Agenda Item 7 - CONSIDERATION OF RATIFICATION OF CONTRACT WITH PAUL MAURER FOR AMUSEMENT RIDES, ATTRACTIONS, GAMES, AND CONCESSIONS FOR THE CITY'S SPRING FESTIVALAGENDA ITEM NO.7
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: March 1, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF RATIFICATION OF CONTRACT WITH PAUL MAURER FOR
AMUSEMENT RIDES, ATTRACTIONS, GAMES, AND CONCESSIONS FOR THE CITY'S
SPRING FESTIVAL
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the agreement between the City and Paul Maurer dba Paul Maurer Shows for the provision
of amusement rides, attractions, games and concessions for the City's Spring Festival.
2. Authorize the City Manager to execute future amendments to extend the term of the agreement.
BACKGROUND:
The City is hosting its first annual Spring Festival at the West Covina Sportsplex on March 12, 2022, from
12:00 P.M. - 10:00 P.M., and March 13, 2022, from 12:00 P.M. - 7:00 P.M. The Spring Festival will
include food, drinks, a beer garden, and live performances. To add to the community celebration, staff
also intends to include carnival -style rides, attractions, games and concessions.
DISCUSSION:
Staff solicited proposals from five companies that provide carnival rides, attractions, games and
concessions in the Southern California area. Staff received two responses. Of the two companies that
responded, only Paul Maurer dba Paul Maurer Shows had availability to provide rides, attractions and
services during the Spring Festival.
Paul Maurer has been in the carnival and amusement business for over 45 years. Paul Maurer Shows
has over 35 amusement rides, games and food concessions. Paul Maurer Shows currently produces and
supports more than 90 events throughout the Western United States, with its main focus in California,
Oregon and Nevada.
Key terms of the agreement include:
. Paul Maurer Shows will provide at least fourteen (14) amusement rides and attractions, seven (7)
to eight (8) family games, and one (1) food concession, such as cotton candy or candy apples.
. The City will not be responsible for any compensation to Paul Maurer Shows. Paul Maurer Shows
will generate revenue from the sales of ride tickets and wristbands, games, and concessions.
. Paul Maurer Shows will share its revenues with the City from ride ticket sales as follows:
9 If gross revenues are under $50,000, the City will not receive any share.
. If gross revenues are between $50,001 and $75,000, the City will receive 15% of the gross
revenue.
. If gross revenues are $75,001 or more, the City will receive 20% of the gross revenue.
. The agreement will have a one-year term, with the option to extend for two additional one-year
periods.
. Paul Maurer Shows will have a "right of first refusal" for future Fall or Spring Festivals at which the
City will include amusement rides, attractions and games.
Due to the need to execute the agreement in order to promote the carnival rides, attractions and games
and move forward with making arrangements for such rides and attractions, and because the City is not
providing any compensation to Paul Maurer Shows, the City Manager executed the agreement on behalf
of the City. Staff is requesting that the City Council ratify the agreement and authorize the City Manager
to execute future amendments to extend the agreement.
LEGAL REVIEW:
The City Attorney's Office has reviewed the agreement and approved it as to form.
C611�K@g31
The City Council has the following options:
1. Approve Staffs recommendation; or
2. Provide alternative direction.
Prepared by: Lisa Sherrick; Assistant City Clerk
Attachments
Attachment No. 1 - Carnival Agreement
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness
Expand Economic Development Opportunities
A Creative and Active Communuty
ATTACHMENT NO. 1
CARNIVAL AGREEMENT
THIS CARNIVAL AGREEMENT is made and entered into this 22nd day of February, 2022
("Effective Date"), by and between PAUL MAURER, an individual DBA PAUL MAURER SHOWS
("Carnival Operator'), and the City of West Covina, a California municipal corporation ("City").
WHEREAS, Carnival Operator is engaged in the business of providing amusement rides,
attractions, games and food concessions; and
WHEREAS, City desires to utilize Carnival Operator's amusement rides, attractions
games and food concessions for City's Spring Festival, to be held on March 12 and March 13,
2022 (the "Festival"); and
WHEREAS, the parties desire to set forth their rights, duties and liabilities in connection
with the services to be provided.
