FormBuilder

Vendor Application Form - Shed at King Ed 2023

The Shed at King Ed is an exciting Pop-Up retail opportunity coordinated by the Municipality of Brighton. This project is aimed at supporting our local entrepreneurs in the development and growth of their business while creating a vibrant experience that showcases Brighton to our residents and beyond. 

VENDOR ELIGIBILITY & SELECTION PROCESS

In it’s inaugural year, we are looking for pop-up businesses/services that will enhance the experience of park visitors. Idea pop-up vendors include equipment rentals and sales, activity/event related services, clothing and goods retailers, fitness instructors and craft producers. Preference will be given to local vendors from Brighton in addition to Northumberland, Hastings and Prince Edward Counties.

Exclusivity of the sale of specific products/goods by vendors is not guaranteed.  Every effort will be made to place and schedule vendors to avoid potential overlap.

The evaluation of seasonal applications will be completed by a committee of staff from the Municipality of Brighton with advice from local partnering organizations. All seasonal applications submitted by the deadline will be evaluated out of 100 and assigned marks according to the following criteria:

All applicants will be notified whether their application has been accepted by April 14th. Successful applicants will be required to sign a lease agreement with The Corporation of the Municipality of Brighton. 

KEY DATES FOR POTENTIAL VENDORS

• March 1^st – Applications for The Shed @ King Ed 2023 Season Open
• April 3^rd – Application Close
• April 14^th – Successful Vendors notified by email and given next steps to complete required forms and payment
• June 1^st – ALL required Forms & Fees due

OPERATING SEASON & HOURS OF OPERATION

The Shed will be populated with vendors from Wednesday, June 28^th to Sunday, September 3rd, 2023.

Weekday hours are 12:00pm to 8:00pm (Wednesday to Friday) and 9:00am to 3:00pm on weekends (Saturday & Sunday). Holiday hours will follow the day of the week the holiday falls on.

Vendors will be given access to their booth space on the Tuesday before their lease commences for set-up purposes. The following Monday, Vendors will continue to have access to allow for pack-up and clean-up of their space.

Vendors have the choice of the following single weeks:

• Week 1 – June 28^th to July 2^nd
• Week 2 – July 5^th to July 9^th
• Week 3 – July 12^th to July 16^th
• Week 4 – July 19^th to July 23^rd
• Week 5 – July 26^th to July 30^th
• Week 6 – August 2^nd to August 6^th
• Week 7 – August 9^th to August 13^th
• Week 8 – August 16^th to August 20^th
• Week 9 – August 23^rd to August 27^th
• Week 10 – August 30^th to September 3^rd

And the following multi-week blocks:

• Week 1 & 2 – June 28^th to July 9^th
• Week 3 & 4 – July 12^th to July 23^rd
• Week 5 & 6 – July 26^th to August 6^th
• Week 7 & 8 – August 9^th to August 20^th
• Week 9 & 10 - August 23^rd to September 3^rd

LOCATION AND VENDOR FACILITIES

The Shed is located in King Edward Park, 75 Elizabeth Street, just south of the Curling Club Building.

The space is divided into 3 Pop-Up units:

Each Pop-Up unit has modular components allowing vendors to customize their space to their business.  Vendors are responsible for completing the interior fit-up of the space, as approved by the Municipality and outlined in the Lease Agreement. No physical additions, alterations shall be started without first having obtained proper consent in writing from the representative with the Municipality.

PRICING AND PAPERWORK

Successful vendors will pay the Corporation of the Municipality of Brighton based on this payment schedule:

Payment in full will be due upon signing of the Lease Agreement.

The Municipality of Brighton requires that every successful applicant shall obtain liability insurance coverage of no less than $2,000,000 per occurrence, against any loss or damage resulting in bodily injury, death, or damage to any property from any one incident.  Such insurance policy shall name “The Municipality of Brighton” as additional insurers and shall protect against all claims for all damage and injury or death arising out of any act or omission on the part of the Municipality of Brighton, the event organizer, its servants or agents.

