2019 City of Albany Jazz Festival
Policies and Procedures
1. Only one business or organization may operate in each exhibit space. Sharing of booth space with other businesses or organizations is prohibited. Booth/tent space may not be reassigned or sublet. Vendors may not distribute, display, or sell products, literature, or other items from any business or organization other than the one specifically contracted with the City of Albany to rent the booth or tent space.
2. City of Albany reserves the right to change the location, dates, hours, or to terminate entirely the operation of the scheduled event, at any time and without prior notice to the vendor. The City of Albany will make reasonable efforts to provide advance notice to vendors of any changes or cancellations.
3. Items and products:
a. A Vendor Application must be completed, including a full list of all items or products to be sold, distributed free or sampled; these must be approved by the City of Albany prior to the start of the event.
b. Nothing may be sold or distributed free without prior consent of the City of Albany.
4. General Rules for Vendors:
a. Vendors must provide their own water, electric, tables and chairs.
b. Vendors must make their own arrangements for transport of their products, equipment, etc. to and from their exhibit spaces; event personnel are not available to assist, and the event cannot provide storage space for product, equipment, literature, etc. for Vendors.
c. Vendors must take full responsibility for set-up and other display materials; Jazz Festival personnel will establish set-up and takedown times.
d. Vendors must have personnel present and in their booths at all times during the official operating hours of the event: 12:00pm to 8:00pm
e. Vendors may not open or close earlier or later than the official operating hours, without express permission of the City of Albany.
f. Vendors must keep all displays, merchandise, etc. within the confines of the tent or space itself.
g. Vendors must keep boxes and cartons out of sight.
h. Vendors must maintain a neat and clean area, and provide refuse bags to condense and secure all waste produced by the booth.
i. Vendors may not hawk, peddle, sell, or advertise outside the assigned area.
j. Vendors may not distribute literature or other items to passers-by while standing outside of the assigned area.
k. Vendors may not have music or conduct activities that may be disruptive to neighboring Vendors, passers-by, or Jazz Festival personnel; City of Albany/ Jazz Festival personnel reserve the right to make such determinations.
l. Vendors must return the areas to their pre-event condition (if repair and cleaning costs are incurred and City of Albany/ Jazz Festival personnel determines Vendor is responsible, the Vendor will be billed for the cost of the repair.) Also the Vendor must comply with the September 1, 1992 New York State Source Separation Law when vending in the City of Albany (separate all waste for proper recycling and disposal).
m. Vendors must comply with the event’s parking regulations.
n. With the exception of food trucks or trailers, no vehicles of any type may be driven on the grass or sidewalks or parked on or near exhibitor’s assigned location during the event.
o. City of Albany may, for publicity purposes, use any photographs and information received or obtained.
p. Vendors must operate their business in a professional manner. At the discretion of the City of Albany, any Vendors, or any agents or employees of the Vendor who do not conduct themselves in a professional manner and according to the policies contained herein may be removed from the event. Event coordinators reserve the right to remove any objectionable merchandise from any booth. No merchandise shall be displayed or sold with the name “Jazz Festival” in any form.
q. Vendors that are using an electric generator or any other motor must soundproof that device to the satisfaction of the City of Albany. (This will be strictly enforced due to continual complaints. We suggest anyone using a generator to either have a backup that runs more quietly or to have their current one serviced. The City of Albany does have the right to make anyone not conforming to this or any policies or procedures shut down for the remainder of the event.)
r. If requested, vendors shall provide receipts of merchandise. Refunds will also be given if the purchaser is unsatisfied with quality.
s. Vendors that are cooking and/or vending food products (other than using deep-fryers) shall at all times have a 9lb minimum, commercial grade, ABC-type fire extinguisher within the permitted exhibition space. Vendors that are using deep fryers shall at all times have a 6-liter, K-type fire extinguisher within the permitted exhibition space. Vendors shall allow the Albany Fire Department to inspect said fire extinguisher, as well as the permitted exhibition space. The City of Albany maintains the right to close any exhibit not incompliance with the above policy.
t. Vendor must comply with City tobacco-free park legislation [Ordinance 38.52.14]. Effective January 1, 2015, all parks in the City of Albany are curb-to-curb tobacco-free. Smoking of any kind is prohibited. Vendors in violation of this policy may be subject to fine and may face revocation of permit or termination of contract for events.
u. As part of our low/no waste initiative, vendors must use plates and bowls that are either marked compostable in a commercial facility (as indicated on outer packaging) or provide uncoated paper plates, Chinet-type plates, and/or uncoated red & white checked French Fry boats – see https://www.webstaurantstore.com/
5. Vendors will be prohibited from the use of polystyrene foam containers, cups, or bowls. Also known as “Styrofoam”, these items are usually marked with the following symbol:
Any vendor found using the above mentioned products marked with this symbol will receive a warning. A second offense will result in immediate termination of contract and removal from event without a refund of vending fee. Moreover, no products shall be sold in glass containers.
6. To support our efforts to reduce unnecessary waste, please consider: using only paper or compostable straws (not plastic), using recyclable or commercially compostable cups and utensils, and placing your compost in our collections buckets, which volunteers will periodically empty for you. Commercial compost includes vegetable scraps, meat, fish, bones and soiled paper napkins and paper towels.
7. Permits/Certificates:
a. Vendors are solely responsible for collecting and paying all New York State sales taxes and shall properly display their New York State Sales Tax Certificate.
b. Vendors are responsible for obtaining and displaying event permits as required, and operating within any local, state, or federal guidelines or laws.
8. Vendor is solely liable for equipment (installation, operation, and tear down), and any other personal property at the event. Vendor represents the or she has insurance coverage for said items to cover loss due to vandalism, theft, or any other casualty. Security is provided at specific designated times; however, any losses due to fire, theft, damage, or injury are the sole responsibility of the Vendor. It is specifically agreed that the City of Albany, Jazz Festival and Jazz Festival personnel shall be held harmless for any claim of theft, vandalism, casualty, or loss.
9. The Vendor shall defend, indemnify, and save harmless the City of Albany, Jazz Festival the Jazz Festival personnel, and their employees and agents, from and against all claims, damages losses and expenses (including, without limitation, reasonable attorney's fees) arising out of, or in consequence of, any negligent or intentional act or omission of the Vendor and/or the Vendor’s employees or agents, to the extent of the responsibility of the Vendor and/or the Vendor’s employees or agents for such claims, damages, losses, and expenses.
10. Food vendors must procure and maintain Commercial General Liability insurance coverage with limits of $1,000,000 for each occurrence. An insurance certificate evidencing insurance coverage must be submitted not later than August 2, 2019.
11. Vendor shall not bring any animal or pet of any kind within the event, except any animal as defined as a service animal under the Americans with Disabilities Act (ADA); this includes vendor booth spaces.
12. Refunds:
a. If accepted into the festival; no refunds.
I have read, understand and agree to abide by the above policies and procedures. Upon acceptance of my application, this form will be binding and will represent the terms of the permit agreement: