R98-003II
RESOLUTION -~'¢,¢.,¢_~
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 MORGAN ENTERTAINMENT, INC., (ARTISTS'
AGENT) TO PROVIDE FOR THE MUSICAL
ENTERTAINMENT AT THE 1998 G.A.L.A. EVENT
SCHEDULED FOR MARCH '20, 21 AND 22, 1998;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach G.A.L.A. is an annual, three-day
art/cultural festival attracting between 40,000 and 50,000 people; and
WHEREAS, the 1998 G.A.L.A. is scheduled to be held on March 20, 21
and 22, 1998; and
WHEREAS, .city staff has indicated the need for services to coordinate
and provide music entertainment during the 1998 G.A.L.A. event;'and
WHEREAS, the Morgan Entertainment, Inc. has the knowledge, ability
and experience to coordinate the musical entertainment at this three-day 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 Morgan Entertainment, Inc. to coordinate and
provide the music artist performing groups, including equipment and technicians
for 1998 Boynton Beach G.A.L.A.
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 the Morgan Entertainment,
Inc. to coordinate and provide the musical entertainmenL including the music
artist performing groups, equipment and technicians at the 1998 G.A.L.A. festival
scheduled to be held March 20,. 21, and 22, 1998. A copy of the Agreement is
attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of
,1998.
CITY OF BOYNTON BEACH_,_FLORIDA
M ay°r,c~,,,,,~_~
Vic~'~yor
Commissioner
Commissioner
01/0~./1799 14:Gl
OIT'fOFBOYNTC~I~EACH
~AGE 82
G.A.L.A. ENTERTAINMENT AGREEMENT
THIS AGREEMENT made and entered ~to ttlis ¢[__'~ day ot~.~. _, by and between
Morgan Entetlainment. Incorporated, hereinafter referred to as Artists' Agent whose mailing address is
R.E. Carillo, President. Post Office Box 31444, Palm Beach Garder~s, Florida,! 33420 and the City of
Boynt0n Beach, Fio~'ida a municipal corporation, hereinafter referred to as ~,fly~ w~ose address is 100
East Boynton Beach Boulevard,, Boynton Beach, Rorida, 33435
WHEREAS, the C~ly is in need of services to coordinate and provide a variety oflmusic entertainment for
public recreation and enjoyment during the annuaI. GA.L.A. festival held on Marc, h[ 20, 21 and 22, t 998 on
Easl Ocean Avenue at U.S. 1 and surrounding areas in downtown Boynton ~each. and
WHERE AS, Artists' Agent has the knowledge, ability and equipment to coordinat~l G.A.L.A, ente~lainment
i~¢lUding contacts with professional music artiStS and the authority to represent th~se artists, and
WHEREAS, lhe City desires Io engage the services of Artists' Agent to provide GiA.L.A. entertainment for
[he alsrementioned purposes.
NOW THEREFORE and in consideration of the mutual covenants and Dromi~es set forth herein, the
parlies lo this agreemer~t do herel3y agree as fotloW~:
1. That Artists' Agent will provide a minimum of 17 different music adist perf'~rming groups, including
equipment and technicians for performances, with prior approval and selection ol adist$ to be made
no later than February ~3, 1998 by 8heron Golden, Recreation Supervisor III and G.A.L.A.
Enlertammenl Coordinalor, for performances as listed below el three ($) staging areas for the three (3)
days ol~ the event. March 20, 21 and 22, 1998 for the amount of $15,000.000,I
CENTER STAGE
_MARCH 20, 1998.
12:00- 4:30 p.m.
5:00 - 6:30 p.m.
7:00 - 9:00 pm.
sound clew playing music
Jazz (~th female vocalist) Band
Top 4,0 Band
MARCH 21, 1998
1:30 - 3:30 P.m.
4:00 - 6:00 p.m.
7:00- 10:00 p.m
Top 40 Band
Oldies 50's/60's t~and
National Recording Artist
_MARCH 22, 1998
11:30 - 1:3013.m. R & t~ Band
4:00 · 6'00 p.m. ToD 40 Band
'soundman all 3 days
'lights provided for evening hours March 21 and 21, 1998
'crew also provided by Artists' Agen!
