[SAMPLE]_Food_Truck_Agreement.pdf

SAN MATEO COUNTY PARKS DEPARTMENT

FOOD TRUCK AGREEMENT

This Agreement, dated, for reference purposes only, as this XX day of XXXXXX, 202X, is by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California, (“County”), by and through it Parks Department (“County Parks”), and XXXXXXXXXXXXX (“Food Truck”). The purpose of this Agreement is to provide the County’s authorization for Food Truck to sell items to members of the public on County Parks property, on the specific dates and at the specific locations authorized by County Parks, subject to the terms and conditions set forth herein.

A. Exhibits and Attachments

The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A – Items and Prices List Attachment J — Mandatory Paper Product Procurement Requirements

B. Conditions of Authorization for Food Truck to Sell Items on County Parks Property

By this Agreement, County authorizes Food Truck to sell items to members of the public on County Parks property, on the specific dates and at the specific locations approved in writing by County Parks. In consideration for County’s above-described authorization, Food Truck agrees to offer all items for sale at fair and reasonable prices, as set forth in Exhibit A here, based on the following considerations:

The market prices charged by other competing and/or comparable businesses.

The reasonableness of the profit margin as related to similar food trucks.

The Parks Director, or his/her designee, shall have the right to inspect the price list/schedule and methods of operation, and if in his/her discretion any service and/or price is determined to be unfair, unreasonable, or inappropriate for the items sold, Food Tuck shall modify such price and/or service as may be required by the Parks Director or his/her designee prior to selling any items within County park areas.

Food Truck must accept (without limitation) credit cards, debit cards, and cash as payment from park visitors for items listed in Exhibit A of this Agreement.

Food Truck understands and agrees that this Agreement imposes no duty or obligation on County to pay or compensate Food Truck.

C. No Sale of Alcohol Without County’s Permission

Food Truck understand and agrees that alcohol may under no circumstances be served to guests at the event(s), even if any guests are of legal drinking age, unless expressly authorized in writing by County Parks, and that Food Truck’s violation of this provision shall result in the immediate revocation of County’s authorization for Food Truck to sell items on County Parks property.

D. Term & Termination

Subject to compliance with all terms and conditions, the term of this Agreement shall be from XXXXXX XXth, 202X, through XXXXXX XXth, 202X.

This Agreement may be terminated by either party at any time without a requirement of good cause upon five (5) business days’ advance written notice to the other party. In the event that Food Truck materially breaches any provisions of this Agreement, County may immediately suspend Food Truck’s authorization(s) under this Agreement by providing written notice to Food Truck thereof.

E. Permits & Licenses

Food Truck represents and warrants that it has all permits and licenses required to operate as a food truck and to prepare and sell food in the County of San Mateo, California, including, but not limited to, a County Health food handler/seller permit to sell food in San Mateo County and a Mobile Food Facility Permit as required by the County of San Mateo. Food Truck represents and warrants that it will comply with all applicable laws, regulations, and County Parks policies at all times during Event(s).

a. Relationship of Parties

County shall not become or be deemed a partner or joint venturer with Food Truck by reason of this Agreement or any provision hereof. Nothing in this Agreement shall be construed to make Food Truck an agent, employee, or department of County. Food Truck warrants that it will not represent, directly or indirectly, to any person or entity, that it is a department, agent, or employee of the County or that it is performing any official function of the County.

F. Insurance

Food Truck shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with performance of the services and obligations under this agreement. The cost of such insurance shall be borne by Food Truck.

Food Truck shall maintain the following coverages: General Liability with limits of $1,000,000 per occurrence/$1,000,000 in the aggregate for bodily injury, personal injury and property damage. Business automobile liability for any auto with limits of $1,000,000 in the aggregate. As necessary, Workers’ Compensation insurance coverage with limits as required by the State of California and Employer’s Liability with limits of $1,000,000 per accident for bodily injury or disease.

The County of San Mateo (address: 455 County Center, Fourth Floor, Redwood City, CA 94063) shall be named as additional insured under Food Truck’s General Liability and Business Automobile Liability insurance policy. Food Truck shall furnish County with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by County before the Event(s). However, failure to do so shall not operate as a waiver of these insurance requirements. County reserves the right to require complete, certified copies of all required insurance policies, including endorsements at any time.

G. Force Majeure

If the Food Truck is detained by accident, riots, strikes, illness, epidemics, acts of God, or any other legitimate condition beyond Food Truck’s reasonable control, both parties shall be relieved of all responsibilities pursuant to this agreement and the agreement shall be deemed rescinded.

H. Indemnification

Food Truck hereby agrees to hold harmless, indemnify and defend County and its officers, agents, employees, and servants from any and all liability, including defense costs, resulting from injury to or death sustained by any person, or damage to property of any kind which is in any way connected with this Agreement except from any such liability arising from the negligence or willful misconduct of County and its officers, agents, employees, and servants.

