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HomeMy WebLinkAboutOver the Edge Promotions A ~ 1<;, s 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 I 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 ~ ,'""=-" -:::;:::> PE ER B, LEWIS MAY - (; ?nn< MAYOR ATTEST: ~ Dani Daskam City Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement - Over the Edge Promotions April 22, 2005 Page 3 of 3 4'" of July, 2005 ,