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Home My WebLink About2024-12-02 I01F_01_a 4th of July_Knockerball 118 AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 2, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Event Vendor Agreement with Knockerball 118, LLC FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Parks & Recreation Department is working with Knockerball 118, LLC to provide inflatables for the 2025 event. This is the same vendor used in 2024. The agreement with Knockerball 118, LLC is in the amount of $20,000 for the inflatables and is in the FY25 budget for the celebration. Staff recommend approval of the agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $20,000.00 COMMISSION/BOARD/COMMITTEE COMMENT: Park Board has reviewed and approved the agreement at the November 21, 2024 meeting. STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Agreement. ATTACHMENTS: I. Vendor Services Agreement plus Exhibit 1 PREPARED BY:Josh VandeKamp, Assistant Parks & Recreation Director REVIEWED BY: Matt Jermier, Parks & Recreation Director I1F1a THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING THE AGREEMENT FOR INFLATABLES AT THE 2025 INDEPENDENCE DAY CELEBRATION WITH KNOCKERBALL 118, LLC [WAUKEE PARKS & RECREATION DEPARTMENT] 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 Parks & Recreation Department wishes to engage the services of a vendor for inflatables at the 2025 Independence Day Celebration; AND, WHEREAS, Knockerball 118, LLC. of Ankeny, IA, has provided an agreement for providing inflatables for entertainment at the 2025 Independence Day Celebration. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the vendor services agreement with Knockerball 118, LLC. will be completed on July 4, 2025 at Centennial Park. Passed by the City Council of the City of Waukee, Iowa, and approved this 2nd day of December, 2024. ____________________________ Courtney Clarke, Mayor Attest: _______________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair EVENT VENDOR AGREEMENT Waukee Independence Day Celebration This Agreement is made and entered into this 2nd day of December 2024 by and between City of Waukee, a municipal corporation, hereinafter referred to as "CITY," and Knockerball 118 (Fed. ID #87-4442433), a KB 115 corporation incorporated and licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as "VENDOR" as follows: THE CITY HEREBY AGREES TO ALLOW VENDOR TO OFFER ITS ACTIVITY TO EVENT ATTENDEES AS DESCRIBED IN THIS AGREEMENT AND VENDOR AGREES TO PARTICIPATE AND OFFER ITS ACTIVITY AND EQUIPMENT FOR USE BY EVENT ATTENDEES AS MORE PARTICULARLY PROVIDED IN THIS AGREEMENT. 1. EVENT The City of Waukee is holding an event named Waukee Independence Day Celebration for the public on the 4th day of July 2025 from 1 p.m. to 8 p.m. The event will be held at Centennial Park in the City of Waukee. The City will be publicizing and promoting the Event to the public and selling tickets for admission. All monies received from ticket sales will be retained by the City of Waukee. The undersigned vendor has asked to participate in the Event to offer their equipment and services to attendees of the Event. The City has agreed to allow Vendor to utilize space at the Event as provided in this agreement. 2. EQUIPMENT AND SERVICES A. Vendor has asked to participate in the Event by offering the equipment for the use and enjoyment of the attendees to the Event. The equipment Vendor will provide, set up, supervise and operate at the event is identified on Exhibit 1. Vendor will assure that all equipment made available at the Event is working and free of defects, safe and suitable for the use and enjoyment of attendees at the Event. Vendor will assure that the location assigned to Vendor meets all requirements and specifications for the equipment and in the event that the location does not meet said specifications Vendor shall notify the City immediately and not proceed to set up said equipment or participate in the Event until a suitable location is made available. Vendor shall provide fully trained personnel to deliver, setup, operate, supervise, and remove and assure that the equipment and services are safe for use at the Event and do not present any form of hazard to any and all persons in or around the Event. B. Vendor shall be responsible for any and all damage that may occur to its equipment, property and personnel at any time regardless of the circumstances giving rise to any such damage. 3. COMPENSATION A. In consideration of the Vendor making available its equipment and services to the general public at the Event, the City agrees to pay the Vendor pursuant to Exhibit 1. B. Payment to Vendor will occur in the manner provided on Exhibit 1. C. In consideration of the compensation paid to Vendor, Vendor will make available at the Event its services and equipment, at its sole cost and expense. 4. INSURANCE A. Vendor understands and agrees that Vendor shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies. Vendor shall provide insurance coverage for and on behalf of Vendor that will sufficiently protect Vendor or Vendor' representative(s) in connection with the equipment and services which are to be provided by Vendor pursuant to this Agreement, including protection from claims for bodily injury. death, property damage, and lost income. Vendor shall provide worker's compensation insurance coverage for Vendor and all Vendor's personnel. Vendor shall file applicable insurance certificates with the City and shall also provide evidence of the following additional coverage: B. The Vendor shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death: $1,000,000 general aggregate personal injury and/or death; and $1,000,000 for each property damage accident. The evidence shall designate the City as an additional insured, and that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. C. Failure