HomeMy WebLinkAbout2018 AgreementJOINT PROJECT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE
THIS AGREEMENT entered into this 25s' day of April, 2018 between the CITY OF
SEBASTIAN, a Florida municipal corporation (hereinafter "CITY") and the SEBASTIAN
RIVER AREA CHAMBER OF COMMERCE, 700 Main Street, Sebastian, FL 32958
(hereinafter "CHAMBER"), provides that:
WHEREAS, CITY sponsors a series of Concerts in the Park featuring musical
entertainment at Riverview Park during the first four months of the calendar year; and
WHEREAS, CHAMBER has organized the event successfully since its inception in
2000, and CITY desires for CHAMBER 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 parties, it is
agreed:
The parties shall cooperate in organizing and conducting the series of Concerts in the
Park on an annual basis during the first four months of each calendar year through the
year 2023. The specific dates of the series of concerts shall be coordinated between
CHAMBER and the City Manager. This agreement is in effect from 25 April 2018
through 31 December 2023.
2. CHAMBER, with the aid and assistance of necessary City personnel, shall organize and
administrate all activities and events for said series of concerts 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 series of concerts shall entail live musical entertainment performed by a band
selected by CHAMBER, a food and drink court provided by food and refreshment
vendors, not to exceed five (5) vendors. Concerts shall occur biweekly over a four month
period in Riverview Park, with such additional events as is determined by CHAMBER
and the CITY.
4. CHAMBER 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 on an on -call basis as deemed advisable
by the Chief of Police.
6. CITY shall provide public facilities personnel to assist in event set-up, including band
shell delivery and arrangement, designation of band parking, provision of sufficient waste
receptacles, and designation of loading and unloading zone. 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 series of
concerts.
7. Upon CHAMBER submitting entertainment receipts, CITY will reimburse CHAMBER
up to five hundred dollars ($500) per concert.
8. CHAMBER shall organize fund-raising and have full financial responsibility for funding
the Event.
9. CHAMBER agrees to indemnify, defend and hold CITY harmless from any and all
claims of ANY nature brought by CHAMBER'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 CHAMBER'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.
10. CITY agrees to indemnify, defend and hold CHAMBER harmless from any and all
negligence claims of ANY nature brought by the negligence of the CITY, its employees
or agents acting in the course of performing their official duties, and only to the extent
authorized by law. Nothing in this Agreement waives the CITY's sovereign immunity as
set forth in Section 768.28, Florida Statutes, or other immunities provided by law. It is
not intended for this provision to create any right of subrogation or any other third -party
right.
11. 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 SEBAS IAN
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Joseph ffi
City Manager
ATTEST:
J anette illiams,MMC
City Clerk'
SEBASTIAN RIVER AREA CHAMBER OF
COMME CE
By:�
Title: .�C
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
James D. Si6kes, City Attorney