1 TO: Mayor and City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Emma Kelley, Recreation Manager
MEETING DATE: May 16, 2023
SUBJECT: Discussion and Consideration of the Approval of Various Agreements Related to Founders Day 2023
RECOMMENDATION
Approve and authorize the City Manager and City Clerk to execute the agreements.
BACKGROUND
Founders Day has become a signature event in Lomita which has taken place annually on the last Saturday in June (until recently at Lomita Park, but now in Downtown Lomita) and includes food, music, community group informational tables, carnival games, and youth-oriented activities, and a popular fireworks show.
This year’s event has been planned to be a two-day celebration on Saturday, June 24th and Sunday, June 25th. Staging and street closure for this year’s event will begin on Friday, June 23rd at 12:00 PM. This will allow the stage, sound, rides, carnival game booths, and vendors to begin the Founders Day set up.
SECURITY
To ensure the safety of all equipment, rides, games, and other items put in place on Narbonne Ave for the two-day event proper security will be required. The agreement proposed includes 12 unarmed security guards each night beginning on Friday, June 23rd at 8:00 PM until the morning of Monday, June 26th at 7:00 AM.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. SCH 8c
2 GAMES AND RIDES
The proposed agreement includes 8 carnival game booths. To keep within available budgets the agreement does not include prizes for games, but the game booths will be complimentary for families of all ages to play on both days and will not require prepayment for tickets. A Ferris wheel and super slide will be this year’s main carnival rides attractions. Unlimited ride wristbands will be sold in advance again this year and rides will require a wristband to ride. Wristbands will be available for pre-sale purchase at City Hall and Lomita Park, and on Saturday, June 24th and Sunday, June 25th during the Founders Day event at the City Hall information tent.
A sperate company was selected and approved to provide and deliver two trackless trains for families to enjoy for Founders Day weekend. This agreement has already been executed and is not before the Council with this action.
DISCUSSION
Staff solicited proposals from multiple companies capable of providing unarmed security guards and Galaxy Security was selected (proposal attached as Exhibit A & B) to provide night security for Founders Day weekend.
The attached agreement, if approved by the City Council, would secure the required unarmed security guard vendor in an amount not to exceed $11,400.
Staff solicited proposals from multiple companies capable of providing carnival rides and attractions, but due to the COVID-19 pandemic many local companies were forced to close. Staff reached out to multiple companies including some in Northern California, and they declined the offer due to the travel distance. The only Southern California company available for the event window was James Events, and they were selected (proposal attached as Exhibit C) to provide two carnival rides and 8 games booths with no prizes.
Rides and game booths will be staffed by James Events personnel, for Founders Day weekend to allow City personnel to better manage the event.
The attached agreement, if approved by the City Council, would secure the carnival rides and attractions vendor in an amount not to exceed $28,200.
OPTIONS
1. Authorize the execution of the agreements; or
2. Provide staff with further direction.
FISCAL IMPACT
The cost to provide Founders Day unarmed security guards is $11,400. The cost of providing carnival rides and 8 game booths is $ 28,200, for a total of $39,600 and will be covered within the Lomita Presents Founders Day account, 100-735-5755.118. 3 Sponsorships and private donations generally offset some of the costs related to the Founders Day event.
ATTACHMENTS
1. Agreement with Galaxy security including proposal (Exhibit A & B)
2. Agreement with James events including proposal (Exhibit C) Reviewed by: Approved by:
___________________________ __________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
__________________________
Emma Kelley
Recreation Manager
Galaxy Security Company, Inc
SECURITY SERVICES AGREEMENT
This Agreement made May 10th , 2023 by and between Galaxy Security Company, Inc and City of Lomita _______________________; ("Client")
The Parties Agree as Follows:
Client requests that Galaxy Security Company, Inc furnish Client, on the terms and subject to the conditions of this Agreement, the services of Galaxy Security Company, Inc Personnel ("Security Officers") and related equipment at Client's premises located at 24300 Narbonne Ave, Lomita, CA 90717 ; ("Premises").
