HomeMy WebLinkAbout2001 04 09 Regular C NEW Cox Radio, Inc. 4th July Special Event Agreement
COMMISSION AGENDA
CONSENT
INFORMA TIONAL
ITEM C
PUBLIC HEARING
~12001
Meeting
REGULAR
MGR~ /DEPT C,
Authorization...........
REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize
the City Manager to execute the agreement between the city of Winter Springs and
Cox Radio, Inc.
PURPOSE: The purpose of this item is to obtain commission approval to execute the agreement
for the 98.9 WMMO Fall Music Fest and Arts event to be held at Central Winds Park
on Nov. 10,2001.
CONSIDERATIONS:
. The City of Winter Springs, annually, conducts a public event in the month of July at Central
Winds Park.
. The City has conducted other large events in the past at Central Winds Park.
. The City Commission at the July 24, 2000, Budget Review Workshop, discussed a Parks and
Recreation request for funding to improve the Central Winds Park Amphitheater Area. The
commission's consensus was to attempt to lease the area to more groups for public use.
. The Cox Events Group desires to conduct it's the 98.9 WMMP Fall Music Fest and Arts Event
at Central Winds Park and will pay $2,500 or .50 cents per ticket, plus Fire and Police expenses.
· Tickets are free of charge at sponsored locations or $10.00 per person at the Central Winds gate.
. The Amphitheater and Parking Areas are available for use on Saturday, November 10, 2001.
. This event will promote the City of Winter Springs, Central Winds Park, to the Central Florida
Area, and will attract about 6,000 people.
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FUNDING:
No city funding needed.
RECOMMENDATION:
The Parks and Recreation Department is recommending the City Commission to authorize
the City Manager to execute the agreement between the City of Winter Springs and Cox
Radio, Inc. to conduct the 98.9 WMMO Fall Music Fest and Arts Event at Central Winds
Park on November 10,2001.
IMPLEMENTATION SCHEDULE:
. April 200 I execution of contract and begin promotion of event.
· November 7 - 9,2001 set up for event.
· November 10,2001 event is from 1O:OOAM to dusk.
ATTACHMENTS:
Attachment # 1
City of Winter Springs, Florida 98.9 WMMO Fall Music Fest and Arts Special
Events Agreement.
COMMISSION ACTION:
N/A
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CITY OF WINTER SPRINGS, FLORIDA
4TH OF JULY SPECIAL EVENT AGREEMENT
THIS 4TH OF JULY SPECIAL EVENTS AGREEMENT ("Agreement") is made and
entered into as of the H day of t1 At ,2001, by and between the CITY OF WINTER
SPRINGS, a Florida Municipal Corporation, and COX RADIO, INC ("Contractor").
WITNESSETH:
WHEREAS, City of Winter Springs desires to hold a 4th of July special event for the benefit
of the public for purposes of celebrating independence day on July 4, 200 I at Central Winds Park,
which is located and owned by the City of Winter Springs; and
WHEREAS, Contractor desires to contract with City to provide Special Event development,
creative design, and all necessary production support for the Special Event, as provided in this
Agreement; and
WHEREAS, the parties acknowledge and desire that the Special Event shall also benefit the
charities sponsored by The Rotary Club of Winter Springs;
WHEREAS, Contractor represents and warrants to City that it has the personnel, tools,
materials, and experience to provide the services 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) "Agreement" or "Contract" shall mean this Agreement between City and
Contractor regarding the Special Event services stated herein.
b) "Advertise" shall mean the act of publicly announcing or calling attention to
the Special Event and shall include, but 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.
c) "City Manager" shall mean the City Manager of the City of Winter Springs,
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Florida, or his designee.
d) "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.
e) "Public Records" is as described in Section 119.0 II (1), Florida Statutes.
f) "City" shall mean the City of Winter Springs, a Florida Municipal
Corporation and its employees, agents, and contractors.
g) "Contractor" shall mean Mountain View Productions, Inc., a Florida
Corporation and its employees, agents, and contractors.
h) "Special Event" shall mean the outdoor 4th of July special event approved by
City and held at Central Winds Park on July 4, 2001 or soon thereafter if said
event is canceled as provided in paragraph 12.0 of this Agreement. The
special event shall be planned, promoted, managed and operated by
Contractor pursuant to this Agreement.
j) "Central Winds Park" shall mean the park owned and operated by the City
which is located within the City of Winter Springs on State Road 434 and
adjacent to the Winter Springs High School and Lake Jessup.
2.2 Engagement. City hereby engages Contractor and Contractor agrees to perform the
services outlined in this Agreement for the compensation stated in paragraph 4.0 of 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 Services. Contractor agrees to perform the following services:
3.1 Fireworks. City of Winter Springs shall provide a complete fireworks production
produced by "Fireworks by Santore", or another duly qualified pyrotechnic fueworks
producer acceptable to City Manager, to provide a fireworks display during the Special
Event. The fireworks production shall be accompanied by an original musical score, and the
display shall last no less than 25 minutes.
3.2 Special Event. Contractor shall Advertise, produce, plan, promote, mariage, and
operate the Special Event in cooperation with the City. In furtherance thereof, Contractor
agrees to keep the City Manager fully informed of its plan to pr()mote, 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
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Event.
3.3 Food and Beverage. Contractor agrees to provide all food and beverage concessions
for the Special Event, except for food and beverage concessions at the concession building
located in the center of the baseball complex at Central ~inds Park which will be provided
by City. Contractor shall retain all fees and commissions from the concessions provided by
Contractor. Alcoholic beverages shall be limited to beer and wine, if provided.
3.4 Sponsorship; Event Fees. Unless otherwise provided in this Agreement,
Contractor shall retain the sole right to all sponsorships and paid fees for the Special
Event.
3.5 Staging; Other Production Materials. Contractor shall provide all staging and
production materials necessary to produce a high quality Special Event including, but not
limited to, professional audio system with delay stack, staging and stage lighting, golf carts,
radios, tents, and catering for staff.
3.6 Professional Main Stage Entertainment. Contractor shall provide
professional main stage entertainment during the Special Event (e.g. Groove
Logic/Swingerhead).
3.7 City Special Event Policy. Contractor agrees to comply with the City's written
Special Event Policy deemed applicable to the Special Event by the City Manager.
3.8 Permits. Contractor shall obtain all local, state, and federal permits necessary
to hold the Special Event, with the assistance of the City. City shall waive all City permit
fees for the Special Event.
4.0 Compensation; Expenses.
4.1 To The Rotary Club of Winter Springs. Contractor agrees to pay The Rotary Club
of Winter Springs Ten Percent (10%) of net profit from the beer concessions in lieu of
volunteers to help 'man' the beer sales.
4.2 To Contractor. Contractor's sole compensation from City shall be Twelve
Thousand and No/I 00 Dollars ($12,000.00) for all services rendered by Contractor under this
Agreement. City shall pay Contractor said amount in two (2) installment payments as
follows:
(a) Upon both parties fully executing this Agreement, City shall pay Contractor a non-
refundable first installment in the amount of Six Thousand and No/l 00 Dollars ($6,000.00).
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(b) On or before July 4, 2001, City shall pay Contractor the second installment in the
amount of Six Thousand and No/lOO Dollars ($6,000.00).
4.3 Contractor Expenses. Unless otherwise provided in this Agreement, Contractor shall
pay all costs and expenses necessary for Contractor to satisfy its obligations under this
Agreement.
4.4 City Expenses. City shall provide the following services and facilities for the
Special Event: (1) Central Winds Park on the day of the Special Event and the
preceding day for set-up purposes; (2) all necessary power at Central Winds Park to
include: three phase 300 amp; single phase 100 amp power drop at the main stage
location; additional 20 amp services as needed (Each of the main drops must be
isolated for use on the Special Event and set-up days); (3) rest room facilities; (4)
lighting of Central Winds Park and surrounding area; (5) City fire and police services
as deemed reasonably necessary by the City Manager; (6) dressing rooms; (7) clean
up of Central Winds Park and surrounding area; (8) parking and parking
coordination; and (9) repair of damage incurred to Central Winds Park caused by
unforseen weather conditions.
5.0 Due Diligence. Contractor acknowledges that it has investigated prior to the
execution of this Agreement and satisfied itself as to the conditions affecting the services
required hereunder, the availability of materials and labor, the cost thereof, the requirements
to obtain necessary insurance, permits, professional entertainment, fueworks, and the steps
necessary to complete the services within the time set forth herein. The Contractor warrants
unto the City that it has the competence and abilities to carefully, professionally, and
faithfully complete the services in the manner and within the time limits prqscribed herein.
