R98-036 RESOLUTION NO. R98-~/~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
A G.A.L.A. RIDES AND GAMES AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND SHELDON
AMUSEMENTS, INC., PROVIDING FOR GAMES AND
RIDES FOR THE 1998 BOYNTON BEACH G.A.L.A.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of BoYnton Beach is desirous of obtaining services to
provide a variety of amusements, rides, and games for public recreation and
enjoyment during the annual G.A.LA. event, to be held on March 20, 21 and 22,
1998; and
WHEREAS, Sheldon Amusement, Inc., has the knowledge, ability and
equipment to provide the G.A.L.A. event with such, the authority to represent Such
amusements, and children's rides, games and such amusements.
NOW, THEREFORE, BE TT RESOLVED BY THE CI'TY COMMTSSTON OF
THE CTTY OF BOYNTON BEACH, FLORTDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized to execute a
Rides and Games Agreement between the City of Boynton Beach and Sheldon
Amusements, Inc., which Agreement is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
1998 G.A.L.A.
Rides And Games Agreement - Sheldon Amusements
THIS AGREEMENT made and entered this .~,~ day of F~e~.,e,~y., by and between Sheldon
Amusements, Incorporated, hereinafter referred to as "Sheldon Amusements" whose mailing
address is 22226 Concha Avenue, Boca Raton, Florida, 33428 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 coordinate and provide a variety of amusements, rides,
and games for public recreation and enjoyment during the annual G.A.L.A. event held on March 20,
21 & 22, 1998 on East Ocean Avenue at U.S. 1 in the back parking lot of Barnett Bank, and
WHEREAS, Sheldon Amusement has the knowledge, ability and equipment to provide the G.A.L.A.
event with such, the authority to represent such amusements, and children's rides, games and such
amusements, and
WHEREAS, the City desires to engage the services of Sheldon Amusements to provide the G.A.L.A.
event with amusement 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:
That Sheldon Amusements present their entire company, consisting of high-class pay show,
riding devices, music, including equipment and generator for such rides, with prior approval of
electrical hook up cords and set-up by state inspectors and City, for the three days of the event,
March 20, 21, and 22, 1998 for the amount of: 25% of gross receipts; G.A.L.A. Kids Korner for
games and 27% of gross receipts, G.A.L..A. Kids Korner for rides. Sheldon Amusements
provides and sells all tickets and obtains all permits that may be required by law. Sheldon
Amusements provides an accounting report of the gross receipts of the concession operations
and shall provide 20 complimentary one day passes for rides to the G.A.L.A. Committee.
TIME OF OPERATION FOR G.A.L.A.
March 20, 1998
12:00 p.m. - 9:00 p.m..
March 21, 1998
10:00 a.m. - 9:00 p.m.
March 22, 1998
10:00 a.m. - 6:00 p.m.
Set up will be on Thursday March 19, 1998. Sheldon Amusements will be allowed to place
equipment on Barnett Bank property, 114 N. Federal Highway, Boynton Beach, in the back
parking lot on Wednesday, March 18, 1998 no earlier than 1:00 p.m. and no later than 7:00 p.m.
to be ready for set-up on Thursday, March 19, 1998.
That all riding devices, games, and concessions and minor privileges shall be under
management and control of the City and the G.A.L.A. committee.
That the City shall initiate this agreement between both parties and sign hereon by
March 17, 1998. Aforementioned percentage shall be paid to The City of Boynton Beach
Recreation Department on March 23, 1998.
10.
11.
12.
13.
14.
15.
16.
That Sheldon Amusements shall arrange for, provide and set up all rides and games (lighted)
for the Kids Korner area for the said for mentioned percentages payable upon settlement on
March 23, 1998.
That in case of severe inclement weather as determined by the City, the G.A.L.A. Committee
shall notify Sheldon Amusements six (6) hours prior to scheduled openings for cancellation.
That, in the event of sickness or acts of nature which cause an inability for the rides and games
to perform as scheduled, Sheldon Amusements shall substitute similar rides and games with
prior approval by the City's G.A.L.A. Committee.
That Sheldon Amusements representatives shall be acting as independent contractors of
Sheldon Amusements and not as employees of the City.
That no alcohol or illegal drugs shall be consumed by Sheldon Amusements' employees or
representatives prior to, during or subsequent to the G.A.L.A. event in Boynton Beach.
That Sheldon Amusements shall provide promotional packages to the City's G.A.L.A.
Committee no later than February 13th for press releases and public service announcements.
That Sheldon Amusements 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 Sheldon Amusements' insurance carrier no later than
March 6, 1998.
That the City shall not be held responsible for damages to rides, games, or Sheldon
Amusements' equipment 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
Sheldon Amusements, employees or representatives from any cause whatsoever, prior, during
or subsequent to the period of time during which this agreement is in effect. Sheldon
Amusement hereby waives, discharges and releases the City, its agents, employees, volunteers
and participants from liability for the negligent acts of City or its employees and agents.
That Sheldon Amusements shall not sell, subcontract or transfer this agreement to any
individual, group, agency, government, non-profit or profit corporation.
That Sheldon Amusements shall indemnify, save and hold harmless the City, its agents,
employees, volunteers and participants 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,
employees, volunteers or participants 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 Sheldon Amusements, its employees or
representatives.
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.
