HomeMy WebLinkAboutFamily Movie NightRESOLUTION 2011-523
ADOPTED
DOC ID: 6998
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-523 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 19, 2011:
RESOLVED that the Town Board of the Town of Southold hereby .authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and
Hamptons Drive-In, LLC in connection with the equipment rental in an amount not to
exceed $850.00 for the Town of Southold Youth Bureau's Family Movie Night to be held on
August 12, 2011, rain date August 26, 2011 at Tasker Park at dusk, subject to the approval of
the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, .Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Hamptons Drive-In Event Agreement 2011 -Southold Town You~ Bureau
Th~s AGREEMENT ["Agreement") ~s entered into as af July 1 I. 2011 between Hamptons Drive-tn, LLC, a New York limited
liability company (hereinafter referred to as "HDI"), and Town of Soufhold Youth ~:lureou (herehafter referred to as "Client"J.
Evnnt I ~ n~ ~ titans:
Arr/val Movie
Date T~me Start Service Location Address Contact/Phone # Pr/ce
B'iday 8:15 pm ~.0 Ft Movie Screen peconic Lane ~hillip Beltz, Youth Bureau
~/12/11 5.00 pm (dark) ~/Ith PA Tasker Park Peconlc, NY fl~rectar #765-fl806
TBD ~aindate
Su~tatal ,~85o
Total ~8,,~
2. Overlme: In the event that any services to be provided Dy HDI are delayed or extended past the Movie End time, as
indicated in section I above~'~-: ~-~.~ ;-~,~,~:,~, HDI shall have the right to charge an additional pro-rated fee of $100 per hour
to cover HDI's costs and expel~ses far any extended serv~:e period. , . /
a. Rnse~va#on: A reservation ts only confim~ed once a deposit ts rece/ved~-fDI reserves the fight to release
unconfirmed reservations on the f~st business day following the invo/cefdue date without not/ce.
b. I'e~ms: The inttidl depasit shall be by check, or cash made payable to HDI upon presentation of the invoice. The
balance af the total tee must be received prlar to the scheduled event date. Event credit may not be used os a
deposit where the services ordered ts greater than the value of the credit.
Due Date Amount ~,425
Deposit - Due upon acceptance
Balance - Due August 12~ 2011 ~425
'*l~alance due for event ts due at the start of the event on ~. If inclement weather causes
cancellation of the event, the balance ts due before the start of the event on the rain date.
4. Weathm Cancnlla#on v~lh Suffleleflt N911~," The Clan t may cancel due to ex,ted inclement weather ~m n~ on
· e d~ ~o~ ~ ~ sch~ded eve~.
a. EventC~d~Cl~ntwill~ceiveacred~tor~eeventto~deemedbyOcto~rL2012.
b. ~: HDI will wo~ wi~ the Cl~nt to ~hedu~ a mutual~ conven~nt time to makeup ~e event.
c. NGEee: Client may not cancel even t due ~ weather eaHier than ~ hou~ ~r to ~e ~aH time of the event.
T~el: Whe~ ~e HDI c~w mu~ ~vel mo~ than 2~ mi~s reund-~p f~m East Hampton, NY 11937, ~e Cl~nt mu~
noffiy HDI of ~e event cancel~t~n 24 hou~ ~ar to the crew's ~h~uled de~Hu~.
e. ~ Any wea~er a~ent ar cancel~t~n recommendations by HDl are ~ov~ed to ~e Client
solely as a couff~.
5. W~alh~ C~ncnl~llon ~dl~ut Sulllcinnt #olcn:/f the Client cancels due to expected inclement weather any time after
noon on the day prior to the event and up to the point at which HDI begins setting up the even t.
a. Fee'. Client will be charged $500 to cover crew and travel expenses.
b. ~ Client will rece/ve a credit for the event to be redeemed by October 1, 2012.
c. Rnscheduin: HDI will work with the Client to reschedule a mutually convenient time to make-up the event.
d. Tr~el: Where the HDI crew must travel more than 200 miles round-trip from East Hampton, NY ~ 1937, client will be
charged the greater amount af the related travel and crew co,ts or $500.
e. ~ Any weather assessment or canceliotlon recommendation by HDI ts provided to the Client
solely as a courtesy.