All vendors successful selling food or food products (fresh or packaged) are responsible for submitting their Safe Food Handling applications to Municipality Staff for approval by the HKPR District Health Unit prior to their scheduled start date. In addition, to insurance and safe food handling forms, vendors will be required to have all necessary permits and inspections completed before their first day.

UTLITIES AND PARKING

Electrical - The Municipality will pay all electrical (hydro) charges applicable to the facility. If there is a major increase in usage the Municipality has the authority to inquire with the vendors and negotiate an alternative solution to avoid a major increase in cost moving forward.

Garbage - The Vendor will be responsible for his/her own garbage collection and cleaning within the vendor area. The vendor is responsible for disposing of all waste material in the garbage receptacle identified for the vendors. Waste receptacles located within the park will be maintained by Municipal staff for the use of customers only.

Water Services - Limited amounts of potable water are available on site. Vendors may be required to provide their own source of potable water should the Municipal system not be able to provide the required water supply.

IT Services - Wi-Fi will not be provided for the vendors. Vendors will need their own internet service to operate POS systems for interact payment options. The Municipality is currently working on wi-fi options that will have a higher degree of reliability as the Shed at King Ed program continues.

Parking - Vendors are required to park all vehicles, including employee vehicles in the designated area provided for pop-up vendors (arena parking area). With the exception of dropping off supplies during off peak times (before 11am or after 8pm), vehicles cannot be parked or driven outside of the designated parking areas. 

Any questions about this application or The Shed can be directed to theshed@brighton.ca.

Looking forward to your application,

Ben Hagerman, Manger of Economic Development

The Shed @ King Ed Vendor Terms & Conditions

IMPORTANT! - Before continuing to complete your application, please read and accept the following Vendor Terms & Conditions outlined below. These are the highlights of what will be included in successful Vendor Lease Agreements.

FEES & FORMS

1. All payments to be made by Vendors will be delivered to the Municipality at the Municipality’s address (35 Alice Street, P.O. Box 189, Brighton, Ontario, K0K 1H0) unless otherwise specified by the Municipality.
2. Successful vendors are required to submit all required payment, insurance and required forms to the Municipality by June 1^st.

THE STRUCTURE & PREMISES

3. The Municipality reserves the right to place Vendors within any of the three Pop-Up booth spaces.
4. Vendors are required to accept the Premises and Structure (if any) in an “as-is-where-is” condition.
5. Lease Agreements are personalized to each business. Subletting is not permitted.
6. Vendors shall keep in good condition the Premises and Structure and shall maintain the Premises and Structure in a neat, clean, orderly fashion free from garbage and other debris or hazards of any kind.
7. The Municipality reserves the right to make adjustments to the The Shed may place restrictions on businesses if it is determined they are reasonably necessary for the safe and efficient operation of the Lands upon written notice to the Vendor.
8. Vendors shall not drill, paint, glue, hammer, nail, screw, anything into or onto the Premises or Structure or modify the Premises or Structure in any way without the written permission of the Municipality. Any and all alterations or additions to the Premises or Structure made by the Vendors must comply with all applicable building code standards and by-laws of the Municipality of Brighton. Vendors shall be responsible for obtaining all required permits, licenses, approvals and permissions required by any and all governing organizations for any permitted modifications.
9. The Municipality is responsible for providing any surrounding features to support the Business (i.e. furniture, tables, chairs, games, umbrella’s, barriers, etc.) within the Premises. If Businesses are interested in bringing their own features, written approval of the Municipality must be received before placing such features on the Premises.
10. Vendors are required to comply with all applicable laws related to the Business and Premises and Structure, and obtain all required licenses approvals and permits, including but not limited to the Excise Tax Act, Occupational Health and Safety Act, Workplace Safety and Insurance Act, and pay its employees, contractors and agents in accordance with the Employment Standards Act, and shall promptly comply with any order or directive of any governmental agency or the Municipality, such as those related to the Covid-19 pandemic, extreme weather events, or water levels in the vicinity of the Lands.

UTILITIES, WASTE DISPOSAL & PARKING

11. Vendor Fees includes a limited amount of electrical service and water. It does not include, nor shall the Municipality provide other services such as Wi-Fi, heating, cooling or fuel, supplies, goods, materials, or services that Vendors may require for the operation of the Business.
12. If the Municipality determines a Vendor has used an excessive amount of the available electrical service or water provided by the Municipality, then the Municipality may restrict the Vendor’s useage or require an additional fee in respect of such usage.
13. Limited amounts of potable water are available on site. The Licensee will be required to provide their own source of potable water should the Municipality system not be able to provide the required supply of water.
14. Vendors are responsible for disposing of all waste material in the garbage receptable identified for the exclusive use of Vendors. Excessive amounts of garbage must be disposed of offsite by, and at the expense of the Vendor.

15. In no circumstances shall Vendors cause any substance capable of posing a risk or damage to health, safety, property or the environment including, without limitation, any contaminant, pollutant, dangerous or potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable or explosive material, or any other substance or material now or hereafter declared, defined or deemed to be regulated or controlled under any applicable law to be disposed of on the Lands of King Edward Park.
16. The Municipality has provided for a limited amount of storage for Vendors in cupboards within each booth space. This space is not be shared with other Vendors and shall be used for the sole purpose of storage of supplies or merchandise.
17. Vendors are required to park all vehicles, including employee vehicles in areas approved for license holders by the Municipality.  With the exception of dropping off supplies during off peak times (before 10am or after 8pm), no licensee vehicles shall be parked or driven outside of the designated license holder parking areas.

OPERATIONS

18. The Municipality will confirm the exact Commencement Date and Termination Date by notice in writing to Vendors. These dates are dependent, among other things, upon weather and site conditions, and any applicable governmental orders related to public health or other issue.
19. Vendors shall keep the their business open to the public during the agreed upon term described in their Lease during the outlined Operating Hours of Wednesday to Friday, 12pm to 8pm and Saturday and Sunday, 9am to 2pm.
20. During the Hours of Operation, Vendors shall ensure that at least one staff member is present at the Premises at all times. Staff member must be alert, attentive to the public. Under no circumstances will Vendors leave the Business unattended during the Hours of Operation, or attended by a person who is not qualified to operate the Business, covered by WSIB or is under the influence of intoxicating substances.
21. Vendors may operate outside of the Hours of Operation with the written permission of the Municipality.
22. In the event of severe weather, the Municipality may permit the closure of The Shed for the duration of the weather event. The permission to close shall be communicated to each Vendor.
23. No noise, music, odours, or other actions that the Municipality considers offensive or incompatible with the orderly operation of the Lands as a public park are permitted at the Premises.
24. Vendors shall be respectful of all other licensees at the Lands and shall not do, or permit to be done, anything that may adversely affect any other licensee, vendor, staff person, or patron.
25. Vendors are responsible for their own advertising. All signs, menus or other items displayed at the Premises must have a clean and professional appearance. Hand made/drawn signs or other like paraphernalia are not permitted. The Municipality may require the Licensee to remove and replace any such advertising that in the Municipality’s opinion falls below this standard.
26. Vendors may only sell those goods or services specifically listed in their lease agreement from the Premises.
27. Vendors acknowledge and agrees that the subject property is regularly used for special events and the set-up and operation of these events may negatively impact resident/visitor traffic in the park. The Municipality agrees to use their best efforts to minimize these impacts.
28. Vendors shall comply with all by-laws, rules and regulations and orders set forth or issued by the Municipality of Brighton, OPP, Brighton Fire Department, Medical Officer of Health, and all other bodies authorized to make by-laws, rules or regulations governing the operation of the business.
29. Vendors shall not permit the sale or consumption of alcohol, cannabis, recreational drugs, or other intoxicating substances at or from the Premises.
30. Vendors are responsible for putting in place all measures, facilities and precautions required to ensure physical distancing and other public health protections related to any pandemic or other health emergency and to ensure that the Licensee’s staff and patrons adhere to the precautions. The Licensee shall provide all required or recommended personal protective equipment for all staff working on site.

