HomeMy WebLinkAboutR-85-0655J-85-560
RESOLUTION NO. 85""'655
A RESOLUTION AUTHORIZING CONCESSION
PRIVILEGES TO THE TONY TAYLOR BASEBALL
ACADEMY FOR THE THREE (3) DAY PERIOD OF
JUNE 28 - 30, 1985, AT JOSE MARTI AND
FERN ISLE PARKS, DURING THE SCHEDULED
HOURS OF THE PUERTO RICO/MIAMI YOUTH
BASEBALL TOURNAMENT, IN AN EFFORT TO
RAISE FUNDS TOWARD THE COST OF
TRANSPORTING THE MIAMI TEAM TO A
TOURNAMENT IN PUERTO RICO AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
A STANDARD CONCESSION AGREEMENT
ESSENTIALLY IN THE FORM HERETO ATTACHED.
WHEREAS, the Tony Taylor Baseball Academy has requested
authorization for the sale of foods and beverages June 28 - 30,
1985, at both Jose Marti and Fern Isle Parks, during the
forthcoming Miami/Puerto Rico Youth Baseball Tournament; and
WHEREAS, all proceeds from this concession will go toward
transportation costs for a trip to Puerto Rico later this
summer;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That temporary three (3) day concession
privileges are hereby granted to the Tony Taylor Baseball
Academy for June 28 - 30, 1985, during the hours of the scheduled
Miami/Puerto Rico Baseball Tournament, at both Fern Isle and Jose
Marti Parks.
Section 2. Said concession activity shall be limited to the
baseball field areas only.
Section 3. All proceeds from the concession sales shall go
toward defraying transportation cost in sending the Miami Team to
a tournament in Puerto Rico.
t
Section 4. The City Manager is hereby authorized to execute
a standard concession agreement with the Tony Taylor Baseball
Academy, substantially in the form hereto attached.
f CITY COMMISSION
MEETING OF
JUN 20 1985
RESOLUTION HAS"��].r`�.�ll
�1d.-�'Y S J h ,'att "✓i5,. 4 � Pik e.rl ..�!,. .. ass�.,�
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PASSED AND ADOPTED this 20th day of June , 1985.
A EST
Ra ph G, Ongie, City C erk
PREPARED AND APPROVED BY:
r
Ro5ert F. Clark
Chief Deputy City Attorney
APPROM AVID FORM AND CORRECTNESS:
LUCla H. uouknerty,
City Attorney
Maurice A. Ferre
NA Y
85-655
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM 29
ro. The Honorable Mayor and Members DATE: JUN 14 L90 FILE:
of the City Commission
SUBJECT
FROM Sergio Pereiraa , REFERENCES:
City Manager �} l'
/ ENCLOSURES:
Resolution Authorizing
Concession priviliges
to the Tony Taylor
Baseball Academy
'I*16't is recommended that the
Tony Taylor Baseball Academy
be granted temporary
concession privileges for the
period of June 28 - 30, 1985,
at the Jose Marti and Fern
Isle Parks baseball fields,
during the hours of the
Puerto Rico/ Miami Youth
Baseball Tournament, in an
effort to raise funds toward
the cost of transporting the
Miami team to a tournament
in Puerto Rico later this
summer, and further authoriz-
ing the City manager to
execute a standard concession
agreement, per the attached
resolution."
BACKGROUND:
The Tony Taylor Baseball Academy has requested concession privileges
for the sale of food and beverage during the Miami/Puerto Rico Youth
Baseball Tournament scheduled for June 28 - 30, 1985, at Jose Marti
and Fern Isle Parks.
The purpose of this request is to raise funds to defray the cost of
transporting the Miami Team for a tournament to be held in Puerto
Rico later this summer.
ss In that the Department of Parks and Recreation considers this a
worthwhile effort in the physical growth and development of our
local youth, it is our recommendation that this request be authorized
'- via a standard concession agreement which includes insurance
requirements. The concession activity will be _ q y permitted in the
baseball field areas only.
