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2008-26736 ResoRESOLUTION 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; AND FURTHER DELEGATING AUTHORITY TO THE CITY MANAGER TO ADMINISTRATIVELY ALLOW FOR SAID USE IN THE FUTURE CONSISTENT WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. 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), 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 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; and further delegating authority to the City Manager to administratively allow for said use in the future consistent with the terms and conditions set forth herein. PASSED and ADOPTED this 16th ATTEST: ~. CITY CL RK Robert Parcher F:\poliWDM I\$CH I\2008\pal-reso.doc day of January , 2008 Matti H. Bower APPROVED AS TO FORM & LANGUAGE 8~ FOR EXECUTION '~ ,~ .~ ( ~,J ~ ~ ~. 1 {i~ ~~ ~ ~ 8 COMMISSION ITEM SUMMARY Condensed Title: Use of public swale by PAL for a fund raising food concession stand during the Miami International Boat Show from 2/13/08 to 2/20/08. Ke Intended Vutcome 5U Orted: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): The PAL was developed to deter juvenile eliquency which impacts crime in the City of Miami Beach and the safety of our neighborhoods. Safety as ranked #1 by residents as one of the changes that will make Miami Beach a better place; safety across he City was one of the most important areas affecting the quality of life; and 78% of residents ated the quali of services rovied b Ci Police as excellent or ood. Issue: Shall the City Commission grant permission to the 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, to operate a food concession stand during the Miami International Boat Show from 2/13/08-2/20/08; 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 the 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. Item Summa /Recommendation: The Police Athletic League (PAL), snot-for-profit entity, requests permission to operate a fund raising food concession stand utilizing the public swale area, located at Dade Boulevard and Prairie Avenue, adjacent to the Miami Beach Senior High School. In that this is a significant source of funding raising for the PAL, and the proceeds from the food concession stand are returned to the PAL for its exclusive use in providing innovative and progressive programming for the children of our community; it is recommended that the PAL be granted permission for this fund raising food concession stand using the public swale. 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. Board Recommendation: Financial Information: Clerk's Office Legislative Trac Sign-Offs: Department Director Assistant City Manager City Manager T:WGENDA\2008\January 16\Consent\PAL 2008BoatShow summary.doc m MIAMIBEACH J U AGENDA ITEM G7F DATE /-~6-~~ m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.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 CITY, NAMING THE CITY AS AN ADDITIONAL INSURED; AND FURTHER DELEGATING AUTHORITY TO THE CITY MANAGER TO ADMINISTRATIVELY ALLOW FOR SAID USE IN THE FUTURE CONSISTENT WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. 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. 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