HomeMy WebLinkAboutR-81-0757. � RESOLUTION NO. 1 7 5 7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A ONE -DAY CONCESSION AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH
THE PERFORMING ARTS FOR COMMUNITY EDUCATION
(PACE) FOR FUND-RAISING CONCESSION ACTIVITY
AT PEACOCK PARK, SEPTEMBER 27, 1981, DURING
THE SCHEDULED PACE BIRTHDAY CONCERT AT SAID
PARK.
WHEREAS, the Performing Arts for Community Education
(PACE) has scheduled a Birthday Party Concert, at the City
of Miami Peacock Park, and has subsequently requested auth-
orization for fund-raising concession activity in conjunction
with said Concert to generate supplemental funds for the forth-
coming PACE budget; and
WHEREAS, the City Manager has reviewed said request and
has recommended approval of such activity subject to the execu-
tion of a one -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 one -day agreement, in substantially the form
attached hereto, with the Performing Arts for Community
Education (PACE) for fund-raising concession activity at
Peacock Park, September 27, 1981, during the scheduled PACE
Birthday Party Concert at said Park.
PASSED AND ADOPTED this 10 day of September , 1981.
MAURICE A. FERRE
M A Y O R
T:
LPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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GEORGE F. K OX, JR.$ CI Y ATTORNEY
CTTY COMMISSION
MEETING OF
SEP 101981
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CITY OF MIAMI,
FLORIDARANDUM13 INWC)1' fLE%O,tr
To Howard V. Gary DAtE August 19, 1981 FILE
City Manager
FROM Albert H. Howard, Director
Department of Leisure Services
SUBJECT Proposed Resolution -
One -Day Concession
Agreement - PACE
REFERENCES
ENCLOSURES
It is recommended that the City Manager be
authorized to execute a one -day concession
agreement with the Performing Arts for
Community Education (PACE) for fund-raising
concession activity during the scheduled
Birthday Party Concert at Peacock Park,
September 27, 1981, in accordance with the
terms and conditions therein contained, as
per the attached resolution.
The Performing Arts for Community Education (PACE) has scheduled a Birthday
Party Concert, September 27, 1981, at Peacock Park, to commemorate their
seventh (7th) year of service to the community.
z In an effort to raise funds to supplement the PACE budget, they have requested
approval of the City for concession activity such as the sales of T-shirts,
sun visors, posters, helium -filled balloons, Coke, ice cream, etc., some of
` which will be sold directly by PACE and some assigned to local business.
i It is, therefore, recommended that the City Commission authorize the City
Manager to execute a one -day concession agreement with PACE, as per the
attached resolution 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
Ithe City named as an additional insured.
2. PACE shall be the contracted party and shall assign appropriate
vendors other than PACE, subject to the approval of the City
Manager. PACE shall be responsible for submitting a statement
�} of sales from each assignee and payment.
�I
3. All sale items directly representing and sold by PACE shall be
exempt from charges; all other sales by PACE or an assignee,.
1
shall be assessed a charge of 10% of the gross sales.
- 81 -757
Howard V. Gary August 19, 1981
City Manager Page 2
4. PACE or their approved assignees shall not conflict with the
existing concessionaire under contract with the City for Peacock
Park.
5. Required clean-up deposit.
6. Compliance with all laws and codes, i.e. no alchoholic beverages,
gambling, drawing for prizes, etc.
7. Standard hold harmless/indemnification clauses.
AHH/KDH/mf
Encl.
C
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 Performing Arts for Community
Education, Inc., (P.A.C.E.) a State of Florida non-profit corporation, with
offices in 2121 S.W. 27th Avenue, Miami, Florida 33145, hereinafter called 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
WHEREAS, the Concessionaire is desirous in obtaining one -day concession
priviledges for the purpose of raising funds to supplement program efforts of
the Performing Arts for Community and Education; 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
concessions in Peacock Park in conformance with the purpose for the period
stated herein and subject to all terms and conditions herein contained and
fairly implied by the terms hereinafter set forth:
a. This Agreement shall grant concession privileges for a one (1)
day period of September 27, 1981, during the hours of the schedule
PACE Birthday Concert. Should inclement weather or any unfore-
seen 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.
81 -757
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5. CUSTODIAN SERVICES AND MAINTENANCE
The CITY agrees to furnish to the Concessionaire the previously
identified physical facilities and space. The Concessionaire agrees to service
and maintain the area, via a volunteer clean-up crew or contracted services, 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 ($100.00). Should, following inspection of the park, the
Recreation Division deems that the Concessionaire has satisfactorily clean-up
the park to the aforementioned condition, said clean-up deposit shall be re-
turned in full, to the Concessionaire.
