LICENSE AGREEMENT
Boise City Parks and Recreation
BY PURCHASING THE PERMIT TO VEND FOOD AT THE PARK VENDOR, ACKNOWLEDGES HAVING READ AND AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This FOOD VENDOR LICENSE AGREEMENT (“Agreement”) made and entered into by and between the city of Boise City, an Idaho municipal corporation, by and through its Department of Parks and Recreation (“City”) and the Food Vendor purchasing a non-refundable permit to vend food at the City parks subject to this Agreement (“Vendor”) is effective upon the date of purchasing said permit. Separately, the City and Vendor may be referred hereinafter as a “Party” and together as the “Parties.”
RECITALS
The City is the owner and manager of Fort Boise Park, Julia David Park, Kristin Armstrong Municipal Park, Molenaar Park, and Veterans Memorial Park, all of which are municipal facilities located within the city of Boise City; and
Vendor, is engaged in the business of vending food from a self-contained concession trailer and/or truck and desires to operate that certain business within one of the Parks stated above; and
In consideration of the mutual promises herein contained and for other good and valuable consideration, acknowledged by each of them to be satisfactory and adequate, the City and Vendor hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows:
ARTICLE I - DEFINITIONS
1.1 Defined Terms: The following terms stated throughout the Agreement shall have the meanings stated below:
a. “License” and “Permit” shall mean the License granted in Section 2.1 of this Agreement.
b. “Portal” shall mean the website that Vendor used to reserve dates and times for use of the Parks listed in Section 1.1.c of this Agreement for vending food and subject to the terms of this Agreement.
c. “The Park” shall mean one of the below municipal parks, which are depicted in Exhibit A and incorporated herewith, that Vendor has reserved for vending through the Portal:
i. Fort Boise Park, with an address of 155 E. Garrison Rd., Boise, Idaho 83702.
ii. Julia Davis Park, with an address of 700 S. Capitol Blvd., Boise, Idaho 83702.
iii. Kristin Armstrong Municipal Park, with an address of 550 S. Walnut St., Boise, Idaho 83712.
iv. Molenaar Park, with an address of 2815 S. Maple Grove Rd., Boise, Idaho 83709.
v. Veterans Memorial Park, with an address of 930 Veterans Memorial Pkwy., Boise, Idaho 83703.
d. “Approved Menu Items” shall mean the only food and beverages, strictly excluding alcohol.
e. “Business” shall mean the business which Vendor operates for the purposes of vending food during the use of this License.
f. “Reservation” or “Reservations” shall mean the date and time Vendor reserved through the Portal for vending food at the Park.
g. “Vending Area” shall mean the only area within the Park Vendor may vend food subject to this License. The Vending Area for each Park listed in Section 1.1.c of this Agreement is described in detail in Exhibit A.
ARTICLE II - LICENSE AND PREMISES
2.1 Grant of License and Permit: The City hereby grants to Vendor a non-exclusive, revocable license, also referred to as a permit, to operate the Business from a self-contained concession trailer only in the Vending Area of the Park and only during their Reservation (“License”).
Terms of Vendor’s License include, but are not limited to:
a) At no time may Vendor disrupt the flow of vehicle or pedestrian
b) Vendor may install, maintain, and operate signs as are necessary or convenient for Vendor’s business use, provided that such installment is adjacent to Vendor’s business and at Vendor’s sole Signage shall be subject to applicable state and local laws and must be removed by the end of each of Vendor’s Reservations, or such earlier date of termination or revocation of this License. Vendor shall immediately remove any signs as requested by the City.
c) Vendor must only provide and serve the Approved Menu Items and in a manner that comply with the City’s Healthy Food Policy.
d) Vendor is prohibited from using this License for any other date and time other than during a Reservation.
e) Vendor may only make one Reservation per day and per location
f) In the event of heavy use, excessive turf wear, or other unforeseen circumstances, the City shall be allowed to relocate Vendor’s business operations to accommodate such
2.2 Access to Licensed Premises: Vendor may access the Park and operate the Business subject to this License only during the term detailed in Section 3.1 of this Agreement.
2.3 Non-exclusive Revocable License: Vendor acknowledges this is a non-exclusive, revocable License for operation of the Business on municipal park property. Vendor acknowledges that the City may seek and solicit other vendors and businesses to vend food during the same date and time as Vendor’s reservation. The City reserves the right to solicit such other vendors and businesses for the same or similar services and to award additional licenses that, at the City’s sole discretion, best meet the needs of the City, including but not limited to providing additional licenses to other vendors and businesses for the same or similar service as Vendor during Vendor’s Reservation.