NOW, THEREFORE, in consideration of the covenants contained herein and other good
and valuable consideration, the parties hereto agree to the following:
Amusement Rides and Concessions. Carnival Operator will provide at least fourteen
(14) amusement rides and attractions, including a combination of spectacular/adult
rides, major/adult rides, and kiddie rides. The amusement rides that will be provided
are detailed in Exhibit A, attached hereto and incorporated herein. Carnival Operator
may not furnish any other rides without City's prior consent. Carnival Operator will also
provide a minimum of one (1) food concession, such as floss or a candy apple wagon,
and a minimum of seven (7) to eight (8) family game concessions. Examples of the
family games to be provided are detailed in Exhibit B, attached hereto and
incorporated herein. City agrees that it will not receive any share of Carnival Operator's
revenues from sales for such games and concessions.
2. Space for Rides and Games. The City will provide space for the placement of the
amusement rides, attractions, games and concessions at one of the baseball fields
located at the main entrance of the City of West Covina Sportsplex, located at 2100
S. Azusa Ave. The space designated for Carnival Operator's use will be referred to in
this Agreement as the "Premises."
3. Term of Agreement; Termination.
a. Term. The term of this Agreement shall commence on the Effective Date and end
on February 21, 2023. Thereafter, City and Carnival Operator may extend the term
of this Agreement for up to two (2) additional one (1) year periods upon written
agreement. Carnival Operator's access to the Sportsplex during each agreed -upon
event shall be in accordance with the schedule of events agreed to by the parties.
b. Termination. City may terminate this Agreement at any time, with or without cause,
by providing written notice to Carnival Operator. Carnival Operator may terminate
this Agreement within ninety (90) days following the completion of any agreed -
upon event by providing written notice to City.
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4. Schedule of Events. Carnival Operator will provide its amusement rides, attractions,
games and food concessions for the duration of the Festival, in accordance with the
schedule of events detailed below. The schedule of events may be revised upon
mutual agreement of Carnival Operator and City.
Schedule of Events:
Monday, March 7, 2022
Equipment begins to arrive at S orts lex
Wednesday, March 9, 2022
Carnival Operator begins set-up of rides and
attractions
Thursday, March 10, 2022
Carnival Operator continues set-up of rides and
attractions
Friday, March 11, 2022
Carnival Operator cleans and inspects all rides
Saturday, March 12, 2022
Carnival open: 12:00 m-10:00 m
Sunday, March 13, 2022
Carnival open: 12:OOpm-7:OOpm
Carnival Operator begins tear down of equipment
after Festival.
Monday, March 14, 2022 and
Carnival Operator finishes tear down and moves
Tuesday, March 15, 2022
equipment out by no later than 6:OOpm on
Tuesday, March 15, 2022.
For the purpose of pre -event move -in and post -event move -out, Carnival Operator
may have access to the Sportsplex from 6:30am to 5:OOpm on the dates set forth
above, unless otherwise noted above. Upon request, City may grant Carnival Operator
additional time to complete tear -down and move -out of the equipment.
5. Ticket Sales and Prices.
a. The parties agree that tickets for amusement rides shall be sold as unlimited ride
wristbands or coupons at the following prices:
i. Unlimited Ride Wristbands
1. Advance Purchase: "Daily' Unlimited Ride Wristband=$25.00 each
2. Onsite at Festival: "Daily" Unlimited Ride Wristband=$35.00 each
ii. Coupons
1. Onsite at Festival: Sheet of 24 coupons=$20.00 each
2. Onsite at Festival: Single (1) coupon=$1.00 each
b. The parties acknowledge that each ride requires three (3) to six (6) ride coupons,
per person.
c. Carnival Operator will provide all advance purchase unlimited ride wristband
coupons to the City within five (5) days from execution of this Agreement. Carnival
Operator will permit such coupons to be redeemed for wristbands at any carnival
ticket box at the Festival.
d. City agrees to cease selling advance unlimited ride wristband coupons at 7:OOpm
on Friday, March 11, 2022.
e. City agrees to return all unsold advance unlimited wristband coupons to Carnival
Operator by 10:00am on Saturday, March 12, 2022, or such other time as agreed
to by City and Carnival Operator. City further agrees to issue a check, made
payable to 'Paul Maurer," to Carnival Operator for all monies collected from the
advance unlimited wristband coupon sales by 10:OOam on Saturday, March 12,
2022.
