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HomeMy WebLinkAbout2020-11-16-I01E Carnival ContractAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 16, 2020 AGENDA ITEM:Consideration of approval of a resolution approving Amusement Ride and Concession Agreement with Spectacular Amusements, Inc. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: City Staff has been working with Spectacular Amusements Inc. since July 2020. Spectacular Amusements was supposed to provide the mechanical rides for the 2020 4th of July event that was cancelled due to COVID-19. The new contract is a three year contract to provide mechanical ride services for 2021, 2022, and 2023. The City will pay Spectacular a non-refundable security deposit of $10,000 to guarantee arrival and performance by Spectacular. The City guarantees to SPECTACULAR the event will result in $21,000 in gross ticket sales for amusement rides for the events held in 2021 and 2022. The City guarantees to SPECTACULAR the event will result in $26,000 in gross ticket sales for amusement rides for the event held in 2023. If the guarantee is not reached in ticket sales, the City will pay the difference to SPECTACULAR upon the conclusion of the event, less the amount paid to SPECTACULAR in the form of the security deposit. If gross ticket sales exceed $26,000, SPECTACULAR agrees to pay 20% of the gross ticket sales exceeding $26,000.00 from amusement rides to the City upon the conclusion of the event in addition to refunding the security deposit paid by the City. The City agrees that SPECTACULAR may retain revenues non-amusement rides including its concessions and games that it operates. The new contract also addresses Termination/Event Cancellation in the event that a federal, state, or local governmental declaration of emergency, public health emergency, or public danger exists. The City has the right to terminate this agreement, without cause, by giving notice to Spectacular on or before each October 1st. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY: Matt Jermier REVIEWED BY: I1E PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING AMUSEMENT RIDE AND CONCESSION AGREEMENT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee annually hosts a 4th of July celebration with activities and amusements for all ages; AND, WHEREAS, the City of Waukee Park Board wishes to enter into a three-year contract with Spectacular Amusements for amusement rides and concessions to be provided during the City of Waukee 4th of July celebration; AND, WHEREAS, the City Attorney has reviewed the agreement and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Amusement Ride and Concession Agreement with Spectacular Amusements is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 16th day of November, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair