HomeMy WebLinkAboutKCF Agreement CarnivalAGREEMENT FOR OPERATION OF CARNIVAL AND RELATED FACILITIES AT
THE KITTITAS COT]NTY FAIR
I. PREAMBLE
1.1 Parties. THIS AGREEMENT is made and entered into this date by and between
KITTIAS COUNTY, a political subdivision of the State of Washington, hereinafter referred to as
"County", operator of the annual Kittitas County Fair, hereinafter referred to as o'Fair", and
Paul Maurer Shows, a Sole Proprietor authorized to transact business in the State of Washington,
hereinafter referred to as "Licensee".
1.2 Pumose. The purpose of this agreement is to provide for operation of a carnival and related
facilities for family entertainment during the 2020-2021 Fairs.
The carnival andrelated facilities shall include:
(a) Amusement rides,
(b) Novelty concessions,
(c) Game concessions, and
(d) Food concessions.
1.3 Grant of License. The County grants a license to Licensee to occupy and use ceftain real
property at the times and for the purposes set out herein subject to all terms and conditions
hereof.
1.4 Premises. The real property subject to this agreement consists of designated portions of the
Kittitas County Fairgrounds, Ellensburg, Washington. Annually the Fairgrounds Administration
will designate one or more specific areas within the fairgrounds, hereinafter referred to as
"premises".
1.5 Dates of Use and Hours of Operation.
(a) This agreement provides for operation of carnival and related facilities during the 2020 and
202I Fair. Licensee is licensed to occupy and use the premises for the purposes herein
permitted on the following dates:
Scheduled Fair Dates are:
September 3-Septemb er 7, 2020
September 2-Septemb er 6, 202I
(b) This agreement will automatically renew for an additional three (3) years (2022-2024 Fairs),
subject to review and/or modification of terms and conditions by the County. The County has the
option, however, to terminate with written notice by October 31,202I and proceed with a new
RFP for future fairs. If contract automatically renews as of November 1, 2021, for the additional
three years, contractor will be required to provide capital and operational improvements at the
same or greater level for the extended term.
(c) The hours of operation shall be determined by the Event Center Director and Carnival Fair
Board of Director no later than May 15 of each year of this agreement.
1.6 Possession. Possession of the premises shall at all times remain in the County and the rights
of use and occupancy are subject to limitation, suspension, or revocation by the County when the
County determines it has a need for the premises inconsistent with the rights herein granted;
provided, the County shall give such notice as is reasonable under the circumstances.
II. AMUSEMENT RIDES AND SHOWS
2.1 Basic Obligations. Licensee is obligated to bring to the Kittitas Valley Event Center and
cause to be operated during the hours of operation, determined by the Directot, a carnival
consisting of at least the following minimum amusement rides and shows. Minimum rides and
shows are:
(a) At least three (3) spectacular rides;
(b) At least eleven (11) major adult rides;
(i) Each year aFerris Wheel will be included
(c) At least eight (8) kiddie rides;
2.2 Kiddie Land Obligation. Licensee will operate a separate carnival facility to be known as
"Kiddie Land",which will contain amusement rides designed to accommodate small children or
families.
2.3 Amusement Ride and Show Price and Duration. The gross price to be charged for an
amusement ride or show shall include any local, state or federal taxes collected by Licensee 1n
connection with selling admission tickets for the amusement ride or show. The gross price
charged by Licensee must be approved by the Director as provided for in paragraph 6.4.The
period of each ride shall be not less than three minutes, including loading and unloading.
2.4 Tickets. Licensee shall obtain (order and purchase) for all amusement rides and shows,
sequentially numbered tickets within each denomination to be sold. The Fair's logo shall be
printed on each ticket (with an exception to the first year, 2020, of this contract) . Ticket color
and format will be determined on an annual basis.
REPORTING: Licensee shall use such ticket as it may need for operation of the amusement
rides, and shall account for such use on a daily basis by submittal of a Daily Ticket Sales Report.