Hamptans Drive-in Event Agreement- S~uth~l~l Town Youth - 20;; - Page I of 3
6.'.~ Except as otherwise provided herein, cancelidtion of this agreement by Client for any reason at
all shall cause the forfeiture of the entire deposit.
a. ' · Cancellation at an event by Client within the 30 calendar day pefiod prior to the event
date shall cause the forfeiture of all monies po!ci by Client to HD~, un/ess; [I) HDI is able to obtain an equal substitute
scheduling elsewhere (where there is a difterence in sen4ce fee, the d~terence will be deducted fram the deposit),
AND (11] Client re-schedules HDI for an open date within 90 days of the cancelled date.
a. Extreme Weather Condithsn~ HDI reserves the fight to immedidteiy cancel the event in its sole discretion and
without notice if there is any threat of lightning, rain, or extreme temperatures or wind occurring at any time dudng
the del/very of service[ if the event is cancelled on-site as a result of these dangerous circumstances, and where
less than 25% of the film is presented, Client shall receive a credit to~ the cancelled event valid unffi October I,
2012.
b. Maior Force~ HD~ reserves the dght to immediate~y postp~ne ~r c~nce~ the event ~t any time if any c~nditions
caused by natural forces or any other unforeseen force, which shall include, but not be limited to, acts of war,
terrorism, electrical failures or blackouts, c/vll disobedience, natural and man-made discsters, denied access by o
governmental authority, or other restraints beyond the control of HDI [each a "Major Force"}, may cause harm or
bodily injury to HDI's crew or equlpmen t In the reasonable discretion of HDI. If HDI cannot complete Its obligations
under this agreement because of the occurrence of a Major Force, Client shall not have any recourse against HDI
for its non-performance other than voiding this agreement and receiving a full credit for the deposit and any other
monies paid to HDfi provided, however, that Client shall not rece/ve any forfeit any monies paid to HDI and shall not
receive any refund of deposit or any other funds paid to HDI in the event of denial of access by a governmental
authority, as all governmental licenses and permits are the sole responsibility of Client.
c. ' : Client wilt be entitled a credit for the entire Hamptons Drive4n fee, good for one calendar
year if the event must be cancelled due to a failure of HDI's projection, Inflatable movie screen or other video or
audio equipment ~f any delay or interruption of services os a result of HDI equipmen t failure is not comected within
20 minutes.
d. Licenses. Permits and Insurance. The venue must have any and all necessary enteffoinment and performance
licenses, permits and insurance, where applicable. OBTAINING ALL LICENSES, PERMITS AND INSURANCE, INCLUDING,
WITHOUT LIMITATION, ANY "MASS GATHERING" OR "PARTY" PERMITS FROM THE GOVERNMENTAL AUTHORITY HAVING
JURISDICTION OVER THE LOCATION OF THE EVENT SHALL BE THE SOLE RESPOSIBILITY OF CLIENT. Client shall notify
of any such special requirements at the venue 30 days In advance of the event, and Client shall forward copies of
all permits to HDI upon receipt. Cllent shall indemnify, defend [by counsel of HDI's choosing) and hold harmless HDI
and its managers, members, employees, subcontractors and agents fram any tines, fees, penalties, and reasonable
attorney's fees arising out of Client"s taliure to obtain all necessary and proper permtts and insurance.
8. Ca~Z~E HDI is not responsiaie for quality, appropriateness or per/ormance at content provided by th,~'d part,~s,
regardie~ of whether any licensing tees are b~/led through HDI or if the content is shipped directly to HDI. Any content
recommendations by employees or contracto,'s at HDI are provided to the client solely as a courtesy.
a. ~ c/ient ~s solely responsibie for seiecting the video and audio content tor the event and
determin~ng whether the content of a particular selection is appropriate for viewing either general/y by the public
or spec/~icol/Y by o particular c/ass of the public [Le., children, minors, etc.).
b. Pe~f~rmance: An~ screenIng ~f c~ntent prior t~ displ~ is soie~ for the purp~ses ~t ~n~rmIng the c~mpotibi~ity ~f
the DVD with HDI equipment, if the content does not di~piay or the C/lent does not deem the quality of the content
to be acceptob/e, Client shall pay HDI all remaining fees os if the event hod been completed without interruption.
9. ~ Client shall take any and all necessary and reasonable steps to protect: (I] HDI and ifs
officers, personnel, employees or other agents attending the even t and (ii) HDI property from any type of abuse, theft or
damage resulting from the actions, whether voluntary or involuntary, by Client, ~ guests, patrons or any persons, including
workers, agents or other subcontractors welcomed or retohed by Client. Where a loss occurs due to Client's negligence,
Client shall be responsible for restitutions which Include, without limitation, the Items lost or damaged, the t/me and effort
necessary to replace the items, any lost profits or busine~ or any other casts Incurred by HDI resultIng from the actions of
Client, its guests, patrons or any other pemons welcomed or retained by Client, including HDI's reasonable attorney's fees
HDI has the right to deny any person access to the HDI designated areas, projector oreo, movie screen or any other
equipment at the venue. Should c~rcumstances, determined solely by HDI, present on imminent or apparent threat of bodily
injury or loss to HDI or its employees, personnel, subcon tractors or other agents, or HDI property, HDI reserves the fight to
immediate/y stop operating any projector or audio equ~menh without Client's approval un ffi HDI has determined in ifs
reasonable discretion that the threatening situation has been succes~ully resolved or removed. Whether the dangerous
situation is resolved or not resolved, Client shall pay HDI all remaining fees as ~ the event had peen completed without
interruption.
Harnptons Drfve-ln Event Agreement- Soufh~td Town Youth - 201 I - Page 2 of 3
o. Ac~ The venue should be made ava~obie to FIDI at least 2 hours betem the scheduk~'stortlng t/me of the
event. The venue must hove same ~./e/load-ln area accessible by vehicle ie~s than I00 feet from the event
location. HDI requl'es a rain/mum of 2 hours to d'~,c~em hie and load out all equipment Immediately following
completion of the event.
b. ~ecu~tv:C~ientmustpr~v~desecudt~torHD~emp~ayeesancfequ~mentduringtheenftef~f~et-up~peratlonand
breakdown in the form of a client rel:xesentotive w~ cell phone access to loca/police. It HDI determines in Itssoie
occurring at or in the vtoin ih/of the event loc, aEon, C~ent shofl provide unlom~ed police protection promptly upon
HDl'$ reque~t for the entitety of HDI's pn~e~ence at the event (whether such aclfvlfy occurs pflor to, during or ofter
the Service Period including any extended periods} within 200 feet of HDI equipment end personnel
10, ~Anylegolactlon invo/v~g o dispute or mofter onis~g underthisogreementmoyonlybe
brought in the United States D/s~Ict Coud' for the Southern Disf~fct of New Yod~ or eny New York 5'tote Court/ocated in Suffolk
County, New York, or the county in which the event is scheduied to occur, hov~g./urlsdlction over the subject molter of the
dispute. Client end I-~l hereby consent to the exercise of pe~sonoi]urfsdlcflbn by any such court wfffl respect to any such
proceeding. The/ows of the Stote of New Yod~ shall govern the vofkffiy of this ogreemen t end the construction of its tetTn~
11. Umita~m ~ U~. HDI or its monogem members, employees, subconfroctors or ogenfs shall not be Iloble to C~ent for
any specie/, indirect, punfffve, exempiory, consequenfio/or incldentoi domoges, orblng in connection with this ogreement
or the sewlces provided hereunder. In no event shell HDI be Ilob~ for domoges in excess of the omount It has been pold by
Client under this ogreement. Notwithstanding onything to the contrary contoined in this o~reement, HD/shell not be Iloble
to Client for ony thkd potty clo/m~
12. J~ The services provk~ed under this agreement ore provided "os is" and without any worronty
whof$oever. HDI hereby dlscloirns any end atl worronfles, including but not I/m/ted to, the/mp/ied wononty of
merchontot:~dy end~or fitness for o particular purpose.
13. ~ C~ent shoff protect, indernnity, defend end hold HDI end/ts rnonogers, members, employees,
subconfractocs end ogents hon'niess from oncl ogoinsf ony and ell Ilob~itfes, cio~ms, ¢famoges, losses and ~
including, but not E~m Ited to, clofms of third pa~es, regordiess of fo~rn or legal bash. whether based on tort, confroct, strict
Ilob~ity or otherwise, orising from or in connection with the services provided hereunder, except to the extent that such
I~ob~itfes were coused directly or indi~eatly by the gross negligence of HDI.
14. ~ This ogreement conto/ns the entYe agreement between the parties and supersedes ell prior written or
orol agreements. This agreement may not be mndItled except in wilting signed by both podfe~
15. ~ Absent a signature below, the Client's delivery of the deposit shell be considered o full occeptonce of the
temps and conditlonsset forth herein.
IN WITNESS WHEREOF, author/zed representotive of HD! and the C/ient hove caused this Agreement to be executed os of
6,,,,:. /,,. I,VV¥ ~
O~: ~nh~ Pr~ent
By executing this og~eement, the Client:. (11 Acknowledges review and understanding of HDI's rein and inclement weother
concellatlort po~y os out/~ed in sections 4 end 5 obove, and (Il) ogrees to be bound by all of the terms end cond/tlons of
such concellatlon policy, including, without lknitafton, the/:x:zymenf to/-/DI of o ~ concellofion fee.
Client:. /~
Scoff A. Russell: Supervisor '
Homptons Ddve-!n Event Agreement - ~ - Page 3 of 3