HomeMy WebLinkAbout2016 09 12 Consent 306 ArtOBERFest AgreementCOMMISSION AGENDA
ITEM 306
Informational
Consent
X
Public Hearings
Regular
September 12, 2016 KS CC
Regular Meeting City Manager Department
REQUEST:
The Parks and Recreation Department is requesting the City Commission authorize the City
Manager to execute the attached agreement, as prepared by the City Attorney, between the
City of Winter Springs and the Oviedo - Winter Springs Chamber of Commerce for the 9th
Annual Winter Springs Festival of the Arts.
SYNOPSIS:
The 9th Annual Winter Springs Festival of the Arts, to be held on Blumberg Blvd. on
October 15 -16, 2016, is an annual community event organized through a partnership with
the City of Winter Springs and the Oviedo - Winter Springs Chamber of Commerce. Artists
from all over Florida, as well as out of state artists come with unique art for a weekend in
Winter Springs.
CONSIDERATIONS:
• The WS Festival of the Arts celebrates the appreciation of art, attracting residents and
visitors to our Town Center. Fine art presentations will include sculpture and clay,
drawing, graphics, pastels, crafts, jewelry, mixed media, painting, photography, and
digital media as well as performing arts. There is also a children's art activity area
and senior art exhibits.
• City staff has met regularly with the Chamber festival committee to clearly define the
roles & responsibilities of each group assisting with the planning and organization of
this event.
• Chamber responsibilities and expenses are clearly defined in the attached proposed
Agreement and have been discussed and agreed upon between the City and President
Consent 306 PAGE 1 OF 2 - September 12, 2016
of the Chamber and Chairman of the Festival.
The ARToberFEST will promote the German food, entertainment & beverages the
same as last year's event.
FISCAL IMPACT:
City Parks and Recreation and Public Works services estimated at $1,600. City Public
Safety Services not to exceed $5,500. Blumberg Blvd. rental revenue received by the City
is $800 per the agreement.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission authorize the City Manager to execute the attached
agreement, as prepared by the City Attorney, between the City of Winter Springs and the
Oviedo - Winter Springs Chamber of Commerce for the 9th Annual Winter Springs Festival
of the Arts.
ATTACHMENTS:
A. Agreement
Consent 306 PAGE 2 OF 2 - September 12, 2016
CITY OF WINTER SPRINGS, FLORIDA
9th ANNUAL WINTER SPRINGS FESTIVAL OF THE ARTS
PERMIT AGREEMENT
THIS PERMIT AGREEMENT ( "Agreement ") is made and entered into as of the
day of , 2016 by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation ( "City "), and THE OVIEDO -WINTER SPRINGS REGIONAL
CHAMBER OF COMMERCE, INC. a Florida nonprofit corporation ( "Permittee ").
WITNESSETH:
WHEREAS, Permittee desires to hold a Special Event for the benefit of the public in the
interest of increasing public awareness of fine art, wine and jazz through the production of the
annual Winter Springs Festival of the Arts on October 15 and 16, 2016 on Blumberg Boulevard
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 9th Annual Winter Springs Festival of the Arts at Blumberg Boulevard and
adjacent areas as permitted under the terms of 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 could include, but not 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 Agreement and all exhibits and
addendums thereto between the City and Permittee regarding the Special
Event permitted herein.
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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.
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 the Winter Springs, Florida or
his designee.
f) "Permittee" shall mean THE OVIEDO- WINTER SPRINGS REGIONAL
CHAMBER OF COMMERCE, INC., a Florida nonprofit 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 defined in Chapter 119, Florida Statutes.
i) "Special Event' shall mean the outdoor Winter Springs Festival of the Arts to
be held along Blumberg Boulevard on October 15 and 16, 2016, and further
described in this permit Agreement. The Special Event shall be planned,
promoted, managed, and operated by the Permittee pursuant to the terms of
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
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from the concessions provided by Permittee. Alcoholic beverages shall be limited
to beer and wine.
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.
Additionally, Permittee shall provide ten (10) water barricades in support of the
Special Event. The use and location of the water barricades shall be at the sole
discretion of the City.
