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Booth Order Information
2012 Sugar House Fireworks Vendor Permit Agreement
Thank you for your interest in becoming a Vendor for the 4th of July Event at the Sugar House Park that will be held on Wednesday July 4th 2012.
Vending at the Sugar House Park “the “Park”, on the 4th of July, will begin at 12:00 pm. The fireworks show will start at 10 pm. Vendors may start setting up at 9:00 am and begin selling at 12:00 pm, after city inspectors have inspected Vendors. Vendors must be set-up and ready to be inspected by the city inspectors by no later than 11:00pm
This Vendor Permit Agreement (“Agreement”) is entered into on _______________, 2012, by and between Preserve Our Ways, Inc dba Sugar House Fireworks, (“Event Organizer”) and
____________________________________________________ (“Vendor”) on the following terms and conditions.
We require copies of the following information in our office prior to a vending permit being issued. All documents must be in the name of the licensed Vendor:
1. A signed 2012 Sugar House Fireworks Vendor Permit Agreement
2. Read and initialed Addendum A
3. Full payment of Vendor Fee.
Event organizer tries to conduct a family-friendly celebration: vendors may distribute material related to vended products only and maintain a family-oriented theme. Vendors who do not comply with this policy will be asked to leave, and will result in loss of Vendor Fee and the termination of the Vendor Permit. .
Vending equipment must be removed by midnight on July 4th, 2012. Vendor agrees to leave vending areas clean, and to pay for any and all damages that may occur to property or equipment while in their care. Venders are not allowed to use stakes or damage asphalt/paving.
Each food vendor must comply with all Utah Health Department regulations. Vendors will be responsible to provide their own supplies and equipment within Health Department Code and must apply for their own food vending permit.
Vendor Permits issued by Event Organizer must be displayed at each booth, kiosk or worn on the shirt pocket area of the walk-around vendors.
SAFETY. To protect persons and property, Vendor shall establish a safety program implementing safety measures, policies and standards conforming to (1) those required or recommended by governmental and quasi governmental authorities having jurisdiction and (2) requirements of this Agreement. Vendor shall keep Vendor’s site clean and free from debris resulting from Vendor’s vending.
INDEMNITY. To the fullest extent permitted by law, Vendor shall defend, protect, indemnify and hold harmless Event Organizer, Sugar House Park Authority, Salt Lake County, Salt Lake City, their affiliates, officers, directors, shareholders, employees, agents, successors, and assigns (“Indemnified Parties”,) and each of them, from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys fees, losses or liabilities, in law or in equity, of every kind and nature whatsoever (“Claims”) arising out of or in connection with Vendor’s operations to be performed under this Agreement for, but not limited to:
1. Personal injury, including but not limited to bodily injury, emotional injury, sickness or disease, or death to persons;
2. Damage to property of anyone, including loss of use thereof;
3. Penalties from violation of any law or regulation caused by Vendor’s action or inaction;
4. Failure of Vendor to comply with the Insurance requirements established under this Agreement;
5. Any violation by Vendor of any law or regulation in any way related to the occupational safety and health of employees.
6. Vendor’s inciting acts of violence toward themselves or to their property or other’s property or damage or injury either to others, themselves, their own property or other’s property by actions of Vendor either intentionally or non-intentionally.
FAILURE OF EVENT ORGANIZER to demand a certificate or other evidence of full compliance with any insurance requirements or failure of Event Organizer to identify a deficiency from evidence that is provided shall not be construed as a waiver of Vendor’s obligation to maintain such insurance.
COMPLIANCE WITH LAWS. Vendor shall comply with all Laws bearing on Vending under the Agreement. Without intending to limit the generality of the foregoing, Vendor shall not dump, store, release, dispose or emit (collectively, a “Release”) any oil, gasoline, paint or other hazardous substance or pollutant, including fugitive dust, or their containers governed or regulated by any federal, state or municipal law (collectively, “Pollutants”), at, under or in the vicinity of any Vending within the Park. Vendor shall deal with all Pollutants, including the containing and disposal thereof, in accordance with all applicable Laws at Vendor’s expense. Vendor shall indemnify, defend and hold harmless Event Organizer, Sugar House Park Authority, Salt Lake County, and Salt Lake City for, from and against all claims, actions, proceedings, liabilities, losses, assessments, damages, penalties, fines, fees, expenses, investigations and liens arising out of or in connection with any such Release or violation of any such Laws caused by Vendor or any of its Subcontractors, employees or consultants. The provisions of this paragraph shall survive termination or expiration of this Agreement and/or the 4th of July Event. Vendor shall secure and pay for all permits, fees and licenses necessary for Vending. Vendor shall post and give warnings to Vendor’s employees, other workers, and any occupant or customer, of any hazardous substance present at Vendor’s location, even if lawful and in compliance with this Agreement. Vendor shall allow inspections of equipment and vending conditions as necessary to ensure compliance with safety programs and standards and all applicable codes and regulations.