The number of Security Officers, the times at which Security Officers shall render services to Client, the equipment to be furnished by Galaxy Security Company, Inc and the rates and amount to be paid by Client to Galaxy Security Company, Inc for such services and equipment are set forth in the Schedule of Charges for Security Services and Equipment which is on the last page of this Agreement. Galaxy Security Company, Inc is providing such services and equipment subject to all the terms and conditions hereof.
Galaxy Security Company, Inc will render invoices to Client every week, or longer intervals as Galaxy Security Company, Inc and Client agree to in writing. The first billing period for said services will begin __6__/_23__, 2023 at __ 7 Hours. ( 5:00PM ) and shall continue till ___6__/_26__ 2023 _ 7 _ Hours ( 7:00AM ) Invoices will be dated by Galaxy Security Company, Inc the last day of each billing period and are due and payable in full by Client upon receipt.
It shall be presumed that all invoices mailed to Client are received by Client within two days of emailing. All amounts not paid within One days (1) day of the date of invoice will be deemed overdue and will bear late charges at the lower of 2% per month or the maximum percentage allowed by law.
This Agreement shall not be binding on Galaxy Security Company, Inc unless accepted in writing by an authorized agent of Galaxy Security Company, Inc , and is terminable at any time by Galaxy Security Company, Inc or Client upon one (1) day of written notice to the other party.
SECURITY SERVICE -
The services to be rendered under this Agreement by Galaxy Security Company, Inc shall be in conformity with written operating procedures (Post Orders) mutually agreed upon by Client and Galaxy Security Company, Inc. If, at the request of Client, Security Officers are assigned duties other than those agreed to by Galaxy Security Company, Inc, Client shall assume any and all liability arising there from. Post Orders are subject to change as required by Client and must be communicated to Galaxy Security Company, Inc in writing. Galaxy Security Company, Inc will remove from service, as soon as qualified replacement is available, any officer who, in Galaxy Security Company, Inc opinion, is not qualified to perform the work assigned.
If Client takes exception to any services performed hereunder or claims that Galaxy Security Company, Inc has failed to perform any services, such exception or claim must be submitted in writing to Galaxy Security Company, Inc within (5) business days or services in question shall be deemed accepted by Client.
PERSONNEL –
Client authorizes and empowers Galaxy Security Company, Inc personnel, including but not limited to Security Officers, to enter onto and into the Premises for the purpose of rendering services pursuant to this Agreement and all other purposes and activities reasonably related thereto. Client warrants and represents that it is in legal possession of the Premises, or that it is duly authorized to enter into this Agreement and make the authorization set forth in this paragraph, on behalf of the person or entity in legal possession of the premises.
All Security Officers and other personnel of Galaxy Security Company, Inc are the employees or agents solely of Galaxy Security Company, Inc, and not the Client. Galaxy Security Company, Inc reserves the right to Exhibit A
hire, suspend, discipline or discharge any and all of its Security Officers and other personnel. If Client is dissatisfied with the services of a particular Security Officer and if Client notifies Galaxy Security Company, Inc , in writing, of its dissatisfaction, then so long as such dissatisfaction is reasonable, Galaxy Security Company, Inc shall endeavor to replace such Security Officer with another Security Officer as soon as practicable. Galaxy Security Company, Inc is acting solely as an independent contractor.
Client agrees not to employ, directly or indirectly, any person who has been employed by Galaxy Security Company, Inc within one hundred and twenty (120) days following the last day Galaxy Security Company, Inc employed such person.
In the event Client breaches this provision, then, in addition to any and all other remedies to which Galaxy Security Company, Inc shall be entitled, Client agrees to pay Galaxy Security Company, Inc forthwith the sum of Three Thousand Dollars ($3,000.00) per person to cover Galaxy Security Company, Inc recruitment, screening and training costs.
If additional personnel/coverage is desired by Client after the rate effective hereof, the rate to be charged hereunder will be agreed to at that time.
PROTECTIVE CLOTHING -
Unless otherwise requested by Client, Client understands that Security Officers shall be equipped with uniforms and apparel that are conventional wearing apparel only, and that the rates and charges as set forth under "Rates" are based upon Security Officers being equipped with conventional wearing apparel. Uniforms and apparel are not designed as protective clothing, are not flame retardant or acid resistant, and do not provide barrier protection for chemicals or other hazardous materials.
