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HomeMy WebLinkAbout2009 12 14 Regular 600 Hosting of Mardi Gras Parade And Authorization To Execute Agreement COMMISSION AGENDA Consent Informational ITEM 600 Public Hearing Regular X December 14, 2009 C Regular Meeting M r. Dept. Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to decide if it wishes the City to host a Mardi Gras Parade and Festival and if so to authorize the City Manager to execute the Agreement between the City of Winter Springs and the Krewe of Leaders for the 2010 Mardi Gras Parade and Festival. PURPOSE: The purpose of this item is to decide if the City wishes to host a Mardi Gras Parade and Festival and if so approve the execution of the Agreement for the 2010 Mardi Gras Parade and Festival on Tuscawilla Road in the Winter Springs Town Center on February 27, 2010 from 5:00 pm to 9:30 pm. CONSIDERATIONS: Last year's Mardi Gras Parade and Festival was a successful event. This year the Mardi Gras Parade and Festival is being coordinated by The Krewe of Leaders, Inc. a community social club organization made up of leaders from Winter Springs, Oviedo and the Universtiy of Central Florida, whose purpose is to promote and honor volunteerism in the community they serve. The Krewe of Leaders, Inc. will provide educational scholarships within the community to those students who do not qualify because of not meeting family income, or academic and volunteer criteria. Mary Alice Wilder, during public comment, addressed the City Commission at the November 23, 2009 meeting. City staff has met with Krewe of Leaders representative to clearly address Krewe and City responsibilities. Krewe of Leaders Expenses: o Unless otherwise provided in this Agreement, Permittee shall be responsible for the following duties and shall pay all costs and expenses necessary for the Permittee to satisfy its obligations under this Agreement including, but not limited to, (1) overtime for City police services estimated to be $2,400; (2) County Fire and First Aid Services estimated to be $720; (3) City public works services (overtime) estimated to be $1,000; (4) Agenda Item Regular 600 December 14, 2009 Page 2 City parks and recreation services (overtime) estimated to be $1,300; (5) general supervision of the area related to pedestrian and vehicular traffic; (6) actual cost to repair any damage to Blumberg Boulevard, Tuskawilla Road and adjacent areas incurred as a direct result of the Special Event; (7) all advertising, directional, informational and like signage for the Special Event; (8) parking coordination for parade, vendors, and public; (9) stage, sound system, lighting, and entertainment; (10) all food and beverages; (11) all generators needed for the event; (12) portable restroom facility (cleaning and stocking); (13) clean up during and at the conclusion of the Special Event. Payment for any expenses owed to the City under this provision shall be made no later than ten (10) days following the City's submission of such expenses to Permittee. The Krewe of Leaders will promote the City of Winter Springs, Town Center and Blumberg Blvd. This event is expected to attract 3,000 5,000 people. FUNDING: City Expenses: City shall be responsible for the following duties and services for the Special Event: (1) promoting the Special Event through City website; (2) displaying Permittee's Special Event promotional brochures in City locations mutually agreeable to both parties; (3) providing use of electric and potable water as available on North Tuskawilla Road and Blumberg Boulevard; (4) spraying a barrier spray and mosquito spray, if needed at the sole discretion of the City; (5) road closure and re- opening of North Tuskawilla Road and Blumberg Boulevard with cones and signage; (6) trash containers and liners; (7) providing two (2) sets of portable bleachers, 50 chairs and six (6) tables for use during the Special Event. RECOMMENDATIONS: Parks and Recreation is recommending the City Commission to decide if they wish the City to host a Mardi Gras Parade and Festival and if so authorize the City Manager to execute the Agreement between the City of Winter Springs and the Krewe of Leaders for the 2010 Mardi Gras Parade and Festival. ATTACHMENTS: Attachment #1 City of Winter Springs, Florida, 2010 Mardi Gras Parade and Festival Permit Agreement COMMISSION ACTION: ATTACHMENT #1 CITY OF WINTER SPRINGS, FLORIDA 2010 MARDI GRAS PARADE AND FESTIVAL PERMIT AGREEMENT THIS PERMIT AGREEMENT "Agreement is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation "City and 'CREWE OF LEADERS INC., a Florida Non Profit Corporation "Permittee WITNESSETH: WHEREAS, Permittee desires to hold a Special Event for the benefit of the public through the production of a Mardi Gras Parade and Festival on February 27, 2010 on the eastern end of Blumberg Boulevard, North Tuskawilla Road and adjacent areas, located in and owned by the City of Winter Springs, Florida; and WHEREAS, Permittee desires a permit from the City which would authorize the Permittee to hold the 2010 Mardi Gras Parade and Festival on the eastern end of Blumberg Boulevard, North Tuskawilla Road and adjacent areas, as permitted under this Agreement; and WHEREAS, Permittee represents and warrants that it has the personnel, tools, materials, and experience to satisfy the permit requirements set forth hereunder and to provide the Special Event as provided herein. NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the parties acknowledge has been received, the parties agree as follows: 1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. 