Daily reports must include, at a minimum, seller name/number, ticket type, gross ticket price,
starting and ending ticket number, quantity sold and total receipts. Report shall include seller
reports with all types of tickets sold on that date, with summary indicating quantities by ticket
type and gross receipts. Licensee shall submit daily reports to Fair Administration by 12:00
Noon the day following sales.
2.5 Special Promotions. Licensee will provide for the presentation of special days featuring
reduced prices for amusement rides. Special days during each fair will be determined between
the Fair and Licensee.
(a) Pre-Sale Descriptions. Licensee will provide for the Kittitas County Fair on
or before June 15th ofeach year ofthe contract, pre-printed carnival ride tickets for Pre-sale.
These tickets will be consecutively numbered by either ticket or book. These tickets will have
the name of the Kittitas County Fair and the Licensee on each ticket and will be printed in
different colored ink than tickets sold during Fair.
(b) "Pay one price" days shall be provided. On all days of the Fair, Licensee
shall make available, in addition to regular tickets, a unit price ticket for all amusement rides.
The Licensee shall develop and implement a supplemental ticketing system for "pay one price"
tickets. The "pay one price" ticket price and supplemental ticketing system shall be presented to
and approved by the County, which approval may be granted or denied at the County sole
discretion, on or before May 15 of each year.
2.6Payment. Licensee hereby agrees to pay the County each year of this agreement according to
the attached "Financial Proposal Form", Exhibit "A", which is incorporated herein and made part
of this contract for the amusement rides and shows.
2.7 Condition All rides will be in good working condition during the duration of the Fair each
year. All rides will be free of excess dirt/dust/grease etc. Lights will be functioning and
maintained throughout the Fair.
III. NOVELTY AND GAME CONCESSIONS
3.1 Concession obligation. Licensee shall provide no more than one (1) miscellaneous novelty,
and no more than fifteen (15) or less than twelve (12) game concessions. Additional novelty and
game concessions may not be provided unless authorized by a separate "Concessionaire License
Agreement".
3.2 Restrictions. Licensee shall not operate any games which are in violation of state laws or
regulations; offer cash prizes or re-purchase prizes in any game; offer as prizes live ducks,
chicks, or other live animals, (goldfish are permitted); knives, firearms, or any items which could
be used as a weapon; offer as prizes, or display, drug paraphernalia, posters or other items
deemed to be inappropriate by the Event Center Director.
3.3 Payment. Licensee hereby agrees to pay the County each year of this agreement according to
the attached "Financial Proposal Form", Exhibit "A", which is incorporated herein and made part
of this contract for novelty and game concessions.
IV. FOOD CONCESSIONS
4.I Concessions Obligation. Licensee may operate no more than two (2) food concessions in
main area and one (1) food concessions in "Kiddie Land". Additional food concessions may not
be provided unless authorized by a separate "Concessionaire Percentage Licensee Agreement".
All food concessions must submit to the Fairgrounds Administration a list of menu items for
approval on an annual basis. All concessions shall conform to the State Board of Health, County
Health District and other regulatory agencies' rules and regulations. Licensee shall not sell beer
or alcoholic beverages. All concessions will be located within the carnival area as designated by
the County andl or Fairgrounds Administrati on.
4.2Payment.Licensee hereby agrees to pay the County each year of this agreement according to
the attached "Financial Proposal Form", Exhibit "A", which is incorporated herein and made part
ofthis contract for food concessions.
V. PAYMENT PROCEDURE
5.1 Payments Due. Final payment of the amounts owed to the County each year shall be made on
or before the fifth day following the closure of the fair in thatyear, except as othetwise provided
in paragraphs 7 .4.
5.2 Annual Report and Adiuctmenl. The Licensee shall annually provide the County a verified
statement of its gross receipts from the operation of the amusement rides and shows at the fair.
The verified statement shall be submitted to the County at the end of each fair and in no event
shall be later than five (5) days following the closing date of each fair. Gross receipts from
amusement rides and shows will be subject to adjustment as provided in paragraph2.4.
