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Home My WebLink About2022-02-22-I01E_03 4th of July Des Moines Skydivers AgrAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 22, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement between the City of Waukee, Iowa, and Des Moines Skydivers, LLC in the amount not to exceed $2,799.41 FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The agreement between the City of Waukee, Iowa, and Des Moines Skydivers, LLC is for a skydiving demonstration during the Waukee Independence Day Celebration. The demonstration will include four jumpers, utilizing pyrotechnics in Red, White, and Blue. The landing location for the demonstration will be in Centennial Park just west of the softball fields. Should the event need to be cancelled due to weather, the City would only be responsible for the test jump pyrotechnics and the insurance application fee of $50. Should the City of Waukee decide to cancel the event for any reason, we would be responsible for the same. The tentative jump time is set for 8:00 p.m. on July 4th. The City Attorney has reviewed this agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Approve Payment RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Agreement PREPARED BY: Matt Jermier REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1E3 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT BETWEEN THE CITY OF WAUKEE, IOWA, AND DES MOINES SKYDIVERS, LLC 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 contract with Des Moines Skydivers, LLC, for a demonstration jump as part of the 4th of July festivities; 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 Agreement between the City of Waukee, Iowa, and Des Moines Skydivers, LLC is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 22nd day of February, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair DEMONSTRATION JUMP AGREEMENT (Certificate of Authorization Required) THIS AGREEMENT is made this 7th day of February, 2022 between the Des Moines Skydivers, LLC. (“DMSD”) and City of Waukee (“Customer”). WHEREAS, Customer desires to engage DMSD to perform a parachute demonstration jump or jumps at Waukee Centennial Park on 4 July 2022, (rain date: ______N/A________________); and WHEREAS, DMSD desires to perform the aforementioned parachute demonstration jump; NOW THEREFORE, the parties agree as follows: 1. DMSD shall perform ONE demonstration jump(s), consisting of FOUR jumpers per jump, into the aforesaid location on the aforesaid date, commencing at approximately 8:00 PM. The demonstration jump shall include the following (flags, smoke, streamers, etc.): JUMPER #1: ONE AMERICAN FLAG, JUMPERS #2 THRU #4: SMOKE CANISTERS 2. Upon execution of this agreement, Customer shall pay a deposit of $2,799.41 to DMSD. Customer understands that, in order to perform the requested demonstration jump(s), DMSD must procure necessary FAA approval and liability insurance, and will incur other incidental costs in preparation for the demonstration jump(s). As such, Customer understands and agrees that the deposit funds will be used for said approvals and incidental costs and, except as provided in paragraph 9, below, shall be non-refundable. 3. Prior to the demonstration jump(s), DMSD will provide Customer with proof of liability insurance in the amount of $1 MILLION, covering DMSD, Customer, and any additional persons reasonably requested by Customer. 4. DMSD will exercise best efforts to acquire the necessary authorizations from the Federal Aviation Administration (FAA) to conduct the demonstration jump(s). Customer shall cooperate by providing necessary proof of permission by landowners and diagrams or photographs of the landing area and surrounding grounds. 5. From the time of exit by the jumpers from the aircraft until the last jumper has landed, Customer shall ensure that the designated landing area is kept clear of all persons, other than those persons under the direction of DMSD’s ground crew. Customer understands that, for the safety of the jumpers and persons on the ground, it must Page 2 of 3 provide sufficient personnel to ensure that the landing area is kept clear during the demonstration jump(s). 6. Within ten days of completion of the demonstration jump, Customer shall pay DMSD an additional amount of $0.00, for a total cost to Customer of $2,799.41. Should the demonstration jump be canceled (a) by DMSD pursuant to paragraph 9, below, or (b) by Customer, prior to departure of DMSD’s aircraft for the purpose of traveling to the demonstration jump or a staging area, Customer shall owe DMSD nothing further, other than the deposit provided for in paragraph 2, above. If Customer cancels the demonstration jump after departure of DMSD’s aircraft, Customer shall owe DMSD an additional amount of $300.00. 7. Customer understands that, in order to perform the requested jump(s), specially licensed and rated jumpers must be used and, further, that the number of qualified jumpers in the state is limited. DMSD will exercise best efforts to provide the requested number of jumpers. However, should DMSD be unable to provide the requested number, for whatever reason, it shall promptly notify Customer of such fact and, at Customer’s option, perform the demonstration jump with the number of jumpers available or cancel the jump. Should Customer elect to have DMSD perform the jump with a lesser number of jumpers, the total amount owing by Customer to DMSD shall be reduced by $200 multiplied by the difference between the agreed upon number of jumpers in paragraph 1, above, and the actual number of jumpers who perform the demonstration jump(s). 8. Customer understands that the conducting of a parachute demonstration jump is a complex and difficult endeavor and is subject to many variables that may partially or wholly affect the quality, visual effectiveness, or presentation of the jump. Such variables may include, among others, errors in timing, visibility problems, equipment malfunction, or off-target landings. Nonetheless, Customer agrees to pay DMSD the full amount owed pursuant to this Agreement regardless of any actual or perceived defects in the quality, visual effectiveness, or presentation of the demonstration jump(s). 9. DMSD shall have the absolute and sole discretion to cancel the demonstration jump(s) for reasons of weather, equipment or aircraft malfunctions, lack of FAA authorization, cancellation or unavailability of pilots or jumpers, unsafe conditions, breach of this contract by Customer, or any other good cause. If DMSD cancels the demonstration jump(s) for a cause attributable to Customer or persons other than DMSD associated with the event, DMSD shall be entitled to retain the entire deposit paid by Customer pursuant to paragraph 2, above. If DMSD cancels the demonstration jump(s) for any other reason, it shall refund Customer any amounts Customer has paid, including the aforesaid deposit, less the administrative charges incurred by DMSD for cancellation of the liability insurance, the cost of any consumables (smoke, etc) and aircraft operational charges for practice jumps, and any other incidental costs incurred. Page 3 of 3 10. DMSD shall not be liable to Customer for any damages caused by the cancellation (with or without good cause) or performance of the demonstration jump(s) contemplated by this Agreement, other than as provided for herein. Under no circumstances shall DMSD be liable to Customer in excess of any amounts paid to DMSD by Customer under the terms of this Agreement. 11. This Agreement shall be the entire and whole agreement of the parties. No modifications may be made hereto except in writing signed by both parties. 12. This Agreement is entered into in whole or part in Iowa and shall be construed under the laws of Iowa. An action to enforce this contract shall be brought in a court with proper venue only in Iowa. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date above. Customer: Des Moines Skydivers, LLC. By: By: Name: Name: Title: Title