PLEASE READ ENTIRE CONTRACT
2020 JOSEPHINE COUNTY FAIR
FOOD CONCESSIONAIRE AGREEMENT
FAIR DATES AUGUST 19 - 22, 2020
“Josephine County…No Place I’d Rather Be”
This Agreement is made by and between Josephine County (“County”) and (“Concessionaire”), under the following terms and conditions:
Name of Business: Contact Person: Address: City: State:Zip: Contact Phone: Alternate Phone: Email:
Proposed Menu: Please attach specific information on all proposed food, beverages and prices to be offered during the Josephine County Fair.If the menu is extensive, indicate any preferred items.No drinks may be served in glass bottles
** SELECTION OF FOOD CONCESSIONAIRE BOOTH IS BASED UPON DATE OF RECEIPT OF A SIGNED AGREEMENT, PAYMENT IN FULL & PICTURE OF BOOTH SET-UP **
SIGNED AGREEMENT, PAYMENT IN FULL, PICTURE OF BOOTH SET-UP
& CERTIFICATE OF INSURANCE IS DUE ON OR BEFORE JULY 10, 2020.
EARLY BIRD SPECIAL SAVINGS OF 20% ONLY IF SIGNED AGREEMENT, PICTURE OF BOOTH
SET-UP, CERTIFICATE OF INSURANCE, & PAYMENT IN FULL ALL AT SAME TIME BY JUNE 1, 2020.
COUNTY HEALTH DEPARTMENT LICENSING FEES AND INSPECTIONS WILL APPLY.
Daily Accounting Requirements: Concessionaire shall maintain daily accounting records on a double tape cash register with a Z reading of gross receipts or use point of sale software. Each day, the Concessionaire shall furnish the Fair Office with one copy of the cash register Z tape/software report as a statement of the gross receipts for the previous day.
CONCESSIONAIRE WILL NOT BE PERMITTED TO OPEN BOOTH WITHOUT A CASH REGISTER OR POINT OF SALE SOFTWARE.
PAYMENT OF 17% OF TOTAL GROSS RECEIPTS IS DUE IN THE FAIR OFFICE
NO LATER THAN 5:00 PM ON FRIDAY, AUGUST 28, 2020.
Food Concessionaire Vendor Passes: Food Concessionaire will receive 24 – 36 (permanent booth) DAY PASSES and (2) VENDOR PARKING PASSES.
Additional DAY PASSES are available for $5 each (or $20.00 for a 4 - DAY SEASON PASS).
Additional VENDOR PARKING PASSES may be available for $15.00 each (this is for a 4-day pass).
Food Concessionaire Booth Operating Hours: Concessionaire booths on the Midway must remain open from 10:00 a.m. until 11:00 p.m. Wednesday through Saturday. Booth must be staffed at all times by a representative of the Concessionaire. On the last day of the Fair, there will be no early tear down permitted.No vehicles will be allowed on the Fairgrounds’ property after the Fair closes until Security Personnel have opened the main gates.
GENERAL INFORMATION AND GUIDELINES FOR FOOD CONCESSIONAIRES
- Food Concessionaire booths will be selected based on the following parameters:
- County reserves the right to inspect Concessionaire’s booth at any time for compliance with listed items and use of booth space as specified in the Agreement.
- County is sensitive to the concerns of Concessionaires regarding product competition; however, County cannot offer exclusives.
- Smoking is prohibited outside of the designated smoking areas. MARIJUANA AND CONTROLLED SUBSTANCES ARE PROHIBITED ON COUNTY PROPERTY.County reserves all rights to immediately shut down the booth, terminate the Agreement and withhold all fees in the event that marijuana or controlled substances are used, sold or displayed. No alcoholic beverage may be sold or consumed except in designated areas.
- Helium balloons are allowed for decoration purposes only.
- No dogs allowed in booths or on the Fairgrounds’ property except service dogs and/or dogs that are part of an event.
- No personal use of motorcycles, all-terrain vehicles (ATV), skateboards, bikes, golf carts etc. allowed with the exception of electric scooters/wheelchairs for the handicapped.
- County cannot guarantee that aisles, pathways or sidewalks will be kept free from obstructions due to persons crowding, standing or sitting.
- Exhibitor shall comply with all laws of the State of Oregon and Josephine County.Any person(s) who willfully damage or destroy any property on the Fairgrounds or in any way interfere with the management of the Fair, shall be liable to prosecution and will be held responsible for the costs of repair or replacement.
- Date of receipt of a signed Agreement, picture of booth set-up with the balance paid in full on or before July 10, 2020.
- A returning Concessionaire in good standing will be given preference.
- Booth size and menu items that fit well with the Fair.
Payment and Refund Policy: Concessionaire will not be allowed to move into assigned space without full payment and receipt of Certificate of Insurance. Cancellation of Agreement prior to July 1, 2020 shall entitle Concessionaire to 100% refund of booth reservation fee paid.After July 1, 2020, $250 of booth reservation fee paid is non-refundable
Exhibit Clean-up/Removal: Concessionaire must provide waterproof, covered containers to hold refuse thus preventing leakage onto floor and will be responsible for emptying this container daily or more frequently as required.If leakage occurs onto floor or into other Concessionaire’s booths, the Concessionaire may be subject to a $25.00 cleaning fee for each occurrence. NOTE:There may be an additional charge if gray water dump is required.
Concessionaire must remove FRYER OIL before vacating booth at the conclusion of the Fair.
Camping: RV camping may be available but is restricted to the RV camping area designated by the Fairgrounds.Full hook-ups, water & electric only or dry camping are available for a fee.NO TENT CAMPING IS ALLOWED. Contact the Fairgrounds and Event Center Office at (541)476-3215 for information and reservations.Be sure to make your reservations early, as space is limited.A parking permit will be issued to ALL campers.Those not having the proper parking permit in their camping unit will be towed at Owner’s expense.
1. TERM: This Agreement shall commence upon the last date signed below and shall continue until 11:00 p.m. on August 22, 2020.
2. OBLIGATIONS OF COUNTY:County will provide Concessionaire booth space as indicated above in this agreement on the Midway and 20 amp of electricity.Standard booth space is up to 10 feet x 20 feet and includes one (1) 120 V outlet for electricity. Electricity is limited on the Midway and the Fairgrounds may not be able to provide more than 20 amps. All booths are subject to Oregon State Fire Marshal regulations.County will have Security Personnel on grounds beginning Tuesday evening August 18, 2020 through 8:00 AM Sunday morning August 23, 2020.
3. OBLIGATIONS OF CONCESSIONAIRE:
3.1 Set-up booth on Tuesday, August 18, 2020 between 10:00 a.m. and 7:00 p.m.
3.2 Concessionaire will follow all rules and regulations of the Josephine County Health Department regarding licensing and cleanliness. Concessionaire shall operate the booth in a safe manner, so as not to endanger the health, safety or welfare of any person.
3.3. Comply with Oregon Fire Code requirements for Food Concessionaires (attached as Addendum A)
a. If cooking is being conducted in booth, Concessionaire shall adhere to Fire Marshal’s requirements regarding fire extinguishers and hood ventilation systems.
3.4 Post a menu and prices for all menu items.
3.5 All activities and advertising shall be confined to Concessionaire’s assigned space and in no case may extend to any other part of the Fairgrounds. No solicitous behavior such as stepping out of booth and approaching customers is allowed. No canvassing/solicitation is allowed on any part of the Fairgrounds.
3.6 Concessionaire shall not serve any drinks in glass containers. Concessionaire agrees that alcohol is not to be sold or consumed in the booth and that marijuana and all controlled substances are prohibited on County property.
4.INSURANCE: Concessionaire shall maintain Workers' Compensation Insurance as required by Oregon law and General Liability Insurance with minimum limits of liability, per occurrence, of $1,000,000 for bodily injury and $1,000,000 for property damage.Liability coverage shall be provided on an "occurrence" basis if it is available. "Claims made" coverage will not be acceptable unless Concessionaire cannot obtain occurrence coverage. The County reserves the right to determine whether occurrence coverage is available.All insurance policies must name Josephine County as an additionally named through an insurance company licensed in the State of Oregon.The insurance policy shall provide that “Josephine County” shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments, Districts and Offices of Josephine County and the individual Members, Employees and Agents thereof in their official capacities.All insurance policies shall be evidenced by Certificates of Insurance, which shall be delivered to County at the Josephine County Fairgrounds and Event Center Office prior to accessing of Concessionaire’s booth on County property.
5.1 Concessionaire shall defend, indemnify and hold harmless County, its Officers, Agents and Employees, from any and all claims, liabilities, demands, damages, actions or proceedings arising from or relating to the negligence, wrongful acts, or omissions in connection with the operation of a Food Concessionaire booth under this Agreement.
5.2 Concessionaire shall assume all risk for loss or damage for whatever reason to equipment and/or personal property.Concessionaire shall assume all risk for loss or damage for whatever reason for any injury to any persons arising out of the operation of the of the Concessionaire’s booth under this Agreement.Concessionaire hereby waives, releases and discharges Josephine County and the Josephine County Fair Board, their Officers, Agents and Employees from any and all claims, losses, suits, damages, liabilities and proceedings of any kind and whatsoever nature which may arise at any time for any damages or injuries to any persons or property arising or resulting from this Agreement.
5.3 County shall defend, indemnify, reimburse and hold harmless Concessionaire, Officers, Agents and Employees, from any and all claims, liabilities, demands, damages, actions or proceedings arising from or relating to the negligence, wrongful acts or omissions of County in connection with this Agreement.
5.4 Concessionaire shall not be deemed an Agent of County under the Oregon Tort Claims Act.
6. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon.
7. TERMINATION: Either party may terminate this Agreement immediately upon a major breach by the other party.A major breach includes, but is not limited to: acts or omissions that jeopardize the health, safety or security of any person; malfeasance by either party's Officers, Agents or Employees; intentional refusal to comply with the provisions of this Agreement; or a pattern of repeated non-material breaches.
8. FORCE MAJEURE: Neither County nor Concessionaire shall be held responsible for delay or default caused by fire, riot, civil disobedience, acts of God, or war where such cause was beyond the control of either party. Both parties shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement.
9. NO THIRD PARTY BENEFICIARY: County and Concessionaire are the only parties to this Agreement and are the only parties entitled to enforce its terms.Nothing in this Agreement gives any benefit or right to any third persons unless such third persons are individually identified by name and are expressly described as intended beneficiaries of the terms of this Agreement.
10. AMENDMENT OF AGREEMENT: This Agreement may be amended or modified only when reduced to writing and signed by both parties.
11. ENTIRE CONTRACT: This Agreement constitutes the entire agreement between the parties.There are no promises, agreements, conditions or understandings, either oral or written, between the parties other than those set forth in this Agreement.This Agreement supersedes and cancels any prior written or verbal agreement between the parties for similar services.
By signing below, the Concessionaire agrees that the information provided on this Food Concessionaire Agreement is accurate. Concessionaire certifies to have read and agrees to abide by all rules and general information guidelines presented in this Agreement.Concessionaire agrees to abide by Fire Marshal regulations governing food booths at the Josephine County Fair (Attached as Addendum A).
If you have filled out and submitted the form, you can send the rest of the information by:
MAIL or EMAIL Pictures of booth set-up and Certificate of insurance and call with payment.
PLEASE MAKE CHECKS PAYABLE TO: Josephine County Fair
You may pay by Visa/Master Card/Discover/Debit cards by Calling: 541-476-3215
Josephine County Fairgrounds & Event Center
P.O. Box 672
Grants Pass, Oregon 97528
Online registration at: www.josephinecountyfairgrounds.comClick…2020 FAIR tab