Loading...
R97-033RESOLUTION NO. R97-,.¢~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE, PROVIDING FOR A WINE & BEER GARDEN AND MERCHANT EXHIBITOR AREA FOR THE 16TH ANNUAL BOYNTON BEACH G.A.L.A.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has entered into an Agreement with The Greater Boynton Beach Chamber of Commerce, to coordinate and provide a Wine & Beer Garden and Merchant Exhibitor area for the 16th Annual Boynton Beach Chamber of Commerce, to be held March 21 23, 1997; and 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 approve an Agreement between the City of Boynton Beach and The Greater Boynton Beach Chamber of Commerce, to coordinate and provide a Wine & Beer Garden and Merchant Exhibitor area for the 16th Annual G.A. LA., which Agreement is attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ,/,~ day of February, 1997. BOYNTON BEACH FLORIDA Mayor Commissioner C t.~. ~ ommlssloner CoF~issioner CITY OF BOYNTON BEACH BOYNTON'S G.A.L.A. BEER GARDEN 6t I~IERCHANT EXHIBITOR AGREEMENT THIS AGREEMENT made and entered into this day of February, 1997, by and between The Greater Boynton Beach Chamber of Commerce, whose mailing address is 639 E. Ocean Avenue, Suite 108, Boynton Beach, FL, 33435, hereinafter referred to as the CHAMBER and the City Boynton Beach, a municipal corporation, whose mailing address is 100 E. Boynton Beach Blvd., Boynton Beach, FL, 33435, hereinafter referred to as the CITY, and WHEREAS, the CITY is requesting the services of the CHAMBER to coordinate and provide a Wine e~ Beer Garden and Merchant Exhibitor area for the 16th Annual Boynton Beach G.A.L.A. festival held on March 21 - 23, 1997 ,and WHEREAS, the CHAMBER has been a participant for two (2)years in this capacity and has demonstrated the ability to successfully operate, through volunteers and staffing, such enterprises, and WHEREAS, the proceeds from the Sales of wine and beer and 'business booths have been beneficial to both the CHAMBER and the CITY'S G.A.L.A. event, and 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 the G.A.L.A. event dates are March 21, 22, 23, 1997. The CHAMBER shall organize and staff a Wine ~ Beer Garden and a Merchant's Exhibitor area in the locations designated by the G.A.L.A. Event Coordinator, according to the following schedule: Wine and Beer Garden: Friday 12 noon - 9 p.m. Saturday I 0 a.m. - 9 p.m. Sunday 12 noon - 6 p.m. Merchant Exhibitor Area: Friday 12 noon - 6 p.m. Saturday 10 a.m. - 6 p.m. Sunday 10 a.m. - 6 p.m. :~. The CHAMBER shall: a) Meet all promotional deadlines as assigned by the G.A.L.A. Event Coordinator. Provide the G.A.L.A. Event Coordinator with an itemized list of all proposed expenditures and revenue estimates by February 21, 1997. c) Provide continuous supervision of Wine 6: Beer Garden insuring that the sold product does not leave the designated garden area. d) Staff Beer Garden with volunteers recruited by the CHAMBER. e) Provide total set up by 11:00 a.m. on March 21 and break down no sooner than 6:30 p.m. on March 23, 1997 of Wine E Beer Garden. f) Provide attractive decoration for Wine ~ Beer Garden. g) Provide all necessary signs for crowd control placed at each point of exit or entrance to garden area. "Age Verification Required" "No Alcoholic Beverage Beyond This Point" placed at each point of exit or entrance to garden area. Beverage Ticket Prices h) Provide daily gross revenue reports to G.A.L.A. Event Coordinator on March 21, 22, 23, 1997. i) Provide G.A.L.A. Event Coordinator with an itemized report of all actual expenses and revenue by April 4, 1997. j) Issue a check made payable to the City of Boynton Beach/G.A:L.A. in the amount of 50% of the net revenue from Wine and Beer Garden sales by April 4-, 1997. k) Issue a check made payable to the City of Boynton Beach/G.A.L.A. in the amount of 40% of the gross revenue from Merchant Exhibitors fees by April 4, 1997. 1) Charge Merchant Exhibitors a $200 fee for each booth or display area. m) Provide the G.A. LA. Event Coordinator with names of all participating local businesses and amount of revenue and expenditures for reports by March 10, 1997. n) Inform ali vendors and Merchant Exhibitors that only exhibitors who pay $600 per G.A.L.A. exhibit space will be recognized and featured as sponsors of the festival in media and promotional advertisements. 4. The CITY shall: a) b) Include information regarding the Wine ~ Beer Garden in ali promotional efforts via press releases provided by the CHAMBER to the G.A.L.A. Event Coordinator by February 18, 1997. Allow the CHAMBER the right to sell G.A.L.A. souvenir t-shirts in location(s) as agreed to by the G.A.L.A. Event Coordinator Chair and the CHAMBER prior to the festival and allow the G.A.LA. Event Coordinator to approve design(s) for said t-shirts by March 7, 1997'. c) Reserve the right to designate distributor of products sold as itemized in this agreement. That the CITY shall not be responsible for any property damage or personal injury sustained by CHAMBER representatives employees or volunteers from any cause whatsoever, prior, during or subsequent to the period of time during which this agreement is in effect. The CHAkIBER hereby waives, discharges and releases the CITY, its agents, employees, volunteers and participants from liability for the acts or omission of the CITY or its employees and agents. The CHAMBER shall provide verification of a one million dollar special event insurance liability policy, including liquor liability insurance which names the CITY's 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 CHAMBER'S insurance carrier. 7. That the CHAMBER shall not sell, subcontract or transfer this agreement to any individual, group, agency, government, non-profit or profit corporation. That the CHAMBER 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 the CITY or its 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 the CHAMBER, its employees, representatives or volunteers. The term of this agreement shall be from March 21 through March 23, ! 997. 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., Florida, and this agreement shall be interpreted under Florida Law 11. That the CHAMBER 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. 12. 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 the CHAMBER and the CITY. 13. If any terms 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. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year written above. CITY OF ~TON BEACH Witness ~ APPROV~ED/~. ,T~,, FOI;t,M City Attorney ess ATTEST: City, Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE FIE, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Gerald Taylor, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this 2.0J~ day of yo~r,~.¥ 1997. NOTARY PUBLIC Hy Commission Expires: ...~... .~% EVE EUBANK$ -:*: :*: MY COMMISb-'ION# CC276705EXPIRES %~,, ~;;.~.,;,, Atodl 5. t997 ^ 'T STv Kathy S~aboti~f~, President', /~' ~ Great o~n Bea Cham Witne~ ..... STATE OF FLO~ DA COUN~ OF PALH BEACH BEFORE HE, an officer duly autho~zed by law ~o administer oaths and ~ke ac~owled~en~, penonal~ appeared Gerald Taylor, and acknowledged he/s~e executed ~e foregoing Agreement for the use and pu~oses mentioned in iL and ~at the instrument is his/~er act and deed. IN WI~ESS OF THE FOREGOING, I have set/my hand and official seal at in the S~te and Coun~ aforesaid on this /~day of ~~ 1997. NOTARY PU~IC ~y Comm~ion Expires: '- du~ A. W~d ~.: :.~ MY CO~ISS~ON ~ CC5027~ ~IR~ ~ '.~ Januae/26, 2~ %~;,~,~;,.. BONDED ~RU TROY FAiN INSURANCE, ~.