6. UTILITIES
The Concessionaire shall hereby be responsible for all utility re-
quirements of concession operation(s) other than those currently available at
the park site and shall obtain the approval of the City Manager or his appointed
designee prior to installation of any such requirement.
7. CONSIDERATION
Regarding concession activity, any sales directly representing and
sold by PACE shall be exempt from charges by the CITY; however, all other sales
by the Concessionaire or an assignee shall be assessed a charge of 10% of the
gross sales.
It is expressly understood that the Concessionaire (PACE), as the
contracted party to the CITY, shall be totally responsible for the assignee$
including the submitting of a statement of sales from each assignee and appro-
priate payment, within thirty (30) days preceding the event. Said payments
shall be payable to the City of Miami, c/o the Recreation Division of the Depart-
ment of Leisure Services. The Concessionaire grants to the CITY the right and
authority to audit all records, documents, and books pertaining to the concession
operation (s) .
8. RIGHT TO INSPECTION OF PREMISES
The Concessionaire agrees that the concession facilities and premises
may be inspected at anytime by authorized representatives of the City Manager
or his designee or by any other state, county of municipal office or agency
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.
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81 -757
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b. The CITY hereby provides to the Concessionaire the use of
Peacock 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 by P.A.C.E. - T-shirts, sun -visors, posters,
and helium filled ballons (2) vending by local business in
which PACE will receive a contribution.
It is expressly understood that all proposed concession actively
must be submitted for approval by the City Manager or his ap-
pointed designee no later than ten (10) working day prior to the
event, and that no such activity will conflict with the existing
concessionaire currently under contract by the CITY.
All concessions assigned by the Concessionaire shall have current
licenses normally required by the City or State for such conces-
sions 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: P.A.C.E., 2121 S.W. 27th. Avenue, Miami, Florida 33145.
All notice from the Concessionaire to the CITY shall be deemed duly
served if mailed to: CITY OF MIAMI, Director of Leisure Services, 2600 South
Bayshore Drive, P. O. 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 be 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 con-
ditions of the Concessionaire Agreement.
4. 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
Concessionaire as an agent of the CITY.
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5. CUSTODIAN SERVICES AND MAINTENANCE
The CITY agrees to furnish to the Concessionaire the previously
identified physical facilities and space. The Concessionaire agrees to service
and maintain the area, via a volunteer clean-up crew or contracted services, 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 clean-up
the park to the aforementioned condition, said clean-up deposit shall be re-
turned in full, to the Concessionaire.
6. UTILITIES
The Concessionaire shall hereby be responsible for all utility re-
quirements 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 PACE shall be exempt from charges by the CITY; however, all other sales
by the Concessionaire or an assignee shall be assessed a charge of 10% of the
gross sales.
It is expressly understood that the Concessionaire (PACE), as the
contracted party to the CITY, shall be totally responsible for the assigneef
including the submitting of a statement of sales from each assignee and appro-
priate payment, within thirty (30) days preceding the event. Said payments
shall be payable to the City of Miami, c/o the Recreation Division of the Depart-
ment of Leisure Services. The Concessionaire grants to the CITY the right and
authority to audit all records, documents, and books pertaining to the concession
operation(s).
8. RIGHT TO INSPECTION OF PREMISES
The Concessionaire agrees that the concession facilities and premises
may be inspected at anytime by authorized representatives of the City Manager
or his designee or by any other state, county of municipal office or agency
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.
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81.757
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
The Concessionaire shall idemnity and save the CITY harmless from any
and all claims, liability, losses, and causes of action which may arise out of
the Concession of this Agreement and 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 comprehensive policy to include
public liability, property damage, bodily injury, products liability, and the
CITY named 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.
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. HOLD HARMLESS
The Concessionaire assumes all risk in the operation of this concession
and shall be solely responsible and answerable in damages for accidents or in-
juries to persons or property, whether direct or indirect, arising out of the
operation of this concession or arising by virtue of the carelessness, negligence
or improper conduct of the Concessionaire or any servant, agent or employee of
of the Concessionaire, and hereby covenants and agrees to idemnify and save harm-
less the City of Miami, Florida and their officers and employees from every such
claim, suit, loss damage or injury, which responsibility shall not be limited
to the insurance coverage herein required.
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13. INDEMNIFICA'TION AND SUSPENSION
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 regulation, or
of any governmental rule or regulation now in effect or hereafter enacted or
adopted. The Concessionaire will protect, idemnify, and forever save and keep
harmless the CITY and individual members thereof and their agents, from and
against damage, penalty, fine, judgment, expense or charge suffered, imposed,
assessed or incurred for any violation, or breach of any law, ordinance, rule,
order or regulation occasioned by any act, neglect or omission of the Conces-
sionaire or any employee, person or occupant.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this
instrument for the purpose herein expressed, the day and year above written.