STRIKE COVERAGE -
Due to the nature of labor disputes, this contract does not provide Security Officer Coverage for strikes. Should the need arise to provide Client with strike coverage, a separate contract and pricing must be negotiated.
BILLING, TERMS AND RATES -
Client hereto agrees that Galaxy Security Company, Inc shall have the right to increase the hourly rates provided for herein at any time or times after the expiration or one (1) year from the date hereof, upon giving Client written notice thirty (30) days in advance of the effective date of such increase. If Client desires not to pay such increased charge, Client must notify Galaxy Security Company, Inc in writing ten (10) days prior to the effective date of any such increase. Failure by Client to give Galaxy Security Company, Inc such notice shall be deemed agreed to by Client to the increased rates.
Notwithstanding anything to the contrary herein, in the event the direct labor cost of Galaxy Security Company, Inc is increased by virtue of any increase in state or federal minimum work rates, other legislation, regulation or taxes, Galaxy Security Company, Inc may increase its rates to reflect such increase. In addition, the rates may be increased in the event of any strike or emergency conditions which render the services more difficult to provide.
PROPERTY -
Client acknowledges and agrees that this Agreement is for the providing of services only, that all equipment furnished by Galaxy Security Company, Inc pursuant to this Agreement shall be for the use of Galaxy Security Company, Inc personnel, that title and possession of such equipment shall remain in Galaxy Security Company, Inc at all times, and that the personnel Galaxy Security Company, Inc may enter onto and into the Premises after a 24 hour notice has been given to client to remove the equipment. Removal of any or all such equipment shall be without prejudice to the rights of Galaxy Security Company, Inc to the collection of all amounts due under this Agreement.
LIMITS OF LIABILITY -
Client acknowledges that Galaxy Security Company, Inc is not an insurer, and that the security services provided hereby do not constitute maximum security. The security services are intended to act only as a deterrent and to provide only a degree of security to carry out the written operating procedures or Post Orders. The amounts payable to Galaxy Security Company, Inc under this Agreement are not based upon the value of the Client's property, nor the property of others located in or about Client's premises. The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered hereunder shall create or be deemed to create any rights in any other party as a third-party beneficiary. Client agrees to indemnify and hold Galaxy Security Company, Inc harmless against any and all claims by such third parties. Galaxy Security Company, Inc shall maintain Workers' Compensation Insurance covering its Security Officers and other personnel engaged in the furnishing of services under this Agreement. In addition, Galaxy Security Company, Inc shall maintain for its own protection Comprehensive General Liability and Automobile coverage. Galaxy Security Company, Inc shall not be liable for any claim, demand or liability resulting in whole or part from any negligent or willful act of Client, or any of Client's employees, officers, directors or representatives.
TERMINATION AND RIGHTS -
If Client shall fail to pay any amount hereunder within thirty (30) days after the same is due and payable, or if Client shall fail to perform any other provision hereof within ten (10) days after Galaxy Security Company, Inc shall have requested in writing the performance thereof, or if any proceeding in bankruptcy, receivership of insolvency shall be commenced by or against Client or Client's property, or if Client makes any assignment for the benefit of creditors, Galaxy Security Company, Inc shall have the right, without prior notice to Client, immediately to terminate this Agreement and cease rendering all services to Client hereunder, and Galaxy Security Company, Inc shall be entitled to recover the existing amount due from Client and all other sums to which Galaxy Security Company, Inc may be entitled under law, and shall be entitled to remove from the Premises all equipment furnished by Galaxy Security Company, Inc located or installed thereon. Removal of any such equipment or the cessation of any such services supplied by Galaxy Security Company, Inc shall not be a breach by Galaxy Security Company, Inc of this Agreement or a waiver by Galaxy Security Company, Inc of any damages or rights.
