HomeMy WebLinkAboutR-85-1116RESOLUTION NO.F';:.
' A RESOLUTION GRANTING, UPON THE ISSUANCE
OF A TEMPORARY PERMIT BY THE STATE OF
FLORIDA, DEPARTMENT OF BUSINESS REGU-
LATION, DIVISION OF ALCOHOL BEVERAGES
AND TOBACCO, THE REQUEST OF COCONUT
GROVE MARKETING TO SELL BEER FOR A ONE -
DAY PERIOD IN CONNECTION WITH THE 'TASTE
OF THE GROVE' FOOD FESTIVAL TO BE HELD
JANUARY 19, 1986 AT PEACOCK PARK,
SUBJECT TO ALL PERMITS REQUIRED BY LAW;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A ONE -DAY 14ONEXCLUSIVE CONCES-
SION AGREEMENT WITH THE ORGANIZATION IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AND THE CLOSING OF CERTAIN STREETS TO
THROUGH VEHICULAR TRAFFIC DURING THE
SPECIFIED DATE AND TIMES SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENT OF
POLICE AND THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES.
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WHEREAS, the 'Taste of the Grove' Food Festival has been
planned for January 19, 1986; and
WHEREAS, the event will take place in the City of Miami
Peacock Park and will include the sale of food and beverage; and
WHEREAS, Coconut Grove Marketing, the organizers of this
event, have requested closure of South Bayshore Drive from
Peacock Park to S.W. 27 Ave. and McFarland Road from Peacock to
Main Highway for the concession sales, and permission to sell
beer during this event, and
WHEREAS, Ordinance No. 9818, of April 5, 1984, 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, 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 of
Alcoholic Beverages and Tobacco, to sell beer, and pursuant to
the City Code, the request of Coconut Grove Marketing to sell
beer for the one -day period of January 19 19860 in
CITY COMMISSION
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connection with the 'Taste of the Grove' Food Festival 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 nonexclusive concession agreement with Coconut Grove
Marketing in a form acceptable to the City Attorney in connection
with the event.
Section 3. In order to effectuate safe passage during the
'Taste of the Grove' Food Festival, the following streets are
hereby closed to through vehicular traffic during the date and
hours specified below:
South Bayshore Drive from Peacock Park
to S.W. 27th Avenue, McFarland Road from
Peacock Park to Main Highway
Sunday, January 19, 1986 6:00 AM - 8:00 PM
Section 4. Such closing of streets is subject to the
issuance of permits by the Departments of Police and Fire, Rescue
and Inspection Services. Said permit from the Department of
Police is to be issued upon the full approval of the Chief of
Police after giving all due consideration to the safety and
traffic needs of residents, businesses and religious institutions
in the area for entering and crossing through said arterials and
upon the favorable exercise of the City Manager's judgment
predicated upon all factors set forth herein.
PASSED AND ADOPTED this 26th day of NOVEMBER , 1985.
ATT011
Aaattyy ai, City Clerk
PREPARED AND
APPROVED BY:
Ze
Robert F. Clark
Chief Deputy City Attorney
APPROV T FORM AND
COR NESS:
Lucia N. uqugnerry,
City Attorney
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AGREEMENT
This Agreement entered into this day of 1985,
by and between the City of Miami, a municipal corporation of Dade
County, Florida, hereinafter referred to as "CITY" and Marshall
Steingold, an individual, d/b/a/ Coconut Grove Marketing,
hereinafter referred to as "CONCESSIONAIRE".
WITNESSETH:
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 benefit the
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Muscular Dystrophy Association; and
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WHEREAS, the City Commission by Resolution No. 85- of
November 14, 1985, authorized the City Manager to enter into an
agreement with CONCESSIONARIE;
NOW, THEREFORE, CITY and GRANTEE do mutually agree as follows:
1. TERM:
This Agreement shall grant concession privileges for a one day
. —iod of Jar::aary 19, 1986, during the 1-oorr, 7f
'Taste of the Grove' Food Festival in Peacock and Myers Park.
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.
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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 20-30 local restaurants from the Coconut Grove
area who will sell taste size portions of their food. Muscular
Dystrophy will sell tickets for $1.00 which will be used to
purchase food from the respected booths.
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.
C) Pursuant to Resolution No. , beer may be sold by as-
signed vendors. No wines, liquor, or other alcoholic beverages
of any kind shall be sold, offered, or given away by authorized
concessions in Peacock and Myers Parks. No gambling shall take
place, including any drawing for prizes. All concessions
assigned by CONCESSIONAIRE shall have current licenses normally
required by the City or State for such concessions as required by
38-45 of 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 insure the safety and welfare of the participants and the
attending crowds.
3. COMPENSATION:
A) CITY shall pay CONCESSIONAIRE no compensation in connection
with this Agreement.
1-i CON!' ?Z�"�� l.RF .�.. C T n0 :Om�' -at for in ':onr.ecricn
with this Agreement.
4. GENERAL CONDITION:
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
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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 20-30 local restaurants from the Coconut Grove
area who will sell taste size portions of their food. Muscular
Dystrophy will sell tickets for $1.00 which will be used to
purchase food from the respected booths.
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.
C) Pursuant to Resolution No. , beer may be sold by as-
signed vendors. No wines, liquor, or other alcoholic beverages
of any kind shall be sold, offered, or given away by authorized
concessions in Peacock and Myers Parks. No gambling shall take
place, including any drawing for prizes. All concessions
assigned by CONCESSIONAIRE shall have current licenses normally
required by the City or State for such concessions as required by
38-45 of 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 insure the safety and welfare of the participants and the
attending crowds.
