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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