TERMS & CONDITIONS
METHOD OF SELECTION:
Pearland Parks & Recreation Department accepts a limited number of food vendors for each event and completing an application does not guarantee acceptance. Vendors are evaluated on overall booth attractiveness (including signage), diversity of items/services, prices and green initiatives. Food vendors with a current City of Pearland Mobile Food Unit (MFU) Medallion will be given priority at events hosted by the Pearland Parks & Recreation Department. Vendors interested in the MFU process can visit pearlandtx.gov for more information.
NOTIFICATION OF ACCEPTANCE:
Applicants will be notified via email of all approved items/services and other information regarding the event at least four weeks before event date. Once accepted, selected vendors must remit payment by the deadline outlined in the acceptance letter. THIS IS ONLY AN APPLICATION. COMPLETING AN APPLICATION DOES NOT GUARANTEE ACCEPTANCE.
DEPOSIT FEE:
A $50 refundable deposit is required and will be charged along with the booth fee when approved. A refund of the deposit is determined at the conclusion of the event by the condition of the booth site (cleanliness, damage incurred, etc.) as well as adherence to rules and regulations outlined in this application. If violations occur, the full $50 deposit will be retained by Pearland Parks & Recreation. If a contracted vendor chooses to cancel their appearance at an event for any reason, the deposit will not be refunded.
MENU ITEMS:
Pearland Parks & Recreation Department reserves the right to select the types of food to be sold to minimize duplication and retains the right to deny the selling of any menu item. In such an instance, the vendor will be contacted to discuss alternatives. Priority will be given to vendors with experience and loyalty to Pearland Parks & Recreation, overall event experience, booth attractiveness (including signage), diversity of items/services, prices, and green initiatives. Signage should include the description of the product along with price and should be legible and visible at the location where orders are taken. There is no guarantee that you will be the sole vendor or the sole vendor of any food item. Your submitted application should include an itemized list of your menu choices based on which tier your company falls under.
Tier I Food Vendor: These are vendors selling Main Course menu items such as catfish, hamburgers, BBQ, tacos, chicken tenders, etc. Side Dish items such as fries, onion rings, etc. are allowed to be sold. Beverages such as water, soda, Gatorade, etc. can be sold as well and are not considered a menu choice.
Tier II Food Vendor: These are vendors selling Appetizers/Dessert items, carnival snacks, or beverages such as ice cream, popcorn, kettle corn, snow cones, funnel cakes, etc. Water and soda can be sold as well and are not considered a menu choice.
BOOTH SPACE/LOCATION:
Standard booth space is 10’ x 10’ (pit space will be accommodated for with prior approval). If you need larger booth space (i.e food trucks, trailers, etc.), you must seek approval from the event coordinator. All events are outdoors. Vendors may promote your company/business on-site with coupons, menus, promotional materials and name-identified uniformed employees. Booth location is determined by Pearland Parks & Recreation Department and is non-transferable.
EQUIPMENT/ELECTRICITY:
Vendors are responsible for providing ALL operational equipment, including but not limited to tables, chairs, canopies, tents, ice, etc. Vendors must bring their own power supply and extension cords. Vendors must bring their own water container for filling as necessary, as running water will not be provided.
DECORATIONS:
All decorations must be tasteful and reflect the theme of each individual event. No combustible decorations shall be located under cooking tents. Decorations in all tents that are not used for cooking, shall be limited to combustible decorations on 10 percent of walls and ceilings unless treated with flame retardant criteria of NFPA 701.(IFC 2404.2) Decorations must be within boundaries of allotted booth space. The ground, pavement, walls, poles, etc., surrounding booth space must not be damaged or defaced in any way. If vendor damages any event property, in any way (nails, staples, paint, etc.), vendor agrees to pay damages therein.
MARKETING/PROMOTION:
Vendors agree that all marketing and promotional material will be distributed ONLY from assigned booth location. No member of the organization is to distribute information verbal or printed more than five (5) feet from the assigned booth space. Violating this policy will cause your organization to be dismissed from the event grounds without a refund of deposit or booth fee. In addition, your organization will not be allowed to participate in future City organized events.
VENDOR BEHAVIOR:
Vendors agree to behave in a professional manner or be dismissed from the event grounds without a refund. Any vendor suspected of alcohol or drug usage during the event, set-up or take-down will be dismissed from the event without a refund. Excessive complaints (two or more) from event participants, staff, or patrons will result in dismissal from the event grounds without a refund of deposit or booth fee. In addition, your organization will not be allowed to participate in future City organized events.
EVENT HOURS:
Vendor agrees to operate throughout all hours of the event and agrees to remain in booth until official closing time. Vendors that leave prior to the event closing time will forfeit their $50 deposit. If vendor arrives past the specified set-up time for the event, vendor will not be allowed admittance and a refund of the deposit and booth fee will not be given. If a vendor does not show up on the day of the event this will result in a forfeit of your deposit and booth fee will be retained.
PROPANE/GRILLING:
Propane and grilling are both allowed for cooking. All state and city fire regulations must be followed. The use of a drip pan or plywood placed under the grill and fryers is strictly enforced. Grease stains on concrete will result in a forfeit of deposit.
