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Home My WebLink About2017 AgreementSEBASTIAN CLAM BAKE FESTIVAL HOSTING AND SPONSORSHIP AGREEMENT This AGREEMENT made this j I day of 004017 tr 2017, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called the "CITY") and the SEBASTIAN CLAMBAKE 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 fall festival; and, WHEREAS, the FOUNDATION has formed and incorporated for the purpose of organizing a festival to be known as "The Sebastian Clambake Lagoon Festival' (hereinafter called the "Clambake") in celebration of the unique aspects of life along the Indian River Lagoon, to be held each year in the fall; 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. This Agreement is effective from 01 January 2018 through 31 December 2023. The previous Agreement between the CITY and FOUNDATION, dated 27 March 2013, is hereby superseded by this Agreement effective 01 January 2018. 2. The CITY shall be host to the FOUNDATION'S Clambake for the years 2018 through 2023 and the parties shall cooperate in conducting the Clambake as set forth herein. 3. The FOUNDATION, with the aid and assistance of necessary CITY personnel, shall organize and administrate all activities and events for the Clambake, 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. 4. The Clambake shall entail, at a minimum, the serving of clambake -style seafood, beer and/or wine and non-alcoholic beverages, and musical entertainment, as well as various water -related activities, over a three-day period occurring on a date mutually agreeable to both parties targeted for the first full weekend in November. 5. Except as specifically set forth herein, the FOUNDATION shall have all financial responsibility for funding the Clambake. It is recognized that the Clambake 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 process of the clambake in accordance with the requirements of Florida Law. 6. The FOUNDATION will provide a preliminary financial report to the CITY within one hundred twenty (120) days from the last day of each Clambake. The FOUNDATION will, annually, within sixty (60) days from the end of its fiscal year, provide to the CITY an annual financial report, prepared and certified by a Certified Public Accountant, showing all FOUNDATION revenues and expenses. This obligation for the 2023 Clambake shall continue to be in effect after termination of this agreement. 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 Clambake. 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 Clambake on Sunday evening. 8. The FOUNDATION is authorized to hold a boat show as part of the Clambake. 9. The FOUNDATION is authorized to maintain and shall have full responsibility for maintaining, the Castaway's Bonfire in accordance with established fire safety guidelines, and shall at all times have representatives tending the same. 10. The FOUNDATION shall have the use of the CITY portable band shell during the Clambake. 11. In conjunction with the Castaway's Bonfire, the FOUNDATION is authorized to bring in loads of sand to enhance the facilities. Said sand placement shall be coordinated with the Director of Public Works and, as a donation by the FOUNDATION to the benefit of the public, after the event said sand can be incorporated as fill into needed areas of the Riverview Park Complex or where the CITY determines it most desirable. 12. 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 department 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. 13. 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. 14. 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 trouble- shooting duties. Additionally, the CITY shall provide all electric and water utilities and additional portable restroom facilities as needed by the Clambake. The CITY will make reasonable attempt to operate and dispose of waste in an environmentally recommended fashion. 15. Upon submitting event advertising receipts, the CITY will reimburse the same up to five thousand dollars ($5,000). 16. Additionally, CITY shall publicize the event thorough its newsletter, governmental access channel, public signage, website and all other available CITY information outlets. 17. 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. 18. 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. 19. The CITY agrees to indemnify, defend and hold FOUNDATION harmless form any and all negligence claims of any nature brought by CITY'S 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 the 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 any other third -party rights. AGREED to on the date first set forth above. CITY OF SEBASTIAN Joseph Griffin, City Manager ATTEST: SEBASTIAN CLAMBAKE FOUNDATION, INC. /–, MZ5�� c F—tod Anf i lirillo, President Approved as to form and legality for Reliance by the City of Sebastian Only: ZI &W- 6c we <L4NI Q / J nette Williams, Cynthia V. Hal City Clerk, MMC Interim City Attorney