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R-86-0450
J-86-482 8/8/86 RESOLUTION NO. 8E--450: A RESOLUTION ESTABLISHING A SCHEDULE OF CONCESSION FEES AND COMPENSATION FOR THE GRANTING AND EXERCISE OF CONCESSION PRIVILEGES IN CITY PARKS. WHEREAS, the City of Miami of Miami encourages and supports the use of City parks for recreational and cultural events by oivio-minded organizations, nonprofit groups, and the convention industry; and WHEREAS, under certain circumstances, the offering for sale, rental or trade of appropriate merchandise and/or goods is a desirable feature of recreational and/or cultural events and programs; and WHEREAS, the City Commission is presently considering an ordinance that authorizes the City Manager to issue permits to allow such sale, rental or trade to take place within the limits of any City park; and WHEREAS, it has been determined by the City Manager and the Director of the Department of Parks and recreation that the value of such fees and compensation as detailed herein allows an equitable return to the City and to Concessionaires as a result of the exercise of authorized concession privileges; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The attached Schedule of Concession Fees and Compensation, which is incorporated herein by referenoe thereto, is hereby established as the authorized schedule of financial —. return to be paid to the City by Concessionaires for the granting of concession privileges to be exercised within the limits of City parks. MY COMMOSION KUMNC OF Svwe lal W6 8—450#' tam�, he. Seotion 2. The provisions of the herein resolution shall be operative upon the adoption of the appropriate enabling ordinanoe.— PASSED AND ADOPTED this 12th day of JUNE , 1988. XAVIER L. SUAAEZ, M&OR ATT MAT Y HIRAI, CITY CLERK PREPARED AND APPROVED BY: WAW ler ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED S TO FORM ORRECTNESS: LUC A A. DOUGHERTY, TY A ORNEY RFC/rr/M142 8G-45G J-86-482 SCHEDULE OF CONCESSION FEES AND COMPENSATION CITY OF MIAMI PARKS I. REGULAR, CONTINUOUS CONCESSIONS A. Duration: Monthly, seasonal, or annual B. Method of Determination: RFP or bid or competitive process, wherever practicable C. Enabling Document: fully exected contractual agreement D. Compensation and or Fee: minimum 20% of gross receipts as ascertained by audit by certified public accountant or other approved independent accounting practice II. TEMPORARY, NON-EXCLUSIVE CONCESSION PERMITS A. General ' 1. Duration: may not exceed seven (7) days total operation for a given event or program - must be issued in connection with a special Event or program 2. Method of Determination: For City -sponsored events, wherever practicable: RFP, bid or competitive process. For events/programs sponsored by outside organizations: method to be determined by sponsor. 3. Enabling Document: fully executed concession permit, with, where applicable, complete listing of sub -concessionaires, items and pricing, and detail of payment arrangement between sponsor - concessionaire and sub -concessionaires _015"4. Gross Receipts: will be determined by opening _ and closing inventories of vendor stock, and shall be based at the retail value of all items I sold less State of Florida Sales Tax. �I 5. Vendor: as used in this Schedule of Fees and Compensation, shall be defined as the actual operator of a concession stand, booth or structure. Depending on the arrangement of an event, the vedor may be either a Concessionaire or Sub -Concessionaire B. Permit Application Fees -�if "r 1. All application fees shall be payable in advance. The application fee shall considered as a pre- payment or deposit and will be deducted from the total monies due the City. 86--450� �j J-86-482 SCHEDULE OF CONCESSION FEES AND COMPENSATION CITY OF MIAMI PARKS I. REGULAR, CONTINUOUS CONCESSIONS A. Duration: Monthly, seasonal, or annual B. Method of Determination: RFP or bid or competitive process, wherever practicable C. Enabling Document: fully exected contractual agreement D. Compensation and or Fee: minimum 20% of gross receipts as ascertained by audit by certified public accountant or other approved independent accounting practice II. TEMPORARY, NON-EXCLUSIVE CONCESSION PERMITS A. General ? 1. Duration: may not exceed seven (7) days total operation for a given event or program - must be issued in connection with a special Event or program 2. Method of Determination: For City -sponsored events, wherever practicable: RFP, bid or competitive process. For events/programs sponsored by outside organizations: method to be determined by sponsor. 3. Enabling Document: fully executed concession permit, with, where applicable, complete listing of sub -concessionaires, items and pricing, and detail of payment arrangement between sponsor - concessionaire and sub -concessionaires 4. Gross Receipts: will be determined by opening and closing inventories of vendor stock, and shall be based at the retail value of all items sold less State of Florida Sales Tax. 5. Vendor: as used in this Schedule of Fees and Compensation, shall be defined as the actual operator of a concession stand, booth or structure. Depending on the arrangement of an event, the vedor may be either a Concessionaire or Sub -Concessionaire B. Permit Application Fees 1. All application fees shall be payable in advance. The application fee shall considered as a pre- payment or deposit and will be deducted from the total monies due the City. 0 0 SCHEDULE OF FEES A14D COMPENSATION page 2 2. Fee Schedule a. City Sponsored Events: $50.00 per vendor per event b. Not -for -Profit Events: $20.00 per day per event (assessed in lieu of compensation) C. Fund -Raisers or Community Events, All sponsors other than City: $200.00 per day, per event d. For Profit Events, All Sponsors: $500.00 per day per event, or $150.00 per vendor (sub - concessionaire) per day, whichever is greater C. Compensation j 1. City -Sponsored Events a. Attendance over 5000 persons per day (1) minimum 25% of gross receipts from each x vendor where competive proposals or bids are received (2) 25% of gross receipts from each vendor where competitive processes are not practicable (3) flat fee of $125.00 per vendor per day where inventory cannot be readily ascertained b. attendance under 5000 persons per day (1) minimum 15% of gross receipts from each vendor where competitive proposals or x bids are received s (2) 15% of gross receipts from each vendor where competitive processes are not practicable 3 (3) flat fee of $75.00 per vendor per day where inventory cannot be readily ascertained 2. Not -for -Profit Event: no compensation required. Application fee of $20.00 per day required in advance. (Payable by sponsor.) 3. Fund -Raising, Charitable or Community -Oriented Event Sponsored by Non -Profit, Civic, Profit or other Groups: a. Where sponsor provides and operates all concessions - City shall receive 5% of gross receipts b. Where sponsor receives entry fee from vendors (sub -concessionaries), City shall receive 15% of entry fee revenue ' c. Where vendors (sub -concessionaires) donate a percent of their receipts to charity or event =ems beneficiary: {j (1) where 10% or more is donated by vendor (sub -concessionaire), City shall receive 5% t of gross receipts (2) where less than 10% is donated by vendor (sub -concessionaire), City shall receive an equal percentage d. A flat fee of $50.00 per vendor per day shall apply where inventory cannot be readily K ascertained. ©�-4SV'0 =® SCHEDULE OF FEES AND COMPENSATION page j 4. For -Profit Event, For -Profit Sponsor a. City shall receive $1,000.00 per day or 35% of gross receipts whichever is greater. D. Pavment Application fees and flat compensatory fees shall be payable two (2) weeks in advance of the 1st day of the event. All ofther compensation will be payable and collected at the close of each event day.