Agenda Item: Meeting Date: CA-2 01/21/16 MEMORANDUM TO: City Commission THROUGH: Robert DiSpirito, City Manage~ DATE: January 8, 2016

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1 Agenda Item: Meeting Date: CA-2 01/21/16 MEMORANDUM TO: THROUGH: DATE: FROM: SUBJECT: PRESENTER: RECOMMENDATION: BUDGET IMP ACT: City Commission Robert DiSpirito, City Manage~ January 8, 2016 Vince Gizzi, Director of Parks & Recreation Revocable License Agreement for The Merchants Association of Downtown Dunedin, "Mardi Gras Celebration" event Terry Trudell, Parks & Recreation Superintendent Approval of a Revocable License Agreement between the City of Dunedin and The Merchants Association of Downtown Dunedin for a Mardi Gras Celebration event on Tuesday, February 9, 2016 $150 License fee to the City and all City expenses to be paid by The Merchants Association of Downtown Dunedin PAST ACTION: NEXT ACTION: None The Mardi Gras event has been approved for the past twenty-four years. Approved road closure under the Blanket Road Closure List during the July 9, 2015 City Commission meeting. ATTACHMENTS: BACKGROUND: Revocable License Agreement The Merchants Association of Downtown Dunedin (DDMA) has held a Mardi Gras Celebration on Main Street for the past twentyfour years. The event has been very successful and has grown into one of Dunedin's signature events. In order to be consistent with other special events promoted by private organizations which involve the closure of public right-ofway, the Mardi Gras event will operate under the terms of a City of Dunedin Privately-Sponsored Event Revocable License Agreement.

2 The actual event date and time is Tuesday, February 9, 2016 from 4-11 :00 PM in Downtown Dunedin, with all sales and entertainment stopping at 11 :00 PM. The road closures, previously approved under the Blanket Road Closure request, will commence at 7:00 AM, Tuesday, February 9, 2016 until 7:00 AM, Wednesday, February 10, The remaining road closure times are to accommodate set-up, break down and clean-up activities. Staff will meet with representatives of the Promoter, as well as the Pinellas County Sheriffs Office, the Dunedin Fire Department, and the Traffic Division, regarding event layout, security, clean-up and other related issues to ensure a smooth and safe event. The Sheriffs deputies will extend their shifts until 3:00AM, four hours past the end of the event, to ensure that all patrons leave the downtown area in an orderly fashion. All reasonable efforts will be made to address the concerns of businesses and residents affected by the event. Based on the attached Revocable License Agreement, the DDMA will pay the City all costs related to the event for traffic control, clean-up, and any other City costs, as well as be required to pay a $150 license fee, in addition to a $2,000 damage and clean-up deposit. The DDMA will provide a liability insurance policy in the amount of $1,000,000, as well as a $500,000 liquor liability policy naming the City of Dunedin as additional insured. Included in the insurance is workers compensation or a certificate of exemption provided by the State of Florida. City Attorney Tom Trask has reviewed this Agreement and has approved as to form. City staff is recommending City Commission approval of a Revocable License Agreement with The Merchants Association of Downtown Dunedin for the Mardi Gras 2016 event.

3 CITY OF DUNEDIN PRIVATELY SPONSORED EVENT REVOCABLE.LICENSE AGREEMENT MARDI GRAS CELEBRATION THIS AGREEMENT, made and entered into this 21 st day of January 2016, by and between the City of Dunedin (hereinafter the "City"), a Florida municipal corporation, and The Merchants Association of Downtown Dunedin, Incorporated a Florida corporation (hereinafter the "Promoter"). For and in consideration of the mutual covenants herein made and agreed to be kept and perfm:med, the pat1ies do hereby agree as follows: 1. The City does hereby grant and the Promoter does by these presents accept a revocable license for the temporary use of public land identified as John R. Lawrence Pioneer Park, Ocean Optics parking lot, Broadway A venue from Scotland Street to Main Street, Railroad Ave West from Scotland Street to Main Street including the parking lot between the Blur and the Dunedin Historical Museum, Douglas A venue from Main S.treet to Virginia Lane, Virginia Lane from Douglas A venue to Main Street, and Main Street from Broadway A venue to Louden A venue (hereinafter referred to as "Event Site") for the sole use of the Promoter for the purpose of a Mardi Gras (the "Event"). Additional Street closures to include Douglas A venue from Scotland Street to Monroe Street; and Highland A venue from Virginia Street to Grant Street. In addition, Douglas Avenue bounded on the north by Skinner Boulevard and bounded on the south by Union Street, will be temporarily closed for the purpose of the Mardi Gras Parade. The Promoter shall not grant any rights of use or possession in the Event Site not specifically allowed herein. No other use or occupancy shall be made of said public land and such Event Site shall only be used within the dates and times as are specifically set forth herein and at no other date or time. The Promoter shall provide an Event Site Plan which will be approved by the Parks and Recreation Director. 2. This Revocable License Agreement grants only the temporaty and revocable right of use m the form of a temporary license and shall not be deemed to establish a landlord/tenant relationship between the parties or any other right in real propet1y that is cognizable under the terms of Chapter 83, Florida Statutes, or any other right of use or of occupancy or of possession except as 1

4 is otherwise specifically set forth herein. Any other right of use or occupancy, whic~ is not specified herein, shall not arise in any other manner from the license herein granted. 3. The Promoter shall have a right to occupy and use the Event Site beginning at 7:00A.M. on Tuesday, February 9, 2016, until 7:00 A.M. on Wednesday, February 10, 2016 for the purposes of Event set-up, active sales of food, non-alcoholic beverages, beer, wine, and merchandise, and for providing entertainment to the public, and clean up. The Event and active sales of food and beverages shall commence on Tuesday, February 9, 2016 from 4:00P.M. until 11:00 P.M. in the defined Event Site. Set up for the Event shall commence no earlier than 7:00 A.M. on Tuesday, February 9, 2016 and tear down and clean up shall occur commencing 11:00 P.M. on Tuesday, February 9, 2016 and end not later than 7:00A.M. on Wednesday, February 10, Except for activities as hereunder provided, the Event Site shall be occupied and used at no other dates and times. The portion of Douglas A venue, not included in the Event Site but closed for the parade, shall only be closed from 3:00P.M. until 9:00P.M. on Tuesday, February 9, Pinellas County Sheriffs deputies, as is warranted for crowd control or other public safety considerations, may make adjustments to the closed street area. 4. The Promoter and its employees and agents shall not be considered agents or employees of the City of Dunedin for any purpose whatsoever. The Promoter shall be responsible for the payment of all appropriate sales taxes to conduct sales activities in the Event Site. The Promoter shall be responsible for all petmits and licenses necessary for the conduct of sales activities in the Event Site including all Health Department or other regulatory agency approvals. Any violation of the licensing requirements, health requirements or of any other requirements of other regulatory or law enforcement agencies shall be deemed to be sufficient cause for the immediate revocation of this License Agreement and the removal of the Promoter. 5. The Promoter shall be responsible for provision of adequate law enforcement personnel as determined by consensus between the Promoter, City Staff and the Pinellas County Sheriffs Office. The Promoter will provide security by employing Pinellas County Sheriffs deputies during the Event time (Tuesday, February 9, 2016 from 4:00P.M. to 11:00 P.M.) and until 3:00A.M. on Wednesday, February 10,2016 to insure that the area is secure and the public safety protected. The Promoter may provide private security personnel for crowd control in addition to that of the 2

5 Sheriffs Office. 6. The Promoter shall be limited to the sales and distribution of only non-alcoholic beverages, beer, and wine within the Event Site. The sale and distribution of any other distilled beverages, spirits or hard liquor is prohibited within the Event Site. The Promoter shall be responsible for checking age identification and placing a wristband on the wrists of all persons 21 years of age or older prior to selling them beer and wine. Beer and wine sales within the Event Site shall occur only during the Event Time (Tuesday, February 9, 2016 from 4:00 P.M. until 11:00 P.M.) and when Sheriffs deputies are present. Beer and wine monitors must be at least 21 years of age or older and ensure entry/exit points are properly monitored. The Promoter is responsible for ensuring attendees do not bring alcoholic containers or beverages into or out of the Event Site. 7. The Promoter shall be responsible for providing assembly and the removal of all tents, tables and displays and other items of personal property used to conduct event activities. No tables or chairs or other items will be placed on public sidewalks which will remain open for public use. The Promoter shall be responsible for cleaning up the immediate vicinity of the Event Site, as well as the sun ounding area outside of the Event Site, during and after the Event of all trash, litter and garbage, including cleaning the street and removal of any offensive odors. The City will provide one staff person at Promoter's expense to assist the Promoter during the Event with emptying trash cans and cleaning up trash, litter and garbage of the sunounding area outside of the Event Site and areas affected by the Event, including City owned parking lots and public restrooms. Extra garbage dumpsters may be provided at Promoter's expense. Recycling containers will be provided by the City at no additional costs. The Promoter shall be responsible for placing recycling containers throughout the Event Site, following the instmctions provided by the Solid Waste and Recycling Program, and returning the recycling containers back to a pre-described location after the Event. All clean-up activities shall be concluded to the satisfaction of the City not later than 7:00 A.M. on Wednesday, Feb mary 10, Use of blowers, vacuums or other sorts ofloud cleaning equipment is prohibited between the hours of 11:00 P.M. and 7:00A.M. 8. The Promoter shall compensate the City of Dunedin for use of the Event Site, public land identified in Paragraph 1 above during the given dates and times as follows: a. $150 licensing fee, tax exempt 3

