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HomeMy WebLinkAboutReso 2011-1809 RESOLUTION NO. 2011-1!a.CP, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ALL STAR EVENTS, INC. TO PROVIDE RIDES AND GAMES FOR THE CITY'S WINTER FEST EVENT ON DECEMBER 3,2011, IN AN AMOUNT NOT TO EXCEED THREE THOUSAND FOUR HUNDRED TEN DOLLARS ($3,410.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is holding its Winter Fest Event on Saturday, December 3,2011 at Samson Oceanfront Park; and WHEREAS, the City is in need of a contractor to provide rides and games for the Event; and WHEREAS, All Star Events, Inc. has expressed the ability and desire to provide these services subject to the terms and conditions contained in its proposal; and WHEREAS, the City wishes to enter into an Agreement with All Star Events, Inc., to provide these services for the Winter Fest Event on Saturday, December 3, 2011, in an amount not to exceed Three Thousand Four Hundred Ten Dollars ($3,410.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement with All Star Events, Inc. to provide rides and games for the City's Winter Fest Event on December 3, 2011, in an amount not to exceed Three Thousand Four Hundred Ten Dollars ($3,410.00), attached hereto as Exhibit "A", is hereby approved. Section 2. Authorization of the Mavor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 ih day of November 2011. R20 11- All Star Events Winter Fest Event Page I of2 ATTEST: ,~~~ Jane A. Hines, CMC, City Clerk Vote: Ll-O~l Mayor Norman S. Edelcup Vice Mayor Lewis Thaler- r\b<;.,c;Mf-- Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl R2011- All Star Events Winter Fest Event /' Moved by: ('~~~ ~\~aJ Seconded by: Co~ S::-.\-H) L L ~Yes) _(Yes) ~Y es) 0Y es) V(Yes) _(No) _(No) _(No) _(No) _(No) Page 2 of2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND ALL STAR EVENTS, INC. FOR WINTER FEST EVENT CONTRACT NO. Cll12-003 THIS AGREEMENT, entered into this day of 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and ALL STAR EVENTS, INC., authorized to do business in the State of Florida (hereinafter referred to as "Contractor"), whose Federal I.D. # is RECITALS WHEREAS, the City is in need of a contractor to provide rides and games for the City's Winter Fest Event on Saturday, December 3, 2011("Services); and WHEREAS, Contractor has expressed the ability and desire to provide these Services subject to the terms and conditions contained in its proposal as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services in a total amount not to exceed Three Thousand Four Hundred Ten Dollars ($3,410.00). NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: TERMS 1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2. SERVICES: Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 3. COMPENSATION: As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to C1112-003 All Star Events, Inc. Service Agreement - WINTER-FEST Exhibit "A" .~-, ~~. ~.. . City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 exceed the sum of Three Thousand Four Hundred Ten Dollars ($3,410.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A", which fee shall be disbursed on a montWy basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "[mal invoice" on the Contractor's finalllast billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 4. INSURANCE: Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: a Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. Cll12-003 All Star Events, Inc. Service Agreement - WINTER-FEST 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. o Business Automobile Liability Insurance with mlmmum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles; Hired and non-owned vehicles; and Employers' non-ownership. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN TmS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 5. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work product produced pursuant to this Agreement shall become the exclusive property of the City and shall be provided to the City upon request. 6. INDEPENDENT CONTRACTOR RELATIONSmp: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Cl112-003 All Star Events, Inc, Service Agreement - WINTER-FEST 3 - City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Contractor shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting"). As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 8. WAIVER OF LIABILITYIINDEMNITY: The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction- of property resulting from the performance or breach by Contractor. Contractor's indemnity obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against City property. 9. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 10. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end on December 3, 2011. If the event is canceled and rescheduled, per Section 12 below, the term shall end upon completion of the rescheduled date. Payment will be made only for services completed to the satisfaction of the City. Contractor is to commence performance of Services on the commencement date and continue in a diligent manner until the Services are complete. Contractor acknowledges that compliance with the commencement and completion date is the essence of this Agreement. The terms of Sections 7 and 8 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of this Agreement. 11. CANCELLATION: The City has the right to exercise its discretion and cancel Contractor's Services by providing notice to Contractor, at least by 4 p.m. the day before the scheduled event date, due to the threat of severe inclement weather (i.e. hurricanes, tornadoes, flooding, etc.) acts of God, riots, strikes, epidemics and similar circumstances. In the event of such cancellation under this Section, the Contractor agrees to reschedule the event in the City within 60 (sixty) calendar days of the cancelled event, with the Contractor's 50% retainer deposit to be applied to this rescheduled event. However, in the event the Contractor is unable to reschedule the canceled event within this 60 (sixty) C1112-003 All Star Events, Inc. Service Agreement - WINTER-FEST 4 i..,_ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 day period, then Contractor shall be required to return any funds paid by the City, including but not limited to, the initial 50% retainer deposit. 12. TERMINATION: A. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. (i). In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 3 herein. (ii). Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set- off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvencv. The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 13. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: C1112-003 All Star Events, Inc. Service Agreement - WINTER-FEST 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 If to the City: Alan 1. Cohen, City Manager With a copy to: City of Sunny Isles Beach Hans Ottinot, City Attorney 18070 Collins Ave. City of Sunny Isles Beach Fourth Floor 18070 Collins Ave. Sunny Isles Beach, Florida 33160 Fourth Floor Ph: 305-792-1701 Sunny Isles Beach, Florida 33160 Ph: 305-792-1702 If to the Contrator: Sonny or Claudia Banks All Star Events, Inc. 16350 NW 15th Avenue Miami, FL 33169 Ph: 305-623-0058 Fax: 305-623-0067 Trisha~allstar-events.com 14. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 15. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 16. MISCELLANEOUS: A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. C1112-003 All Star Events, Inc. Service Agreement - WINTER-FEST 6 i~ . City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. F. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES #1: ALL STAR EVENTS, INC. Print Name BY: Signature and Title Signature WITNESSES #2: Print Name Signature ATTEST: CITY OF SUNNY ISLES BEACH BY: Jane A. Hines, CMC, City Clerk CII12-003 All Star Events, Inc, Service Agreement - WINTER-FEST 7 AII Star Events, Inc 16350 NW 15th Ave. Miami, FL 33169 Phone: (305) 623-0058 Fax: (305)623-0067 www.allstar-events.com Page #: 1 Invoice #:42667 Date: Tuesday, November 15, 2011 Invoice Event Dates/Times Sat, December 03, 2011 - Sat, December 03, 2011 05:00PM - 08:00PM Customer Information CITY OF SUNNY ISLES A TT: SUSAN-SYLVIA 18070 COLLINS AVE SUNNY ISLES, FL 33160 Event Information Your Rep Is: Trisha@allstar-events.com Place Of Event: SAMSON PARK 17425 COLLINS AVE North Miami Beach, FL 33160 Type Of Event: CITY # Of Guests: PO#: Child Name I Age: Home:305-792-1759 Site Contact: Work: 305-792-1706 Fax: 305-792-1566 Event Phone: Cell: 786-202-1137 ~1"O"''7'"':~ ~ .'_ JltJ:ll FACE PAINTER AS ELF DOING HOLlDA Y DESIGNES DIXIE WHEEL WI A TT camp from halloween LOGJAMMER SLIDE W/A TT SANTA CLAUS TO MEET N GREET DORA & DIEGO TODDLER CENTER W/A TT HAMSTER TIME BALL RACES WIATTWI FFOAM DELIVERY & POWER ~I"~ FH..,~S 05:00PM - 08:00PM :D~-"'>:t"" ~.~ 1f~~J milt~~"i. :to.. ..,....,:\-~.~.I $350.00 $350.00 1 05:00PM - 08:00PM 05:00PM - 08:00PM 05:00PM - 08:00PM 05:00PM - 08:00PM $0.00 1 $0.00 $895.00 1 $895.00 $375.00 1 $375.00 $395.00 1 $395.00 05:00PM - 08:00PM $995.00 1 $995.00 05:00PM - 08:00PM $400.00 1 Eauipment Fees: Admin Fees: Delive Fees: Discount: Total: Deposit Reauired: .,."'~:xi~.s"\.I!iI~!