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Home My Public Portal AboutView Disc Golf Course Concenssionaire AgreementCONCESSIONAIRE AGREEMENT FOR PORTION OF NORTHVIEW PARK KNOWN AS "THE VIEW" DISC GOLF COURSE" This Agreement is made and entered into as of October 24, 2022, by and between the City of Crestview ("City") and Compass Rose Disc Golf Course ("Vendor"). WHEREAS, the City owns and operates several parks, including Northview Park located at 1090 Northview Park Drive, Crestview, Florida 32536 (the "Park"); WHEREAS, Vendor desires to provide disc golf tournaments, maintenance services on a portion of the Park (the "Course"), together with ancillary sales of goods, services and supplies to facilitate use of the Course; and WHEREAS, the City is willing to permit Vendor to conduct business at the Course on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the adequacy of which each party acknowledges, the parties agree as follows: 1. The City agrees to permit Vendor to provide and operate a Disc Golf Group at the Park in the location where the existing Course is located, and to permit Vendor to make ancillary sales of goods, services and supplies during events held at the Course to facilitate and encourage public participation and use of the Course. Such goods, services and supplies include Vendor's provision or sale of, or invitation of separate vendors to provide or sell, food, drink, candy and the like, as well as vendors associated with sales and disc golf related equipment. Vendor shall assume the risk of loss regarding any personal property, trade fixtures or equipment installed or utilized by Vendor at the Park and shall hold the City harmless for any damage or maintenance regarding the same, except as otherwise provided herein. Vendor shall comply with all applicable laws, regulations, and ordinances in the operation of the Course at the Park. The ability to provide food and drink concessions under this Agreement is not exclusive and other vendors may be permitted to operate within the Park at the City's sole discretion. 2. Vendor's services shall be conducted professionally. Vendor shall keep the premises in and around the Course in a clean and orderly condition at all times and in compliance with applicable laws, ordinances, rules and regulations, including any required City permits. Garbage and trash shall be placed in appropriate receptacles. Vendor agrees to provide such employees or volunteers as Vendor deems necessary to provide services in accordance with the terms and conditions of this Agreement. Vendor shall be entirely responsible for the acts and activities of all persons providing services under, pursuant to, or in connection with this Agreement. Vendor shall take appropriate measures required to comply with all health and safety 3. The term of this Agreement is from October 1, 2022, through September 30, 2023. On mutual agreement of the parties, this Agreement may be renewed for two successive one-year terms after expiration of the original term. 4. In consideration for the right to provide concession services at the Course, Vendor agrees to pay to perform various maintenance and improvement work at not -less -than 20hrs each month. Vendor shall report the time spent performing these tasks to the Parks & Recreation Director on or before the (5th) day of each month. Any improvements shall be approved in writing by the Director prior to any work being completed. Any expenses to provide such improvements shall be at the Vendors responsibility and will not be reimbursed by City unless the request is approved in writing prior to any said purchase. Vendor shall be responsible for paying all sales tax and complying with federal tax reporting requirements and shall hold the City harmless for any liability regarding the same. 5. Vendor agrees to conduct its business and operate the same in compliance with all health regulations, safety standards and other applicable laws, ordinances and regulations, and to obtain all necessary City, State, and Federal licenses, permits and tax numbers, as required to conduct its operations. Vendor further agrees to pay any and all income taxes, sales taxes, or other taxes which may be due or become due in connection with Vendor's business. The City has the right to enter the property at any time for inspection. The City maintains the right to reserve the property at any time for maintenance but agrees to use its best efforts to avoid interruption of Vendor's scheduled events. Vendor shall coordinate scheduling of events with the City's Events Coordinator. 7. Upon termination, any improvements made to the Park by Vendor during the term of this Agreement shall remain in place and be the property of the City. Vendor shall return the Park to the City in a neat and orderly condition upon termination. 8. No alcoholic beverages, drugs or illegal activities shall be permitted on the premises at any time. Vendor shall not discriminate against any individual or group on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation. 9. Vendor assumes all risk of loss or damage to its equipment howsoever caused and does release the Landlord from all claims and demands with respect thereto including to or loss of equipment arising from the act, default or omission of the Landlord, its agents, servants, employees, subcontractors, customers, invitees or licensees or resulting from any cause whatsoever (save and except damage or loss resulting solely from the Landlord's willful or reckless disregard or gross negligence). 10. Vendor is an independent contractor and shall not be considered an employee, officer or agent of the City. Vendor shall retain the right to exercise full control and supervision of all employees and volunteers assisting Vendor in the performance of services hereunder. Vendor shall be solely responsible for all matters relating to the payment of its employees including workers compensation, social security and income tax withholding, and all other regulations governing such matters. 11. Vendor shall not sub -contract or otherwise assign, delegate or transfer the rights, duties and services to be performed under this Agreement, or any part hereof, without the prior written consent of the City. 12. Vendor agrees to obtain and maintain, at Vendor's sole cost and expense, comprehensive general liability insurance coverage to insure against all claims which arise from the operation or performance of Vendor's activities pursuant to this Agreement with single limit coverage applying to bodily and personal injury liability and property damage of not less than $1,000,000 per occurrence. This policy shall contain an endorsement listing the City, its officers, employees, agents and representatives as additional insured. Proof of such insurance, with the City listed as an additional insured, shall be submitted to the City upon execution of this Agreement. 13. Vendor agrees to indemnify, hold harmless and defend the City, its officers, agents, and employees from and against any and all loss, liability, expense, claims, costs, suits and damages, including attorneys' fees, however caused, arising out of or resulting from the operations, acts or omissions of the Vendor, its employees, volunteers, officers and agents, in performance of Vendor's services and obligations under this Agreement. 14. In the event Vendor defaults under any of the terms or conditions hereof, the City shall send written notice to Vendor of such default, who shall then have ten (10) days to cure the default. In the event Vendor fails to cure its default within the time provided, the City may declare this Agreement terminated. 15. Any notice or demand required or permitted to be given under the terms of this Agreement shall be deemed to have been properly given when the same is in writing and has been delivered personally or deposited in the United States mail, postage pre -paid, return receipt requested, and addressed as follows: 16. Every provision of this Agreement is intended to be several. If any term or provision is deemed invalid or illegal for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 17. This Agreement contains the entire and integrated agreement of the parties as of its date, and any prior or contemporaneous promises, representations, warranties, inducements, or understandings between the parties pertaining to the subject matter hereof which are not contained herein shall be of no force or effect. 18. Any amendment or alteration of this Agreement shall be made in writing and signed by the parties. 19. The parties agree that time is of the essence in the performance of all duties herein. 20. Nothing in the agreement shall give the Vendor exclusive rights to this property. The park shall remain open to the public for its current use. The Vendor shall coordinate with the Parks and Recreation department for any events to ensure that other parties are allowed access to the property. 21. This Agreement shall be binding upon and shall inure to the benefit of the parties respective representatives, agents and successors. IN WITNESS WHEREOF, the parties hereby cause this Agreement to be executed as of the day and year first above written. CITY OF CRESTVIEW B. Whitten, Mayor ATTEST: Maryanne Bader, City Clerk VENDOR: 1)