HomeMy WebLinkAbout20082008 JOINT PROJECT AGREEMENT FOR
FINE ARTS AND MUSIC FESTIVAL
THIS AGREEMENT entered into this� day of April, 2008 between the CITY OF
SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the
SEBASTIAN RIVERFRONT FINE ARTS AND MUSIC FESTIVAL, INC., 1125 US Highway
1, Suite B, Sebastian, FL 32958 (hereinafter called "SRFANIF"), 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 organized the 2007 Event, and CITY desires for SRFAMF to
continue to do so; and
WHEREAS, the parties hereby set forth the obligations and privileges of 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 parties, it is
agreed:
1. The parties shall cooperate in organizing and conducting the Fine Art and Music Festival
during the winter season for the next five years beginning with the winter of 2008/2009
and continuing through winter 2012/2013. The specific dates of the festival shall be
coordinated between SRFAMF and the City Manager.
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, a juried art 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 the SRFAMF in
consultation with 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, following notification to businesses within 500 feet of a closed segment.
4. SRFAMF shall meet with representatives of the office of the City Manager during the
City budget preparation cycle and assist in establishing a budget for the obligations of the
City under the terms of this agreement.
5. CITY shall provide law enforcement personnel as deemed advisable by the Chief of
Police throughout the Event including, at a minimum, an officer 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 recommended fashion. Additionally, CITY shall
provide all electric power required for the Event.
7. CITY shall provide three half-page ads in newspapers published in Indian River County
as designated by SRFAMF, and advertising in the TGIF section of Florida Today.
8. SRFAMF shall have the right to rent concession booths in Riverview Park and the closed
portion of the lndian River Drive right-of-way as part of the Festival, and shall be entitled
to all proceeds from said concession activities.
9. SRFAMF shall organize fund-raising and otherwise have full financial responsibility for
funding the Event.
10. At the end of each calendar year, SRFAMF shall fle a financial statement prepared and
certified by a CPA with the office of the City Clerk.
11. SRFAMF agrees to indemnify, defend and hold CITY harmless from any and all claims
of any nature brought by SRFAMF 's members or agents in the course of performing
CITY 's obligations under this Agreement, or from any claims by any persons arising
from, or damages incurred by the CITY from, the actions of SRFAMF '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.
12. CITY agrees to indemnify, defend and hold SRFAMF harmless from 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 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 rights.
13. The sponsorship and organizational duties under this agreement shall not be assignable
without the formal written consent of the City Council.
AGREED to on the date first set forth above.
CITY OF SEBASTIAN
ATTEST:
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fvr Sally �i. Maio, MMC
C;ity Clerk
� Seal)
SEBASTIAN RIVERFRONT FINE
ARTS AND MUSIC FESTIVAL, INC.
.
By:
Its:
Approved as to form and legality for
reliance by the City of Sebastian only:
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Rich Stringer, City ttor ey