Agreement, Rules, Regulations, Terms and Conditions:

Application Process

Clematis by Night will have 6 spaces available for food vendors. All applications must be completed 60 days prior to the beginning of each rotation. Vendor applications may be submitted on-line at wpb.org/clematis-by-night. All completed applications received within the allotted timeframe will be considered.

A Selection Committee, chosen by the City, will review, evaluate and score all completed applications based on the following: Quality, Presentation, Food items/Corresponding prices and previous participation at Clematis by Night. Notification of acceptance will be mailed, faxed or emailed and vendors will be invoiced for their first payment accordingly.

Disclosure and Disclaimer

The City and its representatives shall have no obligation or liability with respect to this application or the vendor selection and award process contemplated hereunder. Neither the City nor its representatives warrant or represent that any award or recommendation will be made as a result of accepting applications and further make no representation as to the exclusivity of any vendor selection. No warranty or representation is made by the City that any application conforming to these requirements will be selected for consideration or approval. The City may accept or reject any applications, may select one or more vendors for a specific selection, may cancel the selection and any such action or other action taken by the City in response to applications submitted or in making a selection or failure or refusal to make any selection shall be without any liability on the part of the City or its agents. The City may request formal presentations by the vendors which may be made before a selection committee and which may include one or more vendor applicants. The City reserves the right to select the vendor which in the opinion and sole discretion of the City will be in the best interest of and/or most advantageous to the City. Any vendor applicant who submits an application fully acknowledges all the provisions of this Discloser and Disclaimer and agrees to be bound by the terms hereof.

Agreement

  • City of West Palm Beach Clematis by Night will have 6 spaces for food vendor types. All applications must be turned into the Community Events office: 401 Clematis Street, 3rd Floor, West Palm Beach, FL 33401 by January 20, 2014. All completed applications received by that date will be considered (special delivery/hand delivery recommended). Please do not fax!
  • Disclosure and Disclaimer: The City and its representatives shall have no obligation or liability with respect to this application or the vendor selection and award process contemplated hereunder. Neither the City nor its representatives warrant or represent that any award or recommendation will be made as a result of accepting applications and further make no representation as to the exclusivity of any vendor selection. No warranty or representation is made by the City that any application conforming to these requirements will be selected for consideration or approval. The City may accept or reject any applications, may select one or more vendors for a specific selection, may cancel the selection and any such action or other action taken by the City in response to applications submitted or in making a selection or failure or refusal to make any selection shall be without any liability on the part of the City or its agents. The City may request formal presentations by the vendors which may be made before a selection committee and which may include one or more vendor applicants. The City reserves the right to select the vendor which in the opinion and sole discretion of the City will be in the best interest of and/or most advantageous to the City. Any vendor applicant who submits an application fully acknowledges all the provisions of this Discloser and Disclaimer and agrees to be bound by the terms hereof.
  • A Selection Committee, chosen by the City, will review, evaluate and score all completed applications based on the following: Quality, Presentation, Food items/Corresponding prices and previous participation at Clematis by Night. Notification of acceptance will be mailed, faxed or emailed and vendors will be invoiced for their first payment accordingly.

Rules, Regulations, Terms and Conditions

  1. Vendor Equipment

    • It is the vendor’s responsibility to supply all food cooking equipment and supplies including electrical cords, lighting, cash banks and display materials, etc.
    • Vendor must supply their own 10’ X 10’ white tent, tables, chairs and table cloths or covering. The space must be clean and tables must be covered.
    • It is an outdoor show; all exhibitors must provide their own means to display which are sturdy enough to withstand crowds, winds and weather conditions.
  2. Vendor Booth Space

    • City of West Palm Beach Community Events Staff will work with vendors on site location; however, City of West Palm Beach Community Events Staff reserves the right to assign location of booth space rented.
    • No subletting or sharing of space is permitted.
    • Vendor’s products and set-up must not be placed beyond booth space boundaries.
    • Vendors are not allowed to sell alcoholic beverages, soda, water or iced tea.
    • Vendor MUST use a drop cloth in the 10’ X 10’ booth space.
    • Electric will be available as it exists currently within the event site. No further alterations or upgrades will be provided by the City of West Palm Beach. All electric issues must be addressed in writing to City of West Palm Beach Community Events Staff.
  3. Vehicle Regulations

    • No moving vehicles (cars, vans, trucks) are allowed on the site during Clematis by Night operating hours: 6:00 PM - 9:00 PM. Street barriers must never be moved. Danger to patrons and vendors will prohibit future participation.
    • No vehicles will be allowed on-site after 5:30 PM or before 9:00 PM.
    • No Parking on Event Site. The City is NOT responsible for your parking.
  4. Vendor Finances

    • Fee payments will be billed $150.00 for each month. Payment is due by the 1st of each month. Payment can be made online at www.westpalmplays.com (call to set-up prior to), by phone at (561) 822-1515, brought in or mailed to: Community Events 3rd City Hall, 401 Clematis Street, West Palm Beach – 8:00 AM-5:00 PM Mon-Fri.
    • Forms of payment accepted: cash, check, Visa, MasterCard or American Express.
    • Please make your check payable to: City of West Palm Beach.
    • VENDOR IS COMMITED TO 4 MONTH ROTATION THEREFORE VENDOR WILL BE RESPONSIBLE FOR PAYMENT OF $600.00. NO EXCEPTIONS WILL BE MADE REGARDLESS OF WEATHER, ATTENDANCE OR UNFORSEEN CIRCUMSTANCES! FAILURE TO PAY FEES ON TIME WILL RESULT IN VENDOR BEING DISCHARGED FROM THE EVENT THAT MONTH. PAYMENTS RECEIVED LATE TWO (2) TIMES WILL RESULT IN VENDOR BEING DISCHARGED UNTIL THE FOLLOWING ROTATION. ALL FEES WILL STILL BE DUE AND ARE NON-REFUNDABLE.
  5. Insurance / Licence Requirements

