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Home My WebLink AboutR-92-0818RESOLUTION NO. 49 2 " 18 A RESOLUTION, WTTI1 ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE ORANGE BOWL COMMITTEE, ("COMMITTEE"), TO PROVIDE FOR THE SALE OF BEVERAGE, FOOD AND NOVELTIES DURING THE KING ORANGE JAMBOREE PARADE ("PARADE"); AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FOLLOWING ENTITIES DESIGNATED BY THE COMMITTEE AS SPONSORS AFFORDED CERTAIN EXCLUSIVE FOODS, BEVERAGES OR NOVELTIES CONCESSION RIGHTS IN THE PARADE AREA: KODALUX ("KODAK"), COCA -COLA, INC., AND THE LIONS CLUB. WHEREAS, the Committee will conduct the Parade on December 31, 1992; and WHEREAS, the City and the Committee desire to enter into an agreement with regards to the sale of beverage, food and novelties in the grandstands, other seating facilities and staging and dispersal Parade areas; WHEREAS, the Committee has designated Kodak, Coca-Cola, Inc., and the Lions Club as sponsors with certain exclusive food, beverages or novelties concession rights in the Parade area; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: U E= C 1 Q 1992 Rvr ,:Jution Ito. 92- 818 Sec:ti_on I `I'11[= a_i-tals and f .ndl _n.ds cont-Ii nod i-ll 1-lie Pi ear,�ble to 1 1i-is Resolut.i_on are he-rehy adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an agreement 1/, in substantially the attached form, with the Committee, to provide for the sale of beverage, food and novelties .in the grandstands, other seating facilities and staging and dispersal Parade areas. Any and all proceeds and fees due to the City from the sale of such items will be allocated to the Bayfront Park Management Trust ("Trust") and City of Miami Employee Incentive Program. Section 3. The City Manager is hereby authorized to enter into the necessary contracts l/, in a form acceptable to the City Attorney, with Kodak, Coca-Cola, Inc., and the Lions Club for certain exclusive food, beverages or novelties concession rights in the Parade area. Any and all proceeds due to the City from the sale of such items will be allocated to the Trust. Section 4. This Resolution shall become effective immediately upon its adoption. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 92- 818 PASSED AND ADOPTEl) Ulis clay of Decomber 199 2 ATTEa MKTTY, —liIRA—I— CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUINN 01,11- S, III I CITY ATTA EY CLL:ra:M3327 -3- XAY,T-8R L. SUARE4OR� —M��AY-- Zi 92- 818 This Agreement entered into this _ day of , 1992 by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and the ORANGE BOWL COMMITTEE, a Florida corporation not for profit (hereinafter referred to as "COMMITTED;"). RE-ITAL : WHEREAS, the King Orange Jamboree Parade (the "Parade") focuses national and international attention on the City of Miami and thus provides the CITY with publicity of inestimable value; and WHEREAS, the Parade draws thousands of both participants and spectators to the City of Miami and therefore has great benefit and positive impact on the economy of the CITY; and WHEREAS, there exists a history and tradition of the COMMITTEE staging the Parade in the downtown area of the CITY, upon the streets of the CITY including those designated as Biscayne Boulevard and Flagler Street, usually on New Year's Eve or another designated day preceding the day declared New Year's Day. NOW, THEREFORE in consideration of the premises and the mutual covenants hereinafter contained to be observed and performed, and for $1.00 and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby covenant and agree as follows; 92- 818 This Agreement shall. be valid from the date of execution through January 2, 1993. IT. 5213�5�1413RT_ RT Nothing in this Agreement shall grant to the COMMITTEE any rights to sell or serve food, beverages or novelties, or to share in the profits for the sale of the same, except seating tickets and officially licensed products of the COMMITTEE, and the COMMITTEE agrees that it shall not engage in the sale of any food, beverages, novelties or any other articles whatsoever, or share in the profits for the sale of the same, except seating tickets and officially licensed products of the COMMITTEE, either in the grandstands, other seating facilities