Thank you for your interest in participating in the City of Box Elder’s Events!

This Event Vendor Agreement permits the Vendor to display, exhibit, or provide items for sale or exhibit during the Box Elder Events.

VENDOR RESPONSIBILITIES: a. USE OF PUBLIC EQUIPMENT: The Vendor will not use City equipment, supplies, or facilities without the express, written consent of the City.

2. GENERAL: a. INSURANCE: At all times during the term of this Agreement, the Vendor shall obtain and maintain in force occurrence-based commercial general liability with a limit of not less than $1,000,000.00 per occurrence, automobile liability insurance with a limit of not less than $1,000,000.00 each accident; and Workers’ Compensation coverage as required by South Dakota law.

b. HOLD HARMLESS: To the fullest extent permitted by law, the Vendor agrees to indemnify and hold the City’s officers, agents, and employees harmless from and against any and all actions, suits, damages, liability or other proceedings that may result from performing services hereunder. The Vendor is not required to be responsible for or defend against claims or damages arising solely from errors, omissions, or negligent acts by the City, its officers, agents, or employees.

c. TERMINATION: i. The City reserves the right to terminate this Agreement at any time, with or without cause.

SCHEDULE: Vendors may occupy their assigned space during designated setup and event hours only.

CERTIFICATION OF PROHIBITED ENTITY STATUS

SDCL 5-18A-51 SDCL 5-18A-1(19A) defines “Prohibited Entity” as follows:

“[A]n organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of their principal place of business, which is ultimately owned or controlled by:

(a) A foreign parent entity from the People's Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Russian Federation, or the Bolivarian Republic of Venezuela; or

(b) The government of the People's Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Russian Federation, or the Bolivarian Republic of Venezuela.

A prohibited entity does not include a citizen or legal permanent resident of the United States, or an individual foreign national.”

The undersigned hereby certifies the following:  

I understand that a Vendor who becomes a Prohibited Entity, as defined above, at any time after making this certification that it is not a Prohibited Entity, Vendor must provide written notice to the City, who may terminate the contract. 

I understand that the City of Box Elder has the right to terminate a contract with any contractor who submits a false certification, and that any vendor who submits a false certification may be subject to suspension or debarment under SDCL 5-18D-12.