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HomeMy WebLinkAboutR-86-0329J-86-382 RESOLUTION NO.�;- A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST OF B. N. M. ATTRACTIONS, INC. TO SELL BEER AND WINE FOR A ONE -DAY PERIOD IN CONNECTION WITH ITS "REGGAE JAM IN THE PARK" CELEBRATION TO BE HELD JUNE 8, 1986 IN PEACOCK PARK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE -DAY NON-EXCLUSIVE CONCESSION AGREEMENT WITIi SAID ORGANIZATION IN ESSENTIALLY THE FORM ATTACHED HERETO; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW AND COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. WHEREAS, the B. N. M. Attractions, Inc. has planned a "Reggae Jam in the Park" for June 8, 1986 to benefit Caribbean Award, a non-profit cultural organization; and WHEREAS, the event will take place in Peacock Park and will include representative musical entertainment, and sales of food, beverages, beer, wine and promotional items; and WHEREAS, B. N. M. Attractions, Inc. has requested permission to sell beer and wine for the one -day period from June 8, 1986 in connection with the Reggae music celebration; and WHEREAS, Ordinance No. 10085 of March 18, 1986 authorized the City Manager or his designee to permit the sale of beer and wine under certain prescribed conditions, specifically excluding those events commonly referred to as "rock concerts"; and WHEREAS, Ordinance No. 9818 of April 5, 1984, authorized the City Commission to permit the sale of beer or wine in soft containers in any City park upon such conditions and limitations as the City Commission shall prescribe; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Upon the issuance of a temporary permit by the Florida State Department of Business Regulation, Division Alcoholic Beverages and Tobacco, to sell beer and wine, and pursuant to the City Code, the request of B. N. M. Attractions, Inc. to sell beer and wine for a one -day period in connection with its "Reggae Jam in the Park" Celebration, to be held in CITY COMMISSION MEMNG OF MAY 7 M0 Kw u .' 1 Peacock Park on June 8, 1986, is hereby granted in compliance with Ordinance No. 9818, further subject to the issuance of all permits required by law. Section 2. The City Manager is hereby authorized to execute a one -day non-exclusive concession agreement with B. N. M. Attractions, Inc. in substantially the form attached. Section 3. The aforementioned authorizations and approvals are subject to and contingent upon the organization's compliance with any applicable administrative directive and/or requirements. PASSED AND ADOPTED this 7th day of MAY , 1986. 4Z� �- XAVIER L. SUAREZ MAYO R PREPARED AND APPROVED BY: Robert F. Clark Chief Deputy City Attorney APPROVED XS TO FGRM AND CORRECTNESS: Lucid A. Dougnerty, City Attorney J ®6-329. It I AGREEMENT This Agreement entered into this day of , 1986, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and the B.N.M. Attractions, Inc., hereinafter referred to as "CONCESSIONAIRE". RECITAL: WHEREAS, CONCESSIONAIRE has planned a "Reggae Jam in the Park" for June 8, 1986 in Peacock Park, during which selected items will be sold; and WHEREAS, the Department of Parks and Recreation is vested with jurisdiction over and control of all CITY parks and is responsible for the operation of various concessions as may be necessary, desirable or convenient for the use of the public for healthful recreation; and WHEREAS, CONCESSIONAIRE shall use the proceeds to cover expenses for the festival and to raise funds for Caribbean Award, Inc., a non-profit cultural organization. WHEREAS, the City Commission by Resolution No. of , authorized the City Manager to enter into an agreement with CONCESSIONAIRE; NOW, THEREFORE, CITY and CONCESSIONAIRE do mutually agree as follows. 1. TERM: This Agreement shall grant 'concession privileges for a one -day period on June 8, 1986, during the hours of the scheduled "Reggae Jam in the Park". Should inclement weather or any unforeseen reason cause the rescheduling of said event, the City Manager or page 1 86-328. MEOW ,t.; ... his appointed designee shall authorize approval for said rights to be in full force and effect for the agreed upon rescheduled date. 2. SCOPE OF SERVICES: A) CONCESSIONAIRE is hereby authorized to conduct the following kinds of businesses and to provide the following kinds of services: (i) sub -leasing of booth space to assigned vendors (ii) sales of food and non-alcoholic beverages by CONCESSIONAIRE and assigned vendors (iii) Pursuant to Resolution No. of , 1986 beer and/or wine may be sold in soft containers by assigned, permitted non-profit organizations, subject to compliance with conditions stipulated by Ordinance No. 10085 of March 18, 1986 (iv) sales of art and promotional items by CONCESSIONAIRE and assigned vendors (v) production of musical entertainment and other performing arts by CONCESSIONAIRE B) It is expressly understood that all proposed concession activ- ity must be submitted to the Department of Parks and Recreation for approval no later than (15) fifteen