2.4 Limitations on Use: The City will not approve Vendor to make a Reservation during community or City sponsored events. As such, Vendor acknowledges this non-exclusive, revocable License is not applicable to and does not guarantee participation in community or City sponsored events and activities held within the Park or any other park within the City. Any arrangements for Vendor’s participation at such other events or activities, including all fees to such other event sponsors, are the sole responsibility of Vendor. The terms of this Agreement shall continue to apply during Vendor’s participation at such events, including Vendor’s obligations to the City under Section V of this Agreement.
2.5 Lawful Business Use: During the term of this Agreement, Vendor shall use the Park exclusively for the business described herein and in any attached exhibits. Vendor shall not allow such premises or any part thereof to be used for any immoral or illegal purposes and shall not allow, suffer, or permit such premises to be used for any purpose, business, activity, use, function, or object to which the City objects in writing. Vendor shall, at all times during the terms of this Agreement, be subject to the lawful exercise of the police power of the City.
ARTICLE III – TERM OF LICENSE
3.1 Term: This License Agreement shall be only for the dates and times of Vendor Reservations during the year 2026, or until such termination or default as provided by this Agreement.
3.2 Termination: Except as otherwise provided herein, either Party may terminate this Agreement without cause and without regard to payment periods by providing the other Party fifteen (15) days written notice. The ability to terminate this Agreement without cause expressly includes the City’s ability to terminate under any circumstances which involve non-appropriation of funds by the City Council.
Special termination circumstances are as follows:
a) Total destruction: Should the Park or an essential part of the area used by Vendor for business operations be totally destroyed by fire, flood, or other casualty, this Agreement shall immediately
b) Partial destruction: In the case of partial destruction of the area of the Park used by Vendor for business operations, either Party may terminate this Agreement within ten (10) days following such partial destruction, such notice to be given to the other Party not less than ten (10) days prior to the chosen date of
c) If Vendor makes an assignment for the benefit of creditors, or is placed in receivership or adjudicated bankrupt, or takes advantage of any bankruptcy or insolvency law, the City may terminate this Agreement by giving written notice to Vendor specifying the date of termination, such notice to be given not less than ten (10) days prior to the date specified in such notice for the date of
ARTICLE IV – DUTIES OF VENDOR
4.1 Duties: In exchange for the privilege of obtaining this non-exclusive, revocable license, Vendor agrees to:
a) Provide all services and business operations in a safe and law-abiding
b) Carry a copy of the receipt for purchasing the Permit while vending food to show proof of purchase to enforcement.
c) Provide the City Vendor’s City of Boise vending license, which must be obtained through the City Clerk’s Office.
d) Provide proof of all required insurance as detailed in Article VI of this Agreement. All proof of insurance shall be provided to the Boise Parks and Recreation Office.
City of Boise – Department of Parks and Recreation
1104 Royal Boulevard
Boise, Idaho 83706
e) Follow all rules and regulations of the Park and the laws of the City and the State of Idaho.
f) Provide continuous clean-up of all debris in the area used, occupied, and immediately adjacent to the Business that is caused or created by Vendor’s employees, servants, agents, business invitees, patrons, and guests during the use of this License.
g) Keep all company vehicles on roadways or parking lots. In parks where a specific location hasn’t been identified, Vendor shall only park in approved parking spaces and not impede Park use or access.
h) Not damage the area Vendor uses during its use in any way.
i) Pay for all damages and/or clean-up to the Park caused directly or proximately by Vendor’s business equipment, employees, servants, agents, business invitees, patrons, and guests and not a result of normal wear and tear that would have occurred had Vendor’s business not operated within the Park.
j) Accept the space it uses in the Park in its original condition and shall provide and maintain the space free from any public hazard which could cause or contribute to either bodily injury or property damage to the public.
k) Comply with all Central District Health Department and City rules and regulations and shall obtain all necessary licensing and permits as they may require.
l) At the end of each Reservation, return the area of use to its original condition excepting normal wear and
m) Vendor shall remove their concession trailer, equipment or any and all other property used for the Business subject to this License at the end of each Reservation. Vendor is not permitted to leave such property at the Park overnight.
n) Electricity and water are not available at the Park for the Vendor’s use. As such, Vendor is responsible for providing their own electricity and water.
a. Power provided by a generator must meet current City sound ordinances.
o) On-site disposal of grease/wastewater is not allowed. Vendor is required to haul off and dispose of their grease/wastewater off-site.
