The URL can be used to link to this page

Home My WebLink About1993-05-10 93-255 ORDERCouncil Action Uses May Ma 3, 1993 Item No. 93-255 Item/Subject: Bangor State Fair 1993 MidwayContract Responsible Department: Bass Park Commentary: The existing contract for 1992-1993 is with. Uptown Festival s Patrick Mulcahy. For all intents and purposes Uptown Festivals will not supply the Midway for the 1993 Fair-Fiesta Shows under the direction of Eugene Dean of Salisbury, Massachusetts ( a partner in the old Uptown coalition) will be the provider. This contract, which will recognize that Each, is based on the old Uptown agreement but is for the 1993 Fair only. The major change in the contract is a result of raising the admission to $7.00 thus raising the initial takeouts by 16%. It in our infection to put together a '"P" for a carnival operator for the 1994-1998 Fairs this summer. Limiting this contract to aingle-seasc n outs the City of Bangor in a most advantageous position, as the Fair n only benefit from a competitive bid situation. This matter has been discussed with Mr. Dean and he has no problem with the arrangements. The Hass Park Committee has approved the contact as presented ' ^ pAepartmen[Xmd Manager i comments:Ja yl , n �pNl �M.Wp[Y�wry �4 PAd.�a P- FSP Associated Information: I) Budget Approval Emilie Dio�" ZZ Legal APprovpl:MM�tKa(wt nc_ls_W/;1 / 9p ry5etie;mr Vol( 4,a .(r( b l%i3 cat %P;n Gceeo-pvf J i Inso�ced For J�,Passage `First Reading ❑Referral Page 1 of L 93-255 Auiged to Commahu Frenkel, May 10, 1993 r s CITY OF BANGOR (TITLE.) (JDrbVr,--AutbCrizing.City Manager to_.E ecute 'An Agreement with Fiesta Shows, Salisbury, Massachusetts to provide the Carnival for the 1993 Bangor State Fair. By dw C(q Caused of 0e Ct ofBanzw: ORDERED, TBAR the City Manager is hereby authorized in behalf of the City of Bangor, to enter an agreement with Fiesta Shows, Salisbury, Massachusetts to furnish the Carnival for the 1993 Bangor State Fair. A Copy Of said agreement is attached to this order. 93-255 ORDER Title, IN CITY COUNCIL May 10, 1993 Authapieivg, CfFY. MPRaBeF. FA. CXftDYe.PM Passed. Substitute Contract Agreement with Fiesta Shaws, Salisbury, Massachusetts Acas ted. toCarnival [ proidshe (y//7 F... far. .... he. }9 i. SangnrState Fair. Assigned t�o. .... l./�4! Cou...... Councilmen 93-255 BANGOR STATE FAIR MIDWAY OPERATION 1993 AGREEMENT Agreement made this day of by and -between the City of Bangor. hereafter referred to as *CITY"and Fiesta Shaws, Inc.. hereafter referred to as 'SHOW'. The parties hereby agree to uphold the following terms and conditions for the operation of the midway during the 1993 Bangor State Fair: 1. All terms, conditions or agreements included in the Uptown proposal. October, 1988, shall be incorporated into this agreement and become a part thereof. This agreement may be subject to negotiated changes which are mutually agreeable to both parties. Z. The number and quality of the rides and shows during the life of this agreement shall consist of a minimum of (30) major rides which will include a minimum of IBl spectacular rides. All rides will be ins excellent condition and clean at all times. The Shows and Concessions shall also be clean and of good quality with a sufficient number to fill the midway with an assortment that is n keeping with the past tradition of the Bangor State Fair. NII SHOW employees an all be olothed m clean attire when n duty and shall wear photo identification badges. ALL SHOW employees Or personnel retained by the SHOW will be courteous t0 the public at all times and any complaints concerning the behavior of any SHOW Personnel shall be resolved immediately by the SHOW management. 3. The SHOW must have all rides erected and operable on the 28th of July, 1993, and all concessions set up and ready to go. No rides or concessions shall be dismantled before eleven o'clock PM on August 7, 1993, without the permission of the CITY. 6. The area around n the rides and concessions will be cleaned bythe SHOW at the closeOfseachday and the CITY shall provide and maintain barrels and a dumpater in which to put refuse. 5. All admission pricing and special promotions, (such as senior citizens' day) will be done by the mutual consent of the CITY and SHOW. S. The midway area controlled by the CITY and the SHOW midway area will be determined by the CITY with the concurrence of the SHOW. 7. All surplus trucks, trailers and vehicles shall be parked off the midway in an area designated by the CITY. 93-255 0. The term of this Agreement is for the 1993 Bangor State only. 9. Payments for the midway rentals shall be paid as fol 10WE: (a) All tickets to be $7.00. (b) All tickets shall be provided by the SHOW and sold by the CITY. (c) The price of admission will include all mechanical rides, all grandstand shows and all. satellite stage shows and fair supplied entertainment. Nan -mechanical back -end "shows" provided by the SHOW will charge an admission Tee. Of m ney'r ved from paid admissions the CITY will keep the first 4405,000. The next $174,000 r vetl s paid admissions will go to the SHOW. The next $70,000 received as paid admissions will go to the CITY. Thenext 430,000 received as paid admissions will go to the SHOW. Admissions money above 4679,000 will he split seventy percent (70%) to the CITY and thirty percent (30%) to the SHOW. The SHOW will keep all rent from its Midway a The SHOW will provide o reimburse the CITY for a electricity for the operatioof all rides, food and games o its Midway. In addition, the SHOW will asist the CIl'Y with the promotion and gate mechanics of the Pay -One -Price Fair concept. (dl The SHOW will he responsible for payment to the City Clerk's Office all necessary city licenses for vendors an its midway (lunch wagon permit $69 per location). 