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 ".
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