City Commission Agenda Cover Memorandum Originating Department: Recreation (REC) Meeting Type: Regular Agenda Date: 11/06/2017 Advertised: Required?: Yes No ACM#: 21639 Subject: Resolution No. 304-17 approving a Special Event License Agreement with Palm Beach County Motorcyclists Toys for Tots, Inc. for "Bill's Memorial Toys for Tots Toy Run" at Dreher Park (South) on Sunday, December 10, 2017 from 12:00 p.m. to 7:00 p.m. and authorizing issuance of an alcoholic beverages license for the event. Ordinance/Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A SPECIAL EVENT LICENSE AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY MOTORCYCLISTS TOYS FOR TOTS, INC., FOR THE PURPOSE OF CONDUCTING BILL'S BIKES MEMORIAL TOYS FOR TOTS TOY RUN AT DREHER PARK-SOUTH ON DECEMBER 10, 2017 FROM 12:00 PM TO 7:00 PM; AUTHORIZING THE ISSUANCE OF A PERMIT TO THE PALM BEACH COUNTY MOTORCYCLISTS TOYS FOR TOTS, INC. FOR THE SALE, CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES AT BILL'S BIKES MEMORIAL TOYS FOR TOTS TOY RUN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Staff Recommended Motion: Approve Resolution No. 304-17. Background: Palm Beach County Motorcyclists Toys for Tots, Inc. will produce "Bill's Bikes Memorial Toys for Tots Toy Run" on Sunday, December 10, 2017 from 12:00 p.m. to 7:00 p.m. at Dreher Park (South). Palm Beach County Motorcyclists Toys for Tots, Inc. has held this event in West Palm Beach for 33 years. The purpose of this event is to collect toys for the children in our community that are less fortunate. During this community event, they serve food and alcoholic/nonalcoholic beverages. Palm Beach County Motorcyclists Toys for Tots, Inc. will pay the City of West Palm Beach a $690.00 Special Event permit fee and $500.00 Special Event security deposit. The event producer will also provide the City of West Palm Beach with general liability insurance and liquor liability insurance both additionally insuring the City of West Palm Beach. The event producers have already made arrangements for police support for this event. Fiscal Note Current Year: Budgeted: Unbudgeted: Funding Source:
AGENDA COVER MEMORANDUM Page 2 C.M. # Date: Annualized: No Budget Comment: No fiscal impact. Electronic Attachments: Click here for assistance with naming convention. Is this ACM related to a Grant? Yes No Is this ACM related to Housing? Yes No Originating Department - Approved by: Leah Rockwell on 10/05/2017 10/06/2017 Finance Department 10/23/2017 City Attorney's Department 10/24/2017 Asst. City Administrator Return to Agenda
RESOLUTION NO. 304-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A SPECIAL EVENT LICENSE AGREEMENT BETWEEN THE CITY AND THE PALM BEACH COUNTY MOTORCYCLIST TOYS FOR TOTS, INC., FOR THE PURPOSE OF CONDUCTING BILL S BIKES MEMORIAL TOYS FOR TOTS TOY RUN AT DREHER PARK - SOUTH ON DECEMBER 10, 2017 FROM 12:00 P.M. TO 7:00 P.M.; AUTHORIZING THE ISSUANCE OF A PERMIT TO THE PALM BEACH COUNTY MOTORCYCLIST TOYS FOR TOTS, INC. FOR THE SALE, CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES AT BILL S BIKE MEMORIAL TOYS FOR TOTS TOY RUN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. * * * * * * * * * * NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, that: SECTION 1: The City Commission of the City of West Palm Beach, Florida hereby authorizes the Mayor to execute a Special Event License Agreement between the City and Palm Beach County Motorcyclist Toys for Tots, Inc., granting a special event license for Bill s Bike Memorial Toys for Tots Toy Run at Dreher Park on December 10, 2017 from 12:00 p.m. to 7:00 p.m. ( Event ) in form and substance similar to that attached as Exhibit A ( Agreement ). SECTION 2: The City Commission hereby authorizes the issuance of a permit to the Palm Beach County Motorcyclist Toys for Tots, Inc. for the sale, consumption and possession of alcoholic beverages at the Event. SECTION 3: On or before November 17, 2017, the Palm Beach County Motorcyclist Toys for Tots, Inc. shall provide proof of a comprehensive general liability insurance policy which shall include liquor liability in the amount of $1,000,000.00 and name the City as an additional insured. SECTION 4: Upon receipt of two (2) originals of the Agreement executed by Palm Beach County Motorcyclist Toys for Tots, Inc., and receipt of evidence of all required insurance coverages, the Mayor is authorized to execute the Agreement. One fully executed original shall be retained by the City as a public record. The other original Agreement shall be provided to the Director of Parks & Recreation for forwarding to Palm Beach County Motorcyclist Toys for Tots, Inc.. SECTION 5: This Resolution shall take effect in accordance with law.
