HomeMy WebLinkAboutR-86-0177..n
f
y
J-86-223
RL;SOLU`PiON NO. 86-17'i`
A RESOLUTION GRANTING, UPON THE ibSUfiNCE OF A
TLMPJR.AiCY PLR(4.L I' BY THL FLUKlllri 1)LPt►RTML'N`i' OF
BUSiNESS REGULATION, D1ViSiGN OF ALCOhoLiC
13LVLRt1GL� aND TuIJAC:e;u, "i'11L•' REQULoT Ue FRIENDS
OF THE JhPANLSE GARDEN TO SELL BEER AND WINE
FUR A TWO-DAY I'LR1UD 1N CONLiLCTtuN W�Th T11L;
FUUR`I'H ANNUAL SPRi NG 1; LSTiVAL TO BE HELD iN
WA` 60N lliLi�Ni) Pr,,RiC UN 26 AUD G'I, 1986;
VUkTHER AUTHORI�.ING THE CITY MANAGER TO
EXLCU'I'L A NON-EXCLu6iVL CONC:LSSluN AGRELi%IENT
WITH SAID ORGAN.LLA`I'iON iN SUBSTANTIALLY THE
FUW,.1 ATTACHED IILRETO; 6U0JELT TO THE LSSUt-uNC:L''
OF ALL PERMITS RLQUiRLD 13Y LtiW AND COMPL1ANLE
Wj.Th ::UCii CrU01).,.TJ0Nb mdND Li1,11TAT_LuLib b HAY BE
PRLSC:h1BLD BY THE CITY OF MIAMI.
IJi-I1:;REA6, the friends of tl►e Japau_!se Gurdun have planned tnu
r'ourth Annuai Spring Festival to be lteici in Watson island Park on
April 26 and 21, i y)6u; and
11WHERLt1b, Lhe evenL wiii include tii4 saies ot: Japanese
food, beverages, gifts items and arts and crafts work; and
WHLREftS, the oryan.Lzui lies ruqu,:sLed permission to seil beer
and wine for a two-day period during the event; and
WHEREAS, Ordinance 1. c). 9Li.L8 of Al-)i:il 5, 1�)64, authorized Lhe
City Commission to permit the dispensing of beer or wine in soft
containers in any City park upon such conditions and limtiitions
as the City Commission shall prescribe;
NuW, `1'HEREFURE, BE IT k.LoOLVED by 'iHL LOMMiSSiOli OF THE C;1TY
OF O.LA1ri1, FLORIDA:
Section 4.. Upon Lhe: lssuanQo- of a Lemporary permit by the
Florida State Department of Business Regulation, Division of
Alcohoiic Beverages and Tobacco, to soil beer 4nd wine, and
pursuant to the City Code, the request of the Friends of the
Japanese: Garden Lo sell bue:r and wine for a two-day period in
connection with the Fourth Annual Spring Festival in Watson
Island Park an April 26 anu 2i, i986 is hereby granted in
compliance with Ordinance No. 98ib, 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 the Friends of
the Japanese Garden in substantially the form attached., .... ......
SI
MAR 18 1986
1Rr- �-
T
q t.n
�l t -
�
�i�irtl011 i. The aforementioned autIioriz,,tions and appcovals
are subject to and contingent upon the organization's compliance
with any applicable itdfilinistrative dlreUti.v(:!s anti/or
requirements.
PA:ibLD AND iaDUP' L''D this 18th uuy of MARCH , i966-
lfl�
A'1TES"
VIAT HIRAi, CITY CLERK
PREPARED AND APPROVED BY:
r
KUbL- R`1' F. CLARA
CHIEF DEPUTY CITY riTTORNEY
APPROVE Tu E'uRN AND CtJRRE L-;T i,6S .
r
I
LUC: A A. LOUGZ RTY
C:iTY ATTORNEY
P.
'1
S
Ilk
40
_ . - _.., .
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
Honorable Mayor and Members MAR
To. of the Commission
SUBJECT
<:
FROM REFERENCES:
Cesar H. Odio,
t City Manager ENCLOSURES:
1 2 MAR FILE:
Resolution Allowing
Beer, Wine and Arts
ual Japanese Spring
3
Sales of
for 4th An -
Festival
It. is recommended that a resolution be passed
3=
concerning the Fourth Annual Spring Festival
to be held April 26 and , 1986 in Watson
lsland Park, granting the request of the
Friends of the Japanese Gardens to sell beer
and wine during the scheduled hours of the
event, subject to the issuance of a permit by
the State of Florida Department of Business
'<.
Reguiation, Division of Alcoholic Beverages
„.
and Tobacco, further authorizing the City
Manager to execute a two-day non-exclusive
1
concession agreement with said organization.
r'g
��6 s
The Friends of the Japanese Garden, a non-profit organization
currently working to renovate the City -owned Japanese Garden,
�y
have planned the Fourth Annual Spring Festival for April 26 and
27, 1986 in Watson Island Park. The event will be a celebration
;f,..
of Japanese culture and will include representative music, arts
-'
crafts, food and beverages. Funds raised from the event will
maintain the group's on -going cultural activities and will
support the renovation of the donated Garden.
in accordance with Ordinance No. 9818 (of April 5, 1984), it is
recommended that this group be allowed to sell beer and wine (in
soft containers) on Watson Island during the two-day event,
subject to the issuance of the required temporary State permit.
It is also requested that a concession agreement be executed
allowing them to sell other beverages, food, arts and craft
items.
0
`"N
AGREEMENT
This Agreement entered into this day of , i9eb,
by and between the City of Miami, a municipal corporation of the
State of Florida, hereinafter referred to as "CITY" and the
Friends of the Japanese Garden, 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, the Friends of the Japanese Garden wish to hold the
Fourth Annual Spring Festival in Watson Island Park on April 26
and 27, 1986 during which Japanese food,' beverages, gift items,
arts and craft work will be sold; and
WHEREAS, CONCESSIONAIRE shall use the proceeds to expenses
for this event and to raise funds for the on -going development of
the City -owned Japanese Garden.
WHEREAS, the City Commission by Resolution No. of
19_; 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 two-day
period on April 26 and 27, 1986, during the hours of the
scheduled Japanese Spribg Festival. 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.
AGREEMENT
*"%N
w? _.
This Agreement entered into this day of 198ti,
by and between the City of Miami, a municipal corporation of the
1 h State of Florida, hereinafter referred to as "CITY" and the
Gs`
Friends of the Japanese Garden; 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, the Friends of the Japanese Garden wish to hold the
Fourth Annual Spring Festival in Watson Island Park on April 26
--- and 27, 1986 during which Japanese food,* beverages, gift items,
arts and craft work will be sold; and
WHEREAS, CONCESSIONAIRE shall use the proceeds to expenses
for this event and to raise funds for the on -going development of
the City -owned Japanese Garden.
WHEREAS, the City Commission by Resolution No. of
19— authorized the City Manager to enter into
an agreement with CONCESSIONAIRE;
NOW, THEREFORE, CITY and CONCESSIONAIRE do mutually agree as
follows:
1. TEBM:
This Agreement shall grant concession privileges for a two-day
period on April 26 and 27; 1986, during the hours of the
scheduled Japanese Spribg Festival. 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'.'.%'�
i
I
} 2. SCOPE or SERVICES:
A) CONCESSIONAIRE: is hereby authorized to conduct the following
kinds of businesses and to provide the following kinds of
services:
z (i) vending by the CONCESSIONF�IRE or its assignees who will
sell Japanese food, beverages, gift items and arts and crafts in
-�w
Watson Island Park.
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 on that property.
.F
C) Pursuant to Resolution No. beer an wine may be sold by
assigned vendors. No liquor or other alcoholic beverages of any
kind .shall be sold, offered; or given away by authorized
fi
concessions in Watson Island 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.
N1
D) CONCESSIONAIRE shall be solely responsible for any and all
r..
expenses related to Fire, Police, Sanitation and any other
services related to this Agreement.
v
ski.
=r.
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
#F,n
given pursuant to this Agreement shall be in writing and shall be
delivered by personal service, or by registered mail addressed to
{'h
.4-
the other party at the address indicated herein or as the same
.
ql
°-`
may be changed from time to time. Such notice shall be deemed
2 86-17
r'1 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) vending by the CONCESSIONAIRE or its assignees who will
sell Japanese food, beverages, gift items and arts and crafts in
Watson Island Park.
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
--'IN non-exclusive concession contract on that property.
C) Pursuant to Resolution No. , beer an wine may be sold by
assigned vendors. No liquor or other alcoholic beverages of any
kind .shall be sold; offered, or given away by authorized
concessions in Watson Island 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
11\ services related to this Agreement.
