HomeMy WebLinkAbout20122012 JOINT PROJECT AGREEMENT FOR
FINE ARTS AND MUSIC FESTIVAL
THIS AGREEMENT entered into this �%� of , 2012 between the
CITY OF SEBASTIAN, a Florida municipal corporation (h reinafter called "CITY"), and the
SEBASTIAN RIVERFRONT FINE ARTS AND MUSIC FESTIVAL, INC., 1125 US Highway 1,
Suite B, Sebastian, FL 32958 (hereinafter called "SRFAMF"), provides that:
WHEREAS, CITY founded a Fine Arts and Music Festivai featuring a juried art show and
musical entertainment along the Riverfront during the winter season; and
WHEREAS, SRFAMF has organized the event successfully since 2007, and CITY
desires for SRFAMF to continue to do so; and
WHEREAS, the parties hereby set forth the obligations and privileges invo�ved 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
on an annual basis in the month of January through the year 2018. 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 SRFAMF and the CITY
to be feasible. Indian River Drive, in the vicinity of the Park, and the Yacht Club Boat
Ramp shall be closed 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.
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 conscious fashion. Additionally, CITY shall
provide all electric power required for the Event.
7. CITY shall provide three (3) half-page ads in news papers 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 Indian 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 file a financiai statement prepared and
certified by a Certified Public Accountant (CPA) with the office of the City Clerk.
11. SRFAMF agrees to indemnify, defend and hold CITY harmless from any and all claims of
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 SRFAMS'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.
ATTEST:
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Sally A. Ma' , MMC
City Cler
SEBASTIAN RIVERFRONT FINE ARTS AND
MUSICAL FESTNAL, INC.
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By:
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Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
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Robert A. Ginsburg
City Attorney