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HomeMy WebLinkAboutR-76-099717/76 AM/A ION NO. 76497 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PARAMOUNT CONCESSIONS, INC. FOR THE EXCLUSIVE RIGHT TO SELL FOOD AND BEVERAGES ALONG THE NEW YEAR'S ORANGE BOWL PARADE ROUTE, FOR A PERIOD OF 5 YEARS, COMMENCING DECEMBER 31, 1976, UPON THE TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT ATTACHED HERETO. IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized and directed to enter into an agreement with Paramount Conces- sions, Inc. for the exclusive concession rights to sell food and beverages along the New Year's Orange Bowl Parade Route for a period of 5 years, commencing December 31, 1976, upon tb.e terms and conditions as set forth in the agreement attached hereto and made a part hereof. PASSED AND ADOPTED this 11 day ofNOVEMBER 1976. MAUR I CE A. FERRE ATTEST: CIT CLE PREPARED AND APPROVED BY: ROBERT F. CLARK Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: )jk Q"A-1/-)JJ)*-fil^" FRANK H. WESTON Acting City Attorney MAYOR "DOCUMENT/INDEX ITEM NO. " "SUPPORTIVE DOCUMENTS FOLLOW" CITY COMMISSION MEETING OF NOV 1 1 1976 RESOLUTION NO...76 14 REMARKS: III'11l1111111 IIIIIIIIIIII i Vft TO cihY Or MIAMI, I='LOPIOA tNtet4=OP*Ict MEMORANt UM Jack tads, Assistant to the City Manager Frank H. Weston Acting City Attorney OATS September 19 ' t. t t i' . ) M ittl 1976 FILE 3'-'9J :" paramount Concessions , Inc. ©range bowl Parade Concession Agreement REFERENCES ENCLOSURES l direct your attention to the fact that a blank has been left in Paragrauh 37 providing for written notice of termination. The minimum period to be provided for legally adequate notice of termination (which in this context is equivalent to non -renewal of a contract otherwise to be performed annually) should he filled '_n before the agreement is signed by Paramount and by the. City Manager PHW: JTS : ps encl. JTS igg 9/13/7GA Tflt8 AGRLEOEUT, made and entered into this �. 1976, by and between PARAIt0Ut4T CONCESSIONS, a Florida corporation, hereinafter referred to as PNt MOUNT, d the CITY OF t1IF1"tl, a municipal corporation of the State of 11brida, hereinafter referred to as the CITY. W ITNESSET tI That by authority of Resolution No. , patted and opted by the Commission of the City of Miami, and for and in consideration of the mutual covenants and agreements hereinafter Set forth, the parties hereto agree as follows: PARAMOUNT COVENANTS AND AGREES : 1. To sell food, beverages and novelties in the public right-of-way, including streets and public parks hereinafter called the public right-of-way, at the 1977 - 1981 Miami Orange Bowl Parades 2. To furnish all necessary concession equipment for the purpose of serving and selling food, beverages and novelties, and providing back rests for rental to Orange Howl Parade viewers. 3. To pay to the City the sum of $1,700 (One Thousand Seven Hundred 00/100 Dollars) for 1977, $1,800 (One Thousand Eight IIundred 00/100 Dollars) for 1978, $1,900 (One Thousand Nine hundred 00/100 Dollars) for 1979, $2,000 (Two Thousand 00/100 Dollars) for. 1980, $2,100 (Two Thousand One Hundred 00/100 Dollars) for 1981 in consideration of the license granted by this agreement. 4.To abide uy all pertinent rules, regulations, ordinances and laws of the City of Miami, The County of Dade, the State of Florida, and the United States of America, now in force or here- after adopted, and such existing or future rules and regulations eStablished or which may be established by the City ;tanager. 5. To hold harmless and indemnify the City from and against any claim or liability arising out of or in connection ►itii the performance of this contract or any act or omission a t on the part of Paramount in connection with such performance. "SUPPORTIVE DOCUMENTS FOLLOW" o maintain its force at all tunes dut ng the perind agreement, public liability insurance in the amount of 0,000.00/$1,000,000.00 and property damage and products liability insurance in the amount of $1.00,000,00. The City of Miami shall be named as an additional insured under the terns of said policy or policies. 7. To obtain all necessary licenses and permissions required for the lawful operation of this concession. 8. To abide by all pure food and sanitary laws, eluding those concerning; food and beverage handlers. 9. To adhere to the price schedule and quality and service requirements contained in the "Description of Com- modities and Prices" attached hereto and made a part hereof. 10. Not to employ any employee of the City of. Miami in connection with the operation of this concession unless prior written approval of the City Manager shall have been obtained. 11. That no assignment of this contract or any part thereof, n►ade by Paramount, shall be valid or binding upon the City unless such assignment shallbe in writing and shall be approved by the City Commission. 12. That the City shall not be liable for the loss of or damage to merchandise, goods, equipment or other property of Paramount, however same may be lost or damaged, unless such loss or damage shall have been caused by willful or negligent act of the City. 13. Not to locate or authorize to be located any conces- sion stand in the public right-of-way or on public land other than as authorized and approved under this agreement. Such "Authorized Concession Stand Location List" is attached hereto and made a part hereof. 14. To furnish all labor and service required to maintain oncession stands and area adjacent to concession operations lean and sanitary condition and to maintain the premises "SUPPORTIVE DOCUMETS FOLLOW„ iimet`t in accrrdattce With the tetuitements all Concerned health authorities and pure food exaMiners and the premises and concession equipment available Pot spection by such authorities at all times. 15. To furnish to any authorized representative of the City bepartment of Internal Audit, at the offices of the bepart ttett, such books of account and financial statements pertaining its sales at the Orange Bowl Parade as may be requested by such representative. 