P. i T'~OF BOVN TOHt~J~C,H
PA6E
03
WEST STAGE
1:00 - 6:00 p.m.
MARCH 21, ~998
4;00 - 5:00 p.m.
Youth Group
MARCH 22, 19.9,8
12:00 - 1:00 p.m.
3:00 - 5:00 p m
Youth Group (school)
Reggae Band
'soundman for both days (March 21,22)
"crew also provided
YOUTH STAGE
MARCH 20~ 1998
3:00- 4:00 p.m
5:00 - 6'00 p.m.
7:00- 8:00 p.m
MARCH 21i 1998
5:00 - 6:00 p,m.
7:00 - 8:00 p,m
MARCH 22~ 199_8
5:00- 6:00 p.m
*soundman all 3 days
"lights provided March 20 and 21, 1998
'CleW
*stage provided by Artists' Ager~[ (at least 16' x
'all acts on Youth Stage to be children-related
2, That the City shall initiate this agreement by providing a deposit check in the amount of $7,.~00 made
payable to Morgan Entertainment, Incorporated: and that the balance of '$7,500 (if there are no
cancellations) shall be paid on March 23, ! 998. ]
3. That Artists' Ager~t shall arrange for, provide and set up a 28 fl. x 20 fl. lii}hted stage fOr the Kids
Korner area.
4. That, in the case o! severe inclement weather as determined by lhe City,l G.A.L.A. Entertainment
Coordinator shall notify Artists' Agent six (6) hours I~lor to scheduled perfolrmance to cancel. Both
parlies agree that the $7,500 cleposi! is non-refundable and that, in the ca~e of cancellation due to
inclemenl weather, the City shall pay 50% of the balance due to bands who ~re scheduled to perform
on the day of cancellation.
5. That. in the event of sickness or acts of nature which cause an inability for at music artist or group to
perform as scheduled, Artists' Agent shall substitute similar artist(s) with prior approval by G.A.L.A.
Enterta~menl Coordinator.
2
01/08/1998 14:51 407~75~8
C! TVOFBOYHTONBEACH
6. That the music artists, technicians and representatives shall be performing as independent
contractors ,Of the Artists: Agent (not the City of Boynton Beach) and that the Artists' Agen~ shall
inform them 'of the, r independent C°ntraclor status through a written agraeme~.
That no al,c, ohol or illegal drugs shall be consumed by Artists' Agenti technicians, crew or
represerrlati~ es Dnor to, during or subsequent lo the G.A.L.A. festival perforrn~ nee in ~ynton 8each.
8. That Artists' Agent shall provide individual promotional packages of each of the 17 music artists to
the G.A.L.A. Emertainment Coordinator nO later than February 13, 1998.
9. That, in addition to booking and contract ng with a variety of 17 music ara, tats, Artists' Agent Shall
provide professional sound and lighting equipment and operating personne~ for the three (3) days,
March 20-22; and provide professional on-lite ~ersonnel to coordinate an~! handle all aspects of
music artists' talent Dresentati0n and to assist, as needed, in other areas of, -' '" A f
.the =..L.A..estival for
three {3) clays of the event: and provide staff mernbem to serve on the G.A.LiA. festival committee by
attending scheduled event meetings in Boynton Beach: and provide a public ~address system in good
working order on each Of the three (3)Stages at no additional c~arge t~ the City; and provide
professional signage for the 16 music artists on all three (3) Stages, ,
t0. That no cerforrnance(s) which form the subje~ matter of this agreement shall be reCOrded,
reproduced or transmitted from the place of performance, in any matte~ or bylany means whatsoever,
in the absence of a specific written agreement relating lo and ioermitting suet1 recording, reproduction
or transmis.~ion. ~
11. That Artists' Agent shall provide verification of a one million dollar insura'i~ce liability policy which
names the City, its officials, agents, employees, volunteers and participants ab additional insured, An
original certificate of this insurance coverage shall be provided to the City's! Risk Manager from the
Artists' Agent insurance carrier.
