HomeMy WebLinkAbout2017 AgreementShrimpFest & Craft Brew Hullabaloo
Hosting And Sponsorship Agreement
This AGREEMENT made this 24th day of May 2017, between the CITY OF
SEBASTIAN, a Florida municipal corporation (hereinafter called the "CITY")
and the Rotary Club of Sebastian Recreational Foundation, Inc., a Florida non-
profit corporation (hereinafter called the "FOUNDATION") provides that:
WHEREAS, the CITY hosts public festivals in the Riverview Park complex in
the winter, spring, and summer of each year; and,
WHEREAS, it is desirable that the CITY host a spring festival; and,
WHEREAS, the FOUNDATION is incorporated for organizing a festival to be
known as "ShrimpFest & Craft Brew Hullabaloo" (hereinafter called the
"ShrimpFest") in celebration of the unique aspects of life along the Indian River
Lagoon, to be held each year in the spring; and,
WHEREAS, the CITY and FOUNDATION desire that said celebration be
centered around CITY'S Riverview Park complex; and,
THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and
promises herein, the sufficiency of which is hereby acknowledged by the
parties, it is agreed:
1. The CITY shall be host to the FOUNDATION'S ShrimpFest for the years
2018 through 2023 and the parties shall cooperate in conducting the
ShrimpFest as set forth herein. This Agreement shall terminate on 31
March 2023
z. The FOUNDATION ShrimpFest Committee, with the aid and assistance
of necessary CITY personnel, shall organize and administer all activities
and events for the ShrimpFest, unless otherwise set forth herein, in
compliance with all applicable ordinances, statutes, health codes and
other governmental regulations, and subject to reasonable safety
controls of the Police Department, Fire Marshall and Health Department.
3. The ShrimpFest shall entail, at a minimum, the serving of Food, beer
and/or wine and non-alcoholic beverages, and supply musical
entertainment over a three-day period occurring on a date mutually
agreeable to both parties targeted for the third weekend in March.
4. Except as specifically set forth herein, the FOUNDATION shall have all
financial responsibility for funding the ShrimpFest. It is recognized that
the ShrimpFest is intended to be a fund-raiser for local charitable and
public -purpose projects and that, towards these purposes; the
FOUNDATION may be compensated by vendors and others for use of
the rights-of-way and park areas subject to this Agreement. So, long as
its non-profit status is maintained, however, the FOUNDATION shall
control disbursement of all proceeds of the ShrimpFest in accordance
with the requirements of Florida Law and the Rules of the festival.
5. The FOUNDATION will, within one hundred and twenty (120) days from
the last day of the ShrimpFest, provide to the CITY an annual financial
report, prepared and certified by a Certified Public Accountant, showing
all FOUNDATION ShrimpFest revenue and expenses.
6. Commencing as of 3 P.M. on the Thursday preceding the event, the
entire Riverview Park complex, including the Yacht Club facilities, will be
dedicated to the exclusive use of the ShrimpFest. Sebastian Boulevard
and Harrison Street east of the adjacent private properties thereupon,
and Indian River Drive between Coolidge and the southern boundary of
the Park, will be closed to traffic commencing as of 7 A.M. on the Friday
of the event. These restrictions shall continue until the conclusion of the
ShrimpFest on Sunday evening.
7. The FOUNDATION is authorized to hold a boat show, car show or
motorcycle show as part of the ShrimpFest.
a. The FOUNDATION shall have the use of the CITY portable band shell
during the ShrimpFest.
9. The City shall provide law enforcement personnel as deemed necessary
by the Chief of Police, throughout the event, including at a minimum one
officer (either a certified sworn officer or a member of the departments
volunteers) who shall be specifically assigned to duty at the Riverview
Park Complex for security overnight on Thursday, Friday and Saturday
evenings of the event.
so. The CITY shall provide a reasonable system of off-site parking and
transport during the event except for those occasions when the parties
agree that the same is not needed. CITY shall bear the financial
responsibility for this system.
ii. The CITY shall provide public works personnel to supervise and assist
in event set-up, including initial preparation of the site, including insect
control, and with event wrap-up. During the event, at least one CITY
public works representative will be on site for troubleshooting duties.
Additionally, the CITY shall provide all electric and water utilities and
additional portable restroom facilities as needed by the ShrimpFest. The
CITY will make a reasonable attempt to operate and dispose of waste in
an environmentally recommended fashion.
12. Upon submitting event advertising receipts, the CITY will reimburse the
Foundation up to Five Thousand Dollars ($5,000).
is. Additionally, CITY shall publicize the event through its newsletter,
governmental access channel, public signage, website and all other
available CITY information outlets.
ia. The CITY shall be accorded the highest level of sponsorship for the
festival and shall receive the publicity and recognition granted any
others of that status,
is. The FOUNDATION agrees to indemnify, defend and hold CITY
harmless from any and all claims of any nature brought by the
FOUNDATION members, or agents in the course of performing
FOUNDATION'S obligations under this Agreement or from any claims
by any persons arising from or damages incurred by the CITY from the
wrongful acts of FOUNDATION members or agents whatsoever arising
from the exercise of the privileges and obligations set forth hereunder. It
is not intended for this provision to create any right of subrogation or any
other third -party rights.
ie. The CITY agrees to indemnify, defend and hold FOUNDATION
harmless from any and all negligence claims of any nature brought by
employees or agents in the course of performing CITY'S obligations
under this agreement, or from any claims by any persons arising from
the wrongful actions of CITY'S employees or agents, whatsoever arising
from the exercise of tie privileges and obligations set forth hereunder.
Nothing herein shall be deemed a waiver of sovereign immunity. It is not
intended for this provision to create any fight or subrogation or and other
third -party rights,
Agreed to on the Date first set forth above
CITY OF SEBA IAN
BY:
Joe Griffin, City Manager
ATTEST:
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Jeanette Wittiams., City Clerk
THE ROTARY CLUB OF SEBASTIAN
RECRE,ATTTIIONAL OUNDATI INC.
By: 1�
Burney Carter, Chairperson
APPROVED AS TO FORM AND
LEGALITY FOR RELIANCE BY THE
CITY FSEBASTIAN ONLY:
BY:
Robert A Ginsburg, City Attorney