HomeMy WebLinkAboutVeterans of Forerign Wars of the United States, Post 5402 - Alcoholic Deverage Vendor Agreement (4th of July) 2025 04 22ALCOHOLIC BEVERAGE VENDOR AGREEMENT
THIS ALCOHOLIC BEVERAGE YENDOrR AGREEMENT ("Agreement") is made
� and entered into as of the - k day of p 0-1 I . 2025 by and between the CITY
OF WINTER SPRINGS, aFlorida Municipal Corporation ("City"), and WINTER SPRINGS
POST NO.5405 VETERANS OF FOREIGN WARS OF THE UNITED STATES, INC., a
Florida Not For Profit Corporation ("VFW").
WITNESSETH:
WHEREAS, City of Winter Springs conducts a 4"of July special event each year at Central
Winds Park for the benefit of the public to celebrate Independence Day; and
WHEREAS, VFW desires to contract with the City to be the exclusive alcoholic beer beverage
vendor during the 4`E' of July special event, consistent with the terms and conditions of this Agreement;
and
WHEREAS, VFW desires to contract with the City to be a non-exclusive alcoholic wine
beverage vendor during the 4"' of July special event, consistent with the terms and conditions of this
Agreement; and
WHEREAS, VFW has advised City staff that VFW has as agreement with a local beer
distributor to acquire the amount of alcoholic beer necessary for the 4"' of July event and its anticipated
attendants; and
WHEREAS, VFW represents and warrants to City that it has the personnel, tools, materials,
and experience to provide the services as provided herein.
NOW THEREFORE, in consideration of the provisions contained in this Agreement, and
other good and valuable consideration in which the parties acknowledge, the patties agree as follows:
1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference
are fully incorporated into this Agreement.
2.0 Engagement. The City hereby engages VFW, and VFW hereby agrees, to staff, operate and
maintain the exclusive alcoholic beer beverage booth and trailer during the City's 0' of July
Special Event ("Event") in exchange for the compensation arrangement and pursuant to the terms
and conditions set forth in this Agreement. VFW may also offer wine for sale from the booth or
trailer during the Event; however, VFW shall not enjoy exclusivity in relation to wine sales during
the Event. No prior or present agreements or representations shall be binding upon the parties
hereto unless expressly incorporated into this Agreement. The parties agree that the Event will be
held on July 4, 2025, or, if the Event is postponed, as soon thereafter as may be determined by the
Page 1 of 11
Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4, 2025, Event
City, at its sole discretion. If the Event is postponed and not rescheduled, no compensation shall be
due to either party.
3.0 Alcoholic Beverage Service. The City shall not provide the alcohol inventory to VFW. As
the exclusive provider of beer during the Event, VFW shall be responsible, at their sole cost and
expense, for ensuring that an adequate supply of alcohol/beer is provided for the Event, which has
an anticipated crowd of approximately fifteen thousand (15,000) people. Alcoholic beverages
served during the Event shall be strictly limited to beer and wine only. VFW may serve alcoholic
beverages from one (1) alcoholic beverage booth ("booth") and one (1) alcoholic beverage trailer
("trailer") as provided for herein. VFW shall be responsible for the management and staffing of
both the alcoholic beverage booth and trailer during set up, operation, and clean-up of the Event;
collection of cash and other forms of revenue; and set up, break down and clean-up of the booth
and trailer. VFW shall be solely responsible for remittance of any state sales tax, if applicable,
resulting from the sale of alcoholic beverages. Alcohol consumption in the booth and trailer shall
be strictly prohibited. It shall be the sole responsibility of VFW to ensure that patrons of the
alcoholic beverage booth and trailer are at least 21 years of age and that any individual appearing
35 years of age or younger be required to produce valid state -issued identification as proof of age
prior to being served alcoholic beverages. VFW shall ensure that booth and trailer patrons are not
over -served, and that set -vice is refused where, in the reasonable judgement of VFW, any individual
appears intoxicated. The City reserves the right, in its sole discretion, to discontinue the operation
of the alcoholic beverage booth or trailer at any time during the Event, if patrons are being served
illegally or being over -served. The responsibilities set forth in this section shall not represent an
exhaustive list of VFW's responsibilities under the terms of this Agreement and VFW shall
undertake any reasonable action in furtherance of the efficient and safe operation of the alcoholic
beverage booth and trailer not inconsistent with any provision of this Agreement.
4.0 Liquor License or Permit; Insurance. VFW shall be solely responsible for obtaining the
requisite liquor license or permit and liquor liability insurance for the Event. Said insurance shall name
the City as an additional insured. The City agrees to use its best and reasonable efforts to support any
liquor license or permit and liquor liability insurance application submitted in furtherance of this
Agreement. The cost of the liquor license or permit and liquor liability insurance will be paid for by
VFW at its sole expense and shall not be reimbursable by the City for any reason, including but not
limited to cancellation of the Event by either party hereto. VFW shall provide the City with a copy of
its liquor license or permit and liability insurance policy prior to the commencement of the Event, but
in no case less than ten (10) days prior to the Event.
5.0 Booth and Trailer. The City shall provide VFW a 10' by 10' booth and 1,000 watts of
electricity servicing the booth. The location of both the alcoholic beverage booth and the alcoholic
beverage trailer shall be at the sole discretion of the City. The City shall provide to the VFW a
canopy tent for its designated space, as well as tables and chairs, in an amount determined by the
City to be appropriate for the space and the Event. Other supplies or equipment necessary for
booth operation, including refrigeration and water source, shall be provided by VFW. VFW is
authorized to utilize and park, in a location determined at the discretion ofthe City, one refrigerated
beer -dispensing trailer ("trailer-") during the Event. VFW shall be solely responsible for the use of
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Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4, 2025 Event
and liabilities relating to the trailer. The City shall not be responsible for the operation of the booth
or trailer, or for providing any equipment or supplies for the booth not described herein.
6.0 Compensation. In consideration for the right to be the exclusive alcoholic beer beverage vendor
at the Event, VFW shall pay the City a sum of Two Thousand Five Hundred and One and 00/100
Dollars ($2,501.00). Full payment shall be due to the City no later than seven (7) calendar days after
the Event. There shall be no further compensation due to the City or VFW under this Agreement.
7.0 Effective Date; Termination. This Agreement shall become effective upon full execution
by both parties hereto and shall, unless sooner terminated pursuant to subsections 7.1 or 7.2, terminate
upon full completion of the parties' respective obligations set forth in this Agreement.
7.1 Termination by City. The City, at its sole discretion, may terminate this Agreement
at any time for convenience and without penalty. In the event the City terminates this
Agreement pursuant to this subsection prior- to the Event and VFW has already submitted
payment to the City, the City shall reimburse VFW for the full amount of such payment within
ten (10) business days of said termination.
7.2 Termination by VFW. The VFW may terminate this Agreement for cause at any time.
Should VFW terminate this Agreement less than seven (7) calendar days prior to the Event,
however, VFW agrees that any compensation due to the City pursuant to Section 6.0 herein
shall still be due and payable to the City, in accordance with the terms of this Agreement.
8.0 Contractors. VFW may employ as many contractors or assistants as it deems appropriate and
necessary to perform its respective services required hereunder. However, VFW shall be solely
responsible for the payment of their respective contractors or assistants, including, but not limited to,
responsibility for their- acts and omissions, wages, fees, applicable income taxes, applicable worker's
compensation insurance, and expenses.
9.0 Due Diligence. VFW acknowledges that it has investigated prior to the execution of this
Agreement and satisfied itself as to the conditions affecting the services, the availability of
materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, and
the steps necessary to complete the services within the time set forth herein. VFW warrants unto
the City that it has the competence and abilities to carefully, professionally, and faithfully complete
the services in the manner and within the time limits set forth herein. VFW will perform the
services with due and reasonable diligence consistent with sound professional and labor practices.
10.0 Miscellaneous:
10.1 Time is of the Essence. Time is of the essence of this Agreement.
10.2 No Assignment., This Agreement shall not be assigned or transferred.
Page 3 of 11
Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4, 2025, Event
Agreement is not a third party beneficiary contract and shall not
10.3 Third Party Rights. This Ag rights on behalf of any third parties.
in any respect whatsoever create any g
From and after the execution of this Agreement, each of the parties
10.4 Further Assurances. *h each othr and perform any further act(s) and execute and
hereto shall fully then do crate sttwhich mayebe necessary or desirable in order to carry out the
deliver any Agreement. purposes and intentions of this D' Agresta
that Garganese, Weiss,
T Pual Rearesent to ion• The parties acknowledgeto connection
10.5 have acted as counsel forth
e City given legal
& Salzman, P.A., and the attorneys therein, contemplated herein, and have not g g
with this Agreement and the transactions
advice to any party hereto other than City•
provision of this Agreement is held to be invalid, void, or
10.6 Sever_ a�� If any p rovisions causes this
unenforceable, the remaining provisions shall nevertheless remain in full force and effect,
unless the absence of the invalid,void or purposes.unenforceable provision or p
Agreement to fail in its es
Law and Venue. This Agreement shall be construed and enforced in
10.7 G overnin
with the laws of the ispute
State of Florida. The pa
salglt bethntthe trialin anydcourts
accordanceAgreement exclusive jurisdiction
between them relating to this
in Seminole County, for state action and Orlando, Florida for any federa
located Floridaaor venue . a such courts being expressly waived.
action, any objections as to jurisdiction
on
Attorneg's Fees. In the event any litigation or co ttics agree to bear their own costs roversy arises out of or in and
with ._.—reem parties hereto, the p
with this Agreement between the
attorney's fees.
either party to exercise any right, or enforce any
10.9 Non________al_Ve1 No delay or failure by partial or single exercise of that right, or failure to
provision, under this Ag
reement, and no p rovision and same
enforce and provision, shall constitute a waiver of
expressly that or ny other
herein. or p
shall continue in full force, unless othelwise exp' y provided iven as part of this
request, instruction, or other document to be g
10.10 Notes S• Any notice, regrind shall be deemed given under tite following circumstances:
business days after being deposited in the United
Agreement shall be in writing ' after being
when delivered in person; or three (3)
States Mail, postage )repa
id, certified or registered; or the next business day
ed
with a recognized overnight mail or courier delivery service;
'or on transmission;hen t and
depositedwith receipt acknowledgedP
by facsimile or telecopy transmission,
t son or asuch other address, of which any pa
rty
addressed as follows (or to such other personor he
hereto shall have given written notice as provided
Page 4 of 1 1
Alcoholic Beverage Vendor Agreement
cityof Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4, 2025 Event
To City: City of Winter Springs
Attn: City Manager
1126 E. State Road 434
Winter Springs, FL 32708
To VFW: WINTER SPRINGS RS OFOST NO. 5405 VETERATHE UNITED STATES N OF
FOREIGN W
Attn: Adam Zavardino, Post Quartermaster
420 North Edgemon Ave.
Winter Springs, Florida 32708
er of
erparts, each
10.11 Count_ eta S This Agreement may be e l be a n o ig nal; butin asuch count t part shall
rontdelivered
together constitute but one and he same instrument.
applicable public
10.12 Public Record. pursuanttno records, documents, ents transactions,utes dw► writings, papeChapter rs, letters,
records laws, VFW agrees that y films
computerized information and programs, maps, books, audio or video tapes,
processing software, writings or other tnaterial(s), regardless re the
photographs, data p'of VFW
physical form, characteristics, or means of transmission, is Agreement and made or dreceived pursuant to
irectly or i
p provided to the City under t
to the services p
law or ordinance or in connection with the
then possession of tcontrol of the Cityhor the City,
VFW.
be deemed to be a public record, whether p letters, computerized information and
Said records, documents, transactions, writings, papers, hto ra hs, data processing software,
programs, maps, books, audio or video tapes e physi al form, characteristics, or means of
writings or other material(s), regardless of the hy
transmission of VFW are subject to the provisions 1Oval lofphe City's designated custodian of
ter 119, Florida Statutes, and may
not be destroyed without the specific written pp
publicrecords.
IF STATUTES,
THE VFW HAS QUESTIONS REGARDINGOTHHE VFW S DUTY
OF CHAPTER 119, FLORIDA 'r
RDS RE
TO PROVIDE PUBLIC RECORELATING
OF PUBLIC
AGREEMENT, CONTACT THE CUSTODIAN407 327_59559
RECORDS, THE CITY CLERK, AT ( )
«7TT.Tlr> Q cpRINGSFL ORG, 1126 EAST
DA 32708.
STATE ROAD 434, FLORI
omply with public records laws. VFW shall keep and
VFW is required to and agrees to c
records required by the City to perform the services as agreed to herein.
maintain all public
VFW shall provide the City, upon requst from the City Clerk, copies of the requested records
e
or allow the records to be inspected or copied reasonable
time
that at a cost that does not
exceed the cost provided by law. VFW shall ensure that
public Page 5 of 11
Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post y 4 2025 Event f Foreign Wars of the United States, Inc.
are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the Agreement term. Upon
completion of the Agreement, VFW shall transfer to the City, at no cost, all public records in
possession of the VFW, provided the transfer is requested in writing by the City Clerk. Upon
such transfer, VFW shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. However, if the City Cleric does not
request that the public records be transferred, the VFW shall continue to keep and maintain
the public records upon completion of the Agreement and shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided
to the City, upon request from the City Clerk, in a format that is compatible with the
information technology systems of the City. Should the City not possess public records
relating to this Agreement which are requested to be inspected or copied by the City or any
other person, the City shall immediately notify VFW of the request and the VFW shall then
provide such records to the City or allow the records to be inspected or copied within a
reasonable time. If the VFW does not comply with a public records request, the City may
enforce this Section to the extent permitted by law. VFW acknowledges that if the VFW does
not provide the public records to the City within a reasonable time, the VFW may be subject
to penalties under Section 119.10, Florida Statutes. The VFW acknowledges that if a civil
action is filed against the VFW to compel production of public records relating to this
Agreement, the court may assess and award against VFW the reasonable costs of enforcement,
including reasonable attorney fees. All public records in connection with this Agreement shall,
at any and all reasonable times during the normal business hours of the VFW, be open and
freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by
VFW to grant such public access and comply with public records laws and/or requests shall
be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery
of a written notice of cancellation. If the VFW fails to comply with this Section, and the City
must enforce this Section, or the City suffers a third party award of attorney's fees and/or
damages for violating Chapter 119, Florida Statutes, due to VFW's failure to comply with
this Section, the City shall collect from VFW prevailing party attorney's fees and costs, and
any damages incurred by the City, for enforcing this Section against VFW. And, if applicable,
the City shall also be entitled to reimbursement of all attorneys' fees and damages which the
City had to pay a third party because of the VFW's failure to comply with this Section. The
terms and conditions set forth in this Section shall survive the termination of this Agreement.
10.13 Interpretation. The parties have participated in the drafting of all parts of this
Agreement and have each had an opportunity to review this Agreement with legal counsel.
As a result, it is the intent of the parties that no portion of this Agreement shall be
interpreted more harshly against either of the parties as thedr•after.
10.14 Independent Contractor. VFW shall be considered an independent contractor under
this Agreement and under no circumstances shall it be considered as agent or employee of the
City.
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Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4, 2025 Event
10.15 Entire Agreement. This Agreement represents the sole, entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
10.16 Sovereign Immunity. The City intends to avail itself of the benefits of Section
768.28, Florida Statutes and any other statutes and common law governing sovereign
immunity to the fullest extent possible. Neither this provision nor any other provision of
this Agreement shall be construed as a waiver of the City's right to sovereign immunity
under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. Contractor agrees that City shall not be liable under
this Agreement for punitive damages or interest for the period before judgment. Further,
City shall not be liable for any claim or judgment, or portion thereof, to any one person for
over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds three
hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure
to the benefit of any third party for the purpose of allowing any claim which would
otherwise be barred under the doctrine of sovereign immunity or by operation of law. This
paragraph shall survive termination of this Agreement.
10.17 Indemnification and Hold Harmless. For all services performed pursuant to this
Agreement, VFW agrees to the fullest extent permitted by law, to protect, indemnify, save and
hold harmless the City and its employees, elected and appointed officials, officers, and
attorneys from and against all claims, demands, suits and actions for costs, losses, damages,
personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees through any and all administrative, trial, post judgment and appellate
proceedings), to prope 1 iy of the City or others of whatsoever nature and for any and all injury
to person (including death) directly or indirectly arising from the negligent acts, errors,
omissions, intentional or otherwise, arising out of or resulting from their respective:
(i) performance of services pursuant to this Agreement; (ii) failure to properly train employees
or members under their control or direction; or (iii) failure to remit any local, state, and federal
taxes due by them as a result of the Event.
The indemnification provided above shall obligate the indemnifying party to defend at its
own expense or to provide for such defense, at the sole option of the City, as the case may
be, of any and all claims of liability and all suits and actions of every name and description
that may be brought against the City or its employees, elected or appointed officials,
officers, and attorneys which may result from the services under this Agreement whether
the services be performed by the indemnifying party or anyone directly or indirectly
employed or hired by them. In all events the City shall be permitted to choose legal counsel
of its sole choice, the fees for which shall be subject to and included with this
indemnification provided herein, as long as said fees are reasonable. This Section shall
survive termination of this Agreement.
Page 7 of I I
Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4, 2025 Event
10.18 Supplemental Addendum to Agreement Relating to Infectious Communicable
Diseases. In addition to the Indemnity and Hold Harmless provisions as set forth in Section 1
0.1 7, VFW further agrees, to the fullest extent permitted by law, to all provisions of the
Waiver of Liability and Hold Harmless Agreement (Infectious Communicable Diseases
Including Covid-19) ("Infectious Communicable Disease Waiver") attached hereto as a
Supplemental Addendum to the Agreement and which is fully incorporated herein by this
reference. VFW shall execute the Infectious Communicable Disease Waiver along with this
Agreement.
10.19 Standard of Care. In performing its services hereunder, VFW shall use that degree of care
and skill ordinarily exercised under similar circumstances by reputable members of its profession
practicing in the same or similar locality.
10.20 Contractor's Signatory. The undersigned person executing this Agreement on behalf of
each party hereby represents and warrants that he/she has the full authority to sign said
agreement and to fully bind their principal to the terms and conditions set forth in this
Agreement.
11.0 Suspension or Cancellation of Event. The City shall have the right to temporarily suspend
or cancel the Event at any time in the event of an adverse weather condition , emergency, or in the
event of any other occurrence requiring the temporary suspension or cancellation of the Event in
fultherance of the health, safety and welfare of the City, pursuant to its inherent police powers under
Chapter 166, Florida Statutes. Any such suspension or cancellation shall be at the City's sole discretion
and shall be without penalty to the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
ATTESTED BY:
Christian Gowen, City Clerk
CITY
CITY OF WINTER SPRINGS, FLORIDA
a Florida Mu icipal Corporation
By:
Kevin S eet, City Manager
Page 8 of 11
Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
Julv 4. 2025 Event
WINTER SPRINGS POST NO. 5405
VETERANS OF FOREIGN WARS
OF THE UNITED STATES, INC.
By: , '1
Name: A , 9 G ,,, ,J,
Title: C �eo
STATE OF FLORIDA
COUNTY OF SEMINOLE ,
The foregoing instrument was acknowledged before me by means of _ physical presence or _
online notarization, this `ZZ day of i2$ L- , 2025 by hkpi ZAV ! j , as
of WINTER SPRINGS POST NO. 5405 VETERANS OF FOREIGN
WARS OF THE UNITED STATES, INC. a Florida non-profit Corporation who is personally known to
me or _ who has produced a
Page 9 of I I
as identification.
9
NOTARY PU LIC State of Florida
My Commission Expires: l ��
e" uaYTRAVIS
=�: •• MYCOMMISSIONgHH418510
p? EXPIRES: August 22, 2027
Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4, 2025 Event
SUPPLEMENTAL ADDENDUM TO
AGREEMENT WAIVER OF LIABILITY AND
HOLD HARMLESS AGREEMENT
INFECTIOUS COMMUNICABLE DISEASES INCLUDING COVID-19
As a condition of the use of any CITY OF WINTER SPRINGS ("CITY") Facilities and/or Property
(collectively referred to as the "Facilities") and in consideration of being allowed to use the Facilities and
participate in programs, events and activities conducted by the VFW (collectively referred to as "Activities")
thereon of any kind whatsoever, I, as the vendor ("Vendor"), on behalf of the VFW, and any officers, employees,
agents, contractors, and guests under their supervision and control or for whom Vendor has the capacity to
contract, hereby acknowledge and agree to the following:
I. The Vendor understands that use of the Facilities includes possible exposure to illness from infectious
communicable diseases including, but not limited to MRSA, influenza, and the novel coronavirus ("COVID-19" ).
Vendor understands the hazards of infectious communicable diseases such as COVID-19 and is familiar with the
Centers for Disease Control and Prevention ("CDC") guidelines regarding COVID-19. Vendor acknowledges and
understands in particular that the circumstances regarding COVID-19 are changing from day to day and that,
accordingly, the CDC guidelines arc regularly modified and updated, and Vendor accepts full responsibility for
familiarizing itself with the most recent updates about COVID-19 and any other infectious communicable disease.
Vendor further recognizes and assumes the risk that while the City has implemented sanitation procedures for
its Facilities, infectious communicable diseases and COVID-19 in particular may remain on surfaces for days,
sanitation procedures do not guarantee in anyway such disease is not present, and other individuals present within
or upon the Facilities may be COVID+ or infected with some other infectious communicable disease and Vendor
accepts the inherent risks associated therewith by entering the Facilities or engaging in the Activities.
2. Notwithstanding the risks associated with infectious communicable diseases, including but not limited to
those specifically set forth herein, which Vendor readily acknowledges, it hereby willingly chose to be in or on
the Facilities and participate in Activities. Vendor shall also provide its officers, employees, agents, contractors,
volunteers and guests such health advisories it deems appropriate to maintain safety, in its sole responsibility
and discretion, regarding communicable diseases and COVID-19 related to participating in the Activities at the
Facilities, and Vendor shall further take such health and safety precautions that Vendor deems appropriate, in its
sole responsibility and discretion, to ensure the health and safety of itself, and its officers, employees, agents,
contractors, volunteers and guests who will be present at the Facilities and participate in Activities.
3. Vendor acknowledges and fully assumes the risk of illness or death related to all kinds of infectious
communicable diseases including, but not limited to, COVID-19 arising from Vendor conducting the Activities
at the Facilities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of
itself, and any officers, employees, agents, contractors, volunteers and guests under their supervision and control
or for whom Vendor has the capacity to contract to the extent legally possible, on behalf of any others with whom
Vendor may come into contact and allege that they became ill or contracted any infectious communicable disease
including, but not limited to, COVID-19 due to Vendor's and any of its officer's, employee's, agent's, contractor's,
volunteer's and guest's presence in or on the Facilities and/or patl icipation in the Activities), the CITY and the
City's elected officials, officers, attorneys, directors, employees, professional staff, agents, employees and
assigns (the "RELEASEES") from any liability related to any and all infectious communicable diseases including,
but not limited to COVID-19 which might occur as a result of Vendor conducting the Activities at the Facilities.
Page 10 of I I
Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4. 2025 Event
4. Vendor shall hold harmless the RELEASEES from and against any and all claims, demands, suits,
judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys' fees, costs and
disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or
otherwise), arising from or out of, or relating to, directly or indirectly, the infection of any and all communicable
diseases including, but not limited to, COVID-19 or any other illness, property damage, injury or death alleged to
have occurred on or in the Facilities or arising out of the Activities.
5. It is Vendor's express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and
representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO
SUE the above -named RELEASEES. This Agreement and the provisions contained herein shall be construed,
interpreted and controlled according to the laws of the State of Florida and Venue related to any legal action
related to the subject matter contained in this Agreement shall be Seminole County, Florida. VENDOR HEREBY
KNOWINGLY AND VOLUNTAR.IL Y WAIVES ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE
ARISING IN CONNECTION WITH THIS AGREEMENT. VENDOR ACKNOWLEDGES THAT THIS
WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE
AUTHORIZATION GRANTED BY CITY TO BE ON OR IN THE FACILITIES AND PARTICIPATE IN THE
ACTIVITIES.
IN SIGNING THIS AGREEMENT, VENDOR ACKNOWLEDGES AND REPRESENTS THAT Vendor has
read the foregoing Waiver of Liability and Hold Harmless Agreement, understands it and signed it voluntarily
as Vendor's own free act and deed; no oral representations, statements, or inducements, apart from the foregoing
written agreement, have been made; the undersigned is at least eighteen (18) years of age and fully competent
and authorized to contractually bind the Vendor; and the undersigned executes this Agreement for full, adequate
and complete consideration fully intending to bind the Vendor to the terms and conditions of this Agreement.
Vendor further represents this waiver and hold harmless is not in lieu of. but rather in addition to, any other
waiver, hold harmless, release or indemnification set forth in the Alcoholic Beverage Vendor Agreement and the
CITY's adopted Rules, Policies & Rates for Usage for All CITY Facilities. This Agreement is hereby incorporated
into and made a part of the Alcoholic Beverage Vendor Agreement if executed in conjunction herewith.
IN WITNESS WHEREOF, I have signed this Waiver and Agreement on this j,?- day of
�
2025
NAME OF APPLICANT ORGANIZATION: 4Lm UCH rd ;yj�
SIGNATURE: L
NAME/TITLE: C F O
Page 11 of I 1
Alcoholic Beverage Vendor Agreement
City of Winter Springs/ Winter Springs Post 5405 Veterans of Foreign Wars of the United States, Inc.
July 4, 2025 Event