~jf~leY"M~"'l'i~~I"'n:""l 10:1,:.. ,..:~. . JIL~:~~ ,.,,~":....."lil;l. ~~BuiiililS'SYimit~ $400.00 $3,410.00 $0.00 $0.00 $0.00 $3,410.00 $1,705.00 Pa ments: **BY SIGNING BELOW I ACKNOWLEDGE AND ACCEPT ALL OF THE PROVISIONS SET FORTH IN THIS CONFffiMATION, THE A IT ACHED TERMS AND CONDITIONS, THE WAIVER AND RELEASE OF RIGHT TO SUE & RELEASE FORM. NO ORAL MODIFICATIONS WILL BE CONSIDERED UNLESS REDUCED TO WRITING AND SIGNED BY ALL PARTIES. ** PLEASE RETURN ONE COPY WITH DIRECTIONS AND A NON REFUNDABLE D.EPOSIT IN TIlE FORM OF CHECK OR MONEY ORDER TO 16350 N.W. 15TH AVENUE, UNIT B, MIAMI, FL 33169. THE BALANCE WILL BE PAYABLE IN FULL DAY OF EVENT BY CASH OR MONEY ORDER UPON DELIVERY. ***ALL CANCELLATIONS WILL BE CHARGED A 10% CANCELLATION FEE AGAINST INVOICE TOTAL*** ACKNOWLEDGED, ACCEPTED AND AGREED: ATTACHMENT "A" SIGNATURE: DATE: PLEASE FAX SIGNED INVOICE TO 305-623-0067 WITIllN 48 HOURS ALONG WITH DIRECTIONS TO EVENT LOCATION AND DEPOSIT TO CONFIRM EVENT. BALANCE IS DUE UPON DELIVERY. THANK YOU FOR YOUR BUSINESS! ****RAIN OR INCLEMENT WEA THER**** CANCELLATIONS DUE TO INCLEMENT WEATHER MUST BE MADE BY 4PM BEFORE THE DAY OF EVENT, REGARDLESS OF THE TIME OF EVENT. CANCELLATIONS MAYBE MADE BY CALLING THE MAIN OFFICE. ONCE THE EQUIPMENT IS AT THE EVENT, PAYMENT IN FULL IS DUE, RAIN OR SHINE. THE DEPOSIT IS NON REFUNDABLE. IN THE EVENT OF CANCELLATION, THE DEPOSIT WILL BE KEPT ON RECORD AND CAN BE APPLIED TO ANY FUTURE BOOKING WITHIN 6 MONTHS FROM THE CONTRACTED EVENT. DEPOSITS ON FILE LONGER THAN 6 MONTHS WILL BE FORFEITED. J!;ll~bllJliji\lj~: Samson Ocean Front Park (17425 Collins Avenue in Sunny Isles) - Take 826 east to Collins Avenue, make a left (north). Go about 10 blocks to park on the right at 174th Street. ':"- Please complete any missing information listed below. If this does not apply to your event, please disregard. Thank you for choosing All Star Events for your upcoming event! In order to ensure a successful and worry-free event, we need you to continn the following infonnation prior to the big day. Once you have completed the infonnation below, please either: (i) fax the completed fonn to (305) 623-0067; (ii) email the completed form to lorena@allstar-events.com; or (iii) mail the completed form along with your deposit to All Star Events, 16350 N. W. 15th Avenue, Miami, FL 33169. EVENT INFORMATION DATE OF EVENT: PLACE OF EVENT: TYPE OF EVENT: STARTING TIME FOR EVENT: PREFERRED SET-UP TIME: CONTACT PERSON ON DAY OF EVENT: CONTACT NUMBER FOR DAY OF EVENT: CHILD'S NAME (If Applicable): NUMBER OF KIDS OR PEOPLE: DIRECTIONS FROM CLOSEST MAJOR HIGHWAY: (IF HEADING NORTH- FROM TURNPIKE) SET-UP NEEDS EQUIPMENT TO BE SET UP ON: _Grass _Concrete _Inside _Outside or Other (Please Specify) TYPE OF ACCESS: _Double Gate _Single Gate _Other (Please Specify) PLEASE SPECIFY ACCESSIBILITY OF ELECTRICAL SOURCE: PLEASE SPECIFY ACCESSIBILITY OF WATER SOURCE (If Applicable): (WATER SOURCE NEEDS TO BE WITHIN 100FT OF EQUIPMENT) PLEASE LIST ANY ADDITIONAL SPECIAL REQUIREMENTS: YOUR TOTAL INVOICE IS $ ; LESS A DEPOSIT OF $ THE BALANCE OF $ IS DUE UPON DELIVERY. PLEASE HAVE THE BALANCE READY FOR OUR DRIVER UPON DELIVERY. Signature: Date: Print Name: Remember - In order to make your event a success, we need the completed/orm As Soon As Possible! All Star Events, Inc. 16350 NW 15th Ave. Miami, FL 33169 Phone: (305) 623-0058 Fax: (305)623-0067 www.allstar-events.com INTERNAL USE ONLY: Today's Date: Sales Rep: Date Processed: CREDIT CARD AUTHORIZATION FORM I, hereby authorize All Star Events, Inc. to charge my Credit card account in the amount: $ ( ) VISA ( ) MASTER CARD ( ) AMERICAN EXPRESS Credit Card Number: VID Code: (3 digits) or (4 digits AMEX) Expiration Date: / Name on Credit Card: Credit Card Billing Address: Street: City: State: Zip Code: Country: (if not U.S.) Payment for Event: Invoice # Event Date: Site Address: City: State: Contact: Phone Number: As the credit card holder, I hereby authorize transaction to be charged for the above amount. Please attach a copy of the credit card front and back along with the credit card holder's driver's license. Card Holder's Signature Date Note: By signing the invoice and/or credit card authorization form you agree that All Star Events, Inc. may charge your credit card for balances due if it is not paid in full on the day of event. *** PLEASE FAX COMPLETED FORM TO (305) 623-0067 *** WAIVER AND RELEASE OF RIGHT TO SUE I, the undersigned participant (and if participant is under the age of 18 years, hislher parent or legal guardian) on behalf of myself, my heirs, personal representatives, successors and assigns, for and in consideration of the furnishing me the opportunity to participate in the use of various entertainment equipment, rides and other events and activities and for other valuable consideration, the receipt and adequacy of which I hereby acknowledge, agrees as follows: I agree to release