Hometown Festival EXPO Vendor Agreement
Location of Festival
Community Park 262 E Palatine Rd., Palatine, IL, 60067
I. It is the intention of the Palatine Park District hereafter, “Park District” and of the Palatine Jaycees hereafter, “Jaycees”, to create a non-exclusive Independent Contractor relationship with (hereafter, “Contractor”). This agreement shall not be construed as creating an employee/employer relationship or joint employment relationship between the parties.
A. Contractor acknowledges and agrees that Contractor is not entitled to any benefits or protections afforded employees of the Park District or Jaycees or bound by any obligations of employees of the Park District and Jaycees. Contractor understands and fully agrees that Contractor will not be covered under provisions of the unemployment compensation insurance of the Park District or Jaycees or the workers’ compensation insurance of the Park District or Jaycees and that any injury or property damage on the job will be Contractor’s sole responsibility and not the Park District’s or the Jaycees. Also, it is understood that Contractor is not protected as an employee or as a person acting as an agent or employee under the provisions of the general liability insurance of the Park District or Jaycees and therefore, Contractor will be solely responsible for Contractor’s own actions, and that of Contractor’s employees and agents, if any.
B. The Park District or Jaycees will in no way defend Contractor in matters of liability or will be responsible for any theft of Contractors property.
C. It is the intention of the parties to create a non-exclusive independent contractor relationship. The Park District or Jaycees may hire another Contractor to perform similar services during the duration of this agreement. Contractors may engage in other business activities and provide similar services to other entities and businesses.
D. Contractor agrees not to hold him/herself out as an employee or joint employee of the Park District of Jaycees to members of the public.
E. Contractor acknowledges and agrees that Contractor is solely responsible to pay all applicable federal, state, and local income and withholding tax obligations or contributions imposed by social security, unemployment insurance and worker’s compensation insurance on behalf of Contractor and those employees, if any, employed by Contractor.
The Palatine Park District or Jaycees agrees to waive its general liability and/or workers’ compensation insurance requirements ordinarily required of contractors. Contractor fully understands and agrees that, as noted in Section IA above, Contractor shall not be entitled to any benefits or protection afforded employees of the Park District or Jaycees, irrespective as to whether or not Contractor elects to maintain general liability and/or worker’s compensation insurance to protect Contractor. Contractor further understands that, if applicable, the waiver of the workers’ compensation insurance requirements does not extend to any workers’ compensation insurance that Contractor must maintain under state law, for any of Contractor’s employees.
II. Contractor shall at all times have sole control over the manner, means and methods of performing the work/services required by this agreement according to Contractor’s own independent judgment. Contractor is solely responsible for the direction of Contractor’s employees and agents, if any, and for their actions in performing the work/services.
III. Contractor acknowledges and agrees that Contractor will devote such times as is necessary to produce the contract for results.
IV. The duration of this independent contractor agreement will be only for the scheduled duration of the EXPO days during the Hometown Festival.
V. Contractor acknowledges and agrees that Contractor is responsible for all expenses, including the provision of equipment and materials related to the provision of the contract for results, unless otherwise agreed to.
VI. To the extent permitted by law, Contractor shall indemnify, save, defend and hold harmless the Park District or Jaycees, including its officers, officials, agents, volunteers and employees (collectively “Park District” or “Jaycees”) from and against any and all liabilities, obligations, claims, damages, penalties, wage and hour claims, cause of actions, costs and expenses (including reasonable attorney and paralegal fees) which the Park District or Jaycees may become obligated by reason of any accident, bodily injury, or death of persons, civil or constitutional rights violation, or loss or damage to tangible property, or any claim made under the Fair Labor Standards Act or any other federal or state law arising out of any negligent or wrongful act or omission of Contractor (or anyone acting on behalf of Contractor) and directly or indirectly in connection with, or under, or as a result of this Agreement.
VII. Contractor acknowledges and agrees that Contractor will comply with all applicable laws, rules and regulations promulgated by any federal, state, county, municipal, park district or any other governmental unit or regulatory body or court. Contractor shall further maintain all applicable licenses, certifications, and/or permits.
VIII. Contractor represents and warrants that Contractor has the skills and knowledge necessary to perform the services in a safe, proper, efficient, thorough, and satisfactory manner and understands that Park District or Jaycees is relying on such representation in contracting with Contractor for the services.
IX. This Contract constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings either oral or written of the Parties in connection therewith. No modification of this Contract shall be effective unless made in writing, signed by both Parties, and dated after the date hereof. This Contract is non-assignable by Contractor.