Loading...
HomeMy WebLinkAboutR-82-0014RESOLUTION NO. 8 -14 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-DAY CONCESSION AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE ST. PARTICK'S DAY PARADE COMMITTEE, INC., FOR CONCESSION ACTIVITY AT BAYFRONT PARK, MARCH 13 and 149 1982, DURING THE SCHEDULED ST. PATRICK'S DAY PARADE AND CELEBRATION AT SAID PARK. WHEREAS, the St. Patrick's Day Parade Committee, Inc., has scheduled a St. Patrick's Day Parade and Celebration, at the City of Miami Bayfront Park, and has subsequently requested authoriza- tion for concession activity to provide services in keeping with the theme and nature of said event; and WHEREAS, the City Manager has reviewed said request and has recommended approval of such activity subject to the execution of a two-day concession agreement with certain terms and conditions imposed therein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a two-day agreement, in substantially the form attached hereto, with the St. Patrick's day Parade Committee, Inc., for concession activity at Bayfront Park, March 13 and 14, 1982, during the sched- uled St. Patrick's Day Parade and Celebration at said Park. PASSED AND ADOPTED this 14 day of January , 1982. Maurice A. Ferre M A Y 0 R ST: 7Q ALPIT G. ONGIE, CITY CLE PREPARED AND APPROVED BY: Z�� ttozz� ROBERT F. CLARK, DEPUTY CITY ATTY. APPKP AS TO FOR( AND CORREQTNESS: GEORGE in KNOX, JR. ; CIT "XORNEY CITY COMMISSION MEETING OF J A N 1 + 1982 l..N........H.NN.M.M� CITY OF MIAMI. FLORIDA i. t INTER -OFFICE MEMORANDUM 36 _ er To: Howard V. Gary City Manager //� l b�;`' or FROM A ert H. 4-Its�adr , Zec Department of Leisure Services „TE. December 30, 1981 FILE: SU3JECT: Proposed Resolution - Two-day Concession Agreement St. Patrick's Day REFERENCES ENCLOSURES: r It is recommended that the City Manager be authorized to execute a two-day concession agreement with the St._ Patrick's Day Parade Committee, Inc., to provide desired conces- sion services in keeping with the theme and nature of the Annual St. Patrick's Day Parade and Celebration scheduled for March 13 and 14, 1982 at Bayfront Park, in accordance with the terms and conditions therein contained, as per the attached resolution. The St. Patrick's Day Parade Committee, Inc., has scheduled the Annual St. Patrick's Day Parade and Celebration in Bayfront Park on March 13 and 14, 1982. In an effort to provide desired concession services in keeping with the theme and nature of this event, they have requested approval of the City for such concession activity as the sale of Shamrock buttons and pins, flags, balloons, specialty foods and beverages, etc. which will be assisgned directly by the Committee. It is, therefore, recommended that the City Commission authorize the City Manager to execute a two-day concession agreement with the St. Patrick's Day Parade Committee, Inc., as per the attached resolu- tion and to include the following: 1. Insurance - a blanket general comprehensive policy to include public liability, property damage, bodily injury, and products liability in the amount of one million dollars ($1,000,000), with V the City named as an additional insured, or the Special Event Insurance Policy offered by the City. 2. The St. Patrick's Day Parade Committee, Inc., shall be the con- tracted party and shall assign appropriate vendors, subject to the approval of the City Manager or designees, and shall be re- sponsible for an statement of sales and any required payments. 3. All items in keeping with the theme and nature of the event shall be exempt from charges; all other general sales, i.e. Coca Cola or Pepsi Cola, shall be assessed a charge of 10% of gross sales. 82-14 A 6A Memorandum to: Howard V. Gary City Manager December 30# 1981 Page 2 4. Concession activity shall not conflict with the existing concession- aire under contract with the City for Bayfront Park. 5. Required clean-up deposit. 6. Compliance with all laws and codes, i.e., no alcoholic beverages, gambling, drawing for prizes, etc. 7. Standard hold harmless/indemnification clauses. AHH/KDH/za Encl. Resolution A a 82-14 CONCESSION AGREEMENT THIS AGREEMENT made the day of A,D., 1981► between the City of Miami, a Municipal Corporation of the State of Florida, hereinafter called the "CITY", and the St. Patrick's Day Parade Com- mittee, Inc., a State of Florida non-profit corporation, with offices in 9301 N.E. Gth Avenue, Suite C307, Miami Shores, Florida 33138, hereinafter cal- led the "CONCESSIONAIRE." WITNESSETH WHEREAS, the Department of Leisure Services is vested with jurisdiction over and control of all City parks in the City of Miami and responsible for the operation of various concessions as may be necessary, desirable or convenient for the use of the public for healthful recreation; and 11HEREAS, the Concessionaire is desirous in obtaining two-day concession privileges for the purpose of providing desired concession services in keeping with the theme and nature of the annual St. Patrick's Day Parade and Celebration; 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 hereof as though set forth in full herein: NOW, THEREFORE, in consideration of the premises and the mutual cove- nants and condition herein contained, it is agreed by the parties hereto as follows: 1. LOCATION OF CONCESSION, TERM, AND USE The CITY hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the CITY, agreement to operate the following described conces- sions in Bayfront Park in conformance with the purpose for the period stated herein and subject to all terms and conditions herein contained and fairly im- plied by the terms hereinafter set forth: a. This Agreement shall grant concession privileges for a two (2) day period of March 13 & 14, 1982, during the hours of the scheduled St. Patrick's Day Parade and Celebration. Should inclement weather or any unforeseen 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. .. 