3.5 Professional Entertainment. Permittee shall provide professional entertainment
during the Special Event as deemed appropriate to a family- oriented and
traditional Fine Art Festival event.
3.6 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.
4.0 Compensation and Expenses. Compensation and expenses for the Special Event shall
be paid as follows:
4.1 Permittee Expenses. Unless otherwise provided in this Agreement, Permittee
shall pay all costs and expenses necessary for the Permittee to satisfy its
obligations under this Agreement including, but not limited to, (1) the cost of
overtime exceeding $5,500.00 for City law enforcement services authorized by
the City Manager to ensure public safety during the Special Event and during set-
up and breakdown of the Special Event; (2) overnight security services; (3)
facility rental fee for use of Blumberg Boulevard in the amount of $800.00; (4)
general supervision of the medians related to pedestrian and vehicular traffic; (5)
actual cost to repair any damage to Blumberg Boulevard and adjacent areas
incurred as a direct result of the Special Event; (6) all advertising, directional,
informational and like signage for the Special Event; (7) parking coordination for
artists, vendors, and public; (8) stage, sound system, lighting, and entertainment;
(9) all food and beverages; (10) all generators needed for the event; (11) portable
restroom facility (cleaning and stocking); (12) 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.
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4.2 City Expenses. City shall provide the following services and facilities for the
Special Event: (1) promotion of the event through The Insider, E- Alerts, City
Hall electronic sign messaging, and City website; (2) hanging and removal of
Festival of the Arts banners on existing pole brackets; (3) use of electric as
available on Blumberg Boulevard; (4) site preparation including mowing of the
Special Event site and the addition of donated mulch as needed to City -owned and
maintained property only; (5) spraying of a barrier spray and mosquito spray; (6)
installation and removal of a parking ramp; (7) road closure and re- opening of
Blumberg Boulevard with cones and signage; (8) installation and removal of two
(2) City -owned light towers and diesel fuel for same; (9) trash containers and
liners; (10) coordination of fire and first aid services; (11) request the shutting
down of irrigation at Town Center Apartments on Special Event dates; and (12)
the cost of overtime not to exceed $5,500.00 for City law enforcement services
authorized by the City Manager to ensure public safety during the Special Event
and during set -up and breakdown of 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:
6.1 Time of the Essence. The City's responsibility to make Blumberg Boulevard 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(s) 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.
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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 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.
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):
Winter Springs Festival of the Arts 2016
City of Winter Springs /Oviedo- Winter Springs Regional Chamber of Commerce
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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
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: Ms. Amy A. Kirkland, Chairman
The Oviedo - Winter Springs
Regional Chamber of Commerce
P.O. Box 621236
Oviedo, FL 32762 -1236
(407) 365 -6500
Email kirklandag seminol estate. edu
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. Pursuant to Section 119.0701, Florida Statutes and other
applicable public records laws, Permittee agrees that any records, documents,
transactions, writings, papers, letters, computerized information and programs,
maps, books, audio or video tapes, films, photographs, data processing software,
writings or other material(s), regardless of the physical form, characteristics, or
means of transmission, of Permittee related, directly or indirectly, to the services
provided to the City under this Agreement and made or received pursuant to law
or ordinance or in connection with the transaction of official business by the City,
may be deemed to be a public record, whether in the possession or control of City
or the Permittee. Said records, documents, transactions, writings, papers, letters,
computerized information and programs, maps, books, audio or video tapes,
films, photographs, data processing software, writings or other material(s),
regardless of the physical form, characteristics, or means of transmission of
Permittee are subject to the provisions of Chapter 119, Florida Statutes, and may
not be destroyed without the specific written approval of the City's designated
custodian of public records.
IF THE PERMITEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
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PERMITEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, THE CITY CLERK, AT (407) 327 -5955,
CITYCLERKDEPARTMENT (a)WINTERSPRINGSFL.ORG, 1126 EAST
STATE ROAD 434, FLORIDA 32708.
