Bergen County Music Festival Food & Beverage Vendor Agreement
This agreement is entered into this day, by and between the Tri-Arc Community Development Corporation, a
non-profit corporation, hereinafter referred to as the “Tri-Arc CDC” and the vendor listed below, hereinafter
referred to as the “VENDOR”.
In consideration of the mutual promises and covenants hereinafter contained, it is hereby agreed as follows:
1. INDEPENDENT CONTRACTOR status: The VENDOR is considered to be an independent contractor who shall
at all times perform its duties and responsibilities and carry out all services as an independent contractor and
shall never represent or construe its status to be that of an agent or employee of the Bergen County Music
Festival, Tri-Arc CDC, Bergen County, or the Bergen County Parks and Recreation , nor shall they be eligible for
any employee benefits from those listed above.
The VENDOR represents and warrants that any and all federal, state, and mandatory deductions or other
charges and taxes imposed by law shall be the sole responsibility of the VENDOR. If the Tri-Arc CDC is
assessed, liable or responsible in any manner for those deductions, charges or taxes, VENDOR agrees to
indemnify and hold harmless the Tri-Arc CDC and the other parties named above from those costs including
2. SCOPE OF WORK: VENDOR agrees to perform services under this Agreement primarily by serving as a food
and/or beverage vendor at the Bergen County Music Festival in the park between the hours of 1:00 PM and
7:00 PM on Saturday, August 21, 2021. VENDOR will fully comply with the Special Event Requirements of the
Bergen County Fire Dept. The VENDOR agrees to utilize only electrical equipment that complies in all aspects
with the National Electrical Code. The VENDOR further agrees to use only heavy gauge grounded three-wire
extension cords and not use any non-grounded equipment. VENDOR agrees to leave their space clean and
undamaged by properly disposing of any trash, grease, cooking waste, etc.
The VENDOR understands that serving food and beverage products requires obtaining a Temporary Food
Services Establishment Permit https://www.co.bergen.nj.us/component/sppagebuilder/?view=page&id=339
2 and paying the fee of $75.00 by Friday, August 6, 2021. The Bergen County Department of Health will only
accept cash, money order, or cashier checks. (NO PERSONAL CHECKS) Contact the Bergen County Health
Department at (201) 634-2782 if you have any questions.
3. PAYMENTS: The VENDOR must provide this completed agreement and pay the appropriate vending fee to:
BCMF, before the due date of Friday, August 6, 2021. Please mail checks to: Tri-Arc CDC 492C Cedar Lane #327 Teaneck, NJ 07666 . Payments are refunded if application is not accepted. When your check clears the bank, a notice of acceptance will
be e-mailed. Cancelled checks and acceptance letters will also serve as a receipt. Applications received after Friday, August 6, 2021, will be considered on a case by case basis. Special requests for spaces are prioritized according to the date the
applications are received with a payment and a written request. The Vendor understands that cancellation
refunds will not be granted after August 6th
4. INDEMNIFICATION: VENDOR indemnifies and holds harmless the Tri-Arc CDC, Randy G Music, llc, Bergen County
Music Festival, its sponsors, Bergen County, Bergen County Parks and Recreation, their officials, representatives, officers,
agents, and employees, and shall process and defend at its sole expense, any and all claims, demands, damages, suits at
law or at equity, liabilities, losses, judgments, liens, expenses, and costs arising out of or occasioned by the performance,
acts, and/or omissions by the VENDOR, its employees, agents, representatives or volunteers relative to any activity
and/or omissions by the VENDOR, its employees, agents, representatives or volunteers relative to any activity and/or
services covered hereunder. In the event of recovery due to the aforementioned circumstances, VENDOR shall pay any
judgment or lien arising there from, including any and all costs as part thereof. By Friday, August 6, 2021, the VENDOR
must be able to supply proof of insurance with a minimum of $1,000,000.00 of liability coverage naming the Bergen
County Music Festival, Tri-Arc Community Development Corporation, Randy G Music LLc, & Bergen County Parks and
Recreation as an additional insured, to Tri-Arc CDC, 492C Cedar Lane #327 Teaneck, NJ 07666.
5. ENFORCEMENT: If by reason of the default on the part of either party in the performance of any of the provisions of
this Agreement it becomes necessary for the non-defaulting party to employ an attorney, the defaulting party agrees to
pay all costs and legal expenses expended and/or incurred by the non-defaulting party.
6. ENTIRE AGREEMENT: VENDOR agrees to abide by the rules and the directions of the event staff. Space assignments
are subject to change. Exclusivity was not implied or granted. This constitutes the complete and final agreement of the
parties, it replaces and supersedes all oral and written proposals and agreements heretofore made on the subject
matter, and may be modified only in writing and signed by both parties. Both acknowledge receipt of an executed copy
of the agreement. Sign and return this agreement with your vending fee and with the other requested information.