HomeMy WebLinkAbout2014 04 28 Consent 301 Scottish American Society of Central Florida 10 Year Agreement COMMISSION AGENDA
Informational
Consent X
ITEM 301 public Hearings
g
Regular
Apri128, 2014 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 10-year agreement, as prepared by the City Attorney,
between the City of Winter Springs and the Scottish American Society of Central Florida,
Inc. for the 38th-47th Annual Central Florida Scottish Festival and Highland Games.
SYNOPSIS:
The Central Florida Highland Games have become one of the most recognized games in the
nation and have been held annually at Central Winds Park for the last 13 years. Staff has
met with the CFSF board and they have unanimously voted to establish a long-term
commitment to Winter Springs. Accordingly, we are requesting City Commission approval
to execute a 10-year agreement for the 38th-47th Annual Central Florida Scottish Festival
and Highland Games to continue their home here in Winter Springs.
CONSIDERATIONS:
• In January this year the Scottish American Society of Central Florida conducted its
37th Annual Scottish Highland Games at Central Winds Park over 2 days (Saturday
and Sunday).
• The Scottish American Society board has recently agreed (unanimously) to the
attached ten (10) year agreement for the event which will allow the Scottish Festival
and Highland Games to be held at Central Winds Park for the next ten (10) years
(2015-2024), during the weekend of the Martin Luther King Holiday each year.
• The Scottish American Society will increase their annual contribution from $3,000
to $5,000 for Winter Springs Community Events (this cost is purposed to
cover damages to the fields caused by Games athletic activities and park
Consent 301 PAGE 1 OF 2-April 28,2014
improvements for events).
• The Scottish Highland Games will be paying the total cost of police, fire, park rental,
festival costs, etc. for their Saturday and Sunday events at Central Winds Park.
• City ICS Committee meets regularly with Highland Games representatives to plan
this event. They are very organized and complete all necessary permits, parking and
mapping processes in a timely manner.
FISCAL IMPACT:
The Highland Games generates $11,000 in revenue to the City, annually (2 days park rental
at $3,000 per day and $5,000 in Community Event sponsorship). Event costs (including
Police) are covered/paid by the Games.
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 five (5) 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 is recommending 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 Scottish American Society of Central Florida, Inc. for the 38th - 47th Annual
Central Florida Scottish Festival and Highland Games.
ATTACHMENTS:
Attachment A - 10 Year Scottish Festival and Highland Games Agreement
Consent 301 PAGE 2 OF 2-April 28,2014
Date: April 28, 2014
This Agreement replaces the previous version
which originally went out with Consent Agenda
Item "301" and this version is now the official
Agreement being considered with Consent
Agenda Item "301" at the April 28, 2014City
Commission Regular Meeting.
2015 -2024
CENTRAL FLORIDA SCOTTISH FESTIVAL and HIGHLAND GAMES
PERMIT AGREEMENT
THIS PERMIT AGREEMENT("Agreement")is made and entered into as of the day
of , 2014 by and between the CITY OF WINTER SPRINGS, a Florida Municipal
Corporation ("City"), and THE SCOTTISH-AMERICAN SOCIETY OF CENTRAL
FLORIDA, INC., a Florida Not for Profit Corporation and Federal 501(c)(3) organization
("Permittee").
WITNESSETH:
WHEREAS,Permittee desires to hold an annual Special Event for the benefit of the public
in the interest of increasing public awareness of Scottish culture and heritage through the production
of the Central Florida Scottish Festival & Highland Games at Central Winds Park; and
WHEREAS,Permittee desires permits from the City which would allow Permittee to hold
the Central Florida Scottish Festival & Highland Games at Central Winds Park in January 2015,
2016,2017,2018,2019,2020,2021,2022,2023 and 2024, 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 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
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addendums thereto between the City and Permittee regarding the Special
Event permitted herein.
(c) "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.
(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 Scottish American Society of Central Florida,
Inc.,a Florida Not for Profit Corporation and Federal 501(c)(3)organization,
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 Scottish Festival&Highland Games
at Central Winds Park, further described in this Agreement. The Special
Event shall be held on January 17 & 18, 2015; January 16 & 17, 2016;
January 14 & 15, 2017; January 20 & 21, 2018; January 19 & 20, 2019;
January 18 & 19, 2020; January 16 & 17, 2021; January 15 & 16, 2022;
January 14 & 15, 2023; and January 20 &21, 2024. 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 as set forth 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
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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,
wine and frozen drinks,ifprovided. However,Permittee may allow a scotch whiskey
distributor to distribute 1/2 ounce samples of Scottish whiskey from their assigned
booth during the Special Event.
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. Unless otherwise provided herein,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 family oriented and traditional
Scottish 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 Clean up. Permittee shall coordinate and monitor the pick up and disposal of
garbage and other debris from the Special Event areas.
3.9 Port-a-let Supplies. Permittee shall be responsible for keeping the port-a-let
facilities stocked with necessary paper products.
