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RESOLUTION NO. 3516
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
EMERALD CITY BATON CORPS FOR THE CONCESSION
OPERATION AT THE BRANNAN PARK BALLFIELDS
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
HEREBY 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 Emerald
City Baton Corps for the concession operation at the Brannan Park ballfields. A copy of
the Agreement is attached hereto, designated as Exhibit "A", and incorporated by reference
in this Resolution.
Section 2.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives ofthis legislation.
-'Y"I
DATED and SIGNED thisd:.--' day of September, 2002.
CITY OF AUBURN
~
PETERB. LEWIS
MAYOR
Resolution No. 3516
August 15,2002
Page 1 of2
ATTEST:
ifk~t~
D lle E. Daskam,
City Clerk
APPROVED AS TO FORM:
{J!
I D iel B. Heid,
City Attorney
Resolution No. 3516
August 15, 2002
Page 2 of2
Resolution 3516
EXHIBIT "A"
AGREEMENT FOR FOOD CONCESSION SERVICES
THIS AGREEMENT is made and entered into this p tl. day 0~2,
by and between the CITY OF AUBURN, a municipal corporation ofthe State of
Washington whose address is 25 West Main Street, Auburn, Washington 98001,
hereinafter referred to as "CITY", and the EMERALD CITY BATON CORPS, a non-
profit organization organized under the laws of the State of Washington, whose address is
2117 South 126th Street, Seattle, Washington 98168, hereinafter referred to as
"CONCESSIONAIRE".
WHEREAS, The CITY is the owner of the premises commonly known as
Brannan 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 Brannan Park; and
WHEREAS, the CONCESSIONAIRE is a non-profit organization;
NOW THEREFORE, in consideration ofthe promises, covenants, terms, and
conditions herein contained, the parties agree as follows:
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 1 of 11
I. PURPOSE.
The purpose ofthis Agreement is to contract with CONCESSIONAIRE to
provide a food concession at Brannan Park for the benefit ofthe general
public.
2. TERMS OF AGREEMENT.
The term of this Agreement shall commence on the 14th day of September,
2002, and terminate on the 2nd day of November, 2002, 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 proj ects 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 shall CONCESSIONAIRE sell or give away
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 2 of 11
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 tournament games from the 14th day
of September, 2002, to the 2nd day of November, 2002, 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 Brannan 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 improvement shall be in
writing. Any such permitted alterations, repairs, or improvements
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page3 of 11
shall be made at the expense of the CONCESSIONAIRE and shll
become the property of the CITY. The CONCESSIONAIRE shall
not post any sigus 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 ofthe concession building. The
CONCESSIONAIRE shall pay a fee of Fifty Dollars ($50.00) prior
to occupation ofthe 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 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 - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 4 of 11
7. INDEMNIFICATIONIHOLD 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 govemmental 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 ofthem, 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.
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 5 of 11
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 ofthe 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 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 ofthe 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
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 6 of 11
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
insured( s) with respect to: liability arising out of services or
responsibilities performed by or under the obligation ofthe
CONCESSIONAIRE under the terms ofthis 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 whom claim is made
or suit is brought, except with respect to the limits ofthe 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 ofthe Certificates of Insurance to the CITY at the time this
Agreement takes effect.
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 7 of 11
E. The CONCESSIONAIRE shall furnish the CITY with Certificates
ofInsurance 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 ofthe
terms or provisions ofthis 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 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 ofthis 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.
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 8 of 11
II. 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 DEALTH 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 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.
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 9 of 11
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.
ATTEST:
APPROVED AS TO FORM:
Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 10 of 11
CITY OF AUBURN
~~
-
....
PETER B. LEWIS
MAYOR
EMERALD CITY BATON CORPS
BY: )j';M~ A vlt!0..t,J.-t"
TITLE:
(I{)OA"A
STATE OF WASHINGTON)
) ss
COUNTY OF lUNG )
On this ~ay of -Se~i.v , 2002, before me, the undersigned, a
Notary Public in and for the State of Washington, personally appearedde{1'~la S'hr,v,e V
to me known to be the ~~0 of Emerald City Baton Corps, 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.
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Agreement - Emerald City Baton Corps
Resolution No. 3516 Exhibit "A"
August 15, 2002
Page 11 of 11