VI. CONDITIONS OF USE
6.1 Location of Camival. The amusement rides, and concessions shall be operated exclusively
within the areas designated annually by the County and Fair Administration, which designation
shall be made at least thirty (30) days prior to the fair opening day. The County will designate a
separate area to be known as "Kiddie Land". This separate area may be within, adjacent to, or
separated from the general carnival area and other rides, within the discretion of the County and
Fair Administration.
6.2 Operation Terms. The Licensee shall:
(a) Pay City License.
(b) Conform to and comply with all federal, state, county and local sanitation and
health rules, regulations and laws goveming such use.
(c) Report and pay all federal, state, county and local taxes thatmay be due or
payable by reason of any operation hereunder.
(d) Reduce the volume of sound amplifying devices when determined necessary
by the Fairgrounds administration.
(e) Restrict all activities, signs, and advertising matter to the space assigned and
place no signs or advertising on the outside of permanent buildings. All prices and number of
tickets must be conspicuously posted at all appropriate locations. Appropriate signage must be
displayed as a form of information. Signage must be neat and displayed in a professional
manner that enhances the appearance of the carnival.
(f) Post in a conspicuous place a plainly printed placard showing menus and the
prices of all menu items.
(g) Provide a public relations area with personnel, to deal with
complaints/concerns from the general public.
(h) Licensee must use the Fairgrounds' soft drink exclusive contractor. All
drinks shall be served in paper containers.
(i) Maintain designated area free of all garbage and debris at all times. Garbage
and debris to be bagged and deposited in designated collection atea.
O Provide bench seating throughout the main camival and "Kiddie Land" for
guest seating.
(k) Promptly close operation of concessions which in the opinion of the County
and Fairgrounds Administration are offensive to good taste or in any way objectionable.
(l) Abide by all general conditions and rules and regulations, written or orally
made by the County from time to time and at any time governing the conduct of concessionaires
during the fair, agreeing especially that future oral or written conditions and rules and regulations
shall become part of this contract the same as now published.
(m) Use only fire-resistant materials for decorating.
(n) Put grease in designated containers.
(o) Provide own extension cords and hoses for water and sewer hookup to
County facilities where necessary.
(p) Be responsible for and remove any hazardous products generated during the
fair and comply with all laws, rules and regulations concerninghazardous waste.
(q) Require all employees to wear distinctive uniforms in a color and design
approved in advance by the County, which uniforms shall be maintained and laundered as
necessary
Licensee.
(r) Have all employees provide courteous, efficient, sanitary, and safe service to
patrons. Abusive language will not be tolerated. Persons handling and vending products under
this agreement shall meet all applicable county and state health regulations.
(s) Licensee is required to provide portable showers for carnival employees in an
area designated by the County.
(t) No bicycles, skateboards, or roller blades will be allowed on the main
fairgrounds.
(u) Licensee shall provide their own power source i.e. (generators) and wiring for
rides, games, and equipment operation.
(v) The quality of the carnival rides, games, attractions and concessions is
expected to improve each year of this license agreement.
(w) No animals, except service dogs (as enforced by RCW 70.84 and RCW
49 .60.218) will be permitte d at any time on the fairgrounds in the carnival designated areas,
including in vehicles or living quarters.
6.3 Alterations. The Licensee shall:
(a) Permit no electrical wiring to be done on any portion of the fairgrounds
electrical system without permission from the County andlor Fair Administration and then only
under the supervision of the County and Fair Administration. Licensee must comply with all
laws, rules, and regulations including local ordinances and electrical codes.
(b) Make no alterations to County property without prior approval of the
Fairgrounds Administration.
6.4 Count-y Approval. Only those amusement rides and concessions approved by the County
shall be allowed on the fairgrounds and operated by Licensee under this agreement.
(a) On or before May 15 of each year of this agreement, Licensee shall submit to
the County for its approval a written listing of all amusement rides which Licensee intends to
operate, and the prices which it intends to charge for each ride. The County shall on or before
June 1 of each year of this agreement, indicate its approval or disapproval of the listing, or
portion thereof. If the County disapproves any amusement ride or price, Licensee shall on or
before June l5 of each year of this agreement submit an alternative to meet the approval of the
County.
