Skills Fest: Supplier terms and conditions

1. Pitch Allocation

a. An allocated Pitch shall be within the Venue for the periods as set out in the Food Vendor Information and Commitment to attend document.

b. Any furniture provided by the Council must be returned at the end of the Festival in the same condition it was lent.

c. Sub-letting of all or any part of the Pitch is not permitted without written permission of the Council.

d. The Supplier must only sell goods specified in the Food Vendor Information and Commitment to attend document

e. The Supplier will not be permitted to trade outside of the allocated Pitch, including promotional activity elsewhere at the Venue or on adjacent land

f. The Council reserves the right to vary the Pitch Specifications as set out in Food Vendor Information and Commitment to attend document.

2. Setting Up, Trading and Dismantling

a. Note that for safety reasons the times stated in the Particulars will be strictly enforced and vehicles will only be permitted access to the Venue for the purpose of setting up a Pitch at the Festival.

b. The Council reserves the right to alter the Supplier access and set-up times should it deem it necessary for safety or logistical reasons. Any alterations will be notified in writing wherever possible.

c. For safety reasons, Supplier vehicles not directly associated with delivery of the Services will not be permitted access on to, or movement within, the Venue during the Festival.

d. Once at the Venue, vehicles must, whilst their vehicle is in motion, have headlights on and use indicators to show changes in direction. Please do not use hazards lights as these do not permit a driver to safely indicate a direction of travel.

e. The Pitch must not be left unattended at any time.

f. Vehicle movement at the Venue for Dismantling is prohibited until the Council has deemed it is safe. This may take more than 30 minutes from the end of all Festival activities.

g. Any requests to dismantle a Pitch or access the Venue with a vehicle during the Festival must be made well in advance and is entirely subject to agreement by the Council in advance and in writing. Any such access must be in accordance with any permission granted by the Council

h. Any self-build structures must not exceed the size of the allocated Pitch as stated in the Particulars. Any structures that exceed agreed sizes will at the discretion of the Council be removed.

3. Use of Pitch

a. The Supplier shall be permitted to use the Pitch allocated to them for the purpose stated in the Food Vendor Information and Commitment to attend document or as otherwise agreed in writing by the Council. The Supplier may not supply goods from any area other than their designated Pitch - unless specific activity has been agreed in writing by the Council in advance.

b. The name or title of the Supplier is as stated in the Particulars and will be the name/title under which the Supplier shall attend the Festival and conduct their operation. Details of the Supplier’s business shall be visibly displayed on the Pitch whilst in use.

c. The Supplier shall provide a full and efficient team of Personnel capable of efficiently and promptly delivering the agreed Service. The Council reserves the right to cancel the engagement of any Supplier or member of the Supplier’s Personnel found in the Venue in a state of intoxication or under the influence of non-prescription drugs /legal highs.

d. The sharing of a Pitch with another Supplier or any other third party shall not be permitted unless specifically agreed in writing by The Council in advance.

e. Prices of all items for sale are subject to agreement by the Council and prices must be clearly visible to the public throughout the Event. Prices shall not be varied upwards during each Festival. Please note that prices at the Venue will be monitored by Council staff and any variation upwards from the agreed prices may at the discretion of the Council incur further charges to the Supplier.

f. Advertising in a Pitch must relate solely to the display/business.

g. No naked flames are permitted, and no flammable liquids or materials will be brought into the Venue, other than those marked for general purpose cleaning, without notice given to the Council in advance and agreed by the Council in writing.

h. Any scenery, decoration or display articles will, where necessary, be made or maintained non- flammable.

i. The Supplier must comply with the Consumer Protection Act 1987.

j. Generators are not permitted at the Venue without the prior written consent of the Council.

k. The Supplier shall not conduct competitions, raffles, draws, collections or the like for any purpose whatsoever without the prior written consent of The Council.

l. The Supplier shall comply with the requirements of all local and other authorities, the Fire Officer, Environmental Health Officer, Safety Officer, the Police and all statutes, regulations, bye-laws and other provisions in force and in any way relating to the Pitch, the Venue or use thereof.

m. The Supplier’s Personnel should be easily identifiable to Festival staff and visitors either by uniform, or by an identity badge.

n. No Supplier is authorised to sell alcohol at the Festival or serve drinks in glassware. The Council reserves the right to immediately cancel the engagement of any Supplier found in the Venue in possession of alcohol.

o. The Supplier must supply all their own cookware, utensils, crockery, cutlery and use recyclable or biodegradable materials wherever possible.

p. The Council reserves the right to evict from Venue anyone in breach of these Conditions or behaving in an illegal, aggressive, disorderly or anti-social manner. No claims arising therefrom may be made by the Supplier.

q. The Supplier shall not make any noise above that required for the normal operation of its display/business. The use of musical instruments, radios and other devices with loudspeakers shall not be permitted without the prior written consent of the Council.

r. The Supplier will ensure a responsible person is present at the Pitch at all times when in use and ensure compliance with this Contract. Any Pitch left unattended may be dealt with in any way as the Council may consider appropriate in the interest of good order and control of the Festival.

s. Pets/animals are not permitted at the Venue except animals used in assistance (such as Guide Dogs etc).

t. All Suppliers must comply with any directions given by the Council’s representatives. This will include compliance with all instructions from Chelmsford City Council’s Employees and contracted security personnel.