I. Compliance with Laws

Food Truck shall comply with all applicable Federal, State, County, and municipal laws, ordinances, regulations, and executive orders, including but not limited to the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance, as well as any required economic or other sanctions imposed by the United States government or under state law in effect during the term of the Agreement. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law, regulation, or executive order, the requirements of the applicable law, regulation, or executive order will take precedence over the requirements set forth in this Agreement.

Further, Food Truck certifies that it will adhere to all applicable provisions of Chapter

4.107 of the San Mateo County Ordinance Code, which regulates the use of disposable food service ware. Accordingly, Food Truck shall not use any non-recyclable plastic disposable food service ware when providing prepared food on property owned or leased by the County and instead shall use biodegradable, compostable, reusable, or recyclable plastic food service ware on property owned or leased by the County.

Food Truck will timely and accurately complete, sign, and submit all necessary documentation of compliance, including (without limitation) Attachment J: Mandatory Paper Product Procurement Requirements.

J. Non-Discrimination and Other Requirements

1. General Non-discrimination

No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.

2. Equal Employment Opportunity

Food Truck shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Food Truck’s equal employment policies shall be made available to County upon request.

3. Section 504 of the Rehabilitation Act of 1973

Food Truck shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement.

This Section applies only to contractors who are providing services to members of the public under this Agreement.

4. Compliance with County’s Equal Benefits Ordinance

Food Truck shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic partner of the Food Truck’s employee is of the same or opposite sex as the employee.

5. Discrimination Against Individuals with Disabilities

The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Food Truck shall abide by the requirements of 41 C.F.R. 60–741.5(a).

K. Assignability and Subcontracting

Food Truck shall not assign this Agreement or any portion of it to a third party or subcontract with a third party without the prior written consent of County. Any such assignment or subcontract without County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice.

L. Governing Law

This agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of laws provisions. The parties expressly agree that any action at law or in equity arising out of, or relating to, this Agreement shall be filed only in the state or federal courts located in the County of San Mateo, California and the parties hereby consent, submit, and waive any objection to the personal jurisdiction or venue of those courts for the purposes of litigating any legal action.

M. Entire Agreement

This Agreement and any Attachments now or hereafter attached, if executed by both parties, supersedes any and all agreement, either oral or written, between the parties and contains all of the representations, covenants, and agreements between the parties. Each party to this agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this agreement, and that no other agreement, statement, or promise not contained in this agreement will be valid or binding. This Agreement may only be amended by a written instrument signed by both parties.

N. Notices

Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via email to the email address listed below; or (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of County, to:

Name/Title: Travis Dunn, Contracts Administrator Address: 455 County Center, Redwood City, CA 94063 Telephone: 650-879-0601 Email: tdunn1@smcgov.org

In the case of Food Truck, to:

Name/Title: XXXXXXXXXXXXXXX Address: XXXXXXXXXXXXXXX Telephone: XXXXXXXXXXXXXXX Email: XXXXXXXXXXXXXXX

Food Truck and County hereby acknowledge that the terms and conditions herein, including those in any applicable attachment or exhibit, constitute the full and complete agreement between the two parties. The representative of the County, in signing this contract, warrants that he/she signs as the properly authorized representative of the County and does not assume any personal liability for meeting the terms of the contract.

Food Truck:

Name of Food Truck: ____________________________________________

Address: ______________________________________________________

Phone: ________________ Email Address: _________________________

Name and Title: ________________________________________________

Signature: ________________________________ Date: ______________

County of San Mateo Parks Department:

Name and Title: _________________________________________________

Signature: ________________________________ Date: ______________

Exhibit A

County authorizes Food Truck to sell the following items to park visitors according to the prices shown below:

==THE BELOW IS AN EXAMPLE OF SALES DESCRIPTION AND OPERATIONAL SCHEDULE==

Flavors:

Chocolate Vanilla Strawberry Pistachio

Prices:

Small $3.00 Medium $5.00 Large $7.00 X-Large $9.00 Ice Cream Sandwich $4.50

Dates and time of operation:

Friday, May 2, 2025: 4pm to 7pm Saturday, May 3, 2025: 11am to 8pm Friday, May 9, 2025: 4pm to 7pm Saturday, May 10, 2025: 11am to 8pm Friday, May 16, 2025: 4pm to 7pm Saturday, May 17, 2025: 11am to 8pm Friday, May 23, 2025: 4pm to 7pm Saturday, May 24, 2025: 11am to 8pm Friday, May 30, 2025: 4pm to 7pm Saturday, May 31, 2025: 11am to 8pm Friday, June 6, 2025: 4pm to 7pm Saturday, June 7, 2025: 11am to 8pm Friday, June 13, 2025: 4pm to 7pm Saturday, June 14, 2025: 11am to 8pm Friday, June 20, 2025: 4pm to 7pm Saturday, June 21, 2025: 11am to 8pm Friday, June 27, 2025: 4pm to 7pm Saturday, June 28, 2025: 11am to 8pm

ATTACHMENT J

Mandatory Paper Product Procurement Requirements

Contractor hereby certifies that they will satisfy the following requirements:

SB 1383 Compliant Invoicing and Record-Keeping

A. Contracts for products: With each purchase order, Contractor shall provide an invoice that details the paper products purchased by product description (i.e., brand, product, and/or model numbers), quantity, unit price, and total price to the County Department or Agency that submits the order.

