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HomeMy WebLinkAboutR-85-0328i i 1 J-85-284 RESOLUTION NO. 85-3��•. A RESOLUTION SUPPORTING THE 7TH ANNUAL COCONUT GROVE BED RACE, WHICH IS TO BE HELD MAY 19, 1985, CO -SPON- SORED BY THE MUSCULAR DYSTROPHY ASSOCIATI00AND THE CITY OF MIAMI, DEPARTMENT OF PARKS AND RECREATION; CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON THAT DATE DURING SPECIFIC HOURS AND ESTABLISHING A PEDES- TRIAN MALL SUBJECT TO ISSUANCE OF PERMITS BY POLICE AND FIRE DEPARTMENTS; FURTHER ALLOWING THE SALE OF BEER AND WINE FOR A ONE (1) DAY PERIOD AND AUTHORIZ- ING THE CITY MANAGER TO EXECUTE A ONE DAY CONCESSION AGREEMENT WITH THE M.D.A. IN SUBSTANTIALLY THE FORM ATTACHED. WHEREAS, the Muscular Dystrophy Association, a nonprofit corporation under the laws of the State of New York, with operations in Florida, has requested assistance from the City of Miami in connection with the 7th Annual Coconut Grove Bed Race to be held on McFarlane Road from 8:00 a.m. to 3:00 p.m. on May 19, 1985; and WHEREAS, certain streets should be closed to through vehicular traffic on May 19, 1985 during specified hours to insure the safety of the participants and spectators attending the 7th Annual Coconut Grove Bed Race; and WHEREAS, the Muscular Dystrophy Association has requested permission to sell beer and wine for a one day period of May 19, 1985, in conjunction with the 7th Annual Coconut Grove Bed Race; 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 should prescribe; and WHEREAS, the City of Miami Department of Parks and Recreation has co -sponsored this event annually since 1979; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. In order to establish a temporary pedestrian mall on May 19, 1985 from 8:00 a.m. to 3:00 p.m. for the 7th Annual Coconut Grove Bed Race, co -sponsored by the Muscular Dystrophy Association and the City of Miami, Department of Parks and Recreation, the following streets are hereby closed to through traffic, subject to the issuance of permits by the Police and Fire Departments: (a) McFarlane Road from Main Highway to S.W. 27th Avenue; (b) All streets and avenues intersecting the area listed in subsection (a) hereof. 1The acronym used for this agency is M.D.A. CITY COMMISSION MEETIIVr OF MAR 28 1985 twn Igo, 8S-3 REMARKS. i Section 2. 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 given all due considerations to the safety and traffic needs of residents, businesses, and religion 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. Section 3. Permission to sell beer and wine for a one day period is hereby granted to the Muscular Dystrophy Association in connection with the 7th Annual Coconut Grove Bed Race to be held in Peacock Park on May 19, 1985, in compliance with Ordinance No. 9818, and subject to the issuances of all required permits. Section 4. The City Manager is hereby authorized to execute a one day con- cession agreement with the M.D.A. in substantially the form attached. PASSED AND ADOPTED this 28th day of MARCH , 1985. PREPARED AND APPROVED BY: A _ %1 A DEPUTY CITY ATTORNEY APPROVED CITY ATTORNEY D CORRECTNESS: MAURICE A. FERRE MAURICE A. FERRE MAYOR CONCESSION 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 refered to as CITY, and the Muscular Dystrophy Association, Inc. ("MDA") a State of New York non-profit corporation,, hereinafter refered to as CONCESSIONAIRE. WITNESSETH WHEREAS, the Department of Parks and Recreation is vested with jurisdiction over and control of all City parks in the City of Miami 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 CONCESSIONAIRE shall use the proceeds to increase the availabil- ity of direct therapeutic services for citizens with the disabling condition of Muscular Dystrophy; and WHEREAS, the Commission of the City of Miami authorized this concession Agreement by the adoption of Resolution No. , a copy of said resolution is made a part thereof as though set forth in full herein: NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties 'hereto as follows: t I TERM: This Agreement shall grant concession privileges for a one (1) day period of May 19, 1985 during the hours of the scheduled 7th Annual Muscular Dystrophy Bed Race. Should inclement wheather or any un- foreseen reason cause the re -scheduling of said event, the City Manager or his appointed designee shall authorize approval for this Agreement to be in full and effect for the agreed upon date. II SCOPE OF SERVICES: a) The CONCESSIONAIRE is hereby authorized to conduct the following kinds of business and to provide the following kinds of services: (I) items for sale by CONCESSIONAIRE - T-shirts and hats; and (II) vending by local business concessions, assignees of the CONCESSIONAIRE, from which the CONCESSIONAIRE will receive a contribution. -1- 85-328� b) It is expressly understood that all proposed concession activity must be submitted for approval by the City Manager or his appoint- ed designee no later than fifteen (15) working days prior to the event, and that no such activity will conflict with the existing non-exclusive concession contract with Mr. Tom Boccio signed and dated February 14, 1981 (See attached Exhibit A -page 6). c) Pursuant to Resolution No. 84-598, beer and wine may be sold by assigned vendors. No liquor or other alcoholic beverages of any kind or nature shall be sold, offered, or given away by autho- rized concessions in Peacock and Myers 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 ex- penses related to Fire, Police, Sanitation and any other serv- ices related to this Agreement. III COMPENSATION a) CITY shall pay CONCESSIONAIRE no compensation in connection with this Agreement and; CONCESSIONAIRE shall pay CITY no compensation in connection with this Agreement. IV GENERAL CONDITIONS a) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be de- livered 