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Reso 2008-26736RESOLUTION NO. 2008-26736 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ALLOWING THE POLICE ATHLETIC LEAGUE (PAL), ANOT-FOR-PROFIT ENTITY, TO UTILIZE THE PUBLIC SWALE AREA, LOCATED AT DADE BOULEVARD AND PRAIRIE AVENUE, ADJACENT TO MIAMI BEACH SENIOR HIGH SCHOOL, FOR A FUND RAISING EVENT TO OPERATE A FOOD CONCESSION STAND, FROM FEBRUARY 13-20, 2008, DURING THE MIAMI INTERNATIONAL BOAT SHOW; FURTHER PROVIDING THAT SAID PUBLIC SWALE BE UTILIZED BY PAL SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT 100% OF THE PROFITS GENERATED FROM THIS FUNDRAISER BE RETURNED TO PAL FOR ITS EXCLUSIVE USE; (2) THAT THE SUBJECT PERMISSION IS GRANTED WITHOUT ESTABLISHING PRECEDENT; AND (3) THAT PAL PROVIDE A CERTIFICATE OF INSURANCE OR OTHER PROOF OF COMPREHENSIVE LIABILITY INSURANCE TO THE CITY, NAMING THE CITY AS AN ADDITIONAL INSURED. WHEREAS, the Administration has received a request from the Miami Beach Police Athletic League (PAL), anot-for profit entity, for permission to utilize the Dade Boulevard swale adjacent to Miami Beach Senior High, to place and operate a food concession stand during the Miami International Boat Show, from February 13-20, 2008; and WHEREAS, the Administration recommends approval of PAL's request subject to and contingent upon the following conditions: 1. that 100% of the profits generated from this fundraiser be returned to PAL for its exclusive use; 2. that the subject permission is granted without establishing precedent; and 3. that PAL provide a certificate of insurance or other proof of comprehensive liability insurance to the City, naming the City as an additional insured. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and allow the Police Athletic League (PAL), snot-for-profit entity, to utilize the public swale area, located at Dade Boulevard and Prairie Avenue, adjacent to Miami Beach Senior High School, for a fund raising event to operate a food concession stand, from February 13-20, 2008, during the Miami International Boat Show; further providing that said public swale be utilized by PAL subject to the following conditions: (1) that 100% of the profits generated from this fund raiser to be returned to PAL for its exclusive use; (2) that the subject permission is granted without establishing precedent; and (3) that PAL provide a certificate of insurance or other proof of comprehensive liability insurance to the City, naming the City as an additional insured. PASSED and ADOPTED this 16th day of January 2008 ATTEST: CITY CLERK Robert Parcher F:\pol i\ADM I\$C H I\2008\pal-reso.doc APPROVED AS TO FORM ~ LANGUAGE ts~ FOR EXECUTION ~~ -~ C~ Attorney ~~ ~, Date ti m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, w~ww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 16, 2008 ~ ,~ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ALLOWING THE POLICE ATHLETIC LEAGUE (PAL), ANOT-FOR-PROFIT ENTITY, TO UTILIZE THE PUBLIC SWALE AREA, LOCATED AT DADE BOULEVARD AND PRAIRIE AVENUE, ADJACENT TO MIAMI BEACH SENIOR HIGH SCHOOL, FOR A FUND RAISING EVENT TO OPERATE A FOOD CONCESSION STAND, FROM FEBRUARY 13-20, 2008, DURING THE MIAMI INTERNATIONAL BOAT SHOW; FURTHER PROVIDING THAT SAID PUBLIC SWALE BE UTILIZED BY PAL SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT 100% OF THE PROFITS GENERATED FROM THIS FUNDRAISER BE RETURNED TO PAL FOR ITS EXCLUSIVE USE; (2) THAT THE SUBJECT PERMISSION IS GRANTED WITHOUT ESTABLISHING PRECEDENT; AND (3) THAT PAL PROVIDE A CERTIFICATE OF INSURANCE OR OTHER PROOF OF COMPREHENSIVE LIABILITY INSURANCE TO THE C_C~T-1(T NAMIhIG THE-CITY AS AN~DDITIONAL INSU ~~ URTHER~SELEGATING AUTHORITY TO ,' THE CITY MANAGER TO ADMINISTRATIVELY ALLOW FOR SAID USE IN THE FUTURE CONSISTENT WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. _-- _rir _rm_s_. _-. ~ ~ ..-a.~~.~°- a._~,_ ADMINISTRATION RECOMMENDATION ~' Adopt the Resolution. (~ ~~~ ANALYSIS The Police Athletic League operates a fund raising food concession during the Miami International Boat Show from February 13 - 20, 2008 for the purpose of supporting the extensive programming they provide for the children of the City of Miami Beach. This fund raising activity successfully brings in much needed monetary support for the PAL. CONCLUSION It is recommended that the Mayor and City Commission adopt this Resolution and permit PAL to utilize the swale, and the PAL will be able to raise much needed funds for their operations through the operations of a food concession stand. This same resolution with the same terms and conditions has been approved each January since 1998. If the City Commission so desires it can delegate the authority to the City Manager to administratively allow for said use in the future consistent with the terms and conditions set forth herein. CN\tr T:\AGENDA\2008Wanuary 16\Consent\PAL 2008BoatShow - memo.doc