16. To allow the City Manager or his representative at all reasonable times to inspect any and all areas of the Orange $otl Parade Concessions under its control or used in connection with its operations. 17. The City shall have the right to cancel this agree- ment for all purposes and to retain the monies paid to it pur- suant to this agreement as liquidated damages and not as a penalty in the event that Paramount shall fail to perform any of the covenants and agreements on its part, provided that notice of such cancellation for such reason shall be furnished to Paramount simultaneously with or prior to the effective time of such cancellation. 18. To provide and post in conspicuous locations, signs showing the prices of all commodities. The size, location and context of said signs and any other advertising material shall be subject to the approval of the City Manager or his representative. 19. To provide for sale a sufficient supply of merchandise and commodities to adequately serve the public. 20. To provide top line equipment which conforms to national sanitary foundation codes and to bear the plumbing, electrical and other expenses involved in the installation of same, however, any additional electrical outlets or plumbing beyond that provided by the City at the time of the execution of this tease shall be provided by Paramount, CUMENTS E)!I +.. t complete 'normal deliveries for the to tessitit At least three (1) hours prior to the parade cotPtenee,. tithe. 22. To allow the City to inspect, check of inventory t ercharndise prior to the opening, during the operatiori of and after the closing of concession stands. 23. That its employees shall wear uniforms, as approved the City, and that each employee shall have a numbered identification button (containing a number different than that of any other employee) attached thereto, in plain view. That all vendors shall also wear a headdress and marker indicating, in plain view, the price of the particular commodity being sold. 24. That all items for sale and all items used for display purposes shall be located behind the counters of the concession stands. 25. That no wines, beers, liquors or alcoholic beverages f any kind or nature shall be sold, offered or given away. 26. That no bottled or canned beverages of any kind all be offered for sale in the public right: -of --way. 27. That all soft drinks shall be dispensed through the use of pressurized tap dispensing equipment, unless otherwise agreed upon in writing with the City Manager, and that all soft drinks or other beverages sold shall be popular brand name beverages. In addition to other beverages, Paramount will offer for sale fresh squeezed Florida orange juice. .The construction of all containers used to carry the wares of the vendors shall be solid rather than a wire basket construction and shall not be of such size as to interfere with seated customers. The City Manager or his representative shall have the right to disapprove any such container and any container so disapproved shall not be used. 28, To use only paper cups, plates or containers and only forks, knives or spoons. No wooden items are to be used, SUPPORTIVE ,;, be te:ponsible for all maintenance directly to the concession stands, i.e. structures, equipment ittclucing rented or leased equipment) and clean-up and eortaineriue all residue and debris around the concession sites for pick up by the City of Miami Sanitation forces after the parade conclusion. 30. That all sales prices shall end at either the digit or 0 and shall include the sales tax which shall be a part f the sales price. (Example: Item 25 or 2(J. 31. . To only employ literate, neat, clean and well groomed and courteous persons to work at these concession facilities. 32. To provide, at its sole expense, all garbage and trash receptacles withinthe conf4.nes of its operation and to provide a sufficient number of same for its own use and for the use of the publi.c in the areas adjacent to the concession areas. 33. That the constructi on, rental and storage of rest backs shall be governed by the following terms: (a) The construction shall be of such type as to avoid interference with the seating of other patrons. ) When same are not being used, .they' shall be stored in the storage space allocated. They must be picked up and removed immediately after the conclusion of the parade. ) Sales must be made from the storage space allocated so as not to block aisles or interfere with the flow of patrons. CITY COVENANTS AND AGREES: 34. Paramount is granted the exclusive right to sell fooe., beverages and novel ties, and rent back rests in the public right-of-way at the 19t12 orange Bowl Parade. "SUPPORTIVE DOCUMENTS FOLLOW" cct'ridty and water consumed by t't tarnouht etattort of its concession pursuant to this agreement be furnished by the City without charge to Paramount, 36. The City shall pick up without charge.to Paramount )g11 trash, rubbish and garbage, all of which shall be placed it receptacles in areas to be designated by the City Manager, lT lS FURTHER AGREED BY THE PARTIES HERETO AS FOLLOWS: 37. This license agreement shall extend from the effectivc date thereof Lo and ihcludin6 the Orange Bowl Parade to be held on December 31, 1930, and the rights, privileges, liabilities and duties of the parties hereunder shall con- tinue until the completion of the 1980 Orange Bowl Parade, provided, however, that either party shall have the right, on el days written notice delivered, in the case of the City, to the office of the City Manager, and to Paramount at its principal glace of business in the City of Miami, to terminate this agreement for any reason and in its sole discre- tion. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. Witnesses as to Paramount Concessions,Inc, 664;7 Witnesses as to The City of Miami Resolution No, Passed and adopted PARAMOUNT CONCESSIONS, INC. a Flo id,k1 Corporation B THE CITY OF NIAMI, a municipal corporation of the State of Florida APPROVED AS TO PORM•AN,D C0JU UCT1 :ASS Fri :- Weston, r.ct:i.3 ,; City ltrtnr ey CiCy Clerk --