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ORIGINAL
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, 2006, 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 (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 Tuesday, July 4, 2006; and
WHEREAS, AUBURN desires to have devices for children's amusement including a train and
inflatable rides for the entire day of Tuesday, July 4,2006 at Les Gove Park, 11th 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 Tuesday, July 4, 2006; and
WHEREAS, PROMOTER has insurance which includes liability in the minimum of ONE MILLION
DOLLARS ($1,000,000);
NOW, THEREFORE, based upon the mutual covenants to be derived, the parties agree as
follows:
1. AGREEMENT TO PROVIDE AMUSEMENT DEVICES:
The PROMOTER shall provide to AUBURN a train and inflatable rides, such as Balloon Typhoon
and Bounce, for the entire day of Tuesday, July 4,2006, at Les Gove Park, 11th and Auburn Way
South, Auburn, Washington. PROMOTER shall transport and set up devices, and at the
conclusion of the festival, remove devices without causing any damage to the CITY park property.
The location of the devices is to be selected by the Parks and Recreation Departml3nt of Auburn.
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Agreement - Over the Edge Promotions
April 24, 2006
Page 1 of 3
4th of July, 2006
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2. PERSONNEL
The PROMOTER shall provide personnel, transport set up, monitor and facilitate tl1e use of the
above devices on Tuesday, July 4, 2006. All personnel provided shall be qualified and shall meet
the requirements necessary for the State of Washington for contact with children.
3. INSURANCE
Promoter SHALL HAVE A Certificate of Insurance for a minimum of ONE MILLlO~1 DOLLARS
($f,OOO,OOO) 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 No/100s 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 ch,arge
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.
5. INDEPENDENT CONTRACTOR STATUS:
All personnel employed by PROMOTER are employees of PROMOTER and PROMOTER is an
independent contractor and shall indemnify and hold harmless 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.
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Agreement - Over the Edge Promotions
April 24, 2006
Page 2 of 3
4th of July, 2006
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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: ~t2<<7< kdC-Air-,4
/ ~
ARTIST TAX. JD:
DATE:
CITY OF AUBURN
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ETER B. ~EWIS --
MAYOR
ATTEST:
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Dani Daskam
City Clerk
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Agreement - Over the Edge Promotions
April 24, 2006
Page 3 of 3
4th of July, 2006