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ORIGIN ~L
CONTRACT FOR AMUSEMENT DEVICES AND SERVICES
BETWEEN
CITY OF AUBURN AND OVER THE EDGE PROMOTIONS
THIS AGREEMENT is made and entered into this ~ day of May, 2005, by and between the
City of Auburn, a municipal corporation of the State of Washington whose address is 25 West Main,
Auburn, Washington, 98001, hereinafter referred to as "AUBURN", and Wayne Schneider" dba OVER
THE EDGE PROMOTIONS whose address is 6730 North Channing Way, Fresno, California 93711 (Ceil
Telephone: 559-240-4422), a corporation, hereinafter referred to as "PROMOTER."
WHEREAS, the CITY OF AUBURN is planning festivities for the Fourth of July Festival in the
CITY on Monday, July 4, 2005; and
WHEREAS, AUBURN desires to have devices for children's amusement including a train and
inflatable rides for the entire day of Monday, July 4,2005 at Les Gove Park, 11'h and Auburn Way South,
Auburn, Washington..
WHEREAS, PROMOTER has such devices referred to above and is willing to provide them to
AUBURN and to provide staffing during the time of the festival Monday, July 4, 2005; and
WHEREAS, PROMOTER has insurance which includes iiability in the minimum of ONE MilLION
DOLLARS ($1,000,000);
NOW, THEREFORE, based upon the mutual covenants to be derived, the parties agree as
foilows:
1. AGREEMENT TO PROVIDE AMUSEMENT DEVICES:
The PROMOTER shail provide to AUBURN a train and inflatable rides, such as Bailoon Typhoon
and Bounce, for the entire day of Monday, July 4,2005, at les Gove Park, 11'h and Auburn Way
South, Auburn, Washington. PROMOTER shall transport and set up devices, and at the
conclusion of the festival, remove devices without causing any damage to the CITY park property.
The location of the devices is to be selected by the Parks and Recreation Department of Auburn.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agreement - Over the Edge Promotions
April 22, 2005
Page 1 of 3
4lh of July I 2005
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2. PERSONNEL
The PROMOTER shail provide personnel, transport set up, monitor and facilitate the use of the
above devices on Monday, July 4, 2005. All personnel provided shail be qualified and shail meet
the requirements necessary for the State of Washington for contact with children.
3. INSURANCE
Promoter SHALL HAVE A Certificate of Insurance for a minimum of ONE MILLION DOLLARS
($1,000,000) providing liability coverage for any defects in the products provided for acts of their
personnel.
4. CONSIDERATION:
AUBURN shail pay to PROMOTER One Thousand and No/100s Doilars ($1,000) payable in a
check made out to Wayne Schneider associated with inflatable rides and train for any and ail
costs and expenses. PROMOTER shail provide train at their own expense and charge
participants no more than a two-doilar ($2.00) fee for the train and a one-doilar ($1.00) fee for the
inflatabie rides. PROMOTER is responsible for ail ticket sales and wiil keep ail proceeds from
ticket sales.
5. INDEPENDENT CONTRACTOR STATUS:
Ail personnel empioyed by PROMOTER are employees of PROMOTER and PROMOTER is an
independent contractor and shail indemnify and hold harmless AUBURN from any and ail claims
inciuding, but not limited to, defects in the devices provided or acts of its employee's or agents.
6. NON RESPONSIBILITY FOR DAMAGE:
AUBURN shall not be responsible for any damage to devices of PROMOTER.
7. SEVERABILITY:
If any provision of this Agreement is determined to be invalid or enforceable for any reason the
remaining provisions shail remain in force and effect.
8, JURISDICTION:
This agreement shail be interpreted under the laws of the State of Washington with venue in King
County Superior Court.
........................................................
Agreement - Over the Edge Promotions
April 22, 2005
Page 2 of 3
4'" of July, 2005
I
9. ATTORNEY FEES AND COSTS:
If either party is required to empioy an attorney to enforce any provisions of the A~,reement the
prevailing party shail be awarded its attorney fees and costs,
WAYNE SCHNEIDER
OVER THE EDGE PROMOTIONS
BY: ~~~ke~
ARTIST TAX ID:
DATE: ~/ /t; CJ-
CITY OF AUBURN
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PE ER B, LEWIS MAY - (; ?nn<
MAYOR
ATTEST:
~
Dani Daskam
City Clerk
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Agreement - Over the Edge Promotions
April 22, 2005
Page 3 of 3
4'" of July, 2005
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