Okaloosa County BOCC — June 3, 2014 — aramark contrac FINAL MAY2014t-052314 — reading text

for any event. UNPERMITTED CONDUCT: Alcohol consumption and/or use of narcotic substances by employees of CONTRACTOR will not be tolerated, and infractions will cause immediate removal from ECCC. The COUNTY reserves the right at all times to require any employee of CONTRACTOR to immediately leave the premises. DISCRIMINATION: CONTRACTOR shall not prescribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, or which is in violation of applicable laws concerning the employment of individuals with disabilities. SUBCONTRACTORS: The use of subcontractors shall require prior approval by the COUNTY. OPERATIONS 16 Each event will be developed separately relative to the amount of hours and necessary equipment to complete the assigned project. The CONTRACTOR shall be able to produce all ranges of morning, daytime and evening meal menus, with sufficient variety to cater to all incoming requests. The CONTRACTOR shall develop and implement an operational protocol that will meet the needs of the events industry, often consisting of “fast track” service, last minute changes and continual pre-event, event and post event monitoring. The CONTRACTOR shall notify COUNTY when equipment structures or fixtures are damaged or require repair. ‘ SALES: ECCC’s patrons shall not be infringed upon by any activity of CONTRACTOR or any of its employees or subcontractors. The activities of CONTRACTOR shall be such as to render service to the patrons in a dignified manner; and no undue pressure, coercion or persuasion shall be used by CONTRACTOR in an attempt to influence the patrons to use the services or products of CONTRACTOR. All CONTRACTOR’S sales shall be conducted and operated within the rules and regulations as promulgated by the COUNTY and shall in no way interfere with the orderly operation of any event. The sales shall only be conducted at such times from and at such locations as are designated by the COUNTY. PROGRAMMING: Programming for all events requiring the services of CONTRACTOR shall be performed by the COUNTY. Any programming offered by CONTRACTOR utilizing ECCC facilities may be allowed or denied in the sole discretion of the COUNTY, and if allowed will be incorporated into the official calendar of events, providing that said activities are consistent with COUNTY policies. QUALITY ASSURANCE: CONTRACTOR shall have a comprehensive quality assurance program and be able to immediately address any complaints or issues brought forth by either the ECCC client or the COUNTY. COOPERATION: — Upon consent of the CONTRACTOR, the COUNTY may authorize the free distribution of food or non-alcoholic beverages. Such consent shall not be unreasonably withheld. Upon mutual agreement of the parties, free samples may be given away by or on behalf of or with permission of any person or organization that has properly engaged ECCC for meetings, trade shows, cooking schools, exhibitions, conventions and the like. POLICIES: The COUNTY reserves the right to implement policies, rules and regulations governing the general provision of food and beverage to maintain a consistency of kind and quality of food and beverage service, compatibility of food and beverage products with the events at ECCC and other parameters of food and beverage service which shall be adhered to by CONTRACTOR. COUNTY EVENTS: CONTRACTOR shall provide food and beverage service requested by the COUNTY as part of its in-house activities. The charge to the COUNTY for said services shall 17 be at a 30% discount for all food and non-alcoholic beverages and alcoholic beverages at a 50% discount from CONTRACTOR’S standard approved retail prices. Such services are non- commissionable and service fees or charges shall not apply. KITCHEN FACILITIES: = The ECCC kitchen facilities shall be leased to the CONTRACTOR for off-site catering events in accordance with the terms and provisions of EXHIBIT A. CONTRACTOR may utilize the kitchen facilities for off-site catering events/activities not related to COUNTY clients or subject to any commission. CONTRACTOR shall allow the kitchen facilities to be utilized by (i) non-profit organizations for up to ten (10) functions annually, and (ii) other third-parties for up to six (6) functions annually. COUNTY functions shall not be included in the annual count, provided that, such non-profit organizations (and any other third parties that use the kitchen facilities) execute and deliver to CONTRACTOR and COUNTY an indemnification agreement acceptable to CONTRACTOR and COUNTY with respect to damage to persons or property of either party. CONTRACTOR shall charge the non- profit organizations and other third-parties a fee for use of the ECCC kitchen facilities, as more particularly set forth in the Compensation section set forth below. Such fees shall be included in CONTRACTOR’S Gross Receipts. MAINTENANCE OF PREMISES: CONTRACTOR shall be responsible for keeping clean, covered, polished and in good repair, all bars, equipment, and other facilities, either permanent or temporary, as are used by it in the performance of this agreement. Damage incurred to the property of the COUNTY as a direct result of negligence or lack of maintenance on the part of CONTRACTOR is a non-allowable expense charged directly to CONTRACTOR. CONTRACTOR shall maintain all food and beverage service facilities within the control of CONTRACTOR in a clean and sanitary condition in accordance and consistent with all applicable rules, demands and requirements of law, pertinent health and other authorities of Okaloosa County and the State of Florida and any other governmental entity having jurisdiction. Notwithstanding the foregoing, the parties hereby acknowledge and agree that the foregoing cleaning obligations are limited to busing of tables, removal of linens, food and beverage waste and equipment from areas utilized during an event, function, meeting etc. wherein CONTRACTOR will be providing services, but shal! not include vacuuming of carpets, removal of chairs and tables or removal of waste not generated by CONTRACTOR’s food and beverage services (e.g., trash from show exhibitors, such as pamphlets, hand-outs, advertisements, etc.). The entire area, including the floors in the seating areas when a cafeteria operation is in place and the area, within a radius of 25 ft. of each food service area, shall be kept free and clear by CONTRACTOR from all nuisance and damage to floors, walls, windows or other property in said radius by reason of CONTRACTOR’S operation in said areas. CONTRACTOR shall employ the necessary personnel before, during and after the use of any event to comply with these provisions. In the event that CONTRACTOR does not sufficiently clean the stated areas and fails to remedy the situation within three (3) days of written notice regarding such deficiency, the COUNTY will clean the same and submit an invoice to CONTRACTOR for services rendered as a non-allowable expense. 18 TRASH; All food service and serving areas shall be regularly monitored by CONTRACTOR for cleanliness and trash removal during events. All refuse and waste materials located within the food and beverage facilities occupied by CONTRACTOR shall be promptly disposed of after each event by CONTRACTOR directly into a compactor designated by the COUNTY, from which it shall be removed by the COUNTY. Notwithstanding the foregoing, the parties hereby acknowledge and agree that the foregoing obligations are limited to removal of trash generated from CONTRACTOR’s food and beverage services in areas utilized during an event, function, meeting etc. wherein CONTRACTOR will be providing services, but shall not include vacuuming of carpets, removal of chairs and tables or removal of waste not generated by CONTRACTOR’s food and beverage services (e.g., trash from show exhibitors, such as pamphlets, hand-outs, advertisements, etc.). Waste foods shall be kept in closed metal or plastic containers until removed from ECCC. Such removal shall be made promptly during and after the event to a central collection area designated by the COUNTY, from which it shall be removed by the COUNTY. Nothing contained here shall be construed to alter or affect any duty that CONTRACTOR has or may have under applicable local, state or federal laws and regulations. PRODUCT TO BE SOLD & PRICES Except as expressly set forth herein, CONTRACTOR shall have the exclusive right to sell products of a food and beverage nature, including alcoholic beverages within the ECCC. PRICING: | CONTRACTOR’S rights shall extend to the food and beverage service needs of the patrons of ECCC as stated above only to the extent that CONTRACTOR maintains availability and quality with a competitiveness to other commercial vendors. Maximization of the use of the facilities of ECCC is the goal of the COUNTY and all efforts shall be made by CONTRACTOR not to discourage use of ECCC facilities by reason of CONTRACTOR’S exorbitant pricing, unavailability of service, inferior quality or other non-competitive practices. The COUNTY reserves the right to intercede in the negotiations in those instances where the COUNTY determines that CONTRACTOR is failing to provide competitive and representative services. If CONTRACTOR consistently fails to perform for a particular portion of the food and beverage services then the COUNTY may obtain service from other vendors for such portion without terminating the agreement, this does not prevent the COUNTY from proceeding with notifying CONTRACTOR that they are in default. The General Manager agrees to meet with CONTRACTOR to review products to be sold and prices to be charged on an annual basis. Prices shail be set by mutual agreement of the COUNTY and CONTRACTOR; and in case of conflict, the decision of the COUNTY shall control. Whenever unique economic conditions result in unusual cost increases to CONTRACTOR, the COUNTY will consider a request by CONTRACTOR for price changes at times other than the annual date specified above. CONTRACTOR shall submit a detailed written price schedule for all items it proposes to sell showing size, weight, grade, cost, and price of item along with a price comparison sheet of the local market which shall be subject to final approval of the COUNTY. All prices of all products submitted by the CONTRACTOR and 19 accepted by the COUNTY shall become part of this Agreement as a basis for current and future pricing. CONTRACTOR must allow for competitive pricing, with service availability and capability for a 24 hour 365 days per year operation for all ECCC functions at all times to the extent convenient to the utilization of ECCC by its show managers, and patrons. Sales by CONTRACTOR from ECCC to persons and entities off the premises of ECCC shall be subject to the consent of the COUNTY. QUALITY: CONTRACTOR recognizes that the quality of items sold and services performed at ECCC is a matter of highest concern and is the essence of the Agreement. All food, beverages and other items sold or kept for sale at ECCC shall be of first quality, wholesome and pure and must conform in all respects to all applicable federal, state, county health statutes, ordinances and regulations. No imitation, adulterated or misbranded article shall be sold or kept for sale and all merchandise offered for sale at ECCC shall be stored and handled with due regard for sanitation, and shall conform with the quality, type, size, and weights as agreed upon and approved by the General Manager. All food products sold to individuals through various outlets shall be prepared and handled to provide fresh, high quality products. CONTRACTOR shall only serve fresh brewed coffee; the use of instant liquid or freeze-dried coffee will not be permitted. Written policies shall be developed and adhered to regarding shelf life of all perishable