LETTER OF AGREEMENTTHE FLORIDA
ORCHESTRA
Michael Francis, Music Director
AGREEMENT, made and entered on Wednesday, April 26, 2023 by and between:
The Florida Orchestra
Attn. Kelvin Hill, Interim General Manager
244 2nd Avenue North, Suite 420
St. Petersburg, FL 33701
and
City of Clearwater
Attn. Jennifer Poirrier, City Manager
600 South Cleveland Street
Clearwater, FL 33755
This is a Letter of Agreement between The Florida Orchestra ("TFO") and the City of Clearwater for one (1) Performance at Coachman
Park. In consideration of the mutual terms and conditions of this Letter of Agreement, TFO and the city of Clearwater agree as follows:
1. TFO agrees to perform one performance of a park concert program at Coachman Park in Clearwater, Florida on Tuesday, July
4, 2023 beginning at 7:OOgm. The concert will last no longer than 2 hours in duration including one (1) fifteen (15) minute
intermission. Additionally, TFO would like to rehearse at Coachman Park on Tuesday. July 4, 2023 from 10:OOam-1:OOom.
That rehearsal will last for a period of 3 hours which includes a 25 minute intermission and should also serve as a sound
check with the sound engineer. TFO agrees to provide the musicians, the conductor (Robert Romanski), a vocal soloist (Devon
Meddock), the music, the stage manager, and all necessary musical instruments and related equipment. TFO shall provide a
detailed program, curated by Robert Romanski, to the City of Clearwater 30 days in advance of the performance and shall
retain exclusive rights to determine music to be performed. The conductor or soloist could change for unforeseen
circumstances.
2. TFO shall have access to the concert venue at least two (2) hours prior to the start of the rehearsal for load -in. The stage
must be clear of equipment or any other material that would hinder a smooth load -in. There should be adequate access for
the equipment truck near a loading dock and also parking for the orchestra musicians and staff proximal to the facility. TFO
would prefer to store equipment on site between the rehearsal and concert if there is a secure location on site.
3. Any and all expenses incurred in obtaining the use of the facility and preparing it for the concert and any related activities
shall be at the City of Clearwater's expense. These expenses shall include but not be limited to hall rental, cost of utilities,
custodian fees, box office services, ushering services, security, insurance, parking, and all licenses, permits and/or any
required authorization. The City of Clearwater shall ensure that the performance venue and stage area are accessible for an
amount of time sufficient for setting up prior to the rehearsal and concert or for any related activity.
4. Coachman Park should provide sufficient space backstage to serve for warm up, as a dressing room for the conductor, the
Vocal Soloist, the Concertmaster and men's and women's dressing rooms for the musicians. Full stage lighting (all white light,
no gels) is required for warm up prior to the concert, the concert itself, and at intermission. Coachman Park will also provide
wireless microphones for the conductor and vocal soloist. The onstage temperature shall be maintained as close to 72
degrees Fahrenheit as possible, and best efforts should be made so that the temperatures never fall below 64 and nor above
90 degrees Fahrenheit.
5. This concert will be free to the general public although costs of advertising, promotion, ticket printing, and box office services
shall be the primary responsibility of the City of Clearwater. TFO shall provide publicity information and support, including
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photographs, necessary for promoting the concert event. Please note that any public advertising must be approved by TFO
marketing staff before publication. TFO will provide a listing on its website and social media if desired by the City of
Clearwater. Primary contact for the TFO marketing department is Kelly Smith, Chief Communications Officer
(ksm ith@floridaorchestra.org).
6. The City of Clearwater agrees that neither the concert, rehearsal, nor any part thereof may be recorded, videotaped,
transmitted by radio, television, telephone, or any other means without prior written consent of TFO.
7. The Parties will be responsible for their own actions and shall only be liable for damages resulting from said actions. Nothing
herein is intended to serve as a waiver of sovereign immunity by the City of Clearwater or any provision of Section 768.28,
Florida Statutes. Nothing herein shall be construed as consent by the City of Clearwater to be sued by third parties in any
matter arising out of this Letter of Agreement. The provision shall not be construed as an indemnification clause.
8. The City of Clearwater will guarantee a fee of eighty thousand dollars ($80,000) payable by check to "The Florida Orchestra".
An invoice will follow signed acceptance of this contract. TFO will be responsible for remuneration to Robert Romanski
(conductor), Devon Meddock (vocalist), all musicians and staff, plus IATSE stage crew engaged for the production of this
event.
9. TFO will provide a standard technical rider for this performance. Included in that rider will be wireless microphones for the
conductor and vocal soloist. Any checks for sound levels or lighting can be accomplished during the rehearsal on July 4, 2023.
10. This Letter of Agreement is subject to all normal terms of Force Majeure, in that if the concert is cancelled due to sickness,
accident, riot, strike, lockout, inclement weather including a hurricane or tropical storm, an act of God or any other legitimate
condition(s) beyond either party's control, both parties shall be relieved of the obligations hereunder.
AS AGREED:
FOR THE FLORIDA ORCHESTRA:
FOR THE CITY OF CLEARWATER:
Kelvin Hill, Interim G: eral Manager Jennifer Poirri'City Manager, City of Clearwater
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Ayo, Ellen
From: Marsalek, Kerry
Sent: Tuesday, June 13, 2023 12:32 PM
To: DeMilo, Patricia
Cc: Koch, Kris; Lockwood, Mike; Ayo, Ellen; Isabel, Melissa
Subject: FW: Contract - The Florida Orchestra - ready for signature
Attachments: 2023 TheFloridaOrchestra - Clearwater Contract July 4 2023.pdf
Hi Paty,
Attached is the Florida Orchestra Contract that is ready for CM Poirrier's signature.
Melisa Isabel has reviewed and approved this contract for the CM's signature.
Ellen Ayo will bring the printed contract to you today for signature.
Thank you,
Kerry
Kerry Marsalek
Program Senior Manager
Parks and Recreation Department
City of Clearwater 727-562-4919
From: Isabel, Melissa <Melissa.lsabel@myclearwater.com>
Sent: Tuesday, June 13, 2023 12:22 PM
To: Marsalek, Kerry <Kerry.Marsalek@myClearwater.com>
Subject: RE: Contract - The Florida Orchestra - ready for signature
Yes I have reviewed and approved
Melissa Isabel
Senior Assistant City Attorney
Legal Advisor to the Clearwater Police Department
645 Pierce Street
Clearwater, FL 33755
(727) 562-4467 Office
melissa.isabel@myclearwater.com