4.2 No Assignment: Vendor shall not assign this Agreement or any of its privileges hereunder, either voluntarily or involuntarily, without the prior written consent of the City.
4.3 Limitations: This Agreement shall apply to and be binding on Vendor only to the extent Vendor’s business operates within the areas of the Park depicted in Exhibit A during its Reservation and as may be approved by the City.
4.4 Default and Cancellation: If Vendor is in default of any of the terms and conditions of this Agreement or violates any laws of the United States, the State of Idaho, or applicable City ordinances, rules or regulations and thereafter fails or refuses to perform or correct the conditions constituting a breach or default within five (5) days written notice, then this Agreement shall be deemed terminated and forfeited without further notice or demand, and all rights of Vendor hereunder shall be terminated.
4.5 Code of Conduct: In order to ensure a professional and respectful relationship with the general public, the City requires its Licensees such as Vendor to behave in a civil and courteous manner at all times. While it is impossible to list every type of conduct that is unacceptable, the following are examples of behavior that may, at the sole discretion of the City, result in immediate revocation of this License:
a) Harm or threat of harm to any member of the public, City employee, City government department or division, or City
b) Physical violence against persons or
c) Sabotage of the City property or
d) Theft or unauthorized removal or possession of City property or another person’s property from the Park.
e) Speech or conduct with the public that violates commonly accepted standards and that, under present circumstances, has no redeeming social value, including the use of profane, indecent, or abusive
f) Speech or conduct deemed rude, disrespectful, aggressive, intimidating, harassing, or otherwise inappropriate when conducting Vendor’s
g) Making malicious, vindictive, false, or harmful statements about others or engaging in verbal abuse, altercations, or
h) Any conduct that obstructs, disrupts, or interferes with the City business, service, work environment or administrative functions, including the City’s sponsored
i) Untruthfulness related to use of the License which could hinder or jeopardize the City's
j) Use, possession, distribution, or sale of alcohol, illegal drugs, paraphernalia, or controlled substances not prescribed to the user by a physician, on City property or at City sponsored events, including the use of alcohol, drugs, or controlled substances while working in accordance with this License.
4.6 Criminal History: Vendor shall not employ to work under the terms of this License any employee, servant, volunteer, or agent who is unsuitable to interact with children. “Unsuitable to interact with children” shall mean having been convicted of a crime listed in Idaho Code § 18-8304 (or similar statute from any other state or territory) or required to register under Idaho’s Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code §§ 18-8301 – 8331 (or similar statute from any other state or territory).
a) Vendor, at its own expense, shall conduct appropriate and applicable background and reference checks on each of its employees, servants, or agents to ascertain that there is no history of behavior that would make Vendor or its employees, servants, or agents unsuitable to interact with
b) By signing this Agreement, Vendor hereby certifies to the City that each of Vendor’s employees, servants, or agents is suitable and fit to interact with children and shall continue to be so during all times that Vendor is conducting business operations within the Park.
ARTICLE V – FEES AND RELATED PROVISIONS
5.1 License Fee: For the privileges herein described, Vendor agrees to pay a daily non-refundable rate of $27.
5.2 Payment of License Fee; Notices to the City: Payment shall be remitted online at the time of purchasing Permit by credit card. Notices to the City set forth in this Agreement shall be made at the following address, without demand, or such other place as the City may designate to Vendor in writing:
City of Boise – Department of Parks and Recreation
1104 Royal Boulevard
Boise, Idaho 83706
5.3 Unpaid Fees: Vendor acknowledges and agrees that, in the event that Vendor does not remit full and timely payment, in addition to pursuing legal remedies and attorney’s fees, the City may elect to exclude Vendor from operating its Business within the Park.
5.4 Other Taxes, Fees, or Charges: Fees and charges paid to the City shall not include any taxes, fees, or license charges that may be levied, assessed or charged by any governmental entity on Vendor. Vendor agrees to pay such taxes, fees, or license charges directly to the appropriate taxing authority, without involving the City, or in the event Vendor desires to contest such taxes, fees or license charges, such contest shall be in good faith and the taxes, fees, or charges in contest shall be bonded if not paid when due.
5.5 Inspection of Records: Vendor agrees to maintain accurate business records and to allow the City to inspect any and all financial books, records, and receipts from the business operations conducted by Vendor at the Park.