4. Refuse, Recycling and Cleaning

a. The Supplier shall maintain the good order and cleanliness of its Pitch and the immediate vicinity using its own cleaning equipment and refuse sacks separated into recycling categories if possible. A sufficient number of dedicated Personnel should be provided by the Supplier to keep the area in and around the Pitch clean, tidy and free from waste.

b. Use of plastic straws are prohibited.

c. The Supplier must place any filled refuse sacks at a specific location at the Venue designated by the Council. Failure to do so may result in the Supplier being charged for removal of its waste.

d. For catering operations, all cooking fats and food waste must be removed from Venue by the Supplier. Failure to do so may result in the Supplier being charged for removal of cooking fats.

e. The Supplier must pour any waste (grey) water into the specific waste water units (IBCs) available at the Venue and must not pour any waste on to the ground. In no circumstances should oil or food be poured into the IBC; this may result in the Supplier being charged for separation of oil/food and water.

f. Any goods left behind after the Festival or left unattended during the Festival may be treated as abandoned and removed from the Venue and the Supplier may be liable for any related charges incurred. The Supplier shall not cause damage to the Venue or any property on the Venue. The Supplier shall keep its Pitch and the adjacent area in a tidy and litter-free state. The Supplier will be liable to make good any damage which may be caused to the Pitch, the Venue or any property, by the Supplier or its agents, contractors, servants or guests to the satisfaction of the Council. No music is to be played at the Pitch.

5. Insurance

a. The Council holds and maintains valid Public Liability Insurance and a copy of the Council’s policy certificate will be provided to the Supplier on request. This is to cover the Council’s potential liabilities. The Council will not indemnify the Supplier in relation to any claim, cost, damages, liabilities, or losses directly arising out of or in connection with any claim or action made by a third party due to the wilful or reckless act, omission, default or negligence of the Supplier or its agents or employees.

b. The Supplier must ensure that as a minimum it holds and maintains public liability in the amount of not less than five million GB Pounds (GBP £5 million) against any claim for personal injury or property damage for any one occurrence to cover the Supplier’s obligations and potential legal liabilities in connection with the Service which insurance shall cover and include provision of the Service. The Supplier has provided the Council with a copy of its Public Liability Insurance Certificate and must advise the Council of any changes in this between now and the Date of Engagement.

c. The transportation and installation of the Supplier’s property shall be the sole responsibility of that Supplier. The Supplier will indemnify the Council against any loss, damage, or liability whatsoever incurred by the transportation and installation thereof.

d. The Supplier shall assume responsibility for the safety of their Personnel and customers and for its and their property before, during, and after the Festival.

e. The Council shall obtain in respect of the Venue all necessary licenses or permissions and adequate employee liability insurance to cover the Service. The Council is responsible for providing a safe working environment whilst the Supplier is on the premises.

f. Unless expressly agreed otherwise and set out in this Contract, the Council will not be responsible for the Supplier’s non-appearance at the Festival or for any cancellation unless that is caused by the Council’s act, omission or negligence and the provisions of condition 8 below shall apply to all cancellations and the Supplier should ensure that it has appropriate insurance to cover its own costs, losses, fees and guarantees in the event of cancellation due to any instance of Force Majeure and/or Supplier illness.

g. The Supplier will be liable for all damage to the Venue and equipment that is caused by the Supplier’s negligence or misbehaviour and the Council reserves the right to withhold all or part of the Bond in these cases

6. Cancellation and Termination

A. Breach of Contract

The Council may terminate this Contract with immediate effect by the service of a written notice on the Supplier in the following circumstances:

I. if the Supplier is in breach of any material obligation under this Contract (which shall include, but is not limited to, failure to make any payment in accordance with the Contract; or any breach of health and safety requirements).

II. The Supplier is subject to insolvency proceedings as follows:

1. any arrangement or composition with or for the benefit of its creditors (including any voluntary arrangement as defined in the Insolvency Act 1986) being entered into (or, in the case of such a voluntary arrangement, being proposed); or

2. a supervisor, receiver, administrator, administrative receiver or other encumbrancer of a similar nature taking possession of or being appointed over any distress, execution or other process being levied or enforced (and not being discharged with seven (7) days upon the whole or any material part of the Supplier’s assets; or

3. a court makes an order that the Supplier be wound up or a resolution for a voluntary winding up of the Supplier is passed; or

4. ceasing or threatening to cease to carry on business or being or being deemed to be unable to pay its debts when they become due within the meaning of section 123 of the Insolvency Act 1986; or

5. being an individual(s), has a bankruptcy order made against him or compounds with his creditor or comes to any arrangements with any creditors.

III. The Supplier breaches any of its obligations under clause 6 (Insurance).

IV. The Supplier commits a breach that results in material damage to the reputation of the Council.

For the avoidance of doubt, in the event of the Council terminating the Contract for any of the above reasons, any Fees due under the Contract (including the Pitch Fee) shall be retained by the Council and the Supplier shall be liable to pay any sums owed to the Council in accordance with the Contract.

B. Force Majeure

If the Festival or the Supplier’s Service at the Festival is curtailed, cancelled or abandoned due to any instance of Force Majeure, then the Council shall issue a notice in writing to the Supplier which shall terminate the Contract immediately.

The Council shall have no further claim made against the Council nor the Council against the Supplier except in relation to the repayment of any sums already paid.

Force Majeure shall mean and include but not be limited to threat of terrorism or war, public disaster, epidemic, pandemic disease, order of National Government or Local Authority other than the Council, fire, explosion, strike or lock-out (outside of the direct or indirect control of either party), transportation failure, national grid or local grid failure, national mourning, Royal demise, any Act of God, earthquake, or any adverse weather conditions including but not limited to flood, storm and electric storm, tsunami, which would make the staging of the Supplier’s Service/activity or the Festival impossible and / or is deemed by any competent authority or the Police or the fire service or the Festival (with the Council always acting in a reasonable manner) to present a danger to the Exhibitors and those attending or working at the Festival if the Service or the Festival were to proceed.

7. Security

All matters connected to the security and safety of the Festival and the Festival’s audience, staff and exhibitors, the security and safety of the Pitch, the safety and security of all areas and all health and safety management including all matters relating to stewarding and safety shall vest in and be in the sole discretion of the Council and where appropriate the Police and always subject to all statutory and licence provisions and requirements.

The Supplier must warn the Council in advance of any specific security issues and concerns it may have.

8. Health and Safety

A. The Supplier Shall:

a. Comply with the requirements of the following in as much as they apply to and/or affect the operation of this Contract and the Supplier’s obligations:

I. Health and Safety legislation, codes of practise and regulations, including but not limited to the Food Safety Act 1990, Food Safety and Hygiene (England) Regulations 2013 and EU Regulation No 852/2004 Hygiene of Foodstuffs.

II. All licenses and certificates relating to the operation of the Venue

b. The Supplier shall take all practicable steps to ensure that the Audience, Exhibitors, Supplier’s staff, and employees of the Council are kept safe in their use of the facilities provided. Health & safety inspections will be made during the Event/s and possibly during the set-up period and any Supplier not complying with accepted safety standards will be immediately closed down. If any accident or injury results from the Service of the Supplier through the Supplier’s default, the Supplier shall pay for any loss occasioned to or damage or costs incurred by the The Council.

c. Not use any domestic or other electrical appliance except any such electrical appliance that has been properly certified by a competent electrician as required by the Electricity at Work Regulations (1989), within 12 months in advance of the Date of Engagement. Evidence of the satisfactory testing of each appliance must be available on request (i.e. current PAT certificates).

d. Not use any domestic or other gas appliance except any such gas appliance that has been properly certified by a qualified Gas Safe registered engineer as required by the Gas Safety (Installation & Use) Regulations 1998, within 12 months in advance of the Date of Event. Evidence of the satisfactory testing of each appliance must be available on request (i.e. Gas safety record provided by the engineer).

e. Be registered with the Food Standards Agency with a rating of 4 or 5, issued within 3 years of the Date of Event.

f. Carry out risk assessments, including a Fire Risk Assessment, and develop appropriate safe working procedures for the Pitch. Subject to adequate risk assessment, Suppliers shall provide appropriate firefighting equipment for the immediate protection of their Pitch, equipment and any persons in the vicinity. The equipment shall be properly signed and the Supplier will maintain an unobstructed means of access and egress to and from the Pitch at all times.

g. The design, layout and size of all marquees, tents or other self-build structures must be approved in writing by the Council in advance and should be of sound construction including all supporting poles, frames, guy ropes, stake anchors and fastenings, etc - and all guy ropes and fixing stays shall be made safe or conspicuously marked to ensure they do not present a trip hazard.

