HomeMy WebLinkAbout03-06-2006 ITEM VIII-B-9CITY OF
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Concession Agreement with the Optimists Club
Date: 3/6/ 2006
Auburn, Washington
Department: Parks, Arts and
Attachments: Resolution 3993 and
Budget Impact:
Recreation
Agreement with Optimists
Administrative Recommendation:
City Council adopt Resolution No. 3993.
Background Summary:
Resolution 3993 authorizes the Mayor to execute an agreement between the City of Auburn and the
Optimists Club of Auburn Washington to operate the food concession stands at Game Farm Park.
Optimists Club of Auburn is a non-profit organization and the concession provides a service to visitors of
the parks, as well as funds for the organization.
R0306-1
05.1
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ® Planning & CD
❑ Fire ❑ Planning
❑ Park Board []Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Faber
Meeting Date: March 6, 2006 Item Number: VIII.B.9
AUBURN* MORE THAN YOU IMAGINED
RESOLUTION NO. 3 9 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF
AUBURN TO EXECUTE A CONCESSIONAIRE
AGREEMENT BETWEEN THE CITY AND THE
OPTIMISTS CLUB OF AUBURN WASHINGTON
FOR THE CONCESSION OPERATIONS AT GAME
FARM PARK BALLFIELDS FOR 2006
WHEREAS, the City is the owner of the park areas commonly known as
Game Farm Park; and
WHEREAS, the City is the owner of the concession buildings located at
Game Farm Park; and
WHEREAS, the Optimists Club of Auburn, Washington, a non-profit
organization, has requested to utilize said concession buildings to operate food
concessions on the premises of Game Farm Park.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. Purpose. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute a Concessionaire Agreement
between the City and the OPTIMIST CLUB OF AUBURN, WASHINGTON for the
concession operation at the Game Farm Park ballfields for 2006 in a form
substantially conforming with the Agreement attached hereto, designated as
Exhibit "A", and incorporated by reference in this Resolution.
Resolution No. 3993
February 22, 2006
Page 1 of 2
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED and SIGNED this day of March, 2006.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 3993
February 22, 2006
Page 2 of 2
Resolution 3 9 9 3
EXHIBIT "A"
AGREEMENT FOR FOOD CONCESSION SERVICES
THIS AGREEMENT is made and entered into this day of March,
2006, 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, Washington
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 concession
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. 3993 Exhibit "A"
February 10, 2006
Page 1 of 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 17th day of
April, 2006, and terminate on the 11th day of November, 2006,
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 be 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. 3993 Exhibit "A"
February 10, 2006
Page 2 of 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 17th day of April, 2006, to the 11th day of
November, 2006, Monday through Saturday, and 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.
D. The CONCESSIONAIRE shall not make any alterations,
repairs, or improvements to the concession building,
equipment, or to the area immediately around said building
Agreement — Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 3 of 12
without obtaining the prior written consent of the Director of
Parks and Recreation. Request to make any alterations,
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 origin or
mental, sensory, or physical handicap.
6. INCOME STATEMENT AND RIGHT TO INSPECT RECORDS.
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
Agreement— Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 4 of 12
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 books,
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 arising 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
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 against the
CITY and/or its officers, agents, and/or employees or any of them
Agreement — Auburn Optimist Club
Resolution No. 3993 Exhibit W
February 10, 2006
Page 5 of 12
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 cost 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
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 maintain liability
limits of no less than One Million Dollars ($1,000,000.) combined
Agreement — Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 6 of 12
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 the insurer
shall reduce or eliminate such deductibles or self insured retentions
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 subcontractors. The
coverage shall contain no special limitations on the scope of
protection afforded to the CITY, its officials, employees, or
agents.
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
Agreement — Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 7 of 12
whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
D. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, cancelled, reduced in coverage or in limits, except
after thirty (30) days prior written notice by certified mail
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 endorsements
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.
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 terminate
this Agreement, to enter and obtain possession of the entire
premises, to remove and exclude any and all persons from
Agreement — Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 8 of 12
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.
12. DISPLAY OF HEALTH DEPARTMENT PERMITS
CONCESSIONAIRE is required to obtain and display all Health
Department permits, which are required by law.
CONCESSIONAIRE agrees to operate the concession in
compliance with all applicable Health Department requirements.
Agreement — Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 9 of 12
13. GENERAL PROVISION
A. No waiver by either party of any breach or default hereunder
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, attorneys'
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.
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.
Agreement — Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 10 of 12
CITY OF AUBURN
PETER B. LEWIS,
MAYOR
ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Agreement — Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 11 of 12
OPTIMIST CLUB OF AUBURN, WASHINGTON
133
TITLE:
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this day of , 2006, 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 organization.
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 — Auburn Optimist Club
Resolution No. 3993 Exhibit "A"
February 10, 2006
Page 12 of 12