2.0 General Provisions: 2.1 Definitions. a) "Advertise" shall mean the act of publicly announcing or calling attention to the Special Event and includes, but shall not be limited to, the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by billboard, poster, radio, television, or newspapers. b) "Agreement" or "Contract" shall mean this 2010 Mardi Gras Parade and Festival Permit Agreement and all exhibits and addendums thereto between the City and Permittee regarding the Special Event permitted herein. c) "Blumberg Boulevard" shall mean the public right -of -way and park owned and maintained by the City, generally located within the City of Winter Springs Town Center adjacent to Tuscawilla Road. Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 1 of 9 d) "City" shall mean the City of Winter Springs, a Florida municipal corporation and its employees, agents and contractors. e) "City Manager" shall mean the City Manager of Winter Springs, Florida or his designee. f) "Permittee" shall mean the KREWE OF LEADERS INC., a Florida non profit Corporation and its officers, employees, agents, and its contractors. g) "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not be effective against any party until said date. h) "Public Records" is as described in Section 119.011(12), Florida Statutes, as may be amended. i) "Special Event" shall mean the outdoor 2010 Mardi Gras Parade and Festival to be held on the eastern end of Blumberg Boulevard, North Tuskawilla Road and adjacent areas on February 27, 2010 between 5:00 PM and 9:30 PM and further described in this Agreement. The Special Event shall be planned, promoted, managed, and operated by the Permittee pursuant to this Agreement. 2.2 Permit. The City hereby permits the Permittee and the Permittee agrees to provide the Special Event outlined in this Agreement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 3.0 Scope of Special Event. Permittee agrees to provide the following Special Event under the following special operating conditions: 3.1 Special Event. Permittee shall Advertise, produce, plan, promote, manage and operate the Special Event in cooperation with the City. In furtherance thereof, Permittee agrees to keep the City Manager fully informed of its plan to promote, manage, and operate the Special Event so that City can reasonably satisfy its obligations under this Agreement and reasonably address issues of public health, safety, and welfare related to the Special Event. 3.2 Food and Beverage. Permittee agrees to provide all food and beverage concessions for the Special Event. Permittee shall retain all fees and commissions from the concessions provided by Permittee. Alcoholic beverages shall be limited to beer and wine. Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 2 of 9 3.3 Sponsorship; Event Fees. Unless otherwise provided in this Agreement, Permittee shall retain the sole right to all sponsorships and paid fees for the Special Event. 3.4 Staging; Other Production Materials. Permittee shall provide all staging and production materials necessary to produce a high quality Special Event including, but not limited to, professional audio system, staging and stage lighting, golf carts, radios, tents, port -a -lets, security, event staff, and catering for staff. 3.5 Professional Entertainment. Permittee shall provide professional entertainment during the Special Event as deemed appropriate to a traditional Mardi Gras event. 3.6 City Special Event Policy. Permittee agrees to comply with the City's written Special Event policies, if any, deemed applicable to the Special Event by the City Manager. 3.7 Permits. Permittee shall obtain all local, state, and federal permits necessary to hold the Special Event and conduct any particular activities therein. City shall waive all City permit fees for the Special Event in consideration of the compensation required to be paid City under this Agreement. 3.8 City Tent. Permittee shall ensure that there is adequate space reserved during the Special Event for the City to set up a tent for exclusive use by the City, including members of the City staff and /or City Commission. This City shall be responsible for providing its own tent and another other necessary equipment and supplies related to the operation of its tent. 3.9 Use of Blumberg Property. Permittee intends to utilize certain private property generally located on the northwest corner of Blumberg Boulevard and Tuskawilla Road "Blumberg Property for the staging of bleachers and craft vendors as part of the Special Event. Permittee understands and agrees that it shall be solely responsible for securing the property owner's consent for said use of the Blumberg Property. 3.10 Use of Blumberg Boulevard. Permittee is authorized to use the eastern -most part of Blumberg Boulevard to stage craft and food vendors for the Special Event. The location of the craft and food vendors shall be pre- approved by the City. 3.11 Parade Route. The parade shall line up on High School Road and shall proceed generally along Blumberg Boulevard toward North Tuskawilla Road to Tree Swallow Road. Permittee shall submit a sketch depicting the exact parade route to the City at least 30 days prior to the Special Event and Permitee shall be required to modify said route at the direction of the City if such modification is necessary, at the sole discretion of the City, in furtherance of the protection of the health, safety and welfare of the Special Event attendees and the citizens of the City of Winter Springs. Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 3 of 9 4.0 Duties Expenses. Each party hereto shall be responsible for performing the following duties and for the following expenses: 4.1 Permittee Duties and Expenses. Unless otherwise provided in this Agreement, Permittee shall be responsible for the following duties and shall pay all costs and expenses necessary for the Permittee to satisfy its obligations under this Agreement including, but not limited to, (1) overtime for City police services estimated to be $2,400; (2) County Fire and First Aid Services estimated to be $720; (3) City public works services (overtime) estimated to be $1,000; (4) City parks and recreation services (overtime) estimated to be $1,300; (5) general supervision of the area related to pedestrian and vehicular traffic; (6) actual cost to repair any damage to Blumberg Boulevard, Tuskawilla Road and adjacent areas incurred as a direct result of the Special Event; (7) all advertising, directional, informational and like signage for the Special Event; (8) parking coordination for parade, vendors, and public; (9) stage, sound system, lighting, and entertainment; (10) all food and beverages; (11) all generators needed for the event; (12) portable restroom facility (cleaning and stocking); (13) clean up during and at the conclusion of the Special Event. Payment for any expenses owed to the City under this provision shall be made no later than ten (10) days following the City's submission of such expenses to Permittee. 