30. 1'he SHOW will provide insurance n the amount of ane million dollars for public liability forits operations. A certificate for such coverage will be provided to the CITY at least one month prior to opening day of the fair. The City of Bangor shall be specifically noted on the policy as a co-insured. 11. This contract shall be administered for the CITY by the Director of Bass Park or his designee. This contract shall be administered for the SHOW by - Eugene Dean, President, Fiesta Shows, .Inc., or his designee. Written notice will be given immediately to the Other part if anyone is designated to act in the stead of the two individuals noted above. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed on the day and year first above written. Fiesta Shows, Inc. City of Danger BY: BY: Eugene Dean Ed Barrett President City Manager 93-255" MEMO TO: Dave Pellegrino, City Purchasing Agent FROM; Mike Dyer, Bass Park SUBJECTI BANGOR STATE FAIR MIDWAY OPERATION CONTRACT DATE: December 31, 1882 It has come to my attention, both through the 'grapevine' and as a result of a fame-to-Paom conversation with Eugene Dean of 'Fiesta Showa" that Pat Mulcahy and his "Uptown Festivals USA" are and will no longer be the contractor of record for the Bangor State Fair. 'Fiesta Shows- and Eugene Doan were always known to play a role in the •Uptown• show provided by Pat Mulcahy in past years --am the increased proaence of 'Fiesta Show" rides, games and personnel in 1882 did not necessarily seem out of the ordinary.. 1 am, however, concerned that the agreement we are currently rently operating under is technically null and void. Iwilldefer to the Judgment o4 the Legal Department on this, but 1 would suggest that the best interests of the Bangor State Fair and the City of Bangor will be served by the following steps being takeni I. Enter into aone-year agreement with 'Fiesta Shows". fashioned atter the current •Uptown• agreement to cover the 1993 Pair. 11 believe it to too lata and not in thefair's beat interest to seek a new carnival for 1831. 2. Begin now to put together an •RFP• for a asrnivnl. operator for 1884 1989 so that we n entertain proposals from operators rs who have had a chance to nae the 1899 flair In action. Please do not construe my concern over • ontracte• to Imply that a necessarily unhappy with 'Fiesta Shows' 1882 product -we are not! However, 1 Peel that therm are some . barrio problems with the current agreement and that opening up the bid precede at this time affords us an excellent ( opportunity to benefit from a competitive situation. MD/bh �`�� I�� \ COMPLEXSIB 1 nn DUTMN STR86T - &1NGOF, SWNS' OHGI TELEPHONE! (207) 993-9000 xOox A00iTOnmm a PAX fiOD 9xh3105 � RANCOR xncewntw MEMO TO: Dave Pellegrino, City Purchasing Agent FROM; Mike Dyer, Bass Park SUBJECTI BANGOR STATE FAIR MIDWAY OPERATION CONTRACT DATE: December 31, 1882 It has come to my attention, both through the 'grapevine' and as a result of a fame-to-Paom conversation with Eugene Dean of 'Fiesta Showa" that Pat Mulcahy and his "Uptown Festivals USA" are and will no longer be the contractor of record for the Bangor State Fair. 'Fiesta Shows- and Eugene Doan were always known to play a role in the •Uptown• show provided by Pat Mulcahy in past years --am the increased proaence of 'Fiesta Show" rides, games and personnel in 1882 did not necessarily seem out of the ordinary.. 1 am, however, concerned that the agreement we are currently rently operating under is technically null and void. Iwilldefer to the Judgment o4 the Legal Department on this, but 1 would suggest that the best interests of the Bangor State Fair and the City of Bangor will be served by the following steps being takeni I. Enter into aone-year agreement with 'Fiesta Shows". fashioned atter the current •Uptown• agreement to cover the 1993 Pair. 11 believe it to too lata and not in thefair's beat interest to seek a new carnival for 1831. 2. Begin now to put together an •RFP• for a asrnivnl. operator for 1884 1989 so that we n entertain proposals from operators rs who have had a chance to nae the 1899 flair In action. Please do not construe my concern over • ontracte• to Imply that a necessarily unhappy with 'Fiesta Shows' 1882 product -we are not! However, 1 Peel that therm are some . barrio problems with the current agreement and that opening up the bid precede at this time affords us an excellent ( opportunity to benefit from a competitive situation. MD/bh