82 - 14 /\ b. The CITY hereby provides to the Concessionaire the use of Bayfront Park under the terms and conditions herein. C. The Concessionaire is hereby authorized to conduct the following kinds of business and to provide the following kinds of services: (1) items for sale as assigned by the Concessionaire - T-shirts, buttons and pins, posters, and helium filled ballons, speciality food and beverages, etc., of which Concessionaire will receive a a contribution or flat fee toward the cost of said event. It is expressly understood that all proposed concession activity must be submitted for approval by the City Manager or his appointed de- signee no later than ten (10) working day prior to the event, and that no such activity will conflict with the existing concession- aire currently under contract by the CITY. No "hot dogs", wines, beers, liquors or alcoholic beverages of any kind or nature shall be sold, offered or given away. No gam- bling shall take place, including any drawing for prizes. All concessions assigned by the Concessionaire apart from the theme orientated assignees directly run by the Concessionaire, shall have current licenses normally required by the City or State for such concessions as required by Section 38-45 of the City Code. 2. NOTICES All notices or correspondences from the CITY to the Concessionaire shall be deemed duly served if mailed to the Concessionaire at the following address: St. Patrick's Day Parade Committee, Inc., 9301 N.E. 6th Ave., Suite C307. All notice from the Concessionaire to the CITY shall be deemed duly served if mailed to: CITY OF MIA14I, Director of Leisure Services, 2G00 South Bay - shore Drive, P. 0. Box 330708, Miami, Florida 33133. 3. DEFINITION OF CONCESSIONAIRE It is expressly understood and agreed that no part, panel, building, structure, equipment, or space is leased to the Concessionaire; that he is a Concessionaire and not a Lessee; that the 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 the Concessionaire Agreement. 4. CO -PARTNERSHIP Clothing herein contained shall create or be construed as creating a co- partnership between the CITY and the Concessionaire as to constitute the Conces- sionaire as an agent of the CITY. 4. - 2 - 5. CUSTODIAN SERVICES AND MAINTENANCE The CITY agrees to furnish to the Concessionaire the previously i_ientified physical facilities and space. The Concessionaire agrees to service and maintain the area, via a volunteer clean-up crew or contracted services, Paid for/by the Concessionaire, as to leave the area in the same cleanness and condition as it was accepted. To this regard, the Concessionaire shall submit a clean-up deposit to the Recreation Division of the Department of Leisure Services, in the amount of one -hundred dollars ($100.00). Should, following inspection of the park, the Recreation Division deems that the Concessionaire has satisfactorily cleaned -up the park to the aforementioned condition, said clean-up deposit shall be returned in full, to the Concessionaire. As an al- ternate the Concessionaire may contract the City, at its sole cost and expense, for said clean-up requirements and proof of said arrangements shall be fur- nished prior to the event. G. 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. 7. CONSIDERATION Regarding concession activity, any sales directly representing and sold by the Concessionaire as a theme orientated services to assist in the cost and said event shall be exempt from charges by the CITY; however, all other sales by any vendor assignee of the Concessionaire shall be assessed a charge of 10% of the gross sales. It is expressly understood that the Concessionaire (St. Patrick's Day Parade Committee, Inc.) contracted party to the CITY, shall be totally respon- sible for the assignees, including the submitting of a statement of sales from each assignee and appropriate payment, within thirty (30) days following event. Said payments shall be payable to the City of Miami, c/o the Recreation Divi- sion of the Department of Leisure Services. The Concessionaire grants to the CITY the right and authority to audit all records, documents, and books per- taining to the concession operation(s). B. 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 of municipal office or agency 3 r having responsibility for inspection of such operations. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors or immediately remove said concession from site. 9. INTERFERENCE The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference by any public agency or of- ficial in the operation of this concession; any such interference shall not relieve the Concessionaire from any obligation hereunder. 10. INSURANCE AND INDEMNIFICATION The Concessionaire shall save the CITY harmless from any and all claims, liability, losses, and causes of action which may arise out of error, omission on negligent act of the Concessionaire, its agents, servants, employees or assignees during the course of this Agreement. The Concessionaire shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the CITY, where applicable, and shall pay all costs and judgement which may issue thereon. The Concessionaire shall maintain during the term of this Agreement the following insurance: a general comprehen- sive policy to include public liability, property damage, bodily injury, products liability, and the CITY as an additional insured, in the amount of one million dollars ($1,000,000). All concession activity shall be blanketed under this coverage. A certificate of insurance for said coverage, for the approved event date, shall be delivered to the CITY no less than five (5) working days prior to the event. To this regard, the City offered Special Event Insurance shall suffice as necessary coverage, which includes product liability, and may be purchased from the CITY's Recreation Department at a cost of $45.00 per day. 11. COMPLIANCE OF LAWS The Concessionaire hereby agrees to comply with all city, county, state and federal laws, code, regulations and policies during the operations herein described. 12. 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 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 gov- ernmental rule or regulation now in effect or hereafter enacted or adopted. I14 WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. 6. - 4 - CONCESSIONAIRE CITY t. itrick's Dav Parade Committee, Inc. CITY OF MIAMI, FLORIDA B7 : By : President City Manager Attest: Secretary (Corporate Seal) * V.itnesses: Attest: City Clerk Approved as to Form and Correctness: George F. Knox, Jr., City Attorney * To be used if tenant is not a corporation - 5 - 13 Y 82-P14