HomeMy WebLinkAboutITEM VIII-B-1
AGENDA BILL APPROVAL FORM
Agenda Subject: Amended Concession Agreement with the Optimists
Club, Auburn, Washington
Department: Parks and Attachments: Resolution No. 3866
Recreation and Amended Agreement with
Optimists
Administrative Recommendation:
Date: June 16, 2005
Budget Impact:
City Council adopt Resolution No. 3866.
Background Summary:
Resolution No. 3866 authorizes the Mayor to execute an amended concession agreement between the
City of Auburn and the Optimists Club of Auburn, Washington to operate the food concession stands at
Game Farm Park. The only change from the original contract is in No.3 - Scope of Service, Section E,
where it states that being open during league play on Sunday evenings is at the discretion of the
Concessionaire.
Over the past few years the Optimist Club of Auburn has encountered both staffing constraints and
revenue issues during Sunday evening league play. While staffing is an issue, a greater concern is the
lack of product sold during the four to five hours the league plays. Historically, approximately $35 in sales
are recorded on Sunday evenings during that time period; fifty percent of that amount represents cost of
goods. Many participants in the league come as families, who bring their own coolers, thermos, and bar-
b-ques, and do not purchase anything from the concession area.
Optimists Club of Auburn is a non-profit organization and, in addition to the service to visitors of the parks,
100% of funds raised by the organization are donated back to the Auburn community, including Auburn
Parks and Recreation's youth sports programs. The relationship with this organization has proven to be a
good one.
R0705-1
05.1
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services [8J Planning & CD
[8J Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire 0 Planning
o Legal 0 Police
o Public Works D Human Resources
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Norman I Staff: Faber
Meeting Date: July 5, 2005 I Item Number: VIII.B.1
RESOLUTION NO. 3 8 6 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK OF THE CITY OF AUBURN TO AMEND A
CONCESSIONAIRE AGREEMENT BETWEEN THE CITY AND
THE OPTIMISTS CLUB OF AUBURN WASHINGTON FOR THE
CONCESSION OPERATIONS AT GAME FARM PARK
BALLFIELDS FOR 2005
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS
FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn, Washington,
are hereby authorized to execute a Concessionaire Agreement between the City
and the OPTIMISTS CLUB OF AUBURN, WASHINGTON for the concession
operation at the Game Farm Park ballfields for 2005 in a form substantially
conforming with the Agreement is attached hereto, designated as Exhibit "A", and
incorporated by reference in this Resolution.
Section 2. The Mayor is hereby authorized to implememt such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full fclrce upon
passage and signatures hereon.
Resolution No. 3866
June 16, 2005
Page 1012
...-.--------------....---....-...------ ------"'-
DATED and SIGNED this
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
/~
;
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Resolution No. 3866
June 16, 2005
Page 2 012
day of July, 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution 3 8 6 6
EXHIBIT "A"
AMENDED AGREEMENT FOR FOOD CONCESSION SERVICES
THIS AGREEMENT is made and entered into this
day of March,
2005, by and between the CITY OF AUBURN, a municipal corporation of the
State of Washington whose address is 25 West Main Street, Auburn, Washington
98001, hereinafter referred to as "CITY", and the OPTIMIST CLUB OF AUBURN,
WASHINGTON, a non-profit organization organized under the laws of thE! State
of Washington, whose address is Post Office Box 1794, Auburn, Washin!~ton
98071, hereinafter referred to as "CONCESSIONAIRE",
WHEREAS, The CITY is the owner of the premises commonly known as
Game Farm Park; and
WHEREAS, the CITY has constructed upon the aforesaid premises a
concession building; and
WHEREAS, the CONCESSIONAIRE would like to utilize said conc:ession
building to operate a food concession on the premises of Game Farm Park; and
WHEREAS, the CONCESSIONAIRE is a non-profit organization;
NOW THEREFORE, in consideration of the promises, covenants, terms,
and conditions herein contained, the parties agree as follows:
Agreement - Auburn Optimist Club
Resolution No. 3866 Exhibit "A"
June 16, 2005
Page 1 01'12
1. PURPOSE.
The purpose of this Agreement is to contract with
CONCESSIONAIRE to provide a food concession at Game Farm
Park for the benefit of the general public.
2. TERMS OF AGREEMENT.
The term of this Agreement shall commence on the 10th day of
April, 2005, and terminate on the 12th day of November, 2005,
unless sooner terminated as hereinafter provided,
3. SCOPE OF SERVICES.
A. The CONCESSIONAIRE agrees that the concession
operations shall not be conducted for personal gain, All
profits derived from the concession operation shall b,~ used
for community projects as approved by the PARK BOARD.
B. Any and all individuals employed by the CONCESSIONAIRE
in the concession operation shall work without salary, wage,
or compensation of any kind.
C. The prices charged by the CONCESSIONAIRE for services,
food, and drinks shall be reasonable and shall not be in
excess of prices prevailing elsewhere for the same kind and
quality of service.
D, Sales shall be limited to food items and soft drinks,
PROVIDED the CONCESSIONAIRE shall not sell or provide
sunflower seeds, unshelled peanuts, styrofoam cups, or
Agreement - Auburn Optimist Club
Resolution No. 3866 Exhibit "A"
June 16, 2005
Page 2 01 12
gum, AND PROVIDED FURTHER at no time shall
CONCESSIONAIRE sell or give away any alcoholic
beverages or allow any alcoholic beverages to be consumed
on the premises.
E. The concession shall have hours of operation as requested
in the application for a concession permit and the
concession shall remain open for all league and tournament
games from the 10th day of April, 2005, to the 1 ih dalY of
November, 2005, with the exception that on Sundays they
will remain open during tournament play, but may be closed
during league play at the discretion of the
CONCESSIONAIRE. CITY shall provide to
CONCESSIONAIRE a schedule of all league and
tournament games.
4. SCOPE OF USE.
A. The CITY hereby agrees that the CONCESSIONAIRE may
use the concession building located at Game Farm Park to
operate as a food concession.
B, The CONCESSIONAIRE shall not use or permit the
premises to be used for any other purpose or for any
unlawful or indecent activity.
C. An adult supervisor shall be present at all times when the
concession is in operation.
Agreement - Auburn Optimist Club
Resolution No, 3866 Exhibit "A"
June 16, 2005
Page 3 01 12
D. The CONCESSIONAIRE shall not make any alterations,
repairs, or improvements to the concession building,
equipment, or to the area immediately around said building
without obtaining the prior written consent of the Dimctor of
Parks and Recreation. Request to make any alteratlions,
repairs, or improvement shall be in writing. Any such
permitted alterations, repairs, or improvements shall be
made at the expense of the CONCESSIONAIRE and shall
become the property of the CITY. The CONCESSIONAIRE
shall not post any signs without obtaining the prior written
consent of the Director of Parks and Recreation.
E, The CONCESSIONAIRE shall be responsible for the
reasonable and proper care of the concession building, The
CONCESSIONAIRE shall pay a fee of Fifty Dollars ($50.00)
per month of operation prior to occupation of the facility. The
fee shall be deposited with the Parks and Recreation
Department.
5. NONDISCRIMINATION.
The CONCESSIONAIRE shall provide service to the general public
without discrimination as to age, sex, color, creed, national migin or
mental, sensory, or physical handicap.
Agreement - Aubum Optimist Club
Resolution No. 3866 Exhibit "A"
June 16, 2005
Page 4 01 12
6, INCOME STATEMENT AND RIGHT TO INSPECT RECOFmS.
