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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 sACORD25:S�(U951;��% ��:�°;�/riic`"�i%,. /•�//r/.rillfrG., ,'/`rvbiru'.,"-_ ru./vd `,�`, 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