R2023-28 Second Amendment to Contract with Big Fun, Inc.RESOLUTION 2023-28
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE
CONTRACT WITH BIG FUN, INC. TO PROVIDE AMUSEMENT RIDES FOR
HERITAGE DAY 2023 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE SECOND AMENDMENT; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 2020-15 on February 13, 2020, the Village Council
approved a Contract with Big Fun, Inc. to provide amusement rides for Heritage Day 2020 through 2022
based on a proposal submitted in response to the Village's RFP; and
WHEREAS, through the adoption of Resolution 2022-94 on October 27, 2023, the Village Council
agreed to approved an Amendment to the Contract with Big Fun, Inc. to extend the term through 2023
and to increase the compensation paid by the Village, in addition to waiving the Village's purchasing
policies and procedures; and
WHEREAS, Big Fun, Inc. has advised the Village of the availability of three additional rides for Heritage
Day 2023, and the Village wishes to include these rides at an additional cost; and
WHEREAS, the Village Council determines that the approval of the Second Amendment to the Contract
is in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves- a Second Amendment to the Contract with Big Fun,
Inc. to include three additional rides and increase the compensation to $75,860.00 for Heritage Day 2023,
with funds expended from Account No. A8229-35650 (Parks and Recreation — Heritage Weekend
Expense). The Village Council further authorizes and directs the Mayor and Village Clerk to execute
the Second Amendment, a copy of which is attached hereto and incorporated herein.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 4.
PASSED AID.A.DOPTED THIS 27TH DAY OF M,
NI Rry�
(Vil Seal)
�� FLORIDA
ATT � �••• �.
VILLAGE CLERK
Page 1 of 2
SECOND AMENDMENT TO CONTRACT
This Second Amendment is made as of the 27th day of March, 2023, by and between the VILLAGE
OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to as the
VILLAGE, and BIG FUN, INC., a Florida corporation, hereinafter referred to as CONTRACTOR,
whose Federal Employer I.D. is 20-1152264.
WHEREAS, on February 13, 2020, the VILLAGE and CONTRACTOR executed a Contract whereby
CONTRACTOR agreed to provide amusement rides for the VILLAGE’s Heritage Day event for
2020, 2021 and 2022; and
WHEREAS, because the VILLAGE canceled Heritage Day in 2020 and 2021 and due to inflation
and supply chain issues, on October 27, 2022, the VILLAGE and CONTRACTOR executed an
Amendment to the Contract to extend the term through Fiscal Year 2023 and increase the cost; and
WHEREAS, CONTRACTOR has informed the VILLAGE that three additional rides are available
for Heritage Day, and the VILLAGE and CONTRACTOR have agreed to again amend the Contract
to include these rides at an additional cost.
NOW, THEREFORE, in consideration of the promises and mutual covenants set forth in the Contract,
as amended, the receipt and sufficiency of which is hereby acknowledged by both parties, the
VILLAGE and CONTRACTOR agree as follows:
A. In addition to the eight rides included in the original proposal (Rock Star, Super Swinger,
Fusion, Fun Slide, Barrel of Fun, Orient Express, Cross-Country Adventure and Frog Hopper),
CONTRACTOR shall provide three additional rides for Heritage Day 2023: Carousel, Surf City and
Bumper Cars.
B. The parties agree to amend Article 4(A) of the Contract to increase the amount of
compensation paid by the VILLAGE to CONTRACTOR to Seventy-Five Thousand Eight
Hundred and Sixty Dollars and No Cents ($75,860.00) for Heritage Day 2023.
C. All other terms and conditions of the Contract, to the extent not expressly modified herein,
shall remain in full force and effect. In the event of an express conflict between the terms of the
Contract and this Amendment, the terms of this Amendment shall control.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Second Amendment as of the day and year first above written.
CONTRACTOR:
BY:
Print Name:
Title: _____________________________
DocuSign Envelope ID: FBEE9991-8DC8-48BF-B11F-9CA958A827C6
President
Michael Doolan
DocuSign Envelope ID: 3E05144A-B20C-43DD-9C74-69C7C7A32BCD
Page 2 of 2
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DAVID NORRIS
MAYOR
ATTEST:
BY: ________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
DocuSign Envelope ID: FBEE9991-8DC8-48BF-B11F-9CA958A827C6DocuSign Envelope ID: 3E05144A-B20C-43DD-9C74-69C7C7A32BCD