HomeMy WebLinkAbout2920 ,
1 RESOLUTION NO 2 9 2 0
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN, TO EXECUTE A CONCESSIONAIRE AGREEMENT BETWEEN THE
5 CITY AND THE AUBURN LITTLE LEAGUE FOR THE CONCESSION OPERATION
AT THE BRANNAN PARK BALLFIELDS FOR 1998
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 Concessionaire Agreement between the City and the AUBURN
12 LITTLE LEAGUE for the concession operation at the Brannan Park
13 ballfields for 1998 A copy of the Agreement is attached
14 hereto, designated as Exhibit "A" and incorporated by
15 reference in this Resolution
16 Section 2 The Mayor is hereby authorized to implement
17
such administrative procedures as may be necessary to carry
18
out the directives of this legislation
19
20
21
22
23
24
25
26
Resolution No 2920
February 5, 1998
Page 1
1 nd _ /
DATED and SIGNED this day of G2-,�- , 1998
2
3
CITY OF AUBURN
4
5
6 1` tikf ,cacca
7 CHARLES A BOOTH
MAYOR
8
9
10 ATTEST
11
12
13
Danielle E Daskam,
14 City Clerk
15
16 APPROVED AS TO FORM
17 P
i
/�yr��
19i� ' ":14
Michael J Reynolds,
20 City Attorney
21
22
23
24
25
26
Resolution No 2920
February 5, 1998
Page 2
1
AGREEMENT FOR FOOD CONCESSION SERVICES
2
3
4
THIS AGREEMENT is made and entered into this /3 day
5
of ,-/-64/ , 1998 by and between the CITY OF AUBURN, a
6
municipal corporation of the State of Washington whose address
7
is 25 West Main, Auburn, Washington 98001, hereinafter
8
referred to as "CITY" , and the LITTLE LEAGUE OF AUBURN,
9
WASHINGTON, a non-profit organization organized under the laws
10
of the State of Washington, whose address is 34103 133rd
11
Avenue SE, Auburn, Washington, 98092 , hereinafter referred to
12
as "CONCESSIONAIRE"
13
14
WITNESSETH:
15
WHEREAS, the CITY is the owner of the premises commonly
16
known as Brannan Park; and
17
WHEREAS, the CITY has constructed upon the aforesaid
18
premises a concession building; and
19
WHEREAS, the CONCESSIONAIRE would like to utilize said
20
concession building to operate a food concession on the
21
22 premises of Brannan Park;
WHEREAS, the CONCESSIONAIRE is a non-profit organization;
23
and
24
25
26
Agreement-Auburn Little League
Resolution No 2920 Exhibit "A"
February 5, 1998 (c/agree/a-a1198)
Page 1
1
NOW, THEREFORE, in consideration of the promises,
2
covenants, terms and conditions herein contained, the parties
3
agree as follows
4
1 PURPOSE
5
The purpose of this Agreement to contract with
6
CONCESSIONAIRE to provide a food concession at Brannan
7
Park for the benefit of the general public
8
2 TERM OF AGREEMENT
9
The term of this Agreement shall be for a period of eight
10
11 (8) months, commencing on the 7th day of March, 1998 and
12 terminating on the 7th day of November, 1998, 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 Little League
Resolution No.2920 Exhibit"A"
February 5, 1998 [c/agree/a-at197)
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, unshelled peanuts,
6
styrofoam cups or gum, AND PROVIDED FURTHER at no
7
time shall CONCESSIONAIRE sell or give away any
8
alcoholic beverages or allow any alcoholic beverages
9
to be consumed on the premises
10
E The concession shall have hours of operation as
11
requested in the application for a concession permit
12
and the concession shall remain open in all league
13
and tournament games from the 7th day of March, 1998
14
to the 7th day of November, 1998 the CITY shall
15
provide to CONCESSIONAIRE a schedule of all league
16
and tournament games
17
18 4 SCOPE OF USE
19 A The CITY hereby agrees that the CONCESSIONAIRE may
20 use the concession building located at Brannan Park
21 to operate as a food concession
22 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 Little League
Resolution No. 2920 Exhibit "A"
February 5 1998 (c/agree/a-a1198)
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
7
of the Director of Parks and Recreation Request to
8
make any alterations, repairs or improvements shall
9
be in writing Any such permitted alterations,
10
repairs or improvements shall be made at the expense
11
of the CONCESSIONAIRE and shall become the property
12
of the CITY The CONCESSIONAIRE shall not post any
13
signs without obtaining the prior written consent of
14
the Director of Parks and Recreation
15
E The CONCESSIONAIRE shall be responsible for the
16
reasonable and proper care of the concession
17
18 building The CONCESSIONAIRE shall pay a fee of
FIFTY DOLLARS ($50) per month of operation prior to
19
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- Auburn Little League
Resolution No.2920 Exhibit"A
February 5, 1998 (c/agree/a-a1197)
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
CONCESSIONAIRE, it employees, subcontractors or agents
22
for any and all claims by any persons for alleged
23
personal injury, death or damage to their persons or
24
property to the extent caused by the negligent acts,
25
26
Agreement-Auburn Little League
Resolution No. 2920 Exhibit "A"
February 5, 1998 (c/agree/a-a1198)
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
5 action, loss or damages is brought against the CITY, the
CONCESSIONAIRE shall defend the same at its sole cost and
6
expense; provided that the CITY retains the right to
7
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
16 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 Little League
Resolution No. 2920 Exhibit "A"
February 5 1998 Cc/agree/a-al t 97)
Page 6
1
that this contract may not be assigned in whole or in
2
part without the written consent of the CITY
3
9 INSURANCE
4
CONCESSIONAIRE shall procure and maintain for the
5
duration of this Agreement liability insurance against
6
claims for injuries to persons or damages to property
7
which may arise from or in connection with services
8
provided to the CITY by the CONCESSIONAIRE, its agents,
9
employees or subcontractors, under this Agreement The
10
CONCESSIONAIRE agrees to provide comprehensive general
11
liability insurance and shall maintain liability limits
12
of no less than ONE MILLION DOLLARS ($1, 000 , 000) combined
13
single limit per occurrence for bodily injury, personal
14
injury, products liability and property damage Any
15
deductible or self insured retentions in either policies
16
must be declared to, and approved by, the CITY At the
17
option of the CITY, either the insurer shall reduce or
18
eliminate such deductibles or self insured retentions as
19
respects the CITY, or procure a bond guaranteeing payment
20
of losses and related investigations, claim
21
administration and defense expense The policy is to
22
contain or be endorsed to contain the following
23
provisions
24
25
26
Agreement- Auburn Little League
Resolution No. 2920 Exhibit"A"
February 5. 1998 Cc/agree/a-a1198)
Page 7
1
A The CITY, its officers, employees and agents are to
2
3 be covered as insureds as respect Liability
arising out of services or responsibilities
4
5 performed by or under the obligation of the
CONCESSIONAIRE under the terms of this Agreement,
6
its employees, agents and subcontractors The
7
coverage shall contain no special limitations on the
8
9 scope of protection afforded to the CITY, its
officials, employees or agents
10
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 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 Little League
Resolution No. 2920 Exhibit "A"
February 5, 1998 Cc/agree/a-at 197)
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
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
without service of notice or resort to legal process
20
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 Little League
Resolution No. 2920 Exhibit "A"
February 5, 1998 Cc/agree/a-al.198)
Page 9
1
in good order and condition, reasonable wear and
2
tear excepted From and after the last day of
3
scheduled use, CONCESSIONAIRE shall have seven (7)
4
5 days in which to remove and clear the building of
6 all its belongings
11 A RIGHT TO INSPECTION
7
The CITY shall have the right to make inspections at any
8
reasonable time to assure compliance with this Agreement
9
12 DISPLAY OF HEALTH DEPARTMENT PERMITS
10
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 Little League
Resolution No.2920 Exhibit "A"
February 5 1998 (c/agree/a-a1197)
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
15
Q1,011:01',8cs ()• at-4
16 CHARLES A BOOTH
MAYOR
17 ATTEST
13 j
C /AA'
19
Danielle E Daskam,
20 City Clerk
21 AP ROVED AS TO FORM
22UpSt4.1\
23 Michael J Reynolds,
24 City Attorney
25
26
Agreement- Auburn Little League
Resolution No. 2920 Exhibit"A"
February 5, 1998 [c/agree/a-a1198)
Page I I
1
2 LITTLE L AGUE OF AUBURN, WASHINGTON
3 BY a
5 c \ 0 � �
TITLE 1 \
6 STATE OF WASHINGTON )
) ss
7 COUNTY OF KING ) / /
On this /� day of ( 41 , 1998, before
6
me, the undersigned, a Notary Public in and for the State of
10 Washington, personally appeared 4/4/4/ -2) 1�/eik iC/W ,
11 to me known to be the Vic-c, �G
c, / es/ ,..74 deer-S/9743 of the
LITTLE LEAGUE OF AUBURN, WASHINGTON, the non-profit
12
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 organization, for the uses and
16 purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument on behalf of said non-
17
18 profit organization
19 IN WITNESS WHEREOF, I have hereunto set my hand and
20 /
affixed my official seal the date herei above set forth
22 :;" .$• ‘Sf21ON 44 t7 ,i T a,-7, e// 6--la .�/L,-!"-`--
C_I NOTARY -`, 4 NOTARY PUBLIC in and for ,7he State of
23 -- s Washington, residing at /Cu—)
N o W �c ; MY COMMISSION expires 0-15- 2
i A Cyr
24 t'\. um -
.,,< r_
25 '''v,..,o.,,1.
26
Agreement- Auburn Little League
Resolution No. 2920 Exhibit "A"
February 5, 1998 cc/agree/a-att97)
Page 12
AGENT BERTHOLON-ROWLAND OF ILLINOIS "S ,o2g
COMMERCIAL GENERAL LIABILITY POLICY DATE ISSUED NEW REPLACEMENT OF
LITTLE LEAGUE BASEBALL 2/17/98 RENEWAL 0rN^LP 157358935
item DECLARATIONS
1 PRODUCER NO. BRANCH PREFIX Policy Number CWA
079847 904 LLB 166800037 F.•AU the c.,,.,.n,..w lr Ma..
NAMED INSURED ADDRESS AND LOCATION OF OPERATIONS INSURANCE IS PROVIDED BY
(Number a Street,Town,County, State 8 Zip Code) Continental Casualty Company
LITTLE LEAGUE BASEBALL RISK PURCHASING GROUP INC. A stock insurance company herein called the company
AUBURN LL 2. POLICY PERIOD
DIANNE SAVAS PRESIDENT
336 PACIFIC AVF SOUTH 441-10-12 Fran: 1/01/99 To:01/01/99
PACIFIC WA 98047-1404
A registered Lithe League or LittliLeague.BasebalL'Incorporated of willamsport. This policy becomes effective and expires at 12:01 a.m.
-Pennsylvania- Standard Time at Your Mailing Address Shown in item 1
3. IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS CONTAINED HEREIN,WE AGREE WITH
YOU TO PROVIDE THE INSURANCE STATED.
Additional insured: The parties listed below,if any,shall be an additional insured on this policy,but only with respect to liability arising out of the above
named Little League's maintenance or use of ball fields,or other premises loaned.donated or rented to the named insured Little League(named in item 1
of these declarations)by the additional insured.
However,this insurance does not apply to Liability ansing from:
1. The use of buildings,bleachers,baseball fields and/or other structures constructed,altered and/or maintained by or on behalf of the additional
Insured,unless that construction,alteration or maintenance is done by the above named Little League_
2. That part of the ball field,or other premises,not being used by the above named Little League
Should the policy be canceled with respect to the above named insured before the expiration date thereof,the issuing company will mail 30 days written
notice to the additional insured,if any.
rP%10.00 EACH
:L . AUBURN SCHOOL DISTR.LC1 1408
2. CITY OF AUBURN
3. KING COUNTY FARMS AND RELRI_ATION DEFARTMENT
4. CITY OF FACIFIC
i,,. CITY OF AL.GONA
6. JAY THORP/AL)BURN FAMILY SPOT TS CENTER
4. LIMITS OF INSURANCE
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY EACH OCCURRENCE 11:44Y:444
AGGREGATE f13444s444
COVERAGE B. HIRED AUTO AND NON-OWNED AUTO LIABILITY EACH OCCURRENCE 11:4Q4s4Q4
5. PROPERTY DAMAGE DEDUCTIBLE APPLICABLE TO: COVERAGE A. $250(PER CLAIM)
FORMS AND ENDORSEMENTS APPLICABLE AT TIME OF ISSUANCE.
IL 0146. f-57'751-Bs CL 00'21 . CU 01 81 . G-39`x43-L•4
6. PREMIUM FOR THIS COVERAGE PART Premium payable at inception +1=726Q4,.44
7 THESE DECLARATIONS AND THE GENERAL DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY
CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF,
COMPLETE THE ABOVE NUMBERED POLICY
•�/
Authorized Agent: y Date: FEB 1 7 1998
7Z:
G-101368-D ORIGINAL � , �/. ' .�,,.--, !.
(EDO_,?7) - J
RECORDS MANAGEMENT
ORDINANCE/RESOLUTION DISTRIBUTION
ORDINANCE NO' DATE ADOPTEDHPGL/r- <2 /fit
RESOLUTION NO. EFFECTIVE DATE:
RECORDING FILE. CODE BOOK.
DEPARTMENT DISTRIBUTION
,DEPT -CONTACT., ' , " DATE
To_ -1,,J //-9i /40/7
CITIZEN REQUESTS
NAME „ F, ADDRESS: '! DATE
F CLERK\RECORDS\FtEC FO RM
t�'op
fE:ii
CHARLES A.BOOTH, MAYOR AUBURN CITY CLERK
Danielle Daskam,City Clerk /, 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk !1 City Clerk:(253)931-3039
Lamle Bothell,Records/License Clerk �,�1!� Business Registration:(253)931-3007 Fax:(253)288-3132
»Ind,
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Danielle Daskam, 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 2920 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2920 "
I certify that said Resolution No 2920 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 2nd day of March, 1998
Witness my hand and the seal of the City of Auburn this 25th day of March, 1998
1/ 4,
Danielle Daskam, City Clerk
City of Auburn