(b) On or before May 15 of each year of this agreement, Licensee shall submit to
the County for its approval a written listing of all concessions that Licensee intends to operate
and items to be sold. The County shall on or before June I of each year of this agreement,
indicate its approval or disapproval of the listing or portion thereof. If the County disapproves
any concsssion or item to be sold, Licensee shall on or before June 15 of each year of this
agreement submit an alternative to meet the approval of the County.
The cost of such uniforms and their maintenance and laundering shall be borne by
(c) Approval of all amusement rides and concessions shall be at the sole
discretion of the County. Only Licensee and wholly owned equipment will be used to service
this agreement. Any request for sub-contracting must be submitted by June 15 of each year with
type of equipment and who owns equipment explained. Failure of Licensee to submit the listings
as required by this paragraph shall constitute a breach of this agreement.
(d) The Licensee, with written consent of the County may add additional or
substitute amusement rides, of their own, up to seven (7) days prior to the fair when, in the
opinion of the County, such addition or substitution would materially enhance the overall quality
of the fair.
6.5 Annual Review. There will be an annual review for a period of forty-five (a5) days after the
close of each fair during which either pafi may cancel this agreement. Written notice of such
cancellation shall be effective if mailed to the other party within the same time period by
certified or registered mail.
6.6 Approvals Conditional. Any approval by County under this agreement is conditioned upon
the amusement rides and concessions meeting the requirements of all federal, state and local
laws and the County reserves the right at any time without liability or penalty, to disapprove any
ride or concession upon its sole determination that there is or may be a violation of any law. The
responsibility and cost of obtaining any and all permits as may be necessary to assure
compliance with law shall be borne entirely by the Licensee.
6.7 Compliance with Law Required. Licensee covenants that its carnival and all amusement
rides, novelty and game concessrons, and food concessions or those of any sub-licensee or
subcontractor shall strictly comply in all ways with every provision of this agreement, and with
applicable city, county, state and federal laws, rules and regulations, in any matter concerning the
operations contemplated by this agreement. Licensee further covenants that in operation of its
carnival and in the operation of all amusement rides, sideshows, and concessions under this
agreement there shall be no obscene, immoral or objectionable devices or practices, shows, or
exhibits of any kind whatsoever. Licensee will immediately upon demand of the county close
and remove from the fairgrounds any such device or practice, show or exhibit that is operated in
violation of any city, county, state or federal law, rule or regulation, or which is, in the County's
opinion, in any manner obscene, immoral or otherwise objectionable. Licensee agrees to save
the County and its elected and appointed officials, officers, employees, agents and volunteers
harmless from any liability or damage for closure or removal from the fairgrounds. Such closure
or removal will in no way reduce the amount of money due the County from Licensee under this
agreement.
6.8 Exclusivity of Licensee's Rights. The County shall not permit any commercial camival
offering mechanized amusement rides, except animal rides, to be operated on the fairgrounds
during the fair, except that of Licensee, unless Licensee fails to comply with the terms and
conditions of this agreement, thereby making it necessary for the County to obtain the services of
another operator;
PROVIDED THAT the County or its other contractors may operate any activity classed as
transportation, motorized or otherwise, to convey visitors to or from the fair, to or from the
parking lot, and to or from various points on the fairgrounds; and
PROVIDED FURTHER that such exclusivity of right shall not apply to the operation of novelty,
game, and food concessions, and the County shall be free to authorize such additional
concessions as it may deem necessary so long as said concessions are not located within the
designated carnival area, and,
PROVIDED FURTHER that the County may operate or cause to be operated a specialty ride
which the Licensee cannot or will not provide, such operation to be no less than fifteen (15)
yards away from the designated carnlal area.
6.9 Abide by Rules and Resulations. Licensee shall cause all its agents, employees, and any
sub-licensee or subcontractor to abide by all rules and regulations prescribed by the County,
County Safety Personnel, or the Fairgrounds Administration governing the operation of and
admission to and exit from the fairgrounds during the fair or providing for parking or traffic
control and by such other reasonable rules and regulations of the Fairgrounds Administration as
may be communicated to Licensee prior to or during the fair.