working days prior to the event, and that no such activity shall conflict with any existing non-exclusive concession contract effective for said property. CONCESSIONAIRE has been apprised of all such contracts. C) Except as otherwise noted in paragraph 2(A) above, no liquor or other alcoholic beverages of any kind shall be sold, offered, or given away by authorized concessions in Peacock Park. No gambling shall take place, including any drawing for prizes. All concessions shall have current licenses normally required by the City or State for such concessions as required by the City Code. D) CONCESSIONAIRE shall be solely responsible for any and all expenses related to Fire, Police, Sanitation and any other services related to this Agreement as deemed necessary by the City to ensure the safety and welfare of the participants and attendees. page 2 86--329 3. COMPENSATION: A) CITY shall pay CONCESSIONAIRE no compensation in connection with this Agreement. B) CONCESSIONAIRE shall pay CITY no compensation in connection with this Agreement. 4. GENERAL CONDITIONS: A) All notices or other communications which shall or may be - given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CONCESSIONAIRE - B.N.M. Attractions, Inc. 8219 S.W. 72nd. Anenue Suite 147 Miami, Florida 33143 CITY OF MIAMI - 2600 South Bayshore Drive Miami, Florida 33133 B) Titles and paragraph headings are for convenient reference and are not a part of this Agreement. C) In the event of conflict between the terms of this Agreement and any terms or conditions contained in documents, the terms in this Agreement shall rule. D) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E) Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or CITY, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws or if page 3 86-32E 4 not modifiable to conform with such laws, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 5. DEFINITION OF CONCESSIONAIRE: It is expressly understood and agreed that no part, panel, building, structure, equipment, or space is leased to CONCESSIONAIRE, that this privilege is that of a concessionaire, and not a Lessee, that CONCESSIONAIRE'S right to operate the concession(s) shall continue only so long as the concession's operation complies with the undertaking, provisions, agreements, stipulations and conditions of this Agreement. 6. CO -PARTNERSHIP: Nothing herein contained shall create or be construed as creating a co -partnership between CITY and CONCESSIONAIRE as to constitute CONCESSIONAIRE as an agent of CITY. 7. CUSTODIAN SERVICES AND MAINTENANCE: CONCESSIONAIRE agrees to service and maintain the area, via a volunteer clean-up crew or contracted services, paid for by CONCESSIONAIRE, so as to leave the area in the same cleanliness and condition in which it was accepted. 8. UTILITIES: CONCESSIONAIRE shall hereby be responsible for all utility requirements of concession operation(s) other than those currently available at the park site and shall obtain the approval of the City Manager or his designee prior to installation of any such requirement. 9. RIGHT TO INSPECTION OF PREMISES: CONCESSIONAIRE agrees that the concession facilities and premises may be inspected at any time by authorized representatives of CITY or by any other state or county office or agency having page 4 86--329 It I responsibility for inspection of operations. CONCESSIONAIRE agrees to undertake immediately the correction of any deficiency cited by such inspectors or to immediately remove said concession from the site. 10. INTERFERENCE: CONCESSIONAIRE hereby waives all claims for compensation for loss or damage sustained by reason of interference by any public agency or official in the operation of this concession; any such interference shall not relieve CONCESSIONAIRE from any obligation hereunder. 11. INDEMNIF ICAT ION : CONCESSIONAIRE shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and cause or action, which may arise out of CONCESSIONAIRE'S activities under this Agreement, including all other acts or ommissions to act on the part of CONCESSIONAIRE, including any person acting for or on his/her behalf and, from and against an orders, judgements or / 9 Y 9 decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. 12. INSURANCE: CONCESSIONAIRE shall obtain Special Events Liability Insurance Coverage through the CITY, and shall remit to the CITY the cost for such extension of said coverage. Amount(s) and types(s) of liability coverage, as well as fees for this extension, shall be as specified by the Risk Management Division, Finance Department. CONCESSIONAIRE shall complete this arrangement not later than ten (10) working days prior to the event. 13. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. page 5 86--32&'. 14. LIMITATION ON USE OF FACILITY: CONCESSIONAIRE shall not use, nor suffer or permit any person to use, in any manner whatsoever, the assigned concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation or of any other governmental clause, rule or regulation now in effect or hereafter enacted or adopted. 15. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. 16. INDEPENDENT CONTRACTOR: CONCESSIONAIRE and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further its employees and agents shall not be deemed entitled to Florida Worker's Compensa- tion benefits as an employee of the CITY. 17. NON-DELEGABILITY: The obligations undertaken by CONCESSIONAIRE pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 18. NON-DISCRIMINATION: CONCESSIONAIRE agrees that there shall be no discrimination as to race, sex, color, creed, national origin, or handicap in connection with any operations under this Agreement. page 86-329: It it 14. LIMITATION ON USE OF FACILITY: CONCESSIONAIRE shall not use, nor suffer or permit any person to use, in any manner whatsoever, the assigned concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation or of any other governmental clause, rule or regulation now in effect or hereafter enacted or adopted. 15. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. 16. INDEPENDENT CONTRACTOR: CONCESSIONAIRE and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further its employees and agents shall not be deemed entitled to Florida Worker's Compensa- tion benefits as an employee of the CITY. 17. NON-DELEGABILITY: The obligations undertaken by CONCESSIONAIRE pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 18. NON-DISCRIMINATION: CONCESSIONAIRE agrees that there shall be no discrimination as to race, sex, color, creed, national origin, or handicap in connection with any operations under this Agreement. page all 8f --329. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 20. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 21. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 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 to be affixed hereto, all as of the day and year first above written. CITY OF MIAMI, a municipal corporation ATTEST: of the State of Florida By Matty Hirai, CESAR H. ODIO City Clerk CITY MANAGER ATTEST: CONCESSIONAIRE: By CORPORATE SECRETARY PRESIDENT (SEAL) APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: Division of Risk Management Lucia A. Dougherty, City Attorney page 86---329 IV I CORPORATE RESOLUTION WHEREAS, the Board of Directors of B.N.M. Attractions, Inc. has examined the terms, conditions and obligations of the proposed contract with the City of Miami for concession privileges at Peacock Park on June 8, 1986. WHEREAS, the Board of Directors, at a duly held corporate meeting, have considered the matter in accordance with the by- laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF B.N.M. Attractions, Inc. that the president and secretary are hereby authorized and instructed to enter into a contract in the name of, and on behalf of this corporation, with the City of Miami for concession privileges at Peacock Park June 8, 1986, in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the City of Miami. IN WITNESS WHEREOF, this day of , 1986: CHAIRMAN, Board of Directors ATTEST: CORPORATE SECRETARY (SEAL) page 9 86-32Q IV It CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM ,0 Honorable Mayor and Members of the City Commission room Cesar H. Odio City Manager 0 OATE: MAY 1 im FILE: Resolution Allowing Sales SUBJECT: of Beer, Wine and other Goods for a "Reggae Jam" in Peacock Park REFERENCES: ENCLOSURES: It is recommended that a resolution be passed concerning the "Reggae Jam in the Park" Celebration to be held June 8, 1986 in Peacock Park, granting the request of B. N. M. Attractions, Inc. to sell beer and wine during the scheduled hours of the event, subject to the issuance of a temporary permit by the State of Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, further authorizing the City Manager to execute a one -day non- exclusive concession agreement with said organization. B. N. M. Attractions, Inc. has requested permission to hold a "reggae Jam in the Park" on June 8, 1986 in Peacock Park. The event will be a celebration of island culture, featuring music, food, and beverages. Funds raised from the event will benefit Caribbean Award, a non-profit social and cultural organization. Ordinance No. 10085 of March 18, 1986 authorized the City Manager to permit the sale of beer and wine under certain prescribed conditions, specifically excluding those events commonly referred to as "rock concerts". Ordinance No. 9818 (of April 5, 1984) , authorizes the Commission to allow such sales where appropriate. It is recommended that this group be allowed to sell beer (in soft containers) in Peacock Park during the scheduled hours of the one -day event. This authorization will be subject to the issuance of the required temporary State permit and contingent upon compliance with the more stringent administrative directives and requirements, including the hiring of off -duty Police and provision of insurance coverage. It is also requested that a concession agreement be executed allowing them to sell other beverages, food, and promotional items. Sf -321 .