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f. Carnival Operator will provide ticket sellers for the duration of the Festival, unless
otherwise agreed to by City and Carnival Operator.
6. Ticket Sale Revenue. Carnival Operator agrees to share gross revenues from ticket
sales for amusement rides, including all advance and onsite sales of wristbands,
coupons, and coupon books, with the City as follows:
a. If gross revenues from ticket sales for amusement rides totals $50,000 or less, City
will not receive any share of the gross revenue from such sales.
b. If gross revenues from ticket sales for amusement rides totals between $50,001
and $75,000, Carnival Operator will provide City with 15% of the gross revenue
from such sales.
c. If gross revenues from ticket sales for amusement rides totals $75,001 or more,
Carnival Operator will provide City with 20% of the gross revenue from such sales.
Carnival Operator will provide a final and complete settlement from the total ride gross
revenues to City on Sunday, March 13, 2022, within forty-five (45) minutes after the
closing of all rides. The parties shall prearrange the location and time for such
settlement. During such meeting, Carnival Operator shall provide City its share, if any,
of the ride gross revenues by issuing the City a check made payable to "The City of
West Covina."
The parties acknowledge that Carnival Operator has an "open door" policy with
Festival sponsors, and agrees to permit authorized City personnel to come into the
carnival office any time to check or verify the ticket sales amount or status during
operating hours.
7. Electrical Power. Carnival Operator shall provide its own generated electrical power
for the operation of the amusement rides, attractions, games and food concessions.
8. Operation of Amusement Rides and Concessions. Carnival Operator shall have
exclusive control of the operation of all amusement rides, attractions, games and food
concessions provided by Carnival Operator pursuant to this Agreement. Carnival
Operator shall operate such rides, attractions, games and concessions on each day
of the Festival in accordance with the schedule of events detailed herein, or as
otherwise agreed to by the parties.
9. Installation and Removal of Amusement Rides and Concessions. Carnival Operator
shall furnish at its own expense all personnel and equipment required to erect, operate,
dismantle and remove all amusement rides, attractions, games, concessions and
other equipment provided by Carnival Operator on the Premises.
10. Carnival Operator Representative. At all times Carnival Operator or any of Carnival
Operator's personnel are present on the Premises, there shall also be present a
"Representative" of Carnival Operator who shall be responsible for Carnival Operator's
operations and the conduct of its personnel under this Agreement.
11. Condition of Premises. Carnival Operator agrees to clean up any leftover debris
caused by the operation of the amusement rides, attractions, games and food
concessions provided by Carnival Operator at the end of each day of the Festival.
Carnival Operator further agrees to surrender the Premises to the City at the end of
the Festival in the same condition as existed on the Effective Date of this Agreement,
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ordinary use and wear thereof excepted. Carnival Operator shall be responsible for
any damage caused to the Premises by Carnival Operator's amusement rides,
attractions, games and/or food concessions.
12. Advertising. City shall be solely responsible for advertising the Festival and the
amusement rides, attractions, games, and food concessions to be provided by
Carnival Operator. Time permitting, Carnival Operator will provide to City 1,000 half -
page, double -sided fliers, with one side in English and the other side in Spanish, in a
form approved by City. If City requests additional fliers, City agrees to reimburse
Carnival Operator for the costs of printing such additional fliers.
13. Permits. City agrees to obtain and pay for all licenses and permits required for the
operation of the Festival and Carnival Operator's rides and attractions. Carnival
Operator shall obtain and pay for its City of West Covina business license.
14. Offices and Living Quarters. City agrees to designate a location onsite at the
Sportsplex or its parking lot for Carnival Operator's management offices, living
quarters, which are fully self-contained, and crew bunkhouses. Such facilities shall be
moved in and torn down in accordance with the schedule of events outlined herein.
15. Drinking Water. City agrees to provide Carnival Operator with access to one (1) fresh
drinking water outlet for Carnival Operator's use for the duration of the Festival.
16. Other Amusement Operators. City agrees that it will not sponsor or book any other
vendor providing amusement rides, attractions or games for the Festival.
