03-27-2023 VC SP-A with attachment
VILLAGE OF NORTH PALM BEACH
SPECIAL SESSION AGENDA
VILLAGE HALL CONFERENCE ROOM MONDAY, MARCH 27, 2023
501 U.S. HIGHWAY 1 11:00 AM
David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Chuck Huff Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
ROLL CALL
COUNCIL BUSINESS MATTERS
1. RESOLUTION – SECOND AMENDMENT TO CONTRACT FOR HERITAGE DAY RIDES Consider
a motion to adopt a resolution approving a Second Amendment to the Contract with Big Fun, Inc. to
include three additional rides and increase the compensation to $75,860 for Heritage Day 2023; and
authorizing execution of the Second Amendment.
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER’S OFFICE
TO: Honorable Mayor and Council
THRU:
FROM:
Chuck Huff, Village Manager
Zakariya M. Sherman, Director of Leisure Services
DATE: March 27, 2023
SUBJECT: RESOLUTION – Approval of a Second Amendment to the Contract with Big Fun, Inc. for
additional carnival rides at Heritage Day
Through the adoption of Resolution NO. 2022-94 on October 27, 2022, Village Council approved an
Amendment to the contract with Big Fun, Inc. for carnival rides at Heritage Day to extend the term
through 2023 and to increase the cost from $42,000 to $55,860 due to inflation and supply chain issues.
At the time, Big Fun discussed pricing for additional rides, which would cost between $7,500 and
$20,000 depending on the types of rides, transportation costs, and availability.
Recently, Big Fun Inc. informed staff that three additional rides (the Carousel, Bumper Cars and Surf
City) were available for Heritage Day and could in incorporated on site an additional cost of $20,000.
Incorporation of the additional rides would increase the total expenditure to Big Fun, Inc. for Fiscal Year
2023 from $55,860 to $75,860.
Account Information:
Fund Department Account
Number Account Description Amount
General Fund Parks and Recreation A8229-35650 Heritage Weekend
Expense $20,000
The attached Resolution and Second Amendment have been prepared/reviewed for legal sufficiency by the
Village Attorney.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
a Second Amendment to the Contract with Big Fun, Inc. for additional Heritage Day amusement
rides at an additional cost not to exceed $20,000 ($75,860 total), with funds expended from
Account No. A8229-35650 (Parks and Recreation – Heritage Weekend Expense), and authorizing
the Mayor and Village Clerk to execute the Second Amendment in accordance with Village
policies and procedures.
RESOLUTION 2023 -
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. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS DAY OF , 2023.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 2
SECOND AMENDMENT TO CONTRACT
This Second Amendment is made as of the _______ day of _____________, 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: _____________________________
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
BIG FUN, INC. PROPOSAL# NPB040123V2
P. O. Box 699 Jensen Beach, Fl. 34958 Phone (772) 285-2208 Fax (772) 225-0300
EVENT: Heritage Day
DATES: April 1, 2023
EVENT COORDINATOR: Stephen Poe
PH.(561)904-2128
EVENT LOCATION
Anchorage Park
North Palm Beach, Fl.
Big Fun proposes to provide the following services:
Heritage Day Amusement Rides and Attractions to include the original ride package of 8 rides, with an additional 3
added.
Original package
Rock Star
Super Swinger
Fusion
Fun Slide
Barrel of Fun
Orient Express
Cross Country Adventure
Frog Hopper
Generators and power distribution
Cost: $55,860.00
3 additional rides
Carousel
Surf City
Bumper Cars
Cost: $20,000.00
Total combined cost: $75,860.00
All labor, transportation, insurance and state inspection fees included in proposal cost.
RESOLUTION 2022-94
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING AN 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 AMENDMENT; WAIVING THE VILLAGE'S PURCHASING POLICIES AND
PROCEDURES; 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, due to COVID-19, the Village canceled Heritage Day in 2020 and 2021, and the parties
have agreed to amend the Contract to extend the term for an additional one-year period and increase the
compensation paid by the Village; and
WHEREAS, the Village Council determines that the approval of the 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 an Amendment to the Contract with Big Fun, Inc.
to extend the term for an additional one-year period and increase the compensation to $55,860.00 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 Amendment, a copy of which is attached hereto and incorporated herein.
Section 3. In approving the Amendment to the Contract, the Village Council waives all conflicting
purchasing policies and procedures.
Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 5. This Resolution shall take effect immediately upon its adoption.
0 OPTED THIS 27"" DAY OF OCTOBER, 2022.
1 RJA •
r
VILLAGE CLERK
MAYUk_
1
AMENDMENT TO CONTRACT
This Amendment is made as of the 27th day of October, 2022, 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, the VILLAGE canceled Heritage Day in 2020 and 2021 because of the COVID-19
pandemic, and due to inflation and supply chain issues, CONTRACTOR has agreed to provide
amusement rides for Heritage Day 2023 at an increased cost; and
WHEREAS, the parties wish to amend the Contract to provide for these modifications.
NOW, THEREFORE, in consideration of the promises and mutual covenants set forth in the
Contract and this Amendment, the receipt and sufficiency of which is hereby acknowledged by
both parties, the VILLAGE and CONTRACTOR agree as follows:
A. CONTRACTOR shall provide amusement rides for Heritage Day 2023, and the parties
agree to amend subsections 1 and 2 of Article 1(C) to read as follows:
1. CONTRACTOR shall stage all rides/attractions at the VILLAGE’s designated location so
that they are ready for inspection by the State of Florida on Friday, March 31, 2023 (day
before the event) and shall provide the required services at the VILLAGE’s designated
location on Saturday, April 1, 2023 (day of event).
2. In the event of inclement weather, CONTRACTOR shall provide the required services at
the VILLAGE’s designated location on Sunday April 2, 2023 (day after event).
B. The parties agree to amend Article 2(D) to extend the term of the Contract for an additional
one-year period, unless terminated earlier in accordance with Article 7.
C. The parties agree to amend Article 4(A) of the Contract to increase the amount of
compensation paid by the VILLAGE to CONTRACTOR to Fifty-Five Thousand Eight Hundred
and Sixty Dollars and No Cents ($55,860.00) for Heritage Day 2023. The Village shall pay the
fifty percent (50%) deposit on or before February 1, 2023.
D. The parties agree to add a new Article 34 to the Contract to read as follows:
ARTICLE 34. E-VERIFY
CONTRACTOR warrants and represents that CONTRACTOR and all
subcontractors are in compliance with Section 448.095, Florida Statutes, as may be
amended. CONTRACTOR has registered to use, and shall continue to use, the E-
Verify System (E-Verify.gov) to electronically verify the employment eligibility of
newly hired employees and has received an affidavit from each subcontractor
stating that the subcontractor does not employ, contract with or subcontract with
DocuSign Envelope ID: 07C241CC-9952-487A-B099-32C67D0143B8DocuSignEnvelopeID: 79021C36-4D64-41F8-B0A4-582BA44BADD8
2
unauthorized aliens. If the VILLAGE has a good faith belief that CONTRACTOR
has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall
terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be
amended. If the VILLAGE has a good faith belief that a subcontractor has
knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has
otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall
immediately terminate its contract with the subcontractor.
E. 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 Amendment as of the day and year first above written.
CONTRACTOR:
BY:
Print Name:
Title: _____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY: ________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
DocuSign Envelope ID: 07C241CC-9952-487A-B099-32C67D0143B8
President
Michael Doolan
DocuSign Envelope ID: 79021C36-4D64-41F8-B0A4-582BA44BADD8