HomeMy WebLinkAboutR-85-03840 a
RESOLUTION NO.
A RESOLUTION ALLOWING THE SALE OF
BEER AND WINE FOR A THREE-DAY
PERIOD BY THE LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS
OF DADE COUNTY/ tNC. IN CONNECTION
WITH A FESTIVAL COMMEMORATtNG
SENIOR CITIZENS' MONTH AND CUSPS
INDEPENDENCE DAY TO BE HELD IN
JOSE MARTI PARK ON MAY 18, 19 AND
20, 1985; SUBJECT TO THE ISSUANCE
OF ALL REQUIRED PERMITS; FURTHER
AUTHORIZING THE CITY MANAGER TO
EXECUTE A THREE DAY CONCESSION
AGREEMENT WITH THE HEREIN STATED
ORGANIZATION, SUBJECT TO THE
APPROVAL OF THE CITY ATTORNEY.
WHEREAS, the Little. Havana Activities and Nutrition Centers
of Dade County, Inc. has planned a festival to commemorate Senior
Citizens Month and Cuba's Independence Day on May 18, 19 and 20,
1985, from 9:00 AM to 11:00 PM; and
WHEREAS, the event will take place in Jose Marti Park and
will include food, music and games; and
WHEREAS, the Little Havana Activities and Nutrition Centers
of Dade County, Inc. has requested permission to sell beer and
wine for a three-day period of May 18, 19 and 20, 1985, in
connection with the festival+; 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. Permission to sell beer and wine for a three-day
period is hereby granted to the Little Havana Activities and
Nutrition Centers of Dade County, Inc. in connection with a
festival to be held at Jose Marti Park on May 18, 19 and 20,
1985, from 9:00 AM to 11:00 PM, in compliance with Ordinance No.
9818, and subject to the issuance of all required permits.
Section 2. The City Manager is hereby authorized to execute
a three day concession agreement with the Little Havana
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CITY COMMISSION
MEETING OF
APR 11 1985
RESUlUI1Ui1 no85-3K
Activities and Nutrition Centers of Dade county, Inc. in
connection with said event, subject to the approval of the City
Attorney.
PASSED AND ADOPTED this llth- day of _ April-----.. 1985.
Maurice A. Ferre
MAYOR
ATTy►EST:
UCL G. ONGIE, CITY CL
PREP RED AND APPROVED BY:
ROBERT . CLARK
ASSISTANT CITY ATTORNEY
,'
APPROVED TO.FORM AND CORRECTNESS:
CITY ATTORNEY
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85-384- .
CITY OF MIAMO, PLOPIDA
INUM4DPIPICIE MEMORANDUM
Randolph B. Rosencrantz March 27, 1985
City Manager
Resolution Allowing the
Sale of Beer in Jose
Marti Park
FRom: Carl Kern, Director Overeftmets, April 11, 1985 City
Parks and Recreation Department Commission Agenda
ENCLOSURES:
"It is recommended that the
Little Havana Activities and
Nutrition Centers of Dade
County, Inc. be allowed to
sell beer and wine in Jose
Park in connection with a
festival to be held May 18-20,
1985, to commemorate Senior
Citizens' Month and Cuba's
Independence Day, and that the
City Manager be authorized to
execute a concession agreement
with the organization for the
event, per the attached
resolution."
The Little Havana Activities and Nutrition Centers of Dade County,
Inc. have planned a festival in Jose Marti Park on May 18, 19 and 20,
1985, to commemorate Senior Citizens' Month and Cuba's Independence
Day. The various centers administered by the organization will
operate booths offering typical Cuban dishes to the attending public.
There will also be music, walks along the riverside and games.
The organization has requested that it be allowed to sell beer and
wine in the Park during the three day event.
As this event will promote the use of Jose Marti Park without cost to
the City, the Parks and Recreation Department recommends that this
organization be granted permission to sell beer and wine, subject to
the issuance of all required permits, and that the City Manager be
authorized to execute an agreement the
with organization providing
concession rights in the Park for the three day autant-
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cc: Law Department
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85-384
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of the Little Havana
Activities and Nutrition Centers of Dade County, Inc. has
examined the terms, conditions and obligations of the proposed
contract with the City of Miami for the three-day concession
rights in Jose Marti Park May 18, 19 and 20, 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 Little Havana Activities and Nutrition Centers of Dade
County, Inc. that the 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 Miami for
the three-day concession rights in Jose Marti Park May 18, 19 and
20, 1985, in accordance with the contract documents furnished by
the City of Miami, and for the price and upon the terms and
payments contained in the proposed contract submitted by the City
of Miami.
