1. The Vendor shall perform said services as set out above as an independent Contractor and not as an employee of the City of Midland, and shall be solely responsible for the means and methods and the proper performance of the services in compliance with the terms, requirements and specifications of this Agreement.
2. The Vendor shall submit a Certificate of Insurance prior to the Softball Event.
3. Nothing in this Agreement shall require the Vendor to perform services exclusively for the City of Midland.
4. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin, and shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990 as enacted and as amended and any other applicable federal, state, or local law or regulation.
5. The Vendor agrees to sign a Release and Hold Harmless Agreement outlined in this Agreement.
6. The Vendor shall have the right to employ or retain such assistance as may be required for the performance of services under this Agreement. The Vendor shall be solely responsible for the compensation, insurance, taxes, withholding, and all clerical detail pertaining to such assistance.
7. Parks and Recreation has a pre-established location for vendor carts. If you wish, you can meet with a City representative to determine your location prior to the event.
8. Power is not guaranteed but is accessible in certain locations. If you require power, you must supply your own unless an agreement with the Parks and Recreation office prior to the event has been establish. Please be wary of loud generators that would detract from the event. In the event that you have a loud generator please work with Parks and Recreation and the Tournament Director on accommodating.
9. Only food concessions and beverages shall be sold. If you intend to sell any other items such as clothing, equipment, memorabilia, etc., you must obtain written approval from the City of Midland Parks & Recreation office prior to the event.
10. Should you have any questions or problems while on site please contact Jesse Stewart at 989-513-1077. Should you be unable to make contact with Jesse, please contact the Mobile Crew at (989) 513-0812.
11. The Vendor must keep their area presentable during the Softball Event and is responsible for picking up all trash, litter and debris associated with your activities at in the park immediately following the event. Trash receptacles are available. Special attention must be taken to prevent oil stains, spills or dumping. Failure to comply may result in the loss of the damage deposit. All cooking oils, cardboard boxes and other vending or cooking debris must be carried out for disposal or recycling.
12. Sale of alcohol is prohibited unless approved in writing by the City of Midland Parks & Recreation office prior to event.
13. The Parks and Recreation Department reserves the right to remove you as a Vendor from Softball Events if we feel that you are not complying with this Agreement and the guidelines set forth by Parks and Recreation.
TOURNAMENTS
1. All scheduling will come through the Tournament Director (Tournaments). 2. Notification to the Vendor if there is a change of event or cancellation will come directly from Tournament Directors. It is the sole responsibility of the Tournament Directors to contact the Vendor in the event of a cancellation.
LEAGUES
1. All Scheduling will come through the Parks and Recreation and Recreation Coordinator. 2. Vendor is responsible to check rainout line 989-399-0506 for changes of event or cancellations.
In consideration of entering into this Agreement effective on the signed date with the City of Midland, the Vendor agrees to indemnify and release and hold harmless the City of Midland, its past, present and future officials and officers or board and commission members, employees and agents, from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorney’s fees), which may hereafter suffer, incur, be responsible for or pay out as a result of bodily injuries (including death) to any person, damage to any real or personal property, or any violation or alleged violation of statutes, ordinances, orders, rules or regulations of any governmental entity or agency, directly or indirectly, caused by or arising out of this Agreement by the Vendor in connection with any City of Midland programs or events.
This release extends to and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability, and the consequence thereof. The provisions of any state, federal, local or territorial law or statute providing in substance that releases shall not extend to claims, demands, injuries or damages, which are unknown or are unsuspected to exist at the time to the person executing such release, are hereby expressly waived. The undersigned agrees to assume and be the responsible party for all damages to the premises and property of the City of Midland arising out of or related to in any way the use of such premises and property by the undersigned.
Having read the entire agreement written herein above I/we, agree to offer the above services and to adhere to the conditions of this agreement. By clicking I agree, you agree to these conditions.
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