If selected, vendor agrees to the following terms and conditions:
1. Vendor's business or organization must be licensed or recognized by the State of Washington. For-profit businesses must possess a City business license endorsement in addition to the State license unless they are eligible for an exemption under Sequim Municipal Code 5.04.080. (If Vendor is claiming an exemption, by signing this Agreement Vendor is certifying under penalty of perjury that it meets the following exemption: SMC 5.04.080(C) [special events].) Tax-exempt non-profit organizations are exempt from this requirement pursuant to SMC 5.04.080(F).)
2. By entering this Agreement, Vendor certifies that it possesses in good standing all required licenses and permits for handling and selling food and/or beverages in the State of Washington and Clallam County, including alcoholic beverages if covered under this agreement. All certificates, licenses, permits, or notices that are required to be posted by their issuing agencies must be displayed in a manner visible to the public during the event.
3. Vending Unit must be open during all hours of the event and staffed by courteous employees who possess all required individual permits and licenses in good standing and follow all health and safety regulations in effect at the time of the event.
4. Vendor must obtain and maintain, at its own expense, without interruption for the term of this Agreement, all applicable licenses, permits, and insurance policies that are required for operating a food or beverage Vending unit in the State of Washington, or for otherwise providing the Services contemplated in this Agreement.
5. Vendor must comply at its own expense with all health and safety permits and regulations, including those required by the local fire marshal, and ensure that all appropriate fire safety equipment is in or near the Vending Unit during the event and in good working order.
6. Vendor must keep Vending unit and surroundings clean and attractive before, during, and immediately after the event. Vendor is responsible for collecting and properly disposing of all trash within 25 feet of the Vending Unit, including during setup and breakdown.
7. Vendor must ensure that grease and abrasives are not disposed of on event property except in designated containers.
8. Vendor must post all prices for food and beverages, including sales tax, on signage that is professional in appearance and readily visible to the public.
9. Vendor and its employees will take all reasonable measures to protect the event site from damage. Vendor is responsible for damage to buildings and grounds caused by Vendor or its employees.
10. Vendor will forego use of generators or amplified sound devices when it impacts the ability to hear nearby musical performances.
11. This Agreement may be terminated by either Party without cause upon 14 calendar days' advance written notice to the other Party.
12. Vendor is not responsible for delay or default caused by events beyond its control. Vendor must notify City as soon as practicable upon becoming aware of such a circumstance.
13. This Agreement will not automatically renew or extend, and expires 30 calendar days after the date of the event.
14. Vendor may not assign or otherwise transfer or delegate any right or duty under this Agreement without the City's express written consent in advance. Vendor is solely responsible for the performance of the Vending Services and does not have authority to incur obligations on behalf of the City.
15. Any formal notices required to be given under this Agreement must be by personal delivery or certified mail. If mailed or delivered to the City, the notice address is Clerk's Office, 152 West Cedar, Sequim, WA 98382, with a separate copy addressed to the City Attorney. If to the Vendor, the address provided on page 1 of this Agreement will be used unless a different address is provided in writing by Vendor.
16. This Agreement is governed by the laws of the State of Washington and any litigation must be adjudicated exclusively in the County of Clallam. The City does not waive its right to a jury trial and will not agree to binding arbitration, but will attempt to resolve all disputes in good faith before resorting to court action.
17. For the duration of this Agreement, Vendor must possess, or obtain and maintain, liability insurance in the minimum amount of $1,000,000 per incident, $2,000,000 aggregate. A "Tenant Users Liability Insurance Protection" ("TULIP") special event policy is acceptable. If this Agreement covers sale of alcoholic beverages, Vendor must possess, or obtain and maintain, host liquor liability insurance.
18. The City of Sequim is subject to the Public Records Act and other disclosure laws. Therefore it must disclose, upon request, any non-exempt public record including those that may be related to Vendor and this Agreement. Vendor may be required to assist the City in responding to a request for records.
19. Vendor is an independent entity under this Agreement and not a City employee or volunteer for any purpose.
20. Any provision of this Agreement found to be invalid does not invalidate the remainder of the Agreement. Any provision of this Agreement that by reasonable implication survives its expiration or termination, continues to be enforceable. Without limiting the generality of this provision, Vendor's obligations to carry liability insurance and indemnify the City survives for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period.
21. Vendor will sell only the items described in the "List of Food and Non-Alcoholic Beverages" and the "List of Alcoholic Beverages," incorporated by this reference.
22. Vendor is responsible for the quality and safety of what it sells and is encouraged to carry liability insurance for their product.
23. Vendor has read and understands this Agreement and agrees to be bound by its terms and conditions.
If selected, Vendor's failure to meet any of the above requirements may lead to immediate termination of this Agreement and Vendor's removal from the event.