RESOLUTION NO. 304-17 PASSED AND ADOPTED THIS DAY OF, 2017 (CORPORATE SEAL) ATTEST: CITY CLERK CITY OF WEST PALM BEACH BY ITS CITY COMMISSION PRESIDING OFFICER OFFICE OF THE CITY ATTORNEY Approved as to form and legality By:
LICENSE AGREEMENT Contract No. Res. No. 304-17 THIS LICENSE AGREEMENT, made and entered into this day of, 2017, is by and between the CITY OF WEST PALM BEACH (hereinafter CITY ), a municipal corporation of the State of Florida, whose address is 401 Clematis Street, West Palm Beach, Florida 33401, and the PALM BEACH COUNTY MOTORCYCLISTS TOYS FOR TOTS, INC. (hereinafter LICENSEE ), whose address is 10686 Aquarius Lane, Royal Palm Beach, Florida 33411. WHEREAS, LICENSEE desires to obtain a license to use Dreher Park South to host Bill's Bikes Memorial Toys for Tots Toy Run (the "Event"); and WHEREAS, the City Commission of the City of West Palm Beach desires to accommodate the request of LICENSEE as hereinafter provided. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of all such covenants and conditions, CITY and LICENSEE do hereby agree as follows: A. The CITY hereby grants to LICENSEE the license, permit and privilege to conduct the Event on Sunday, December 10, 2017 from 12:00 p.m. to 7:00 p.m. at Dreher Park South (the Permitted Area or Premises ). B. LICENSEE and CITY intend that this document shall be a license and privilege, and that no leasehold or other interest in the land is conferred upon the user under the provisions hereof. LICENSEE takes the property in an as is condition. C. LICENSEE shall pay the CITY a special event permit fee of Six Hundred Ninety Dollars ($690.00) and a Special Event Security Deposit fee of Five Hundred Dollars ($500.00). D. LICENSEE agrees to provide any and all emergency access required by the CITY and its employees for the safety and welfare of the community and those attending the Event, and proper entrances into any gates which are locked. If in the course of LICENSEE s operations, CITY or its officers, agents and employees become aware of any condition in or about the permitted area which may be dangerous, LICENSEE shall immediately correct such condition or cease operations upon being notified so as not to endanger persons or property. 1
E. LICENSEE agrees to defend, indemnify, save and hold harmless the CITY and the CITY s officers, agents, and employees from any claim, demand, suit, loss, cost or expense or any damages which may be asserted, claimed or recovered against or from CITY or CITY s officers, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of or is incidental to or in any way connected with LICENSEE s use of the Permitted Area or the condition of the Premises on which the Event is held including those arising during the preparation and breakdown of the Event. This indemnification includes, but is not limited to the performance of this License Agreement by LICENSEE, the operation of the LICENSEE and its use of the property hereunder, or any act or omission of LICENSEE, its agents, servants, contractors, patrons, guests or invitees and includes any costs, attorney s fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof. Nothing contained herein shall be deemed a waiver by the CITY of sovereign immunity or the protections under Sec. 768.28, Fla. Stat. LICENSEE further agrees to defend, indemnify, save and hold harmless the CITY and the CITY s officers, agents and employees from any claim, demand, suit, loss, cost or expense or any damages arising out of or relating to LICENSEE s failure to obtain all necessary performing rights and licenses (BMI AND ASCAP). This provision shall not require LICENSEE to indemnify CITY for CITY s own actions. F. LICENSEE shall obtain and keep in force at all times during the full period for which the privileges hereunder are granted, a policy or policies of public liability and property damage insurance, protecting the CITY, its officers, agents and employees against any and all liability due to death, injury or damage to property arising out of, or