The CONCESSIONAIRE shall submit to the Director of Parks and
Recreation, not later than ten (10) days following the scheduled use
of the concession building, i.e., ten (10) days from the date this
agreement terminates as provided in paragraph 2 above, a
statement of the gross and net profit of the concession for that
period of operation. The CONCESSIONAIRE shall keep accurate
records and the CITY shall have the right to inspect the bOCiks,
records, and inventories of the CONCESSIONAIRE at any
reasonable time for the purpose of ascertaining compliance with
this Agreement.
7. INDEMNIFICATION/HOLD HARMLESS.
The CONCESSIONAIRE agrees to defend, indemnify, and hold
harmless the CITY, its elected and appointed officials, employees,
and agents from and against any and all claims, demands and/or
causes of action of any kind or character whatsoever arisinø out of
or relating to the CONCESSIONAIRE, its employees,
subcontractors, or agents for any and all claims by any persons for
alleged personal injury, death, or damage to their persons or
property to the extent caused by the negligent acts, errors, or
omissions of the CONCESSIONAIRE, its employees, agents,
subcontractors, or representatives. In the event any suit or <Claim
for damages based upon such claim, action, loss, or damages is
Agreement - Aubum Optimist Club
Resolution No, 3866 Exhibit "A"
June 16, 2005
Page 5 01 12
brought against the CITY, the CONCESSIONAIRE shall defend the
same at its sole cost and expense; provided that the CITY retains
the right to participate in said suit if any principle of governmental or
public law is involved; and if final judgment be rendered agélinst the
CITY and/or its officers, agents, and/or employees or any of them
or jointly against the CITY and the CONCESSIONAIRE and their
respective officers, agents, subcontractors, employees, or any of
them, the CONCESSIONAIRE agrees to fully satisfy the same and
the CONCESSIONAIRE shall reimburse the CITY for any CQst and
expense which the CITY has incurred as a result of such claim or
suit. The provisions of this section shall survive the expiration or
termination of this Agreement.
8. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONCESSIONAIRE is
an independent contractor and not the agent or employee of the
CITY and that no liability shall Attach to the CITY by reason of
entering into this Agreement except as otherwise provided herein.
The parties agree that this contract may not be assigned in whole
or in part without the written consent of the CITY.
9. INSURANCE.
CONCESSIONAIRE shall procure and maintain, for the duration of
this Agreement, liability insurance against claims for injuries against
claims for injuries to persons or damages to property which may
Agreement - Auburn Optimist Club
Resolution No. 3866 Exhibit "A"
June 16, 2005
Page 6 01 12
arise from, or in connection with, services provided to the CITY by
the CONCESSIONAIRE, its agents, employees, or subcontractors,
under this Agreement. The CONCESSIONAIRE agrees to provide
comprehensive general liability insurance and shall maintaiin liability
limits of no less than One Million Dollars ($1,000,000.) combined
single limit per occurrence for bodily injury, personal injury,
products liability, and property damage. Any deductible or self-
insured retentions in either policies must be declared to, and
approved by, the CITY. At the option of the CITY, either th~ insurer
shall reduce or eliminate such deductibles or self insured mtentions
as respects the CITY, or procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense
expense. The policy is to contain, or be endorsed to contain, the
following provisions:
A. The CITY, its officers, employees, and agents are to be
covered as insureds as respect: Liability arising out of
services or responsibilities performed by or under the
obligation of the CONCESSIONAIRE under the terms of this
Agreement, its employees, agents, and subcontractclrs. The
coverage shall contain no special limitations on the scope of
protection afforded to the CITY, its officials, employees, or
agents.
Agreement - Auburn Optimist Club
Resolution No. 3866 Exhibit "A"
June 16, 2005
Page 7 01 12
B. Any failure to comply with reporting provisions of the policy
shall not affect coverage provided to the CITY, its officials,
employees, or agents.
C. Coverage shall state that the CONCESSIONAIRE'S
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with re,spect to
the limits of the insurer's liability.
