Night Brunch Vendor Application

Rules:
Set-up begins at 2 hours before doors open. All booths/tents/food trucks must be set up and all vehicles, except food service trucks, off the site 30 minutes before the event opens. No exceptions. For the safety of our visitors, if you arrive late all fees will be forfeited and you will not be permitted to participate in the event.

Parking will be available in the Four Mile Historic Park along Exposition Avenue - no parking in the Four Mile Parking Lot.

All efforts must be made to ensure the continued protection and preservation of the site. All vendors are responsible for clean-up and removal of all trash and debris in their vending area. Vendor will be held responsible for any or all damages to the site including, but not limited to damages to fences, vegetation, buildings, and/or equipment.

Vendor is responsible for payment of all applicable state and local taxes.

Four Mile Historic Park, Inc. assumes no responsibility for damage or loss to the Food Truck, its property, employees, or guests. All Food Trucks must post the name, address and telephone number of the owner, operator and permittee or business. This shall be legible and clearly visible to all guests.

Food vendors must possess proper license and display at the event.

Vendor’s designated person must remain on the premises for the duration of the event. No vehicles will be allowed on the grounds until after the event ends each day.

Vendor must provide own shelter, tables, chairs, & power source if needed.

Except in the case that the event is cancelled by an authorized Four Mile Historic Park, Inc. representative, all fees will be retained.

The services to be performed by the Vendor are those of an independent contractor and not of an employee or agent of 4MHP.

Insurance coverages shall be as follows, and where possible, shall name the City and County of Denver, its elected and appointed officials, employees and volunteers, and Four Mile Historic Park, Inc., as

Additional Insured:
A. Workers' Compensation & Employer's Liability. The Vendor shall maintain during the life of this Agreement for all of the Vendor's employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee.

B. Commercial General & Vehicle Liability. The Vendor shall maintain during the life of this agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this agreement. Commercial General Liability Insurance, including Bodily Injury and Property Damage Liability, Independent Contractors Liability, Contractual Liability, Product Liability and Completed Operations Liability shall be in an amount not less than $1,000,000 per occurrence, and $1,000,000 aggregate.
Vendor must abide by the City and County of Denver’s Anti-Discrimination Ordinance, which prohibits discrimination of services based on race, age, gender, gender variance, sexual orientation, marital status, religion, national origin, and physical or mental disability. In connection with the performance of work under this agreement, the Vendor agrees not to refuse to hire, discharge, promote, or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, gender identity, gender variance, or gender expression, age, military status, sexual orientation, marital status, or physical or mental disability; and the Vendor further agrees to insert the foregoing provision in all subcontracts hereunder.
Vendor hereby agrees to defend, indemnify, and hold harmless 4MHP, its officers, agents and employees; and the City and County of Denver (hereafter referred to as “the City”), its appointed and elected officials, agents and employees; against all liabilities, claims, judgments, suits or demands for damages to persons or property arising out of, resulting from, or relating to the work performed by Vendor under this Agreement (“Claims”). This indemnity shall be interpreted in the broadest possible manner to indemnify 4MHP and the City for any acts or omissions of Vendor or its subcontractors, either passive or active, irrespective of fault, including 4MHP’s or the City’s concurrent negligence whether active or passive, except for the sole negligence or willful misconduct of 4MHP or the City. Vendor will defend any and all claims which may be brought or threatened against 4MHP or the City and will pay on behalf of 4MHP or the City any expenses incurred by reason of such claims including, but not limited to, court costs and attorney fees incurred in defending and investigating such claims or seeking to enforce this indemnity obligation.

Vendor understands that the above agreement may be suspended or terminated by the Manager of Denver Parks and Recreation, as appropriate, if it is determined that the concessionaire has (1) failed to comply with applicable health and safety laws (local, state, and federal), (2) failed to pay applicable taxes, fees, fines, or charges (local, state, and federal), (3) failed to substantially conform with other applicable law, or (4) failed to follow 4MHP policies and procedures.
No waiver of any provision in this agreement at any time shall be construed as a waiver of any other provisions of this agreement.

This agreement shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties.
The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this agreement. In the event any provision of this agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this agreement.