of Vendor to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 5. NOTICE Any notice to the parties required under this agreement shall be in writing, delivered to the person designated below, by United States mail or in hand delivery, at the indicated address unless otherwise designated in writing. FOR THE CITY: FOR THE VENDOR: NAME: City of Waukee NAME: Knockerball 118 TITLE: Matt Jermier, Director of Parks & Recreation TITLE: Matt Rider, Owner ADDRESS: 805 University Avenue ADDRESS: 2353 SW Plaza Parkway #109 CITY, STATE, ZIP: Waukee, Iowa 50263 CITY, STATE, ZIP: Ankeny, Iowa 50021 6. GENERAL COMPLIANCE In the conduct of the undertakings contemplated hereunder, the Vendor shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications. Vendor must qualify for and obtain any required licenses prior to commencement of work, including any licenses or permits necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Vendor under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same business currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Vendor understands and agrees that Vendor and Vendor's employees and representatives are not City employees. Vendor shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Vendor or Vendor's employees. representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Vendor nor Vendor's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 9. NON-DISCRIMINATION Vendor will not discriminate against any employee of applicant for employment because of race, color, sex, national origin, religion, age, handicap, or veteran status. Vendor will, where appropriate or required, take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, sex, or national origin, religion, age, handicap, or veteran status. Vendor will cooperate with the City in using Vendor's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 10. HOLD HARMLESS To the extent that the City is not otherwise immune from claims for liability pursuant to Iowa Code Chapter 670, and without waiving or otherwise effecting any such immunity, the Vendor agrees to indemnify and hold harmless the City, its officers, agents, and employees from any and all claims, settlements and judgments, to include all reasonable investigative fees. attorney's fees, and court costs for any damage or loss which is due to or arises from a breach of this Agreement, or from negligent acts, errors or omissions in the performance of the services and undertakings under this Agreement and those of its sub-Vendors or anyone for whom Vendor is legally liable. 11. ASSIGNMENT Vendor shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the City. 12. INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement. This is a completely integrated Agreement and contains the entire agreement of the parties; any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party. The laws of the State of Iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County, Iowa. 13. SOLICITATION AND PERFORMANCE The Vendor shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. 14. SUSPENSION AND TERMINATION OF AGREEMENT Upon ten (10) days written notice to the Vendor, the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Vendor make it impossible or against the City's interest to complete the Agreement. In such case, the Vendor shall have no claims against the City and shall refund to the City ___% of the amounts paid to Vendor prior to the date of the notice. 15. TAXES The Vendor shall pay all sales and use taxes required to be paid to the State of Iowa on the equipment and services covered by this Agreement. The Vendor shall execute and deliver and shall cause any sub-Vendor or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 16. SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 17. MISCELLANEOUS HEADINGS Title of articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 18. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 19. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. FOR THE CITY: FOR THE VENDOR: NAME: City of Waukee NAME: Knockerball 118 TITLE: Courtney Clarke, Mayor TITLE: Matt Rider, Owner _____________________________________________________ ____________________________________________________ *Knockerball 118 will provide 9 inﬂatables for the Waukee Independence Day Celebration. *These inﬂatables will cover entertainment for multiple age groups. *The City of Waukee will pay Knockerball 118 a sum of $20,000. *50% deposit due by Jan 15th, 2025. *Final 50% payment due upon arrival of event on July 4th, 2025. *Event time will be from 1pm - 8pm. *Set-up for Knockerball 118 is permitted as early on July 4th as needed per Knockerball 118 management. *Upon arrival of the event, the ﬁnal 50% is due. No refund for weather cancellations or any cancellation of the event if canceled on July 4th, 2025. If a cancellation occurs at least 10 days before the event date, the deposit fee can be used for a future event, minus any expenses occurred to that point, such as but not limited to travel, staffing, trailer loading/unloading, insurance, etc. *We must follow the Iowa Department of Amusements guidelines and rules for weather. *Knockerball 118 will provide 9 inﬂatables, generators, insurance, staff, set up, and tear down. *Inﬂatable List: 22ft single lane slide, 18ft dual lane slide. Three-piece obstacle course, Two-piece obstacle course, Barn Combo, XL Space Walk Bouncer, Wipeout, Cartoon Play Area, Ultimate Climbing Wall. (Option for KB 118 to swap out an inﬂatable if needed and will discuss with Waukee Parks and Rec before doing so) *Knockerball 118 will provide 14 - 16 staff members at all times *Event Leads: Arissa Rider 515-715-2650. Krista Wineinger 515-408-1250. *Emergency Contact Person: Matt Rider 641-218-0711. Please sign, print, and date below. Exhibit 1 Equipment and Services/Payment