Client agrees to pay Galaxy Security Company, Inc the reasonable costs incurred by Galaxy Security Company, Inc in collection of any amounts owed by Client, or in enforcing any other rights of Galaxy Security Company, Inc hereunder, including, in the event Galaxy Security Company, Inc institutes legal proceedings to collect such amounts or enforce such rights, reasonable attorney's fees and disbursement incurred in such proceedings.
Galaxy Security Company, Inc assumes no liability for delay or interruption of the services of any personnel of Galaxy Security Company, Inc due to strikes, riots, floods, fires, acts of the public enemy, terrorism or any cause beyond the control of Galaxy Security Company, Inc , or any act of God or matter of force majeure.
Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled at arbitration in accordance with the Commercial Arbitration Rules of American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall take place in Los Angeles, California. Any party hereto may obtain any provisional remedy, including but not limited to an attachment in any court of competent jurisdiction, without waiving the right to arbitration.
In the event any of the terms or provisions of this Agreement shall be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect.
This Agreement is intended by the parties as a final expression of their agreement and is a complete and exclusive statement of the terms thereof. This Agreement supersedes all prior representations, understandings and agreements of the parties and the parties rely upon the contents of this Agreement in executing it. This Agreement can only be modified by an agreement signed by the parties. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach of any other term or condition of this Agreement.
This Agreement shall be governed by, and its terms construed in accordance with, the laws of the California.
This Agreement contains no implied terms. Nothing herein shall be deemed to be for the benefit of any person or entity not a party hereto.
Any notices, demands or other communications required or desired to be given hereunder by any party hereto shall be in writing and shall be deemed to have been given if delivered personally, delivered by a reputable overnight courier, or sent by registered or certified mail, return receipt requested (deposited in postage prepaid) to the party at the address set forth at end of this Agreement (unless and until a party shall give notice of change of address and such new address shall be the place to which notices, demands or other communications can be delivered or mailed).
Galaxy Security Company, Inc is an Equal Opportunity Employer, and provides a drug-free workplace. All Clients are expected to comply with the regulations that pertain to both.
HOURS OF GUARD SERVICE
Twelve Unarmed Security Officer(s)
456 Hours.
Schedule:
12 unarmed guards
Friday, June 23rd 5:00pm – 7:00am
Saturday June 24th: 8:00pm – 7:00am
Sunday June 25th: 6:00pm – 7:00am
1. BILLING RATES:
Per Hour Rate $ 25.00 p/hr (Per Hour)
DETAILS:
A. All officers will be in full uniform.
CLIENT HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT AND HAS READ AND UNDERSTOOD THE TERMS AND CONDITIONS HEREOF.
E & G Management Galaxy Security Company, Inc
BY: BY:
Authorized Signature Authorized Signature
Michael Valcarce ___
Signer's Name (Typed or Printed) Signer's Name (Typed or Printed) CEO______________
Signer's Title Signer's Title
May 10th, 2023 ______
Date Date
___________________________________
___________________________________
___________________________________
___________________________________
3134 W 182ND St Torrance, Ca 90504 I Tel (888) 304-2529 I Cell (818) 855-0530 I Email [email protected] Website https://galaxysecuritycompanyinc.com/ GALAXY SECURITY COMPANY INC.
PPO #120873
GALAXY SECURTITY COMPANY INC.
PROPOSAL
TABLE OF CONTENTS
I. Company Introduction
II. Current Security Officers
III. License and Insurance Information
IV. Security Officer Training
V. What to Expect from a Galaxy Security Officer?
VI. How Your Unarmed Security Officer Patrols Will Be Done VII. Subjects of Post Orders
VIII. Gallery of Unarmed Security Officers Uniform
IX. Unarmed Security Officer Rate
3134 W 182ND St Torrance, Ca 90504 I Tel (888) 304-2529 I Cell (818) 855-0530 I Email [email protected] Website https://galaxysecuritycompanyinc.com/ GALAXY SECURITY COMPANY INC.
PPO #120873
Proposal
Hello City of Lomita,
Here is your unarmed security officer proposal.
I. Company Introduction
Galaxy Security is a fast, steady growing security company based in California. We are a BBB certified C class corporation that has been in business for over two years. We have the best site manager in the business that has over twenty-five years of security management experience. Mike is the primary point of contact and is the staple and backbone of Galaxy.