and discharge All Star Events. Inc., their respective parent, subsidiary and affiliated companies, and their respective officers, directors, employees and agents and independent contractors from any and all claims, demands, causes of action or losses of any kind whatsoever which I now have or later may have in any way resulting from, arising out of or in connection with my participation and use of any entertainment equipment, ride or other activity provided by the released parties. This Release also specifically includes the promoter and party contracting for this event, the owner and party responsible for the property upon which the event is being held, any Governmental or other authorizing agency whose permission was required in order to conduct the event, the manufacturer of any of the rides or equipment involved and any other entity involved with the promotion, arrangement, setting up or removal of the involved equipment involved. This Release extends to any and all clairns I have or may have against the released parties whether or not such claims result from negligence on the part of any or all of the released parties. This Release includes not only claims regarding negligence, but any defect in equipment or claim of negligent failure to inspect, maintain or provide safe equipment. I understand this means I agree not to sue any or all of the released parties for any death or injury to myself or my property resulting from or arising out of my use of the entertainment equipment and rides as set forth above. This Release also applies to any claims for gross negligence as defined by Florida law. I expressly agree to assume the entire risk of any accidents or personal injury including death, which I might suffer as a result of my participation and use of the entertainment rides and equipment. I acknowledge that I am aware that I may later discover facts in addition to or different from those that I now know or believe to be true with respect to the subject matter of this Release and I agree and represent I may have claims against the released parties of which, at the time I execute this Release, I have no knowledge or suspicion. I nonetheless agree this Release extends to all claims in any way based upon, connected with or related to the matters described above, whether or not known, claimed or suspected by me, which may now exist, or previously existed between me and those being released which may be created in the future. By signing the Release, I certify that I have read this Release and fully understand it and that I am not relying on any statements or representations of anyone released thereby. If a Court or other authority determines that any part or portion of this Release is not enforceable, the remainder ofthis Release will remain in full force and effect. I have carefully read this Release and understand its contents and I voluntarily sign this document under my own free will. Print Your Name: Signature: Age: -' Date: Signature of Parent or Guardian if participant is under the age of 18 years: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Alan J. Cohen, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Susan Simpson, Director of Cultural & Human Services DATE: November 17,2011 RE: Resolution Approving an Agreement with All Star Events for the City's Winter Fest Event RECOMMENDATION: It is recommended that the City Commission approve the attached Resolution to enter into an Agreement with All Star Events for the rental and operation of carnival style rides for the City's annual Winter Fest event on Saturday, December 3, 2011 in an amount not to exceed Three Thousand Four Hundred Ten Dollars ($3,410.00). REASONS: The City produces a Winter Fest event that offers carnival style games and rides for the children. Each year the event has grown in popularity with an estimated 1,000 guests in 2010. In an effort to continue to provide a quality event, it is recommended that varied ride options be provided to accommodate the large number of attendees. All Star Events also provided the games and rides for the Halloween event held last month. Due to that event, the accumulative spending exceeds $10,000. ADDITIONAL INFORMATION: Three quotes were acquired for this item and All Star Events was the lowest price while meeting the requirements of the City. Although a 50% non-refundable deposit is required for this rental due to the high demand weekend, in the event of a cancellation due to weather or other unforeseeable circumstances, the deposit will be applied to another City event within 60 days. FUNDING SOURCE: Funding is budgeted and available for this item in the Special Events Account No.1 0.572.5574. lL :D~, ON: Agend~ ltem L~ Date