17. Right of First Refusal. While this Agreement is in effect, and provided that Carnival
Operator has not breached this Agreement and has provided its services to City's full
satisfaction, City agrees to provide Carnival Operator the right of first refusal should
City conduct a future Fall Festival or Spring Festival during which City intends to
include amusement rides, attractions, and games.
18. Cancelation. City reserves the right to cancel the use of Carnival Operator's rides,
attractions, games and concessions in the event of cancelation of the Festival, an act
of God, inclement weather, natural disaster, bomb or threat, or for any other reason
determined to be in the public interest as determined in the City's sole discretion.
Carnival Operator hereby waives any claims it may have against the City relating to
any such cancelation.
19. Force Maieure. Neither party shall be responsible for delays or lack of performance
resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party. Carnival Operator shall not be liable for any delay or
failure to perform if Carnival Operator presents documentation satisfactory to the City
to substantiate such delay or failure to perform.
20. Insurance.
a. Minimum Scope and Limits of Insurance. Carnival Operator shall obtain, maintain,
and keep in full force and effect during the life of this Agreement all of the following
sm
minimum scope of insurance coverages with an insurance company authorized to
do business in California, with a current A.M. Best's rating of no less than A:VII,
and approved by City:
Broad -form commercial general liability insurance with coverage at least as
broad as Insurance Services Office form CG 00 01, with a policy limit of not
less than Ten Million Dollars ($10,000,000.00), combined single limits, per
occurrence, including premises -operations, products/completed operations,
broad form property damage, blanket contractual liability, independent
contractors, personal injury and bodily injury. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
ii. Automobile liability insurance at least as broad as Insurance Services Office
form CA 00 01 covering bodily injury and property damage for all activities of
Carnival Operator arising out of or in connection with work to be performed and
services to be provided under this Agreement, including coverage for any
owned, hired, non -owned or rented vehicles, with a policy limit of not less than
One Million Dollars ($1,000,000.00), combined single limit for each accident.
iii. Workers' compensation insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with a limit of no less than
One Million Dollars ($1,000,000.00) per accident for bodily injury or disease.
Carnival Operator agrees to waive, and to obtain endorsements from its
workers' compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers for losses arising from work performed by Carnival
Operator for the City and to require each of its subcontractors, if any, to do
likewise under their workers' compensation insurance policies.
iv. Sexual abuse/molestation insurance in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00)
general aggregate. This coverage may be part of commercial general liability
coverage or a separate policy.
b. Endorsements. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
Additional Insureds: The City of West Covina and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of Carnival Operator pursuant to its contract with the City; products and
completed operations of Carnival Operator; premises owned, occupied or used
by Carnival Operator; automobiles owned, leased, hired, or borrowed by
Carnival Operator.
ii. Notice of Cancelation: Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
iii. Coverage Not Affected: Any failure to comply with the reporting provisions of
the policies shall not affect coverage provided to the City of West Covina, its
officers, officials, agents, employees, and volunteers.
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iv. Coverage Applies Separately: Carnival Operator's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
c. Primary Coverage/Noncontributing. Carnival Operator's insurance coverage shall
be primary insurance as respects the City of West Covina, its officers, officials,
agents, employees, and volunteers. Any other insurance maintained by the City of
West Covina shall be excess and shall not be required to contribute with it. The
limits of insurance required herein may be satisfied by a combination of primary
and umbrella or excess insurance. Any umbrella or excess insurance shall contain
or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own
insurance or self-insurance shall be called upon to protect it as a named insured.
d. Waiver of Subrogation. All insurance maintained or procured pursuant to this
Agreement shall be endorsed to waive subrogation against the City, its elected
and appointed officials, officers, employees, agents and volunteers or shall
specifically allow Carnival Operator or others providing insurance evidence in
compliance with these specifications to waive their right to recovery prior to a loss.