B. Contracts for services: If the County purchases or is supplied with paper products from Contractor through an agreement for services, Contractor shall provide an invoice, at least quarterly, that details the paper products provided to the County by product description (i.e., brand, product, and/or model numbers), quantity, unit price, and total price.

SB 1383 Compliant Paper Products

A. All paper products offered, sold, or provided to the County pursuant to this Agreement shall conform to the following:

i. Paper products must consist of at least the minimum recycled content, by weight, post-consumer fiber per the table below:

Product

Category Product Type

Minimum

Recycled

Content

Office supplies File folders, envelopes, index cards, cartons, wrapping, packaging, corrugated boxes

30% Writing and printing papers

Copy, xerographic, watermark, cotton fiber, offset, note pads, printer, other uncoated writing papers

Printed materials

Calendars, brochures, reports, magazines, publications, posters, newsprint, book paper, forms

Janitorial supplies

Toilet paper 45%

Paper towels, general purpose paper wipers 40%

Toilet seat covers, facial tissue 30%

Foodware Napkins, plates, bowls, cups, food trays, takeout boxes, placemats, etc.

40%

Other All other paper products 30%

ii. Products shall be eligible for an unqualified recyclable label as defined in the

Code of Federal Regulations Title 16, Section 260.12 unless eligibility is unable to be determined due to lack of information required to make the determination. A product is eligible to be labelled with an unqualified recyclable label if recycling facilities are available to a substantial majority (at least 60 percent) of consumers or communities where the item is sold, and the entire product, excluding minor incidental components, is recyclable.

B. Paper products that do not meet the minimum recycled-content standard may be offered, sold, or provided to the County if comparable recycled-content products are not available at the same cost or within a 10% price preference compared to non-recycled product alternatives, or if the recycled-content products are not of the same fitness or quality as the non-recycled products.

C. Whenever possible, Contractor shall set ordering controls to ensure County personnel order compliant products that meet the requirements of this agreement.

Approved SB 1383 Compliant Paper Products

Contractor shall complete the following table with information on all paper products offered, sold, or provided to the County pursuant to this Agreement that meet the post-consumer recycled content and unqualified recyclable label requirements set forth herein. Add additional rows as needed.

During the term of the Agreement, the Contractor shall notify the County contract administrator when and if SB 1383 compliant paper products listed below are temporarily or permanently unavailable and timely suggest alternative compliant products.

Approved Compliant Paper Products

Product, Product Category, or Services

Detailed Item Description

Minimum or Exact

Percentage of Post-

Consumer Recycled

Fiber Content

Eligible for an Unqualified

Recyclable Label

(Yes/Unable to determine due to limited information) Example: Office Supplies Printer Paper 30-100% post-consumer Unable to determine due to limited information

Approved Non-Compliant Paper Products

Contractor shall identify all paper products offered, sold, or provided to the County pursuant to this Agreement that do not meet either or both of the post-consumer recycled content or unqualified recyclable label requirement set forth herein by completing the table below. Add additional rows as needed.

Products not included in this table at the signing of this Agreement may be offered, sold, or provided to the County if written approval to do so is provided by the County contract administrator or County employee identified in the Notice section of the Agreement.

Contractor shall further inform the County, through the County contract administrator or County employee identified in the Notice section of the Agreement, when compliant products are available to replace Approved Non-Compliant Paper Products.

Approved Non-Compliant Paper Products

Product, Product Category, or Services

Detailed Item Description

Minimum or Exact

Percentage of Post-

Consumer Recycled

Fiber Content

Eligible for an Unqualified

Recyclable Label

(Yes/No/Unable to determine due to limited information) Example: Food Service Ware Paper Cups 10% post-consumer Unable to determine due to limited information

Contractor Explanation for Approved Non-Compliant Paper Products

Contractor shall provide an explanation and/or supporting documentation for the offering of all Approved Non-Compliant Paper Products listed above that do not meet the post-consumer recycled content or unqualified recyclable label requirements set forth herein. Explanations may include, but are not limited to, documenting limited or non-existent market availability, inadequate fitness or quality, or recycled products not being available for the same or less total cost of non-recycled products.

Contractor Explanation for Non-Compliant Paper Products

Example: Paper Cups offered because 30% post-consumer content alternative products are only available at a higher total cost.

County reserves the right to request additional information or an additional paper procurement reporting form if this attachment is found to be incomplete. More information on the County’s paper procurement policy can be found here:

https://www.smcsustainability.org/sb1383procurementcompliance

I agree to the terms of this attachment and certify that the above information is correct to the best of my knowledge.

Signature:

Name:

Date: