HomeMy WebLinkAboutSpeciality Pop Up Events, LLC Event Services Aggreement (September 2026 Food Truck Night - Trotwood Park) 2026 08 11
AGREEMENT FOR EVENT SERVICES
(SEPTEMBER 2026 EVENT AT TROTWOOD PARK)
THIS AGREEMENT FOR EVENT SERVICES
into as of the ___ day of ________________, 2026, by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation with its principal location at 1126 E. State Road 434,
SPECIALTY POP UP EVENTS, LLC, a Florida
limited liability company with its principal address at 2901 Clint Moore Road, Suite 194, Boca
Raton, Florida 33496 Contractor
WITNESSETH:
WHEREAS, the City desires to host an event in September 2026 (currently known as the
Bites & Boutiques at the
for the benefit of the public which will feature local food trucks and a curated
marketplace of unique boutiques, artisans, makers, and other specialty vendors; and
WHEREAS, assist with
coordinating non-food vendors to participate in the curated marketplace for the Special Event; and
WHEREAS, Contractor is an active limited liability company duly licensed and existing
under the laws of the State of Florida, experienced in the foregoing, and agrees to perform these
services for the City under the terms and conditions set forth in this Agreement.
WHEREAS, Contractor represents and warrants that it has the personnel, tools, materials,
and experience necessary to successfully perform the services as described in this Agreement.
NOW THEREFORE, in consideration of the provisions contained in this Agreement, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, 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
the Special Event and may 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; or the promotion of the
11 August
b. Agreement Contract
addendums or amendments hereto which have been executed between the City
and Contractor regarding the Special Event permitted herein.
c. Trotwood Park
Winter Springs which is located west of the intersection of Trotwood Blvd.
and Northern Way with an address of 701 Northern Way, Winter Springs,
Florida 32708.
d. City
and its employees, agents and contractors.
e. City Manager
Florida or his designee.
f. Contractor SPECIALTY POP UP EVENTS, LLC, a Florida
limited liability company, and its officers, employees, agents, and contractors.
g. Effective Date
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
i. Special Event Event shall mean the Special Event to be held at the City
26, from
5:00 p.m. until 8:00 p.m. The Special Event is currently known as the Bites &
Boutiques event, however, the actual name of the event is subject to change at
3.0 Scope of Services. Contractor agrees to provide the Services related to the Special Event
as provided below:
3.1 Vendor Recruitment. Contractor shall market the opportunity to participate in
the Special Event to potential vendors located in the City and in the surrounding
area. Contractor shall be responsible for recruiting all vendors who will
participate in the Special Event, except for vendors who provide food and
beverage services. Food and beverage vendors will be recruited and managed by
the City in its sole and exclusive discretion.
a. Contractor shall recruit potential vendors and market by advertising
and marketing the Special Event as it deems appropriate in its
professional experience. Marketing and advertising shall, however,
occur through City-approved channels only. All
marketing/advertisement materials and all methods of
marketing/advertising must be approved by the City in advance of
publication or disbursement.
b. Contractor shall keep the City fully informed of its plan to promote
and manage the Special Event and book vendors for the Special Event,
so that the City can reasonably satisfy its obligations under this
Agreement and can reasonably address issues of public health, safety,
and welfare related to the Special Event.
c. Contractor shall endeavor to recruit a unique and varied array of
vendors and to avoid recruiting multiple vendors which offer the same
or substantially similar products or services. Contractor shall make an
effort to prioritize recruiting vendors specializing in handcrafted items,
artisanal products, artworks, boutique clothing and accessories, and
other unique businesses.
d. The City shall be responsible for coordinating food and beverage
vendors for the Special Event. Contractor shall not recruit food or
beverage vendors.
3.2 Vendor Selection and Requirements. Contractor shall be responsible for
creating a list of prospective vendors for the Special Event, however, the City
shall have the sole discretion over which vendors are ultimately selected to
participate in the Event.
a. No later than September 03, 2026, the Contractor shall provide the
City with a list of prospective vendors for the event. Prospective
vendors are those vendors chosen by the Contractor who are available
and willing to participate in the Event and who the Contractor has
determined would be a good fit for the Event.
b. Contractor reserves the right to, in its discretion, determine which
vendors will be included on the prospective vendor list based
appropriate for the Special Event.
c. Contractor shall collect all prospective vendor applications and all
required documentation associated with the vendor applications and
shall provide said information to the City for its review. Prospective
vendors who submit incomplete applications will not be eligible to
participate in the Special Event. All prospective vendor applications
shall be provided to the City for review and approval prior to
Contractor booking a vendor to participate in the Special Event.
Completed applications and additional documentation for each
prospective vendor shall be provided to the City along with the
September 3, 2026.
d. The City shall prospective vendor list and will
approve or reject any individual vendor on the list for participation in
the Special Event.
e. Once the City has approved a final vendor list, the Contractor shall
book a maximum of twenty (20) vendors to participate in the Special
Event. The Contractor shall only be permitted to book more than
twenty (20) vendors to participate in the Special Event with the prior
f. Vendor fees for the Special Event shall be collected by the Contractor.
3.3 Vendor Management. Contractor shall be solely responsible for communicating
with prospective vendors and selected vendors before and during the Special
Event. Contractor shall also be responsible for managing selected vendors before,
during, and immediately following the Event.
a. Contractor shall be responsible for communicating with prospective and
selected vendors prior to and throughout the Event. Contractor shall act as a
communications liaison between the City and vendors. Contractor shall ensure
the vendors are kept informed of all details regarding the Special Event and
receive all information necessary for the vendors to successfully prepare for
and participate in the Special Event. Contractor shall inform the City of any
issues which may arise related to the Special Event and vendor participation
therein.
b. Contractor shall be responsible for managing all non-food/beverage vendors
prior to and during the Special Event. Contractor shall coordinate vendor
check-in, assist with vendor set-up as necessary, and shall act as a liaison
between the City and vendors prior to, during, and immediately following the
Event for any vendor needs or issues which may arise.
c. Contractor may make recommendations to the City on where vendors should
be located during the Special Event. The City, however, shall have the sole
ultimate discretion concerning where each particular vendor shall be located
during the Event.
3.4 Event Setup. Contractor shall be solely responsible for ensuring vendors set up
before and break down following the Special Event. All set-up and break-down
activities must occur the same day as the Special Event. Break-down includes
following the conclusion of the event. Contractor shall ensure that all vendors
remove all personal property from Trotwood Park following the Special Event.
Neither Contractor nor the vendors are permitted to store any personal property at
Trotwood Park.
3.5 City Special Event Policy. Contractor
Special Event policies, if any, which are deemed applicable to the Special Event
3.6 Vendor Policy. Contractor shall ensure that all vendors are provided with a copy
Event by the City. Contractor shall ensure that all vendors are able to comply with
all applicable City policies and maintain compliance with all applicable City
policies throughout the Special Event.
4.0 Compensation, Expenses and Obligations. Compensation, expenses and obligations for
the Special Event shall be paid as follows:
4.1 Contractor Expenses. Unless otherwise provided in this Agreement, Contractor
shall pay all costs and expenses necessary for the Contractor to satisfy its
obligations under this Agreement.
4.2 City Obligations. City shall provide the following services and facilities for the
Special Event: (1) use of Trotwood Park on the day of the Event; (2) use of
parking areas at Trotwood Park; (3) use of restroom facilities at Trotwood Park;
(4) promotion of the event through , E-Alerts, social media
channels, and official City website; (5) use of electric as available in Trotwood
Park; (6) mowing of the Special Event site; (7) ensure the shutting down of
irrigation at Trotwood Park on the Special Event dates.
4.3 Payment to City. The City shall be compensated by the Contractor in the amount
of ONE HUNDRED AND FIFTY DOLLARS AND 00/100 ($150.00) for
services rendered under this Agreement. Payments shall be due and payable as
provided by the Florida Local Government Prompt Payment Act s. 218.70 et.
seq., Florida Statutes.
4.4 City Seal and Event Branding. The City shall prepare branding, logos, and
marketing materials for the Special Event. The Contractor shall utilize only the
branding, logos, and marketing materials prepared by the City in its
marketing/advertisement of the Event, unless alternate materials are approved by
the City in writing in advance. Contractor shall be permitted to utilize the City
Seal in conjunction with its marketing, advertising, and promotion of the Event to
prospective vendors.
4.5 Non-Ownership. The Event is owned, organized, and operated by the City of
Winter Springs. The Contractor shall not advertise, market, promote, or otherwise
the event is vendor recruitment and management only, as provided in this
Agreement. Should the Contractor represent itself as an owner or organizer of the
Event, the Contractor will have materially breached this Agreement the City shall
be entitled to immediately terminate this Agreement without further compensation
to the Contractor.
4.6 Permitting. The City shall be responsible for all permitting related to the
Special Event including obtaining, maintaining, and paying associated expenses
for any local, state, or federal, permits which may be required to perform the
Special Event as described herein.
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 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 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 proscribed herein. The
Contractor will perform the services 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 is of the Essence. Trotwood Park and
adjacent areas available to Contractor and vendors is limited to the time periods set
forth hereunder. Contractor acknowledges and agrees that time is of the essence
with respect to 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.
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 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.
6.6 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 the
Middle District of Florida, Orlando Division. Any objections to jurisdiction and
venue are expressly waived.
6.7 Should any litigation arise concerning this Agreement between
6.8 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.
6.9 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: 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
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802-2873
(407) 425-9566 (Phone)
(407) 425-9596 (Fax)
TO CONTRACTOR: Specialty Pop Up Events, LLC
Attn: Jason A. Hurwitz
2901 Clint Moore Road, Suite 194
Boca Raton, FL 33496
WITH COPY TO: United States Corporation Agents, Inc.
476 Riverside Avenue
Jacksonville, FL 32202
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 Records. In accordance with Chapter 119, Florida Statutes, Contractor
agrees that all documents, transactions, writings, papers, letters, tapes,
photographs, sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to this Agreement or in connection with any funds provided by
the City pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all
public records that ordinarily and necessarily would be required by the City in
order to perform the services required by this Agreement. Contractor also agrees
to provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not
exceed the cost provided by Chapter 119, Florida Statutes or as otherwise
provided by law. Contractor shall also ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law. In addition, Contractor shall meet all
requirements for retaining public records and transfer, at no cost, to the City all
public records in possession of the Contractor upon termination of this Agreement
and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City. If Contractor does not comply with a
public records request, the City shall have the right to enforce the provisions of
this Paragraph. In the event that Contractor fails to comply with the provisions of
this Paragraph, and the City is required to enforce the provisions of this
damages for violating the provisions of Chapter 119, Florida Statutes due to
Contractor
be entitled to collect from Contractor
and any damages incurred by the City, for enforcing this Paragraph against
Contractor. And, if applicable, the City shall also be entitled to reimbursement of
third party because of Contractor
Paragraph. This Paragraph shall survive the termination of this Agreement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, THE CITY CLERK, AT (407) 327-5955,
CITYCLERKDEPARTMENT@WINTERSPRINGSFL.ORG, 1126 EAST
STATE ROAD 434, FLORIDA 32708.
6.13 Interpretation. Both the City and the Contractor 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 Contractor and the City.
6.15 No City Representations and Warranties; Success of Special Event.
Contractor agrees and acknowledges that the City has made no representations
and warranties regarding the Special Event. Contractor has assumed full
responsibility for furnishing, performing, and completing the Special Event and
that Contractor agrees and acknowledges the City has in no way guaranteed that
belief of success and profit.
6.16 Trafficking. As a condition of this contract, Contractor shall attest under
penalty of perjury, that Contractor does not use coercion for labor or services as
defined in Section 787.06(2), Florida Statutes. Attestations shall be documented
using a Human Trafficking Affidavit as provided by the City.
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. The City intends to avail itself of the benefits of Section 768.28,
Florida Statutes and any other statutes and common law governing sovereign immunity to
the fullest extent possible. Neither this provision nor any other provision of this
Agreement shall
liability under state or federal law. Contractor agrees that City shall not be liable under
this Agreement for punitive damages or interest for the period before judgment. Further,
City shall not be liable for any claim or judgment, or portion thereof, to any one person
for over 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
three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to
inure to the benefit of any third party for the purpose of allowing any claim which would
otherwise be barred under the doctrine of sovereign immunity or by operation of law.
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, the Contractor shall purchase and maintain, at its own expense,
such general 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 any and all activities and services provided and performed by Contractor 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 and property damage 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 Contractor
shall relieve the Contractor of the Contractor
obligation including the Contractor
Contractor 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 Contractor shall furnish the
Contractor
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 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 activities and services permitted and occurring under
this Agreement, including any and all activities and services provided and performed by
Contractor and by authorized participants of the Special Event, the Contractor shall
continuously maintain such insurance in the amount, type, and quality as required by this
paragraph.
10.0 Indemnification and Hold Harmless.
10.1 For all activities and services permitted and occurring under this Agreement,
including any and all activities and services provided and performed by
Contractor and by authorized participants of the Special Event, the Contractor
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 limit
directly or indirectly arises out of, or results from any act or failure to act of
Contractor or any person authorized by Contractor to participate in the Special
Event which in any way is related to Contractor
Agreement, and/or the services and activities provided and performed under this
Agreement. The indemnification provided above shall obligate the Contractor 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, officials, agents, servants, 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 Contractor
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. Contractor
shall protect the public and property from any safety hazards directly or indirectly
resulting from the Special Event and authorized participants thereto.
12.0 Public Forum Areas. The Parties acknowledge and agree that during special events held
on City owned or leased property, some portions of City owned or leased property such
as roads, sidewalks and parks, may be considered a traditional, limited or designated
public forum under law. For these areas, the Parties acknowledge that the general public
may have certain levels of First Amendment rights to express themselves freely within
the parameters of the U.S. and Florida Constitutions. The City intends to preserve its
rights and discretion to exercise control over these areas to promote an orderly special
activities may be limited and will be governed by constitutional principles of law. The
City does not provide any endorsements, guarantees or commitments of any kind to
Contractor regarding any of these First Amendment activities should they occur during
the Special Event even if said activities interfere with or impede the Special Event held
by Contractor under this Agreement.
13.0 Suspension or Cancellation of Special Event. The City shall have the right to
temporarily suspend or cancel the Special Event, or any particular occurrence of 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
The City shall provide Contractor 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 Contractor, the City
shall refund any fees paid by Contractor under this Agreement.
14.0 Term. The Initial Term of this Agreement shall commence upon the Effective Date and
shall expire once the Contractor has completed all obligations under this Agreement
following the conclusion of the Special Event.
15.0 Termination. City may terminate this Agreement for any reason, with or without cause
and without penalty, by giving the Contractor fourteen (14) days advance written notice
of the termination of this Agreement. In addition, should Contractor materially breach
this Agreement and such breach is not cured within five (5) days of receiving written
notice of such breach by the City, the City shall be entitled to terminate this Agreement
immediately and Service Provider shall refund the City any pre-paid fees for Services not
e Provider. Upon receipt of a notice for any
termination of this Agreement, the Parties shall cooperate with each other and use all
commercially reasonable efforts to affect a smooth transition process.
16.0 Contractor The undersigned person executing this Agreement on behalf of
Contractor hereby represents and warrants that he 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.
17.0 Independent Contractor. This Agreement calls for the performance of the services of
the Contractor as an independent contractor. Neither the Contractor, nor its assigns, nor
its successors, shall be considered employees, officers, or agents of the City in any
capacity. The Contractor shall not be entitled to any benefits which would otherwise
apply to City employees.
18.0 E-Verify. In accordance with Chapter 448.095, Florida Statutes, the Contractor shall
-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the
term of this Agreement. The Contractor shall expressly require any subcontractors
performing work providing services pursuant to this Agreement to likewise utilize the
-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the term of this
Agreement. The Contractor agrees to maintain records of its participation and compliance
with the provisions of the E-Verify program, including participation by its subcontractors
as provided above, and to make such records available to the City consistent with the
terms of the enrollment in the program. This includes maintaining a copy of
proof of the -Verify program. A
Contractor who registers with and participates in the E-Verify program may not be barred
or penalized under this section if, as a result of receiving inaccurate verification
information from the E-Verify program, the Contractor hires or employs a person who is
not eligible for employment. Nothing in this section may be construed to allow
intentional discrimination of any class of persons protected by law.
[Signatures on Following Page]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year written above.
CITY OF WINTER SPRINGS, FLORIDA SPECIALTY POP UP EVENTS LLC
By:_________________________ By:__________________________
Name: ______________________ Name: _______________________
Title: _______________________ Title: ________________________
Date: _______________________ Date: _______________________