R98-002RESOLUTION
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 THE BOYNTON BEACH KIWANIS CLUB,
(CONCESSOINAIRE) TO PROVIDE THE SODA
BEVERAGE, POPCORN AND BOTTLED WATER
CONCESSION FOR THE 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, the City of Boynton Beach is in need of a soda beverage,
popcorn and bottled water concessionaire during the G.A.L.A. festival; and
WHEREAS, the Boynton Beach Kiwanas Club has the knowledge, ability
equipment and experience to' coordinate the concession for soda beverage,
popcorn and bottled water at this three-day event; and
WHEREAS, the Boynton Beach Kiwanas Club, a non-profit organization,
utilizes much of the profits received from this event for a scholarship fund
benefiting area students; and
WHEREAS, the City Commission of the City of Boynton Beach has
determined that it is in the best interests of the citizens of Boynton Beach to
enter into a three-day Beverage/Popcorn Agreement with the Boynton Beach
Kiwanas Club for services to be performed at the 1998 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 Boynton Beach Kiwanas
Club to provide the soda beverage, popcorn and bottled water concession 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
passage.
PASSED AND ADOPTED this /~
effective immediately upon
dayof ~,./~,,~/-z,~,,~.¢' ,1998.
Vice~yor
~ommissioner
CommisSioner ~
1998 BOYNTON'S G.A.L.A. BEVERAGE/POPCORN AGREEMENT
THIS AGREEMENT made and entered into this q ~ day of~(--xp, j ot.°t~, , by
and between the Boynton Beach Kiwanis Club, Inc., hereinafter referred to as "Kiwanis"
whose mailing address is Doris Pastl, Representative, 4317 Redding Road, Boynton Beach,
Florida 33436 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.
WHERAS the City is in need of a soda beverage, popcorn and bottled water
concessionaire during the annual GALA festival held on March 20 - 22, 1998, located
on East Ocean Avenue in downtown Boynton Beach. Florida, and
WHEREAS Kiwanis has the knowledge, ability and equipment to coordinate G.A.L.A.
soda beverage, popcorn and bottled water concession, and
WHEREAS, the City desires to engage the services of Kiwanis to provide G.A.L.A. soda
beverage, popcorn and bottled water 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. G.A.L.A. HOURS:
Friday, March 20, 1998
Saturday, March 21, 1998
Sunday, March 22, 1998
12:00 p.m. - 9:00 p.m.
10:00 a.m. - 9:00 p.m
10:00 a.m. - 6:00 p.m.
That Kiwanis shall be responsible for all beverage set up and clean up by the hours
designated.
That Kiwanis shall provide a minimum of three (3).beverage trailers to be placed at
locations which are mutually agreed upon by the City and Kiwanis.
That Kiwanis shall allow non-profit organizations who previously participated in the
beverage operation the opportunity to do so again.
That Kiwanis shall provide all necessary supplies to implement the beverage and
popcorn operation.
That Kiwanis shall pay to the City 40% of the net ~)rofits from the sale of'soda,
water and popcorn, with the exception that if net profits total less than $2,000.00,
Kiwanis shall pay to the City 10% of the net profits. "Net profit" shall be defined as
gross sales less direct expenses. "Direct expenses" shall be described as ice,
soda, cups, popcorn, popcorn oil. popcorn boxes and bottled water.
That Kiwanis shall provide the City with a complete daily accounting report of gross
and net sales for the final G.AL.A report, which shall be due no later than two
weeks after the event, Friday, April 3. 1998.
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That the City shall provide Kiwanis with credit as a non-profit participant of the
event and will list Kiwanis as the GALA. soda beverage vendor on all event
brochures.
That the City shall provide Kiwanis with the opportunity to supply the G.A. LA.
Committee with a club banner to be displayed in one of the three entertainment
areas.
That Kiwanis agrees to store supplies out of view of event spectators.
That no alcohol or illegal drugs shall be consumed by Kiwanis representatives prior
to, during or subsequent to the G.A.L.A. festival in Boynton Beach.
That Kiwanis 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 odginal certificate of this insurance coverage shall be provided
to the City's Risk Manager from Kiwanis' insurance carrier.
That the City shall not be held responsible for damages to trailers 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 Kiwanis representatives from any cause whatsoever, prior, during or
subsequent to the period of time during which this agreement is in effect. Kiwanis
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 Kiwanis shall not sell, subcontract or transfer this agreement to any individual,
group, agency, government, non-profit or profit corporation.
That Kiwanis 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, wilich damage is incidental to, occurs as a result of, or arises out
of the negligent or wrongful act(s) of Kiwanis 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.
That-Kiwanis 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, 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 Kiwanis 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 G.A.L.A. Committee has unanimously selected the Boynton Beach
Kiwanis Club to provide soda beverage, popcorn and bottled water for the 1998
G.A.L.A. festival, and that Sharon Golden shall serve as the City's contact.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on the day and year written above.
ATTEST:
Gerald Tayl% Mayor
City of Boyr~bn Beach
By:
Doris Pastl, Representative
Boynton Beach Kiwanis Club, Inc.
Approved as to form and
legal sufficienc~Y: ~
._, ,.. ,{ ,
James Cherof, City Attorney ' '
City of Boynton Beach
SEG:sc
Kiwanis agreement.doc
12/12/97
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