17. That Sheldon Amusements shall provide the City with a variety of rides and games for the
G.A.L.A. event.
18.
That Sheldon Amusements shall not discriminate against any person on the basis of race, color,
religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability in its
hiring or contracting practices, the selection of rides & games or for any reason associated with
this agreement.
19.
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 Sheldon Amusements and the City.
20.
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.
21.
That the City's G.A.L.A. Committee unanimously has selected Sheldon Amusements
Incorporated, to provide rides & games for the 1998 G.A.L.A. event, and that Kay Welsh shall
serve as the City's contact for the coordination and selection of rides and games.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day
and year written above.
ATTEST:
By:
Gerald Taylor, I~or
City of Boynto~ Beach
J~ Sheldon, Sheldon
Amusements Enterprises
Apprqved as to form and
legalsufficiency:
Jame~s Cher,~ Ci~ A~orney
Ci~ 0f Boy'ton Beach
2/3J98 1:07 PM
Sheldon agreement,doc
3
RESOLUTION ,NO. R98-~,~
A RESOLUTION OF THE C1TY COMMiSSiON OF THE C1TY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CYFY CLERK TO EXECUTE
A G.A.L.A. RIDES AND GAMES AGREEMENT BETWEEN
THE Ci-FY OF BOYNTON BEACH AND SHELDON
AMUSEMENTS, iNC., PROViDiNG FOR GAMES AND
RIDES FOR THE 1998 BOYNTON BEACH G.A.L.A.; AND
PROVIDING AN EFEECTIVE DATE.
WHEREAS, the City of Boynton Beach is desirous of obtaining services to
provide a variety of amusements, rides, and games for public recreation and
enjoyment during the annual G.A. LA. event, to be held on March 20, 21 and 22,
:[998; and
WHEREA~, Sheldon Amusement, Inc., has the knowledge, ability and
equipment to provide the G.A.L.A. event with such, the authority to represent such
amusements, and children's rides, games and such amusements.
NOW, THEREFORE~ BE :IT RESOLVED BY THE CXTY COMMISSION Oi=
THE CITY OF BOYNTON BEACH, FLORXDA, THAT:
Section 1. The Mayor'and City Clerk are hereby authorized to execute a
Rides and Games Agreement between the City of Boynton Beach and Sheldon
Amusements, inc., which Agreement is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
ALLIED SF'EGIALTY INSURANCE, ING.
10451 GULF BOULEVARD. TREASURE ISLAND, FL. 33706
ToLL Free 1-800-237-3355 National
i-800-282-6776 FLor ida
Gertificate Number; 2
CERTIFICATE OF INSURANCE
Thi(.~ certi'ricate neither affirmatively nor negatively amends, extends or alters
the coverage afforded by the policy(les) described hereon and is issued as a
matter of information and confers no right upon the holder.
The policy(les) identified below by a policy number is in force on the date of
c:er+.ificate issuance, Insurance is afforded only with respect to those
coveracjes for which a specific Limit o1' Liabi Lily has been e~tered a~d is
subj~i~:t to alt terms of the policy having reference thereto. Nothin~ herein
contained shall modify any provision ol= said Policy.
In the ~vent o1' cancellation o1= the policy, the company issuing said policy
~it[ make all reasonable effort to send Notice of Cancellation to the
car:till cate holder at the add,ess .s. hown herein, but the Company assumes no
responsibilities for any mistake o~ fail,re ~o give such notice,
AnY, i~s ura~
respect fo
Fair or exhl
per miss ' :to
i n j ~lrY
Named I
N~NE & ~BRESS OF IN~UREBt
She[do~ AmaZement E~terprises,
22226 Co~c'ha Rve~e
Boca Ra~on
a part of the policy includes as a person insured with
once takincj place at a Carnivals site, (i) the
on, sponsoring orcjanization or committee (2) the
a municipality cjrantincj the Named Insured
a(n) Carnivals, but OT~Ly as respects bodi[y
~aused by or contributed to by the necj[icjence of the
in the course and scape oftheir employment.
ADI~ITTONAL INSURED t
I t~C, Barnett Bank
114 N. Federal Highway
Boynton Beach, FL 33435
t ~E & ADDREI~ OF CERTIFICATE HOLBER:
City of Boynton Beach - Department of Leisure Services
P.O. Box 310
Boynton Beach, FL 33425-0310 D~TE~ March 16 - 23, 1998
__EBZB&B~_CQ~EI~iM3E__
Company
T.HoE. Insurance
Compa ny
PO L i CYlL Numb er: 78MF88~58
LIABI TY LIMITS
BI/F'D 0 CC: ~Z~OQ~O00 ...........
Food Pr oduc ts:
PoL icy periodt
From:
Tot
02/14/98
02/14/99
__E[CEE~I_GOL)EBGI~E__
Bodily Injury & Bodi Ly In_~ury &
Property Damage Property uamaee
~0___ :t0 ...........
Excess of Excess of
............... 181 ...............
00/00/00 00/00/00
00/00/00 00/00/00
* - COMBINED SINGLE LIMIT
Coveraee shown herein applies only to those items scheduled on or endorsed to
~hheisP~Lert¥~ic icate is not valid unless an original signature appears below,
(Copies Not YaLid)
ALLIED SPECIALTY NSURANCE, INC.