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Home My WebLink About2024 - 2028 AgreementJOINT SPECIAL EVENT AGREEMENT THIS AGREEMENT entered in this eday of, May, 2024 between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the Sebastian Riverfront Fine Arts and Music Festival, Inc., a Florida not for profit corporation, (hereinafter called "SRFAMF".) WHEREAS, the CITY hosts public festivals in the Riverview Park complex in the winter, spring, and summer of each year; and WHEREAS, CITY founded a Fine Arts and Musical Festival featuring a juried art show and musical entertainment along the Riverfront during the winter season; and WHEREAS, SRFAMF has organized the event since 2007, and CITY desires for SRFAMF to continue to do so; and WHEREAS, the CITY and SRFAMF desire that said celebration feature the 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 hereby agreed: 1. The CITY agrees to sponsor the Sebastian Riverfront Fine Arts and Music Festival for the years 2025 through 2028 as set forth herein. 2. This Agreement shall terminate on April 1, 2028. 3. The SRFAMF, with minimal assistance of the City, shall organize and administer all activities and events for said special event, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, City of Sebastian Fire Marshall, Indian River County Fire Rescue and Indian River County Health Department. 4. The Event shall entail, at a minimum: a juried art show, live musical entertainment, a designated area with food and non-alcoholic beverages, and beer and/or wine sales in accordance with Florida Statute §561.422. 5. The event operational plan must be approved by the City Council if the SRFAMF makes any substantial changes to the event or site plan. Planning/organizational meetings shall take place each year with staff designated by the City Manager. 6. The event shall take place over a two day period occurring on a date mutually agreeable to both parties, targeted annually for a weekend in January. 7. CITY shall further provide the City Manager with authority to open and close affected streets and rights -of -way in the vicinity of Riverview Park to potentially include: Indian River Drive, 1 Sebastian Blvd, Harrison Street and the Yacht Club boat ramp during the course of the two day Festival and one additional setup day at his sole discretion. 8. Except as specifically set forth herein, the SRFAMF shall have all financial responsibility for funding the festival. It is recognized that the festival is intended to be a fundraiser for local charitable and public purpose projects and that the SRFAMF may be compensated by vendors and others for use of the rights -of -way and park areas subject to this Agreement in order to fundraise for these purposes. So long as SRFAMF maintains its not for profit status, the SRFAMF shall control disbursement of all proceeds of the Festival in accordance with the requirements of Florida law and the rules of the Festival. 9. Within 60 days after conclusion of the event, SRFAMF shall provide a final accounting to City in accordance with generally accepted practices. City shall reimburse SRFAMF up to $5,000 towards the costs of entertainment, administrative and miscellaneous expenses. Any amount over $5,000 shall be the financial obligation of the SRFAMF. 10. SRFAMF shall have the usage of the CITY's portable band shell during Festival as long as it is available and in working condition as determined by City. CITY shall also provide the usage of two golf carts for the SRFAMF's usage during the event for waste removal and cleanup. 11. The CITY shall assign law enforcement personnel as deemed necessary by the Chief of Police, throughout the event, including at a minimum one officer (either a sworn officer or a member of the department's volunteer unit) who shall be specifically assigned to duty at the Riverview Park complex for security overnight on Friday and Saturday nights of the event. 12. CITY shall provide minimal personnel to handle road closures and event troubleshooting duties to include at least one CITY employee on -site during the duration of the event. SRFAMF will be responsible for all disposal of waste during and after event in dumpsters as provided by CITY in close proximity to the park. 13. CITY shall provide all electric and water utilities as needed by the Festival. CITY will provide additional portable restroom facilities deemed necessary for the event. 14. CITY shall publicize the event through its newsletter, governmental access channel, public signage, website and all other available CITY information outlets. 15. 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. 16. SRFAMF agrees to indemnify, defend and hold CITY harmless from any and all claims of any nature, personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by SRFAMF, its agents, employees, patrons and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to 768.28, et seq., Florida Statues, or any other sovereign or governmental immunity. 2 AGREED to on the date first set forth above. ATTEST: ette Ql2C�/c.CX,�-6!rnq ( nette Williams, MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: e ' er CockcroK Attorney CITY OF SEBASTIAN A Municipal Co rporation L Brian Benton City Manager SEBASTIAN RIVERFRONT FINE ARTS AND MUSIC CFFESTIV , INC. rtesident j Print Name:o�e✓t. %v�tisr N SEBASTIAN CENTENNIAL AION M11-101/ CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: May 22, 2024 Aeenda Item Title: Approval of the joint special event agreement with the Sebastian Riverfront Fine Arts and Music Festival, Inc. (SRFAMF) and authorize the City Manager to execute the appropriate documents. Recommendation: Staff recommends that City Council approve the joint special event agreement with the Sebastian Riverfront Fine Arts and Music Festival, Inc. for the operation of a Fine Arts and Music Festival held at Riverview Park annually in January. Backeround: The previous agreement between the City of Sebastian and the Sebastian Riverfront Fine Arts and Music Festival, Inc. to operate the annual Fine Arts and Music Festival expires on December 31, 2024. So that the event organizers can begin planning for the 2025 event staff felt that we should go ahead and enter into a new agreement. Presented to you is the new joint special event agreement for this event during the years 2025 thru 2028 and expiring on April 1st, 2028. The new expiration date will be similar to other recent agreements for Riverview Park Special Events so that in the future they can all be negotiated and brought to Council at the same time for consistent review. This agreement outlines the duties/responsibilities of the City and SRFAMF, Inc. for the annual event. The City recognizes the important role that partnerships for events such as this have on our local economy and the benefit for our residents and local organizations. If Aeenda Item Requires Expenditure of Funds: Budgeted Amount: $5,000 annually Total Cost: $5,000 annual for advertising reimbursements, plus City staff expenses Funds to Be Utilized for Appropriation: General Fund Attachments: Fine Arts and Music Festival Agreement Administrative Services Department Review: City Attorney Review Procurement Division Review, if applicable: City Manager Authorization: Date: S/I f/d04 y