Permittee is required to and agrees to comply with public records laws. Permittee
shall keep and maintain all public records required by City to perform the services
as agreed to herein. Permittee shall provide the City, upon request from the City
Clerk, copies of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided
by law. Permittee shall ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the Agreement term. Upon completion of
the Agreement, Permittee shall transfer to City, at no cost, all public records in
possession of the Permittee, provided the transfer is requested in writing by the by
the City Clerk. Upon such transfer, Permittee shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. However, if the City Clerk does not request that the public records
be transferred, the Permittee shall continue to keep and maintain the public
records upon completion of the Agreement and shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to City, upon request from the City Clerk, in a format that is
compatible with the information technology systems of City. Should the City not
possess public records relating to this Agreement which are requested to be
inspected or copied by the City or any other person, the City shall immediately
notify Permittee of the request and the Permittee shall then provide such records
to the City or allow the records to be inspected or copied within a reasonable time.
If the Permittee does not comply with a public records request, the City may
enforce this Section to the extent permitted by law. Permittee acknowledges that
if the Permittee does not provide the public records to the City within a reasonable
time, the Permittee may be subject to penalties under Section 119.10, Florida
Statutes. The Permittee acknowledges that if a civil action is filed against the
Permittee to compel production of public records relating to this Agreement, the
court may assess and award against Permittee the reasonable costs of
enforcement, including reasonable attorney fees. All public records in connection
with this Agreement shall, at any and all reasonable times during the normal
business hours of the Permittee, be open and freely exhibited to the City for the
purpose of examination, audit, or otherwise. Failure by Permittee to grant such
public access and comply with public records laws and /or requests shall be
grounds for immediate unilateral cancellation of this Agreement by the City upon
delivery of a written notice of cancellation. If the Permittee fails to comply with
this Section, and the City must enforce this Section, or the City suffers a third
party award of attorney's fees and /or damages for violating Chapter 119, Florida
Statutes, due to Permittee's failure to comply with this Section, the City shall
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collect from Permittee prevailing party attorney's fees and costs, and any damages
incurred by the City, for enforcing this Section against Permittee. And, if
applicable, the City shall also be entitled to reimbursement of all attorneys' fees
and damages which the City had to pay a third party because of the Permittee's
failure to comply with this Section. The terms and conditions set forth in this
paragraph shall survive the termination of this Agreement.
6.13 Interpretation. Both the City and the Permittee have participated substantially
and materially 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 two hundred thousand dollars ($200,000.00), 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 three hundred thousand dollars ($300,000.00).
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
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out of the 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 insurance shall have minimum limits of
coverage of $1,000,000.00 per occurrence combines 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 insurer(s) approved by the
City Manager and licensed by the state of Florida to engage in business of writing of
insurance. Neither approval by the City nor failure to disapprove the insurance furnished
by a Permittee shall relieve the Permittee of the Permittee's full responsibility for
performance of any obligation including the Permittee's indemnification of the City
under this Agreement. 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 clearly 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 furnish the Certificate of Insurance directly to the City's designated representative.
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 delivery 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, officials, agents, servants, and attorneys from and
against any and 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
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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.
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 Suspension or Cancellation of Special Event. The City shall have the right to
temporarily suspend or cancel the Special Event at any time in the event of an adverse
weather condition, emergency, or in the event of any other occurrence requiring the
temporary suspension or cancellation of the Special Event in furtherance of the health,
safety and welfare of the City, pursuant to its inherent police powers under Chapter 166,
Florida Statutes. Any such suspension or cancellation shall be at the City's sole
discretion and shall be without penalty to the City. The City shall provide Permittee with
notice of any suspension or cancellation of the Special Event as soon as is practicable
under the circumstances warranting suspension or cancellation. If the Special Event is
cancelled through no fault of the Permittee, the City shall refund any fees paid by
Permittee under this Agreement.
13.0 Term. The term of this Agreement shall commence upon full execution of this
Agreement by the parties and end 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 Permitee.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
CITY OF WINTER SPRINGS
Kevin L. Smith, City Manager
THE OVIEDO - WINTER SPRINGS
REGIONAL CHAMBER OF
COMMERCE
Amy A. Kirkland, Chairman
Winter Springs Festival of the Arts 2016
City of Winter Springs /Oviedo- Winter Springs Regional Chamber of Commerce
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