2016-31 CONCESSION AND CATERING SERVICES AGREEMENT
THIS AGREEMENT, made this 12TH day of A p R t L , 2016, between the City of
Clermont,a Municipal Corporation of the State of Florida,(hereinafter referred to as the"CITY")and
PREMIER SERVICES FOR EVENTS, INC , whose address is 354 Story Road, Ocoee, Florida
34761 (hereinafter referred to as the "CATERER")
NOW THEREFORE, m consideration of the covenants and agreements herem contained,the parties
agree as follows
1 SCOPE OF SERVICES CATERER shall provided services to users of the Clermont Arts&
Recreation Center(hereinafter the Facility) to include labor, product, materials, and equipment in
accordance with this agreement and as provided in CITY's RFP 16-025 — Clermont Arts &
Recreation Concession and Catering Services and CATERER's March 10, 2016 response thereto,
the complete terms and conditions of which are incorporated herein Provided, however, nothing
herein shall act as a commitment or guarantee by CITY as to amount of services to be provided by
CATERER or any revenue or sales resulting form the services provided CATERER agrees and to
perform the assigned responsibilities and duties faithfully, intelligently, and to the best of its
ability, and in,the best interest of CITY during the term of this agreement All services provided
shall be performed in accordance with this agreement and with any and all applicable law,
professional standards and guidelines
2 FACILITY CATERER shall be permitted to utilize the facility and equipment,known as
the Clermont Arts & Recreation Center in such manner and on such days and times as approved by
CITY
3 TERM OF AGREEMENT The term of this agreement shall be for two (2) years
commencing on the (2.T* day of A Q R 1 t_ , 2016 Unless otherwise terminated for
breach or in any manner provided herein, this AGREEMENT may be renewed at the option of
CATERER for three(3) additional one(1)year terms
4 PAYMENT TO CITY AND ACCOUNTING In consideration of the rights granted
hereunder, CATERER, shall pay to CITY the sum of FIFTEEN PERCENT (15%) of CATERER's
gross sales after applicable sales tax The payment shall be made to CITY on a monthly basis and
shall be received by CITY by the fifteenth (15t) day of the month for sales completed in the prior
month CATERER shall include with each payment hereunder,a statement listing the dollar amount
of sales broken down by alcohol, food items and non-food items Additionally, CATERER shall
provide to CITY any other information or documentation reasonably requested by CITY and related
to sales by CATERER at the FACILITY within fifteen (15) days of the date of CITY's request
CATERER shall, at all times during the term of this Agreement and for a penod of three (3) years
thereafter, maintain such records, together with such supporting or underlying documents and
materials related to and documenting sales by CATERER at the FACILITY CATERER shall at any
time requested by CITY whether dunng or after completion of this Agreement, and at CATERER's
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own expense make such records available for inspection and audit by CITY Such records shall be
made available to CITY during normal business hours at Clermont City Hall, upon five (5) days
written notice to CATERER
5 NO THIRD PARTY BENEFICIARIES It is expressly understood, acknowledged and
agreed that nothing herein shall create or be construed as a third party beneficiary agreement for any
individual, group,user,company or entity not an express party to this Agreement
6 USE OF FACILITY CATERER shall be responsible for all of its costs necessary to use the
facility Furthermore,CATERER shall utilize the facility in accordance with the rules and regulations
for said use as established by CITY, which may be altered, amended or changed, as CITY deems
appropnate at any time
7 INSURANCE CATERER shall, at CATERER'S sole expense, at all times dunng the term
of this Agreement(including any extension or renewal), mamtam such insurance as set forth in RFP
16-025 The maintenance of insurance coverage as provided herein shall not be construed to limit
nor have the effect of lmutmg CATERER's liability under the provision of any clause or paragraph
contamed m this Agreement Nor shall it be considered, construed or act as a waiver of CITY's
sovereign nmmumty as provided by Flonda Law
8 USE OF PREMISES CATERER may use the FACILITY for any and all purposes as
contemplated herein CATERER covenants that it shall utilized the FACILITY in compliance with
all applicable Federal, State and City laws and regulations and all policies of CITY
9 CATERER'S OBLIGATIONS
(a) CATERER shall comply with all obligations imposed by applicable regulations of the
Fire and Police Department, and applicable provisions of building and health codes,
(b) CATERER shall also obtain and mamtam at all times, where applicable, a City
Business Tax Receipt,a valid and current State Health Department Permit and all other local,County,
State and Federal licenses, and permits needed to open and or operate CATERER'S business,
(c) CATERER shall only use equipment and appliances as approved by CITY and in a
reasonable and safe manner,
(d) CATERER shall operate, conduct any event and utilize the FACILITY in a safe,
proper and business-like fashion and meet any and all Flonda State Statutes, regulations, local
ordinances and health rules,policies and regulations of the City of Clermont,County of Lake and the
State of Flonda,
(e) CATERER shall not destroy, deface, damage, impair or remove any part of the
FACILITY or property of CITY or allow any other person to do so,
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(g) CATERER shall pay all Federal, State and local sales taxes applicable to the use of
the FACILITY,
(h) CATERER shall not use any signage unless it approved in advance by CITY,
10 DEFAULT The failure of CATERER to conform and comply with any term,or obligation
imposed upon CATERER by this Agreement, shall constitute a default of this Agreement In the
event of default, CITY, without the necessity of providing CATERER with an opportunity to cure,
may immediately terminate this Agreement and pursue any all legal remedies available to it at law or
in equity In the event that CITY prevails, CATERER shall be responsible to CITY for attorney fees
and court costs, at all levels including appeal
11 CITY LIMITATION OF LIABILITY The CITY shall not be responsible in any
manner for any loss,damage to any property of CATERER, or injury to persons resulting,occumng
on or about the FACILITY or related to the use of the FACILITY by CATERER In no event and
under no circumstances related to any matter contained herein or any act,action,inaction or omission
of CITY, will CITY be responsible to CATERER or any third party for any consequential damages,
including,but not limited to any loss of use,profits,or the like
12 HOLD HARMLESS AND INDEMNIFICATION In further and specific consideration of
the nghts granted hereunder, the sufficiency and receipt of which is hereby acknowledged by
CATERER,CATERER agrees to indemnify,defend and hold CITY harmless from any and all claims
and liability, including attorney fees at all levels including appeal, whether actual or threatened, for
losses, of or damage to property, or injunes to persons occumng in or about, or related to
CATERER'S use of the FACILITY
13 TERMINATION OF AGREEMENT CITY shall have the nght upon thirty(30)days wntten
notice to terminate this Agreement,without cause
14 NOTICES All notices shall be in wntmg and sent by United States mail, certified or
registered, with return receipt requested and postage prepaid, or by nationally recogmzed overnight
couner service to the address of the party set forth below Any such notice shall be deemed given
when received by the party to whom it is intended
CATERER Premier Services for Events, Inc
354 Story Road
Ocoee, FL 34711
Attn Natalia Couture,President
CITY City of Clermont
685 W Montrose Street
Clermont,FL 34711
Attn Darren Gray, City Manager
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15 ASSIGNABILITY This Agreement,or the right conveyed herein,is not assignable in any
manner by CATERER CITY may, without CATERER's consent assign any and all nghts and
entitlement contained herein
16 AMENDMENT This Agreement shall not be amended unless in writing and signed by
both CITY and CATERER
17 WAIVER No waiver of any breach, failure to enforce a terms or covenant, of this
Agreement by CITY shall be considered a waiver of any other subsequent breach The failure of
CITY to insist upon compliance by CATERER with any obligation,or exercise any remedy,does not
waive the nght to do so in the event of a continuing or subsequent breach
18 INVALIDITY OF PROVISIONS The invalidity or unenforceability of any provision of
this Agreement will not affect the other provision and this Agreement will continue in all respects as
if the AGREEMENT omitted such invalid or unenforceable provisions
19 CHOICE OF LAWNENUE The laws of the State of Flonda will govern this Agreement
and the duties and obligations stated within the Agreement Venue shall be located exclusively in
Lake County, Florida
20 PUBLIC RECORDS CATERER expressly understands records associated with this project
are public records and agrees to comply with Florida's Public Records law,to include,to
(a)Keep and mamtam public records that ordinarily and necessarily would be required by the
CITY in order to perform the services contemplated herein
(b)Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's
Public Records law or as otherwise provided by law
(c)Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law
(d)Meet all requirements for retaining public records and transfer,at no cost,to the CITY all
public records in possession of the CATERER upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements All records stored electronically must be provided to the CITY m a format that is
compatible with the information technology systems of the CITY
(e) If Contractor has questions regarding the application of Chapter 119, Florida Statutes,
to the Contractor's duty to provide public records relating to this Contract,Contractor shall contact
the City's custodian of public records at City Clerk's Office, (352) 241-7331
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CATERER acknowledges having read, understood and agreed to these provisions and
having accepted a copy of this Agreement
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this /2" day
oft I , 2016
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lei F;`1 i cy A, Qyd'`Howe, City Clerk Gail L Al,Mayor
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Al EST PREMIERWit\
SERVICESDFOR EVENTS, INC
BYCt (1, ()k
Corp Se etary/Officer Natalia Couture,President
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