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HomeMy WebLinkAbout2725 1 RESOLUTION NO 2 7 2 5 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY 4 OF AUBURN, TO EXECUTE A CONCESSIONAIRE AGREEMENT BETWEEN THE CITY AND THE AUBURN OPTIMIST CLUB FOR THE CONCESSION OPERATION 5 AT THE GAME FARM PARK BALLFIELDS FOR 1996 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 9 Section 1 . The Mayor and City Clerk of the City of 10 Auburn, Washington, are hereby authorized to execute a 11 12 Concessionaire Agreement between the City and the AUBURN 13 OPTIMIST CLUB for the concession operation at the Game Farm 14 Park ballfields for 1996 A copy of the Agreement is attached 15 hereto, designated as Exhibit "A" and incorporated by 16 reference in this Resolution 17 18 Section 2 The Mayor is hereby authorized to implement 19 such administrative procedures as may be necessary to carry 20 out the directives of this legislation 21 22 23 24 25 26 Resolution No 2725 February 29 1996 Pagel 1 2 DATED and SIGNED this 18th day of March, 1996 3 4 CITY OF AUBURN 5 QA\CA,A€C. ‘() (1'21)C., 7 CHARLES A BOOTH 8 MAYOR 9 10 11 ATTEST 12 13 i(Oadtcm teezdeed.A.,_ 14 RuUirr icdrihtteter, Danielle E Daskam, Deputy City Clerk 15 16 17 APPROVED AS TO FORM 18 19 20 ei s • 21 Michael J Reynolds, City Attorney 22 23 24 25 26 Resolution No 2725 February 29 1996 Page 2 1 2 AGREEMENT FOR FOOD CONCESSION SERVICES 3 4 5 THIS AGREEMENT is made and entered into this //IS- day 6 of , 1996 , by and between the CITY OF AUBURN, a municipal corporation of the State of Washington 8 whose address is 25 West Main, Auburn, Washington 98001, 9 hereinafter referred to as "CITY" , and the OPTIMIST CLUB OF 10 AUBURN, WASHINGTON, a non-profit corporation organized under 11 the laws of the State of Washington, whose address is PO Box 12 1794 , Auburn, Washington, 98071-1794 , hereinafter referred to 13 as "CONCESSIONAIRE" 14 15 WITNESSETH 16 WHEREAS, the CITY is the owner of the premises commonly 17 known as Game Farm Park; and 18 WHEREAS, the CITY has constructed upon the aforesaid 19 premises a concession building; and 20 WHEREAS, the CONCESSIONAIRE would like to utilize said 21 concession building to operate a food concession on the 22 premises of Game Farm Park; 23 WHEREAS, the CONCESSIONAIRE is a non-profit organization; 24 and 25 26 Agreement-Auburn Optimist Club Resolution No.2725 Exhibit A February 29 1996 (a-aoc96) Page 1 1 NOW, THEREFORE, in consideration of the promises, 2 covenants, terms and conditions herein contained, the parties 3 agree as follows 4 5 1 PURPOSE 6 The purpose of this Agreement to contract with CONCESSIONAIRE to provide a food concession at the Game 8 Farm Park for the benefit of the general public 9 2 TERM OF AGREEMENT 10 The term of this Agreement shall be for a period of seven 11 (7) months, commencing on the 25th day of March, 1996 and 12 terminating on the 26th day of October, 1996 , unless 13 sooner terminated as hereinafter provided 14 3 SCOPE OF SERVICES 15 A The CONCESSIONAIRE agrees that the concession 16 operations shall not be conducted for personal gain 17 All profits derived from the concession operation 18 shall be used for community projects as approved by 19 the PARK BOARD 20 B Any and all individuals employed by the 21 CONCESSIONAIRE in the concession operation shall 22 work without salary, wage or compensation of any 23 kind 24 C The prices charged by the CONCESSIONAIRE for 25 services, food and drinks shall be reasonable and 26 Agreement- Auburn Optimist Club Resolution No. 2725 Exhibit"A" February 29, 1996 Ca-aoc96) Page 2 1 shall not be in excess of prices prevailing 2 elsewhere for the same kind and quality of service 3 D Sales shall be limited to food items and soft 4 drinks, PROVIDED the CONCESSIONAIRE shall not sell 5 or provide sunflower seeds, peanuts, styrofoam cups 6 or gum, AND PROVIDED FURTHER at no time shall 7 8 CONCESSIONAIRE sell or give away any alcoholic 9 beverages or allow any alcoholic beverages to be 10 consumed on the premises 11 E The concession shall have hours of operation as 12 requested in the application for a concession permit 13 and the concession shall remain open in all league 14 and tournament games from the 26th day of March, 15 1996 to the 26th day of October, 1996 the CITY shall 16 provide to CONCESSIONAIRE a schedule of all league 17 and tournament games 18 4 SCOPE OF USE 19 A The CITY hereby agrees that the CONCESSIONAIRE may 20 use the concession building located at Game Farm 21 Park to operate as a food concession 22 B The CONCESSIONAIRE shall not use or permit the 23 premises to be used for any other purpose or for any 24 unlawful or indecent activity 25 26 Agreement-Auburn Optimist Club Resolution No.2725 Exhibit "A" February 29 1996 (a-aoc96) Page 3 1 C An adult supervisor shall be present at all times 2 when the concession is in operation 3 D The CONCESSIONAIRE shall not make any alterations, 4 repairs or improvements to the concession building, 5 equipment or to the area immediately around said 6 building without obtaining the prior written consent 8 of the Director of Parks and Recreation Request to 9 make any alterations, repairs or improvements shall 10 be in writing Any such permitted alterations, 11 repairs or improvements shall be made at the expense 12 of the CONCESSIONAIRE and shall become the property 13 of the CITY The CONCESSIONAIRE shall not post any 14 signs without obtaining the prior written consent of 15 the Director of Parks and Recreation 16 E The CONCESSIONAIRE shall be responsible for the 17 reasonable and proper care of the concession 18 building The CONCESSIONAIRE shall pay a fee of 19 FIFTY DOLLARS ($50) per month of operation prior to 20 occupation of the facility The fee shall be 21 deposited with the Parks and Recreation Department 22 5 NONDISCRIMINATION 23 The CONCESSIONAIRE shall provide service to the general 24 public without discrimination as to age, sex, color, 25 26 Agreement-Aubum Optimist Club Resolution No. 2725 Exhibit "A" February 29 1996 Ca-aoc96) Page 4 1 creed, national origin or mental , sensory or physical 2 handicap 3 6 INCOME STATEMENT AND RIGHT TO INSPECT RECORDS 4 The CONCESSIONAIRE shall submit to the Director of Parks 5 and Recreation, not later than ten (10) days following 6 the scheduled use of the concession building, i e , 10 7 days from the date this agreement terminates as provided 8 in paragraph 2 above, a statement of the gross and net 9 profit of the concession for that period of operation 10 The CONCESSIONAIRE shall keep accurate records and the 11 City shall have the right to inspect the books, records 12 and inventories of the CONCESSIONAIRE at any reasonable 13 time for the purpose of ascertaining compliance with this 14 Agreement 15 7 INDEMNIFICATION/HOLD HARMLESS 16 The CONCESSIONAIRE agrees to defend, indemnify and hold 17 harmless the CITY, its elected and appointed officials, 18 employees and agents from and against any and all claims, 19 demands and/or causes of action of any kind or character 20 whatsoever arising out of or relating to the 21 22 CONCESSIONAIRE, it employees , subcontractors or agents 23 for any and all claims by any persons for alleged 24 personal injury, death or damage to their persons or property to the extent caused by the negligent acts, 25 26 Agreement-Auburn Optimist Club Resolution No. 2725 Exhibit"A" February 29 1996 (a-aoc96) Page 5 1 errors or omissions of the CONCESSIONAIRE, its employees, 2 agents, subcontractors, or representatives In the event 3 that any suit or claim for damages based upon such claim, 4 action, loss or damages is brought against the CITY, the 5 CONCESSIONAIRE shall defend the same at its sole cost and 6 expense; provided