6.10 Vehicles. Personal vehicles and business vehicles of the Licensee, Licensee's agents,
employees and any sub-licensee or subcontractor, not needed for actual carnival operation shall
at no cost to Licensee be parked only in a parking areato be designated annually by the
Fairgrounds Administration.
6.1 I Clean Premises. Licensee agrees to clean at Licensee's expense, the designated carnival
area and dispose of all refuse within twenty-four (24) hours of the close of the fair and to repair
all damage to such area andrestore it to the same condition as originally found. Additionally,
during the period which the fair is operating, Licensee shall always observe good housekeeping
practices and keep the area provided for operation of its facilities and those of its subcontractors
and sub-Licensees neat and clean so that they will be in a presentable condition as will be
deemed reasonably satisfactory to the Fairgrounds Administration. All refuse shall be placed in
containers to be provided by the County, with the County to assume the expense of
transportation for disposal of such waste at an approved landfill site. Any failure to comply
gives the County authority to restore and clean the premises at Licensee's expense.
VII. GENERAL CONDITIONS
7.1 Payments. All payments due and owing under this contract shall be paid to the County by
the Licensee, and all documents required to substantiate such payments shall be Provided, no
later than five (5) days after the closing of each annual fair.
7.2 Liquidated Damages.
(a) In the event that any required item of equipment, or its equivalent, herein agreed to
be furnished by Licensee should not be so available during the Fair, the sum FIVE THOUSAND
DOLLARS ($5,000.00) for each spectacular, FOUR THOUSAND DOLLARS ($4,000.00) for
each major, TWO THOUSAND DOLLARS ($2,000.00) for each kid ride shall be paid by
Licensee to the County, in addition to other amounts herein provided for. This subsection shall
not apply where unavailability is no longer than two (2) days.
(b) If Licensee fails or refuses to bring its carnival to the fair in accordance with this
agreement, Licensee will pay to the County the sum of ONE HUNDRED FIFTY THOUSAND
DOLLARS ($150,000.00) each year Licensee defaults and County may terminate this agreement
upon notice to Licensee.
7.3 County or State Auditor may Audit Sales
(a) The County or State Auditor, or others as designated by the County, n&y take steps it
deems reasonable and necessary to monitor and to audit ticket sales and any other business
records relating to business of the Licensee, including but not limited to auditing receipts by:
(1) Stationing its representative in any booth;
(2) Checking cash register totals or subtotals;
(3) Examining Licensee's ticket sales booths;
(4) Checking ticket inventories; and
(5) Taking all other steps necessary or appropriate to monitor the use and
distribution of tickets and audit the amount of gross receipts from sales of goods
and services.
(b) Licensee agrees to keep accurate and complete books and records of accounts
including but not limited to payroll and general ledgers that will be available on reasonable
notice for inspection by agents or employees of the County or State Auditor. Licensee shall
keep all records required by this agreement for five (5) years after termination of this agreement.
7.4 Advertisine for Carnival and Kittitas Countv Fair. See "Proposal". Licensee shall pay to the
County the each year of this agreement TWO THOUSAND DOLLARS ($2,000.00), to be used
by the County for advertising the Kittitas County Fair and Carnival. Payment shall be made on
or before June 1 ofeach year.
7.5 County to Furnish Water. The County agrees to fumish to Licensee for use on the
fairgrounds reasonable quantities or potable water for domestic purposes only. All other utilities
and services required or convenient to Licensee for the operation of its amusement rides,
concessions, and equipment will be arranged for, obtained and furnished by at the expense of
Licensee.
