2021 Bend Oktoberfest Vendor Agreement
    ​for DBBA Members ONLY

    The Bend Oktoberfest (“EVENT”) is a free community event produced by Downtown Bend Business Association to raise funds for beautification efforts like the flower basket program, holiday decorations, bike racks, landscaping, daily cleaning & other special projects. These activities help keep Downtown Bend vibrant.  Time and date for this year’s EVENT is: Saturday, September 25, 2021
    Section 1. VENDOR Requirements
    VENDOR agrees to the conditions set forth in this Agreement.  Non-compliance and/or failure to execute any items will result in non-refundable termination from participation in all events (both on-site and for future events pre-contracted and paid for).

    ADA:     In an effort to make all of our events accessible for everyone, VENDOR shall pay attention to the following accessibility guidelines from the City of Bend:
    • Service counters & menus should be no more than 36 inches from the finished floor or the ground, and the width must be at least 36 inches wide.
    • All paths of travel must be free from cords and other obstructions. Cords may be covered with rugs, but rugs must be taped down on all sides.
    • For more information please contact the City of Bend 541-693-2141
     
    Fire Codes: VENDOR shall follow the Bend Fire Code for setup. For more information please contact Cindy Kettering at 541-322-6381. 

    Booth Designation:      VENDOR will learn of its booth location a minimum of ­­­10 days prior to EVENT.

    Clean Up:      VENDORS are responsible for cleaning around their booth space for all garbage, sweeping, etc., at conclusion of EVENT.  Downtown Bend Business Association staff shall inspect booth space upon VENDOR check-out. Unacceptable conditions include, but are not limited to:  trash not deposited in designated dumpster, recycling not deposited in designated canister, failure to provide garbage cans at booth, improper gray water disposal, grease left on site, condiment spills left on site, ice not dumped in a drained area, and anything left in the area that was not there to begin with. 

    Date/Hours:       VENDOR booth shall remain in its designated booth space and VENDOR staff is required to stay for the duration of the EVENT, September 25, 2021, 11AM-10PM.  Non-compliance and/or failure to adhere to either of these requirements will result in Downtown Bend Business Association retaining and cashing the deposit check, and non-refundable termination of VENDOR participation in all events (both on-site and for future events pre-contracted and paid for).

    Event Location:      Brooks Alley, and NW Minnesota Ave between NW Wall St and NW Bond St

    Electricity:       No power is provided or permitted.

    Parking/Loading and Unloading:      VENDOR shall set up for EVENT between the hours of 7am and 10am on the day of the event.  This time shall be strictly abided by so as to keep traffic flowing as much as possible.  Parking during the event is the responsibility of VENDOR.  No vehicles will be allowed to remain in the EVENT area.  At no point should the alley or entry ways be blocked.  Event vehicles may come on to the event site 20 minutes following the conclusion of EVENT.
    VENDOR shall load and unload as quickly as possible to allow other vendors in.  If VENDOR requires assistance, please let Downtown Bend Business Association know.

    Security:      Downtown Bend Business Association is not responsible for any loss, stolen, or damaged items.

    ​Key Miscellaneous:
    1.  The Fire Marshall/and Federal ADA regulations require that all extension cords are taped and/or covered to prevent tripping.  Absolutely no cord may cross a public sidewalk street, walkway, etc.  If one of VENDOR’s cords does cross a public walkway, Downtown Bend Business Association staff will ask VENDOR to immediately remove the hazard.
    2. VENDOR is required to keep a fire extinguisher (an “ABC” fire extinguisher is relatively inexpensive and all that the fire department requires) and a hand washing station in its tents at all times.
    3. VENDOR agrees to use weights to stake down its tents.  All legs of the tents, any umbrellas, or other ancillary related equipment, etc. must be weighted down sufficiently to prevent the tent or umbrella from falling over.  Downtown Bend Business Association staff will check your tent to ensure that weights are used.
    4. BOOTH SIZE REGULATIONS:  All contents of booth must be contained within the exact square foot footprint of the booth VENDOR has signed up and paid for (including but not limited to signs, garbage cans, cooking equipment, beverage cases, miscellaneous equipment, etc.  
    ​Section 2.  Insurance and Health Permits
    Participation in the EVENT requires proof of adequate liability insurance and a temporary health permit.  Copies of both MUST BE provided to Downtown Bend Business Association 2 weeks prior to EVENT.  Failure to do so will result in denied participation at EVENT, and EVENT fees will not be refunded.
    1. VENDOR shall maintain the following insurance minimums:
    a) Workers Compensation (Statutory) and Employer’s Liability:
    $1,000,000 each accident for bodily injury by accident; $1,000,000 each employee for bodily injury by disease; $1,000,000 policy limit for bodily injury by disease.
    b)General Liability Insurance (CGL):
    Commercial general liability on an occurrence coverage form. The limits of liability shall not be less than:
    $1,000,000 each occurrence (combined single limit for bodily injury and property damage);
    $1,000,000 for personal and advertising injury liability;
    $1,000,000 aggregate on products and completed operations;
    $2,000,000 general aggregate.

    1. Additional Insured Endorsement: 
    Blanket additional insured coverage is required and must include the VENDOR, its officers, directors and employees, the Owner, the City of Bend, and any other party, as may be required.

    1. Automobile Liability Insurance
    The limits of liability shall not be less than:
    $1,000,000 combined single limit each accident for bodily injury and property damage, including coverage on all owned, hired, and non-owned automobiles.
     
    2. Insurance Requirements for Vendor Subcontractors:
    VENDOR shall ensure that all tiers of his Subcontractors shall maintain insurance in like form and amounts, including the Additional Insured requirements.
    ​
    3. VENDOR Certificates of Insurance:
    VENDOR must attach the following parties to the rider as additionally insured against any damages resulting in claim:
    • Downtown Bend Business Association 916 NW Wall Street, Bend Oregon 97703
    • The City of Bend, 555 NE 15th Street, Bend, OR 97701
    Max file size: 20MB
    Max file size: 20MB
     
    VENDOR shall notify Downtown Bend Business Association immediately of any substantial modification or cancellation of such coverage.
     
    VENDOR acknowledges that Downtown Bend Business Association will not provide insurance coverage for VENDOR, VENDOR’S personnel and volunteers.
     
    Health Permits:  Please contact the Deschutes County Health Department (www.deschutes.org/cdd) to assure that you are in compliance for your unique business. ​
    Section 3.  Event Fees  
    Booth Fee: $100 for DBBA Members ($500 for any non-DBBA members).  Fee includes 10’x 10’ space.
    ​
    Section 4.  Payments
    Payment will be made in full along with submittal of this application.  Payments can be made on the Bend Oktoberfest website at www.bendoktoberfest.com.
    Section 5.  Contact Information  ​
    Downtown Bend Business Association:
    Mindy Aisling
    916 NW Wall Street
    Bend, OR  97703
    541-788-3628     
    downtownbend@gmail.com
    Section 6.  Indemnification
    A)         VENDOR shall indemnify and hold harmless 2021 Bend Oktoberfest, Downtown Bend Business Association, The City of Bend, Oregon, and their respective employees, directors, officers, agents, volunteers, and other persons acting on their behalf from VENDOR’s performance, including any and all loss, damages or expenses caused by negligent acts, statements, errors or omissions of VENDOR and its agents. 
    B)         VENDOR shall indemnify, defend and hold harmless, the 2021 Bend Oktoberfest, Downtown Bend Business Association, The City of Bend, Oregon, and their respective employees, directors, officers, agents, volunteers, and other persons acting on their behalf from and against any and all claims, liability (including without limitation any taxes, penalties, interest, costs, or attorney fees) actions, suits causes of action, or demands which arise or are in any way connected with the acts or omissions of VENDOR, VENDOR employees, directors, officials, agents, volunteers, or persons acting on VENDOR’s behalf.
    Section 7.  Miscellaneous
    1.  All amounts owed by VENDOR to Downtown Bend Business Association, unpaid after 30 days, agree to subject to a late payment charge of 1.5% monthly (18% APR).  Should the account become past due, VENDOR agrees to pay all costs of collection, including collection agency charges, attorney fees, and court costs incurred by Downtown Bend Business Association.  This includes, but is not limited to, all fees and costs actually incurred whether or not ay suit or action is filed, and is intended to include all fees and costs incurred in any mediation, arbitration, trial or appeal.
    2. Postponement or cancellation of EVENT for any reason beyond the control of 2021 Bend Oktoberfest shall not constitute cause for any reimbursement.  Acts beyond DBBA’s reasonable control include but are not limited to: earthquakes, fires, floods, epidemics, pandemics, quarantine, wars, civil or military disturbances, acts of terrorism, riots, power failure, or acts of God.
    3. This Agreement is non-transferable to VENDOR’s property, agent or subsidiary.
     
    VENDOR understands it may not be asked to participate in future Downtown Bend Business Association events if it is in violation of 2021 Bend Oktoberfest policies.
    Section 8.  Complete Agreement
    This Agreement consists of the terms and conditions stated above, and the following Exhibits:
    Exhibit A – Directions and Setup Information
    Exhibit B – Application
    VENDOR agrees to the conditions set forth in this Agreement.  Non-compliance and/or failure to execute any items will result in non-refundable termination from participation in all events (both on-site and for future events pre-contracted and paid for).
    Exhibit A
     
    Directions and Setup Information
     
    Oktoberfest takes place in Downtown Bend on Brooks Alley, and NW Minnesota Ave. between NW Wall St. and NW Bond St.  Load-in is Saturday between 7 am and 10:30 am. Be ready for business by 11am on Friday. Vehicles will not be allowed into the event site after the event has started! Closing is at 10 p.m. All equipment, lights, supplies, tables, food permits, etc. must be supplied by the vendor. 
    Exhibit B
    Bend Oktoberfest Application 2021
    ​
    Thank you for completing this form.  As soon as you hit 'submit' you will be redirected to a payment page.  As soon as we receive your form and your payment, we will reach out to confirm your reservation.