By:
Attest:
TENANT
President
Secretary
(Corporate Seal)
* Witnesses:
Approved as to Form and Correctness:
George F. Knox, Jr., City Attorney
By:
LANDLORD
CITY OF MIA14I , FLORIDA
City Manager
Attest:
City Clerk
* To be used if tenant is not a coorporation.
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It
July 31, 1981
Mr. Albert H. Howard
Director, Department of Leisure Services
City of Miami
2600 South Bayshore Drive
Miami, Florida 33133
Good day, Mr. Howard,
With P.A.C.E. approaching its seventh birthday in September,
we have planned an exceptional Birthday Party Concert to be
held at Peacock Park on Sunday, September 27. The afternoon's
activities will have a "something for everyone" line-up of
entertainment to celebrate P.A.C.E.'s 7 years of service to
the community and the performing arts. We also plan to focus
public attention on how P.A.C.E. continues to present live,
free events to the community and the relevant need for citi-
zen involvement and support.
As I'm sure you know, the arts (as well as recreational ser-
vices) seem always to be among the hardest hit when govern-
ment cut backs are upon us. In light of these realities, the
focus of P.A.C.E.'s fundraising plan is to increase membership
levels and therefore individual involvement, and to offer
attractive items for sale, such as our P.A.C.E. t-shirts.
We are hoping, Mr. Howard, to have an opportunity to do some
fund-raising in this manner at our Birthday celebration, and
would like to request a City Permit to sell such itmms at our
Peacock Park concert. Specifically, the items would be t-shirts,
sun visors (hats), posters and helium filled balloons for chil-
dren. In addition, some local businesses have offered to sup-
ply refreshments for sale (such as Haagen Daz ice cream) with
a good percentage of the proceeds to be donated to P.A.C.E.
We realize that the permit clearance process takes time, and
would like to place this request now to afford adequate time
for the process. Should you require any additional information
or pertinent data, please don't hesitate to call on us at any
time.
Thank you for your attention to this matter.
Sincerely,
Rod E. Glaubman Richard W. Spisak
President Production Manager
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Performing Arts for Community & Education, Inc. A Corporation not for profit. 81
2121 S w 27th Avenue. Miami rinrie4a Qitdc narin aSA_aau 93.^t&,*r.4 7AA ef17r%
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Mr. Rod E. Glaubman, President
P.A.C.E.
2121 S. W. 27th. Avenue
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Miami, Florida 33145
I Dear Mr. Glaubman:
1 0,
August 7, 1981
ilC!4ARD L. Fn M QrM
Ci;.. ', lan.,,,er
I am in receipt of your request for fund-raising sales at the September 27th
Birthday Party Concert at Peacock Park.
Please be advised that the granting of such a request may only be approved
on the following term and conditions:
Pursuant to Section 38-45 of the City Code only those properly
licensed Concessionaires under contractual agreement with the
City may offer for sale any such merchandise on park property.
Therefore, a one -day concession agreement would have to be
agreed upon by PACE and the City and formally ratified by the
City Commission on September 10, 1981. The Agreement would
include:
A. PACE being named as the contracted party with authorization,
subject to the City approval, in assigning appropriate
vendors.
B. PACE shall provide the City with a'certificate of insurance
for coverage of September 27th as follows: a general com-
prehensive policy (public liability, property damage, and
bodily injury, including products liability) in the amount
of one million dollars ($1,000,000) with the City named as
an additional insured.
C. Any sale items directly representing and sold by PACE shall
be excempt from charges; however, all other sales by PACE
or an assignee, shall be assested a charge of 10`k of the
gross sales.
It is expressly understood that PACE shall be totally res-
ponsible for the assignees, including the submitting of a
statement of sales from each assignee and gayment, within
thirty (30) days proceeding the event.
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Mr. Rod E. Glaubman, President
August 7, 1981
Page Two
D. Any food and beverage vendor assigned by PACE shall not offer
for sale any "hot dogs" as to not interfere or conflict with
I
the existing concessionaire under the agreement with the City
for Peacock Park.
}
E. No alcoholic beverages of any kind shall be offered for sale,
no form of gambling shall take place, including any drawing
for prizes.
F. PACE shall submit a clean-up deposit and shall be responsible
for complete cleaning of park resulting from the event or
shall forfeit said deposit.
G. Standard hold harmless clause.
H. Standard identification clause.
Should the aforementioned stipulations meet with your favor, kindly contact
Kirk Hearin, 579-3400, to proceed on this matter.
Sincerely,
tb1'�H�11o/w4ard'a�
Director
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