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. VL 2 91 85-328; IL A CITY OF MIAMI Mr. Carl Kern City of Miami Dept. of Parks and Recreation 2600 S. Bayshore Drive Miami, FL 332330708 CONCESSIONAIRE Mr, Glenn Reinhardt District Director Muscular Dystrophy Association 6151 Miramar Parkway Miami, FL 33023 b) Title and paragraph headings are for conveneint referece 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 any attached documents, the terms in this Agreement shall rule, d) No waiver or breach of any provision of this Agreement shall con- stitute 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 con- tained in this Agreement be determined by a court of competent Ju- risdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provi- sions, paragraphs, sentences, words or phrases shall be deemed modi- fied to the extent necessary in order to conform with such laws. or If not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provi- sions of this Agreement shall remain unmodified and in full force and effect. 0 DEFINITION OF CONCESSIONAIRE " It is expressly understood and agreed that no part, panel, building, struc- ture. equipment. or space is leased to the CONCESSIONAIRE; that he is a CONCESSIONAIRE and not a Lessee; that the CONCESSIONAIRE'S right to oper- ate the Concession(s) shall continue only so long as the concession(s) operation complies with the undertaking, provisions, agreements, stipula- tions, and conditions of the CONCESSIONAIRE Agreement. VI CO -PARTNERSHIP Nothing herein contained shall create or be construed as creating a co- partnership between the CITY and the CONCESSIONAIRE as to constitute the 85-32�_ r,r � CONCESSIONAIRE as an agent of the CITY. VII CUSTODIAN SERVICES AND MAINTENANCE The CONCESSIONAIRE agrees to service and maintain the area, via a volun- teer clean-up crew or contracted services, paid for'by CONCESSIONAIRE, so as to leave the area in the same cleanness and condition in which it was accepted. VIII UTILITIES The CONCESSIONAIRE shall hereby be responsible for all utility require- ments of concession operation(s) other than those currently available at the park site and shall obtain the approval of the City Manager or his appointed designee prior to installation of any such requirement. IX RIGHT TO INSPECTION OF PREMISES The CONCESSIONAIRE agrees that the concession facilities and premises may be inspected at any time by authorized representatives of the City Manager or his designee or by any other state, county or municipal office or agency having responsibility for inspection of operations. The CONCESSIONAIRE agrees to undertake immediately the correction of any deficiency cited by such inspectors or immediately removed said con- cession from site. X INTERFERENCE The CONCESSIONAIRE hereby waives all claims for compensation for loss or damage sustained by reason of any interference by any public agency or official in the operation of this concession; any such in- terference shall not relieve the CONCESSIONAIRE from any obligation hereunder. XI INDEMNIFICATION CONCESSIONAIRE shall indemnify and save the 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 contract, including all other acts or omissions to act on the part of the -4- 85-328� CONCESSIONAIRE or any of them, including any person acting for on his or their behalf, and, from and against any orders, judgements or de- crees 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. XII INSURANCE The CONCESSIONAIRE shall provide a Comprehensive General Liability Policy including Products and Completed Operations in the amount of one million dollars ($1.000,000.00) combined single for bodily injury and property damage liability. The CITY shall be named as an Additional Insured on such policy. A certificate of insurance for said coverage, for the ap- proved event date, shall be delivered to the CITY no less than (5) work- ing days prior to the event. Workers compensation coverage shall be prov- ided in accordance with Florida statutes. XIII COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. XIV LIMITATION ON USE OF FACILITY The CONCESSIONAIRE will not use. nor suffer or permit any person to use In any manner whatsoever, the assigned concession facilities for any im- proper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regu- lation, or of any other governmental clauses, rule or regulation now in effect or hereafter enacted or adopted. XV CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and en- forced according to the laws of the State of Florida. XVI INDEPENDENT CONTRACTOR CONCESSIONAIRE and its employees and agents shall be deeaned to be indePZ - _ a -5- T_ pendent 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 he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of CITY. XVII NONDELEGABILITY That the obligations undetaken by CONCESSIONAIRE pursuant to this Agree- ment shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or as- signment of such service or any part thereof by another person or firm. XVIII NONDISCRIMINATION CONCESSIONAIRE agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicapping condition in connection with its performance under this Agreement. XIX SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XX AMENDMENTS no amendments to this Agreement shall be binding or either party un- less in writing and signed by both parties. IN WITNESS WEREOF, the parties hereto have caused this instrument to be -6- 1 r f executed by the respective officials thereunto duly authorizeds this the day and year first above written. CITY OF MIAMI, a Municipal Corporation of the State of Florida ATTEST: BY City Manager RALPH G. ONGIE MUSCULAR DYSTROPHY ASSOCIATION City Clerk ATTEST: By (Seal) President Corporate Secretary APPROVED AS TO INSURANCE APPROVED AS TO FORM AND CORRECTNESS REQUIREMENTS: m 11.4 ir.1 vwa-m.x-.rmrF TI.T.4-eluf3r mm