R98-026RESOLUTION R98~,~¢~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH (CITY)
AND JOSEPH EDDY ESTIME WITH "ISLAND BEAT
BAND" , TO PROVIDE CONTINUOUS MUSIC AT
THE BLACK AWARENESS DAY EVENT ON
FEBRUARY 21, 1998; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Black Awareness Day is an annual event celebrating Black
History Month and black heritage and history; and
WHEREAS, the City of Boynton Beach provides entertainment for the
community at this annual event; .and
WHEREAS, city staff has indicated the need to provide continuous
musical entertainment for public recreation and enjoyment at the Black
Awareness Day celebration on February 21, 1998; and
WHEREAS, the Joseph Eddy Estime with "Island Beat Band" has the
knowledge, ability, and experience to provide musical services for this event; and
WHEREAS, based on the recommendation of city staff, the City
Commission of the City of Boynton Beach has determined that an agreement
should be entered into with Joseph Eddy Estime with "Island Beat Band" to
coordinate and provide disc jockey services, including equipment for the Black
Awareness Day celebration scheduled for February 21, 1998.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an
Agreement between the City of Boynton Beach and Joseph Eddy Estime with
"Island Beat Band" to coordinate and provide musical services, including
equipment for the Black Awareness Day celebration scheduled for February 21,
1998. A copy of the Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately
passage.
PASSED AND ADOPTED this ,~, day of
,1998.
~ Cit~' Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vic~yor ' ,
c~mmissi~er/
Commissioner
Commissioner
upon
BLACK AWARENESS DAY ENTERTAINMENT AGREEMENT
THIS AGREEMENT made and entered into this O~-tb day of ~'~=J~-iJ~.r~/ , by and
between Joseph Eddy Estime, Island Beat Band, hereinafter referred to as "A~ist" whose
mailing address is 330 Ross Drive, Delray Beach, FL 33445 and the City of Boynton
Beach, Florida, a municipal corporation, hereinafter referred to as "City,~ whose address is
100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435.
WHEREAS, the City is in need of services to provide music entertainment for public
recreation and enjoyment during the annual Black Awareness Day festival held on
February 21, 1998 at the Civic Center, 128 E. Ocean Avenue, Boynton Beach, Florida, and
WHEREAS, Artist has the knowledge, ability and equipment to provide Black Awareness
Day entertainment, and
WHEREAS, the City desires to engage the services of Artist to provide Black Awareness
Day entertainment for the aforementioned purposes,
NOW THEREFORE, and in consideration of the mutual covenants and promises set forth
herein, the parties to this agreement do hereby agree as follows:
1. That Artist will provide music, including equipment, for the performance listed below at
one staging area for the day of the event, February 21, 1998, for the amount of $400.
4:30 - 6:00 p.m. band "Island Beat Band"
2. That the City shall provide a check in the amount of $400.00 made payable to Joseph
Eddy Estime on February 21, 1998 (to be given to Artist after performance).
3. That, in the case of severe inclement weather as determined by the City, Black
Awareness Day Entertainment Coordinator shall notify Artist two (2) hours prior to
scheduled .performance to cancel.
4. That, in the event of sickness or acts of nature which cause an inability for the Artist to
perform as scheduled, Artist shall substitute similar artist(s) with prior approval by Black
Awareness Day Entertainment Coordinator.
5. That no alcohol or illegal drugs shall be consumed by Artist prior to, during or
subsequent to the Black Awareness Day festival performance in Boynton Beach.
6. That Artist shall be self-contained as there will be no professional sound equipment
provided by the City for the BlaCk Awareness Day festival, February 21, 1998.
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15.
That no performance(s) which form the subject matter of this agreement shall be
recorded, reproduced or transmitted [rom the place of performance, in any matter or by
any means whatsoever, in the absence of a specific written agreement relating to and
permitting such recording, reproduction or transmission.
That Artist shall provide verification of a one million dollar insurance liability policy which
names the City, its officials, agents, employees, volunteers and participants as
additional insured. An original certificate of this insurance coverage shall be provided
to the City's Risk Manager from the Artist's insurance carrier. See attachment.
