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HomeMy WebLinkAbout2019-02-19-E01 Carnival ContractAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 19, 2019 AGENDA ITEM:Consideration of approval of a resolution approving Contract with Chamberlain Quality Shows, LLC [2019 4th of July Celebration] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Waukee Park Board is presenting entering into a contract with Chamberlain Quality Shows, LLC from Kewanee, Illinois for their services for the Fourth of July Celebration presented by the Waukee Parks & Recreation Department. The contract would begin Wednesday, July 3 at 5 p.m. and end Thursday, July 4 at 10:30 p.m. Services would include a minimum of 8 carnival rides, 4 concession trailers, and staffing for the ticket booth, concessions, and carnival rides. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the contract. ATTACHMENTS: I. Proposed Resolution II. Contract PREPARED BY: Danae Edwards REVIEWED BY: E1 THE CITY OF WAUKEE, IOWA RESOLUTION 19- APPROVING CONTRACT WITH CHAMBERLAIN QUALITY SHOWS, LLC [2019 4TH OF JULY CELEBRATION] 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 Chamberlain Quality Shows, LLC, for amusement rides to be provided on July 3-4, 2019; 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 Umpire Service Agreement [Waukee Parks & Recreation Department] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 19th day of February, 2019. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon Chamberlain Quality Shows LLC. 24805 County Hwy 28, Kewanee, IL 61443 chamberlainqualityshows@gmail.com 309-540-9392 Rides, Games & Food for Any Event Town Waukee County Dallas State Iowa Zip Code 50263 IN CONSIDERATION OF DOLLAR IN HAND, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED PAID. THIS CONTRACT AGREEMENT IS ENTERED INTO THIS DAY OF __________BY CHAMBERLAIN QUALITY SHOWS, FROM HERE ON KNOWN AS CQS; AND THE EVENT NAMED, FROM HERE ON KNOWN AS PARTY OF THE SECOND PART. WITNESSED: CQS agrees to furnish the party of the second part _8_number of amusement rides, and to have exclusive rights on the same. The party of the second part agrees that all riding devices, shows and concessions owned by CQS shall be under control and management of COS. The party of the second part is responsible for providing adequate grounds for CQS equipment, including but not limited to, power line clearance of 15 feet as required by law, tree trimming to accommodate aerial attractions, gray water disposal on site for concessions and rides, etc. It is agreed by both parties that upon arrival, CQS takes control of who may or may not be on the grounds allotted for the carnival, including but not limited to: the midway, location of living quarters, and staging areas. The party of the second part also agrees to prevent other like attractions, i.e. inflatable rides, bounce houses, etc., from exhibiting on stated grounds and location until after termination of said event, unless agreed upon by both parties. The party of the second part agrees not to have any sales by other vendors of the following items: funnel cakes, cotton candy, corn dogs, haystack onions, and lemonade. Any similar concessions must not be offered for a rate less than CQS. For example, if the party of the second part books a vendor selling walking tacos, said vendor may not sell them for less than CQS product. If either occurs, CQS may close the show and receive full guarantee from the party of the second part unless the situation is corrected. The party of the second part will acquire all city, county and state permits required by law for the operation of said event at no expense to COS. CQS will furnish electrical power, wiring and distribution boxes for the amusement rides, concessions, and games. The party of the second part will agree to furnish, at no expense to CQS, sufficient city electrical current (220 amp) or larger into a main distribution panel on or near the midway for amusement support equipment upon arrival of CQS. CQS must be provided access and power to the location at least two full days before opening and after closing for setup and maintenance. CQS requires access to a 220 amp electrical source from the party of the second part outside of midway hours for refrigeration units, and a continuous water connection necessary for concessions. The party of the second part will provide, at no expense to CQS, access to a 10,000 gallon water supply required for an attraction, and understand that said attraction must be drained at the end of the event. The party of the second part is responsible for trash receptacles and disposal, and security related to said event. The party of the second part will supply suitable parking spaces for bunkhouses and RVs related to CQS, with electric and water connections upon arrival at no expense to CQS. Said electrical hookups must include access to 220 amp service. COS also requires access to a toilet facility upon arrival, ie port-a-johns, public restroom facilities, etc. The party of the second part will supply suitable parking for all equipment. housing, trucks, and trailers NEAR THE MIDWAY. CQS will receive a non-refundable security deposit of $2000 from the party of the second part to hold its allocated dates. This deposit will be calculated back into the ticket sales settlement at the end of said event. COS will require an event guarantee in the amount of $10,000 from the party of the second part in gross ticket sales from said event. If the guarantee is not reached in ticket sales, the party of the second part will pay the difference at the completion of said event by credit card. In consideration of the party of the second part fulfilling their part of this contract, COS agrees to pay 15 % of the gross ticket sales from amusement rides. Said percentage will be counted on gross ticket sales received AFTER the guarantee amount has been reached. In