HomeMy WebLinkAboutR-86-0178J-86-226 4
40
Rr,SOLU" iON No.
A REL CJLUTiUN UMNTING, UPON THE
•
l"6UANLE uk' 1i iBMPUkAkY PLkr11'1' BY
THE FLORiDA I. EPARTHE14T OF BUSINESS
KLGULA`1'lUN, ll1V1SlUN UP' iiLi:OliUL1C
�
1
1sEVL1tAG1;5 AIdD `PUi3AL:CU, THE REQUEST
OF uAsti DE 6ANTA MARTA VE
;-
ORTIGUEiRA EN 1Y1IAM1 A 60CiHi,
CLUB, TO 6LLL bLER AND WINE VOR A
`s
ONE -DAY PERIOD IN CONNECTION UN WITH
tf :x y.ti.
ITS iiNNUAL PiCWiC. TO BE HELD
_`:
APRIL 20, 198b, 1N WA'1'SUN 1�LANG
PARI FURTHLil AUTi16RiGi14G THE Ci TY
_.
MANAGER TO LXLC:UTE A 0141;-DAY
CUNCE68iON AGRr'EFILNT Wi` H SAID
fi
SOCiAL CLUB, 114 SUBSTANTIALLY THE
1 f t 1 11�• SUBJECT
I~ORM ATTACHED iil REiu, TO
ti
THE 1S61UANC E OF ALL PL•'RMiTb
Z.4e.
REQUiIlLb 13Y LAW e3lvll CutIPLiAN%:E
WITH such couui ions AL
}"
LIMITIt"T.1UNS Ab 1',IA'Y PE PRLSC;RiBED
BY THE CITY OF MIAMI.
WHEREli,S,
Casa de aunta i4arta de Ortigueira en iiiarlli has
planned its
annual picnic for April 20, 1986; and
WHEREAS,
the event will takQ place in Watson island Park and
will include
sales of food and beverages; and
WHLI<EAS, Casa de Santa H irta has requested permission to
sell beer and wine for a one -day period on April 20, 196o; in
connection with s-,id picnic; and
WHEREAS, Ordinance No. 9618 of April 5, I984, authorized the:
City Commission to permit the dispensing of beer or wine in soft
containers
in any City
park
upon such conditions and limitations
as the City
Commission
shall
prescribe;
NOW, THLRLFURE, bE LT RESOLVED BY THE C.;ONHI5SIUN OF THE CITY
OF MiA1,11, FLORIDA:
Section 1. Upon the issuance of a temporary permit by the
Florida State Department of Business Regulation, Division of
alcoholic Bev%:rages and Tobacco, to sell beer and wine, and
pursuant to the City Code, the request of Casa de Santa Marta de
Ortigueira en Miami to sell beer and wine for a one -day period in
connection with its annual picnic to be held at Watson Island
Park on April 20, L966, is heraby granted in compliance with
Ordinance No. 9818, further subject to the issuance of all
permits required by law.
COSSIQ
METINC OF
MAR 18 IM
Section 2. The City 1,1anager is hereby authorized to execute
a one -day non-exclusive concession agreement with Casa de Santa
Marta, in substantially the form attach`d hereto.
Section 3. nie aforemention authorizations and approvals
are: subject to and contingent upon the orgcaiization's compliance
with any applicable administrative directives and/or
requirements .
PtiSSED t hID kDOPTED this 18th day of
ATTES .
lviATTY H1RA.6 C1`1`Y CLERK
PREPA � Ell AND APPROVED BY:
Z
RUBERT F . CLERK
ChiEF DEPUTY CITY ATTORNEY
1
APYitUVEll N:y 'i'u FviZM AND CU12Rhl:TNE:;:i
LU A. ROUGHER Y
CITY ATTORNEY
MARCH , i986.
XAVIER L41SUAREZ
MAYOR
W—
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE: MAR 12 1986 FILE:
...� of the Commission
SUBJECT: Resolution Allowing Sales of
Beer and Wine for Casa de Santa
Marta de Ortigueira Picnic
FROM: REFERENCES:
Cesar H. Odio,
City Manager ENCLOSURES:
MOO
It is recommended that a resolution be passed -
concerning the de Santa Marta de Ortigueira
Annual Picnic to be held April 20, 1986 in
Watson Island Park, granting the request of
the organizers 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.
The Casa de Santa Marta de Ortigueira, non-profit social
organization, has planned their Annual Picnic for April 20, 1986
in Watson Island Park. The event will be a celebration of
Spanish culture and will include representative music, food and
beverages. Funds raised from the event will maintain the group's
on -going cultural and social activities.
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 one -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 and food, subject to and
contigent upon any applicable administrative directives and/or
requirements.
86--17&
6
5
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 Casa de
Santa Marta de Ortigueira en Miami, a non-profit Social Club,
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 its. Annual Picnic for
members, their families and guests on Watson Island Park, April
20, 1986 during which food and beverages will be available for
sale; and
•-� WHEREAS, CONCESSIONAIRE shall use the proceeds to cover operating
expenses for the members' annual picnic and to raise funds for
other non-profit social events and programs.
WHEREAS, the City Commission by Resolution No. of
authorized the -City Manager to enter into an
agreement with CONCESSIONAIRE;.
NOW, THEREFORE, CITY and CONCESSSIONAIRE do mutually agree as
follows :
1. TZRK z
This Agreement shall grant. concession privileges for a one -day
-� 1
$6-1719
r
period on April 20, 1966, during the hours of the scheduled
Annual Picnic. Should inclement weather or an unforeseen reason
Y
�v 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.
u
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 members of Casa de Santa Marta de Ortigueira
S 5i
who will sell specialty foods of Spain and Cuba and beverages to
attending group members, their families and invited guests 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
�X
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 for said property.
C) Pursuant to Resolution No. beer and 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
services related to this Agreement as deemed. necessary by the
City to ensure the safety and welfare of the participants and
attendees.
3. COMPENSATION:
A) CITY shall pay CONCESSIONAIRE no compensation in connection
with this Agreement.
86-17k,
2
r
B) CONCESSIONAIRE shall pay CITY no compensation in connection
with this Agreement.
4. GENERAL CONDITIONiS %
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 Lo
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;: Casa de Santa Marta de Ortigueira
en Miami
18 N.W. 18th Avenue
Miami, Florida 33125
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 sugh 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.
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 MAINTEWANCE:
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.
S. 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. jtIGHT TO INSPECTION OF 'REMISES:
CONCESSIONAIRE agrees that the concession facilities and premisas
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
�-"•, cited by such inspectors or to immediately remove said concession
from the site.
10. INTERFERENCE:
CONCESS-LONAIRE 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. INDEMNIFICATION:
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 CONCESSIONRIRE'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:
CONCESSIONAIRE shall provide a Comprehensive General Liability
Policy 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 named as an Additional Insured on such policy. A
Certificate of Insurance for said coverage, for the approved.
event date, shall be delivered to CITY no less than five (5)
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.
86—t 7&.
"I5
14. LIMITATION ON USE OF FACILITY:
CONCESSIONAIRE shall not use, nor suffer or permit any person to
use, in any manner whatsoover, 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 Compensation benefits as an employee of the CITY.
17. NON-Dgr EGABILITY:
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, Saxe color, creed, national origin, or handicap in
connection with any operations under this Agreement.
6
0
9 r
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.
ATTEST:
Matty Hirai,
City Clerk
ATTEST:
CORPORATE SECRETARY
APPROVED AS TO INSURhNCE itEQUIREMENTS:
Division of Risk Management
APPROVED AS TO FORM AND CORRECTNESS:
ucla A. Dougherty,
City Attorney
CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
CESAR H. ODIO
CITY MANAGER
CONCESSIONAIRE:
By
PRESIDENT
(SEAL)
7
86-17t
0 r
19• SUCCESS0RS 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.
ATTEST:
Matty Hirai,
City Clerk
ATTEST:
CORPORATE SECRETARY
APPROVED AS TO INSURhNCE REQUIREMENTS:
Division of Rio% Management
APPROVED AS `N FORM AND CORRECTNESS:
uCid A- Dougherty,
City Attorney
7
CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
CESAR H. ODIO
CITY MANAGER
CONCESSIONAIRE:
By
PRESIDENT -
(SEAL)
86"'"17t
1
t-
CASA DE SANTA MARTA DE ORTIGUEIRA EN MIAMI
6OCIEDAD DE CULTURA. RECREO Y ■ENEFICENCIA
16 N.W. 11kh AVENIDA, MIAMI, FLORIDA 33126
TELEFONO: 1305) 649.4562
FeWmary 5, 1966
Mr. Deraaa Damiele
Direater, Dept. of Parks & =eeriatisa
@ity of Miami
2600 a. bgskoro Drive
Pe 0. Dez 330708
A", n 33233
Dear ids. Daniels IZ
• !ie aims soeial slut Yes eelisit" a pormit to eel brato a Pio-vie
is Tateea IelwA oa April 20, 29860 lrm 7 a.a. to 7 p.a.
We sows theref'we hereby aolioitias f res you permit for the sale of
wine a" beer asd also for tnd,eal !sods frea apait and 0"4. We
are wader Us vaderstantUW % at we blse aeod petsiseioa free Us
State Departmeat of Husiaoso Resulaties, Divisiea of Alookelis
fevorases & !ebasse, mad we will alas selioit sati psratt.
Ti are also adleltiat frm ym leratasitea for tie ma of SoLUs
to eoek tie teed. If meseesaty, we wLU require liability iasurame
as r+equisei by Risk Maaagemeat.
If you owed further iaforaatioa is rolatioa to the abovo6 idai]
ee st ass dr. Jose Ores at 553-7kl6 or at 446-3530,
mumay yow reply to tdd i matter, I seaaia,
r%u