HomeMy WebLinkAbout2026-03-02 I01E_03 Knockerball Agreement_4th of JulyAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 2, 2026
AGENDA ITEM:Consideration of approval of resolution for the 2026 Independence Day
Celebration 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 2026 event. This is
the same vendor used in 2024 & 2025. The agreement with Knockerball
118, LLC is in the amount of $20,000 for the inflatables and is in the
FY26 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 February 19, 2026 meeting.
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve Agreement.
ATTACHMENTS: I. Proposed Resolution
II. Vendor Services Agreement plus Exhibit 1
PREPARED BY:Josh VandeKamp, Assistant Parks & Recreation Director
REVIEWED BY: Matt Jermier, Parks & Recreation Director
I1E3
THE CITY OF WAUKEE, IOWA
RESOLUTION 2026-
APPROVING THE AGREEMENT FOR INFLATABLES AT THE 2026
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 2026 Independence Day Celebration; AND,
WHEREAS, Knockerball 118, LLC. of Ankeny, IA, has provided an agreement for providing
inflatables for entertainment at the 2026 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, 2026 at
Centennial Park.
Passed by the City Council of the City of Waukee, Iowa, and approved this 2nd day of March,
2026.
____________________________
Courtney Clarke, Mayor
Attest:
_______________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Kala Anderson
Chris Crone
Rob Grove
Lori Lyon
Anna Bergman Pierce
EVENT VENDOR AGREEMENT
Waukee Independence Day Celebration
This Agreement is made and entered into this 2nd day of March 2026 by and between City of
Waukee, a municipal corporation, hereinafter referred to as "CITY," and Knockerball 118 (Fed.
ID #87-4442433), a KB 118 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 2026 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: 901 NE Casady Ln #207
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
___________________________________ ____________________________________
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