12. That the City shall not be haiti responsibl, for dar.n, ag. es to music artist, or_.LA~tists' ~_A~.,~n_; sound or
lighting equi~3ment or stage due to vandalism or ac~uf nature pri;3r to the implemen;at~un, during or
seer the termination of this agreement.
13..That the City Shs~l n~o~ be responsible for any property damage or oersonal injury sustained by Adists'
Agent, technicians, c. aw, rel~reser~tativea Or musi~ artists from any cause whatsoever, prior, during or
subsequent to the Defied of lime (~uring which this agreement is in effe~.! Artists' Agent hereby
waives, discharges and releases the City, its agents anti eml~:oyees from liability for the negligent acts'
of City or its employees and agents. I
14. That Artists' Agent shall not se;I, subcontract or transfer this agreement ~o any individual group,
agency, government, non-profit or profit corporation.
15. That Artists' Agent shall i~,demnify, save and-hold hamqess the City, its age,his and employees from
any claim, demand, suit, IOSS, c~sl of. expense or damage which may I~e asserted, claimed or
red. ovated againsl or frorn City or City's agents or eml31oyees, by.reason.of a, rly damage to property or
person, including death, sustained by any person whomsoever, ~.w?ich damage is incidental tO, occurs
as a result of, or arises out bi the negligenl or wrongful act(s/ o~ Arlisls~. Agent, his technicians,
representatives, crew or music artistS.
16. That in the event ~hat litigation ~hall be n~cessary for the enforcerneflt of thi{ agreement on behalf of
eilher ,Oany, then t~e prevailing party shall be entftled to reasonable attorneC, fees and coats incurred
in said litigation. Venue for .~aid litigation Shelf be Palm Beach County.
17. That Artists' Agent shall provide the City with a varfefy of culturally diver~e music artists t'er the
G.A.LA. festival.
18. Tha! Artists' Agent shall not discrimina!e agains! any person on the basis]of race, color, religion,
ancestry, national (~ngln, age, sex, marital status, sexual orientation or a~sability in its hiring or
contracting I~ract~ce.~, the selection of music artists or for any reason associaletd with this at;Foemen!.
19, That this agreement alone ~eta forth all the covenants, promises, agre~j~nents, conditions and
understanding between lhe parties he~eto. There are no covenants, promises, agreements,
conditions or understandings, eilher oral or written i3etween the Par~ies other than these herein set
fo!lb. No agreement shall be binding upon the parties unless and unt~t it is~ reduced Io writing
s~r~ect by both Artists' Agent and the City. '
20. If any te?m or provision of this agreement shall, to any extent, be deemed i.~valicl or unenforceable,
the remainder o~ this agreement shaft he valid and shall be enforced to the fullest extent of the law.
21. That the City shall not t~e held res0onsible for any food or beverage costs Ifc! the Artists' Agent or
crew for all Ih!ce (3) days of the 'festival, March 20 - 22, 1998.
~2. That the City reserves the right to renew this agreement, with Artists' Agent!s approval, for the next
tWo (2) years.
23 Tha~ the City shall not be held responsible for any additional cost tactorsl in conjunction with the
National Recording Artist on Saturday, March 21, 1998. ,.
24. That the City's G.A.L.A. ~omm~_ee_unani.rnously has selected Morgan Entertainment, Incorporated to'
...... provide music artists for me 1 ~JB G. ALA, festival, and that Sharon Golclen ~sha/! serve as ~he City's
contact tar t~e coordinalion am3 selection of music artists.
IN WITNESS WHEREOF. the parties hereto have caused this agreement to ~)e executed on the clay
and year written above
ATTEST:
_Gerald_TaYlor, !~yor
City o~ Boynto~ach
Approved as lo form and
legal sufficiency_;
ames Che~of, City
City nf Boynton Beach
By RE. Ca!tile, Pre~fident
Morgan Entertai~rnent, Inc.
- 4