regards to non-amusement ride units (concessions, games, etc.), the party of the second part agrees that CQS pays no fees and keeps all CQS generated sales revenue. Posters will be sent to the party of the second part in the amount to be determined by the party of the second part by March 1, 2019. COST OF THE POSTERS, if any, WILL BE DIVIDED EQUALLY BY BOTH PARTIES. Upon delivery of the posters, they should be displayed properly throughout the area by the party of the second part to maximize their advertising potential. If the posters are not prominently displayed upon arrival of CQS, poster expense will be billed in entirety to the party of the second part. Poster expense will be included into the tally at event's end. Posters will be sent to the following address: Ticket sellers must be located on COS midway. Ticket prices are as follows: 1 ticket for $1.25, Family Packs of 20 tickets for $20, and Pre-sale ticket sheets of 20 tickets for $18. Pre-sale tickets will be provided to the party of the second part by CQS in advance of event, and all unsold pre-sale tickets will be returned by the party of the second part upon arrival of COS. Any tickets that are not returned become the financial responsibility of the party of the second part, and the party of the second part must reimburse CQS for all unreturned tickets, sold or unsold. In the event the party of the second part will be furnishing ticket sellers, they will be financially responsible for all the tickets supplied to them. Wristband events can be negotiated between both parties, and must be finalized when the event hours are finalized, with any changes after only made with CQS approval. Wristbands are priced at $5 per operating hour. A two hour wristband is $10, three hour wristbands are $15, and so on. CQS will supply tickets/wristbands for the amusement rides, and only tickets supplied by CQS will be accepted. The Terms and conditions identified on Attachment 1, are a part of this contract and incorporated herein by reference. This event is to be known and advertised as: _______________________________________________________________________________ And located at: _______________________________________________________________________________ The dates of this event shall be: July 3, 2019 to July 4th, 2019.. This contract is valid for _1_years, beginning with 2019 and ending with 2019. Event hours are to be submitted to COS no later than March 1, 2019, and once known they are to be listed below: **Changes to these hours cannot be made without approval from CQS once they have been set.** This contract is null and void for non-appearance of CQS in case of truck accidents, fire, flood, tornado, or any other act of God: labor shortage,or any other un foreseen circumstances over which CQS has no control.CQS reserves the right to subcontract the event in part or fully without prior notice to the party of the second part. WITNESSED BY: COMMITTEE SIGNATURE ____________________________________ DATE____________ COMMITTEE SIGNATURE ____________________________________ DATE____________ CQS SIGNATURE __________________________________________ DATE____________ CQS SIGNATURE __________________________________________ DATE____________ This contract must be postmarked and received by CQS within 15 business days of execution. Any contracts received after 15 days will be invalid and not binding. ATTACHMENT 1 a) Inspections and Permits. CQS understands and agrees that, at its cost and expense, it shall be responsible for obtaining all licenses, permits, and inspections from any Federal or State agency that may be required for the purpose of fulfilling CQS’s obligations hereunder prior to the commencement of the Event. CQS will make arrangements such that it arrives, sets up, schedules and successfully completes/obtains any and all necessary inspections, permits or licenses prior to the commencement of the Event. In addition, the City reserves the right to inspect electric systems and placement and CQS will make such modifications necessary to comply with applicable city requirements. b) CQS personnel. CQS understands and agrees that it is an independent contractor and that its employees, personnel, contractors and subcontractors are its responsibility and CQS agrees that they should be responsible directly to the same for payment of any compensation, wages, social security, unemployment, Medicare, Medicaid, associated payroll withholdings, and any and all payments due to its contractors and subcontractors, and shall hold the City harmless from the same. In addition, CQS acknowledges its obligation for workers compensation for any and all injuries sustained by its employees, personnel, contractors and subcontractors. CQS shall assure compliance with applicable workers compensation laws and responsibilities. c) Insurance. CQS understands and agrees that CQS shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies or any other of the City’s insurance policies of any kind. CQS agrees to provide insurance coverage for and on behalf of CQS, their employees and personnel, to protect CQS, their employees and personnel, in connection with the undertakings set forth in this agreement including but not limited to, bodily injury, death, property damage, lost income, loss of use and workers compensation. d) Evidence of Insurance. CQS 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 and limits with at least $1,000,000 dollars per claim, and $2,000,000 dollars aggregate. CQS shall also provide evidence of automobile liability coverage with limits of at least $1,000,000 per claim and $2,000,000 dollars aggregate. Said insurance shall be in effect at least 30 days prior to the commencement of the event and shall be maintained by CQS thereafter. e) Taxes. CQS agrees to pay any and all sales and use taxes required to be paid to the State of Iowa in the undertakings CQS is performing hereunder.