HomeMy WebLinkAbout2828 1
RESOLUTION NO 2 8 2 8
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
5 CITY AND THE AUBURN OPTIMIST CLUB FOR THE CONCESSION OPERATION
AT THE GAME FARM PARK BALLFIELDS FOR 1997
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
11 Auburn, Washington, are hereby authorized to execute a
12 Concessionaire Agreement between the City and the AUBURN
13 OPTIMIST CLUB for the concession operation at the Game Farm
14 Park ballfields for 1997 A copy of the Agreement is attached
15
hereto, designated as Exhibit "A" and incorporated by
16
17 reference in this Resolution
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 2828
IL February 21, 1997
Page 1
1
2 DATED and SIGNED this 17th day of March, 1997
3
4 CITY OF AUBURN
5
6
CHARLES A BOOTH
8 MAYOR
9
10
11 ATTEST
12
13
461/A -/0- . LC � /14
Robin Wohlhueter,
15 City Clerk
16
17
18 APPROVED AS TO FORM
19
20
' 1, , ;
21 Michael J Reynolds,
City Attorney
22
23
24
25
26
Resolution No 2828
February 21, 1997
Page 2
ORIGINAL
2 AGREEMENT FOR FOOD CONCESSION SERVICES
3
4
5 THIS AGREEMENT is made and entered into this /(Y/ �'�iciay
6 of 771M/ , 1997 by and between the CITY OF
7 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.2828 Exhibit"A"
February 21, 1997 (a-aoc97)
Page 1
1
2 NOW, THEREFORE, in consideration of the promises,
3 covenants, terms and conditions herein contained, the parties
4 agree as follows
5 1 PURPOSE
6 The purpose of this Agreement to contract with
7 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 24th day of March, 1997 and
12 terminating on the 25th day of October, 1997, 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. 2828 Exhibit"A"
February 21, 1997 (a-aoc97)
Page 2
1
2 shall not be in excess of prices prevailing
3 elsewhere for the same kind and quality of service
4 D Sales shall be limited to food items and soft
5 drinks, PROVIDED the CONCESSIONAIRE shall not sell
6 or provide sunflower seeds, peanuts, styrofoam cups
7 or gum, AND PROVIDED FURTHER at no time shall
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 25th day of March,
15 1997 to the 25th day of October, 1997 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.2828 Exhibit"A
February 21 1997 Ca-aoc97)
Page 3
1
2 C An adult supervisor shall be present at all times
3 when the concession is in operation
4 D The CONCESSIONAIRE shall not make any alterations,
5 repairs or improvements to the concession building,
6 equipment or to the area immediately around said
7 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
kgreement-Auburn Optimist Club
Resolution No. 2828 Exhibit "A"
February 21, 1997 (a-aoc97)
Page 4
1
2 creed, national origin or mental, sensory or physical
3 handicap
4 6 INCOME STATEMENT AND R GHT TO IN_ PECT RECORDS
5 The CONCESSIONAIRE shall submit to the Director of Parks
6 and Recreation, not later than ten (10) days following
7 the scheduled use of the concession building, i e , 10
8 days from the date this agreement terminates as provided
9 in paragraph 2 above, a statement of the gross and net
10 profit of the concession for that period of operation
11 The CONCESSIONAIRE shall keep accurate records and the
12 City shall have the right to inspect the books, records
13 and inventories of the CONCESSIONAIRE at any reasonable
14 time for the purpose of ascertaining compliance with this
15 Agreement
16 7 INDEMNIFICATION/HOLD HARMLESS
17 The CONCESSIONAIRE agrees to defend, indemnify and hold
18 harmless the CITY, its elected and appointed officials,
19 employees and agents from and against any and all claims,
