Not For Profit Food Vendor Application & Contract

2022 CHASCO FIESTA™, INC.
Not For Profit Food Vendor Application & Contract
Friday, March 25 – Sunday, April 3, 2022

hereinafter known as the \”Vendor\”.

WHEREAS, the Chasco Fiesta Inc. and the Vendor desire to cooperate in order to produce and promote an event known as the Chasco Fiesta.

NOW THEREFORE, in consideration of the promises herein contained, the parties hereby agree as follow:

as the Chasco Fiesta Inc.\’s vendor and the Vendor accepts such appointment and agrees to perform the duties and responsibilities provided for herein as a FOOD VENDOR

Execution of this contract obligates the vendor to be actively selling its authorized product(s) for the entire term of the event during normal hours of operation.

Location of Activity: Sims Park, New Port Richey, Florida

In performing its obligations Vendor shall have the powers and authority reasonably necessary in order to carry out said responsibilities. In no event, however, shall the Vendor be deemed a partner or joint venture as a result of this Agreement. Vendor agrees to hold harmless Chasco FiestaTM Inc. against any and all claims, debts, and liabilities arising as a result of the activities of the Vendor.

The Vendor shall use its best efforts to promote and produce the event including such services as marketing, sales and labor as agreed to by the parties. It is the responsibility of the Vendor to be open and serving the public during all scheduled activities as defined above in Paragraph 2. Failure to perform satisfactorily could result in Vendors dismissed for future events. The Vendor agrees to attend (or send a representative) to a minimum of one (1) mandatory Food Vendor Meeting prior to the Chasco Fiesta annual event (Date, time, and location of meeting TBD).

It is understood and agreed upon that:

a) Upon signing of this agreement, the Vendor shall pay Chasco Fiesta™ Inc. a non-refundable
fee of $350.00. In addition to the non-refundable fee, proceeds in the amount of fifteen percent
(15%) of net revenue shall be paid to Chasco Fiesta™ Inc., up to a maximum contribution of
$1,000. The non-refundable fee will not be used by the Vendor in calculating the 15% fee.
The non-refundable fee will be the minimum due. Capital improvements are not valid expenses
and should not be included when calculating net proceeds.

b) If tent is required, Vendor will reimburse Chasco for the rental of the tent on a separate invoice.

c) The vendor shall be responsible for maintaining the vendor’s space and surrounding area in a
clean and orderly fashion. If a vendor fails to maintain their area, the Chairman of Chasco
and/or his designee will issue a warning to the offending vendor, thereby allowing the vendor
twenty-four (24) hours to rectify the situation.

d) If the vendor fails to comply with the maintenance request, the Chairman of Chasco and/or his
designee will immediately advise the vendor of the assessment of a maintenance fee in the
amount of $25.00 per day until the offense is rectified. This fee shall be payable immediately
upon the close of the event. Failure to maintain the area and immediately pay the fee, if
assessed, will result in the vendor not being invited to participate in future Chasco Fiesta™ Inc.
events.

The vendor must report daily gross revenue to the Chasco Fiesta Executive Director. The vendor
must submit the Non-Profit Food Vendor Report, and cash due by April 3, 2022. A profit & loss
statement must also be included with the report. Upon review of the report, Chasco Fiesta™ Inc.
may ask for financial documentation. Failure to comply with reporting requirements may result in the
vendor not being invited to participate in future Chasco Fiesta™ Inc. events.

Upon signing this agreement, the Event Host shall provide Chasco Fiesta™ Inc. a certificate of
Commercial General Liability insurance that includes Bodily Injury, Property Damage and Non
Owned & Hired Auto coverage with a minimum liability amount of $500,000 naming Chasco
Fiesta™ Inc. and the City of New Port Richey as additional insured.

All food vendors shall comply with Chapter 64E-11(10D-13) of the Florida administrative code and
Chapter 50 of the Pasco County Health & Sanitation Ordinance. It shall also be the responsibility of
the Vendor to investigate and comply with all city, county, state and federal laws as they relate to the
conduct of its efforts. If the Vendor violates city, county, state, federal or other governmental statute,
law, rule, regulation or ordinance, or conduct itself in a manner so as to circumvent, evade or skirt any
city, county, state, federal or other governmental statute, law, rule, regulation or ordinance, or in any
way creates a bad public image or adverse publicity for Chasco Fiesta™ Inc., Chasco Fiesta™ Inc.
may, upon investigation of the facts and circumstances surrounding said events, terminate this
Agreement. Such termination shall be considered effective on the date Chasco Fiesta™ Inc. gives
oral or written notice of said termination. In no event shall termination be arbitrarily exercised by
Chasco Fiesta™ Inc. against the Vendor. Chasco Fiesta™ Inc. has the right to reject any vendor or
exhibitor that Chasco Fiesta™ Inc., in its sole and absolute discretion, determines to be unacceptable or offensive and may have a vendor removed during the event for such activity. Any monies paid to
Chasco Fiesta™ Inc., as an application fee, once accepted, is not refundable.

Distribution of any literature or promotional materials during the Chasco Fiesta™ is also prohibited.
Failure to comply may result in immediate dismissal. Vendor shall be prohibited from parking any
storage trailers in Sims Park.

Any notice to be given under this agreement by either party to the other shall be in writing and may be
effected by personal delivery or by registered or certified mail, return receipt requested. Notices
delivered personally shall be deemed communicated at the time of delivery. Mailed notices shall be
deemed communicated as of the time of mailing. Notice shall be sufficient if made to the Vendor at
the last known address, and to Chasco Fiesta™ Inc. at its principal office.

In the event of any default in the performance of the obligations of the Vendor under the terms of this
agreement, Vendor shall be required to pay any legal costs incurred by the Chasco Fiesta™ Inc. in the
enforcement of any provision of this agreement, including reasonable attorney’s fees at both the trial
and appellate levels, in addition to any other relief to which the Chasco Fiesta™ Inc. may be entitled.

Vendor agrees to indemnify, defend, and hold harmless Chasco Fiesta™ Inc. and each of its members,
agents, employees, officers, and directors from and against any and all actions, claims, liabilities,
assertions of liability, losses, costs and expenses, including but not limited to attorney’s fees and court
costs, which in any manner may arise or be alleged to have arisen from the presence, activities and
omissions of the Vendor, his agents or employees, at or adjacent to the location of the activity
specified in this agreement, including, but not limited to, any claims for bodily injury or death of any
persons and for any loss or damage to property.

This agreement shall be governed by the laws of the State of Florida. It constitutes the complete and
exclusive statement of the Agreement between the parties, superseding all proposals, oral or written,
and all other communications between the parties relating to the subject matter of this agreement.
Venue for any litigation shall be in Pasco County, Florida.

If any provision or provisions of this Agreement shall be held to be
invalid, illegal or not enforceable, the validity, legality, and enforceability of the remaining provisions
of this Agreement shall not in any way be affected or impaired thereby. No assent expressed or
implied to by breach of one or more of the covenants and agreements hereof shall be deemed to be a
waiver of any succeeding or other breach.

If the Vendor defaults in the performance of any of the terms or conditions of this
agreement and fails to cure the default within five (5) days after service of written notice of the
default, Chasco Fiesta™ Inc. shall have the right to terminate this agreement without further notice.

This agreement contains the entire agreement of the parties relating to the activities of the Vendor. It
may not be changed orally, but only by an agreement in writing signed by the party against whom
enforcement of any waiver, change, extension, modification or discharge is sought

If this offer is not executed by and delivered to all parties on or before February 1, 2022 this offer shall
be withdrawn

IN WITNESS WHEREOF, the parties have executed this Agreement the day and the year first set
forth above.

Chasco Fiesta™ Inc. Signature
Vendor Signature