DAMAGES

31. Vendors are intended to be entirely net and carefree to the Municipality. Vendors shall promptly pay to the Municipality any expense the Municipality is put to by the Licensee in respect of the Premises Structure, and Business, including but not limited to excessive service usages, site clean-up expenses, waste disposal, and the cost of repairing damage to the Premises or Structure all as and when invoiced by the Municipality to the Licensee.
32. If upon examination by the Municipality, repairs are found to be necessary, written notice of the repairs required shall be given to Vendors by or on behalf of the Municipality. Vendors shall immediately and at their own expense maintain and repair any damage caused to the Premises or Structure and return the Premises or Structure in the same or better condition as it was given to the Licensee on the Commencement Date, within the time specified in the notice.
33. If Vendors refuse or neglect to keep the Premises in good repair the Municipality may make any necessary repairs, and shall be permitted to enter the Premises for the purpose of effecting the repairs without being liable to the Licensee for any loss, damage or inconvenience to the Vendor. If the Municipality makes repairs Vendors shall pay the cost of them immediately.

CONFLICTS

34. Conflicts between vendors shall be resolved amicably. If a conflict between Vendors cannot be resolved, the Municipality may resolve the conflict. The Municipality’s resolution may involve the termination or suspension of Lease Agreements.

INSURANCE & LIABILITY

35. Vendors agree to indemnify and protect the Municipality from any liability, charge, obligation, or expense arising out of or related to this Lease except for the limited amount of electrical service and water that the Municipality has agreed to provide the Vendor.
36. Vendors agree to keep the Municipality indemnified against all claims and demands whatsoever by any person or third-party whatsoever whether in respect of damage to person or property, arising out of or occasioned by the Vendor’s use or occupancy of the Premises, Structure, Lands, operation of the Business or any part thereof. And Vendors further covenants to indemnify the Municipality with respect to any encumbrance on or damage to the Premises, Structure, Lands occasioned by or arising from the act, default, or negligence of the Vendor, its officers, agents, servants, employees, contractors, customers, invitees or licensees. Vendors agrees that the foregoing indemnity shall survive the termination of this License.
37. All Vendors are required to carry insurance, insuring against the risk of damage to the Vendor’s property on the Premises and the Structure with a minimum limit of Two Million ($2,000,000) Dollars per occurrence. Such policies shall name the Municipality of Brighton as an additional insured and include a cross-liability endorsement. Vendors shall provide the Municipality with a copy of these policies before the Commencement Date and thereafter upon written request by the Municipality.
38. During the Term, the Vendors shall ensure that the Municipality has a current and valid “Clearance Certificate” or an “Exemption Letter” from the Workplace Safety and Insurance Board stating that the Licensee has no obligation to be registered with the Board.
39. Vendors understand and agrees that the Vendor, nor anyone hired by the Vendor, covered by the Municipality under the Workplace Safety Insurance Act, Employment Insurance Act, or any other act whether provincial or federal in respect of the Vendor, the Vendor’s employees and operations. The Municipality is not to be deemed the employer of the Vendor or its personnel under any circumstances whatsoever.
40. Vendors agree to waive any and all claims that the Vendor may have or may in the future have against the Municipality and its elected officials, directors, officers, employees, agents and representatives and to release the Releasees from any and all liability for any loss, damage, expense or injury (including death) that the Vendor may suffer as a result of or that arise out of the operation of the Premises due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers’ Liability Act, on the part of the Releasees, and including but not limited to:
    1. business losses or lost profits;
    2. damage to personal property including to the Premises caused by high water levels, flooding, or other adverse weather conditions; or
    3. other dangers and hazards associated with the operation of the Premises.

 EXCLUSIVITY

41. The Municipality cannot and does not make any representation, promise or warranty of any kind to the Vendor regarding the number of patrons or the revenues or profits the Vendor may earn from the Premises and Business. The Vendor acknowledges that the Municipality has not promised the Vendor any exclusivity with respect to the Business on the Lands. The Municipality will not be responsible to the Vendor for any lost revenues or profits, business losses or damages of any kind arising out of or in any way.