HomeMy WebLinkAboutUkiah Main Street Program 2017-01-09COU No. 1617208
t City of Ukiah
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Memorandum of Understanding
This Memorandum of Understanding (MOU) entered into on the C day of ,
2017 ("Effective Date"), by and between the Ukiah Main Street Program (UMSP) and the Cit of Ukiah
(hereinafter referred to as "City"):
It is agreed upon that the Ukiah Main Street Program will provide the exclusive beer and wine vendor
services for the Sundays in the Park Concert Series. The concerts take place at Todd Grove Park during
the summer months and typically have 6 shows per season. City will provide four tables and the vendor
location of Main Street's choosing.
IST
The initial term of this Agreement shall commence on the Effective Date and shall remain in effect
for five (5) years. The term of this Agreement may be extended for one (1) additional period of five
(5) years upon the mutual written consent of both parties.
2. OBLIGATIONS OF UMSP
• Manage all Beer and Wine service operations including collection and accounting of all
revenues, and selecting and acquiring products to adequately to respond to demand.
• Prepare and submit a statement for the operation which details the gross receipts derived
from all sales during the Concert Series.
• Provide beer and wine service of sufficient quality and variety to meet customer demand
including but not limited to red wine, white wine, domestic beer and microbrew beer.
• UMSP is fully responsible for the clean-up of their own trash and the disposing of garbage.
The City of Ukiah will provide trash receptacles. UMSP will dispose of their own recycling
as well.
• UMSP agrees to operate beer and wine booth for each concert of the season.
• Follow all local, state and federal laws, regulations, and guidelines for food and beverage
service and handling and any other laws governing this type of activity including but not
limited to receiving a temporary food facility permit from the County of Mendocino
Environmental Health Division.
• Provide the City of Ukiah with a Certificate of Insurance and Additional Insured
Endorsement naming the City of Ukiah as additionally insured in the amount of $1,000,000
(one million dollars). Samples will be provided upon request.
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 • Fax: (707)463-6204 •www.cityofLikiali.com
• Provide a menu of your items with prices on your booth and clearly visible to the consumer.
• The hours for setting up equipment are 2 pm to 5 pm. Vehicles must be out of the park by 5
pm. Be set up and ready to serve concert attendees by 5:30 pm. Your assigned area will be
posted. Due to limited parking, only 2 parking spaces per vendor will be available in the
designated "vendor parking" area.
• Maintain appropriate insurance for protection against fire, theft, accident liquor and general
liability. UMSP's insurance shall name the City of Ukiah as additionally insured on all
policies for the Concession Building.
3. UMSP Employees and Volunteers
UMSP shall retain at all times on the premises during hours of operation an employee or volunteer of
UMSP that is authorized to represent and act for UMSP in matters pertaining to the exercise of the
requirements hereby stated and to the performance of the duties and obligations required in this
agreement. UMSP shall keep City informed in writing of the status of key positions. Employees and
volunteers of the UMSP who have contact with the public shall be clean, courteous and neat in
appearance and demeanor at all times. UMSP shall have an employee at least 21 years of age present at
all times during hours of operation to serve alcoholic beverages. UMSP shall at all times have sufficient
personnel at the premises to provide a level of service customary in the industry.
4. SHARED REVENUE BY THE UMSP.
a. Definition of Gross Revenue The term "Gross Revenue" as used in this Agreement shall
mean the gross selling price of all products and services sold in or from the Concession Building by
UMSP, its employees, sub-UMSPs or agents, whether for cash or on credit, without exclusion, except as
specifically excluded by this subsection or as otherwise agreed to in writing by City. Gross Revenue
shall include the value of all products or services given away or traded.
b. Amount of Pam UMSP shall pay to City the following percentage of Gross
Revenue as defined below:
Ten percent (10%) of Gross Revenue (No deductions)
5. RECEIPT OF REVENUE AND PAYMENT.
UMSP shall pay the fee due to the City of Ukiah on an annual basis, no later than 30 after the final
concert of the season. The fee must be .accompanied by documentation verifying the payments due to
the City.
City of Ukiah Ukiah Main Street Program
Jake Burgess Rick Hansen
411 West Clay Street 200 S. School St.
Ukiah, CA 95482 Ukiah, CA 95482
This MOU shall be executed in duplicate originals with each containing the original signatures
of the parties. Any such duplicate original shall be admissible in any legal proceeding as evidence of the
terms of this MOU.
IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate original
the day and year first above written.
li,
of U iah
ke gess, ecreation Supervisor
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Date
is ain Street Program
Rick Hansen, Executive Director
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Date