ARTICLE VI – INDEMNIFICATION AND INSURANCE
6.1 Indemnification: Vendor shall protect, defend, indemnify, save, and hold the City and its officials, officers, volunteers, agents and/or employees completely harmless from and against any and all liabilities, losses, suits, claims, actions, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever arising out of the negligent acts or omissions of Vendor or its officers, agents, employees, contractors, volunteers, subcontractors, or invitees incident to this License or the use or occupancy of the Park regardless of where the injury, death, or damage may occur. The provisions of this section shall be deemed to be a separate contract between the Parties and shall survive the expiration, default, termination, or forfeiture of this License.
6.2 Liability Insurance: Vendor shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, Commercial General Liability Insurance, Workers’ Compensation Insurance, and Employers Liability Insurance in the form of a certificate of insurance issued on behalf of the City, naming the City, its officers, directors, employees, subsidiaries, agents, and elected officials as an additional insured on the liability policies, for the following minimum limits and coverage:
Commercial General Liability Insurance in the following amounts:
General Aggregate $2,000,000.00
Product/Completed Operations Aggregate $2,000,000.00
Personal & Advertising Injury Liability $1,000,000.00
Per Occurrence $1,000,000.00
Fire Legal Liability $50,000.00
Commercial/Business Automobile Liability:
Limit will not be less than one million dollars ($1,000,000.00) per occurrence for owned, non-owned, and hired vehicles. Where applicable, the City shall be named as an additional insured.
Worker’s Compensation Insurance:
Workers’ Compensation Insurance, regardless of the number of employees or lack thereof, in the statutory limits as required by the State of Idaho. In case any work is sublet, the Vendor shall require the subcontractor to provide Workers Compensation Insurance.
Employers Liability Insurance in the following amounts:
Bodily Injury by Accident $100,000.00 each accident
Bodily Injury by Disease $500,000.00 policy limit
Bodily Injury by Disease $100,000.00 each employee
The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless the City. If the City becomes liable for an amount in excess of the insurance limits herein provided, Vendor covenants and agrees to indemnify and save and hold harmless the City from and for all such losses, claims, actions or judgments for damages or liability to persons or property.
Vendor shall provide the City with a Certificate of Insurance or other proof of insurance, listing the City of Boise City as a certificate holder, and evidencing Vendor’s compliance with the requirements of this paragraph and file such proof of insurance with the City’s Risk Manager and Department of Parks and Recreation. Vendor shall provide that its coverage is primary to any other insurance coverage available to the City.
If Vendor fails to provide or maintain insurance in the amounts listed, even if cured by Vendor at a subsequent date, such shall be deemed a breach by Vendor, and the City may exercise any rights or remedies for such breach that the City may have under this License or at law or equity, including, without limitation, the right to terminate this License immediately.
6.3 Other Insurance Coverage: Vendor shall be solely responsible for obtaining any other types of insurance issued for the benefit of Vendor and the Business, including but not limited to Property Insurance insuring the property owned by Vendor which is used, held, or stored at the Park. Evidence of all such insurance shall be furnished to the City upon execution of this Agreement.
6.4 Automobile Liability: Vendor shall maintain and specifically agree to maintain automobile liability insurance covering any auto, or if Vendor has no owned autos, covering hired, and non-owned autos, with limit no less than $500,00 per accident for bodily injury and property damage.
ARTICLE VII – GENERAL PROVISIONS
7.1 Non-Discrimination: Vendor, in its use of the License herein granted, shall not discriminate or permit discrimination against any person or group of persons in any manner on the grounds of race, color, sex, sexual orientation, gender identity or expression, religion, national origin or ancestry, familial status, age or disability. Non-compliance with such assurances shall constitute a breach of this Agreement, and in the event of non-compliance, the City may take appropriate action to enforce compliance and may terminate this Agreement immediately or seek judicial enforcement thereof.
7.2 Compliance with Laws: In performing the scope of services required hereunder, Vendor shall comply with all applicable laws, rules, regulations, ordinances, and codes of City, County, Federal, State, and local governments including, but not limited to, required licensing for drivers of commercial vehicles in the State of Idaho, workers’ compensation insurance, and all sales and use tax legislation. The City hereby requires Vendor to show proof of workers’ compensation insurance and of compliance with any applicable statute, ordinance or regulation with which Vendor is required to comply.
7.3 Applicable Law: This Agreement shall be construed, governed by, and enforced in accordance with the laws of the State of Idaho and the ordinances of the City.
