DEFINITION OF NON-PROFIT VENDOR:
A non-profit vendor is a vendor that plans to participate in a Parks & Recreation Special Event as a method to market its organization. The vendor must be a 501(c)3 organization – and be prepared to provide a copy of its status, should the organization be asked. Exceptions for the 501(c)3 status will be made if evidence is provided that the organization has an ample history of charitable work in the Pearland area.
ITEMS/SERVICES:
Pearland Parks & Recreation reserves the right to deny the give-away of any particular item or service. In such an instance, the vendor will be contacted to discuss alternatives. No non-commercial forum is permitted. Vendors can only disseminate: name of their organization, location/address, regular business hours, information (name of events, dates, times, locations) about their upcoming events. Anything else is not permitted. A confirmation of all approved items/services will be provided, along with notice of acceptance prior to the event.
Exclusivity is not guaranteed; however, every effort will be made to prevent an overabundance of similar products or services from being sold or given away.
The sale of raffle tickets is prohibited at Pearland Parks & Recreation Special Events. While we understand raffles are a popular money-making tool for many organizations, it is not feasible for event management to guarantee all raffles are in compliance with the Charitable Raffle Enabling Act, Chapter 2002 of the Texas Occupations Code. If a raffle does not meet the specific requirements set forth in the Occupations Code, it is illegal and participation, as a buyer or seller, creates the risk of criminal liability under the gambling provisions of Chapter 42 of the Texas Penal Code. Non-profit vendors may raffle an item that attendees enter for at no cost to themselves (for example, door prizes or a raffle of a jar of jellybeans may be accepted as long as there is no fee or purchase required to participate).
BOOTH SPACE/LOCATION:
Booth space will consist of 100 square feet of operational space (10’ x 10’). If you need larger booth space, you must seek approval from event coordinator. All events are outdoors. Vendors will also have the opportunity to promote your company/business on-site with coupons, menus, promotional materials and name-identified uniformed employees. Booth location is determined by Pearland Parks & Recreation and is non-transferable.
EQUIPMENT/ELECTRICTY:
Vendors are responsible for providing all operational equipment, including but not limited to: tables, chairs, canopies, tents, generators, etc. Vendors must bring their own power supply and extension cords. For safety reasons and the amount of noise generators produce, generators are not allowed at all events. Prior approval by event coordinator is required in order to use a generator.
DECORATIONS:
All decorations must be tasteful and reflect the theme of each individual event. No combustible decorations shall be located under cooking tents. Decorations in all tents that are not used for cooking, shall be limited to combustible decorations on 10 percent of walls and ceilings unless treated with flame retardant criteria of NFPA 701.(IFC 2404.2) Decorations must be within boundaries of allotted booth space. The ground, pavement, walls, poles, etc., surrounding booth space must not be damaged or defaced in any way. If vendor damages any event property, in any way (nails, staples, paint, etc.), vendor agrees to pay damages therein.
MARKETING/PROMOTION:
Vendors agree that all marketing and promotional material will be distributed ONLY from assigned booth location. No member of the organization is to distribute information verbal or printed more than five (5) feet from the assigned booth space. Violating this policy will cause your organization to be dismissed from the event grounds without a refund. In addition, your organization will not be allowed to participate in future City sponsored events.
VENDOR BEHAVIOR:
Vendors agree to behave in a professional manner or be dismissed from the event and will not be allowed to participate in future City of Pearland events. Any vendor suspected of smoking, alcohol or drug usage during the event, set-up or take-down will be dismissed from the event without a refund. Excessive complaints (two or more) from event participants, staff, or patrons will result in dismissal from the festival grounds without a refund. In addition, your organization will not be allowed to participate in future City sponsored events.
EVENT HOURS:
Vendor agrees to operate throughout all hours of the event and agrees to remain in booth until official closing time. If vendor arrives past the specified set-up time for the event, vendor will not be allowed admittance and a refund of the deposit and booth fee will not be given. If a vendor does not show up on the day of the event this will result in a forfeit of your deposit and booth fee will be retained.
GENERAL SUPERVISION:
Vendor is an independent contractor and retains the sole right to control and/or direct the manner in which the services described herein are to be performed and details of all work performed by the vendor, its employees and representatives. Subject to the foregoing, Pearland Parks & Recreation retains the right to inspect the progress of the work performed by the vendor. Pearland Parks & Recreation has the limited right to stop the work, to prescribe alterations and generally oversee the work only to insure its conformity with that specified herein. Pearland Parks & Recreation’s general oversight is in no way intended to assume control or to direct the details of the vendor’s work, which duties remain solely with the vendor.
DISCLAIMER:
The event will be held rain or shine to the best abilities of the Pearland Parks & Recreation Department. Pearland Parks & Recreation makes no representation as to the number of potential event attendees and assumes no liability for any financial loss due to vendor’s operation at the event.
INDEMNITY:
VENDOR SHALL PROTEST, DEFEND, INDEMNIFY AND HOLD THE CITY OF PEARLAND AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, THE EVENT SPONSORS AND THEIR AFFILIATES FREE AND HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS OR OTHER LITIGATION (INCLUDING ALL COSTS THEREOF AND ATTORNEY’S FEES) OF EVERY KIND AND CHARACTER ARISING AGAINST THE CITY OF PEARLAND AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, THE EVENT SPONSORS AND THEIR AFFILIATES OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO, PERSONNEL FURNISHED BY VENDOR OR ITS VENDORS AND SUBCONTRACTORS OF ANY TIER) ON ACCOUNT OF BODILY INJURY (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF PROPERTY IS CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL ACTS OR CONDUCT AND/OR STRICT LIABILITY OF VENDOR, ITS VENDORS OR SUBCONTRACTORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, OR ANYONE OR MORE OF THEM IN CONNECTION WITH THE EVENT.
By submitting this application, vendor acknowledges that they have read and agree to the contents of the City of Pearland non-profit vendor information that has been provided.
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