The 2021 Last Fling is a FREE Event!
September 3 - 6, 2021

Food Vendors

Naperville Jaycees Last Fling

Food Vendor Rules and Regulations

The following applies to all food concessionaires who apply to or attend the Naperville Jaycees Last Fling which is run by NCCOI, doing business as Naperville Jaycees Last Fling, an Illinois Not-For-Profit Corporation of Naperville, Illinois, (hereinafter “Jaycees”)

 

  1. Vendor Space: The Jaycees will provide Vendor with location(s) on the Jackson Avenue throughfare. Final location(s) to be assigned at load-in..
    1. Vendor agrees that the Jaycees shall have sole authority and discretion in the assignment of the spaces at the Last Fling.
    2. Booth tents, signs, tables, condiment tables, cooking equipment, or other items related to Vendor operation must not project past the space provided. Space requirements outside the 10’x10’ or 10’x20’ allotments, must be requested at time of application. This may apply to structures such as trailers with non-removable tongues and/or additional grill space. Failure to communicate accurate spatial requirements may result in fines to Vendor and/or loss of partial or full security deposit (Exhibit D).
  2. Rentals: All rentals are subject to available inventory.
    1. Ice Chests: Ice chests may be available for $200
    2. Tents: Tents may be rented from the Jaycees at the cost of $200/10’x10’ tent and $400/10’x20’ tent (see note 8).
    3. Tables: Tables may be rented from the Jaycees. The rental cost is $10 per 2’x8’ table
    4. Other Rental Items: For information regarding additional rental items please contact the Last Fling Food Vendor Committee.
    5. Rental Fees: All rental fees must be paid by August 9th. Vendor shall pay all costs resulting from damaged rental items (ice chest, tent, and table) to the rental provider.
  3.  Penalties & Violations
    1.  Prior to checkout, Vendor must return event space to its pre-event condition.
    2. Cleanup includes, but is not limited to, dumping of any remaining ice, removal of tarpaper floor, and cleanup of any other debris around the space.

    3. In the event Vendor fails to perform under this agreement, the Naperville Jaycees shall be allowed to pursue any remedies at law or in equity.

    4. Please see Exhibit D (below) for a complete list of violations and penalties.

    5. The Naperville Jaycees, the Naperville Community Charitable Organization, Inc., the City of Naperville, the Nichols Library, and the Naperville Park District reserve the right to pursue restitution resulting from violations.

      EXHIBIT ‘D’

       

      Violation

      Penalty per violation
      Trash in booth space during/after check out (including tar paper) $150
      Equipment remaining in space during/after check out $100
      Spatial requirements not properly represented in contract $50 per foot
      Sold food items not listed on or at prices not disclosed in Exhibit A : $50 per item
      Used but did not purchase additional electricity $100 per 20 amp circuit
      Damaged rented tent, table, or ice chest Pay charge from rental company
      Spilled grease or incorrect disposal of said grease $300 per incident
      Spilled grey water or incorrect disposal of said grey water $300 per incident
      ANY health code violation Cease operations at Health Code Inspectors discretion
      ANY fire code violations Cease operations at Fire Inspectors discretion and forfeit deposit
      Operation outside contracted hours or not open during contracted hours

      Cease operations at Jaycees’ discretion

       
  4. Beverages: Vendor agrees not to sell carbonated beverages, sports drinks, iced teas, fruit drinks, and/or bottled water at the Last Fling unless contracted to do so through the Naperville Jaycees. Only shake-ups, smoothies (yogurt, milk or ice cream based), and other prepared beverages will be considered.
    1. Vendor must receive written approval to sell any type of beverage at the Last Fling.
    2. Any permission for the sale of specific beverage items is at the sole discretion of the Naperville Jaycees, this includes lemon shake-ups.
    3. Carbonated beverages and bottled water will be available for purchase from the Naperville Jaycees. Pricing will be provided, in the form of an Addendum to the contract, at the August Food Vendor Meeting.
  5. DuPage County Department of Health: Vendor agrees to obtain, at its expense, all necessary health, food, or other permits and/or licenses, including a temporary permit from the DuPage County Department of Health.
    1. Jaycees will provide Vendor with a potable water source. Vendors choosing to use this water source must provide an approved food grade quality hose outfitted with a T-valve and backflow device.
    2. Vendor agrees to fully comply with all requirements of the DuPage County Health Department.
    3. Vendors preparing food must use fans to keep flies out and provide bee traps.
    4. Vendor must not smoke in their booth.
    5. Vendor must provide hand-washing station with container to collect wastewater.
    6. Vendor must not pour anything down storm sewers.
    7. Vendor must obtain health and sanitation rules, regulations from and pay all fees to the DuPage County Health Department. //www.dupagehealth.org/temporary-food-service
  6. Grey Water, Grease, and Garbage: Vendor agrees to comply with the rules pertaining to grey (used) water, grease, and garbage disposal. Failure to comply with these rules may lead to the forfeit of the Vendor’s security deposit.
    1. Jaycees will provide grey water sinks. The vendor agrees to use provided strainer and to clear any drainage clogs resulting from use of these facilities.
    2. Jaycees will provide grease bins. Vendor agrees to dispose of all grease into these bins.
    3. Jaycees will provide garbage dumpsters. Vendors are expected to remove all garbage from their vending location to designated areas within 30 minutes after closing. Trash shall not be piled up under Vendor tent. Trash removal to the proper containers shall be conducted as needed.
  7. City of Naperville Fire Department: Vendor agrees to comply with all the rules and regulations of the City of Naperville and the Naperville Fire Department. For further questions, please call the Naperville Fire Prevention Bureau at (630) 305-3768.
    1. Vendor must hang an all-purpose fire extinguisher (Class “K”) with current tags.
    2. Open-flame cooking under tent or other structure is prohibited. All open-flame cooking must be at least five (5) feet away from all structures. If open-flame cooking space is required Vendor must choose locations to suit. Any open flame needs not specified until event may result in mandatory location change and additional costs to Vendor.
    3. Vendor must maintain clearance of paper products and other combustible materials from heat producing appliances.
    4. Vendor tent, including side flaps, must be flame resistant and have appropriate ratings. Vendor must be able to verify fire rating via a Certificate of Flame Resistance. (Tents rented from the Jaycees are fire rated with certificates on file).
    5. Vendor tents must be adequately secured with sand bags, no spikes will be allowed (unless tent is rented from the Jaycees.
    6. All electrical connections must be off the ground and kept away from water sources (including environmental factors)
    7. All lighting under or around tents or canopies must be listed and labeled for damp location or wet location as appropriate. Halogen lighting is prohibited.
    8. All extension cords must be 14 gauge (preferable 12 gauge) and rated for outside use. Frayed, cut cords are unacceptable.
    9. All LPG cylinders shall be secured a minimum of 10’ from any structure. Only approved LPG connectors shall be used. Only connected cylinders and one (1) additional tank are permitted.
    10. Grills shall be separated from the public by a minimum of 3’. Discarded coals shall be soaked and properly disposed of.
    11. Vendor agrees to read and understand provided Emergency Action Plan, which will be provided during the Food Vendor meeting.
    12. Vendor agrees to list fuel source for cooking on Exhibit A (pg. 18) along with the size of the fuel container(s), where applicable.
    13. Vendors on Jackson Street shall keep sidewalks clear of all objects at all times as this area is considered an emergency exit path.
  8. Electrical: The Jaycees will supply electrical service for the space provided to the Vendor at a flat-fee of $200. Vendor must bring own extension cords (or power strips with GFI minimum 12 gauge wire), of proper wattage, for all electrical appliances.
    1. Vendor shall list all electrical requirements in the application. All electrical fees shall be paid no later than August 9th.
    2. The Jaycees cannot guarantee that electrical requirements not listed in the application will be available at the Last Fling. Most likely, they will not be available, as supplies are limited. All electrical connections must be off the ground and kept away from water sources (including environmental factors)
    3. If a Vendor exceeds the electrical needs listed in the application, it shall be liable for any damages caused, including consequential damages. Any Vendor that continues to exceed its electrical needs listed in the application shall be considered in breach of this agreement. In the event of breach by the Vendor, the Jaycees shall be entitled to terminate this agreement, remove the Vendor from the premises and retain all fees paid by Vendor as liquidated damages for the Vendor’s failure to comply with this agreement.
  9. Vendor Menu: A completed menu must accompany the application. Vendor agrees to sell only those item(s) shown in the application, and approved by the Jaycees in advance of the Last Fling. Any changes to the menu require written approval from the Jaycees Food Vendor Chairperson at least 15 calendar days in advance of the event. All Vendors are subject to the following:
    1. Vendor will sell only the food items listed in the application at the Last Fling.
    2. Jaycees have the sole authority to sell bratwursts and hotdogs at the Last Fling.
    3. All items shall be approved on a “first come” basis.
  10. Payment: Vendor agrees to pay the Jaycees for each space (exclusive of additional electrical or equipment fees) as stated per the location options above. The payment schedule for the fees is:
    1. Full nonrefundable payment of the items listed on the invoice must be received no later than August 9th. If full payment is not received by 11:59p.m., August 9th an additional fee of one hundred dollars ($100) may apply per week until payment is received.
    2. All payments will be made in the form of a company check or credit card. Checks should be made payable to NCCOI.
  11. Hours of Operation: Vendor agrees to comply with the schedules for the operation of its food booth as stated per the maps above.
    1. Upon arrival Vendors shall obtain Jaycee Food Vendor Chairperson approval prior to set up. Vendor may not set up their booth until 11:00 AM on the event Friday. The Jaycees shall coordinate load-in times, should scheduling be required.
    2. Vendor shall have a representative onsite for inspection by the DuPage County Health Department on the event Friday, at a time to be specified by the Health Department, sometime between 12:00 and 3:00 p.m. 
    3. Break-down shall be no earlier than 6:00 PM on the event Monday or after the event has been cleared by the Naperville Police Department, whichever is later.  Vendor may not leave the premises prior to Vendor checkout and walkthrough procedure, turn in of applicable tax forms, and sign-off by an authorized representative of the Naperville Jaycees. This procedure verifies the street has been properly cleaned and cleared of all items relating to said Vendor.
  12. Miscellaneous: Vendor also agrees to:
    1. Provide its own signage: identifying its operation and abiding by the Jaycees’ regulations regarding placement and size of such (see note 1.3). All banners or posters must be inside the Vendor’s space.
    2. Wear uniforms, hats or other items of clothing to help identify the persons involved in Vendor’s operations.
    3. Clean and secure the Vendor’s space each night (Jaycees shall provide a limited amount of overnight security).
    4. File and pay all food and beverage taxes due to the City of Naperville (information to be provided)
    5. File the appropriate Illinois sales tax return forms with the Illinois Department of Revenue after the event.
    6. All Vendors must attend the August Food Vendor Meeting (date and time TBD).
  13. Insurance: Vendor agrees to provide to the Jaycees on or before August 1 a current certificate of insurance (COI), which shall be effective for the dates of the Last Fling during that event year.
    1. The certificate will provide for coverage, which shall include, but not be limited to, general liability coverage in the amount of at least $1,000,000 (One Million Dollars).
    2. The certificate will provide a waiver of subrogation and thirty (30) days cancellation notification. The Naperville Jaycees, the Naperville Community Charitable Organization, Inc., the City of Naperville, Nichols Library,  and the Naperville Park District shall be included on said certificate as additional insured’s.
  14. Liability: Vendor agrees to pay for any damage done by it or its agents and employees to any personal or real property (e.g., tents, tables, streets, etc.) provided by or through the Jaycees to the Vendor at the Last Fling.
  15. Security Violations: Vendor agrees to abide by all security measures set forth by the City of Naperville, The Naperville Park District, Naper Settlement, and/or the Naperville Jaycees.
    1. Failure on the Vendor's part to comply with these measures shall be a breach of contract.
    2. In the event of breach by the Vendor, the Jaycees shall be entitled to terminate any existing contract, retain all fees paid by Vendor as liquidated damages and demand the immediate exit of the Vendor from the event.
  16. Failure to Perform: Vendor agrees that all fees paid to the Jaycees (excluding deposit) are non-refundable, and that any failure on the Vendor’s part to comply with this agreement shall be a breach of contract.
    1. In the event of breach by the Vendor, the Jaycees shall be entitled to terminate this agreement and retain all fees paid by Vendor as liquidated damages for the Vendor’s failure to comply with this agreement.
    2. Failure to perform includes Vendor “no show.” Vendor “no-show” is considered breach of contract and is therefore subject to loss of any/all deposits and/or fees submitted.
      1. In the event Vendor, under contract, notifies the Last Fling Food Vendor Committee, in writing, their intention to withdraw from the event, by July 31st of that event year, Vendor may receive full refund of any/all deposit(s) and other Vendor fees.
      2. In the event Vendor, under contract, notifies the Last Fling Food Vendor Committee, in writing, their intention to withdraw from the event, between July 31st and the date of the scheduled Food Vendor Meeting of that event year, the Jaycees shall retain any/all deposit(s) but may refund other Vendor fees.
      3. In the event Vendor, under contract, fails to notify the Last Fling Food Vendor Committee, in writing, their intention to withdraw from the event, prior to 12pm on the day of the scheduled Food Vendor Meeting of that event year shall be considered a Vendor “no show” and as such the Jaycees shall be entitled to retain all fees, including deposit, paid by Vendor as liquidated damages for the Vendor’s failure to comply with this agreement.
  17. Failure to Disclose: Vendor agrees that all fees paid to the Jaycees are non-refundable (excluding deposit), and that failure on the Vendor’s part to disclose completely and truthfully the information requested in this agreement shall be a breach of contract.
    1. In the event of breach by Vendor, the Jaycees shall be entitled to terminate any existing contract and retain all fees paid by Vendor as liquidated damages for the Vendor’s failure to comply with this agreement.
  18. Indemnification: Vendor agrees to indemnify the Naperville Jaycees, the Naperville Community Charitable Organization, Inc., any officer or member of the Jaycees, the City of Naperville, Nichols Library, Naper Settlement, Naperville Heritage Society and/or the Naperville Park District from any and all fees, costs and expenses incurred by them in connection with any claim, lawsuit, or proceedings arising out of or in connection with any act or omission of the Vendor or its agents in connection with the Vendor’s involvement with the Last Fling.
  19. Litigation or Collection: In the event of litigation or collection proceedings result from a breach of contract, the Vendor agrees to pay any and all damages and costs including reasonable attorneys’ fees of the Naperville Jaycees, or the Naperville Community Charitable Organization Inc., to enforce the terms of this contract.