any way incidental to LICENSEE S operation. LICENSEE agrees to provide the policy or policies in comprehensive form in an amount of not less than One Million Dollars ($1,000,000.00), combined single limit, per occurrence, bodily injury, including death, property damage, and liquor liability. The insurance policy shall also contain broad form contractual coverage applicable to this License Agreement and specifically including the indemnification and hold harmless clause contain herein, and liquor liability with minimum limits not less than that required for bodily injury and property damage. Additionally, LICENSEE must provide that the CITY is listed as an additional insured on all required policies. A certificate of insurance evidencing the coverage s described in this paragraph shall be submitted to CITY not less thirty (30) days prior to the commencement of the use of the Premises licensed hereunder. G. LICENSEE agrees to pay to CITY, within ten (10) days after the Special Event, all expenses to be incurred by CITY for services provided for the Special Event including, but not limited to, emergency services, police, fire, traffic control, sanitation, traffic barricades, clean-up fees, or any other CITY services required in the CITY s staffing of the Special Event. The cost to LICENSEE for providing off-duty police services shall be $35.00 per police officer per hour with a minimum of three-hour shifts. A police officer shall be required to be at each location deemed necessary by the CITY to maintain order and protect persons and property. An estimate of the amount to provide off-duty police 2
and other services will be determined and provided to the LICENSEE when a finalized site plan is received. LICENSEE shall also pay the CITY within ten (10) days after the Special Event for an on-call Parks and Recreation Department employee at the rate of $35.00 per hour during the Special Event and for any services provided by the employees of the CITY S Parks and Recreation Department during non-working hours at the rate of $35.00 per hour with a minimum of three-hour shifts. There will be no fee charged for administrative time, and every effort will made by the CITY to perform administrative services during regular CITY work hours. H. In the event that any sentence, section, paragraph or portion of this Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. I. Any waiver by either party hereto of any one or more of the covenants, conditions, or provisions of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. J. Any and all notices to be given to LICENSEE under this Agreement may be given by certified or registered mail addressed to: Palm Beach County Motorcyclists Toys for Tots, Inc., 10686 Aquarius Lane, Royal Palm Beach, Florida by certified or registered mail addressed to Leah Rockwell, Director of Parks and Recreation, 401 Clematis Street, West Palm Beach, Florida 33401 and to the City Attorney, 401 Clematis, West Palm Beach, Florida 33401. K. In the performance of this License Agreement, LICENSEE shall not discriminate against any vendor, concessionaire, employee, patron, visitor, attendee or customer because of sex, age, race, color, religion, ancestry, national origin, sexual orientation, or handicap. L. In the event that the CITY is required to file legal action against LICENSEE to collect any amounts due under this Agreement, CITY shall be entitled to its costs of collection, attorney s fees and costs, and interest at the maximum rate allowable by law. M. This Agreement shall be governed by the laws of the State of Florida and venue shall lie in Palm Beach County, Florida. [ Signatures on following page. ] 3
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized agents and representatives with all the formalities required by law on the day and year first written above. PALM BEACH COUNTY MOTORCYCLISTS TOYS FOR TOTS, INC. By: ATTEST: City Clerk CITY OF WEST PALM BEACH By: Geraldine Muoio, Mayor CITY ATTORNEY S OFFICE Approved as to form and legality By: 4