D. Each insurance policy required by this clause shall bl3
endorsed to state that coverage shall not be suspencled,
voided, cancelled, reduced in coverage or in limits, except
after thirty (30) days prior written notice by certified ITIail
return receipt requested has been given to the CITY. The
CONCESSIONAIRE agrees to provide copies of the
Certificates of Insurance to the CITY at the time this
Agreement takes effect.
E. The CONCESSIONAIRE shall furnish the CITY with
Certificates of Insurance and with original endorseme,nts
affecting coverage required by this clause. The CITY
reserves the right to require that complete, certified copies of
all required insurance policies be submitted to the CITY at
any time,
Agreement - Auburn Optimist Club
Resolution No, 3866 Exhibit "A"
June 16, 2005
Page 8 01 12
-_"'_'.~~________._,..____._.__ __ - '_"n_' ________
10, TERMINATION OF AGREEMENT.
A. This Agreement may be cancelled by either party upon two
(2) weeks written notice. In the event of any breach of any
of the terms or provisions of this Agreement, the CITY shall
have, in addition to any other recourse, the right to t~~rminate
this Agreement, to enter and obtain possession of the entire
premises, to remove and exclude any and all persons from
the premises, and to remove and exclude all property of the
CONCESSIONAIRE therefrom all without service of notice
or resort to legal process and without a legal liability on its
part.
B, Upon the termination of this Agreement the
CONCESSIONAIRE shall peacefully surrender and deliver
up possession of the premises to the CITY, including all
improvements or any additions thereto, in good order and
condition, reasonable wear and tear excepted, From and
after the last day of scheduled use, CONCESSIONAIRE
shall have seven (7) days in which to remove and clear the
building of all its belongings.
11. A RIGHT TO INSPECTION.
The CITY shall have the right to make inspections at any
reasonable time to assure compliance with this Agreement.
Agreement - Auburn Optimist Club
Resolution No. 3866 Exhibit "A"
June 16, 2005
Page 90112
12. DISPLAY OF HEALTH DEPARTMENT PERMITS
CONCESSIONAIRE is required to obtain and display all HI3alth
Department permits, which are required by law,
CONCESSIONAIRE agrees to operate the concession in
compliance with all applicable Health Department requirements.
13, GENERAL PROVISION
A. No waiver by either party of any breach or default hE!reunder
shall be deemed a waiver of any preceding or any
subsequent breach or default.
B. This Agreement may not be changed or modified nor any
provision hereof waived except in writing agreed to by both
parties,
C. This Agreement shall be construed in accordance with any
and all questions with respect hereto by the laws of the State
of Washington.
D, Either party agrees to pay all reasonable costs, attomeys'
fees and expenses that may be incurred by the other party
who substantially prevails in enforcing the provisions of this
Agreement.
E. In the performance of the services, the CONCESSIONAIRE
agrees to comply with all applicable federal, state, and local
laws, rules, and regulations.
Agreement - Auburn Optimist Club
Resolution No, 3866 Exhibit"N
June 16, 2005
Page 100112
F. Notices required pursuant to this Agreement shall bE! mailed
to the parties at the addresses set forth above and shall be
deemed given when so mailed.
CITY OF AUBURN
PETER B. LEWIS,
MAYOR
ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Agreement - Aubum Optimist Club
Resolution No, 3866 Exhibit "A"
June 16, 2005
Page 110112
OPTIMIST CLUB OF AUBURN, WASHINGTON
BY:
TITLE:
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this
day of
, 2005, before me, the
undersigned, a Notary Public in and for the State of Washington, personally
appeared
, to me known to be the
of
the OPTIMIST CLUB OF AUBURN, WASHINGTON, the non-profit corporation
that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act of said non-profit organization, for the
uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument on behalf of said non-profit organizëltion.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the date hereinabove set forth,
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION expires
Agreement - Aubum Optimist Club
Resolution No, 3866 Exhibit "A'
June 16, 2005
Page 12 0112