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Kastl Amusements
23905 Clinton Keith Road
Suite 114-520
Wildomar, CA 92595
Phone (951) 757-6607
Email:[email protected]
Website:www.kastlamusements.com
EVENT SERVICES AGREEMENT
This Event Services Agreement (“Agreement”) is entered into as of December 10, 2025 by and between Kastl Amusements ("Contractor") and the City of Hawaiian Gardens, a California municipal corporation ("City"), for the purpose of providing festival related services to the City's 61st Annual Festival (the "Event").
RECITALS
A. City is a California municipal corporation that sponsors an annual public festival (the “Event”) and intends to conduct its sixty-first (62
nd) Event at Ferguson Elementary School, located at 22215 Elaine Avenue, Hawaiian Gardens, CA 90716 (the “Location”), in April 2026; and B. Contractor is duly engaged in the business of providing carnival rides, games, food service, and related festival services and represents and warrants that it has the expertise, personnel, and equipment necessary to provide such services in a safe and professional manner; and C. City entered into a Sports Fields Joint Exercise of Powers Use Agreement with the ABC Unified School District (the “District”) dated April 12, 2005 for use of the Location; and D. City desires to retain Contractor, and Contractor desires to be retained by City, to provide rides, games, food service, and related services for the Event at the Location, subject to the terms and conditions of this Agreement and all applicable laws, regulations, and safety requirements.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
TERMS
EVENT SERVICES: The Event shall be conducted as a three-day public festival on April 17, 18 & 19, 2026, held at the Location. Contractor may enter the Location as of 12:00 p.m. on April 12, 2026, for the purpose of staging the equipment. On April 13, 2026 after 9:00am, Contractor may begin setting up and implementing the equipment necessary for the Event. Contractor shall remove any of Contractor's equipment from the Location by 5:00pm on April 21, 2026 and shall restore the Location to substantially the same condition that existed immediately prior to Contractor’s entry, ordinary wear and tear excepted.
For the purpose of facilitating the event, Contractor shall at its sole cost and expense provide for the following (collectively, the “Services”):
1. Equipment related to the provision of 12 to 17 carnival rides (“Rides”).
2. Equipment related to the provision of 3 to 6 games (“Games”).
3. Clear rules applicable to each Game, conspicuously posted at each Game location. 65320.00001\44419388.2
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4. Prizes for participation in each Game.
5. One food service trailer (the “Food Trailer”).
6. Applicable business licenses and business permits from the City.
7. Insurance acceptable to the City, as further provided herein.
8. Setting up, breaking down, and removing any Equipment according to the time frame in this Agreement.
9. Provide temporary power for food and information booths to include spider boxes and generator.
10. All personnel, equipment, and related services necessary to properly and safely conduct the Event and to operate and maintain the Rides, Games, and Food Trailer in compliance with all applicable safety, health, and fire codes and any rules imposed by the City or the District.
Ticket pricing shall be as follows and shall not be modified without the prior written consent of City:
1. PRE SALE (Sold by the City until 12:00p.m. on April 16): 10 Carnival Rides = $30
2. ON SITE: 40 Tickets = $35, 1 Ticket = $1
3. Contractor shall not issue complementary tickets or other free admissions that may reduce sales without prior written approval of the City.
PERMITS: City shall waive all costs associated with permits required by the community development department for inspections of the Contractor’s carnival rides, booths and any and all associated equipment by the building and safety department. Such waiver applies only to permit fees charged by City and shall not apply to any fees or charges imposed by any other public agency or regulatory body. Contractor agrees to have all rides and equipment ready for Fire & Safety inspections by 4:00pm on April 16, 2026. To the extent applicable, Contractor shall timely obtain and comply with all other permits, approvals, and licenses required by any governmental authority or the District in connection with the Event.
City will assist in providing the following:
1. Applicable Security and Permits, including any applicable health permits from the County. This does not include business permits from the City.
2. Licenses for operating the Event, excluding business licenses from the City.
3. All marketing and advertisement related to this Event.
4. All facilities for public use, such as public restrooms and trash receptacles and dumpsters.
5. Reasonable coordination with the District regarding use of the Location; provided, however, that City shall not be responsible for any obligations Contractor may owe directly to the District, unless otherwise agreed to in writing.
COMPLIANCE WITH APPLICABLE LAW: Contractor represents, warrants, and covenants that Contractor and its employees, agents, and independent contractors shall comply with all federal, state and local laws and regulations, including, without limitation, all applicable amusement ride regulations, labor and employment laws, health and safety regulations, fire codes, and any policies or rules imposed by the District for use of the Location. Contractor shall be solely responsible for any citations, penalties, or enforcement actions arising out of its failure to comply with such requirements.
REVENUE: The fee for the above equipment is a percentage rate based on presale tickets and onsite tickets.
This fee will be paid on all tickets sold, regardless of whether the tickets are sold presale or onsite. All tickets sold will be paid to City as follows:
1. Definitions. For the purposes of this Agreement:
(a) “Gross Sales” means the total amount actually received from all ticket sales for Rides at the Event, whether pre-sale or on-site, before any deductions of any kind, including, without limitation, any credit card or processing fees, refunds, chargebacks, complimentary admissions, or discounts. 65320.00001\44419388.2
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(b) “Pre-Sale Tickets” means tickets sold by City prior to 12:00 p.m. on April 16, 2026. (c) “On-Site Ticket Sales” means tickets sold at the Location during the Event dates.
2. PRE-SALE TICKETS: 30% of the Gross Sales from all Pre-Sale Tickets shall be paid to City of Hawaiian Gardens, and 70% shall be paid to Contractor.
3. ONSITE TICKETS: Revenue is paid based on a sliding scale as follows:
(a) All Gross Sales for On Site Ticket Sales that are less than or equal to $25,000, then 20% of the Gross Sales shall be paid to City.
(b) All Gross Sales for On Site Ticket Sales that are between $25,001 to $35,000, then 25% of the Gross Sales shall be paid to City.
(c) All Gross Sales for On Site Ticket Sales that are between $35,001 to $99,999, then 30% of the Gross Sales shall be paid to City.
(d) All Gross Sales for On Site Ticket Sales that are $100,000 or above, then 35% of the Gross Sales shall be paid to City.
4. GAMES: Contractor agrees to pay City $150 per Game that is set up at the Location.
5. FOOD TRAILER: Contractor agrees to pay City $200 for one Food Trailer placed at the carnival site at the Location.
6 RESTROOMS: Contractor agrees to provide & pay for portable restrooms for the public use for the event.
DAILY ACTIVITY REPORT, FINAL AUDIT, AND PAYMENT: Contractor shall provide the City with a daily activity report at the close of business for each day of the Event. Said report shall include a tally of all serial numbered tickets sold for that business day and the Gross Sales amount. Contractor agrees that all ticket monies shall be open for audit at all times during the Event. All revenue due to the City shall be paid at the conclusion of the Event. Notwithstanding any other provision, Contractor shall be responsible for any costs or fees incurred by the City to collect any unpaid revenue from Contractor.
Contractor further agrees to comply with the following:
1. All ticket sales shall be recorded using a ticketing or accounting system reasonably acceptable to City that permits verification and reconciliation of sales.
2. Contractor shall maintain complete and accurate books and records relating to Gross Sales and all payments due under this Agreement for a period of not less than three (3) years after the conclusion of the Event. City, or its designee, shall have the right, upon reasonable advance notice, to audit such books and records during normal business hours.
3. Any additional amounts determined to be due to City as a result of an audit shall be paid by Contractor within thirty (30) days of written notice from City, together with interest at the maximum rate permitted by law accruing from the date originally due.
TAXES: Contractor is responsible for administration of the California Sales and Use Tax where applicable and for the payment of all other applicable taxes, assessments, and fees arising out of Contractor’s operations under this Agreement, including, without limitation, any income, employment, or property taxes. City shall have no responsibility for the payment of any such amounts.
