HomeMy WebLinkAbout05 TILLER DAYS RIDES 07-17-95 NO. 5
7-17-95
Intor-Com
DATE'-
July 7, 1995
TO: WILLIAM A. HUSTON, CITY' MANAGER
FROM: COMMUNITY SERVICES DEPARTMENT
SUBJEC~ AGREE~4ENT REGARDING RIDES AND CONCESSIONS AT TUSTIN TILLER
DAYS
RECOMMENDATION:
Approve the attached agreement with Hassett & Davis to operate a
carnival at Tustin Tiller Days, October 6-8, 1995.
FISCAL IMPACT:
The carnival should generate about $15,000 this year. Last year
$10,000 was presented to the Tustin Community Foundation. The City
receives fifteen percent (15%) of gross receipts from the carnival.
Other revenue from the event comes from booth rentals, beer and
wine sales, and sponsorships. The net return to the Foundation
from all sources this year is estimated to be $20,000. There will
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 for any damages.
BACKGROUND & SUMMARY:
Last year the City Council approved the plan which included a
carnival at Tiller Days to raise money for the Tustin Community
Foundation. The City contracted with Hassett & Davis. The
carnival was a tremendous success and the Foundation collected
$10,000. In addition, many local non-profit organizations raised
money through food and beverage sales.
The contract provides that the City will be paid fifteen percent
(15%) of gross receipts from carnival rides, games and concessions.
The City Attorney has reviewed and approved the contract. An
approved insurance certificate must be submitted prior to the
event. Staff recommends approving the contract for rides and
concessions with Hassett & Davis.
Gary Magill
Recreation Supervisor
RW2: TTE~CARN¥. 1
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AGREEMENT REGARDING RIDES AND CONCESSIONS
AT TUSTIN TILLER DAYS
THIS AGREEMENT, dated for purposes of identification only this ~day o:
, 1995 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 ir
· 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 f
concessions for Tustin 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
to provide
Upon the terms and conditions set forth in this Agreement, City hires Operator
resides and concessions at Tustin Tiller Days, which shall be held
on
, between the hours of
2. Items to be Provided by City
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.
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b. An outlet for water, which is to be paid for by City.
c. A security plan and police protection.
Items to be Provided by Operator
Operator agrees to furnish the following:
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A sufficient number of rides, games and shows so as to provide a clean
honest and potentially profitable carnival midway, during all dates and hour
of operation for Tustin Tiller days.
ho
Permits issued in accordance with the Amusements Rides Safety Lay
signifying that said amusements rides will confirm with the standards set b,
law during Tustin Tiller days.
Permits issued by the Orange CountY Health Department for the Operatox
sponsored food booths.
Daily cleanup of the entire site during the event dates and at the conclusiol
of the event. At the conclusion of the event, the Operator shall restore th,
site to the condition existing prior to the event.
Tickets and ticket sales booths, including ticket sellers.
Advertising of the event in local newspapers at Operator's expense
distribution of handbills and discount coupons.
Reimbursement to the City or Tustin Unified School District for repairs it
the event any property damage is sustained from Operator's activities.
A sufficient number of portable toilets to handle the needs of the Camiva
Toilets shall be cleaned on a frequent basis.
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i. A sufficient number of trash containers. Operator shall cause such
containers to be emptied tYequently and disposed of in accordance with
and at Operator's expense.
4. Restrictions
Operator shall not have the right to determine a price of admission to Tustin Tiller Day~,
Neither Operator, nor Operator's concessionaires shall sell or distribute alcoholic beverage~,
Operator shall not have the fight to determine which community groups may establish booths
the event site. This determination shall be at the sole discretion of the City. City and Operat{
shall cooperate to establish a specific location plan for Operator's rides and concessions ar.
community organizations booths.
5. Insurance
Without limiting City's right to indemnification, it is agreed that Operator shall secure prk
to commencing any activities under this Agreement at the event site, and maintain during Tt
Tiller Days, insurance coverage as follows:
a. Workers' Compensation Insurance as required by California statutes;
b. Comprehensive General Liability Insurance, or Commercial General Liabilit,
Insurance, including coverage for Premises and Operations, Contractua
Liability, Personal Injury Liability, Products/Completed Operation.
