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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.