7.6 Hold Harmless Agreement. Licensee shall protect, save harmless, indemni$r, and defend at
its own expense, Kittitas County, its elected and appointed officials, officers, employees, agents,
and volunteers from any loss or claim for damages of any nafure whatsoever, arising out of the
performance of this agreement, including claims by Licensee's employees or third parties, except
for those damages solely caused by the negligence or willful misconduct of Kittitas County, its
elected and appointed officials, officers, employees, agents, or volunteers. Neither Kittitas
County, nor it's elected and appointed officials, officers, employees, agents, or volunteers shall
be liable for any damage or injury to the Licensee, its sub-Licensees or sub-contractors, or its or
their employees, or its or their properties occurring through, or caused by a defect to the premises
used or property licensed pursuant to this agreement. Licensee shall assume the entire risk by
loss of or damage to its property or property of its sub-Licensees or sub-contractors used in
connection with this agreement. Property shall include but not be limited to the amusement
rides, side shows, novelty and game concessions, and food concession booths together with all of
their fixtures, supplies, and inventory of merchandise for sale, owned or leased by or consigned
to the Licensee or his sub-Licensees or sub-contractors.
7.7 Insurance.
(a) Licensee shall obtain, and maintain continuously for the term of this
agreement, occuffence form Commercial General Liability Insurance with endorsements and/or
other insurance to indemnify for the activities and services of this contract, with a carrier subject
to the approval of the County. Minimum limit of coverage shall be SIX MILLION DOLLARS
($6,000,000.00) combined single limit, each occuffence and TWELVE MILLION DOLLARS
($12,000,000.00) aggregate exclusive to this contract with Kittitas County.
(b) Such insurance shall be endorsed to include Kittitas County, its offtcers,
elected officials, employees, agents, and volunteers as an additional insured, and shall not be
reduced or canceled without forty-five (45) days written prior notice to the County. This
insurance shall be primary and non-contributory.
(c) Such insurance shall be endorsed to include a "cross liability", "severability
of interests", or "separation of insured's" indicating essentially that "except with respect to the
limits of insurance, and any rights or duties specifically assigned in this coverage part to the first
named insured, this insurance applies as if each named insured were the only named insured, and
separately to each insured against whom claim is made or suit is brought.
(d) Licensee shall provide to County a certified copy of the insurance policy with
all endorsements as evidence of coverage. Approval of insurance documentation is a condition
precedent to full execution of this agreement.
(e) If the cost to Licensee of insurance necessary to comply with (a) through (d)
of this paragraph increases after the 2020 fair in an amount that could not reasonably have been
anticipated by Licensee upon execution of this agreement, Licensee may request that the County
enter into negotiations with Licensee, which negotiations shall be limited to the subject of
insurance and shall not affect application of (a) through (d) of this paragraph. If the parties do
not enter into a written agreement concerning insurance before the first of March after such
request, then either parfi may terminate this agreement by giving written notice of termination to
the other party within 15 days thereafter. If the increase in the cost to Licensee of insurance
could reasonably have been anticipated or if notice or termination is not given between March I
and 15 as provided herein, this agreement including the requirements of (a) through (d) of this
paragraph shall remain in full force and effect.
7.8 Governing Law and Stipulation of Venue. The laws of the State of Washington shall govern
this agreement and the parties stipulate that any lawsuit regarding this agreement must be
brought in Kittitas County, Washington.
7.9 Attorney's Fees. The losing party agrees to pay reasonable attorney fees and costs to the
prevailing party in the event it is necessary to commence any legal action, suit or proceeding
against the other party by reason of any breach of this agreement.
T.l0Indemnification for Damage to County. The Licensee agrees to indemnify the County for
any and all damage caused by its negligence to the County's property.
7.11 Termination. This agreement may be terminated by the County if:
(a) In the judgment of the County, it is unable to present an agricultural fair on
the dates specified in this agreement.
(b) There is failure to make payment as required or violation of any term of
condition provided for herein which Licensee, having been given written notice or any such
violation, has failed to correct within a reasonable period of time;
(c) There occurs an assignment for the benefit of creditors by, or an institution of
bankruptcy proceedings for or against, the Licensee;
(d) There is shown to exist fraud, collusion, or conflict of interest on the part of
any of the parties andlor their agents in obtaining this agreement or carrying out the provisions
hereof. For these pu{poses, the above terms are as defined by the laws of the State of
Washington, including, but not in lieu of these laws, conflict of interest is also defined to include
the giving or receiving of any gratuity or the entering of any employment relationship between a
county officer or employee and the Licensee that is not first disclosed and approved by the
County in public meeting.