20 demands and/or causes of action of any kind or character
21 whatsoever arising out of or relating to the
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
25 property to the extent caused by the negligent acts,
26
Agreement-Auburn Optimist Club
Resolution No. 2828 Exhibit "A"
February 21, 1997 Ca-aoc97)
Page 5
1
2 errors or omissions of the CONCESSIONAIRE, its employees,
3 agents, subcontractors, or representatives In the event
4 that any suit or claim for damages based upon such claim,
5 action, loss or damages is brought against the CITY, the
6 CONCESSIONAIRE shall defend the same at its sole cost and
7 expense; provided that the CITY retains the right to
8 participate in said suit if any principle of governmental
9 or public law is involved; and if final judgment be
10 rendered against the CITY and/or its officers, agents
11 and/or employees or any of them or jointly against the
12 CITY and the CONCESSIONAIRE and their respective
13 officers, agents, subcontractors, employees or any of
14 them, the CONCESSIONAIRE agrees to fully satisfy the same
15 and the CONCESSIONAIRE shall reimburse the CITY for any
16 cost and expense which the CITY has incurred as a result
17 of such claim or suit The provisions of this section
18 shall survive the expiration or termination of this
19 Agreement
20 8 INDEPENDENT CONTRACTOR/ASSIGNMENT
21 The parties agree and understand that the CONCESSIONAIRE
22 is an independent contractor and not the agent or
23 employee of the CITY and that no liability shall attach
24 to the CITY by reason of entering into this Agreement
25 except as otherwise provided herein The parties agree
26
Agreement- Auburn Optimist Club
Resolution No. 2828 Exhibit "A"
February 21, 1997 Ca-aoc97)
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
11 CONCESSIONAIRE agrees to provide comprehensive general
12 liability insurance and shall maintain liability limits
13 of no less than ONE MILLION DOLLARS ($1 , 000 , 000) combined
14 single limit per occurrence for bodily injury, personal
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.2828 Exhibit"A"
February 21, 1997 (a-aoc97)
Page 7
1
2 A The CITY, its officers, employees and agents are to
3 be covered as insureds as respect Liability
4 arising out of services or responsibilities
5 performed by or under the obligation of the
6 CONCESSIONAIRE under the terms of this Agreement,
7 its employees, agents and subcontractors The
8 coverage shall contain no special limitations on the
9 scope of protection afforded to the CITY, its
10 officials, employees or agents
11 B Any failure to comply with reporting provisions of
12 the policy shall not affect coverage provided to the
13 CITY, its officials, employees or agents
14 C Coverage shall state that the CONCESSIONAIRE ' S
15 insurance shall apply separately to each insured
16 against whom claim is made or suit is brought ,
17 except with respect to the limits of the insurer' s
18 liability
19 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. 2828 Exhibit"A"
February 21 1997 (a-aoc97)
Page 8
1
2 Certificates of Insurance to the CITY at the time
3 this Agreement takes effect
4 The CONCESSIONAIRE shall furnish the CITY with
5 Certificates of Insurance and with original
6 endorsements affecting coverage required by this
7 clause The CITY reserves the right to require that
8 complete, certified copies of all required insurance
9 policies be submitted to the CITY at any time
LO 10 TERMINATION OF AGREEMENT
11 A This Agreement may be cancelled by either party upon
12 two (2) weeks written notice In the event of any
13 breach of any of the terms or provisions of this
14 Agreement, the CITY shall have in addition to any
15 other recourse, the right to terminate this
16 Agreement, to enter and obtain possession of the
17 entire premises, to remove and exclude any and all
18 persons from the premises, and to remove and exclude
19 all property of the CONCESSIONAIRE therefrom all
20 without service of notice or resort to legal process
21 and without any legal liability on its part
22 B Upon the termination of this Agreement the
23 CONCESSIONAIRE shall peacefully surrender and
24 deliver up possession of the premises to the CITY,
25 including all improvements or any additions thereto,
26
Agreement-Auburn Optimist Club
Resolution No. 2828 Exhibit"A"
February 21 1997 (a-aoc97)
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. 2828 Exhibit"A
February 21 1997 (a-aoc97)
Page 10
1
2 D Either party agrees to pay all reasonable costs,
3 attorneys fees and expenses that may be incurred by
4 the other party who substantially prevails in
5 enforcing the provisions of this Agreement
6 E In the performance of the services, the
CONCESSIONAIRE agrees to comply with all applicable
7
8 federal, state and local laws, rules and
9 regulations
10 F Notices required pursuant to this Agreement shall be
11 mailed to the parties at the addresses set forth
12 above and shall be deemed given when so mailed
13
CITY OF AUBURN
14
15 Q\QP A. (&,
16 CHARLES A BOOTH
MAYOR
17 ATTEST
18
Robin Wohlhueter,
20 City Clerk
21 APPROVED AS TO FORM
22 �23
24 Michael J Reynolds,
City Attorney
25
26
Agreement- Auburn Optimist Club
Resolution No. 2828 Exhibit "A"
February 21, 1997 fa-aoc97)
Page 11
1
2 OPTIMIST CLUB OF AUBURN, WASHINGTON
4 37 2( ,
4 BY 5 "� " /
TITLE '2f 01-ii v
6
STATE OF WASHINGTON )
7 ) ss
COUNTY OF KING
$ On this (90 day of 4,gytt1 , 1997 , before
9
me, the undersigned, a Notary Public in and for the State of
10
Washington, personally appeared Pori / 447YO(//R i41-41
11
to me known to be the 3oard me" 6E/ 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 ie/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 offhc4,.1.; seal the da�teq hereinabove set forth
21 4, 0, E. 0 9�10•y � .(-LOGLU-!,l C adat.
S�,
22
O�o�NOTARY,0,;,*.I •
23 —*-
N o PUBLIC „A 2� NOTARY PUBLIC in and for he State •f
• or �g Ay Washington, residing at
24 ••• �BER25 ��j••P MY COMMISSION expires Ale s79 f
• O N� •`
25 26
Agreement-Auburn Optimist Club
Resolution No. 2828 Exhibit "A"
February 21, 1997 (a-aoc97)
Page 12
CHARMS A. 600TH, MAYOR '�,� # � _ �. � AUBURN CITY CLERK
Robin Wohlhueter,City Clerk ,� + e a West Main, Auburn,WA 98001
Dani Daskam, Deputy City Clerk `u� y ��91. City Clerk.(206)931-30.39
Tamie Bothell. Records/License Clerk ;,, 47 Business Registration:(206)931-3007 Fax:(206)911 3053
sh !!�.,iner-
March 24, 1997
Mr Roger Thordarson
Member, Board of Directors
Optimist Club of Auburn
1111 Pike Street NE
Auburn WA 98002
Dear Mr Thordarson.
The Auburn City Council adopted Resolution No 2828 on March 17, 1997 approving a
Concessionaire Agreement between the City and the Auburn Optimist Club for the
concession operation at the Game Farm Park for 1997
Enclosed is a fully executed duplicate original of the Agreement for your files. Please
note the insurance requirements contained in Article 9 of the Agreement and submit the
appropriate Certificate of Insurance to the City as soon as possible.
If you have any questions, please contact Recreation Manager Brian Petty at 931-3043.
Sincerely,
Robin Wohlhueter
City Clerk
RW:dd
Enclosure
cc: Brian Petty, Recreation Manager
File: 05.1
f:\clerk\cont\RES2828
ACORQ `; CERTIF,ICATE F° LIA`BILIT_ Y INSURANCE yr DA03/21/1997YI
;z. .. .J� -,.gym- ,k.;..., 4 ,:.. . - - ,. _ , N,oz
PRODUCER 1146 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ALBERT H. WOHLERS&CO. HOLDER. THIS CERTIFICATE DOES. NOT AMEND, EXTEND OR
1440 N. NORTHWEST HIGHWAY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PARK RIDGE, ILLINOIS 60068-1400 I COMPANIES AFFORDING COVERAGE
847-803-3100 COMPANY
A CIGNA COMPANIES
INSURED OPTIMIST INTERNATIONAL COMPANY B OPTIMIST CLUB OF AUBURN#32-004 INDEMNITY INSURANCE CO OF NORTH AMERICA
C/O BRYAN GILLETTE COMPANY
30837 PACIFIC HWY SO C
FEDERAL WAY WA 98003 COMPANY
D
I
COVERAGES 1a.�:'Gy//,L�, >ca°::: ,..G.. ✓ ,. - r...,:,;r s -rte__. i.S "' W t,.•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
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 AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI:IS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS
LTft DATE(MMIDDITY) DATE(MMIDDIYY)
GENERAL LIABILITY OGL G 17066018 4/1/96 4/1/97 `GENERAL AGGREGATE I5 2,000,000
A 'lCOMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OPAGG 5 1,000,000
I I CLAIMS MADE X OCCUR I PERSONAL a ADV INJURY 5 1,000,000
X OWNER'S B CONTRACTOR'S PROi EACH OCCURRENCE $ 1,000,000
HOST LIQUOR FIRE DAMAGE (Any One fire) 5 100,000
1 I MED EXP (Any one person) I $
AUTOMOBILE LIABILITY OGL G 17066018 4/1/96 4/1/97 COMBINED SINGLE LIMIT 5 1000000
A ANY AUTO
ALL OWNED AUTOS BODILY INJURY S
(Per person)
_ SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY 5
(Per accident)
X NON.OWNED AUTOS
PROPERTY DAMAGE 5
I
1 GARAGE LIABILITY AUTO ONLY EA ACCIDENT I S
ANY AUTO OTHER THAN AUTO ONLY'
EACH ACCIDENT 5
AGGREGATE 5
EXCESS LIABILITY OGL G 13000738 4/1/96 4/1/97 EACH OCCURRENCE 5 10,000,000
BI X UMBRELLA FORM AGGREGATE $ 20,000,000
I OTHER THAN UMBRELLA FORM S
WORKER'S COMPENSATION MD TORY LIMITS Ic'Enit
IEMPLOYERS'LIABILITY EL EACH ACCIDENT S
I I THE PROPRIETOw MCL EL DISEASE POLICY LIMIT 5
1 I OFFICERS AR
ERS AREftSECUfIVE E' EXCL EL DISEASE EA EMPLOYEE S
OFFIC
OTHER ON FORM CG2011
I
I
DESCRIPTION OF OPERATIONSILOCATIONS NEHICLESISPECNLL ITEMS
ADDITIONAL INSURED: CERTIFICATE HOLDER (PROPERTY OWNER) BUT ONLY WITH RESPECTS TO THE ABOVE NAMED
INSURED'S NEGLIGENCE FOR THE CONCESSION STAND AT THE GAME FARM PARK, R ST SE, AUBURN, WA 98002 ON 3/22/97
3/23/97 3/29/97 AND 3/30/97
r Off/ 3",Y---.;.Y -/rri // /im, .,, �, r - rr y6 d4: %/r ,,: tea^ -, rr
l C'ANCEELATIOM�/taf., - _•. ..4'iY 40,,,,*-,6-:ll4Gu,
CERTIf1CA'FEfiO;,D„E,R.j _-'A%% .. .ter.,.../ ;-iG�rce,. wz.. `;.._, .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF AUBURN EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
25 W MAIN 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUBURN, WA 98002 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF NY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOR EPR ENTATNi
.,A,COR.,.,2._,�W95..,.,.. . rr ,,,,.:-/ .... . r,,:�„ s�ros ® COR6.CORPORA710K886
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CMY
CHARLES A. BOOTH.MAYOR Aff: :■ AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Mein, Aubarn,WA 98001
Dan Daskam,Deputy City Clerk City Cerk:(2(6)931-3039
Tame Bothell. Records/License Clerk Business Registration:(206)931-3007 Fax:(206)931-3053
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 Na 2828 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2828."
I certify that said Resolution No 2828 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 17th day of March, 1997
Witness my hand and the seal of the City of Auburn this 19th day of May, 1997
,-C4U I-/L . „
Robin Wohlhueter
City Clerk
City of Auburn