that the CITY retains the right to 7 participate in said suit if any principle of governmental 8 or public law is involved; and if final judgment be 9 rendered against the CITY and/or its officers, agents 10 and/or employees or any of them or jointly against the 11 CITY and the CONCESSIONAIRE and their respective 12 officers, agents, subcontractors, employees or any of 13 them, the CONCESSIONAIRE agrees to fully satisfy the same 14 and the CONCESSIONAIRE shall reimburse the CITY for any 15 16 cost and expense which the CITY has incurred as a result of such claim or suit The provisions of this section 17 shall survive the expiration or termination of this 18 Agreement 19 8 INDEPENDENT CONTRACTOR/ASSIGNMENT 20 The parties agree and understand that the CONCESSIONAIRE 21 22 is an independent contractor and not the agent or 23 employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement 24 except as otherwise provided herein The parties agree 25 26 Agreement- Auburn Optimist Club Resolution No. 2725 Exhibit "A" February 29, 1996 (a-aoc96) Page 6 1 2 that this contract may not be assigned in whole or in 3 part without the written consent of the CITY 4 9 INSURANCE 5 CONCESSIONAIRE shall procure and maintain for the 6 duration of this Agreement liability insurance against 7 claims for injuries to persons or damages to property 8 which may arise from or in connection with services 9 provided to the CITY by the CONCESSIONAIRE, its agents, 10 employees or subcontractors, under this Agreement The CONCESSIONAIRE agrees to provide comprehensive general 11 12 liability insurance and shall maintain liability limits 13 of no less than ONE MILLION DOLLARS ($1, 000 , 000) combined single limit per occurrence for bodily injury, personal 14 15 injury, products liability and property damage Any 16 deductible or self insured retentions in either policies 17 must be declared to, and approved by, the CITY At the 18 option of the CITY, either the insurer shall reduce or 19 eliminate such deductibles or self insured retentions as 20 respects the CITY, or procure a bond guaranteeing payment 21 of losses and related investigations, claim 22 administration and defense expense The policy is to 23 contain or be endorsed to contain the following 24 provisions 25 26 Agreement-Auburn Optimist Club Resolution No. 2725 Exhibit "A" February 29 1996 Ca-aoc96) Page 7 1 A The CITY, its officers, employees and agents are to 2 be covered as insureds as respect Liability 3 arising out of services or responsibilities 4 performed by or under the obligation of the 5 CONCESSIONAIRE under the terms of this Agreement, 6 7 its employees, agents and subcontractors The coverage shall contain no special limitations on the 8 scope of protection afforded to the CITY, its 9 officials, employees or agents 10 B Any failure to comply with reporting provisions of 11 the policy shall not affect coverage provided to the 12 CITY, its officials, employees or agents 13 C Coverage shall state that the CONCESSIONAIRE ' S 14 insurance shall apply separately to each insured 15 16 against whom claim is made or suit is brought, except with respect to the limits of the insurer' s 17 18 liability 19 D Each insurance policy required by this clause shall 20 be endorsed to state that coverage shall not be 21 suspended, voided, cancelled, reduced in coverage or 22 in limits, except after thirty (30) days prior 23 written notice by certified mail return receipt 24 requested has been given to the CITY The 25 CONCESSIONAIRE agrees to provide copies of the 26 Agreement- Auburn Optimist Club Resolution No.2725 Exhibit "A" February 29, 1996 Ca-aoc96) Page 8 1 Certificates of Insurance to the CITY at the time 2 this Agreement takes effect 3 E The CONCESSIONAIRE shall furnish the CITY with 4 Certificates of Insurance and with original 5 endorsements affecting coverage required