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A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A JOINT PROJECT AGREEMENT
BETWEEN THE CITY OF SEBASTIAN AND LIONS CLUB OF
SEBASTIAN, INC. IN REGARD TO THE 4TM OF JULY CELEBRATION;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Lions Club has been a long -time sponsor of the City of Sebastian
4 of July Celebration; and
WHEREAS, the Lions Club has requested a new five year 4 of July Celebration Agreement to be
conducted in and around the Riverview Park.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as
Section 1. AUTHORIZATION. The City Council hereby approves the Joint Project Agreement
between the City of Sebastian and Lions Club of Sebastian as attached hereto as Exhibit "A
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
ATTEST:
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Council member Coy The
motion was seconded by Council member Gillmor and, upon being put into a vote, the vote was as
follows:
Mayor Jim Hill aye
Vice Mayor Don Wright aye
Council Member Andrea Coy aye
Council Member Richard H. Gillmor aye
Council Member Eugene Wolff aye
The Mayor thereupon declared this Resolution duly passed and adopted this 12
day of January, 2011.
By:
Sally A. Maio, M C
City Clerk
RESOLUTION NO. R -11 -01
CITY OF SEBASTIAN, FLORIDA
By:
Ji
Ma •r
Approved As to Form And Legality For
Reliance by the City Of Sebastian Only:
1# ,i----,-
Robert A. Ginsburg, City Attorney
Exhibit "A"
JOINT PROJECT AGREEMENT
This AGREEMENT entered into this 12 day of January 2011 between the CITY OF
SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY and the LIONS CLUB
OF SEBASTIAN, Inc. (hereinafter called "LIONS provides that:
WHEREAS, CITY has traditionally hosted a Fourth of July Festivity Celebration with a parade,
concessions and fireworks along the City's Riverfront; and,
WHEREAS, LIONS and CITY desire that LIONS maintain the status of sponsor and organizer of
the Celebration, and the parties hereby set forth the obligations and privileges of continuing 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 parties, it is agreed:
1. The parties shall cooperate in organizing and conducting the traditional Fourth of July
Festivity Celebration for the years 2011 through 2015 as set forth herein.
2. LIONS, with the aid and assistance of necessary City personnel, shall organize and
administrate all activities and events for said Celebration, with the exception of the VIP
breakfast, 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 Celebration events shall entail, at a minimum, a parade, fireworks, display, live
musical entertainment, a festival in the Riverview Park, and beer and /or wine sales in
accordance with an operational plan approved by the City Manager, with such additional
events as is determined by the CITY to be feasible. Indian River Drive shall be closed in
the vicinity of the Park at such times and locations as determined at the reasonable
discretion of the City Manager.
4. City shall further provide the City Manager with authority to open and close effected
streets and rights -of -ways during the course of festivities at his sole discretion.
5. CITY shall advance $5,000 to LIONS towards costs of entertainment, administrative and
miscellaneous expenses.
6. Within sixty (60) days after conclusion of the Celebration, LIONS shall provide a final
accounting in accordance with generally accepted practices, and return any funds
remaining from the advance amount.
7. LIONS shall have the right to rent concession booths in Riverview Park and, if needed
the closed portion of Indian River Drive right -of -way as part of the Celebration festival,
and shall be entitled to all proceeds from said concession activities.
8. CITY shall contract directly for the fireworks display, shall organize fund raising and
otherwise have full financial responsibility for funding the Celebration events.
9. LIONS agrees to indemnify, defend and hold CITY harmless from any and all claims of
any nature brought by LIONS' members or agents in the course of performing LIONS'
obligations under this Agreement, or from any claims by any persons arising from or
damages incurred by the CITY from the actions of LIONS' members or agents
whatsoever arising from the exercise of the privileges and obligations set forth hereunder.
AGREED to on the date first set forth above.
Sally A. Maio, MMC
City Clerk
Robert A. Ginsburg
City Attorney
Exhibit "A"
10. CITY agrees to indemnify, defend and hold LIONS harmless from any and all 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 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.
ATTEST: CITY OF SEBASTIAN
A Municipal Corporation
APPROVED AS TO FORM AND CORRECTNESS
Jim Hill
Mayor
Witness By: President
LIONS CLUB OF SEBASTIAN, INC.
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