Mike will handle any situation that should arise and can replace your guard within a one-hour window.
II. Current Security Officers
• Galaxy currently has over one hundred and fifty currently employed security officers.
Eighty-five percent of staff is full time.
• Galaxy currently has ten supervisors employed as of May 2023.
III. License and Insurance Information
A. Galaxy is fully licensed by the Bureau of Security and Investigative Service.
PPO#120873
B. Commercial General Liability is insured by PartnerRE Insurance Solutions Bermuda I for four million dollars.
C. Workers’ Compensation and Employee Liability is insured by State Fund of California for one million dollars
D. Umbrella Liab is insured by PartnerRE Insurance Solutions Bermuda I for one million dollars.
E. Automobile Liability is insured by United Financial Casualty Company for one million dollars.
3134 W 182ND St Torrance, Ca 90504 I Tel (888) 304-2529 I Cell (818) 855-0530 I Email [email protected] Website https://galaxysecuritycompanyinc.com/ GALAXY SECURITY COMPANY INC.
PPO #120873
IV. Security Officer Training
Security officers are certified by BSIS: Guard Card. Security officer is also trained by Galaxy Security this training includes an Eight Hour orientation before working. This extensive training is videos on the all the various skills we expect from our employees. These videos include:
• Sexual Harassment,
• Resolving Conflicts,
• Patrolling,
• Reporting,
• Public Relations,
• Law of Arrest,
• Crowd Control,
• Traffic Control,
• Active Shooter Defense.
Security officers are tested by our qualified manager Jesus J. Mojica after video. To ensure every Galaxy security officer is properly trained and fully understand how to handle each situation expected from officers.
V. What to expect from a Galaxy Security Officer?
1. Security officer will deter theft, make arrest if need, enforce no trespassing to trespassers and loiters.
2. Equipped with pepper spray and handcuffs and current Guard Card.
3. Security officer can patrol premises as much as needed.
4. Security officer will observe and report once every hour or as often as client request. Such reports will be done digitally.
5. Incident reports will be done digitally and physically, Galaxy supervisor will be immediately contacted.
6. Fully uniformed in Galaxy Security shirt with Galaxy patches on each shoulder and orange vest if applicable. Black tactical pants, supervisors will have green tactical pants. For footwear all security officers will wear Black Tactical boots.
7. On time. Galaxy security officers are constantly monitored on work habits and performance which will determine employment within the company. 3134 W 182ND St Torrance, Ca 90504 I Tel (888) 304-2529 I Cell (818) 855-0530 I Email [email protected] Website https://galaxysecuritycompanyinc.com/ GALAXY SECURITY COMPANY INC.
PPO #120873
VI. How Your Unarmed Security Officer Patrols Will Be Done Security officer can check ID’s give wristbands, Security officer can patrol premises as often as discussed with client. Further details on where security officer will be posted up at will be discussing with client. Security officer can also deter theft and enforce no trespassing laws while on duty at the property.
VII. Subjects of Post Orders
• Check ID’s
• Deter theft
• Enforce no trespassing laws
VIII. Gallery of Unarmed Security Officers Uniform
IX. Unarmed Security Officer Rate
Hourly rate is twenty-five dollars and zero cents U.S. ($25.00) Price Breakdown will be on 5
th page. See below.
3134 W 182ND St Torrance, Ca 90504 I Tel (888) 304-2529 I Cell (818) 855-0530 I Email [email protected] Website https://galaxysecuritycompanyinc.com/ GALAXY SECURITY COMPANY INC.
