. The Committee is emphasizing activities and events which feature Tustin's hometown heritage. All participants, are being asked to be consistent with this theme. Randy Westrick ~ Recreation Supervisor Attachment Susan M. Jones Recreation Superintendent 2 3 5 ? $ 9 I0 1! 12 13 14 15 17 18 19 20 21 23 24 25 26 28 AGREEMENT REGARDING RIDES AND CONCESSIONS AT TUSTIN TILLER DAYS THIS AGREEMENT, dated for purposes of identification only this day of ,1994, is made and entered into by and between the CITY OF TUSTIN, a municipal corporation, (hereinafter referred to as "City"), and (hereinafter referred to as "Operator"). WITNESSETH: WHEREAS, City sponsors an annual event called Tustin Tiller Days, which is located in the City of Tustin; and WHEREAS, Operator is engaged in the business of producing shows, exhibitions, entertainments and carnival operations; and WHEREAS, City desires to obtain, and Operator desires to provide, rides, games and food concessions for Tnstin Tiller Days. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. Employment of Operator Upon the terms and conditions set forth in this Agreement, City hires Operator to provide resides and concessions at Tusfin Tiller Days, which shall be held on , between the hours of [Dates] [Hours] Items to be Provided by Ciw City agrees to furnish the following: a. A suitable site at Columbus Tustin Park to be located on Ballfield No. 3, Ballfield No. 4, and the running track. b. An outlet for water, which is to be paid for by Operator. c. A security plan and police protection. /// 2 4 $ 6 ? ~0 12 ~6 18 2O 21 22 24 26 2~ 3. Items to be Provided bv OperaTor Operator agrees to furnish the following: a. A sufficient number of rides, games and shows so as to provide a clean, honest and potentially profitable carnival midway, during all dates and hours of operation for Tustin Tiller Days. b. Permits issued in accordance with the Amusement Rides Safety Law signifying that said amusemeht rides will confirm with the standards set by law during Tustin Tiller Days. c. Perm!ts issued by the Orange County Health Department for the Operator- sponsored food booths. d. Daily cleanup of the entire site during the event dates and at the conclu- sion of the event. At the conclusion of the event, the Operator shall restore the site to the condition existing prior to the event. e. Tickets and ticket sales booths, including ticket sellers. f. Advertising of the event in local newspapers at Operator's expense,' distribution of handbills and discount coupons. g. Reimbursement to the City or Tustin Unified School District for repairs in the event any property damage is sustained from Operator's activities. h. A sufficient number of portable toilets to handle the needs of the attending public. Toilets shall be cleaned on a frequent basis. i. A sufficient number of trash containers. Operator shall cause such containers to be emptied frequently and disposed of in accordance with law, and at Operator's expense. 4. Restrictions Operator shall not have the right to determine a price of admission to Tustin Tiller Days. Neither Operator, nor Operator's concessionaires shall sell or distribute alcoholic beverages. Operator shall not have the right to determine which community groups rr establish booths at the event site. This determination shall be at the sole discretion of the City. 2 2 ? I! 14 ~0 ~2 24 ~6 City and Operator shall cooperate to establish a specific location plan for Operator's rides and concessions and community organization booths. 5. Insurance Without limiting City's right to indemnification, it is agreed that Operator shall secure prior to commencing any activities under this Agreement at the event site, and maintain during Tustin Tiller Days, insurance coverage as follows: a. Workers' Compensation Insurance as required by California statutes; b. Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage (if applicable) and Independent Contractors' Liability (if applicable), in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit, written on an occurrence form. c. Comprehensive Automobile Liability coverage, including as-applicable- owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form. d. Each insurance policy provided under this Agreement shall contain the following endorsements: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days' prior written notice has been given to the City Clerk, City of Tustin, 300 Centennial Way, Tustin, California 92680. ~ and "It is agreed that any insurance maintained by the City of Tustin shall apply in excess of and not contribute with insurance provided by this policy." 3 1 ? ~0 11 12 15 ~? 19 20 21 22 2~ 24 27 2~ e. Each insurance policy required by this Agreement, excepting policies workers' compensation, shall contain the following clause: "The City of Tustin, the Tustin Unified School District and the Tustin Community Foundation, their respective officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with [he City of Tustin. Operator shall deliver to City insurance endorsements on forms attached hereto as Exhibit "A", confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. The endorsements shall be provided thirty (30) days prior to the first day of Tustin Tiller Days. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by City, it shall be Operator's responsibility to see that City receives documentation acceptable to City which sustains that the individ,' ' signing said endorsements is indeed authorized to do so by the insurance company. Also, C~ty has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement. In addition to any other remedies City may have if Operator fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option terminate this Agreement. Exemise of the above remedy, however, is an alternative to other remedies City may have and is not the exclusive remedy for Operator's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Operator may be held responsible for payments of damages to persons or properly resulting from Operator's or its subcontractor's performance of the work covered under this Agreement. /// 4 2 3 4 6 ? 8 11 12 15 17 18 19 20 21 22 23 24 25 26 27 28 6. Indemnification Operator agrees to indemnify, defend and hold harmless the City, the Tustin Unified School District, and the Tustin Community Foundation, their respective officers, agents, employees, representatives and volunteers from and 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 (or Operator's subcontractors, if any) performance or failure to perform, under the terms of this Agreement, except those which arise out of the sole negligence of City, the Tustin Unified School District, or the Tustin Community Foundation. 7. Compensation Operator agrees to pay City fifteen pement (15 %) of the gross receipts, which is 15% of the income derived from carnival rides, sponsorship fees, sale of food and games and nonfood booths sponsored by Operator. 8. Records/Audit Operator shall keep such records of the sales of food, games and rides for Tustin Tiller Days so as to enable City to audit the records within one (1) year after Tustin Tiller Days. If such audit reveals an under payment to City, Operator shall promptly pay City the amount due. 9. Impossibility of Performance In the event of war, strikes, earthquake, fire, or other events which would render the performance of this Agreement impossible, in whole or in part, by either party, then each party shall be relieved from obligation thereunder. 10. Termination of Aereement Either City or Operator may terminate this Agreement, without or without cause, upon giving the other party at least fifteen (15) days prior written notice. 11. Amendment It is mutually understood and agreed that no alternation or variance of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreements not incorporated herein shall be binding on any of the 1 3 4 5 6 ? 8 9 10 13 14 15 16 17 18 20 21 22 23 24 25 26 28 parties hereto. 12. Assignment Neither Operator nor City may assign or transfer this Agreement, or any part3, thereof, without the written consent of the other party. 13. Compliance with Laws In the performance of this Agreement, Operator shall abide by and conform to any and all applicable laws of the United States, the State of California and ordinances of the City. 14. Independent Contractor Operator is at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of City. 15. Authority and Effective Date Operator and Operator's signators further represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute th: Agreement on behalf of Operator and to bind Operator hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event Operator fails to set forth a date of execution opposite the name(s) of Operator's signator(s), Operator hereby authorizes City, by and through its representatives to insert the date of execution by Operator's signator(s) as the date said Agreement, as executed by Operator, is received by City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. "CITY" CITY OF TUSTIN Dated: Thomas R. Saltarelli Mayor (Signatures Continued on Page 7) 6 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 211 2 3 4 5 6 7 8 ATTEST: Mary Wyrm' City Clerk APPROVED AS TO FORM: Lois E. Jeffrey City Attorney, Dated: LFA:ca~ :R :08Il 8/~)4 :fr79) "OPERATOR~ By: Name: Title: 7 CI"[Y OF 'I-US'I'IN CERTIFICATE OF INSURAN ND DESIGNATION OF NAMED ADD IAL iNSURED NO MODIFICATIONS OR ADDITIONS MAY BE MADE TO THIS FORM CiTY OF TU~'TIN P.O. Box 3S39 Tu~tin, CA 926B1-3S39 .~,ME ~ND ADDREGO OF INI~URED CONTP.~.CTOR: AND ADDRF~I~ OF INSUP. ANCIE AGENCY: PROJECT: Number Efiectlva Date Expiration Date · One Fire) AUTOMOBILE LL~BILITY "' [ ) Any Auto " [ ] AE Owned Autos J J Scheduled Autos [ ] Hired Au~o~ [ ] No~Ow~ Aut~ [ J Oare~ U~b~lW IAny One Pe~so~l ~;od!~y Injury $ (Per Par~on) Sc)day InJu~' ~ IPar Oeeurreno~ ) Prope~y $ EXCESS LJA~ILITY [ J Umbrelta Form WO~S C~PEN~.~ON OTHER EACH OCCURRENCE AGGREGATE EXHIBIT "A"