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HomeMy WebLinkAboutOver the Edge Promotions ORIGINAL CONTRACT FOR AMUSEMENT DEVICES AND SERVICES BETWEEN CITY OF AUBURN AND OVER THE EDGE PROMOTIONS THIS AGREEMENT is made and entered into this I()~ay of May, 2004, 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 "AUBUrol[", and Wayne Schneider, dba OVER THE EDGE PROMOTIONS whose address is 6730 North Channing Way, Fresno, California 93711 (Cell 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 Sunday, July 4, 2004; and WHEREAS, AUBURN desires to have devices for children's amusement including a train and inflatable rides for the entire day of Sunday, July 4, 2004 at Les Gove Park, II th 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 Sunday, July 4, 2004; and WHEREAS, PROMOTER has insurance which includes liability in the miniimum of ONE MILLION DOLLARS ($1,000,000); NOW, THEREFORE, based upon the mutual covenants to be derived, the parties agree as follows: ................................................................ Agreement - Over the Edge Promotions May 3, 2004 Page 1 of4 4th of July, 2004 @ .-. ------------,.__._._---_._._-_.~--- 1. AGREEMENT TO PROVIDE AMUSEMENT DEVICES: The PROMOTER shall provide to AUBURN a train and inflatable rides, such as Balloon Typhoon and Bounce, for the entire day of Sunday, July 4, 2004, at Les Gove Park, II th 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 Department of Auburn. 2. PERSONNEL The PROMOTER shall provide personnel, transport set up, monitor and facilitate the use of the above devices on Sunday, July 4,2004. All personnel provided shall be qualified and shall 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 shall pay to PROMOTER One Thousand and NollOOs Dollars ($1,000) payable in a check made out to Wayne Schneider associated with inflatable rides and train for any and all costs and expenses. PROMOTER shall provide train at their own expense and charge participants no more than a two-dollar ($2.00) fee for the train and a one-dollar ($1.00) fee for the inflatable rides, PROMOTER is responsible for all ticket sales and will keep all proceeds from ticket sales. ................................................................ Agreement - Over the Edge Promotions May 3. 2004 Page 2 of 4 4th of July, 2004 -----_.~--"----------,-_...,._---_.. 5. INDEPENDENT CONTRACTOR STATUS: All personnel employed by PROMOTER are employees of PROMOTER arld PROMOTER is an independent contractor and shall indemnify and hold haImless AUBURN from any and all claims including, but not limited to, defects in the devices provided or acts of its employees 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 shall remain in force and effect. 8. JURISDICTION: This agreement shall be interpreted under the laws of the State of Washington with venue in King County Superior Court. 9. ATTORNEY FEES AND COSTS: If either party is required to employ an attorney to enforce any provisions of the Agreement the prevailing party shall be awarded its attorney fees and costs. WAYNE SCHNEIDER OVER THE EDGE PROMOTIONS BY: M i'Z:Y'''¿ Æ<¿/j;-c/(' . ARTIST TAX ID: DATE: <C7JUl- /t.¡ C:i.¡ ................................................................ Agreement - Over the Edge Promotions May 3, 2004 Page 3 of4 4th of July, 2004 CITY OF AUBURN ~- ----- .' "----" v --" ATTEST: Dani Daskam City Clerk APPROVED AS TO FORM: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement - Over the Edge Promotions May 3, 2004 Page 4 of 4 4th of July, 2004 __·__··_·~_..._.n____.__.__.____ ...,--