That the City shall not be held responsible for damages to Artist or Artist's sound or
lighting equipment or stage due~to vandalism or acts of nature prior to the
implementation, during or after the termination of this agreement.
That the City shall not .be responsible for any property damage or personal injury
sustained by Artist from any cause whatsoever, prior, during or subsequent to the
period of time during which this agreement is in effect. Artist hereby waives,
discharges and releases the City, its agents and employees from liability for the
negligent acts of City or its employees and agents.
That Artist shall not sell~ subcontract or transfer'this agreement to any individual, group,
agency, government, non-profit or profit corporation.
That Artist shall indemnify, save and hold harmless the City, its agents and employees
from any claim, demand, suit, loss, cost of, expense or damage which may be asserted,
claimed or recovered against or from City or City's agents or employees, by reason of
any damage to property or person, including death, sustained by any person
whomsoever, which damage is incidental to, occurs as a result of, or arises out of the
negligent or wrongful act(s) of Artist.
That, in the event that litigation shall be necessary for the enforcement of this
agreement on behalf of either party, then the prevailing party shall be entitled to
reasonable attorney fees and costs incurred in said litigation. Venue for said litigation
shall be Palm Beach County.
That Artist shall provide the City with culturally diverse music for the Black Awareness
Day festival.
That Artist shall not discriminate against any person on the basis of race, color, religion,
ancestry, national origin, age, sex, marital status, sexLJal orientation or disability in its
hiring or contracting practices, the selection of music artists or for any reason
associated with this agreement.
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That this agreement alone sets forth all the covenants, promises, agreements,
conditions and understanding between the parties hereto. There are no covenants,
promises, agreements, conditions or understandings, either oral or written between the
parties other than those herein set forth. No agreement shall be binding upon the
parties unless and until it is reduced to writing and signed by both Artist and the City.
If any term or provision of this agreement shall, to any extent, be deemed invalid or
unenforceable, the remainder of this agreement shall be valid and shall be enforced to
the fullest extent of the law.
That the City's Black Awareness Day Committee unanimously has selected "Island Beat
Band" to provide music for the 199~8 Black Awareness Day festival, and that Sharon
Golden shall serve as the City's contact for the coordination and selection of music
artists.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on the day and year written above.
ATTEST:
City of Boynto?/Beach
Joseph Eddy Estime
"Island Beat Band"
Approved as to form and
legal sufficiency:
James Ch~rof, City Attorney --
City Of Boynton Beach
J:\SHRDATA\RC\WP\RECDtV~EVENTS\BAD\BAD Agreemen! -island Beat.Doc
01/22/98
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STANDARD HOLD HARMLESS AND INDEMNITY
CLAUSE FOR BLACK AWARENESS DAY
FEBRUARY 21, 1998
Joseph Eddy Estime, AGENT for Island Beat Band, through the signing of this
document by an authorized party or agent, indemnify, hold harmless and defend the
City Of Boynton Beach and it's AGENTS and EMPLOYEES from all suits and actions,
including attorney's fees and all costs~of litigation and judgement of every name and
description brought against the City as a result of toss, damage or injury to person or
property by reason of any act or failure to act by Joseph Eddy Estime, its Agent,
Servants or Employees.
Signature of Representative
Date
Departmental Representative
Title ~ Dat~ '
Originals:
(1) Agent
(2) Risk Management
STANDARD HOLD HARMLESS AND INDEMNITY
CLAUSE FOR BLACK AWARENESS DAY
FEBRUARY 21, 1998
Joseph Eddy Estime, AGENT for Island Beat Band, through the signing of this
document by an authorized party or agent, indemnify, hold harmless and defend the
City Of Boynton Beach and it's AGENTS and EMPLOYEES from all suits and actions,
including attorney's fees and all costs'of litigation and judgement of every name and
description brought against the City as a result of loss, damage or injury to person or
property by reason of any act or failure to act by Joseph Eddy Estime, its Agent,
Servants or Employees.
Signature of Representative
Title
Dante '
Departmental Representative
Title Da e
Originals:
(1) Agent
(2) Risk Management