or the staging and dispersal Parade areas ("Designated Area"). The COMMITTEE shall not, nor shall it permit any of its officers, agents or employees to, engage in such prohibited activities. The COMMITTEE shall be responsible for providing to the City the names of the entities to be afforded food, beverages or novelties concession rights in the Designated Area. The CITY shall pay the COMMITTEE fifty percent (50%), after costs, of any fee(s) received by the City derived from the issuance of permit(s) or the granting of any rights to a manufacturer or distributor designated by the Committee to distribute or sell any particular food, -2- 9 2 " 818 beverages, novelties, or any other article whatsoever in the grandstands and other. seating .facilities along the Parade route. e The CITY shall pay the COMMITTEE five percent (5%), after costs, of any fee(s) received by the CITY derived from the issuance of permit(s) or the granting of any rights to a manufacturer or distributor designated by Committee to distribute or sell any particular food, beverages, novelties, or any other article whatsoever, except programs, in the Designated Area except the grandstands and other seating facilities along the Parade route. The COMMITTEE shall pay the CITY Five Hundred Dollars ($500.00) and twenty percent (20%) of the net profits for the sale of programs in the Designated Area. RELATION TO PARADE AGREEMENT: This Agreement is entered into in conjunction with and as an integral part of an agreement between the same parties for the staging of the ring Orange Jamboree Parade ("Parade Agreement") dated November 1, 1991, between the Citv and the Committee. Nothing in this Agreement is intended to affect or amend the rights and obligations of the parties set forth in the Parade Agreement including without limitation Section 10 thereof. lM RELATIONSHIP OF PARTIES: This Agreement shall not be deemed or construed to create any agency relationship, partnership, or joint venture between - the CITY and the COMMITTEE. -3- 92- 818 y_i— . NQT_;[CLS_ Unless otherwise provided herein to the contrary, all notices required under the Agreement shall be deemed to be given when hand -delivered (with receipt therefor) or mailed by registered or certified mail, postage prepaid, return receipt requested if addressed: As to the Committee: As to the City: With a copy to: NON-DELEGABILITY: The Orange Bowl Committee Orange Bowl Stadium P.O. Box 350748 Miami, Florida 33135 Attn: Executive Director City Manager's Office 3500 Pan American Drive Miami, Florida 33133 Attn: Cesar H. Odio City Manager City of Miami City Attorney's Office 300 Biscayne Boulevard Way Dupont Plaza Center Suite 300 Miami, Florida 33131 Attn: A. Quinn Jones, III City Attorney The Agreement may not be transferred or assigned by the COMMITTEE without the prior express written consent of the CITY. VIII_ The Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof; 92- 818 no alteration, amendments or modifications shall be vo,1J.d unless executed by an instrument, in writing, signed by all parties and approved by the CITY. IX. BMW QRS D AS�ZZ 13 _ All terms and conditions of the Agreement shall be binding upon the parties, their successors and assigns, and cannot be varied or waived by any oral representation or promise of any agent of the parties hereto or any other person, unless the same be in writing and mutually signed by the duly authorized agent or agents executing the Agreement. X. GOVERNING LAW: The Agreement shall be construed according to the laws of the State of Florida and venue shall be in Dade County. XI. NONDISCRIMINATION: The COMMITTEE shall not discriminate against any persons on account of race, color, sex, religion, creed, ancestry, national origin, or handicap in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals affixed hereto this the date and year first written above. -5- w % b18 ATTEST: MATTY HIRAI City Clerk ATTEST: Florida Corporate Secretary APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III City Attorney CLL/ra/M312 12/10/92 11:00 A.M. CITY OF MIAMT. , a municipal. corporation of the State of Florida fly - CESAR H. ODIO City Manager ORANGE BOWL COMMITTEE, corporation not for profit By -- President (Seal) a