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HomeMy WebLinkAboutGreater Ukiah Business and Tourism Alliance (GUBTA) 2024-03-14300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707)463-6200 · Fax: (707)463-6204 ·www.cityofukiah.com Memorandum of Understanding This Memorandum of Understanding (MOU) entered into on the _____ day of __________________, 2024 (“Effective Date”), by and between the Greater Ukiah Business and Tourism Alliance (GUBTA) and the City of Ukiah (hereinafter referred to as “City”): It is agreed upon that the Greater Ukiah Business and Tourism Alliance will provide the exclusive beer and wine vendor services for the Sundays in the Park Concert Series and Pumpkinfest. The concerts take place at Todd Grove Park during the summer months and typically have 6 shows per season. 1.TERM 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 GUBTA: •Secure valid ABC permits •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. •Manage all Beer and Wine service operations including collection and accounting of all revenues. •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). •Prepare and submit a statement for the operation which details the gross receipts derived from all sales during the Concert Series and PumpkinFest. •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. •GUBTA is fully responsible for the clean-up of their own trash and the disposing of garbage. The City of Ukiah will provide trash receptacles. GUBTA will dispose of their own recycling as well. COU No. 2324-174 14 March • Sundays in the Park: o Provide a menu of your items with prices on your booth and clearly visible to the consumer. o GUBTA agrees to operate beer and wine booth for each concert of the season. o 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. • PumpkinFest: o Send representative to all officially scheduled Pumpkinfest Committee meetings. o Provide beer/wine sales by the glass. o Provide all decorations for beer and wine area. o Provide security for beer and wine area. This includes ID checks, ticket sales/ door, pourers and attendees. o Manage brewers and wine reps during load in, load out and during event. o Effectively advertise and market the event. 3. GUBTA Employees and Volunteers GUBTA shall retain at all times on the premises during hours of operation an employee or volunteer of GUBTA that is authorized to represent and act for GUBTA in matters pertaining to the exercise of the requirements hereby stated and to the performance of the duties and obligations required in this agreement. GUBTA shall keep City informed in writing of the status of key positions. Employees and volunteers of the GUBTA who have contact with the public shall be clean, courteous and neat in appearance and demeanor at all times. GUBTA shall have an employee at least 21 years of age present at all times during hours of operation to serve alcoholic beverages. GUBTA 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 GUBTA. 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 GUBTA, its employees, sub-GUBTAs 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 Payments GUBTA 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. GUBTA 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 Greater Ukiah Business and Tourism Alliance Jake Burgess Katrina Kessen 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. City of Ukiah Greater Ukiah Business and Tourism Alliance ____________________________ __________________________ Sage Sangiacomo, City Manager Katrina Kessen, Executive Director ____________________________ __________________________ Date Date Mar 21, 2024