HomeMy WebLinkAbout3061 RESOLUTION NO. 3061
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 OPTIMIST CLUB OF AUBURN,
WASHINGTON FOR THE CONCESSION OPERATION AT THE GAME FARM
PARK BALLFIELDS FOR 1999.
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 OPTIMIST CLUB OF AUBURN, WASHINGTON for the concession operation
at the Game Farm Park ballfields for 1999. A copy of the Agreement is attached
hereto, designated as Exhibit "A" and incorporated by reference in this Resolution.
Section2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Resolution No. 3061
January 27, 1999
Page I
DATED AND SIGNED this 16th day of February, 1999.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Daniellc '~Daskam, Ca~'-xy Richa~
City Clcrl~ Deputy City Cld~e'rk
APPROVED AS TO FORM:
City Attorney
Resolution No. 3061
January 27, 1999
Page 2
AGREEMENT FOR FOOD CONCESSION SERVICES
THIS AGREEMENT is made and entered into this } >"' day of March, 1999 by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington
whose address is 25 West Main, 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 34103
133rd Avenue SE, Auburn, Washington, 98092, hereinafter referred to as
"CONCESSIONMRE".
~VITNESSETH:
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;
WHEREAS, the CONCESSIONAIRE is a non-profit organization; and
NOW, THEREFORE, in consideration of the promises, covenants, terms and
conditions herein contained, the parties agree as follows:
Agreement - Auburn Opt/mist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 1
1. PURPOSE.
The purpose of this Agreement to contract with CONCESSIONAIRE to provide a
food concession at Game Farm Park for the benefit of the general public.
2. TERM OF AGREEMENT.
The term of this Agreement shall be for a period of eight (8) months, commencing on
the 22nd day of March, 1999 and terminate on the 30th day of October, 1999, 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 gum, AND PROVIDED FURTHER at no time
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 2
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 in all league
and toumament games from the 22nd day of March, 1999 to the 30th day of
October, 1999, the CITY shall provide to CONCESSIONAIRE a schedule of
all league and toumament 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 without obtaining the prior written consent
of the Director of Parks and Recreation. Request to make any alterations,
repairs or improvements 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
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 3
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) 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.,
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 books, records and inventories of the CONCESSIONAIRE at any
reasonable time for the purpose of ascertaining compliance with this Agreement.
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 4
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, it 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 that 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 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
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 5
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 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 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
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 6
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 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
retum 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 fight 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 fight to
terminate this Agreement, to enter and obtain possession of the entire
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 7
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 any 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 fight 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.
13. GENERAL PROVISIONS.
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.
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 8
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.
CITY OF AUBURN
MAYOR
ATTEST:
Danicllc '.~karn, Catahy Richardson,
City Clerk Deputy City Clerk
APPROVED AS TO FORM:
ynolds'
City Attorney
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 9
OPTIMIST CLUB OF AUBURN, WASHINGTON
BY:
TITLE:/"'~ff tt///'~/'L-
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
No~ O~L~Zc 2 '
of ' ' 'r er 'e~
~~ ~, to me ~o~ to be the
~0~ ~ of the OPTIMIST CLUB OF AUBU~,
WAS~NGTON, ~e non-profit coloration ~at executed ~e ~thin ~d foregoing
inst~ent, ~d ac~owledged s~d inst~ent to be ~e flee ~d vol~t~ act ~d deed of
said non-profit org~i~tion, for the ~es ~d p~oses therein mentioned, ~d on oath stated
that he/she is authorized to execute said inst~em on behalf of s~d non-profit org~ization.
~ ~ESS ~E~OF, I have here~to set my h~d ~d affixed my of~ei~ seal
· e date hereinabove set fo~h.
NOTARY~LIC in or e State of
Was~n~on, residing a~;~
(:ff MY COMMISSION expires:
Agreement - Auburn Optimist Club
Resolution No. 3061 Exhibit "A"
January 27, 1999 (Contract/Optimist)
Page 10