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Mobile Vendor Agreement and Application Copyrighted March 18, 2019 City of Dubuque Action Items # 5. ITEM TITLE: Mobile VendorAgreementandApplication SUMMARY: City Manager recommending approval of the establishment of a new Mobile VendorAgreement and Permit Application process. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Establish a new Mobile Vendor Agreement and Permit City Manager Memo Application Process-MVM Memo Staff Memo Staff Memo Mobile VendorAgreementand PermitApplication Supporting Documentation Booklet FAQ Sheet Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Establish a New Mobile Vendor Agreement and Permit Application Process DATE: March 13, 2019 Over the past several months, City staff have met to discuss and establish a new application process for vendors locating on the public right-of-way. Currently, applications are available in several City departments for vendors to locate on the public right-of-way. To better serve these types of vendors, City staff decided to consolidate the applications into one agreement and application process which will be managed through the City Clerk's Office. By establishing this new process, all vendors will operate under one application. City Clerk Kevin Firnstahl recommends City Council approval of the establishment of a new Mobile Vendor Agreement and Permit Application process. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Kevin Firnstahl, City Clerk THE CITY OF Dubuque �" uhAoeelnqry DUB E ' � I�I ��` Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Kevin Firnstahl, City Clerk DATE: March 11, 2019 RE: Establish a new Mobile Vendor Agreement and Permit Application Process INTRODUCTION This memorandum requests Mayor and City Council approval of the establishment of a new Mobile Vendor Agreement and Permit Application process. BACKGROUND Over the past several months, City Staff have met to discuss and establish a new application process for vendors locating on the public right-of-way. Currently, applications are available in several City departments for vendors to locate on the public right-of-way. To better serve these types of vendors, City staff decided to consolidate the applications into one agreement and application process which will be managed through the City Clerk's Office. By establishing this new process, all vendors will operate under one application. DISCUSSION Staff from the City Manager's Office, City Clerk's Office, City Attorney's Office, Health Services, and Planning Services met to develop the Mobile Vendor Agreement and Application. Under the permitting requirements, a vendor must obtain a Mobile Vendor Permit to operate on the public right-of-way within city limits. A mobile vendor may operate seasonally or year-round. Permitted hours of operation are from 630 a.m. — 10 p.m., any day of the week. Currently, the permit fee is $100 and valid for one year from the date of issuance. The new Mobile Vendor Permit will have a $100 yearly fee and will be valid January 1 — December 31 . The Concession Agreement-Permit through Leisure Services has a fee of $25 per park or $100 for Eagle Point Park (or the daily entrance fee). To be equitable for seasonal vendors, a six-month permit will be available at a cost of $50 and will run from April 1 — September 30. These costs reflect staff time for review of the application and administrative fees associated with processing of the permit. Requirements of a Mobile Vendor Permit include: . A Mobile Vendor Application must be submitted at least 30 days prior to the vending start date. . The vendor unit shall not inhibit or block the normal flow of pedestrian or vehicular traffic along the public right-of-way and shall comply with all regulations governing right-of-way and public property. . The vendor unit must be legally parked in a metered space or spaces and pay the required meter fee while at their location. . The vendor is responsible for providing trash receptacles and keeping the area around and within 10 of the vendor unit or pushcart free from trash, debris, garbage and other hazardous conditions at all times. . The vendor unit cannot park or locate within 100 feet of the entrance to a business establishment which is open for business and is offering the same or similar product as offered by the mobile vendor. . The vendor shall not sell, give or otherwise dispense alcoholic beverages on public right-of-way unless a special event permit has been obtained. . The agreement/permit does not give the vendor exclusive and/or continuous rights for sales of products in any vending location(s) chosen. . Compliance with all federal, state, and local statutes, ordinances, regulations and policies. RECOMMENDED ACTION I respectfully recommend Mayor and City Council approval of the establishment of a Mobile Vendor Agreement and Permit. Attachments cc: Cori Burbach, Assistant City Manager Pam McCarron, Permit Clerk Mary Rose Corrigan, Public Health Specialist Laura Carstens, Planning Services Manager Maureen Quann, Assistant City Attorney Marie Ware MOBILE VENDOR AGREEMENT AND PERMIT