INDEPENDENT CONTRACTOR: Contractor shall act and be an independent contractor and not an agent or employee of the City. Nothing herein shall be interpreted to create a partnership or joint venture between 65320.00001\44419388.2
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Contractor and the City. Contractor shall have exclusive control over the means, methods, and details of performing the Services and over all persons performing such Services. City shall have no right to control the manner or means of such performance but shall be entitled to require strict compliance with the terms of this Agreement. Contractor shall be solely responsible for the compensation, benefits, and direction of its employees and subcontractors and for compliance with all applicable wage and hour laws.
INSURANCE: During the term of this Agreement, Contractor agrees at all times to carry and keep in force, at Contractor's expense, such worker's compensation insurance as may be required by law. Contractor shall also maintain in force for the term of this Agreement a comprehensive liability policy, at Contractor's expense, naming the City, the City Council, and the ABC Unified School District as an additional insured, in the following amounts:
General Liability $ 4,000,000.00
Automobile Liability
Bodily Injury and Property Damage $ 1,000,000.00
Prior to commencing any work for the City or receiving payment, Contractor shall deliver to the City appropriate documents certifying the existence and coverage of such insurance stated above.
INDEMNIFICATION: Contractor shall indemnify, defend, and hold harmless the City, its officers, officials, employees and agents and the ABC Unified School District, its officers, officials, employees and agents, (collectively “Indemnitees”) from and against any and all claims, damages, losses and expenses, including attorney fees, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization, arising out of the intentional or negligent acts, errors, or omissions of Contractor, its agents, employees, or subcontractors in connection with this Agreement or Contractor’s use or occupancy of the Location. The only exception to Contractor’s duty to indemnify, defend and hold harmless Indemnitees shall be the intentional misconduct or gross negligence by the Indemnitees.
TERMINATION; CANCELLATION OF EVENT:
1. Termination for Convenience. City may terminate this Agreement for convenience upon ten (10) days’ prior written notice to Contractor. In such event, Contractor shall be entitled only to payment of any amounts then due and owing to Contractor and shall not be entitled to any lost profits, consequential damages, or other compensation.
2. Event Cancellation. City may suspend or cancel the Event, in whole or in part, without liability to Contractor (other than payment of amounts then due as described above), in the event of inclement weather, public safety concerns, acts of God, or other conditions that, in City’s reasonable judgment, make it unsafe or impracticable to continue the Event.
3. Termination for Cause. City may terminate this Agreement immediately upon written notice if Contractor materially breaches any provision of this Agreement, including, without limitation, failure to maintain required insurance, failure to timely obtain required permits, or unsafe operation of Rides or equipment, and fails to cure such breach within any applicable cure period stated in City’s notice (if a cure is reasonably possible).
ASSIGNMENT; SUBCONTRACTING: Contractor shall not assign or transfer this Agreement, in whole or in part, without the prior written consent of City, which City may grant or withhold in its sole discretion.
Contractor may use subcontractors to perform portions of the Services so long as Contractor remains fully responsible for their acts and omissions. Any assignment made in violation of this Section shall be null, void, and of no effect.
GOVERNING LAW; VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any action or proceeding arising 65320.00001\44419388.2
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out of or relating to this Agreement shall be brought exclusively in a state court of competent jurisdiction located in Los Angeles County, California.
ENTIRE AGREEMENT; AMENDMENTS: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings, or agreements, whether written or oral, relating to such subject matter. This Agreement may be amended only by a written instrument executed by both City and Contractor.
SEVERABILITY; WAIVER: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. No waiver of any breach or default shall be effective unless in writing and signed by the party granting the waiver, and no such waiver shall be deemed a waiver of any subsequent breach or default.
AUTHORITY TO ENTER INTO AGREEMENT: The signatory on behalf of the Contractor represents and warrants that he or she has the authority to enter and be bound by the terms of this Agreement.
It is hereby agreed and understood that both parties have read this agreement thoroughly and it is entirely understood by both parties as confirmed by their signatures below.
KASTL AMUSEMENTS
_________________________________________ ___________________________________ Dated
_________________________________________
(Print Name)
CITY OF HAWAIIAN GARDENS
__________________________________________ ___________________________________ City Manager Dated
Attest:
__________________________________________
City Clerk
Approved as to form:
__________________________________________
City Attorney