R00-027RESOLUTION NO. R00-~'
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 BETVVEEN THE CITY OF
BOYNTON BEACH (CITY) AND SHELDONE
AMUSEMENTS, TO PLAN, ORGANIZE AND
IMPLEMENT THE KIDS KORNER GAMES AND RIDES
AREA FOR THE 2000 G.A.L.A. DURING THE MARCH
2000 FESTIVAL.; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach G.A.L.A. is an annual, four day
art/cultural festival attracting between 40,000 and 50,000 people; and
WHEREAS, the 2000 G.A.L.A. is scheduled to be held on March 16, 17, 18,
and 19, 2000; 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
Agreement with Sheldon Amusements, Inc., providing for Sheldon Amusements,
Inc., to plan, organize and implement the Kids Korner games and rides area during
the 2000 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 a Rides and
Games Agreement between the City of Boynton Beach and Sheldon Amusements,
Inc., said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ."/ day of March, 2000.
ATTEST:
Clerk
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S: Re~?~:J r\~L~ ~. ~n A .~r~eme nts
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2000 G.A.L.A,
Rides And Games Agreement - Sheldon Amusements
THIS AGREEMENT made and entered this day of , 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 16,
17, 18, & 19, 2000 on Seacrest Blvd. and East Ocean Avenue in the Civic Center parking lot, 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 four days of the event,
March 16, 17, 18, and 19, 2000 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 Komer 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 g ross receipts of the concession operations
and shall provide 20 complimentary one day passes for rides to the G.A.L.A. Committee. All
rides, games, 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.
TIME OF OPERATION FOR G.A.L.A.
March 16, 2000
2 p.m.- 10 p.m.
March 17, 2000
12.p.m. - 11 p.m.
March 18, 2000
10 a.m. - 11 p.m.
March 19, 2000
10 a.m.- 6 p.m.
Set up will be on Monday, Tuesday, Wednesday and Thursday, March 13, 14, 15, and ~6, 2000.
Sheldon Amusements will be allowed to place equipment on City property (Civic Center), 128 E.
Ocean Avenue, Boynton Beach, on Monday, March 13, 2000 no earlier than 1:00 p.m. and no
later than 7:00 p.m. to be ready for set-up on Tuesday/Wednesday, March 14 & 15, 2000.
3. 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.
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That the City shall initiate this agreement between both parties and sign hereon by March 13,
2000. Aforementioned percentage shall be paid to The City of Boynton Beach Recreation
Department on March 20, 2000.
The volume of the music provided by Sheldon amusements shall be kept at a level that does not
interfere and/or 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 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
20, 2000.
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.
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.
9. That Sheldon Amusements representatives shall be acting as independent contractors of
Sheldon Amusements and not as employees of the City.
10. 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.
11. That Sheldon Amusements shall provide promotional packages to the City's G.A.L.A.
Committee no later than February 8th for press releases and public service announcements.
12.
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, for the children's rides and carnival booths; and, shall also provide
verification of a two million dollar insurance liability policy which names the City, its officials,
agents, employees, volunteers and participants as additional insured, for the adult rides. 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 3,.2000..
13.
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.
14.
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.
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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 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.
That Sheldon Amusements shall provide the City with a variety of rides and games and shall
bring their popcorn trailer, working through Kevin Grimm who is in charge of cOncessions, for
the G.A.L.A. event;
That Sheldon Amusements shall not discriminate against any person on the basis of race, color,
religion, ancestry, national origin, age, sex, madtal status, sexual orientation or disability in its
hiring or contracting practices, the selection of rides & games or for any reason associated with
this agreement.
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.
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 unanimously has selected Sheldon Amusements
Incorporated, to provide rides & games for the 2000 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:
f Gerald' BrOening, Mayor
City of Boynton Beach
f -Joe ~held"on, She~'~"~n
Amusements Enterprises
Approved as to form and
legal sufficiency:
James Cher~
City of Boynton Beach
1/27/00 1:40 PM
Sheldon agreement, doc