4.0 Compensation , Expenses & Obligations.
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4.1 Annual Rental Fee. During each year of this Agreement, Permittee shall pay the
City a field and facility rental permit fee in the amount of Six Thousand and no/100
Dollars ($6,000.00) for the use of Central Winds Park for two (2) days. Permittee
shall pay the annual field and facility rental permit fee to the City no later than
January 2 of each year of this Agreement.
4.2 Field Repair and Maintenance Fee. During each year of this Agreement,Permittee
shall pay the City a field repair and maintenance fee in the amount of Five Thousand
and no/100 Dollars ($5,000.00), which sum shall be used for Winter Springs
community events. Permittee shall pay the field repair and maintenance fee no later
than March 2 of each year of this Agreement.
4.3 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, fire and police services and extra City
personnel services caused by the Special Event as deemed reasonably necessary by
the City Manager; clean up of Central Winds Park and surrounding area; parking
coordination;repair of damage to Central Winds Park in excess of$5,000.00 caused
by the Special Event; portable restroom facilities; all necessary power at Central
Winds Park to include three phase 300-amp;single phase 100-amp power drop at the
main stage location and additional 20-amp as needed (each of the main drops must
be isolated for during the Special event and on set-up days); existing lighting of
Central Winds Park and surrounding areas. For each year of this Agreement,
payment for these expenses owed to City under this provision shall be made at the
conclusion of the Special Event, or within ten (10) days of presentation of such
expenses by City to Permittee, whichever occurs later.
4.4 City Obligations. City shall provide the following services and facilities for the
Special Event: (A) use of Central Winds Park on the two (2) days of the Central
Florida Scottish Festival and Highlands Games, and Permittee shall have general
access during the four (4)preceding days for set-up purposes and the four (4) days
following the event for load out and clean up purposes; (B) use of Central Winds
Parking areas in addition to City-owned parking areas at City Offices and access to
parking facilities at Winter Springs High School on the days of the Special Event;
(C) restroom facilities at the baseball complex; and (D) two (2) light towers to be
used for the Event, as needed. The City will use its best effort to keep the Special
Event cordoned off through the use of fences,ropes, and other demarcation devices,
from other parts of Central Winds Park not being used for the Special Event.
Additionally,in the sole discretion of the City, the City will make improvements to
Central Winds Park that may include, but are not limited to, road paving, electrical
upgrades to the amphitheater, and increased water supply lines to the expansion
fields.
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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 Central Winds Park 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,
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unenforceable, or unconstitutional word, sentence, or paragraph did not exist.
6.7 Governing Law;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 address, of which any party hereto shall have given written
notice as provided herein):
TO THE CITY:
Kevin L. Smith, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Fl. 32708-2799
407-327-5957 (Phone)
407-327-6686 (Fax)
Scottish Festival and Highland Games Permit Agreement
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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
407-425-9566 (Phone)
407-425-9596 (Fax)
TO PERMITTEE:
Mr. Woodrow Crawford, President
P. O. Box 2948
Orlando, FL. 32802-2948
(407) 841-8831
Email: lowlandr @bellsouth.net
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 and program, audio or video tape, photograph, or other
writing of the Permittee 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
Permittee. Said record,document,computerized information and program,audio or
video tape,photograph,or other writing of the Permittee 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 Permittee 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 normal business hours of the Permittee 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
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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.
6.16 Modification. Any modification or amendment to the terms and conditions of this
Agreement shall be set forth in writing and approved by both parties hereto.
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 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 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 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
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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 the 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.
10.1 For all activities and services permitted and occurring under this Agreement,
including any and all activities and services provided and performed by the Permittee and by
authorized participants of the Special Event,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 the Permittee or any person authorized by
the Permittee to participate in the Special Event which in any way is related to the
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 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 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.
10.2 For all services provided under this Agreement, the City agrees to the fullest extent
permitted by law,to indemnify and hold harmless the Permittee 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 arise out of, or result from any negligence of the City, its officers and employees.
The City's liability to the Permittee under this subsection shall not include punitive damages,
or interest for the period before judgment. Additionally,the City shall not be liable pursuant
to this indemnity to pay a claim or judgment by any one person which exceeds the sum of
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$200,000.00 or any claim or judgment,or portions thereof,which,when totaled with all other
claims or judgments paid by the City arising out of the incident or occurrence, exceeds the
sum of$300,000.00.
This section 10.0 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 the 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 the annual rental fee paid by Permittee under this Agreement.
13.0 Term; Termination. 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. Either party
may terminate this agreement, without penalty, upon 30 days written notice to the non-
terminating party.
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.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and
year written above.
CITY: PERMITTEE:
CITY OF WINTER SPRINGS, FLORIDA THE SCOTTISH-AMERICAN SOCIETY
OF CENTRAL FLORIDA, INC.
By: By:
Kevin L. Smith, City Manager Woodrow"Chip" Crawford, President
Scottish Festival and Highland Games Permit Agreement
City of Winter Springs/Scottish-American Society of Central Florida, Inc.
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