PPO #120873
12 unarmed guards
Friday, June 23rd 5:00pm – 7:00am (14 Hours per guard) * 25 (hourly rate per guard) = $350.00 (per guard) * 12 guards = $4,200.00 (total for this shift) Saturday June 24th: 8:00pm – 7:00am (11 hours per guard) * 25 (hourly rate per guard) = $275.00 (per guard) * 12 guards = $3,300.00 (total for this shift) Sunday June 25th: 6:00pm – 7:00am (13 hours per guard) * 25 (hourly rate per guard) = $325.00 (per guard) * 12 guards = $3,900.00 (total for this shift) $11,400.00 (total for the whole event)
4.24.2023 Page 1 of 6
April 24, 2023
Emma Kelley
CITY OF LOMITA
24300 Narbonne Ave.
Lomita, CA 90717
[email protected]
310.326.0140
DATE: Saturday & Sunday, June 24-25, 2023
TIME: Saturday, June 24: 10:00 Am – 9:30 PM
Sunday, June 25: 10:00 AM – 6:00 PM
SET UP TIME: Friday, June 23, 2023 after 1:00 PM TBD
(Exact time to be determined week of your event. Be assured that all equipment will be delivered and in place within a reasonable amount of time prior to your event.)
LOCATION: Lomita City Hall
24300 Narbonne Ave, Lomita, CA 90717
CONTACT: Emma C: 310.745.6990 / 424.305.0029
Mike C: 310.597.6425
JOB #: 06219-JT
Signed contract must be received in our office by Friday, May 13, 2022 to ensure all items are held for your event.
50% Deposit must be received in our office by Friday, May 20, 2022.
Exhibit B
4.24.2023 Page 2 of 6
EQUIPMENT AND ATTRACTION RENTAL CONTRACT
JAMES EVENT PRODUCTIONS, INC., 1116 N. Olive St., Anaheim, CA 92801-2541 (hereinafter referred to as "Producer") and City of Lomita (hereinafter referred to as "Client") hereby enter into this contract for Producer to rent equipment and/or amusement attractions as described below to Client.
DATE: Saturday & Sunday, June 24-25, 2023
TIME: Saturday, June 24: 10:00 Am – 9:30 PM
Sunday, June 25: 10:00 AM – 6:00 PM
SET UP TIME: Friday, June 23, 2023 after 1:00 PM TBD
(Exact time to be determined week of your event. Be assured that all equipment will be delivered and in place within a reasonable amount of time prior to your event.) LOCATION: Lomita City Hall
24300 Narbonne Ave, Lomita, CA 90717
CONTACT: Emma C: 310.745.6990 / 424.305.0029
Mike C: 310.597.6425
JOB #: 06219-JT
Producer will provide the following:
ATTRACTIONS
Ferris Wheel with Power
25’ x 55’ space needed
Includes attendants, delivery, set up and operation
Giant Slide with Power
25’ x 115’ space needed
Includes attendants, delivery, set up and operation
8 Carnival Booth Games with Lights
with staff or prizes
Any permits required are the responsibility of the client.
4.24.2023 Page 3 of 6
1. Terms of Payment
A. Client will pay $28,200.00 to Producer for the above-described equipment or attraction rental.
This amount represents a cash or check discount. There will be a 3.65% cost increase for all other transactions.
B. Upon signing of this agreement, Client agrees to pay to Producer a 50% deposit of $14,100.00.
The balance of the Contract is due by Friday, June 16, 2023.
2. Insurance
Producer will provide comprehensive general liability insurance and property damage in the total amount of Three Million Dollars ($3,000,000.00). Producer agrees to provide liability and property damage insurance in the amount of $3,000,000.00 naming your organization as additionally insured, a certificate for which to be issued by Producer's insurance company, if requested by Client, prior to the date of equipment or attraction rental. Client will provide Producer with a copy of comprehensive general liability insurance and property damage naming James Productions, Inc as additionally insured. Certificate to be provided prior to the event.
3. Indemnity
Client shall indemnify and hold harmless, Producer, its employees, executives and agents from and against any and all damages, liabilities, claims, costs, expenses, attorney’s fees, etc. incurred by Producer directly or indirectly, in connection with the rental of the above named rental equipment and/or attraction or attractions. Any injuries, damages or losses must be reported by any person to Producer on the day of the Event and failure to report such injury, damage or loss in writing may result in a waiver of insurance coverage. In such event, Producer shall bear no responsibility for such injury or damage.
4. Condition of Rental Equipment
Producer agrees to deliver equipment for rental in a safe and fully operable condition. Client agrees that all of Producer's safety instructions will be followed and assumes full liability for any damage to equipment as a result of Client's or any of Client's guests or Client's employees', executives' or agents' failure to follow Producer's instructions concerning said equipment.
