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Home My WebLink About2021-03-15-I01E Des Moines Skydivers, LLC AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 15, 2021 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 $2,446.09 FORMAT:Consent 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: I1E THE CITY OF WAUKEE, IOWA RESOLUTION 2021 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 15th day of March, 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 1 AGREEMENT This Agreement is made and entered into this 3rd day of March, 2021, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and Des Moines Skydivers, LLC (Fed. ID #42-1508704), an Iowa limited liability company organized under the laws of the State of Iowa, party of the second part, hereinafter referred to as "Consultant" as follows: 1. SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1, Scope of Services. 2. SCHEDULE The schedule of the services to be performed shall conform to the Schedule set forth in Attachment 1. 3. COMPENSATION A. In consideration of the services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 1. In the event the Jump is cancelled for any reason by either party and except for (a) the items marked “non- refundable” in Attachment 1; or (b) provided that test jumps have been made and the test pyrotechnics that have been used, the amounts paid hereunder shall be refunded to the City. B. In consideration of the compensation paid to the Consultant, the Consultant agrees to perform all services to the reasonable satisfaction of the City by performing the services in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances. If the performance of this Agreement involves the services of others or the furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same in full. 4. INSURANCE A. Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies. B. The Consultant shall provide evidence of insurance purchased through the United States Parachute Association (“USPA”) insurance provider covering bodily injury or property damage due to an occurrence arising out of skydiving demonstration jumps in the amount of one million dollars ($1,000,000) covering the jump(s) contemplated under this Agreement. 2 C. Failure of Consultant 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 CONSULTANT: Name: City of Waukee Name: Des Moines Skydivers LLC Attn: Matt Jermier Attn: Randy Roth Title: Director of Parks and Recreation Title: President Address: 230 W. Hickman Road Address: 36782 Meadow Lane City, State: Waukee, IA 50263 City, State: Cumming, IA 50061 6. GENERAL COMPLIANCE In the conduct of the services contemplated hereunder, the Consultant shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications issued by the City. Consultant must qualify for and obtain any required licenses prior to commencement of work, including any licenses necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Consultant acknowledges that it is an independent contractor and performing services utilizing its own skill, judgement, experience and equipment. Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 3 9. 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. 10. 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. 11. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 12. 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. 13. 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. DES MOINES SKYDIVERS, LLC CITY OF WAUKEE By: ________________________________ By: __________________________ Name: _____________________________ Courtney Clark, Mayor Title: ______________________________ Total $375.00 $300.00 $75.00 $50.00 $25.00 $300.00 $760.00 $50.00 $495.00 $16.09 $0.00 TOTAL:$2,446.09 *See chart below Payment received Event Date: Jump time: Estimated L.A. size: L.A Designation: Ground Crew Fee: Test Jumps/Pyrotechnics: Although liability insurance is not required, it's highly recommended. No. of jumpers:Four DES MOINES SKYDIVERS DEMONSTRATION JUMP QUOTE Aircraft Tach Time: Jumper Fee: Pilot Fee: 80,000 sq ft July 4, 2021 ~8pm Event Location:Waukee, Iowa Level 2 Transportation: Jumper License Req:Pro Insurance Security Fee: *3.25% of Insurance fee Insurance Application Fee: *Non-refundable Opt. Insurance Coverage: Should the jump be cancelled for any reason, all amounts are fully refundable with the exception of the $50 insurance application fee Aircraft:Cessna 182 Demo Pyrotechnics: