HomeMy WebLinkAbout3329 RESOLUTION NO. 3329
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN;
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF
AUBURN TO EXECUTE A CONCESSIONAIRE AGREEMENT BETWEEN THE CITY
AND THE LITTLE LEAGUE OF AUBURN, WASHINGTON FOR THE CONCESSION
\OPERATION AT THE BRANNAN PARK BALLFIELDS FOR 2001.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS
FOLLOWS:
Seetion 1. The Mayor and City Clerk of the City of Auburn, Washington; are
hereby authorized to execute a Concessionaire Agreement between the City and the
L.ITTLE LEAGUE OF AUBURN, WASHINGTON for the concession operation at the
Brannan Park balltields for 2001. A copy of the Agreement is attached hereto, designated
as Exhibit "A", and incorporated by reference in this Resolution.
Section 2. The Mayor is hereby authorized to implement such administrative ,
procedures as may be necessary to carry out the directives of this legislation.
DATED and STGNED this "I�day of March, 2001.
�
CITY OF AUBURN
\�� I''J- E '��_ _
CHARLES A. BOOTH
MAYOR
Resolation No. 3329
January 18, 2001
Page 1 of 2
ATTEST:
�
Danielle E; Daskam,
City Clerk
APPROVED AS TO FORM:
�1
Michael . R nolds,
City Attorney
-----------------------------
Resolution No. 3329
January 18, 2001
Page 2 of 2
Resolution 3329
EXHIBIT "A"
AGREfMENT FOR FOOD CONCESSION SERVICES
THIS AGREEMENT is made and entered into this � day of March,
2001, by and between the CITY OF AUBURN, a municipal corporation of the
State of Washington whose address is 25 West Main Street, Auburn, Washington
98001, hereinafter referred to as "GITY", and the LITTLE LEAGUE OF AUBURN,
WASHINGTON, a non-profit organization organized under the laws of the State
of Washi.ngton; whose address is Post Office Box 1794, Auburn, Washington
98071, hereinafter referred to as "CONCESSIONAIRE".
WHEREAS, The CITY is the owner of the premises commonly known as
Brannan Park; and
WHEREAS, the CITY has constructed upon the aforesaid premises a
concession building; and
WHEREAS, the CONCESSIONAIRE would like to utilize said concession
building to operate a food concession on the premises of Brannan Park; and
WHEREAS, the CONCESSIONAIRE is a non-profit organization;
NOW THEREFORE, in consideration of the promises, covenants; terms,
' and conditions herein contained, the parties agree as follows:
Agreement=Auburn Little League
Resolution No..3329 Exhibit"A"
February 16, 2001
Page 1 of 13
1. PURPOSE.
The purpose of this Agreement is to contract with
C.ONCESSIONAIRE to prov'ide a food concession at Brannan Park
for the benefit of the general public.
2. TERMS OF AGREEMENT.
The term of this Agreement shall commence on the 3�d day of
March; 2001., and terminate on the 3�d day of November, 2001,
unless sooner terminated as hereinafter provided.
3. SCOPE OF SERVICES.
A, The CONCESSIONAIRE agrees that the concession
operations shall not be conducted for personal gain. All
profits derived from the concession operation shall be used
for community projects as approved by the PARK BOARD.
B. Any and all individuals employed by the CONCESSIONAIRE
in the coneession operafion shall work withouf salary, wage,
� or compensation of any kind.
C. The prices charged by the CONCESSIONAIRE for servieeS, .
food, and drinks shall be reasonable and shall not be in '
excess of prices prevailing elsewhere for the same kind and I
quality of service.
D. Sales shall be limited to food items and soft drinks,
PROVIDED the CONCESSIONAIRE shall not sell or provide �
sunflower seeds, unshelled peanuts, styrofoam cups, or
Agreement—Aubum Little League
Resolution No. 3329 Exhibit"A"
February 16,2001
Page 2 of 13
gum, AND PROVIDED FURTFiER at no time shall
CONCESSIONAIRE sell or give away any alcoholic
beverages or allow any alcoholic beverages to be consumed
on the premises.
E. The concession shall have hours of operation as requested
in the application for a concession permit and the
concession Shall remain open in all league and tournament
games from the 3�d day of March, 2001, to the 3�d day of
November, 2001, and CITY shall provide to
CONCESSIONAIRE a schedule of all league and �
tournament games.
4. SCOP_E OF USE..
A. The CITY hereby agrees that the CONCESSIONAIRE may
use fhe concession building located at Brannan Park to
operate as a food concession. '�
B. The CONCESSIONAIRE shall not use or permit the
premises to be used for any ofher purpose or for any
unlawful or indecent activity.
C. An adult supervisorshall be present at all times when the
- concession is in operation.
D. The CON _CESSI.ONAIRE shall not make any alterations,
repairs, or improvements to the concession building,
equipment, or to the area immediately around said building
Agreement—Auburn Little League
Resolution No. 3329 Exh'ibit"A"
February 16, 2001
Page 3 of 13
without obtaining the priorwritten consent ofithe Director of
Parks and Reareation. Request to make any alterations,
repairs, or improvement shall be in writing. Any such
permitted alterations, repairs, or improvements shall be
made at the expense of the CONCESSIONAIRE and shll
become the property of the CITY. The CONCESSIONAIRE
shall not post any signS without obtaining the prior written
consent ofithe Director of Parks and Reereation.
E. The CONCESSIONAIRE shall be responsible for the
reasonable and proper care of the concession building. The
CONCESSIONAIRE shall pay a fee of Fifty Dollars ($50.00)
per month of operation prior to occupation of the facility. The
fee shall be deposited with the Parks and Recreation
� Department.
5. NONDISCRIMINATION.
The CONCESSIONAIRE shall provide service to the general publio
without discrimination as to age, sex, color, creed, national origin or
mental, sensory, or physical handicap. i�
6. INCOME STATEMEiVT AND RIGHT TO INSPECT RECORDS.
The CONCESSIONAIRE shall submit to the Director of Parks and
Recreation, not later than ten.(10) days following the scheduled use
of the concession building, i.e., ten (10) days from the date this
agreement terminafes as provided in paragraph 2 above, a
Agreement-Auburn Little League �
Resolution No. 3329 Exhibit"A"
February 16, 2001
Page 4 of 13
statement of the gross and net profit of the concession for that
period of operation. The CONCESSIONAIRE shall keep accurate
records and the CITY shall have the right to inspect the books,
records, and inventories of the CONCESSIONAIRE at any
reasonable time for the purpose of ascertaining compliance with
this Agreement.
7. INDEMNIFICATION/HOLD HARMLESS.
The CONCESSIONAIRE agrees to defend, indemnify, and hold
harmless the CITY, its elected and appointed officials, employees,
and agents from and against any and all claims, demands and/or .
causes of action of any kind or charaeter whatsoever arising out of
,
or relating to the CONCESSIONAIRE, its employees,
subcontractors, or agents for any and all claims by any persons for
alleged personal injury, death, or damage to their persons or
property to the extent caused by the negligent acts, errors, or
omissions of the CONCESSIONAIRE, its employees, agents,
subcontractors, or representafives. In the event any suit or claim
for damages based upon such claim, action, loss, or damages is
brought against the CITY, the CONCESSIONAIRE shall defend the
same at its sole cost and expense; provided that the CITY retains
the right to participate in said suit if any principle of governmental or
public law is involved; and if final judgment be rendered against the
CITY and/or its officers, agents, and/or employees or any of them
Agreement—Auburn Little League
Resolution No. 3329 Exhibit"A"
February 16, 2001
Page 5 of 13
or jointly against the CITY and the CONCESSIONAIRE and their
respective officers, agents, subcontractors, employees, or any of
them, the CONCESSIONAIRE agrees to fully satisfy the same and
l
the CONCESSIONAIRE shall reimburse the CITY for any cost and
expense which the CITY has incurred as a resu)t of such claim or
suit. The provisions of this section shall survive the expiration or
termination of this Agreement.
Agree.ment—Auburn Little League
Resolufion No. 3329 Exhibit"A"
Fe.bruary 16,2001
Page 6 of 13
8. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONCESSIONAIRE is
an independent contractor and not the agent or employee of the
CITY and that no liability shall Attach to the CITY by reason of
entering into this Agreement exeept as otherwise provided herein.
The parties agree that this contract may not be assigned in whole
or in part without the written consent of the GITY.
9. INSURANCE.
CONCESSIONAIRE shall procure and maintain, for the duration of
this Agreement, liability insurance against claims for injuries against
claims for injuries to persons or damages to property which may
arise from, or in connection with, services provided to the CITY by
the CONCESSIONAIRE, its agents, employees; or subcontractors;
under this Agreement. The CONCESSIONAIRE agrees to provide
comprehensive general liability insurance and shall maintain liability
limits of no less than One Million Dollars ($1,000,000.) combined
single limit per oecurrence for bodily injury, personal injury,
products liability, and property damage. Any deductible or self-
insured retentions in either policies must be declared to, and
approved by, the CITY. At the option of the CITY, either the insurer
shall reduce or eliminate such deductibles or self insured retentions
as respects the CITY, or procure a bond guaranteeing payment of
_ __ . _
Agreement—Auburn Little League
Resolution No. 3329 Exh'itiit"A"
Feb,ruary 16, 2001
Page 7 of 13
losses and related investigations, claim administration, and defense
expense. The policy is to contain, or be endorsed to contain, the
follnwing provisions:
A. The CITY, its officers, employees, and agents are to be
covered as insureds as respect: Liability arising out of
services or responsibilities performed by or under the
obligation of the CONCESSIONAIRE under the terms of this
Agreement, its employees, agents, and subconfraetors. The
coverage shall contain no special limitations on the scope of
protection afforded to the CITY, its officials, employees, or
agents.
B. Any failure to comply with reporting provisions of the policy
shall not affect coverage provided to the CITY, its officials,
employees, or agents:
C. Coverage shall state thatthe CONCESSIONAIRE'S
insurance shafl apply separately to each insured against
whom claim is made or suit is brought, except with respect to '
the limits of the insurer's liability.
D. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, cancelled, reduced in coverage or in limits; except
after thirty (30) days prior written notice by cerfified mail
return receipt reque.sted has been given to the CITY. The
Agreement—Auburn Little League
Resolution No. 3329 Ezhibit"A"
February 16,2001
Page 8 of 13
�
CONCESSIONAIRE agrees to provide copies of the
Certificates of Insurance to the CITY at the time this
Agreement takes effecf.
E. The CONCESSIONAIRE shall furnish the CITY with
Certificates of Insurance and with original endorsements
affecting coverage required by this clause. The CITY
reserves the right to require that complete, certified eopies of
all required insurance policies be submitted to�the CITY at
" any time.
10. TERMINATION OF_AGREEMENT.�
A. This Agreement may be cancelled by either party upon two
(2) weeks written notice. In the event of any breach of any
of the terms or provisions of this Agreement, the CITY shall
" have, in addition to any other recourse, the right to terminate
- this Agreement, to enter and obtain possession of the entire
premises, to remove and exclude any and all persons from
the premises, and to remove and exclude all property of the
CONCESSIONAIRE therefrom all withoutServiee of notice
or resort to legal process and without a legal liability on its
part.
B. Upon the termination of this Agreement the
CONCESSIONAIRE shall peacefully surrender and deliver
up possession of the premises to the CITY, including all
Agreement-Auburn Little League
Resolution No. 3329 Exhibit"A"
_ _ _
February 16,2001
Page 9 of 13
improvements or any additions thereto, in good order and
condition, reasonable wear and tear excepted. From and
after the last day of scheduled use, CONCESSIONAIRE .
shall have seven (7) days in which to remove and elear the
building of all its belongings.
Agreement—Auburn Little League
Resolution No. 3329 Exhibit"A"
February 16,2001
Page 10 of 13
11. A RIGHT TO INSPECTION.
The CITY shall have the right to make inspections at any
reasonable time to assure compliance with this Agreement.
12. DISPLAY OF DEALTH DEPARTMENT PERMITS
CONCESSiONAIRE is required to obtain and display all Health
Department permits, which are required by law.
CONCESSIONAIRE agrees to operate the concession in
compliance with all applicable Health Department requirements;
13. GENERAL PROVISION
A. No waiver by either party of any breach or default hereunder
shall be deemed a waiver of any preceding or any
subsequent breach or default.
B. This Agreement may not be changed or modified nor any
provision hereof waived except in writing agreed to by both
parties.
C. This Agreement shall be construed in accordance with any
and all questions with respect hereto by the laws of the State
of Washington. I
D. Either party agrees to pay all reasonable costs; attorneys'
fees and expenses that may be incurred by the other party
who substantially prevails in enforcing the provisions of this i
Agreement.
Agreement—Auburn Little League
Resolution No. 3329 Exhibit"A"
February 16,2001
Page 11 of 13
E. In the performanae of the services, the CONCESSIONAIRE
agrees to eomply with all applicable federal, state, and local
laws, rules, and regulations.
F. Notiees required pursuant to this Agreement shall be mailed
to the parties at the addresses set.forth above and shall be
deemed given when so mailed.
CITY OF AUBURN
�
, �l� v c
CHARLES A. BOOTH
MAYOR
ATTEST:
�
�
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
� n
1
,
Michael J. Reynolds,
City Attorney
Agreement-Auburn Little League
Resolution No. 3329 Exhibit"A"
February 16, 2001
Page 12 of 13
LITTLE LEAGUE OF AUBURN,
WASHINGTON
i�'�'\� .
BY:
TITLE: �C5c1'J�-v.fT - �(3C�Iul II�Z�CUE
STATE OF WASHINGTON )
)ss . �
COUNTY OF KING )
v�'
On this ��' day of , 2001, before me, the
undersigned, a Notary Public in and for the State of Washi.ngton, personally
appeared � �. ��'l,�r�to me known to be the _1'es i�e��_ __ __ _ of
the LITTLE LEAGUE OF AUBURN, WASHINGTON, the non-profit corporation
that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act of said non-profit organization, for the �
uses and purposes therein mentioned, and on oath stated fhat he/she is
authorized to execute said instrument on behalf of said non-:profit organization.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
��������
official seal the date het�n�o����forth.
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'��i��q'• °���,Z•��= NOTARY PUBLIC in and fo the Sta e.of
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MY COMMISSION expires � ZS�3
Agreement-Aubum Litfle League I'
Resolution No. 3329 Exhibit"A"
February 16, 2001 !
Page 13 of 13