(e) There is compelling governmental need for the premises which the County
determines is inconsistent with the privileges granted herein.
(0 There is a sale of more than forty-nine percent (49%) of the stock of Licensee
Corporation to a person not now a shareholder, or the officers or directors of Licensee
Corporation are changed. Licensee agrees to promptly inform the County of any such sale or
change.
(g) Termination by the County is otherwise provided for in this agreement.
7.12 Termination Rights. In the event of termination, the Licensee shall be obligated to pay all
sums due and owing at the date of termination and the County shall not be liable for any
damages resulting from the termination.
7. l3 Agreement is Personal. It is agreed that the personal and business integrity of Licensee's
officers and directors is a major consideration on the part of the County in entering into this
agreement, and that the agreement is personal to Licensee and may not be assigned, delegated,
transferred or seized by or through any legal proceedings, either voluntarily or involuntarily
without express written approval of the County.
7.14 Independent Contractor. Licensee agrees that Licensee will perform services under this
agreement as an independent contractor and not as an agent, employee, or servant of County.
The parties agree that Licensee and its employees are not entitled to any benefits or rights
enjoyed by employees of County. Lessee specifically has the right to direct and control
Licensee's own activities in providing services in accordance with the specifications set out in
this agreement. County shall only have the right to ensure performance. Lessee agrees that
neither it nor its employees, agents, sub-contractors or sub-Licensees shall in any manner
represent itself or themselves or permit itself or themselves to be represented to the public as an
agent of the County.
7.15 Modifications. This agreement may only be modified in written format and modification
must be accomplished with the same formalities as are required for the execution of this
agreement.
7.16 Correspondence. All correspondence concerning this agreement to be forwarded to Kittitas
Valley Event Center, 901 East 7th, Suite 1, Ellensburg, WA 98926 for the County and to Paul
Maurer Shows,16081 W arren Ln., Huntington Beach, CA92649 for the Licensee.
6rv(day ofDated this 2020, at Ellensburg, WA.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
PAUL MAURER SHOWS
{
ture of SignatoryDate @ 2-/3 - &o)o
Print Name of Signatory
Cr.<>ngf
ATTEST:
AblTPaa
PATII,WDNSAOWS
FIT{ANCIAL PTOFOSAL FORII EXHIBIT "A'
IINTT|TAS CgUt{TY FA|R (IO2O-3:025J
YEAR
202{l- - 4W of the total (adfanCC) wiisrbrind [io$STales.
"-
35o of the total {onsite) wristband & ticket sales
$175 Per novelty sale concession. Not morc than (l)
$175 Pcr game concession. Not less than (15) game concessions.
$200 Per food conccssion. Not less than (2) no more than (3) foocl concessions.
$5000 "annually" toward capital improvements fo the Fair & Expo Center.
$1000 "annually" toward the purchasc of an animal at livestock auction.
5g Daily unlimitcd ride wristbands lbr rnarketing & promotions
Vs' $80.,000"00 "flat guarantec" (which woultl include all games, food, novelty, animal
purchase & capital improvemcnts),
YBAR
2021
Vs"
40"h of the total (advancc) rvristba.nd gross sales.
35oh of the total (onsite) wristband & ticket sales
$175 Per novelfy sale conccssion. Not more than (l)
$175 Per game concession. Not less than (15) game concessions.
$200 Per food concession. Not less than (2) no more than (3) food concessions.
$5000 "annually" toward capital improvements to the Fair & Expo center.
$f 000 "annually" toward the purchase of an animal at livestock auction.
50 Qeilv unlimitetl ride wristbands for marketing & promotions
e@lltj "flat guarantoe" (which would include all games, food, novelfy, anirnal
purchase & capital irnprovements).