MOBILE FOOD UNIT (MFU):
A Mobile Food Unit (MFU) is a vehicle designed to be a readily movable, self-contained food service operation, as defined in Tex. Admin. Code 228.2(85). A MFU does not mean a stand or booth. MFUs may NOT obtain a Temporary Food Establishment License. Any MFU wishing to operate in the City of Pearland must obtain a Mobile Food Unit License prior to operating in the City of Pearland. MFU licenses are issued for a period of 12 months. A Mobile Food Unit Dealer’s application can be found online at https://www.pearlandtx.gov/departments/fire/community-risk-reduction/code-enforcement. The application and license fee must be submitted to the Permits Department for processing at least fourteen (14) calendar days prior to the first event which the Mobile Food Unit wishes to operate. A Fire Marshal and Health inspection must be performed and approved prior to the issuance of the MFU license. Please call 281.652.1766 to schedule your inspections once you have applied and submitted your licensing fee.
TEMPORARY FOOD ESTABLISHMENTS (tents, pop-up booths):
A Temporary Food License is required for tent and pop-up booths. Outdoor tent, stand and/or booth vendors, other than mobile food units, may apply for a Temporary Food Establishment License. Applicants must submit a Temporary Food Establishment application for approval at least fourteen (14) calendar days prior to the event. A Temporary Food Establishment License must be obtained before a temporary establishment may open. A license fee and a copy of non-profit status must accompany the application. State and local health requirements will be strictly enforced. The Temporary Food Establishment License must be displayed, and inspections may be conducted at any time prior to or during hours of operation. A Temporary Food Establishment application can be found online at https://www.pearlandtx.gov/departments/fire/community-risk-reduction/code-enforcement and must be submitted to the Permits Department for processing.
FIRE CODE:
The City of Pearland Fire Marshal, in accordance with the City’s Fire Code, has established the following guidelines and criteria for all booths. : (1) All booths with any cooking or heat-producing device, and all booths using a power source of any type, must have a minimum 2A10BC portable fire extinguisher for outdoor operations, every 75 ft. of travel distance. A mobile food truck needs a Class K extinguisher in the kitchen along with a commercial cooking fire suppression system (IFC 906, 904.1). All must have a current inspection tag attached. (2) Cooking devices must be at least 10 feet from any building (IFC 308.1). (3) Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal, or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet of the tent, canopy or membrane structures while open to the public unless approved by the fire code official (IFC 2404.7). (4) Charcoal burners, solid fuel cookers, and barbecue pits shall be listed for their intended use and shall not be used inside a structure unless specifically intended or listed for inside use. If used outside of structure, burners, cookers and pits must be barricaded or fenced for safety and is the sole responsibility of vendor (City ordinance 308.3.1). (5) Tents, canopies, or membrane structures where cooking is performed must be 10 feet from a building and 20 feet from others tents or canopies (IFC 2404.15.5). (6) All cooking tents or canopies, all tents greater than 200 square feet, and all canopies greater than 400 square feet will require permits from the City including certification they have been treated with flame retardant criteria of NFPA 701 (IFC 2404.2) (IFC 2403.2, 2404.15.5).
GENERAL SUPERVISION:
Vendor is an independent contractor and retains the sole right to control and/or direct the way the services described herein are to be performed and details of all work performed by the vendor, its employees, and representatives. Subject to the foregoing, Pearland Parks & Recreation retains the right to inspect the progress of the work performed by the vendor. Pearland Parks & Recreation has the limited right to stop the work, to prescribe alterations and generally oversee the work only to ensure its conformity with that specified herein. Pearland Parks and Recreation’s general oversight is in no way intended to assume control or to direct the details of the vendor’s work, which duties remain solely with the vendor.
DISCLAIMER:
The event will be held rain or shine to the best abilities of the Pearland Parks & Recreation Department. Pearland Parks & Recreation makes no representation as to the number of potential event attendees and assumes no liability for any financial loss due to vendor’s operation at the event.
INDEMNITY:
VENDOR SHALL PROTEST, DEFEND, INDEMNIFY AND HOLD THE CITY OF PEARLAND AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, THE EVENT SPONSORS AND THEIR AFFILIATES FREE AND HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS OR OTHER LITIGATION (INCLUDING ALL COSTS THEREOF AND ATTORNEY’S FEES) OF EVERY KIND AND CHARACTER ARISING AGAINST THE CITY OF PEARLAND AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, THE EVENT SPONSORS AND THEIR AFFILIATES OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO, PERSONNEL FURNISHED BY VENDOR OR ITS VENDORS AND SUBCONTRACTORS OF ANY TIER) ON ACCOUNT OF BODILY INJURY (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF PROPERTY IS CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL ACTS OR CONDUCT AND/OR STRICT LIABILITY OF VENDOR, ITS VENDORS OR SUBCONTRACTORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, OR ANYONE OR MORE OF THEM IN CONNECTION WITH THE EVENT.
By submitting this application, vendor acknowledges they have read and agree to the Terms and Conditions provided.
