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Home My WebLink AboutRIVERSTAGE ALCOHOLIC BEVERAGE CONCESSION AGREEMENT RIVERSTAGE ALCOHOLIC BEVERAGE CONCESSION AGREEMENT This Riverstage Alcoholic Beverage Concession Agreement ("the Concession Agreement") dated as of 2 day of feeRaAff , 2019, is by and between the Parks Authority of Jeffersonville, Indiana, hereinafter referred to as the "Authority", and Cluckers ("Cluckers") hereinafter referred to as the "Concessionaire." In consideration of the mutual promises set forth below, the parties hereby agree as follows: ARTICLE 1. CONCESSION OPERATING RIGHTS Authority hereby grants to the Concessionaire the right to have a beer, wine and spirt beverage concession (the "Concession") during the 2019-2021 city organized events held at the Riverstage in the area marked as "Alcohol Consumption Area" on Exhibit A attached hereto.The Concession granted hereby is subject to the terms and conditions of this Concession Agreement. ARTICLE 2. CONCESSION FEE Concessionaire shall pay to Authority a Concession fee of Concessionaires' "gross revenues" received by Concessionaire of twenty (20%). Concessionaire shall pay the Concession Fee due no later than seven (7) days after each event designated in Article I of this Agreement. Such payment shall be made to the Department of Finance, City of Jeffersonville, 500 Quartermaster Court,Jeffersonville, IN 47130. ARTICLE 3. RESPONSIBILITIES OF PARTIES CONCERNING THE CONCESSION Concessionaire shall be responsible for providing: a) All equipment necessary for the operation of the Concession, including but not limited to all bar service equipment necessary to provide efficient service for its patrons, including plastic or paper products; b) All bar service logistics, including storage, ice, coolers and tents; c) Sufficient TIPS trained and certified personnel to provide appropriate service to the public; d) A security plan for operation of the Concession, including age and identification checks of Patrons, wristbands to identify those patrons who have passed the identification check, coverage Of the entrances and exits to and from the Alcohol Consumption Area crowd surveillance; and e) Keeping the Alcohol Consumption Area clean and clear of trash during the Concession period. Concessionaire shall be responsible for providing the aforementioned when operating at an event including providing appropriate staffing necessary to comply with the Indiana Alcoholic Beverage Commission regulations. 1 Authority shall be responsible for providing: a) Access to and use of the Alcohol Consumption Area; b) Fencing or other appropriate barriers around the outside of the Alcohol Consumption Area; c) Admittance or entry credentials for Concessionaires' staff so that the staff can operate the Concession; and d) Trash receptacles for Concessionaire's use. ARTICLE 4. INSURANCE AND INDEMNIFICATION A. Concessionaire (including, by definition here and herein below, the Concessionaire's employees, officers, agents, representative, contractors and invitees) shall release, discharge, indemnify and hold harmless Authority and its officials, employees, agents and representative from and against liability for any claim, demand, loss, damages, penalty,judgment, expenses, costs (including costs of investigation and defense), fees, (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury, or property damage arising out of or in connection with any act, error or omission by the Concessionaire or for any resulting liability alleged to accrue against Authority on account of the Concessionaire's acts, errors or omissions; provided, however,that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence or intentional acts of Authority or its employees. B. Concessionaire further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related to its acts, errors and omissions hereunder at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. C. Concessionaire shall secure and maintain for the term of its contractual relationship with Authority such insurance policies from companies licensed in the State of Indiana, as will protect itself,Authority (with Authority named as additional insured to the extent permitted by law), and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Concessionaire's intentional or negligent acts, errors or omissions. The following insurance coverage, at or above the limits indicated shall be maintained by Concessionaire: 1. Statutory Worker's Compensation— Indiana Statutory Minimums 2. Commercial General Liability— Policy Limits: Bodily Injury/Property Damage Combined Single Limit Of$1,000,000.00; Deductible: No greater than $1,000.00 2 D. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to Authority shall be filed with Authority (through the Parks Superintendent) no later than thirty days prior to the first day of the Concession. Failure to file or maintain acceptable Certificates of Insurance with Authority is agreed to be a material breach of any contract and grounds for termination of the Concession. E. In addition, these Certificates of Insurance shall contain the following clauses: 1. The clause "other insurance provisions" in a policy in which the Authority is named as an insured, shall not apply to the Authority or the City of Jeffersonville. 2. The insurance companies issuing the policy or policies shall have no recourse against the Authority for payment of any premiums or for assessments under any form of policy. 3. Any and all deductibles in the above described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Concessionaires. 4. Location of operations shall be: "all operations and locations on the Riverstage,Terrace Lawn and Overlook. ARTICLE 5. LIQUOR LICENSE Concessionaire shall be responsible for obtaining the liquor license and any other permits necessary for the operation of the Concession.The failure to obtain the necessary liquor license as provided in the Article shall be grounds for termination of the Concession. Concessionaire shall operate the Concession in compliance with all federal, state and local laws including, without limitation,those regarding the sale of alcoholic beverages. ARTICLE 6. TAXES Concessionaire shall be responsible for collection and paying all sales taxes when such taxes are due and payable. ARTICLE 7. NON-DISCRIMINATION Concessionaire agrees that it will not discriminate against any person on the grounds of race, color, religion, sex, sexual orientation, national origin or disability in the operation of the Concession. ARTICLE 8. NOTICES Any notice given pursuant to this Concession Agreement other than which is specifically permitted to be given in some other fashion shall be in writing and shall be delivered by hand, by overnight courier or by registered or certified mail, postage prepaid, return receipt requested and addressed as follows: 3 If to Authority: Jeffersonville Parks Authority 500 Quartermaster Court Jeffersonville, IN 47130 Telephone Number: (812) 285-6400 With a copy to: City Attorney 500 Quartermaster Court Jeffersonville, IN 47130 Telephone Number: (812) 285-6423 If to Concessionaire: Cluckers 100 West Riverside Drive Jeffersonville, IN 47130 Telephone Number (812) 590-3662 Notice shall be deemed given when delivered if hand-delivered by courier or two days after the date indicated on the postmark if sent by U.S. Mail. Either party may change its address to which notices shall be delivered or mailed by giving notice of such change as provided above. ARTICLE 9. RELATIONSHIP OF PARTIES It is understood that the Authority is not in any way or for any purposes partner or joint venture with, or agent of, Concessionaire in the Concessionaire's operation of the Concession. ARTICLE 10. ASSIGNMENT Concessionaire shall not assign its interest herein without the written consent of the Authority which consent may be withheld in Authority's sole discretion. ARTICLE 11. SURRENDER UPON TERMINATION Upon the expiration or earlier termination of this Concession Agreement, for any reason whatsoever, Concessionaire shall peaceably surrender to Authority possession of the Alcohol Consumption Area. ARTICLE 12. ENTIRE AGREEMENT This writing,together with all of the attached Exhibits, constitutes the entire agreement of the parties.This Concession Agreement supersedes all prior concession agreements, if any, between the 4 parties, and no representation, warranties, inducements, or oral agreements that may have been previously made between the parties shall continue in effect unless stated herein.This Concession Agreement shall not be modified except in writing, signed by Authority and Concessionaires. ARTICLE 13. TERM/RENEWAL The initial term ("initial term") of this Concession Agreement shall be for the city organized events at the RiverStage commencing on the date this Concession Agreement is executed. At the expiration of the initial term, this Concession Agreement will automatically renew for the 2021 city organized events at the RiverStage unless a party provides the other with notice of its intent not to renew this Concession Agreement no later than March 1, 2019. Either of us shall have the right, forthwith and without further notice, to terminate this Agreement by written notice to the other, upon the occurrence of any of the following events: a) A breach or default of a provision of this Agreement which is not cured within the period set forth in Paragraph eight (8) of this Agreement; b) A Force Majeure Event that continues for a period of thirty (30) days; or c) The death or incapacity of either of us during this term. In the event of a termination, any moneys due on the date of termination shall be immediately due and payable. PARKS AUTHORITY '114111111111111161, JEFFERSONVILLE, INDIANA 11,01, 0. II_%Ile", Ate _ (2—A Leslie D. Merkley Bill Burns, President City Attorney CONCESSION ES r,� By: /`� \ 2/7 34 Title: 4r�iy<e 5