I. All structures and drapes used on the Pitch must be durable to flames and fire proofed to BS3120.

II. The Supplier must comply with the smoking ban (in so far as it is illegal to smoke in any public area that is enclosed or undercover) and must display statutory ‘No Smoking’ signs in any publicly-accessible structure.

h. Without prejudice to the Supplier’s inherent primary responsibility for customer safety, comply with any relevant instruction of the Council with regard to customer safety unless the Supplier can demonstrate to the reasonable satisfaction of the Council that compliance with any such instruction would compromise customer safety.

B. The Council shall:

a. Maintain the provided equipment to a safe standard and to be properly certified by a competent electrician as required by the Electricity at Work Regulations (1989).

b. If necessary, PAT test any domestic or other electrical appliance at the expense of the Supplier.

c. Carry out risk assessments and develop appropriate safe working procedures for the Festival.

d. Carry out risk assessments and control measures for any hazard(s) identified during the contracted period which is not covered by the Supplier’s existing Health & Safety procedures. The Supplier will pay any additional costs incurred. If the identified hazard(s) prevents the Service being provided, the Supplier’s Fee will be forfeited.

C. Inspections

a. Your unit may be subject to a food safety and health and safety inspection by an Officer from the Council. Food operators who cannot meet Health and Safety legislation, codes of practise and regulations may be required, by joint agreement with the Festival organisers, to cease trading and could face formal enforcement action.

9. Safeguarding Children and Vulnerable Adults

a. The Supplier acknowledges that the Council has legal responsibilities regarding the safeguarding of children and vulnerable adults under various legislation and is also required to comply with various codes of practice and other guidelines (together the ‘Safeguarding Obligation’) and agrees to provide all assistance reasonably required by the Council to enable the Council to comply with the Safeguarding Obligation and shall not knowingly do any act that would cause the Council to be in breach of any provision set out in or referred to in the Safeguarding Obligation.

b. The Supplier acknowledges that it may also have legal responsibilities regarding the safeguarding of children, young people and vulnerable adults and agrees to comply with those responsibilities.

c. The Supplier agrees that it will comply with the Council’s ‘Safeguarding Policy for Children, Young People and Vulnerable Adults’, which is updated from time to time and is available at www.chelmsford.gov.uk/safeguarding and shall ensure that at all times it is familiar with the reporting procedures for suspected abuse, as set out in the policy and that adequate staff training is provided as appropriate.

10. Equality and Diversity

The Supplier shall at all times comply with all equal opportunities legislation and shall not discriminate against any person unlawfully.

The Supplier shall co-operate with any investigation or proceedings concerning alleged contravention of any anti-discrimination legislation in delivering the Services.

11. Modern Slavery

The Council is committed to doing what it can to combat slavery and prevent human trafficking from entering into its business and supply chain. The Council’s desire is to have a positive impact on the fair and safe working conditions of those working directly or indirectly for it and expects our suppliers/contractors to share its vision.

As an employer the Council believes in attracting, developing and retaining the best people ensuring that everyone is treated with dignity and respect.

The Council has taken steps to ensure compliance with the Modern Slavery Act 2015, which include the following:

• All tender documents now include a statement that the Council’s minimum expectations of its contractors/suppliers are that there is no use either direct, or by any sub-contractors, or within the supply chain of: Child labour; Slavery, Forced, Bonded or Involuntary Labour; Human Trafficking or Exploitation.
• Any non-compliance with these requirements will be dealt with, if and when they arise, with remedial action tailored appropriately. The Council’s aim is to only trade with those who comply with the Act and those that are demonstrating that they are taking steps towards compliance.

This statement is made under section 54(1) of the Modern Slavery Act 2015.
The Supplier warrants that is has complied with and will at all material times comply with the provisions of the Modern Slavery Act 2015.

12. Jurisdiction

This contract of engagement shall be subject to the laws of England and Wales and the parties shall subject to the exclusive jurisdiction of the courts of England and Wales. In the event of any conflict between the provisions contained herein and any other contract or agreement the Parties agree that the provisions contained herein shall prevail.

13. Essential Documents/Information to be provided by the Concessionaire

The Supplier must provide copies of the following documents/information to the Council in advance of the Festival:

Caterers:

• Valid Certificate of public liability insurance in the amount of not less than five million GB Pounds (GBP £5 million)
• Risk Assessment
• PAT/electrical safety certificate per item (if such equipment is used)
• Relevant Local Authority such that the Food Hygiene Rating can be verified
• Fire Risk Assessment
• Health & Safety Policy
• Gas safety record per item (if such equipment is used)
• Names of all Personnel working at event
• Chelmsford City Council Events Checklist: Environmental Health – Food Stalls assessment