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
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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
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE R THPOLICY PERIOD
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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