INDEPENDENT CONTRACTOR. At all times in the performance of this Agreement, Vendor is acting as an independent contractor and shall be solely responsible for the employment, acts, omission, control and direction of its employees and Subcontractors. Nothing contained in this Agreement shall authorize or empower Vendor to assume or create any obligation or responsibility whatsoever, express or implied, on behalf of, or in the name of Event Organizer, or to bind Event Organizer in any manner, or make any representation, warranty or commitment on behalf of Event Organizer.
EXTENT OF AGREEMENT. Nothing in this Agreement shall be construed to create a contractual relationship between persons or entities other than the Event Organizer and Vendor. This Agreement is solely for the benefit of the Parties, represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral.
RESPONSIBILITY FOR DAMAGES TO THE PARK. Vendor shall be liable for any loss or damage to any work, including, without limitation, the PARK or to any equipment and materials at the PARK caused by it or its sub-contractors, agents, employees or guests.
SEVERABILITY AND WAIVER. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right otherwise provided for under the Agreement.
GOVERNING LAW AND INTERPRETATION. This Agreement relates to Vending by Vendors in the State of Utah and the Laws of such state shall govern the construction of this Agreement. Vendor waives and relinquishes its right to commence or maintain an action at law or in equity arising out of this Agreement in any place other than the place of business of Vendor in the state of Utah which is located in the County of Salt Lake. This Agreement shall be construed in accordance with its plain meaning and shall not be construed for or against any of the parties hereto. Paragraph headings shall be disregarded in construing or interpreting the provisions of this Agreement. If a term, provision, covenant, or condition of this Agreement is held to be void, invalid or unenforceable, the same shall not affect any other portion of this Agreement and the remainder shall be effective as though all such void, invalid or unenforceable terms, provisions, covenants or conditions had not been contained herein.
ENTIRE AGREEMENT. This Agreement is solely for the benefit of the parties hereto and represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral, and also supersedes any inconsistent standards of practice in the Vending industry in Salt Lake County, Utah. No amendment or supplement to this Agreement shall be effective unless in writing signed by the parties hereto. All exhibits attached hereto are incorporated herein by reference.
The event will be held rain or shine. No refunds will be issued due to inclement weather, acts of god or any other unforeseen circumstances.
Tent and Temporary Structure Check Sheet
April 2010 v.5
Any statements or points below do not exempt the operator, owner, or user from following the International Fire Code (IFC), and International Building Code (IBC).
Cooking Tents –
o Flame retardant certification must be provided for all temporary structures utilized for cooking or heating of food. California State Fire Marshal’s flame retardant certification seal must be visibly displayed on the tent. (see attached page)
o Tents where cooking takes place, or cooking tents in an aggregate configuration, must be at least 20 feet from any building or other tents. Aggregate cooking tents will maintain 10 foot separation from adjacent cooking tents.
o A portable fire extinguisher with a minimum 4A40BC rating must be provided for each tent where cooking is taking place. If there are grease laden vapors present, a K type extinguisher is also required. (i.e. deep fat frying) Inspection tags are required annually.
o LP gas cylinders, up to 500 gallons, must be stored outside and kept a minimum of 10 feet from any other structure. Cylinders capable of holding 501 gallons and greater shall require a 25 foot separation.
o Any open flame cooking or heat cooking will be supervised by an adult at all time. This adult will serve as a fire watch and standby personnel to take prompt measures for extinguishment of fires that occur and assist in the evacuation of the public from the structure. (refer to IFC 2404.20)
General issues –
o All tents/canopies/temporary structures must be properly secured in case of wind. Securing of the structures is the responsibility of the owner/operator. (refer to IFC 2403.9)
o A portable fire extinguisher with a minimum 2A10BC rating must be accessible within 75 feet walking distance of all tents/temporary structures, at a minimum, as required by section 906 of the IFC. All extinguishers require a current State Fire Marshal’s inspection tag. Inspection tags are required annually.
o No smoking signs must be provided in each permitted tent.
o Exits shall be clearly marked when the exits serve an occupant load of 50 or more.
o All compressed gas bottles must be secured at all times to prevent them from tipping over.
o Generators must be maintained at least 20 feet from any tent or temporary structure. No combustible waste can be stored within 30 feet of a tent or temporary structure.
Come spend the day with us in Sugar House Park for a fun filled day of great music, vendors, the best food in Utah and the greatest fireworks display in the state