2018 vendor application - o'fallon fest vendor app.pdf · set-up directions: prior to the...

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2018 Vendor Application Event Highlights Saturday, September 8 Artists/Crafters, Festival Food & Live Music 10:00 am to 4:00 pm REGISTRATION DEADLINE 4:00 P.M. AUGUST 9, 2018 For more information contact: Jennifer Hoisington, Festival Manager [email protected] 636.379.5605 office O’Fallon Fall Fest, Civic Park, O’Fallon MO This event features booths brimming with house & garden specialties, fall decorations, holiday gifts, art, crafts, jewelry, flowers, festival food, plus free entertainment.

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2018 Vendor Application

Event Highlights

Saturday, September 8 Artists/Crafters, Festival Food & Live Music

10:00 am to 4:00 pm

REGISTRATION DEADLINE 4:00 P.M. AUGUST 9, 2018

For more information contact: Jennifer Hoisington, Festival Manager

[email protected] 636.379.5605 office

O’Fallon Fall Fest, Civic Park, O’Fallon MO

This event features booths brimming with house & garden specialties, fall decorations, holiday gifts, art, crafts, jewelry,

flowers, festival food, plus free entertainment.

Contact Name______________________ Company Name________________________________

CITY OF O’FALLON SPECIAL EVENT VENDOR RULES Return a copy with your initials next to each “X” identifying that you have read/understand the corresponding information. Please keep a copy for your records.

A. APPLICATION PROCESS X____ VENDOR SPACE: The City will assign vendor spaces based on booth requirements and park layout; keeping the best interest of the event in mind at all times. Electric spaces are based on a first come, first served basis. The City will place you in spaces where electricity is available. Electric spaces are minimal. The City of O’Fallon will assign space locations 3 weeks prior to the event and a confirmation will be given at a vendor meeting or by mail with space number, load in information, event details and so on. However these details are subject to change. DEADLINES: Applications must be fully completed, signed by vendor and include all the appropriate fees. Applications submitted that are incomplete, unsigned or without the appropriate fees will be immediately returned to the vendor. Photographs/other attachments can be sent to [email protected] X____ APPROVAL: Applications will be approved/denied based on event needs, space availability and/or amount of duplicated products. The submittal of an application does not guarantee vendor acceptance into any event. All decisions are at the City’s discretion. The City has a right to deny or cancel any vendor that does not follow the professional expectations and guidelines of the City. The CITY DOES NOT GUARANTEE EXCLUSIVITY for vendors on particular items. NOTIFICATION: Upon approval of the application, the City will send an email notification to the vendor at least 30 calendar days prior to the event date, but not later than 14 calendar days prior to the event date. Vendors requiring an immediate response may contact the O’Fallon Tourism & Festivals Department at 636-379-5605 to check status. You may also e-mail [email protected] to receive a general response. DENIAL: Upon denial of an application, the City will mail the monies back. X____ REFUNDS/CANCELLATIONS: There are no refunds available for approved vendors after event deadline. Vendors that request a refund before the event deadline will be charged an administrative fee of $5 or 10% (whichever is greater). Approved vendors that cancel or are a “no show” will forfeit their applications fee(s) and all future events for that year. The City is not obligated to refund fees for any event that is affected by weather conditions unless the event is cancelled. APPLICATIONS: Vendor fees and spaces are non-transferable. Vendors who sign the application are responsible for the booth. No one will be permitted to sign up or pay for anyone other than themselves. Vendors interested in sharing a booth with another vendor must get preapproval from the festival office. B. GENERAL RULES BOOTH SPACE: Each individual outdoor space is 10’ x 10’. Vendors requiring more space must purchase additional spaces. X____ BOOTH REQUIREMENTS: All vendors must operate under a flame retardant canopy or from a self-contained trailer. Push carts, umbrella stands, display tables and strolling vendors are not permitted, unless otherwise approved by festival management. All vendors must provide their own canopies, tables, chairs and dollies, non-electrical lighting and other operational equipment. The City provides electricity for food vendors and other vendors that pay for it when applying. Vendors may purchase extra electric for an additional fee, however these spaces are limited and only in certain areas of the park. Electric may only be used in the booth that purchased it. BOOTH RELOCATION: All vendors must utilize their assigned spaces. Trading/relocating assigned booth spaces is not allowed unless approved by the festival management. SET-UP DIRECTIONS: Prior to the event, Vendors will receive a letter or email detailing set-up instructions. All vendors must be set up & all vehicles removed from the event area no later than 30 minutes prior to the event starting. TAKE-DOWN DIRECTIONS: Vendors will be allowed to begin take-down at the official end of the event. Early take down is not allowed. PARKING: Vendors are directed to drop off their booth equipment/supplies in the event area during specified set up times and park their vehicle in specified areas. Vehicles parked in unauthorized areas are subject to being towed. ACCOMODATIONS: The City does not allow overnight camping or RV camping in the park or within City Limits without being in a regulation RV/Campground. SALES TAX: All vendors will comply with Missouri Department of Revenue tax collection rules http://www.dort.mo.gov/tax/business/sales/taxcards/ for tax information and appropriate forms. The City is not responsible for tax collection. ALCOHOLIC BEVERAGES: No alcohol may be sold or consumed by any vendor on City property without prior approval. INVENTORY LIST: All vendors are limited to sell only those approved items listed on their application. The City reserves the right to deny the sale of any items it deems unacceptable or inappropriate. No selling of replicated licensed merchandise like CD’s or DVD’s permitted. EXCLUSIVITY: Vendors will be notified of any exclusivity agreements pertaining to food sales (beverages, ice, etc.) Vendors must abide by these agreements. INSPECTION: Festival Management reserves the right to inspect any vendor’s booth space at anytime to enforce all rules & regulations. MERCHANDISING: Festival Management must approve all relevant merchandising vendors for each event to confirm/approve their items for sale. Merchandise is only accepted based on the theme of the event and is highly selective. The City does not allow solicitation, strolling sales or anything of the like without approval.

C. FOOD VENDOR RULES ONLY: X____ ELECTRICITY/WATER: Water and 110v, 20 amp outlet requirements must be requested on application. ENVIRONMENTAL REQUIREMENTS: Food vendors may not sell/dispense any products in glass containers. All food waste must be disposed of properly. ALL VENDOR TRASH MUST BE PLACED IN A TRASH CAN POST-EVENT OR TAKEN TO THE DUMPSTER. Any trash left on the ground may result in cancellation of future participation. RECYCLING: The City is encouraging the use of single stream recycling. Items that are not acceptable for this type of recycling include Styrofoam products. The City does not allow the use of any Styrofoam products, however, plastic or paper products are appropriate. X____ COUNTY REQUIREMENTS: Food vendors must follow all the rules set forth in the Guidelines for Temporary Events produced by the Saint Charles County Health Department. For a copy of the guidelines, please contact the Saint Charles County Health Department at 636-949-1800; offices are located at 1650 Boone’s Lick Rd, St. Charles, MO 63301 or register online at https://www2.citizenserve.com/stcharles. The inspectors will come out to the event to inspect all food vendors. Permits will NOT be issued on site. ALL FOOD MUST BE PREPARED AND COOKED TO MEET HEALTH DEPARTMENT GUIDELINES. Responsibility to meet all of these requirements is the sole responsibility of the food vendors. Failure to meet these guidelines will lead to removal from the event with no refund.

Contact Name______________________ Company Name________________________________

FALL FEST

Food Vendor

Health Permit Required, refer to Vendor Rules for additional information

No tables or chairs provided

Water hookups NOT available, however access to water is nearby

One electric outlet provided

No personal generators are allowed

Must remain in assigned vendor booth space, no roaming / strolling

All space is 10’x10’

Multiple spaces may be purchased

Artists & Crafters Booth

Entries in this category must be mostly comprised of hand-crafted items showcasing the creative talent of the artisan

All booths located outdoors

No tables or chairs provided

No personal generators are allowed

The following items may NOT be displayed or sold: carnival items, flea market, garage sale, or live animals.

Must remain in assigned vendor booth space, no roaming / strolling

All space is 10’x10’

Multiple spaces may be purchased

Merchandise, Direct Selling Association (DSA),

and Commercial Booths

Applications in this category will not be processed until August 13 and will only be accepted if space is still available

No tables or chairs provided

No personal generators are allowed

Must remain in assigned vendor booth space, no roaming / strolling

All space is 10’x10’ Multiple spaces may be purchased

Please circle fees that apply

Please circle fees that apply Please circle fees that apply

Not For Profit $50

Artists & Crafters ONLY

$25 O’Fallon Business $350

Commercial

$125 Add Electric (110v20a) $25

Non – O’Fallon Business $500

Add Electric (110v20a )

$25 Add Canopy $100

Add Electric (110v20a)

$25

TOTAL DUE $_____ TOTAL DUE $______ TOTAL DUE $____

Registration deadline 4:00 p.m. Thursday, August 9

Contact Name______________________ Company Name________________________________

Address: ______________________________________________City/ST/Zip: __________________________/_____/___________ Phone: Daytime (____) _______________________Night (____) _____________________________Fax(____)_________________ E-Mail*:____________________________________________________________________________________________________ **Must provide email address to be notified of application availability for future events! (PLEASE PRINT) LIST ALL ITEMS TO BE SOLD AND SUBMIT PHOTOS IF YOU HAVE NOT PARTICIPATED IN EVENT PREVIOUSLY, ITEMS NOT LISTED WILL NOT BE PERMITTED TO BE SOLD (attach additional sheets if needed): ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________

Booth Description (select one): □Renting Canopy □Bringing own Canopy □Self-Contained Trailer size ___FT x___FT

ELECTRICAL NEEDS: Total quantity and type of service required (if purchasing electric): ________________ Items to be powered___________________________________________________________________________________ Power locations are limited. No generators allowed.

INDEMNIFICATION, RELEASE AND INSURANCE

Vendor Status: The parties hereby acknowledge and agree that Vendor has sought to use, for a limited time period during a City

Event, a portion of premises operated by the City for Vendor’s own private purposes. Vendor shall not be considered as an employee

or representative of the City of O’Fallon.

Vendor hereby represents and warrants to the City that, if Vendor is required to carry Workman’s Compensation Insurance by

applicable law, then Vendor has procured and maintained Workman’s Compensation Insurance covering Vendor and Vendor’s

employees as required by applicable law.

Acknowledgement of Consideration Received by Vendor: Vendor hereby acknowledges that the ability to participate in City’s Event

and showcase Vendor’s goods or services in a booth or canopy space at the Event provides Vendor with valuable exposure and a

marketing opportunity to a large number of people. Vendor hereby acknowledges the sufficiency of that consideration in exchange for

Vendor’s release and indemnification obligations.

Release: The parties agree that the City is not liable for personal injury or for damage to or loss of personal property in or about the

premises of the event including the portion of the premises used by Vendor, regardless of the cause of such injury, loss or damage.

In exchange for valuable consideration received by Vendor, the sufficiency of which is acknowledged by Vendor above, Vendor does,

on behalf of Vendor and Vendor’s employees and representatives, hereby release, relinquish and discharge all actions, claims,

demands and liability whatsoever against the City of O’Fallon, its officials, agents, and employees, arising out of or happening in

connection with Vendor’s participation in and presence at the Event or use or occupancy of the premises. The Vendor agrees that this

is a full and final release of all claims and shall apply to all anticipated and unanticipated injuries and damages resulting from

Vendor’s participation, use and occupancy described in this agreement.

FURTHERMORE, VENDOR AGREES TO RELEASE, EXONERATE AND HOLD HARMLESS THE CITY OF O’FALLON, ITS

OFFICIALS, AGENTS AND EMPLOYEES, FROM ANY AND LIABILITY EVEN THOUGH THE CLAIM, OR LOSS OR

CASUALTY IS ATTRIBUTABLE TO THE NEGLIGENCE OF THE CITY OF O’FALLON, ITS OFFICIALS, AGENTS OR

EMPLOYEES.

Indemnification: The Vendor shall indemnify, protect and hold harmless City from and against the loss, cost, claims, demands,

damage and/or expense arising out of any demand, claim, suit or judgment for damages to property and injury to or death of persons

including the officers, agents and employees of either party herein, including payment under any workmen’s compensation law or

under any plan for employee’s disability or death benefit which may arise out of or be caused in whole or in part by the fault, failure,

negligence or alleged negligence of the Vendor, its agents, servants or employees.

Contact Name______________________ Company Name________________________________

Liability Insurance: Required for all registered businesses/commercial vendors ONLY. In order to cover Vendor’s

indemnification obligations under this agreement, Vendor agrees to procure and maintain throughout the period of the Vendor’s use

and occupancy of the premises, sufficient general liability insurance which shall be subject to approval by the City.

Insurance: See ATTACHMENT A (REGISTERED BUSINESSES/COMMERICAL VENDORS ONLY)

Options for reference: (registered businesses/commercial vendors ONLY)

American Specialty (https://americanspecialtyexpress.com/) RVNA/Fireman’s Fund (http://www.specialeventinsurance.com/)

Markel Insurance (https://www.markelinsurance.com/event)

ACT Insurance (https://www.actinsurance.com)

K&K Insurance (https://www.kandkinsurance.com) I also agree to grant full permission to the City of O’Fallon to use my name, photo, video or recording for publicity or promotional purposes without obligation or liability to me, my staff or my family. I have read and understand the above INDEMNIFICATION, RELEASE AND INSURANCE. Your signature below represents your understanding of this policy.

_______________________________________ ________________________________________________________________ Printed Name Signature Date Signed

Payment Information #1 Call 636-379-5606 to pay by credit card. #2 Make checks payable to the City of O’Fallon. #3 No applications accepted after the deadline unless space allows. #4 No refunds given after the event deadline. _________________________________________________________________________________________________ PAYMENT BY: □ Check Check #________Driver’s License #__________________________________________ □ Money Order or Cashier’s Check

□ Credit CardVisa/MasterCard/American Express/Discover ONLY available through online Invoice. Invoice will be emailed after application acceptance

RETURN TO: CITY OF O’FALLON, FESTIVAL OFFICE, 100 NORTH MAIN STREET, O’FALLON, MO 63366. Or Fax to

(636)379-5484. Call 636-379-5502 for more information. Registered vendors that require an additional application packet or the return

of attachments (photos/slides) must send a written request with a self-addressed, stamped envelope (SASE) enclosed to the above address.

Contact Name______________________ Company Name________________________________

Attachment A

(REGISTERED BUSINESSES/COMMERCIAL VENDORS ONLY)

INSURANCE REQUIREMENTS – the Vendor Applicant shall need to be able to comply with the

following:

GENERAL:

The Vendor shall provide an original Certificate of Insurance naming the City of O'Fallon is an “Additional Insured” on the Vendor’s Commercial General Liability policy during the Term of the Agreement. This requirement of insurance does not limit the Vendor’s liability under the Agreement in any manner. WORKER’S COMPENSATION INSURANCE Statutory limits “X’d” on the Certificate and limits of amounts no less than $500,000 COMMERCIAL GENERAL LIABILITY INSURANCE: Vendor shall provide Bodily Injury and Property Damage Liability Limits of $1,000,000/Per Occurrence/$2,000,000/General Aggregate. Additional Insured status must be provided to the City and confirmed by copy of such endorsement. An umbrella/excess liability policy can be used to attain the required limits.

INDEMNITY: The Vendor shall, at all times, fully indemnify, hold harmless, and defend the City and its officers, members, agents, and employees from and against any and all claims and demands, actions, causes of action, and cost and fees of any character whatsoever made by anyone whomsoever on account of or in any way arising from this Agreement by the Vendor and its employees, or because of any act or omission, neglect or misconduct of the Vendor, its employees and agents or its subcontractors including, but not limited to, any claims that may be made by the employees themselves for injuries to their person or property or otherwise. Such indemnity shall not be limited by reason of the enumeration of any insurance coverage herein provided. Nothing contained herein shall be construed as prohibiting the City, its directors, officers, agents, or its employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, actions or suits brought against them. The Vendor shall likewise be liable for the cost, fees and expenses incurred in the City's or the Vendor's defense of any such claims, actions, or suits. The Vendor shall be responsible for any damages incurred as a result of its errors, omissions or negligent acts and for any losses or costs arising from this Agreement as a result of its errors, omissions or negligent acts.