6 b. $2,000 damage and clean-up deposit c. Any expenses directly or indirectly incurred by traffic control, solid waste or other City services related to the safe operation of the Event. The licensing fee and the deposit in the amount of $2,150 are payable to the City by the Promoter not less than fourteen (14) calendar days prior to use date of the Event Site. After the Event, the City will provide an invoice detailing all direct and indirect expenses incurred from this Event. These expenses must be paid within fourteen (14) calendar days from the date of receipt of the invoice from the City. The damage and clean-up deposit shall be refunded in whole or in part upon satisfaction by the City that the Event Site and any other areas impacted by this Event as determined by the City have been properly cleaned up and any damages have been accounted for and repaired. If damage fees are less than $2,000, the remainder of the damage deposit, at the discretion of the City, may be applied to the monies due for City services or returned to the Promoter. 9. The Promoter shall indemnify and save the City of Dunedin harmless from any and all costs, judgments, fees, penalties, attorney fees, costs, fines and any and all charges whatsoever arising from the Promoter's use of the Event Site and such indemnification shall include the agents, officers, elected officials and employees of the City. As a condition precedent to the Promoter conducting sales activities within tht: Event Site, the Promoter shall deliver to the City a policy of liability insurance for personal injury and product liability in the amount of $1,000,000 and including liquor liability in the amount of $500,000 in the fonn as is otherwise established by regulations issued by the City Manager or as is suitable to the City Attorney. The Promoter shall include Worker's Compensation coverage on their insurance policy. If Promoter does not have Worker's Compensation coverage, the Promoter will provide the City with a Worker's Compensation Exemption Certificate. The City of Dunedin will be named as an additional insured on such insurance policies from the issuing insurance company. The lapse, cancellation or nondelivery of such insurance policies shall immediately cancel all rights of the Promoter under this Agreement without any further notice or action on the part of the City. The insurance policy will provide that before lapse, cancellation or change in the insurance policy that the City of Dunedin is notified of such lapse, cancellation or change. The required policy shall be delivered to the City not 4

7 less than fourteen (14) days prior to the use of the Event Site. 10. No vehicles shall be parked within the Event Site except for the purpose of assembly or dismantling displays or other items placed within the Event Site for sales activities unless special permission is granted by the City of Dunedin. The Promoter shall not make any modifications to the ground or improvements thereon in order to conduct sales activities. Any damage done to the improvements on the Event Site, including the asphalt paving, landscaping, curb stops or any and all improvements shall be corrected or repaired by the Promoter. 11. This Agreement and the license rights granted hereunder shall not be assignable by the Promoter to any other person, firm or corporation and shall be entirely personal to the Promoter. No other enterprises or activities shall be allowed to occupy or use the Event Site, except with the permission of the Promoter. No other sales activities may be conducted on or other use made of the Event Site. The City shall retain the absolute right to cancel this license as is above set forth and to allow the use of the site by other persons for any reason or purpose that it deems to be in the public interest without liability whatsoever to the Promoter for any lost profits or other damages that may be sustained by the Promoter because of the cancellation or reassignment of rights for the Event Site. 12. The Event is a permitted exception of the noise ordinance per Section (B). Broadcasting of music or other production of sound incident to the Event within the Event Site as approved by City employees, personnel or other persons placed in control or authority of the Event Site by the City may be allowed. All amplified sound will end at 11:00 P.M. The City and Pinellas County Sheriffs Office have the ability to regulate the level of and appropriateness of the amplified sound within the Event Site. 13. At all times, the City shall have the absolute right to disapprove the sale of any item that it deems inappropriate to be sold from City-owned property. The Promoter does hereby waive any and all claims for damages, lost profits, or any other economic loss or cost arising from a decision of the City to disapprove the sale of any item or material, including materials enjoying protection of the First Amendment of the Constitution of the United States. 14. The City Manager or his/her designee may adopt and issue regulations regarding the conduct of the Event or any other matters material to this Agreement and such regulations, upon 5

8 issuance by the City Manager or his/her designee, shall become a part of this Agreement and the Promoter shall be bound by the terms thereof. At all times the Promoter must obey all laws of the Federal, State, County and City and their administrative agencies while conducting this Event on City property. Failure to abide by the terms or conditions of this Agreement shall result in a minimum of$1,000 penalty fee payable to the City by the Promoter. 15. Time is of the essence in all aspects of this Agreement and failure to comply with any of the terms or conditions of this Agreement shall be deemed to be a material breach hereof. 16. Any and all previous agreements, oral or written, shall be void and of no further force and effect. No modifications shall be made in this Agreement between the patties unless such modification is in written form and executed with the same formality as this Agreement. 17. This Agreement shall not be recorded in the Public Records ofpinellas County. IN WITNESS WHEREOF, the patties hereto have set their hand and seals on the day and year first above written. ATTEST: CITY OF DUNEDIN: City Clerk (Seal) Mayor City Manager Approved as to Form City Attorney WITNESSES: PROMOTER The Merchants Association of Downtown Dunedin, Incorporated: By~--~ Gregory Brady, President 6