The Concessionaire agrees to operate the mobile vending cart in good faith and in accordance with the conditions listed below:

The Concessionaire shall:

1. Ensure the mobile vending stand operations shall meet all requirements as set forth by the State of North Carolina Department of Environment and Natural Resources for Mobile Vending Equipment. It is the responsibility of the Concessionaire to insure that the equipment meets the guidelines for Mobile Vending Equipment.

2. Agree to accept all responsibility and liability regarding the Foodservice operation. This responsibility includes but is not limited to, proper cleaning and sanitizing of the mobile unit and all utensils, as well as, properly preparing, handling and storing all food items so as not to propose a health risk to the general public.

3. Agrees to obtain all appropriate permits from the appropriate departments, including the Mecklenburg County Health Department, prior to this usage.

4. Will provide all equipment, supplies, items and articles necessary for provision of concession sales.

5. Will not hold the Town of Huntersville, the County of Mecklenburg, or any of its employees responsible in the event of injuries to persons who operate the mobile unit.

6. Will hold the Town of Huntersville and the County of Mecklenburg harmless for any and all losses or damages to equipment and supplies that occur at the mobile unit as a result of theft, vandalism, or by any other means; as well as any person raising a claim against the Town and/or the County for reasons associated with the concession operation.

7. Agrees to maintain the mobile unit in a clean, sanitary and safe condition. The Concessionaire shall accept responsibility for any repairs necessitated by the negligence or willful acts of the Concessionaire’s agents, volunteers or invitees. Any repairs necessary due to the latter should be planned, coordinated and executed with the assistance of the Parks and Recreation Department.

8. Agrees to operate mobile unit at the event from Hours during the time of the contract.

9. Shall provide concession services in a manner that adequately serves the total able/disabled public wishing to utilize the service. Discriminatory methods of operation will not be tolerated.

10. Will notify the Town if they need to cancel scheduled services at least fourteen (14) days prior to the service date(s). The Town may elect to refuse future contracts to the Concessionaire canceling service and has the right to obtain service from another vendor for that time period with no recourse from the concessionaire.

11. Concession workers coming in contact with the public should be courteous, polite and helpful to the park and concession patrons; concession workers should not be minors unless directly supervised by an adult concession worker.

17. Agrees to pay the Town of Huntersville 10% , of its gross receipts for sales made at the event.

18. Shall submit a sales report and payment to the Town a week following the event. The sales report is due no later than one day following the Event and must be accompanied by the appropriate payment (10% of sales).

19. Agrees to purchase and maintain at own expense during the term of this contract the following insurance covering its operation, a copy of which is to be provided with the initial proposal to the Town:

a. General Liability – Bodily and property damage liability as shall protect the Concessionaire and any subcontractor performing work under this contract from claims of bodily injury and property damage which arise from the operations of this contract whether such operations are performed by Concessionaire, any subcontractor or any one directly or indirectly employed by either. The amounts of such insurance shall not be less than one million dollars ($1,000,000.00) bodily injury each occurrence/aggregate, or one million dollars ($1,000,000.00) property damages each occurrence/aggregate, or one million dollars ($1,000,000.00) bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products/completed operations, personal injury liability and contractual liability.

b. Commercial concessionaires shall have Commercial General Liability with the same amounts and coverage listed in Item 1 (above).

c. Commercial concessionaires shall also have Workers Compensation insurance in the amount and form to meet all applicable requirements of the laws of the State of North Carolina.

The Town:

1. Will provide power as requested and as available. Contact MCepeda@huntersville.org 

2. Will provide adequate trash receptacles.

3. The Town also reserves the right to order the removal of any item sold or kept for sale that is judged to be inappropriate by the Town.