Carnival Operator hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its
subcontractors.
e. Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If Carnival Operator maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained
by Carnival Operator. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Deductible or Self -Insured Retention. If any of such policies provide for a
deductible or self -insured retention to provide such coverage, the amount of such
deductible or self -insured retention shall be approved in advance by City. The City
may require Carnival Operator to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or City.
g. Certificates of Insurance. Carnival Operator, at its sole cost, shall provide to City
certificates of insurance showing the insurance coverages and required
endorsements described above, including the waiver of subrogation endorsement
for workers' compensation, in a form and content approved by City, prior to
performing any services under this Agreement. Current certification of insurance
shall be kept on file with City at all times during the term of this Agreement. The
City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
h. Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
21. Indemnification and Hold Harmless. It is expressly understood and agreed by and
between the parties that in no case shall City be liable to Carnival Operator, or any
other person or persons, for any injury, loss and/or damage to any person or property
on the Premises or arising from the amusement rides, attractions, games and/or
concessions provided by Carnival Operator or by virtue of any act, error, or omission
of Carnival Operator or its employees, agents and/or subcontractors. Carnival
Operator agrees to defend, with counsel of City's choosing, indemnify and hold
harmless the City, its elected and appointed officials, officers, agents and employees,
at Carnival Operator's sole expense, from and against any and all claims, demands,
actions, suits or other legal proceedings brought against the City, its elected and
appointed officials, officers, agents and employees, arising from or relating to the use
or operation of the amusement rides, attractions, games and/or concessions provided
by Carnival Operator or arising from any act, error or omission of Carnival Operator,
its employees, agents and/or subcontractors in the performance of this Agreement.
The defense obligation provided for hereunder shall apply without any advance
showing of negligence or wrongdoing by the Carnival Operator, its employees, agents
and/or subcontractors. Notwithstanding the foregoing, Carnival Operator shall not be
liable for the defense or indemnification of the City for claims, actions, complaints or
suits arising out of the sole active negligence or willful misconduct of the City.
22. Compliance with All Laws. Carnival Operator shall comply and shall require its
employees, agents and subcontractors to comply with all laws, ordinances and
regulations adopted or established by federal, state or local governmental agencies or
bodies, with the terms of this Agreement, all relevant health and fire codes and all
trademark, copyright and other intellectual property laws. Carnival Operator agrees
that at all times it and its employees and agents will conduct its activities with full regard
for public safety.
23. Rules and Regulations. Carnival Operator agrees to comply with all rules and
regulations from time to time adopted or prescribed by City, for the operation and
management of the Premises and Festival. Carnival Operator further agrees to
cooperate with the City in its performance of this Agreement and comply with all
reasonable requests of the City in connection with Carnival Operator's performance of
this Agreement.
24. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal
delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below
and placed in a sealed envelope, postage prepaid, and deposited in the United States
Postal Service. Such communication shall be deemed served or delivered: a) at the
time of delivery if such communication is sent by personal delivery; b) at the time of
transmission if such communication is sent by Email; and c) 72 hours after deposit in
the U.S. Mail as reflected by the official U.S. postmark if such communication is sent
through regular United States mail.
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IF TO CARNIVAL OPERATOR:
Paul Maurer Shows
302 Washington St. Ste. 1219
San Diego, CA 92103
Tel: (619) 823-5204
Email: don.paulmaurershows@yahoo.com
Attn: Paul or Don Maurer
IF TO CITY:
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (626) 939-8475
Email: rlerma@westcovina.org
Attn: Roxanne Lerma
25. Entire Agreement: Amendment. This Agreement constitutes the entire agreement
between the parties with respect to any matter referenced herein and supersedes any
and all other prior writings and oral negotiations. This Agreement may be modified only
in writing, and signed by the parties in interest at the time of such modification.
26. Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by doing so the parties hereto are formally bound to the provisions
of this Agreement.
[SIGNATURE PAGE FOLLOWS.]
mm
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF WEST COVINA,
A municipal corporation
Date:
David Carmany
City Manager
CARNIVAL OPERATOR
Date:
Paul Maurer
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Date:
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
Date:
Helen Tran
Human Resources and Risk Management
Director
EXHIBIT A
AMUSEMENT RIDES
Adult & Teen Rides
Rock Star
Super Shot
Zipper
Kite Flyer
Force 10 (Gravitron)
Deluxe Sizzler
Eli-16 (70' high) Traditional Ferris Wheel
Swinger
Kiddie Rides
Carousel (Merry -go -Round)
Fun Slide
Dino's
Super Trucks
Dizzy Dragon
Go Gator Kiddie Coaster
EXHIBIT B
GAMES
Family Games
Water -race
Balloon Pop
Gold Fish
Ring -a -Duck
Hi -Striker
Tubs of Fun
Long Range Basketball
Ring -a -Bottle