HomeMy WebLinkAboutTHUNDER SIVOIR CATERING THUNDER OVER LOUISVILLE
CONTRACT FOR SERVICES PROVIDED
This is a contract entered into by and between Sivori Catering, Inc. a Kentucky based corporation whose
principal office is located at 9111 Fairmount Rd. Louisville, KY 40291, from this point forward known as
Vendor, and the City of Jeffersonville, IN. from this point forward known as the "City", and thru its authorized
agent, Sara Simpson, the city's Thunder event Coordinator.
Whereas, an event known as "Thunder Over Louisville" has become an annual tradition in the vicinity of
Jeffersonville, IN as part of the Kentucky Derby Festival festivities.
Whereas, the "City" of Jeffersonville incurs additional overtime costs for additional police protection, security
and personnel and emergency personnel as part of the Thunder event,
Whereas, the "City" blocks off certain city streets and city owned properties to optimize safety and to
accommodate the Thunder crowds,
Whereas, the "City" rents portions of said property to vendors to set up concessions for sale of food,
beverages and other products to potentially provide services to the public,
Whereas, the "City" has assigned duties to Sara Simpson to serve as Thunder vendor coordinator to enter into
contracts with vendors or a single vendor to operate upon city property to generate revenue as an off-set for
said additional police protection and other costs to the "City" occasioned by Thunder,
Whereas, it is in the best interests of the "City" to rent food and other concessions for Thunder to a single
vendor who will be responsible for establishing a variety of food and other vendors to make food, beverages,
and other retail sales and services available to the public for Thunder,
Whereas, it is in the mutual interests of the said parties to enter into this contract agreement to provide
vendors for Thunder,
NOW, THEREFORE BE IT AGREED by the parties as follows:
Section 1. This contract is for the annual Thunder Over Louisville one day event on April 21, 2018. The vendor
will have exclusive food and beverage rights for Thunder Over Louisville in 2018.
Section 2. Recitals are Substantive part of this contract. The recitals set forth above shall be incorporated
herein by reference as a substantive part of this contract
Section 3. Contract information for parties:
The Vendor's place of business is:
9111 Fairmount Rd.
Louisville, KY 40291
-OR-
P.O. Box 19469
Louisville, KY 40259
502-552-6475
The "City" place of business is:
The City of Jeffersonville
Sara Simpson - Special Events Manager
500 Quartermaster Court, Suite 205
Jeffersonville, IN 47130
812-285-6440
Section 4. Scope of Vendor services/Vendor Obligations. The "Vendor" shall pay the amount stated below for
its right, title, privilege and license to supply services described herein under "Scope and Manner of Services".
The vendor hereby agrees to provide the "City" with such services in exchange for consideration described
herein under "Payment for Services Rendered".
Scope and Manner of Services:
To provide a variety of thirty (30) food and beverage concessions for Thunder Over Louisville, to
Jeffersonville, IN on April 21, 2018. The vendor shall provide the following services:
A) Provide food and beverage concessions on "City" property as designated by the "City". All beverages sold
will be purchased from the local Coca-Cola Distributor, due to City sponsorship agreement.
B) Provide all necessary generators sufficient to provide continuous power to all vendors for the entirety of
the Thunder events in case of power failure. Vendor shall be responsible for the placement and fuel for such
generators.
C) Meet with, and rent space to, oversee, monitor and supervise all third-party vendors:
D) Provide $1,000,000.00 in liability insurance, (or any other amount required) listing the "City" as second
and/or additional insured on the policy.
E) If the "City" decides a beer garden is an option during this event, the parties will negotiate an addendum to
this contract explaining the specific details and requirements of that portion of concession services.
F) To make certain the Vendor is in compliance with the event, the Vendor agrees to meet with any authorized
staff that is involved with the event to assist the Vendor with compliance regarding local and state regulations
and/or ordinances
G) The "City" will require the Vendor to keep record of all third party vendors, their names, address,
identification or driver's license numbers, and to provide said information to the "City" upon verbal or written
request
H) All persons engaged in handling or coming in contact with food intended for sales for human consumption
shall keep themselves clean, both as to the person and clothing. No person who is afflicted with or a carrier of
infectious or contagious diseases shall handle or be engaged in the care or preparation of any such food: and
the Vendor may not permit any such person to be employed in or about premises where food is stored,
handled, cooked, prepared or deliver any such food. All areas where food is stored, handled, cooked
processed, or otherwise located shall be kept clean and sanitary. Any and all contracts between the Vendor
and any third party vendors shall be prohibit the employment of such person(s)
I) The Vendor and all third party vendors or subcontractors of the Vendor shall abide all federal, state, county,
city and all other applicable health and safety regulations, including acquiring and maintaining proper permits
as may be required by the Health Department, if any
J) No walking vendors are allowed during Thunder
K) The Vendor shall pay all amounts required herein:
L) The Vendor and all third party vendors or subcontractors of the Vendor shall maintain and all permits as are
required by any governing agency.
All Vendor spaces are 20 X 10 ft. wide and 10 ft. apart, per fire code. Concession trailers should not protrude
into any street more than 10 ft.
Section 5. Vendor payment for Vendor Rights. The Vendor shall pay the "City" got exclusive food and
beverage vendor rights in the amount of 20% of gross revenue, and pay for generators (approx.. $8,000 for
required power). If Vendor fails to make payment, in a timely manner, the "City" has the right to seek any and
all legal remedies available at law or equity, including specific performance and/or cancellation of the
contract.
See addendum
Section 6. "City" obligations. The "City" hereby agrees to supply vendor with the following services in
exchange for payment as described herein:
Concession locations (excludes private property)
Northwest corner of Pearl and Riverside Drive
Riverside Drive (in front of Cluckers Parking)
Underneath Lincoln and Kennedy Bridges
Southern Indiana Avenue-Riverpoint Plaza-to be coordinated with Fire Department (a total of 30 stands and
maximum allowed in this contract)
Advertising such as mentioning Sivori Catering, as the "City" food and beverage exclusive providers during our
pre-Thunder meeting with vendors, Thunder coordinator, fire marshal, health department, code enforcement,
etc. The purpose of this meeting is to answer any last minute concerns, issues or questions before the event
takes place. This meeting is held at the overlook or Cluckers on Riverside Drive and Spring Street.
Access to fire hydrants needed to operate the event and concessionaries.
A post Thunder meeting within 2 weeks to discuss topics, issues, or concerns and improvements regarding the
event's overall success.
Section 7. Governing Law. This contract shall be governed by the laws of the County of Clark in the state of
Indiana, and any applicable United States Code or Administrative Orders.
Section 8. No Refunds are given unless the event is cancelled by Kentucky Derby Festival two weeks prior to
the event.
Section 9. Arbitration clause. All disputes, controversies, or claims arising out of or relating to this contract
shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration
Association then in effect.
Section 10. Indemnity clause. The Vendor shall indemnity and hold the "City" harmless from costs, expense or
liability arising out of or relating to any acts or decisions made by the Vendor to the extent permitted and
required by law in the course of performance of this contract or acting under color of this contract to the same
extent the "City" indemnifies and holds harmless other officers and directors of the Vendor in accordance with
the "City's" established policies. The vendor agrees to continuously maintain liability insurance with
reasonable limits of coverage to include the "City" as second insured on the policy within said coverage while
the Vendor is under contract as an exclusive Thunder food and beverage vendor with the "City"
Section 11. Termination. Should the Vendor default in the performance of this Agreement or materially breach
any of its provisions, the "City" shall have the option of terminating the Agreement by giving written
notification to the Vendor at the address shown herein. This agreement may also be terminated by the "City"
at its option and without prejudice to any other remedy which it may be entitled either at law, in equity, or
under the terms of this Agreement in the event of any of the following:
IF VENDOR:
A) requests relief from any obligation under this agreement
B) makes a request to discharge a debt to the City in Bankruptcy
C) Is adjudged to bankruptcy
D) becomes insolvent or has a receiver of his/her its assets or property appointed because of insolvency
E) makes a general assignment for the benefit of creditors
F) suffers any judgement or against him/her/its to remain unsatisfied or unbounded of record for 30 days
G) institutes or suffer to be instituted any procedures for reorganization or rearrangement of his/her/its
Affairs: or
H) fails to secure and/or maintain permits or licenses necessary to carry out said terms of this agreement.
SIGNATURES:
Jeffersonvi le P rk Authority President vS✓b '
Date: 3 5 t Lc_ IJ ,�
Larry Sivor, Sivori Catering, Inc. r ..../_-...Date: -.? C//r