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cc: Law Department
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85-655
V
AGREEMENT
This Agreement entered into this day of , 1985,
by and between the City of Miami, a municipal corporation of the
State of, Florida, hereinafter referred to as "CITY" and the Tony
Taylor Baseball Academy, 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 defray the
costs of transporting the Miami -Tony Taylor Baseball Team to
i Puerto Rico; and
WHEREAS,
the City
Commission
by Resolution
No.
of
, 1985,
authorized the
City Manager to enter
into
s an agreement with GRANTEE;
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�n_ 4
NOW, THEREFORE, CITY and GRANTEE do mutually agree as follows:
_ E
1. TERM:
This Agreement shall grant concession privileges for a three-day
period of June 28, 29 and 30, 1985, during the hours of the
r=' scheduled Miami/Puerto Rico Youth Baseball Tournament. 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
r: for the agreed upon rescheduled date.
1 85-655
2. SCOPE OF SERVICES:
A) CONCESSIONAIRE is hereby authorized to conduct the following
kinds of businesses and to provide the following kinds of
s- services:
(i) vending of foods and beverages to be limited to the
baseball field areas of Fern Isle and Jose Marti Parks;
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) No liquor or other alcoholic beverages of any kind shall be
sold, offered, or given away by authorized concessions in Jose
Marti Park or Fern Isle Parks. 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.
3. COMPENSATION:
A) CITY shall pay CONCESSIONAIRE no compensation in connection
with this Agreement.
A) CONCESSIONAIRE shall pay CITY no compensation in connection
with this Agreement.
kw
4. GENERAL CONDITION:
A) All notices or other communications which shall or may be
n"+ given pursuant to this Agreement shall be in writing and shall be
r, delivered by personal service, or by registered mail addressed to
A the other party at the address indicated herein or as the same
x 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
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85-655
the fift11 day after being posted or the date of actual receipt,
whichever is earlier.
TONY TAYLOR BASEBALL ACADEMY
819 SW 12 Avenue
Miami, florida 33130
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) 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.
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.
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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
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. INDENNIFICATION:
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
4 85-655
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.
14. LIMITATION ON USE OF FACILITY:
r.;`.
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
j
purpose in violation of any federal, state, county or municipal
4:
ordinance, rule, order or regulation or of any other governmental
clause, rule or regulation now in effect or hereafter enacted or
S
r
adopted.
t.:
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
5 85-655
P0
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-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 film.
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, the.parties hereto have caused this Agreement
to be executed in their names by their duly authorized officers
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85-SS$
and the corporate seals to be affixed hereto, all as of the day
and year first above written.
h CITY OF MIAMI, a
municipal corporation
ATTEST: of the State of Florida
By
Ralph Ongie, City Manager
City Clerk
CONCESSIONAIRE: Tony
Taylor Baseball Academy
ATTEST:
CORPORATE SECR R By_ PRESIDENT
(SEAL)
APPROVED AS TO INSURANCE REQUIREMENTS:
Division of Risk Management
APPROVED AS TO FORM AND CORRECTNESS:
Lucia A. Dougherty,
City Attorney
.1
f 1
1
? 85--655
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of the Tony Taylor Baseball
Academy, has examined the terms, conditions and obligations of
the proposed contract with the City of Miami for the three-day
concession privilages in Jose Marti and Fern Isle Parks .June 28 -
30, 1985.
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
the the Tony Taylor Baseball Academy 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
4:
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Miami for the three-day concession privilages in Jose Marti and
Fern Isle Parks June 28 - 30, 1985, in accordance with the
contract documents furnished by the City of Miami, and for the
price and upon the terms and conditions contained in the proposed
contract submitted by the City of Miami.
>t
IN WITNESS WHEREOF, this day of 1985:
,
CHAIRMAN, Board of Directors
a'1^ c'
ATTEST:
(SEAL)
CORPORATE SECRETARY
85--655