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.