R01-047RESOLUTION NO. R01-~/~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A RIDE
AND GAMES AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH (CITY) AND SHELDON
AMUSEMENTS, TO PLAN, ORGANIZE AND
IMPLEMENT THE KIDS KORNER GAMES AND RIDES
AREA FOR THE 2001 G.A.L.A. DURING THE MARCH
2001 FESTIVAL.; 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 2001 G.A.L.A. is scheduled to be held on March 16, 17, and
18, 2001; and
WHEREAS, upon the recommendation of staff, the City Commission of the
City of Boynton Beach, Florida has deemed it appropriate to enter into an
reement with Sheldon Amusements, Inc., providing for Sheldon Amusements,
Inc., to plan, organize and implement the Kids Korner games and rides area during
2001 Boynton Beach G.A.L.A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorize and direct the Mayor and City Clerk to execute a Rides and
Games Agreement between the City of Boynton Beach and Sheldon Amusements,
Inc., said Agreement being attached hereto as Exhibit "A".
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ dayof March, 2001.
May6r i
Commissione~r- ~-~'""-
Commissioner
ATTEST:
Cit~Clerk
(C
Commissioner
2001 G.A.L.A.
_Sheldon Amusements Agreement
THIS AGREEMENT made and entered this day of ,2001, by and between Sheldon
Amusemems, 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 mtmicipal
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 16, 17, & 18,
2001 on Seacrest Blvd. and East Ocean Avenue in the Civic Center parking lot, and
WHEREAS, Sheldon Amusements has the knowledge, ability and equipment to provide the G.A.L.A.
event with such amusement children's rides 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 9s 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 16, 17,
and 18, 2001 for the amount of 75 % of gross receipts and 25% of ~ross receipts to G.A.L.A. Kids
Korner. The City shall provide and sell all tickets. Sheldon Amusements will mm in tickets to the
City for accounting purposes. All rides, shows, music, etc. provided by Sheldon Amusements must
be turned off and made non-operational at the stated closing time on each of the four days of
operation. Sheldon Amusements shall alsr~ obtain all permits required by law.
TIME OF OPERATION FOR G.A.L.A.
March 16, 2001
12 p.m. - 9 p.m.
March 17, 2001
10 a.m. - 9 p.m.
March 18, 2001
.10 a.m. - 9 p.m.
Set up will be on Wednesday and Thursday, March 14, & 15, 2001. Sheldon Amusements will be
allowed to place equipment on City property (Civic Center), 128 E. Ocean Avenue, Boynton Beach,
on Wednesday, March 14, 2001 as early as 7:00 a.m. and no later than 9:00 p.m. Rides must be
inspected and ready to go by Friday, March 16, 2001 at 12 noon.
3. That all riding devices 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 February 21, 2001.
That Sheldon Amusements shall arrange for, provide and set up all rides for the Kids Komer area for
the .~aid for mentioned percentages payable upon settlement on March 20, 2001.
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The volume of the music provided by Sheldon amusements shall be kept at a level that does not
interfere and/0y-overpower any of the G.A.L.A. programs, including any and all of the entertainment
stages. The set-up locations of any and all Sheldon Amusements equipment must receive prior
approval of the G.A.L.A. committee. Once Sheldon Amusements equipment is set-up and in place, it
may not be moved, removed or relocated without prior knowledge and approval of the G.A.L.A.
committee.
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 and/or
postponements, if possible.
That, in the event of acts of nature which cause an inability for the rides to perform as scheduled,
Sheldon Amusements shall substitute similar rides 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 drags 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 prowde venficat~on of a one million dollar, insurance liability policy
for children's rides and a two million -dollar policy for the adults, 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 1, 2001.
That the City shall not be held responsible for damages to fides 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 or any part of it 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 fi'om 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.
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15.
That, in the event that litigation shall be necessary for the enforcement of this agreement on behalf of
either party, theg ~t_he prevailing party shall be entitled to reasonabl~ attorney fees and costs incurred in
said litigation?' Venue for said litigation shall be Palm Beach County.
16.
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 or for any reason associated with this agreement.
17.
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.
18. 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.
19.
That the City's G.A.L.A. Committee unanimously has selected Sheldon Amusements Incorporated, to
provide rides for the 2001 G.A.L.A. event, and that Heather Spillane 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:
Gerald t~roening, Mayor
City of Boynton Beach
By:
Joe Sheldon,
Sheldon Amusements Enterprises
Approved as to form and
legal sufficiency:
~ai~ye: fCBh:~a~'o nC iBtYe aAc~ ° m e Y /
2/26/01 4:09 PM
Sheldon agreement.doc