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IN WITNESS WHEREOF, this day of . 1985:
CHAIRMAN, Board of Directors
ATTEST:
(SEAL)
CORPORATE SE RETARY
85-384
AGREEMENT
This Agreement entered into this day of___,____
by and between the City of Miami, a municipal corporation of the
State of, Florida, hereinafter referred to as "CITY" and the
Little Havana Activities and Nutrition Centers of Dade County,
Inc., hereinafter referred to as "CONCESSIONAIRE".
WITHNSSM:
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
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healthful recreation; and
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WHEREAS, CONCESSIONAIRE shall use the proceeds to benefit the
elderly clients attending its centers; and
WHEREAS, the City Commission by Resolution No. of
authorized the City Manager to enter into an
agreement with GRANTEE;
NOW, THEREFORE, CITY and GRANTEE do mutually agree as follows:
1. TERM:
This Agreement shall grant concession privileges for a three-day
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period of May 18, 19 and 20, 1985, during the hours of the .
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scheduled festival to commemorate Senior Citizens' Month and
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Cuba's Independence Day. Should inclement weather or any
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unforeseen reason cause the rescheduling of said event, the City
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Manager or his appointed designee shall authorize approval for
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said rights to be in full force and effect for the agreed upon
rescheduled date.
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2. SCOPE OF SERVICESt
A) CONCESSIONAIRE is hereby authorized to conduct the following
kinds of businesses and to provide the following kinds of
services:
(i) vending of foods and beverages;
(ii) provision of music, games and other recreational activi-
ties.
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 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 Jose Marti 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.
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3. COMPZNSATION:
A) CITY shall pay CONCESSIONAIRE no compensation in connection
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with this Agreement.
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A) CONCESSIONAIRE shall pay CITY no compensation in connection
with this Agreement.
r 1] 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
ter- the other party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be deemed
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given on the day on which personally served; or if by mail, on
f� the fifth day after being posted or the date of actual receipt,
whichever is earlier.
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85-384.
A y,
LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF
DADE COUNTY, INC
819 SW 12 Avenue
Miami, florida 33130
CITY OF MIAMI 2600 South Bayshore Drive
Miami, Florida 33133
6:
S) Titles and paragraph headings are for convenient reference and
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lip
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
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jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or CITY, such provisions,
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paragraphs, sentences, words or phrases shall be deemed modified
to the extent necessary in order to conform with such laws or if
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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.
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S. DEFINITION OF CONCESSIONAIRE:
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It is expressly understood and agreed that no part, panel,
building, structure, equipment, or space is leased to
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CONCESSIONAIRE, that this privilege is that of a concessionaire,
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and not a Lessee, that CONCESSIONAIRE'S right to operate the
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concession(s) shall continue only so long as the concession's
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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 cc -partnership between CITY and CONCESSIONAIRE as to constitute
CONCESSIONAIRE as an agent of CITY.
3 85-384
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7. CUSTODIAN SERVICES AND MAINTE1"M
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CONCESSIONAIRE agrees to service and maintain the area, via a
volunteer cleanup crew or contracted services, paid for :'y
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CONCESSIONAIRE, so as to leave the area in the same cleanliness
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and condition in which it was accepted.
S. UTILITIESs
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 PREHISESs
CONCESSIONAIRE agrees that the concession facilities and premises
may be inspected at any time by authorized representatives of
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CITY or by any other state or county office or agency having
responsibility for inspection of operations. CONCESSIONAIRE
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agrees to undertake immediately the correction of any deficiency
cited by such inspectors or to immediately remove said concession
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from the site.
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10. INTERPZRENCEs
CONCESSIONAIRE hereby waives all claims for compensation for loss
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or damage sustained by reason of interference by any public
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agency or official in the operation of this concession; any such
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interference shall not relieve CONCESSIONAIRE from any obligation
hereunder.
11. INDENNIFICATIONs •
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
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9 an the part of CONCESSIONAIRE, including person actin
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his/her behalf and, from and against any orders, judgements or
4 85--384.
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
t1le 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. LUUTATION ON USE OF FACILITYa
J., 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
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85-384
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Service or Pension Ordinances of CI`i'Y, 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-DELEGABILITYt
The obligations undertaken by CONCESSIONAIRE pursuant to this
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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-DISCREKINATIONs
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. SS
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
and the corporate seals to be affixed hereto, all as of the day
and year first above written.
ATTEST:
Ralph Ongie,
City Clerk
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CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
City Manager
85-384,
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ATTEST:
CORPORATE SE TA Y
' APPROVED AS TO INSURANCE REQUIREMENTS:
a,
r' Division of RigRigx Management
' APPROVED AS TO FORM AND CORRECTNESS:
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CONCESSIONAIRE: Little
Havana Activities and Nu-
trition Centers of Dade
County, Inc.
By ..-P_ -
.RE IDEN
(SEAL)
85-384;