Liability, Broad-Form Property Damage (if applicable) and Independen
Contractor's Liability (if applicable) in an amount of not less than Tw,
Million Dollars ($2,000,000) per occurrence, combined single limit, writte:
on an occurrence form.
c. Comprehensive Automobile Liability coverage, including as-applicable
owner, non-owned and hired autos, in an amount of not less than
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Million Dollars ($1,000,000) per occurrence, combined single limit, writte
on an occurrence form.
Each insurance policy provided under this Agreement shall contain th
following endorsements:
"This insurance shall not be canceled, limited in scope or covera
or non-renewed until after thirty (30)days' prior written notice
been given to the City Clerk, City of Tustin, 300 Centennial Wa'
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Tustin, CA 92680."
and
"It is agreed that any insurance maintained by the City of Tusti
shall apply in excess of and not contribute with insurance provide,
by this policy.."
Each insurance policy required by this Agreement, excepting policies fo
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workers' compensation, shall contain the following clause:
"The City of Tustin, the Tustin Unified School District and th,
Tustin community Foundation, their respective officers, a
employees, representatives and volunteers are added as addit
insured as respects operations and activities of, or on behalf of th,
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named insured, performed under contract with the City of Tustin."
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Operator shall deliver to City insurance endorsements on forms attached hereto a:
Exhibit "A", confirming the existence of the insurance required by this Agreement, and includin!
the applicable clauses referenced above. The endorsements shall be provided thirty (30) days prio
to the first day of Tustin Tiller Days. Said endorsements shall be signed by an authorize,
representative of the insurance company and shall fnclude the signator's company affiliation an,
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title. Should it be deemed necessary by City, it shall be Operator's responsibility to see that Cit[
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received documentation acceptable to City which sustains that the individual signing
endorsements is indeed authorized to do so by the insurance company. Also, City has the rigt
to demand, and to receive within a reasonable time period, copies of any insurance policie
required under this Agreement.
In addition to any other remedies City may have if Operator fails to provide c
maintain any insurance policies or policy endorsements to the extent and within the time herei
required, City may, at its sole option terminate this Agreement.
Exercise of the above remedy, however, is an alternative to other remedies City ma
have and is not the exclusive remedy for Operator's failure .to maintain insurance or secur
appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent t,
which Operator may be held responsible for payments of damages to persons or property rest,'
from Operator's or its subcontractor's performance of the work covered under this Agreement.
///
6. Indemnification
Operator agrees to indemnify, defend and hold harmless the City, the Tustin Unifie,
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 wit]
Operator's (or Operator's subcontractors, if any) performance or failure to perform, under the term
of this Agreement, except those which arise out of the sole negligence of City, the Tustin Unifie,
School District, or the Tustin Community Foundation.
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7. Compensation.
Operator agree_s to pay City fifteen percent (15%) of the gross receipts, which i~'
15% of the income derived from carnival rides, sponsorship fees, sales of food and games am
nonfood booths sponsored by Operator.
8. Records/Audit
Operator shall keep such records .of the sales of food, games and rides for Tustfi
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. lmpossibilitv 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 A2reement.
Either City or Operator may terminate this Agreement, with or without cause, upon
giving the other party at least fifteen (15) days prior ~vritten notice.
11. Amendment
It is mutually understood and agreed that no alteration or variance of the terms of
this Agreement shall be valid unless made in writing and signed by the parties heret°, and no oral
understanding or agreements not incorporated herein shall be binding on any of the parties hereto.
12. Assignment
Neither Operator nor City may assign or transfer this Agreement, or any party
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
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and all applicable lav,,s of the United States, the State of California and ordinances of the City.
14. Inder>endent Contractor
Operator is at all times an independent contractor pursuant to this Agreement
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 thi:
Agreement on behalf of Operator and to bind Operator hereto.
The effective date of this Agreement shall be the latest date of execution hereinafte:
set forth opposite the names of the signators hereto. In the event Operator fails to set forth a dar{
of execution opposite the name(s) of Operator's signator(s), Operator hereby authorizes City, b
and through its representatives to insert the date of execution by Operator's signator(s) as the dat~
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.
·
Dated:
CITY OF TUSTIN
Jim Ports
Mayor
(Slgnature~ Coutluued o~ l~a~e T)
ATTEST:
Marv Wvnn
Citv Clerk
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APPROVED AS TO FQRIVI:
i0ois Jeffrey (J f' f' b
City Attorney
Dated:
SVR6:TI'DAG REE.95
"OPERATOR"
By:
Name:
Title: