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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: ���{ n -.a, 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