34. 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 CONDITIOUS s
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 FRIENDS OF THE J'APANESE GARDEN
5500 SW 84TH TERRACE
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 an g y provision of this Agreement shall
4i
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
x.r:Y 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
,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:
i
It. is expressly ur'nrstood and agreed that no part, panel,
1
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'a
i
operation complies with the undertaking, provisions,- agreements,
stipulations and conditions of this Agreement.
3
.-� Nothi#g ,3k .rein contained shall create or be construed as creating.'
a co -Mart nership between CITY and CONCESSIONAIRE as to constitute
COWWSSI UAi•RE as. an agent of C11 Y.
7f. °CUST I" SERVICES AND !MAINTENANCE:
ICONCES:: 4AIRE agrees to service and maintain the area, via a
volunte clean-up =rew or contracted services, paid for by
CONCESS.
TAIRE. so :as
to
leave the area in the same cleanliness
:and cor
tion.Ata;,-WY1 bh
it
was accepted.
CONC.E&i!AQj:"i'jt.q mill hereby be responsible
requiri30,f of .:concession operation(s)
for all utility
other than those
•current. -.xft Uble, at the park site and shall obtain the
approval oZIC -t_tlw •'::City Manager or his designee prior to
iestaliat.ion of auvy such requirement.
9,. I= INSPICTION OF PREMISES:
:CONC,E.9SQWL�aRE agrees that the concession facilities and premises
may .be.-4 .::ted at any time by authorized representatives of
-CITY *r Ay a_-1ny other state or county office or agency having
respoas,iJbir,_y for inspection of operations. CONCESSIONAIRE
agreesito.sartake immediately the correction of any deficiency
eited-,bjV M*qn_inspectors or to immediately remove said concession
from.,the's .;e-
10. ZW a jgs
ZONCESSIGLWRV. reby waives all claims for compensation for loss
or. ;image $Usta�ined , by' reason of interference by any public
agency. op gffic3:al in the operation of this concession; any such
interference s'hatll not relieve CONCESSIONAIRE from any obligation
4
11. INDMIFICATION:
,-. 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 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 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:
(A) CONCESSIONAIRE shall provide a Comprehensive General
Liability Policy, or its equivalent, including Products and
Completed Operations coverage in the amount of one million
dollars ($11'000,000) 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.
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.
s
r
15. CONSTRUCTIOU 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-DELEG nILITY:
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.
19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
20. 8:
No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
21. ZMTIRE AGREEMMIT:
This instrument and its attachments constitute the sole and only
Agreement of the parties hereto and correctly set forth the
b st;-oI77
4
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.
ATTEST:
Matty Hirai,
City Clerk
ATTEST:
CORPORATE SECRETARY
APPROVED AS TO INSURANCE
REQUIREMENTS:
Division of Risk Management
CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
CESAR H. ODIO
CITY MANAGER
CONCESSIONAIRE:
BY.-.
PRESIDENT
(SEAL)
APPROVED AS TO FORM ALID
CORRECTNESS:
Lucia A. Dougherty,
City Attorney
7
4�; Z. got
iwQ.Ke� a' ( l7 L 64
#401"06 or ?let
JAPANESE
G A R D E N
January 27, 1986
Dr. Tony L12aso
Department of Parks & Recreation
ThLA City of M i am i
2600 S. 8ayshore Drive
Coconut Grove
Florida 33133
Dear Tony:
The•Fourth Annual Spring Festival will be on Saturday and Sunday, April 26 & 27
this year. Would you kindly please reserve the large stage and the small one to
be used for dressing room for those dates?
As part of this Japanese Festival, we are offered an outstanding Japanese Jazz
Combo for the evening of Saturday, April 26, 1986. The cost is $1400.00 plus
one night's lodging and meals. We would very much like to have this group for
the Saturday night entertainment but'none of us in the Friends' organization has
had any experience in production. Would you help us, or would you produce this
show for us? This.can be a money maker if one has the expertise.
The leader of the'Combo is Kei Akagi,.a native of Japan, studied In this country
and.now headquartered in San Francisco..•Mr. Akagi is a keyboard artist of quite
an*acclaim and has toured throughout'this country even in New York and -the east
coast.
Should you need to talk further about it before you can come to any kind of a
conclusion, I would be very happy to come to see you. We look forward to hear -
In from you.
Sincerely yours,
Agnes Youngblood
2333 8rickell Avenue .
Suite 41T
Miami 33129
285-1027