4.2 City Duties and Expenses. City shall be responsible for the following duties and services for the Special Event: (1) promoting the Special Event through City website; (2) displaying Permittee's Special Event promotional brochures in City locations mutually agreeable to both parties; (3) providing use of electric and potable water as available on North Tuskawilla Road and Blumberg Boulevard; (4) spraying a barrier spray and mosquito spray, if needed at the sole discretion of the City; (5) road closure and re- opening of North Tuskawilla Road and Blumberg Boulevard with cones and signage; (6) trash containers and liners; (7) providing two (2) sets of portable bleachers, 50 chairs and six (6) tables for use during the Special Event. 5.0 Due Diligence. Permittee acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Special Event desired hereunder, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, professional entertainment and the steps necessary to complete the Special Event within the time set forth herein. The Permittee warrants unto the City that it has the competence and abilities to carefully, professionally, and faithfully complete the Special Event in the manner and within the time limits proscribed herein. The Permittee will perform the Special Event with due and reasonable diligence consistent with sound professional and labor practices and with due and reasonable consideration to the public health, safety, and welfare. 6.0 General Miscellaneous Provisions. The following general miscellaneous provisions shall apply to this Agreement: Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 4 of 9 6.1 Time of the Essence. The City's responsibility to make Blumberg Boulevard, North Tuskawilla Road and adjacent areas available to Permittee is limited to the time periods set forth hereunder. As such, the Permittee acknowledges and agrees that time is of the essence for the completion of the Special Event to be performed under this Agreement. 6.2 Non Business Day. In the event that any period of time as set forth in this Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other non business day, then such date shall automatically extend to 5:00 p.m. on the next subsequent business day, excluding the day the Special Event will be held pursuant to this Agreement. 6.3 No Assignment. This Agreement shall not be assigned or transferred unless prior written consent is granted by the City Commission of Winter Springs. 6.4 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perform any further act(s), execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 6.5 Legal Representation. The parties acknowledge that Anthony A. Garganese, Esquire, and Brown, Garganese, Weiss and D'Agresta, P.A., and other attorneys therein, have acted as counsel for the City in connection with this Agreement and the transactions contemplated herein, and have not given legal advice to any party hereto other than the City. 6.6 Severability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 6.7 Governing Law and Venue. This Agreement shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties agree that the Agreement was consummated in Seminole County, and the site of the Special Event is Seminole County. If any dispute concerning this Agreement arises under Federal law, the venue will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived. 6.8 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with the parties hereto, the prevailing party in such litigation or controversy shall, to the extent permitted by law, be entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post judgment collection proceedings. Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 5 of 9 6.9 Non Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other rights, unless otherwise expressly provided herein. 6.10 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepared, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other addresses, of which any party hereto shall have given written notice as provided herein): TO THE CITY: Mr. Kevin L. Smith, City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 -2799 (407) 327 -5957 (Phone) (407) 327 -6686 (Fax) WITH A COPY TO: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 -2873 (407) 327 -9566 (Phone) (407) 425 -9596 (Fax) TO PERMITTEE: Mrs. Mary Alice Wilder Krewe of Leaders Inc. 710 Boysenberry Court Winter Springs, FL 32708 (407) 484 -5461 (Phone) Email: info( kreweofleaders.com 6.11 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be original; but such counterparts shall together constitute but one and the same instrument. 6.12 Public Record. It is hereby specifically agreed that any record, document, computerized information or programs, audio or video tape, photograph, or other writing of the Contractor related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Contractor. Said record, document, computerized information and program, audio or videotape, photograph, or other writing of the Contractor is subject to the provision of Chapter 119, Florida Statutes, and may not be destroyed without the Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 6 of 9 specific written approval of the City. Upon request by the City, the Contractor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal pool servicing hours of the Contractor be open and freely exhibited to the City for the purpose of examination and /or audit. 6.13 Interpretation. Both the City and the Permittee have participated in the drafting of all parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6.14 No Joint Venture. This Agreement shall not in any way be deemed to create a joint venture or principal -agent relationship between Permittee and the City. 6.15 No City Representations and Warranties; Success of Special Event. Permittee agrees and acknowledges that the City has made no representations and warranties regarding the Special Event. Permittee has assumed full responsibility for furnishing, performing, and completing the Special Event and that Permittee agrees and acknowledges the City has in no way guaranteed that the Special Event will be successful and profitable by any person's standard and belief of success and profit. 7.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 8.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 9.0 General Liability Insurance. For all activities and services permitted and which occur under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee shall purchase and maintain, at its own expense, such general liability insurance, food and liquor liability insurance and automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the activities and services permitted and occurring under this Agreement, including Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 7 of 9 any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injury liability, property damage liability, and food and liquor liability. This shall include, but not be limited to, automobile liability of owned vehicles, hired and non -owned vehicles, and employee non ownership. All insurance coverage shall be provided by insurer(s) approved by the City Manager and licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Permittee shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. The Permittee shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If this City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Permittee in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Permittee in writing thereof within thirty (30) days of the date of deliver of such certificates and endorsements to the City. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee shall continuously maintain such insurance in the amount, type, and quality as required by this paragraph. 10.0 Indemnification and Hold Harmless. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly arises out of, or results from any act or failure to act of Permittee or any person authorized by Permittee to participate in the Special Event which in any way is related to Permittee's obligations under this Agreement, and /or the services and activities provided and performed under this Agreement. The indemnification provided above shall obligate the Permittee to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims and liability and all suits and actions of every name and description that may be brought against the City or its employees, officers, and attorneys which may arise or result from this Agreement. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This section shall survive termination of this Agreement. Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 8 of 9 11.0 Standard of Care. In performing its activities and services hereunder, the Permittee will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. Permittee shall protect the public and property from any safety hazards directly or indirectly resulting from the Special Event and authorized participants thereto. 12.0 Termination. By written notice to Permittee, the City shall have the right to cancel the Special Event and this Agreement at any time, without penalty, provided if the Special Event is cancelled through no fault of the Permittee, the City shall refund any fees paid under this Agreement. 13.0 Term. The term of this Agreement shall commence on the Effective Date and shall terminate at such time Permittee has fully performed all the services required by this Agreement to the complete satisfaction of the City. 14.0 Permittee's Signatory. The undersigned person executing this Agreement on behalf of Permittee hereby represents and warrants that he has the full authority to sign said Agreement for Permittee and to fully bind Permittee to the terms and conditions set forth in this Agreement. 15.0 Reporting Requirement. No later than sixty (60) days after the Special Event, Permittee agrees to make a presentation to the City Commission recapping the successes and challenges experienced during the Special Event. During the City Commission meeting, the Permittee will also present a written profit and loss statement for the Special Event which details the revenues received and expenses incurred by the Permittee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY: PERMITTEE: CITY OF WINTER SPRINGS, KREWE OF LEADERS INC., a Florida municipal corporation. a Florida Non Profit Corporation. By: By: Kevin L. Smith, City Manager Mary Alice Wilder, President Date: Date: Permit Agreement City of Winter Springs Krewe of Leaders Inc. Page 9 of 9 Date: December 14, 2009 This document was distributed to the City Commission at the December 14, 2009 City Commission Regular Meeting during Regular Agenda Item "600 ". b 4 1<li•CV\IC of Lc-Icicie"5, I n c . ) rese hts the 2 r d h n u, I .. . ,, ... , . ...... 1 Citl • Fest ar i ras es iva ....,,,,„ c. ., , ,,. fi w �b T ,.a ' v . Y • •t; � - February 20 Children's Parade �'- � '� at Oviedo Marketplace `.` "' ebr uarl� 27 Night Parade at the + - ; " ;, . ` * ' ` ' ` ti 4 Winter Springs Town n Center ./ :A 't y . . � „ i F, " clir 4 . n s. t 7 r i i f,. 4. , ' . ____„- _ (.A44Ik ., If i it 8 4 L iv www.kreweofleaders.co