    • Once you are accepted, food vendors are responsible for obtaining any required state, county or city license(s) as well as insurance. Food vendors are responsible for the cost of the license(s) and must obtain them prior to participating at Clematis by Night. You will be asked to submit copies of the following items:
      1. A valid City of West Palm Beach Business Tax Receipt.
      2. A valid Palm Beach County Business Tax Receipt.
      3. A copy of your restaurant license or your mobile vendor’s license, both current and issued by the Department of Agriculture, Hotel and Restaurant Division.
      4. A DBPR license.
      5. A $500,000 general liability insurance policy naming the City of West Palm Beach as additionally insured.
  6. Set up / Breakdown / Clean-up

    • SET-UP begins at 3:00 PM and every vendor MUST be completely set-up by 5:30 PM, car/van removed, and booth fully operational and displayed. No vehicles will be allowed on-site after 5:30 PM.
    • Any notices of vehicle on-site after time allowed will cause loss of space for remainder of the rotation.
    • EVENT TIMES- Clematis by Night takes place every Thursday from 6:00 PM – 9:00 PM
    • BREAKDOWN starts at 9:00 PM. If vendor sells out, the vendor must remain in vendor’s booth until 9:00 PM. Breakdown before 9:00 PM will result in expulsion from Clematis by Night and prohibition of future participation.
    • CLEAN UP – Every item you bring must be removed by you. Please stay at your booth until your employees have completed all clean up. No debris, boxes, etc. shall be left at your booth. Failure to follow this rule will result in a fine and/or expulsion. If City employees must clean or dispose of your garbage, a fee will be charged. Sidewalk, pavers and pavement must not be damaged or soiled. Power cleaning charges will be charged back to the vendor.
  7. Cancellation Policy

    • In most cases, Clematis by Night will not cancel in advance of the event. Clematis by Night Staff will make the decision to cancel by 4:00 PM the day of the event due to inclement weather. Exceptions to the rule may include weather related or extreme acts of nature, etc. Safety is Clematis by Night’s utmost concern. You may call the Community Events Division at (561) 822-1515 for cancellation messages.
    • Should a vendor “NO SHOW’ and/or not call to cancel vendor is subject to space relocation.
    • Failure to provide notice of absence for three consecutive Thursdays will result in loss of space, loss of fees paid in advance and possible termination of future participation.
  8. Miscellaneous Rules

    • Vendor booths are always subject to change and relocation at the Community Events Division’s discretion.
    • No sales, use or possession of alcoholic beverages is permitted.
    • Vendors are responsible for collecting their own sales tax.
    • Rules are subject to change without advance notice.
    • Vendors are fully responsible for all of their activities at Clematis by Night and for those employed or assisting in their vendor’s space and agree to defend, hold harmless and indemnify the City of West Palm Beach and Clematis by Night from any liability, cost damage or expense which arise from their own, their employee’s or their agent’s involvement and operation at Clematis by Night or use of the vendor’s space.
    • Vendors acknowledge that this agreement is a license and a privilege, and that no leasehold, easement or other interest in land is conferred upon the vendor under the provisions hereof. The City shall have the right to revoke this license for any reason, in the City’s sole discretion.
    • Vendors accept responsibility for payment as part of this license. Terms are acceptable. NO REIMBURSEMENT will be made if the vendor decides to no longer participate at Clematis by Night or is banned from Clematis by Night.
    • City of West Palm Beach Community Events Staff has the right to control the “VISUAL IMPACT” and overall presentation of Clematis by Night, at its discretion.
    • If it is determined by Community Events Staff that a vendor’s display is detracting from our overall site presentation, a change or improvement will be required.

Enforcement of Rules

  1. Clematis by Night management is responsible for enforcing the above stated rules. Violations and recommendations are at the direction and enforcement of Clematis by Night Management on-site. Continued violation will result in being expelled from Clematis by Night with no reimbursement of fees paid and no future participation.
  2. Complaints regarding product legitimacy, operational detail or conduct of another vendor must be submitted in writing to the Clematis by Night Management for resolution.
  3. I have reviewed and signed each of the West Palm Beach Clematis by Night regulations indicating that I agree to abide by said rules and regulations. Further, I understand that any violations of these rules or hazards will cause immediate revocation of my Clematis by Night agreement
Applying for (check all that apply):
Name:
Business Name:
Address:
City:
State: Zip:
Phone:
Cell:
Email:
Website:
Select a Category:
 
Have you previously participated in Clematis By Night?
List ALL products you wish to sell, including the prices. Only those products listed and approved will be allowed for sale. PLEASE NOTE: Any vendor selling any item(s) not listed here and not approved by Clematis By Night Management must stop selling those item(s) immediately and/or can be banned from Clematis By Night. To add a product(s) during the season, please supply written notification to Clematis By Night for review and approval PRIOR TO SELLING.
Please add links to the images of the products you are selling. Upload the pictures to a photo sharing service such as Dropbox or Imgur and paste the link below.
 
 
 
 
Security Code:
To prevent spam, we require you to enter in a confirmation code. Please enter the text in the field below:
CAPTCHA Image

Can't make out the text in the image? Click here