Page (l) of (4)
PAIII, ililATINNN SHOlwS
_/
of thc total (advance) wristband gross salcs.
of the total (onsite) wristband & ticket salcs
Pcr novelty sale conccssion. Not moro than (l)
Per game concession. Not less than (15) game concessions.
Per food concession. Not less than (2) no more than (3) food concessions.
"annually" towanl capital improvemcnts to the Fair & Expo Center.
"annually'n toward the purchase of an anirnal at livestock auction.
50 Dailv unlimited ride wristbands for marketing & promotions
$80.000.00 "flat guarantee" (which would include all games, food, novclty, animal
purchase & capital improvcments).
of the total (advance) wristband gross sales.
of the total (onsitc) wristband & ticket sales
Per novelty sale conccssion. Not more than (l)
Per game concession. Not less than (15) game concessions.
Per foocl concession. Not less than (2) no more than (3) food conccssions.
"annually" toward capital improvcments to the Fair & Expo Center.
"annuallyt' toward the purchasc of an animal at livestock auction.
50 Daily unlimited ride wristbands fbr marketing & promotions
$80"000,00 "flat guarantee" (which would include all games, food, novelfy, nnimal
purchase & capital improvements).
COII"T. fIilAIIClA[ P*OFOSdIL BID . KITTITAS COUHTY FAIR
YEAR
2022
Vs.
YEAR
2A23
Vs.
40'h
3s',h
$r75
$175
$200
$s000
$1000
400h
350h
$175
$r75
$200
$5000
$1000
Pagc (2) of (a)
PATII,ffiENSTOWS
colrl'T - FlHANclAL PRoFosAt BtD - f,trflT*ts cout{w FA|R
YEAR
2424 40"A of the total (advance) wristband gross sales.
35o/" of the total (onsite) wristband & ticket sales
$175 Per novelty salc concession. Not rnor€ than (1)
$tZ5 -Per garne ConcC,ision. "l{dlleCs than (l -5fSam e ns.
Vs.
YEAR
2025
Vs.
$200 Per food concession, Not less than (2) no rnore than (3) food concessions.
$5000 "annually" toward capital improvements to thc Fair & Expo Center.
$1000 'oannuallyrf towarcl the purchase of an animal at livestock auction.
50 Daily unlimited ridc wristbands for rnarketing & promotions
$8&000"{19 "flat guarantee" (rvhich would include all games, food, noveltyo animal
purchase & capital improvements).
4{l% of thc total (advance) wristband gross sales.35" of the total (onsite) wristband & ticket sales
l5l7E Per novelty sale concession. Not more than (l)
$175 Per game concession. Not lcss than {15) garno concessions.
$200 Per food concession. Not les.s than (2) no rnoro than (3) food concessions.
$5000 "annually" toward capitnl improvements to thc Fair & Expo Cenfer.
$1t|0CI "annually" toward thc purchase of an animal at livestock auction.
5-q $ailv unlimited ride wristbands for rnarketing & promotions
g$].q90"!}jl "flat guarantee" (which would include nll games, food, novelty, animal
purchasc & capital improvcmcnfs).
i
-+- -+__ __-_!_-__i-a-#:==::l
Page (3) of (4)
I Paut F. Maurer, the Sole Owner of Paul Maurcr Shows certifies to the Kittitas County
Fair & Expo Center that t have thoroughly familiarized myself with RFP KVEC2020-02
dated January 8r202A and hereby accept all rcasonable disclosed risks in submitting this
proposal & financial offer that my prudent review of saicl RFP reveals. Further-more, I
certify that the information provided within this proposal and financial offer is 100%
accurate, true and correct, and not intended in any way to mislead the Kittitas County
Fair Board in any manner. If there is gny questions or uncertainty concerning this
proposal or financial offer herein, it is scl requestcd that you contact me directly on my
cetlphone (310) 489-4047 or (my brother) Don Maurer at (619) 823-5204 for said
as needed.
/ -/t '';rd J )
Authorized Signature
Paul F. Maurern Owner
Date
OFFICAL SEAL
Page (4) of (a)