4.24.2023 Page 4 of 6
5. Cancellation
A. Client may cancel the Event by notifying Producer in writing, but such cancellation shall be subject to the following schedule of cancellation fees to be deducted from the deposit on hand or, if insufficient, to be paid with additional funds from Client to Producer:
1. If Producer receives Client’s written cancellation more than ninety (90) days before the date of the Event, the cancellation fee due from Client to Producer shall be 50% of the full contract price of the Event.
2. If Producer receives Client’s written cancellation between thirty (30) and ninety (90) days before the date of the Event, the cancellation fee due from Client to Producer shall be 75% of the full contract price of the Event.
3. If Producer receives Client’s written cancellation less than thirty (30) days before the date of the Event, the cancellation fee due from Client to Producer shall be 100% of the full contract price of the Event.
6. Postponement
A. Client may request to postpone the Event by notifying Producer in writing no less than thirty (30) days before the date of the Event. Upon receiving such a request, Producer will make reasonable efforts to reschedule the Event within twelve (12) months of the date of the Event.
Producer will apply any deposits received from Client toward any expenses Producer incurs as a result of the postponement, with the balance applying toward the contract price for the rescheduled Event.
B. Client may request to postpone the Event by notifying Producer in writing no less than one (1) day before the date of the Event in the case of Acts of God, as defined as flash floods, tornado, hurricane, windstorm, earthquake or other natural disasters or when performance of this Agreement would be otherwise inadvisable, commercially impracticable, illegal, or impossible due to an event or circumstance beyond the parties’ control. Upon receiving such a request, Producer will make reasonable efforts to reschedule the Event within twelve (12) months of the date of the Event. Producer will apply any deposits received from Client toward any expenses Producer incurs as a result of the postponement, with the balance applying toward the contract price for the rescheduled Event.
C. If, after reasonable efforts, Producer is unable to reschedule the Event within twelve (12) months of the date of the Event, Producer will retain any deposits received from Client as its full fee, and neither party shall have any further obligations to the other party under this Agreement.
4.24.2023 Page 5 of 6
7. Inclement Weather or Acts of God
If the Client requests cancellation due to substantial inclement weather or acts of God, such as flooding, windstorm, earthquake and/or a public health emergency mandated by the CDC and Federal Government”, the Producer will make reasonable efforts to reschedule the Event.
Written notification of such requests by Client must be received by the Producer at its office not less than one (1) day prior to the Event. If the parties mutually agree prior to the Event to cancel and reschedule the Event, any deposits received from Client will be applied to the contract price for the rescheduled Event. If Producer, after reasonable efforts, is not able to reschedule the Event within twelve (12) months of the originally scheduled Event, the Producer will retain the deposits received from Client as its full fee and neither party shall have any further obligations to the other under this agreement. The final decision as to whether the cancellation of an Event should be held due to inclement weather or acts of God shall be at the sole discretion of the Producer. However, discretion shall be reasonably applied.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective on the date and year when executed by Producer.
A signed copy of this contract must be sent to James Event Productions prior to the Event date.
JAMES EVENT PRODUCTIONS, INC. CITY OF LOMITA
Jason Thibert Print
Date Sign
Date
4.24.2023 Page 6 of 6
CARE OF OUR BOOTHS & BOOTH GAMES
Please read this information and sign below to signify your agreement to the terms. Pass this “care” sheet along to your volunteers to ensure their knowledge of the items below. ▪ Do not tape, staple, or glue any items to the painted wooden booth sides, tabletops, canopies or canopy legs
▪ Teenage volunteers under the age of 16 must be supervised by an adult ▪ If any equipment becomes damaged or lost during your event, please advise the onsite Event Manager immediately
Acceptable ways to attach your signage:
Use items such as zip ties, string, rope, carabineers or pipe cleaners to adhere your signs to the frame of the canopy. By punching holes in the top and/or sides of your signs it will make it easier to attach them.
Please sign and return this to our office with your contract.
Signature:
Organization:
Date: