2008 July 18 19 20 2008 FOOD VENDOR APPLICATION Application Deadline FRI by lju16692


Food Court Vendor Agreement document sample

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                        *** July 18, 19 & 20, 2008 ***

                          FOOD VENDOR APPLICATION

               Application Deadline: FRIDAY, MARCH 28, 2008

Artscape, the largest free, public arts festival in the country, features 150+ artists,
craftspeople and fashion designers, visual art exhibits both on and off site; incredible
live concerts on four outdoor stages; a full schedule of performing arts including dance,
opera, theater, film and classical music; demonstrations; workshops; an entire park
dedicated to children with entertainment, hands-on projects, interactive learning
experiences, take-away crafts, street theater and family fun; and an international menu
of food and beverages. Artscape is produced by the Baltimore Office of Promotion &
The Arts, Inc. (BOPA) on behalf of the Baltimore Festival of the Arts, Inc. (BFAI).

New for 2008!
   Expansion of Artscape to the Station North Arts & Entertainment District: Charles
     Street, from Mount Royal Avenue to Lafayette Street, is jam packed with cultural
     institutions, funky venues, new programming, art installations, live music and
     delectable dining. This new partnership makes Artscape even bigger and better
     in 2008!
   Due to construction, the Bolton Yards food court is no longer a part of the
     festival. Instead, Artscape plans to have five (5) food courts at various locations
     throughout the festival site (see enclosed map). These food courts will feature
     those food vendors who serve a full menu and/or are frying, cooking, grilling
     and/or using grease. Reminder: vendors who are frying, cooking, grilling and/or
     using grease must be in a food court.
   Artscape defines a food court as an area where vendors are grouped together,
     with room for appropriate infrastructure such as seating for patrons, space for
     working vehicles, trash, grease drums, ice service, storage, etc.
   One food court location in the parking lot at Charles Street and Mount Royal
     Avenue has been designated as the Green Food Court. This area will feature
     locally grown foods, fruits and produce, ethnic foods, organic foods and healthy
     prepared items. All items sold in this area must respect this sensibility, and also
     all items must be served on recycled or biodegradable containers. Food vendors
     in the Green Food Court must recycle. This food court will also house the
     popular DJ Culture stage. Only in the Green Food Court – vendors have the
     option of purchasing 20x20 spaces or 10x10 spaces.
    Novelty concessionaires (non-cooked/pre-prepared items such as sandwiches,
     kettle corn, nuts, ice cream, pretzels, pizzas, baked goods, drinks, etc.) may be
     sold in individual spaces along the streets. These vendors may apply to be in a
     food court, but they are not restricted to the food courts.

      Please feel free to call 410.752.8632 with questions about the changes.
      We stand ready to assist and work with you on a successful event.

2008 Calendar:
Friday, March 28: Application Deadline
Friday, April 11: Notifications Emailed
Friday, May 9: Space Rental Fee and Damage Waiver Fee Due (50%)
Friday, June 13: FINAL Payment Due
Friday, June 20: Food Vendor Guidelines Released
July 18, 19 & 20: Artscape

Application Fee:
A $25 non-refundable application fee must be included with your application.
Applications submitted without the $25 fee will not be processed. Please make check
payable to Baltimore Festival of the Arts, Inc. Application and $25 application fee
submission does not imply acceptance into Artscape. If accepted, you will
receive a letter of confirmation and an invoice for the space fee.

Application Fee Payment Information:
      Artscape will accept credit card, money order, or check.
      Please make checks payable to:
         Baltimore Festival of the Arts, Inc.
      Please mail check to:
         Baltimore Office of Promotion & The Arts / Attn: Carole Simon
         7 East Redwood Street, Suite 500
         Baltimore MD 21202
*All checks must be mailed to Carole Simon to ensure proper payment processing.

General Information:
     Site visits will be scheduled upon request before the application deadline.
        Please contact Carole Simon or Kathy Hornig at 410.752.8632 to schedule a
        site visit.
     Food vendors may not sell alcoholic beverages of any kind.
     Food vendors may be required to sell an official festival soda/bottled water at
        a fixed price point.
     Food vendors must use the festival’s official ice vendor.
     There are no direct, consistent water hook-ups at the festival.

PLEASE NOTE: Artscape does not grant “exclusive” menu item rights to any
vendor for any item, unless an appropriate sponsorship fee can be negotiated
for exclusivity.

    Artscape plans to have five (5) food courts throughout the festival site. Courts
      will be at the Main Stage, Festival Stage, Family Art Park/Light Rail Stop, DJ
      Culture Stage (the Green Food Court) and Charles Street.
      Food Court spaces are 20’x20’ and the fee is $5,000. The damage waiver,
      which will be returned via check within ten days after Artscape if your space
      passes inspection, is $500. If accepted into Artscape, you will be invoiced for
      two payments. We are pleased to announce that this is the same fee
      structure as 2007. Artscape does not collect a commission on your
    Vendors are encouraged to apply for renting/managing more than one Food
      Court Location. Vendors who are invited to take multiple locations may be
      invited to negotiate a different payment schedule.
    Your entire 20’x20’ space must be covered with protective flooring. There will
      be an additional fee for surface cover if it needs to provided by the festival.

        Spaces along Mount Royal Avenue, Cathedral Street and Charles Street are
         10’x10’. The fee for a 10’ foot frontage is $3500. Additional increments of
         frontage may be purchased at a rate of $350 per foot (ex. 10’x12’ space is
         $4200). Spaces are always 10 ft. deep because they are in the street. The
         damage waiver, which will be returned via check within ten days after
         Artscape if your space passes inspection, is $500. We are pleased to
         announce that this is the same fee structure as 2007. Artscape does
         not collect a commission on your sales.
        Novelty concessionaires (non-cooked/pre-prepared items such as sandwiches,
         ice cream, pretzels, pizzas, baked goods, drinks, etc.) may be sold the spaces
         along the streets.

Application, Review & Selection Process:
      Applications will be accepted until Friday, March 28, 2008 at 4pm. All
         applicants that are compliant and have submitted their application by the
         deadline will receive a notification of receipt.
      Decisions for participation are based on the following general guidelines:
          History with Artscape. All things being equal, the festival considers the
            vendor’s history with the festival.
          For Food Court vendors, the ability to rent and manage multiple
            locations. This is due to the new, multiple food court lay-out, and the
            festival’s goal is to streamline vendor outreach and management.
          Aesthetic design and presentation.
          Menu variety – the festival continues to seek a well-rounded menu of
            eclectic food choices for our guests, with limited cross-over wherever

             Successful compliance with health regulations – it is the festival’s
                 goal to exceed any and all health code specifications, thus providing our
                 guests a quality food experience.
             References – the festival will check references of all new applicants.
             Cooperation with festival officials, policies, guidelines and health
                 department restrictions.
           All selected food vendors will be notified no later than Friday, April 11, 2008.
           All applications are subject to final review and approval by Artscape’s
            Event/Festival management. The Artscape festival reserves the right to refuse
            any application.
           All decisions are final.
           Artscape reserves the right to negotiate menu items, price points, fees,
            locations, etc. with those vendors invited to participate in the festival.
           Artscape reserves the right to modify or change logistical plans such as specific
            food court locations.

Contact Information:
The contact will receive all festival information – acceptance notice, guidelines, parking
pass, festival updates, etc. Please be sure to include a valid email address –
most festival information will be communicated via email.

Contact Name

Company Name


City, State, Zip

Phone                                                  Cell

Email                                                  Fax ____


Space Requests:
20’ x 20’ space in one or multiple food courts
Keep in mind your location request/s is NOT guaranteed. Please select each food court
where you would like to have a space.

___ Main Stage                                 ___ Festival Stage

___ Family Art Park                            ___ DJ Culture Stage (Green Food Court)

___ Charles Street                             If you would like a 10x10 space in the
                                               Green Food Court, please indicate:


___ 10x’10’ space on the street

      Additional 10’ increments: _________

      Total space request: _____________

If location is important to you, please indicate your first and second location choice.
Keep in mind this location request is NOT guaranteed.

______ Mt. Royal Avenue             ______ Cathedral Street

______ Charles Street

Please Note: Trucks and service vehicles will NOT be located directly behind your sales
location. They will be positioned in a staging area. You may have one working vehicle
in the staging area.

_____ YES, I will need (1) parking pass for a working vehicle (size: ______________)

If this vehicle needs power, please describe its electrical requirements:

Artscape does not provide additional parking for more working vehicles, personal
vehicles, staff or RVs. We will be happy to suggest options to our vendors.

Food Preparation:
Please check equipment you will use for your food preparation.
         Charcoal grill
         Deep Fat Fryer
         Propane grill
         Other – please describe: ____________________________________________

Food Classification:
Please check the one that best describes your menu.
         American (Hot dogs, burgers, fries, onion rings, cheesesteaks)
         Asian (Stir fry, rice, vegetables, chow mein)
         BBQ (BBQ pork, BBQ chicken, BBQ beef)
         Cajun (Jambalaya, Creole, gumbo)
         Frozen Drinks (Non-alcoholic smoothies and fruit slushies)
         German (Bratwurst, knockwurst, sauerkraut)
         Ice Cream (Soft serve, frozen yogurt, cones)

        Italian (Pasta, spaghetti, pizza, calzones)
        Kid Friendly (Fries, chicken tenders, popcorn)
        Mediterranean (Gyros, Mediterranean salads, pita wraps)
        Mexican (Tacos, burritos, chips and cheese)
        Natural/Organic (Fruits, vegetables, whole grains, salads, healthy prepared)
        Seafood (Crab, lobster, shrimp, fish)
        Specialty/Novelty (Desserts, frozen drinks, popcorn, nuts, pretzels, shaved
        ice, ice cream, smoothies)
        Please specify: __________________________________________________
        Other (please describe): ___________________________________________

Proposed Menu:
Only the foods listed on the original application and/or approved by Artscape
may be sold at the festival! Artscape reserves the right to ask vendors to
modify or remove specific menu items.
    Item:                                                              Price:

                    Please attach additional sheets if necessary.

Artscape History:
Has your company participated at Artscape previously?

         If so, what year(s)? _______________________________________________


Please include the following MANDATORY items with your application.
               $25 non-refundable application fee (credit card - via PayPal), check or
               money order, payable to Baltimore Festival of the Arts, Inc.

               Certificate of insurance naming BFAI, Inc., BOPA, Inc., the Mayor and
               City Council of the City of Baltimore, its elected/appointed officials,
               employees and agencies as additionally insured (may be provided with
               application or upon acceptance into Artscape).

               Photo or sketch of your booth layout with accurate dimensions.

               If you have never participated in Artscape, please list three (3)
               professional references with contact information (festivals preferred).

1. _____________________________________________________________________

2. _____________________________________________________________________

3. _____________________________________________________________________

Mail application by Friday, March 28, 2008 to:
Carole Simon, Special Events Coordinator
Baltimore Office of Promotion & The Arts, Inc.
7 East Redwood Street, Suite 500
Baltimore, MD 21202
Re: Artscape Food Vendor Application
Please note: all applications must be postmarked on or before Friday, March 28, 2008.
Mailing on the due date does not assure that your submission will be postmarked on the
same date.

Signature Required: By signing this agreement I fully understand and agree to abide
by the guidelines, stipulations and conditions described herein and those contained in
Artscape Vendor – Terms and Conditions.

Signature:                                          Date:

Print name:                                         Title:                 ___________

               Please retain a copy of this application for your records!

Artscape Vendor Agreement – Terms & Conditions

Refunds are not issued if the vendor cancels their space.

   1. The Baltimore Office of Promotion & The Arts, Inc. (BOPA) reserves the right to
       determine and assign the Vendors’ onsite tent location. Our goal is to create a
       successful experience for all of our participants. However, due to the large-scale
       nature of the festival’s logistics, BOPA will not honor Vendors’ requests to change
       or move its tent location at any time.
   2. This application, when properly executed, shall constitute a valid and binding
       agreement between the Vendor and the Baltimore Office of Promotion & The
       Arts, Inc. (BOPA) acting on behalf of the Baltimore Festival of the Arts, Inc.
       (BFAI). BOPA reserves the right, in its sole and absolute discretion, to reject any
       application, or to limit participation in Artscape.
   3. The terms, conditions and directions of the Vendor Guidelines, as amended from
       time to time by BOPA, shall be provided to vendors no less than seven days prior
       to Artscape. The guidelines shall be considered a part of this agreement. Vendor
       is responsible for reviewing the Guidelines carefully and be familiar with its terms
       and conditions therein.
   4. The Vendor contact listed on the application portion of this agreement shall be
       authorized to make all decisions regarding exhibiting at Artscape.
   5. Vendor shall pay all sales or other taxes, fees and assessments required by any
       applicable federal, state or local law in connection with Vendor’s participation in
       Artscape. Vendor shall indemnify, defend and hold BOPA harmless for any taxes
       (including fees and penalties, if any) required to be paid by BOPA in connection
       with the Vendor’s activities under this contract. Vendor shall provide BOPA with
       all requested documentation to evidence Vendor’s compliance with tax laws and
   6. Under no circumstances shall BOPA be liable for consequential, indirect, special
       or punitive damages of any kind in connection with its activities or omissions
       under this agreement regardless of whether such damages were foreseeable.
   7. Failure by Vendor to adhere to any provision of this Agreement may result in
       cancellation of this agreement.
   8. Vendor may not assign this agreement or trade, sell, share or otherwise transfer
       the advertising or exhibiting rights provided for in this agreement.
   9. Waiver of any term of this agreement or failure of BOPA to terminate this
       agreement on account of any breach by Vendor shall not be deemed a waiver of
       BOPA’s rights to subsequently enforce any term or to terminate this contract by
       reason of any subsequent breach by Vendor.
   10. Vendor agrees that no representations of any kind have been made to Vendor by
       BOPA or by any of its agents and that no understanding has been made or
       agreement entered into other than as set forth herein.

Liability and Insurance:
   11. The Vendor agrees to indemnify, defend and hold harmless Artscape; the Mayor
        and City Council of Baltimore; Baltimore Festival of the Arts, Inc. and the
        Baltimore Office of Promotion & The Arts, Inc. from all claims of liability, whether
        arising at law or in equity, for property damage, death, personal injury, and any
        related losses or claims for such losses, resulting from the direct or indirect act or
        omission of the Vendor, its agents, servants or employees.
   12. BOPA, Inc., Artscape/BFAI, Inc. sponsors and the employees, representatives
        and agents of each shall not be liable for any claims, liabilities, costs and charges
        (including attorneys’ fees and costs) for injury, loss or damage to property or
        persons (including death) arising out of Vendor’s activities in connection with
        Artscape, or any breach of representation, warranty or covenant in this
   13. The Vendor is an independent contractor under this contract and has no
        employee, partnership, co-venture, agent or other such relationship with
        Artscape/BFAI; the Mayor and City Council of Baltimore; and the Baltimore Office
        of Promotion & The Arts, Inc.
   14. The Vendor is solely responsible for securing appropriate insurance to cover
        his/her operations, including storage at an on-site location if provided by
        Artscape/BFAI; the Mayor and City Council of Baltimore; and the Baltimore Office
        of Promotion & The Arts, Inc., in such amounts as he/she may deem necessary.
        Artscape/BFAI; the Mayor and City Council of Baltimore; and the Baltimore Office
        of Promotion & The Arts, Inc. have no responsibility for any damage or loss of
        property of the Vendor. Vendor must provide proof of insurance for their
        business. If you do not carry a business insurance policy, you are advised to
        consider 1 day or multi-day event insurance a qualified insurance company.
        Proof of insurance is not due until you are accepted to the festival.
   15. The Vendor agrees to have as a minimum requirement Automobile Liability
        Insurance with a limit no less than $100,000.00 combined single limit each
        accident for use of owned, hired and non-owned vehicles used on festival site.
   16. Refunds are not issued if the Vendor cancels their space.
   17. Artscape takes place rain or shine; however in the case of dangerously inclement
        weather, Artscape reserves the right to close the event. The festival will re-open
        when deemed safe by the Baltimore City Fire Department.

   About This Agreement:
   18. Should the Vendor fail to fulfill any of his/her obligations pursuant to this
       agreement, Artscape may terminate this agreement upon notice to Vendor.
   19. The waiver of any term of this agreement, or the failure of Artscape to insist on
       strict compliance and prompt performance of any terms of this agreement,
       followed by the acceptance of such performance thereafter, shall not constitute
       or be constructed as a waiver or relinquishment of any right by Artscape to
       enforce all terms strictly in the event of a continuous or subsequent default.
   20. Each provision of this agreement shall be deemed to be a separate, severable,
       and independently enforceable provision. The invalidity or breach of any
       provision shall not cause the invalidity or breach of the remaining provisions or of
       the agreement, which shall remain in full force and effect.

21. This agreement shall in all respects be construed in accordance with and
    governed by the laws of the State of Maryland and subject to the jurisdiction of
    its courts. Furthermore, the parties hereto agree that any suits or actions
    brought by either party against the other shall be in a court of competent
    jurisdiction in Baltimore City.
22. This agreement, together with any exhibits and attachements, contains the
    entire agreement between the parties and supersedes any other agreements or
    representations between them, whether oral or written. No provisions of this
    agreement may be amended, waived or modified except by a written agreement
    signed by both parties.
23. Submission of an application shall constitute agreement with all conditions in this
    prospectus. Please keep this sheet for your records.


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