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HomeMy WebLinkAbout2019-03-07-D01 Carnival Contract_RevisedAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 7, 2019 AGENDA ITEM:Consideration of approval of a resolution approving revised Contract with Chamberlain Quality Shows, LLC [2019 4th of July Celebration] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: On 02/19/2019, the Waukee City Council approved a contract with Chamberlain Quality Shows, LLC from Kewanee, Illinois for their services for the Fourth of July Celebration. After approval, the vendor returned the signed contract with a handwritten amendment for the auto insurance policy to have a $1,000,000 limit per claim only and no aggregate amount, while the contract approved by council included a $1,000,000 limit with a $2,000,000 aggregate. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The City Attorney is of the opinion that the handwritten amendment proposed by the vendor is materially significant enough to require new consideration by the council. RECOMMENDATION: Approve the contract. ATTACHMENTS: I. Proposed Resolution II. Contract PREPARED BY: Becky Schuett REVIEWED BY: D1 THE CITY OF WAUKEE, IOWA RESOLUTION 19- APPROVING REVISED 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, on February 19, 2019, the Waukee City Council approved a contract between the City of Waukee Park Board and Chamberlain Quality Shows, LLC (the “Vendor”) for amusement rides to be provided on July 3-4, 2019 (Resolution #19-066); AND, WHEREAS, the Vendor has signed and returned the contract with a handwritten amendment for the auto insurance policy to have a $1,000,000 limit per claim only and no aggregate amount, while the contract approved by council included a $1,000,000 limit with a $2,000,000 aggregate; AND, WHEREAS, the City Council has reconsidered the revised contract and finds the amendment satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the revised Contract with Chamberlain Quality Shows, LLC [2019 4th of July Celebration] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 7th day of March, 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 Town Waukee County Dallas State lowa LLC, tL 61443 Event Zip Code '50263 Chamberlain Quality Shows 24805 County Hwy 28, Kewanee, , , ", ,',:'- . I , -'-. . 309-540-9392 Rides, Games & Food for Any :r i j l. i':, l-,:: 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 thb party of the second paft 8 number of amusement rides, and to have exclusive rights on the same. The parly 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 cf 15 feet as required by law, tree trimmlng to acc*mmodate aerial attractions, gray water disposal on sitb for concessions and rides, etc. lt 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 lo: the midway, location of living quarters, and staging areas. The party of the second pad also agrees to prevent otherlike 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 pa(y 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. lf either occurs, CQS may close the show and receive full guaranlee from the parly 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 electricai current (220 amp) or larger into a main distribution panel on or near the midway for amusement supporl equipment upon arrival of CQS. CQS must be provided access and povuer to the location at least two full days before opening and after closing for setup and maintenance. CQS requires access 1o a 224 amp electrical source from the party of the second part outside of midway hours Ior refrigeration units, and a continuous water connection ne.;essary for concessions. The party of the second pad 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 suilable 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 22Q amp service. COS also requires access io a toilet facility upon arrival,ie port-a-johns, public restroom facilities, etc. The party of the second parl will supply suitable parking for ail equipment. housing, trucks, andtrailers NEAR THEMIDWAY. CQS will receive a non-refundable security deposit of $2000 from ihe party of the second part to hold its aliocated dates. This deposit will be calculated back into the ticket sales settlement at the end of said eveni. COS will require an event guarantee in theamount of S10,000 from the party of the second part in gross ticket sales from said event. lf the guarantee is not reached in ticket sales, the party of the second part will pay the difference at the completion of said eventby credit card. ln consideraiion of the parly af the second part fulfilling their parl of this contract, COS agrees lo 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. ln 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 anv, WILL BE DIVIDED EQUALLY BY BOTH PARTIES. Upon delivery of the posters, they should be displayed properly throughout the area by the partyof the second partto maximize theiradvertising potential. lf 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 o{ 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 parlby CQS in advance of event, and all unsold pre-sale tickets wiil be returned by the party of the second pa,rt 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 mustreimburse CQS for ail unreturned tickets, sold or unsold. In the event the party of the second part will be furnishing ticket seilers, they will be financially responsible for ali 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 wilh CQS approval. Wristbands are priced at $5 per operating hour. A two hour wrlstband is $10, three hour wristbands are $15. and so on. CQS will supply tickets/wristbands for the amusement rides, and only tickets supplied by CQS will be accepted. The Terms and conditions identified on Attachment 1, are a part of this contract and incorporated herein by reference. This event is to be known and advertised as: And located at: The dates of this event shall be:Julv 3. 2019 to Julv 4t.2019.. This contract is valid for _1*years. beginning with 2019 and ending with 2019. Event hours are to be submitted to COS no laterthan March 1, 2019, and onceknown they are to be listed below: *Changes to these hours cannot be made without approval from CQS once they have been set.** Thb contad is nufi and void for nonappa .ranceof COS in case of truck accidents, fire, food, tomado, or any otheraet of God: labor shortage, or any other urlforeseen chcumstaneover which CQS has no contol. CQS reserves the r$htto suboontra6the eventin partorfullywithoutpriornotice tothe partyof the second part. WITNESSED BY: COMMITTEE SIGNATURE COMMITTEE SIGNATURE DATE --,---l DATE cessTGNATu*r onre,7*4- 14 CQS SIGNATURE DATE firis 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. a) ATTACHMENT 1 lnspections 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 completesiobtains any and all necessary inspections, permits or licenses prior to the commencement of the Event. ln 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. 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 qubcontractors, and shall hold the City harmless from the same. ln 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. lnsurance. 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 Iimited to, bodily injury, death, property damage, lost income, loss of use and workers compensation. Evidence of lnsurance. 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 lowa 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 dE id insurance shall be in effect at least 30 days prior b) c) d) 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 lowa in the undertakings CQS is performing hereunder. t\t ol&to oc,c(,c /+utc/-zr