The Contractor will perform the services with due and reasonable diligence consistent with
sound professional and labor practices.
6.0 Miscellaneous: All requirements of a "Request For Proposals,"
designated RFP 002-0l/GD and advertised December 10, 2000, are
incorporated herein by reference and made a part hereof. This
agreement is predicated on the "Event Proposal" submitted by
Contrtactor and assurances by Contractor that all RFP requirements
will be met, whether specifically delineated further in this agreement or
not.
6.1 Time is of the Essence. Time is of the essence of 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
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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.
6.4 Thir~ Party Rights. Except for the express rights granted under this Agreement to
the Winter Springs Rotary Club, this Agreement is not a third party beneficiary
contract and shall not in any respect whatsoever create any rights on behalf of any
third parties.
6.5 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) and
execute and deliver any further documents which may be necessary or desirable in
order to carry out the purposes and intentions of this Agreement.
6.6 Legal Representation. The parties acknowledge that Anthony A. Garganese,
Esquire, and Broad, Ward, Salzman, and Weiss, P.A., and other attorneys therein,
have acted as counsel for City in connection with this Agreement and the transactions
contemplated herein, and has not given legal advice to any party hereto other than
City.
6.7 Severability. If any provision of this Agreement is held to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless remain in full force and
effect, unless the absence of the invalid, void or unenforceable provision or
provisions causes this Agreement to fail in its essential purposes.
6.8 Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida. The parties further agree that in any
dispute between them relating to this Agreement, exclusive jurisdiction shall be in
the trial courts located in Seminole County, Florida, any objections as to jurisdiction
or venue in such courts being expressly waived.
6.9 Attorney's Fees. In the event any litigation or controversy arises out of or in
connection with this Agreement between the parties hereto, the prevailing party in
such litigation or controversy shall 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.
6.10 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 right, unless otherwise expressly provided herein.
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6.11 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 prepaid, 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 address, of which any party hereto shall have given written
notice as provided herein):
To City of Winter Springs: Ronald W. McLemore, City Manager
1126 East S.R. 434
Winter Springs, Florida 32708
PH: (407) 327-5957
FAX: (407) 327-4753
To Contractor: COX Radio, Inc.
Debbie Morel, V.P. and GM
200 South Orange Ave. Suite 2240
Orlando, FI 32801
PH: (407) 422-9696
FAX: (407) 422"'5883
6.12 Counterparts. This Agreement may be executed in any number of counterparts, each
of which when so executed and delivered, shall be an original; but such counterparts
shall together constitute but one and the same instrument.
6.13 Public Record. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other
writing of the Contractor related, directly or indirectly, to this Agreement, shall 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 video tape, photograph, or other writing of the Contractor is subject to the
provisions of Chapter 119, Florida Statutes, and may not be destroyed without the
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.
6.14 Interpretation. Both the City and the Contractor 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
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parties as the drafter.
6.15 Independent Contractor. Contractor shall be considered an independent contractor
under this Agreement.
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. 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.
9.0 General Liability Insurance. For all services performed hereunder, the Contractor shall
purchase and maintain, at its own expense, such general liability insurance, food and liquor
liability insurance, fireworks 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 services performed by Contractor under this Agreement. 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 with insurer(s) approved by the City Manager and licensed by the State of Florida to
engage in the business of writing of insurance. The City shall be named on the foregoing
insurance policies as "additional insured." The Contractor shall cause its insurance
carriers to furnish insurance certificates and endorsements specifying the types and
amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and
a statement that no insurance under such policies will be canceled without thirty (30) days
prior written notice to the City in compliance with other provisions of this Agreement. If
the City has any objection to the coverage afforded by or other provision of the insurance
required to be purchased and maintained by the Contractor in accordance with this
paragraph on the basis of its not complying with the Agreement, the City shall notify the
Contractor in writing thereof within thirty (30) days of the date of delivery of such
certificates and endorsements to the City. For all services performed pursuant to this
Agreement and during the Special Event, the Contractor shall continuously maintain such
insurance in the amounts, type, and quality as required by this paragraph.
10.0 Indemnification and Hold Harmless. For all services performed pursuant to this
Agreement, the Contractor 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 through any and all administrative, trial, post judgment and
appellate proceedings), directly or indirectly arising from the negligent acts, errors,
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omISSIOns, intentional or otherwise, arising out of or resulting from Contractor's: (i)
performance of services pursuant to this Agreement; (ii) failure to properly train employees
under Contractor's control or direction; (iii) failure to remit any local, state, and federal taxes
due by Contractor as a result of the Special Event; and (iv) failure to properly plan, promote,
manage, and operate the Special Event.
The indemnification provided above shall obligate the Contractor to defend at its own
expense or to provide for such defense, at the sole option of the City, as the case may be, of
any and all claims of 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 result
from the services under this Agreement whether the services be performed by the Contractor
or anyone directly or indirectly employed or hired by them. In all events the City shall be
permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and
included with this indemnification provided herein, as long as said fees are reasonable.
11.0 Standard of Care. In performing its services hereunder, the Contractor shall 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.
12.0 Termination. By written notice to Contractor, the City shall have the right to cancel the
Special Event and this Agreement at any time, without penalty, under the following
conditions:
12.1 If the Special Event is canceled on or before June 3, 2001, all fees paid by the
City to Contractor, except the non-refundable $6,000.00 first installment, shall be
refunded to the City within five (5) business days.
12.2 If the Special Event is canceled on or between June 4, 2001 and June 19,2001,
Contractor shall retain all fees paid by the City to Contractor under this Agreement.
However, in this event, Contractor agrees to reschedule and produce a special event,
as required under this Agreement, at no additional cost to the City. The rescheduled
special event must occur no later than October 1, 2001. If the special event is not
rescheduled by this date, Contractor shall be released of any and all obligations under
this Agreement.
12.3 If the Special Event is canceled on or after June 20,2001, but on or before July
I, 2001, Contractor shall retain all fees paid by the City to Contractor underthis
Agreement. However, in this event, Contractor agrees to reschedule and
produce a special event, as required under this Agreement, for an additional
cost of Seven Thousand Five Hundred and No/lOO Dollars ($7,500.00) The
rescheduled special event must occur no later than October I, 200 I. If th~
special event is not rescheduled by this date, Contractor shall be released of any
and all obligations under this Agreement.
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12.4 If the Special Event is canceled on or after July 1,2001, but on or before July
4, 200 I, Contractor shall retain all fees paid by the City to Contractor under this
Agreement. However, in this event, Contractor agrees to reschedule and produce a
special event, as required under this Agreement, for an additional cost of Eleven
Thousand Five Hundred and Noll 00 Dollars ($11,500.00). The rescheduled special
event must occur no later than October I, 200 I. If the special event is not
rescheduled by this date, Contractor shall be released of any and all obligations under
this Agreement.
13.0 Term. The term of this Agreement shall be from the effective date until the full completion
and satisfaction of the terms and conditions of this Agreement by both parties or the
termination of this Agreement pursuant to paragraph 12.0. Except that the indemnification
provision contained in paragraph 10.0 shall remain in full force and effeCt for any claims,
losses, damages, personal injuries, or liability which may occur under this Agreement.
14.0 Contractor's Signatory. The undersigned person executing this Agreement on behalf
of Contractor hereby represents and warrants that he/she has the full authority to sign said
agreement for Contractor and to fully bind Contractor to the terms and conditions set forth
in this Agreement. I-Ie/she also represents and warrants that the proposal submitted to the
City to perform services enumerated herein was in response to RFP 002-01/GD, further
described in Section 6.0 above, and that he/she has read and shall comply with all provisions
and requirements therein.
15.0 First Right of Refusal. By agreeing below, both parties agree to a first right of refusal
for 2002. COX RADIO will be given the first opportunity to commit to this event for 2002.
And, likewise, The City of Winter Springs will be the first 4th of July event that WHTQ-FM
will attempt to contract with in 2002.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
CITY:
CONTRACTOR:
CITY OF WINTER SPRINGS, FLORIDA: C
By: /It,~rJ M 'fyJ ~
Ron Mclemore, City Manager
By:
, 5 ,- (l -' 0 I
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