HomeMy WebLinkAbout2019JOINT PROJECT AGREEMENT FOR
FINE ARTS AND MUSIC FESTIVAL
THIS AGREEMENT entered into this I clay of G3 , 20 _L�, between the CITY OF
SEBASTIAN, a Florida municipal corporation (CITY), and the SEBASTIAN RIVERFRONT
FINE ARTS AND MUSIC FESTIVAL, INC (SRFAMF),
provides that:
WHEREAS, CITY founded a Fine Arts and Music Festival featuring a juried art show
and musical entertainment along the Riverfront during the winter season; and
WHEREAS, SRFAMF has organized the event successfully since 2007. and CITY
desires for SRFAMF to continue to do so; and
WHEREAS, the parties hereby set forth the obligations and privileges involved in
nurturing this valued relationship;
THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and
promises provided herein. the sufficiency of which is hereby acknowledged by the panics, it is
agree:
L The parties shall cooperate in organizing and conducting the Fine Art and Music Festival
on an annual basis in the month of January through the year 2024. The specific dates of
the festival shall be coordinated between SRFAMF and the City Manager. This
agreement is in effect from March 1", 2019 through December 3l". 2024.
2. SRFAMF, with the aid and assistance of necessary City personnel, shall organize and
administrate all activities and events for said Festival in compliance with all applicable
ordinances, statutes. health codes and other governmental regulations and subject to the
safety controls of the Sebastian Police Department, Fire Marshall and Health Department.
3. Said Event shall entail. at a minimum, ajuried an show, a food and drink court that can
include beer and/or wine service, and live musical entertainment over a two day period in
Riverview Park. with such additional events as is determined by SRFAMF and the CITY
to be feasible. Indian River Drive, in the vicinity of the Park, and the Yacht Club Boat
Ramp shall be closed at such times and locations as determined at the reasonable
discretion of the City Manager. following notification to businesses- within 500 feet of a
closed segment.
4. SRFAMF shall meet with representatives of the office ofthe City Manager during the
City budget preparation cycle and assist in establishing a budget for the obligations of the
CITY under the terms ofthis agreement.
5. CITY shall provide law enforcement personnel as deemed advisable by the Chief of
Police throughout the Event including, at a minimum, an oflcer to be specifically
assigned to duty at Riverview Park for overnight security on the Saturday evening of the
Event.
6. CITY shall provide personnel to supervise and assist in maintaining the park and
grounds, including trash removal and insect control, beginning with pre -event set-up
through post -event breakdown. The CITY will make reasonable attempt to operate and
dispose of waste in an environmentally conscious fashion. Additionally. CITY shall provide all
electric power required for the Event.
7. Upon submitting event advertising receipts, the CITY will reimburse the same up to five thousand
dollars ($5,000). Additionally, the CITY shall publicize the event through its newsletter, governmental
access channel, public signage, wehsite and all other available CITY information outlets.
8. 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.
9. SRFAMF shall have the right to rent concession booths in Riverview Park and the closed portion of
the Indian River Drive right-of-way as part of the Festival, and shall be entitled to all proceeds from
said concession activities.
10. SRFAMF shall organize fund-raising and otherwise have full financial responsibility for funding the
Event.
11. At the end of each calendar year, SRFAMF shall file a financial statement prepared and certified
by a Certified Public Accountant ICPA) with the office ofthe City Clerk.
12. SRFAMF agrees to indemnify, defend and hold CITY harmless from any and all claims ofnature
brought by SRFANIF's members or agents in the course of performing CITY's obligations under
this Agreement, or from any claims by an persons arising from, or damages incurred by the
CITY from, the actions of SRFADIF's 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.
13. CITY agrees to indemnify, defend and hold SRFAMF harmless from any and all negligence
claims of any nature brought by the CITY's employees or agents in the course of performing
CITY's obligations under this Agreement, or firm any claims by any persons arising from the
wrongful acts 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 right of subrogation or any
other third -party right.
14. The sponsorship and organizational duties under this Agreement shall not be assignable without the
formal written consent ofthe City Council.
AGREED to on the date first set forth above.
CITY OF SEBASTIAN
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CityManager _
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SEBASTIAN RIVERFRON FINE ARTS AND
MUSIC F T V C.
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Approved as to Form and Legality for
Reliance b e City of Sebastian Only:
Jam Stoke�ttorney