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HomeMy WebLinkAboutR-86-0242i i J-86-304 ' z r 1.1 RESOLUTION NU.8G"`"242 A RESOLUTION GRANTING THE REQUEST OF SOUTH FLORIDA REGION ANTIQUE AUTO CLUB OF AMERICA TO SELL FOOD, NON-ALCOHOLIC BEVERAGES, AR,r6, AND CRAFT ITEMS FOR A TWO-DAY PER10D IN CONNECTION WITH THE ANTIQUE AUTO SHOW i-LND ARTS FAIR TO BE HELD MAY 24 AND 25, 1986, IN PEACOCK PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-DAY NON-EXCLUSIVE CONCESSION AGREEMENT IN SUBSTAN'iTALLY THE FORM ATTACHED HERETO; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW AND COMPLIRNCE WITH SUCH CONDITIONS AND LlMlTATIONS A6 MAY BE PRESCRIBED BY THE CITY OF MIAMI. WHEREAS, the South Florida Region Antique Club of America has planned an Antique Auto Show and Art Fair in Peacock Park for May 24 and 25, 1986; and WHEREAS, said sponsor has requested permission to sell food, non-alcoholic beverages, art, and craft items for a two-day period during the event; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Upon the issuance of all permits required by law, and contingent upon compliance with any applicable administrative directives and/or requirements, the request of South Florida Region Antique Auto Club of America to sell food, non-alcoholic beverages, art and craft items for a two-day period in connection with the Antique Auto Show and Art Fair to be held on May 24 and 25, 1986 in Peacock Park is hereby granted. Section 2. The City Manager is hereby authorized to execute a two-day non-exclusive concession agreement with the South i Florida Region Antique Auto Club of America in substantially the form attached hereto. PASSED AND ADOPTED this 10th day of APRIL , 1986. XAVIER L. 50AREZ ATT T MAYOR CITY COMMISSION MEETING OF MAT HIRAI, CITY CLERK APR0-8 t U, . 'Qr2- -- gflAARlce. W'm PREPARED AND APPROVED BY: R BERT F. CLARK CHIER DEPUTY CITY ATTORNEY APPROVED Li%J C%. uvvv CITY ATTORNEY FORM AND CORRECTNESS: AGREEMENT This Agreement entered into this day of , 1966, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and the Antique Auto Club of America South Florida Region, hereinafter referred to as "CONCESSIONAIRE". RECITAL: 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: wishes to hold an Antique Auto Show and Arts Fair in Peacock Park on May 24 and 25, 1986; and WHEREAS, CONCESSIONAIRE shall use the proceeds to cover costs for the event and to raise funds for production of other fprograms throughout the year. i WHEREAS, the City Commission by Resolution No. of authorized the City Manager to enter into an agreement with CONCESSIONAIRE; l NOW, THEREFORE, CITY and CONCESSIONAIRE do mutually agree as follows: 1 1. TERN: This Agreement shall grant concession privileges for a two-day period on May 24 and 25, 1986, during the hours of the scheduled Antique Auto Show and Art Fair. Should inclement weather or any unforeseen reason cause the rescheduling of said event, the City Manager or his appointed designee shall authorize approval for said rights to be in full force and effect for the agreed upon rescheduled date. 1 Y.? ;I 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 -lease of booth space to assigned vendors (ii) sales of food, non-alcoholic beverages, arts and crafts ell . by assigned vendors �t B) It is expressly understood that all proposed concession activ- e ity must be submitted to the Department of Parks and Recreation for approval no later than (15) fifteen working days prior to the :.j event, and that no such activity shall conflict with any existing non-exclusive concession contract pertaining to said property. CONCESSIONAIRE has been apprised of all such contracts. C) No beer, wines, liquor or other alcoholic beverages of any �b kind shall be sold; offered; or given away by authorized r concessions in Peacock Park. No gambling shall take place, ` k.. including any drawing for prizes. All concessions shall have current licenses normally required b the City or State for such Y q Y Y 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. 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. i i 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 2 C, F the fifth day after being posted or the date of actual receipt, whichever is earlier. South Florida Region Antique Auto Club of America 7030-V S.W. 47 Street Miami, Florida 33155 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 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. 8G- 242^- 3 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. B. 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 responsibility for inspection of operations. CONCESSIONAIRE agrees to undertake immediately the correction of any deficiency i 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 :f interference shall not relieve CONCESSIONAIRE from any obligation hereunder. 4 I C r 11. INDEMNIFICATIONS CONCESSIONAIRE shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and cause of action, which may arise out of CONCESSIONA1RE;'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 any orders, judgements or 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: For all activities listed under Paragraph 2(A)(i) and (ii) CONCESSIONAIRE shall provide a Comprehensive General Liability Policy, or its equivalent, including Products and Completed Operations coverage in the amount of one million dollars ($1,000,000) combined single limit for bodily injury and property damage liability. CITY shall be an Additional Named Insured on such policy. A Certificate of Insurance for said coverage, for the approved event date, shall be delivered to CITY no less than ten (10) working days prior to the event. Workers Compensation Coverage shall be provided in accordance with Florida Statutes. 86-242,01 _ss• ! 5 _� 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. 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. 8E-242.. 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. t 21. ENTIRE AGREEMENT: r - This instrument and its e*tachments constitute the sole and only 33Q , X> Agreement of the parties hereto and correctly set forth the g 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 sk -, to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, all as of the day j�4tar and year first above written. CITY OF MIAMI, a g� municipal corporation i ATTEST: of the State of Florida Matty Hirai, City Clerk ATTEST: CORPORATE SECRETARY By CESAR H. ODIO CITY MANAGER CONCESSIONAIRE: By PRESIDENT (SEAL) IF APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: 'j Division of Risk Management Lucia A. Dougherty, City Attorney 8f -242, -1 7 v V f CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To• Honorable M- yor and Members DATE: APR ' 1Rau RILE: of the Cit Commission SUBJECT: Resolution Authorizing the City Manager to Execute a two-day Concession Agreement FROM: REFERENCES: Cesar H. Odio City Manager ENCLOSURES: It is recommended that a resolution be passed concerning the Antique Auto Show and Art Fair to be held May 24 and 25, 1986 in Peacuck Park, granting the request of the South Florida Region Antique Auto Club of America to sell food, non- alcoholic beverages, arts and crafts during the scheduled hours of the event, further authorizing the City idanuger to execute a two- day non-exclusive concession agreement with said organization. BACKGROUND: The South Florida Region Antique Auto Club of America, has planned to hold an Antique Auto Show and Art Fair on May 24 and 25, 1986 in Peacock Park. The event will include displays of antique cars and sales of food and non-alcoholic beverages. Funds raised from the event will maintain the group's on -going social and cultural activities. It is recommended that this group be allowed non-exclusive concession privileges in Peacock Park during the scheduled hours of two-day event, subject to the issuance of all permits required by law. It is also requested that a two-day non-exclusive concession agreement be executed, subject to and contingent upon any applicable administrative directives and/or requirements. SC--244 r ;