2. 
4. MOBILE FOOD TRUCKS CONCESSION PERMIT GUIDELINES

   Section 1 - DEFINITIONS OF TERMS  

   The following terms as used throughout this document and the attachments are defined as follows:

   1. City ‑ The City of Dallas, Texas, acting through its Park and Recreation Director.
   2. Department ‑ The City of Dallas Park and Recreation Department.
   3. Director ‑ The Director of the Dallas Park and Recreation Department and/or his designated representatives and/or agents. 
   4. Applicant ‑ Is interchangeable with and synonymous with the terms "CONCESSIONAIRE", "PROVIDER", each term of which is used to mean the person(s) who is submitting a written request for a temporary permit to provide the specified services.
   5. Mobile Food Truck Concession Permit – a permit issued by the City of Dallas Park and Recreation Department – Athletics, Events & Reservations Office; authorizes the entry to the City of Dallas parks to conduct food concessions for 9-month period.
   6. Mobile Food Service Permit – a one (1) year renewable permit issued by the City of Dallas Code Compliance Department-Consumer Health Division; addresses the safety aspects of food sold for human consumption, while in the City of Dallas Parks.
   7. Consumer Health – The City of Dallas Code Compliance Department-Consumer Health Division; oversight for the safety and conditions associated with the sale of food consumed by the public, responsible for conducting inspections of temporary food establishments within the City of Dallas Parks (trailers), as well as issuing Mobile Food Service Permits.              

   Section 2 - PERMIT REQUESTS

   1. Mobile Food Truck Concession Permit Guidelines are available from:
      Charli Jackson
      Athletics, Events & Reservations Office/City of Dallas Park and Recreation
      8100 Doran Circle
      Dallas, Texas 75238
      (214) 670‑8890
   2. All requests must be submitted in writing and specify which park location the permit request is for.
   3. The City reserves the right to reject any and/or all requests.
   4. The Director, and/or designated representative, will evaluate requests for compliance with the terms and conditions and will initiate the process to secure approval of the Mobile Food Truck Permit Agreement.
   5. Permits shall be issued to a single concessionaire to service a maximum of two (2) park sites and issued for a specified time period not to exceed nine (9) months.  
   6. Upon receipt and approval of complete application of all requirements, a Mobile Food Truck Permit Agreement will be signed by the City and the applicant.

   SECTION 3 - QUALIFICATIONS AND REQUIREMENTS  
   Each applicant shall submit one (1) original application and three (3) copies.  These applications shall be submitted in a sealed envelope and mailed to the following address:     Charli Jackson
   Athletics, Events & Reservations Office/City of Dallas Park and Recreation
   8100 Doran Circle
   Dallas, Texas 75238
   (214) 670‑8890 

   The applicant who submits the request must meet the minimum requirements, as detailed below, and shall include in the request the following documents: which will be used as the evaluation criteria in selecting the most qualified applicant(s):

   1. A complete resume, including experience as it relates to this service with events, number of persons serviced, reference names and phone numbers.
   2. A list of equipment, photograph(s) and/or descriptive literature, that illustrates the exact equipment to be used to provide the service.  The vehicle must be furnished with the proper equipment to meet the Consumer Health guidelines for mobile food preparation vehicles.
   3. A description of the type of products to be sold and the respective selling prices for each item.  NOTE: The sale of alcoholic beverages is specifically prohibited.   Access to utilities at each site may determine products permitted to be sold.  This description of type of goods sold should be updated and provided when any revisions are made.  
   4. Confirmation from an insurance agency of ability to secure the required general liability and auto liability insurance (See Attachment I).  All new and renewed permits will require insurance coverage for the entire term of the Agreement.
   5. Operating schedule that shows the months, days and hours the applicant proposes to operate.  Information on park usage, including facility reservations, can be obtained by contacting Athletic Reservations at (214) 670-8242 or (214) 670-8898. Permit holder may be required to schedule days and times their mobile food truck will be at a site utilizing an online reservations system.  
   6. As part of the vetting process, each applicant must successfully complete a background check. The applicant will complete the background check online via Quick Search, a licensed private investigations firm.  The applicant will receive an email from Quick Search with instructions.   Information disclosed is confidential and will be taken into consideration, before a permit is issued.
   7. Provide a copy of the Texas Sales and Use Tax certificate.  Concessionaire is responsible for reporting taxes to the State Comptroller.
   8. The applicant’s Mobile Food Preparation Vehicle must pass a Consumer Health inspection prior to the Park permit being processed.  An additional inspection may be ordered by the City of Dallas Fire Department, based on the type of equipment used within the concessions operation.  To schedule inspections, contact the City of Dallas Fire Department at (214) 670-4319 for the first inspection, and then the Consumer Health Division between 8:00 am and 4:30 pm at (214) 670-8083 or visit the office at 7901 Goforth Road, Dallas, Texas 75238.
   9. Applicant will schedule an appointment with the Athletics, Events & Reservations Office to obtain the park concession permit. 