3. COMPENSATION:
A) CITY shall pay CONCESSIONAIRE no compensation in connection
with ^this Agreement.
with this Agreement.
4. GENERAL CONDITION:
C'T! no :omr- ..,,:Ior ir cor,r.eerion
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
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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 20-30 local
restaurants from the Coconut
Grove
area who will sell taste size
portions
of their food.
Muscular
Dystrophy will sell tickets
for $1.00
which will be
used to
purchase food from the respected booths.
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.
C) Pursuant to Resolution No. , beer may be sold by as-
signed vendors. No wines, liquor, or other alcoholic beverages
of any kind shall be sold, offered, or given away by authorized
concessions in Peacock and Myers Parks. No gambling shall take
place, including any drawing for prizes. All concessions
assigned by CONCESSIONAIRE shall have current licenses normally
jrequired
by the City or State for such concessions as required by
38-45 of 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 insure the safety and welfare of the participants and the
attending crowds.
3. COMPENSATION:
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A) CITY shall pay CONCESSIONAIRE no compensation in connection
with this Agreement.
C'. no :om iior.r.ec tion
with this Agreement.
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4. GENERAL CONDITION:
A) All notices or other communications which shall or may be
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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
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may be changed from time to time.
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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.
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CONCESSIONAIRE
MARSHALL STEINGOLD, AN INDIVIDUAL
d/b/a COCONUT GROVE MARKETING
P.O. Box 330935
Coconut Grove, Florida 33133
CITY OF MIAMI - 2600 South Bayshore Drive
Miami, Florida 33133
B) Titles and paragraph headings are for convenient reference and
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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) 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
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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
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force and effect.
5. DEFINITION OF CONCESSIONAIRE:
�xpressl- unders+.:,r.c: and agreed nc
building, structure, equipment, or space is leased to
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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.
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6. CO -PARTNERSHIP:
Nothing herein contained shall create or be construed as creating
a eo-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 t-- 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:
CONCESSIONAIRE hereby waives all claims for compensation for loss
lama; „�.�s` a . .,.. ,i' .nterfere,.c . :a-• any ,,:,bl i c
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
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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 or
his/her behalf and, from and against any orders, judgements or
decrees which may be entered, and from and against all costs,
s attorney's fees, expenses and liabilities incurred in the defense
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! 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.
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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
finance, rule, order• or regulation or of an; other governme. a;
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.
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16. INDEPENDENT CONTRACTOR:
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CONCESSIONAIRE and its employees and agents shall be deemed to be
Independent contractors, and not agents or employees of CITY,
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and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally
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afforded classified or unclassified employees; further its
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employees and agents shall not be deemed entitled to Florida
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! Worker's Compensation benefits as an employee of the CITY.
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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 or national origin 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. AMENDMENTS:
No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
IN WITNESS WHEREOF, ;,he i=rate ha•re caused ---is Ar r, c4m,ari-
to be executed in their names by their duly authorized officers
and the corporate seals to be affixed hereto, all as of the day
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and year first above written.
ATTEST:
Matty Hirai,
City Clerk
WITNESS:
APPROVED AS TO INSURANCE REQUIREMENTS:
Division of Risk Management
APPROVED AS TO FORM AND CORRECTNESS:
Lucia A. Dougherty,
City Attorney
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CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
City Manager
GRANTEE:
Marshall Steingold,
an individual,
d/b/a Coconut Grove
Marketing
by
Marshall Steingold
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CITY OF MIAM1, FLORIDA 7
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE: NOV 181985 FILE:
of the City Commission
SUBJECT
FROM: Sergio Pereira REFERENCES:
City Manager S;
ENCLOSURES:
Proposed Resolution for Beer
Permit, Concession Privile-
ges, and Street Closure in
Connection With "Taste of
the Grove" Food
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IIIt is recommended that
authorization be granted to Coconut
Grove Marketing for the sale of
beer for a one -day period of
January 19, 1986, in connection
with the "Taste of the Grove" Food
Festival contingent upon the
issuance of a temporary permit by
the State of Florida, Department of
Business Regulation, Division of
Alcoholic Beverages and Tobacco,
and further authorizing the City
Manager to execute a one -day non-
exclusive concession agreement in a
form acceptable to the City
Attorney, and the closing of cer-
tain streets to through vehicular
traffic during the specified date
and time subject to the issuance of
permits by the Department of Police
and the Department of Fire, Rescue
and Inspection Services, per the
attached resolution."
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BACKGROUND:
Coconut Grove Marketing has requested, in connection with the
scheduled "Taste of the Grove" Food Festival, authorization for
the sale of beer, concession privileges, and designated street
closures for the one -day period of January 19, 1986.
In that this event has proven itself successful as demonstrated
on two prior occasions, July 15, 1984 and January 13, 1985, it is
recommended that:
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1) Authorization for a beer permit be granted
upon issuance of a temporary permit by the
State of Florida.
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2) The City Manager be authorized to execute a
concession agreement with the organization in
a form acceptable for the City Manager.
3) Closing the following streets to through
vehicular traffic to provide safe pedestrian
passage during the event:
South Bayshore Drive from S.W. 27th
Avenue to Peacock Park
McFarland Road from Peacock Park to
Main Highway
It should be noted that this event will take place in the City of
Miami's Peacock Park.
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