7.4 Interpretation: The paragraph headings used herein are for convenience only, are not a part of this Agreement, and are not to be used in construing it.
7.5 Notice to Vendor: Vendor’s address for all notices set forth in this Agreement shall be as stated in the Recitals of this Agreement, or such other Idaho address as Vendor may designate to the City in writing:
7.6 Attorney’s Fees: Should any litigation be commenced between the Parties to this Agreement, the prevailing Party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a court of competent jurisdiction. This provision shall be deemed a separate contract between the Parties and shall survive any default, termination, or forfeiture of this Agreement.
7.7 Independent Parties: Vendor is and shall at all times be considered an independent permittee and is in no way an employee of the City.
a) The Parties intend that this Agreement create only an independent license Vendor shall complete the services agreed upon with the City according to its own means and methods, which shall be in the exclusive control of Vendor, and which shall not be subject to the control or supervision of the City. The Parties agree that this Agreement does not entitle Vendor or its employees or agents to workers’ compensation benefits, unemployment compensation benefits, or any other benefits or protections that accrue from an employment relationship, all of which shall remain the sole and exclusive responsibility of Vendor and its employees or agents.
b) Vendor is not required to perform its services exclusively for the City. Vendor, its employees, or agents shall be responsible for any business registrations or licenses required by any governmental The City shall not combine business operations with Vendor.
c) Neither Vendor nor its employees or agents are to be considered agents or employees of the City for any purpose, including that of federal and state taxation, and neither Vendor nor its employees or agents are entitled to any of the benefits that the City may provide to its It is understood and agreed that the City does not require Vendor to provide services exclusively to the City and that the City is free to contract for services from other entities during the term of this Agreement.
7.8 Entire Agreement: This instrument embodies the whole Agreement of the Parties and supersedes any and all other agreements or understandings. No failure of the City to exercise any power given it hereunder, or to insist upon strict compliance by Vendor of any obligation hereunder, and no custom or practice of the Parties at variance with the terms hereof, shall constitute a waiver of the City’s right to demand strict compliance with the terms hereof.
7.9 Duplicate Originals: This Agreement may be executed in several counterparts each of which shall be deemed an original.
7.10 Modification: There shall be no modification of this Agreement, except in writing, executed with the same formalities was this Agreement.
7.11 Severability: If any provision of this Agreement or application thereof is held invalid, such invalidity will not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to that end, the provisions hereof are declared to be severable.
7.12 Statutorily Required Terms: Due to its status as a political subdivision of the State of Idaho, the City is subject to certain contract constraints imposed by Idaho law that, if not complied with, may render a contract void. For purposes of compliance with such statutes, Vendor certifies and agrees as follows:
a) Anti-Boycott Against Israel. To the extent required by Idaho Code § 67-2346, Vendor certifies that, as of the Effective Date, it is a Company that is not engaged in a Boycott of goods or services from Israel or territories under Israel’s control and Vendor agrees that it will not engage in such a Boycott for the duration of the Agreement. As used in this particular provision, “Boycott” and “Company shall be defined as stated in Idaho Code § 67-2346(3)(a) and (b).
b) Government of China. Vendor certifies that, as of the Effective Date, it is a Company that is not owned or operated by the Government of China and Vendor agrees that it will not be so owned or operated for the duration of the Agreement. As used in this particular provision, “Government of China” and “Company” are defined as stated in Idaho Code § 67-2359(2).
c) No Public Funds for Abortion. Vendor certifies that it is not an Abortion Provider nor an Affiliate of an Abortion Provider such that entry into this Agreement is not prohibited by Idaho Code § 18-8703. For purposes of this provision “Abortion Provider” and “Affiliate of an Abortion Provider” are defined as stated in Idaho Code § 18-8702.
d) Boycott of Particular Business Sectors. To the extent required by Idaho Code § 67-2347A, Vendor certifies that, as of the Effective Date, it is a Company that is not engaged in, and will not for the duration of the Agreement engage in, a Boycott of any individual or company because the individual or company engages in or supports the (i) exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture; or (ii) manufacture, distribution, sale or use of Firearms. As used in this particular provision “Firearms” is defined as stated in Idaho Code § 18-3302(2)(d) and the terms “Boycott” and “Company” are defined as stated in Idaho Code § 67-2347A (4).
End of Agreement
BY PURCHASING THE PERMIT TO VEND FOOD AT THE PARK, VENDOR ACKNOWLEDGES HAVING READ AND AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