   SECTION 4 ‑ GENERAL GUIDELINES  

   1. The applicant will be required to enter into a written agreement, which will embody the content of the guidelines provided, granting the privilege and right to operate a Mobile Food Preparation Vehicle within the City of Dallas park.
   2. The term of the Mobile Food Truck Concession Permit Agreement will be for a specified period of ten (10) months.   Permit fees are non-refundable and permits are not transferable.
   3. The concessionaire will be required to post a concession identification sign provided by the Park Department on the mobile food preparation vehicle, to clearly identify that the concessionaire operation is approved.  The sign will also include a phone number for citizens to call for any complaints or concerns.  Park Permits (3 ¼ x   8 ½; white with blue print), issued by the Park and Recreation Department with an expiration date, concessionaire’s name and park location will clearly be posted within the concession trailer in plain view of the public. The permit will also include a phone number for citizens to call for any complains or concerns. Concessionaire will be given two warnings, if the permit and/or sign are not properly posted in clear view of the patrons at all times.  The park permit will be terminated and/or concessionaire will lose rights to purchase a new permit on the third occurrence.
   4. The City of Dallas Park and Recreation Department is committed to providing exemplary services to the public. Therefore, the applicant must observe the following guidelines: 
   5. Equipment ‑ All equipment and fixtures required for this operation shall be of modern design, quality material, sufficient in number to adequately serve the public, and provided by the concessionaire at his or her expense and subject to approval by the Director or his authorized representative.  The concessionaire shall maintain and keep the equipment in good working order.  
   6. Personnel ‑ Concessionaire agrees to provide adequate onsite supervision of this operation to insure satisfactory operation to the Park and Recreation Director and efficient service to the public.  The Park and Recreation Director shall have the right to supervise the manner of executing the privilege granted and the conduct of the concessionaire and his or her employees.
   7. Hours ‑ The Park and Recreation Director reserves the right to regulate the hours the concessionaire may be in the park
   8. Concession Location ‑ The Park and Recreation Director reserves the right to designate and/or restrict locations and/or areas of the park where concessionaires may set up/conduct a concession business. The Athletics, Events & Reservations Office will designate a location for food truck parking at the concessionaire’s assigned park.    
   9. Before submitting a permit request, applicant will be held responsible for having examined the park site and satisfied him or herself as to the existing conditions under which he or she will be obligated to operate or that will in any manner affect his or her services under the contract to include electrical service availability. No allowances shall be made in on behalf of the applicant for any error or negligence on his part.

   SECTION 5 ‑ SPECIFICATIONS  
   The Park and Recreation Department (City of Dallas) will enter into a written agreement with the approved applicant, granting the privilege to sale food and drink concessions at specific park.  The privilege will include mobile concession operations at designated areas only.

   TERM
   The term of the Concession Permit Agreement will be for a specified period of nine (9) months.  The agreement is subject to conditions hereinafter stated; the violation of which will be sufficient cause for cancellation of the agreement by the Park and Recreation Director of the City of Dallas and/or the Director's designated representative(s). 