by this 6 clause The CITY reserves the right to require that 7 complete, certified copies of all required insurance 8 policies be submitted to the CITY at any time 9 10 TERMINATION OF AGREEMENT 10 A This Agreement may be cancelled by either party upon 11 two (2) weeks written notice In the event of any 12 breach of any of the terms or provisions of this 13 Agreement , the CITY shall have in addition to any 14 other recourse, the right to terminate this 15 Agreement, to enter and obtain possession of the 16 entire premises, to remove and exclude any and all 17 persons from the premises, and to remove and exclude 18 all property of the CONCESSIONAIRE therefrom all 19 without service of notice or resort to legal process 20 and without any legal liability on its part 21 B Upon the termination of this Agreement the 22 CONCESSIONAIRE shall peacefully surrender and 23 deliver up possession of the premises to the CITY, 24 including all improvements or any additions thereto, 25 26 Agreement- Auburn Optimist Club Resolution No. 2725 Exhibit "A" February 29 1996 (a-aoc96) Page 9 1 2 in good order and condition, reasonable wear and 3 tear excepted From and after the last day of 4 scheduled use, CONCESSIONAIRE shall have seven (7) 5 days in which to remove and clear the building of 6 all its belongings 11 A RIGHT TO INSPECTION 8 The CITY shall have the right to make inspections at any 9 reasonable time to assure compliance with this Agreement 10 12 DISPLAY OF HEALTH DEPARTMENT PERMITS 11 CONCESSIONAIRE is required to obtain and display all 12 Health Department permits which are required by law 13 CONCESSIONAIRE agrees to operate the concession in 14 compliance with all applicable Health Department 15 requirements 16 13 GENERAL PROVISIONS 17 A No waiver by either party of any breach or default 18 hereunder shall be deemed a waiver of any preceding 19 or any subsequent breach or default 20 B This Agreement may not be changed or modified nor 21 any provision hereof waived except in writing agreed 22 to by both parties 23 C This Agreement shall be construed in accordance with 24 any and all questions with respect hereto by the 25 laws of the State of Washington 26 Agreement-Auburn Optimist Club Resolution No. 2725 Exhibit "A" February 29 1996 (a-aoc96) Page 10 1 D Either party agrees to pay all reasonable costs, 2 attorneys fees and expenses that may be incurred by 3 the other party who substantially prevails in 4 enforcing the provisions of this Agreement 5 E In the performance of the services, the 6 CONCESSIONAIRE agrees to comply with all applicable 7 federal, state and local laws, rules and 8 regulations 9 F Notices required pursuant to this Agreement shall be 10 mailed to the parties at the addresses set forth 11 above and shall be deemed given when so mailed 12 13 CITY OF AUBURN 14 r 15 \ tAC w - I c� 16 CHARLES A BOOTH MAYOR 17 ATTEST 18 19 // ,4i , s 4_, �O• 'IT—WuhhrneLCi ,Dante e E. Daskam, Deputy 20 City Clerk 21 A•PROVED AS TO FORM 22 23 Michael J Reynolds, 24 City Attorney 25 26 Agreement-Auburn Optimist Club Resolution No.2725 Exhibit "A" February 29, 1996 Ca-aoc96) Page 11 J • 1 OPTIMIST CLUB OF AUBURN, WASHINGTON 2 3 4 BY 5 TITLE I ejc 6 STATE OF WASHINGTON ) 7 ) ss COUNTY OF KING 8 On this arj day of lY� ceV , 1996 , before 9 me, the undersigned, a Notary Public in and for the State of 10 Washington, personally appeared ,Aaet![rytJ 4442a4,17 11 to me known to be the ��Lte� 6?IcaL�' �� of the 12 OPTIMIST CLUB OF AUBURN, WASHINGTON, the non-profit 13 corporation that executed the within and foregoing instrument, 14 and acknowledged said instrument to be the free and voluntary 15 act and deed of said non-profit corporation, for the uses and 16 purposes therein mentioned, and on oath stated that he/she is 17 authorized to execute said instrument on behalf of said non- 18 profit corporation 19 IN WITNESS WHEREOF, I have hereunto set my hand and 20 affixed my official seal the date hereinabove set forth 21 sssssss u'up a na-Ka_ A- ,B6.f-A e/l 23 C NOTAg1' NI* t NOTARY PUBLIC in and for the State of —k— Washington, residing at /(mot,,. 24 (�i ��C •02: MY COMMISSION expires /6- 9876:74-""6-6 25 4'�i 1 WASV"tt 26 Agreement-Auburn Optimist Club Resolution No. 2725 Exhibit A" February 29 1996 Ca-aoc96) Page 12 GILLETTE-STEELE AGENCY Z06 859 eST61 P. 01 y A CORD T i'S' 1 NiA;ey,D VY{krppe:,>v,.n�.,.`^ - t D w - 7� g,1r l e ti- FP F+� `Y Ml `Gi'1 . py W by".µ y+-:... .._r..i)Z �a•,�.-..- n, s3. ;H C^'„AIRS ISI,e'r„'I✓3t!SI.�AT.14ti X w � ; " t j, '§ "74`I ���"rl.:•?al"x p ', DATE 06/19/YY) t PRODUCER ;$294.3,L4 z t.. m ��, n,,,r 03/06/1996 THIS CERTIFICATE IS ISSUED AS MATTER F INFORMATION ALBERT H.WOHLERS&CO, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1440 N. NORTHWEST HIGHWAY HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A Ell THE CO1/gRAOE AEFORDEO BY THE POLICIES BELOW. PARK RIDGE, I ILLINOIS 60068-1400 COMPANIES AFFORDING COVERAGE COMPANY A CIGNA COMPANIES INSURED OPTIMIST INTERNATIONAL COMPANY OPTIMIST CLUB OF AUBURN - #32-004 B INDEMNITY INSURANCE CO OF NORTH AMERICA C/O BRYAN GILLETTE --- — 30837 PACIFIC HWY S. w C v FEDERAL WAY, WA 98003 C COMPANY IA+:M'n ugg1 • D I^° 1 3 iSli�S�l��+Uy''S�`i�'i`r>r d.a e"i �`,�RS1.ts`w'HP"B. wm•f:;;y.,”^. •«,kit,;::;y t � + , g" ��^ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE R THPOLICY PERIOD .'3: c .! "' `tips-.Rit?T^. Anre'walit1 ..i`,-4:3 INDICATED,NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS — EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDDIYY) DATE IMMIODlYYJ LIMITS _GENERAL LIABILITY A X COMMF.ROAL GENERAL LIABILITV GENERAL AGGREGATE E 1 CLAIMS MADE L X�OCCUR OGL G 17066018 PRODUCTS COMP/OP AGO $ _I_1,000 000 - 8-CONTRACTv'.PROT 4/1/96 4/1/97 PERSONALS qDV INJURY E 100 ,000 X HOST LIQUOR EACH OCCURRENCE $ 000,000 ` , FIRE DAMAGE (Any one fuel $ 1DD- _DDS A •' ELIABIUTY MED EXP (Any one Person) $ — A — ANY AUTO COMBINED SINGLE LIMIT g 1,000,000 ALL OWNED AUTOS OGL G 17066018 4/1/96 4/1/97 ---- SCHEDULED AUTOS BODILY INJURY E X (Per person) HIRED AUTOS - X NON-OWNED AUTOS BODILY INJURY E (Per eochienq 4l-- PROPERTY DAMAGE E GA_ ANY AUTO RAGE LIABILITY AUTO ONLY EA ACCIDENT S OTHER THAN AUTO ONLY EACH ACCIDENT $ EXCESS LIABILITY - AGGREGATE S G 13000736 4/1/96 411/97 EACH OCCURRENCE S 10 000 000 B UMBRELLA FORM i OTHER THAN UMBRELLA FORM AGGREGATE g WORKER'S COMPENSATION AND I TORY is WS PER EMPLOYERS'L sM PoPMETO LIABILITY EL EACH ACCIDENT E IN PA NVISIXECUtIVe CL EL DISEASE-POLICY LIMIT S OTHER EL DISEASE EA EMPLOYEE S ON FORM CG2011 DES RIPTION OF OPERATIONs,LOCATIONSN NicLES/SRECialMs INCLUDING AS ADDITIONAL INSURED: CERTIFICATE HOLDER(PROPERTY OWNER) BUT ONLY WITH RESPECTS TO THE ABOVE NAMED INSURED'S NEGLIGENCE FOR THEIR ACTIVITIES AT THE CONCESSION STAND AT THE GAME FARM PARK, R ST SE,AUBURN AUBUR NWA 98002 ON 3/25/95 THRU 11/15/96 � '`f".. ."0'.. Q4ftwas $wnyt fl 't y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF AUBURN EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL IWA 98002 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUBURN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTAT IVE M ( . lIME ¢ OM A eratfi ‘a , +?� yart.r.; *:7 ; ? g " 1;3Y , , - cItYOf CHARLES A eOC)I II NI'1/41 Art&J. AUBURN CITY ATTORNEY Mich Judith lJ Rnnolds Cih Auornce 25 West Main, Auburn WA 98001-4998 Judah C Amin:w_Assunu«Cih Aliornzs Koren C Gulli1er.Proseanur (206) 931-3030 nstu STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2725 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2725 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 18th day of March, 1996. Witness my hand and the seal of the City of Auburn this 18th day of April, 1996. Robin Wohlhueter City Clerk City of Auburn