   PERMIT FEES
   Permit fees are $1,000 for nine (9) months, payable at the time the permit is issued.  No other fees or commissions to the Park and Recreation Department will apply.   Permit fees are non-refundable and permits are not transferable.

   SALE OF COMMODITIES

   1. Concessionaires shall at all reasonable times keep available for sale of food and drink products for which there is or shall be a reasonable demand; the price of which shall at all times be reviewed by the Park and Recreation Director or designee.  The Park and Recreation Department Director, or designee, reserves the right to recommend pricing changes when a MFPV vendor has pricing not consistent with the market or similar operating entities.   
   2. This description of type of goods sold along with pricing will be updated and provided to the MPFV Permit Coordinator when any revisions are made.  All prices must be visible to customers at all times. 
   3. The concessionaire will not be permitted to sell any alcoholic beverages at any City of Dallas park.
   4. All City, State, County and other governmental regulations relative to public health shall apply to this concession operation.
   5. No sales with any element of chance are permitted on any park.
   6. No hawking or noisy canvassing for sale shall be made on any part of the grounds of said parks.
   7. Concessionaire shall sell no novelties, clothing or school supplies on premises.
   8. All transactions must be completed using a cash register (supplied by concessionaire) and sale window of cash register must be visible to patrons at all times.

   REPORT OF SALES
   By the 10th of each month, a monthly report will be provided to the City of Dallas Park and Recreation – Athletics, Events & Reservations Office detailing the sales from your Mobile Food Preparation Vehicle operating on the permitted park location, as approved within the issued permit, for the previous month.  

   CONSUMER HEALTH PERMIT
   All food and drink concession operations in the park will need temporary food service permits issued by the City of Dallas Consumer Health Division.   Final approval and issuance of consumer health permits will be completed upon review of menu and facilities provided.   Consumer health permits cannot be obtained until approved by the Park and Recreation Director and/or his designated representatives. For additional information, please call the City of Dallas Consumer Health Division at (214) 670-8083.

   SUPERVISION
   Concessionaire will directly supervise this concession operation at all times.  The Park and Recreation Director or his authorized representative shall have the right to supervise the manner of exercising the privilege hereby granted and the conduct of the concessionaire and his employees.  The Park and Recreation representative for this supervision will be the Director and/or his designated representative(s).

   The concessionaire shall not discriminate against any employee or applicant for employment or in providing the public service specified in this agreement because of race, creed, color or national origin.   The concessionaire shall, in all solicitations or advertisements for employees placed by or on behalf of the concessionaire; state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin.

   CLEANLINESS
   The concession shall be conducted in a clean, orderly and legitimate manner and in accordance with existing ordinances and laws regulating food concession.  No rubbish, glass, plastic, or cardboard boxes of any kind shall be discarded upon the grounds or in any buildings by concessionaire or anyone working for concessionaire.  Concessionaires are required to bring two trash receptacles to place outside the mobile food truck trailer.  Concessionaire will be required to remove trash collected from their food preparation and from their outside trash receptacles when leaving the park.    Concessionaire will be given two warnings, in the event litter is not properly removed and/or the concession area is not kept clean and free of debris.  The park permit will be terminated and/or concessionaire will lose rights to purchase a new permit on the third occurrence.

   UTILITIES
   Electric power, sewer and water from existing outlets in the park area may be used for the operation of concession equipment at no cost to the concessionaire.

   WASTE WATER
   The concession shall not dispose of, or cause the waste of, any water upon the park grounds or into any facilities or storm drains.   All wastewater, including ice used as a coolant, must be drained into a retention tank and properly disposed, in accordance with the Consumer Health Division guidelines.  Concessionaire will be given a single warning regarding waste water compliance. The park permit will be terminated and/or concessionaire will lose rights to purchase a new permit on the second occurrence.

   ALTERATIONS
   It is expressly understood that any changes or alterations within any of the park concessions locations shall be made at the expense of the concession operator; and no changes or alterations shall be made without the written approval of the Park and Recreation Director or his authorized representative.  Concessionaire or the contractor of any alterations agrees to provide insurance as set forth by the Risk Management Division of the Human Resources Department.

   OTHER CONCESSION CONTRACTS
   The Park and Recreation Director reserves the right to enter into contract and offer other concession services at locations within these parks should demand or occasion warrant such services.  

   SUBLET OF CONCESSION
   The concessionaire hereunder shall not sell, sublet or assign this contract or any portion thereof to any other person or persons, except upon the written approval of the Park and Recreation Director.   Any assign or lease under this provision shall be subject to all of the provisions of this contract.

   VIOLATION OF CONTRACT, LAW AND/OR ORDINANCES
   In the event that any sublease, assignee or employee of the concessionaire is found willfully violating any law or ordinance or condition of this contract or becomes objectionable and offensive to the good order and use of said grounds, the concessionaire shall be required to immediately remove any such person from said grounds.  The Park and Recreation Director may, in addition thereto, terminate and cancel this agreement at its option, and have the equipment removed from the area.

   LIABILITY
   The Park and Recreation Department (City of Dallas) does not guarantee police protection and will not be liable for any loss or damage sustained by the concessionaire.  City agrees to allow Concessionaire to terminate service and remove equipment without penalty from park locations where excessive vandalism may occur. Determination of excessive vandalism will be according to the judgment of City's Supervisor of Concessions, as the representative of the Park and Recreation Director, and the designated representative of Concessionaire. Concessionaire shall hold and save the City of Dallas whole and harmless from any and all claims for damages of whatsoever nature and kind, suffered or asserted to have been suffered by the person or property of any person whomsoever growing out of or resulting from or in any way connected with the exercise of the privilege herein granted, except for any loss or damage resulting from the negligent acts of any employee of the City of Dallas.  Nothing herein shall be construed to alter Concessionaire's status as an independent contractor.  The City of Dallas expressly denies any implied master‑servant relationship or any constructive employment of concessionaire.

   CERTIFICATE OF INSURANCE
   Approved concessionaire shall purchase and maintain during the term of the contract insurance as described in Attachment I and agrees to the indemnification agreement therein.

   TERMINATION CLAUSE
   It is further understood and agreed that the concessionaire will vacate any park site without delay upon thirty (30) day written notice by the City of Dallas or the Park and Recreation Director.  In the event the contract is for any reason canceled, or at the termination of the contract and in case the concessionaire fails to vacate the said premises upon aforesaid cancellation or at the termination of the contract, the Park and Recreation Department  (City of Dallas) shall not be responsible for any damage that might occur to said concessionaire, by virtue of the City of Dallas forcibly removing the property of the concessionaire and without prejudice to any remedies which might otherwise be used for possession or for arrears of percentage payment.

8. Applicant's Name*
9. Date of Birth*
   Date of Birth
11. Street Address*
12. City*
13. State*
14. Zip Code*
16. Contact Number*
17. Email Address*
21. Vendor (Business) Name*
22. Anticipated start date: *
    Anticipated start date:
24. Brief description of items being sold: *
26. Requested Park Name*
27. Requested Park Location Address*
29. Requested Park Name
30. Requested Park Location Address
32. Electronic Signature

    1. I Accept

    By selecting the "I Accept" button you certify that the information provided on this application is true and correct and understand that providing false or fictitious information will render this application invalid

    By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement.

    By selecting "I Accept" using any device, means or action, you consent to the legally binding terms and conditions of this Agreement. You further agree that your signature on this document (hereafter referred to as your "E-Signature") is as valid as if you signed the document in writing. 

    You also agree that no certification authority or other third party verification is necessary to validate your E-Signature, and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting agreement between you and the City of Dallas. You are also confirming that you are the person authorized to enter into this Agreement.

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