APPLICATION BOOKLET � - r THE dTY OF Dus E Masterpiece on the Mississippi Ciry Clerk's Office SO W 13�^ 5[. Dubuque, IA 52001 563589-0122 www.ciNoftlubuaue.ora Rev 3/19 Mobile Vendor Aqreement and Permit Application The information in this packet is provided by the City of Dubuque to assist in the Mobile Vendor Agreement and Permit Application process when business is conducted on the public right-of-way. No vendor shall operate a mobile vending unit (vendor unit) or pushcart (vendor unit) within or upon the public right-of-way without a Mobile Vendor Permit. The completed Mobile Vendor Agreement and Permit Application must be submitted to the City Clerk's Office at least 30 days prior to the vending start date. Permitted hours/days of operation: 630 a.m. — 10 p.m., 7 days a week. Tvpes of Vendor Units mav include, but are not limited to: 1 . Pushcart shall mean a stand-alone, portable, or stationary, self-contained unit for selling food, merchandise, beverages, products, or wares that is maintained upon any part of the public right-of- way. Size of cart must be no larger than four (4) feet wide by six (6) feet long, have a push handle and locking wheels. 2. Mobile Vendor shall mean a self-contained, readily movable, or stationary, wheeled vehicle, either motorized or within a trailer, on the public right-of-way that prepares and/or serves food, offers merchandise, products, services, or wares. This includes a mobile vending unit that engages in intermittent sales (moving from place to place or stationary) in the public right-of-way (e.g. ice cream truck). ' A vendor that operates a food or beverage pushcart, mobile food unit, or temporary food stand must be licensed by the lowa Department of Inspections and Appeals and approved for food service by the City of Dubuque Health Services Department. This license must always be displayed on the vendor unit. General Rules: 1 . All federal, state, and local statutes, ordinances, regulations and laws concerning the business operation of a vendor unit must be met. 2. The vendor unit shall not inhibit or block the normal flow of pedestrian or vehicular traffic along the public right-of-way. 3. All sales activities, including the transfer of food, beverages, products, merchandise, or wares to the customer, shall occur only on the pedestrian sides of the vendor unit and not in the traveled portion of the public right-of-way. 4. No loudspeaker or other sound system which may disturb the peace in the vendor unit location is permitted. Music from a vendor unit is permitted to draw attention to the sales operation but shall not be of a magnitude to create a disturbance in the area where the vendor unit locates. 5. No more than one (1) sandwich board type sign (also known as A frame sign), no larger than six (6) square feet is permitted and shall be placed only on the sidewalk within five (5) feet of the vendor unit. location. 6. Vendor unit must be legally parked in a metered space or spaces and pay the required meter fee while at their location. 7. The vendor is responsible for providing trash receptacles for customer use and keeping the area around and within 10 feet of the vendor unit or pushcart free from trash, debris, garbage, and other hazardous conditions at all times. This includes products spilled on the public right-of-way as a direct result of the business operation. Trash from vendor units must be disposed of by private means and not in any publicly-provided trash receptacles. 8. No vendor unit shall park or locate within 100 feet of the entrance to a business establishment (measured as a 100-foot buffer of a point, located at the center of the primary entrance of a business establishment) which is open for business and is offering the same or similar product as offered by the mobile vendor. A. Special location requirements: 1 . Port of Dubuque: vendor unit shall locate no closer than 70 feet on Bell St. and Fifth St. This allows four vendors on each street. Two vendor units can locate on the Riverwalk between the American Trust River's Edge Plaza and the Alliant Energy Amphitheater and a maximum of two vendors on the Riverwalk between the floodwall gates and the Diamond Jo Portside Building. One vendor unit can locate in Ice Harbor Park west of the entrance to the National Mississippi River Museum and Aquarium. The exception would be during a permitted special event. 2. Hawthorne Street: a maximum of four vendor units can locate in the grassy area near the Hawthorne Street ramp. The exception would be during a permitted special event. 9. All vendor agreement applications require the review and approval of the Mobile Vendor Agreement Application Review Committee, the City Manager or the City Manager's designee, and will be processed on a first come first serve basis when a full and complete application is submitted. 10. This agreement/permit does not give the vendor exclusive and/or continuous rights for sales of products in any vending location(s) chosen. 11 . The vendor shall not sell, give or otherwise dispense alcoholic beverages on public right-of-way unless a special event permit has been obtained. Contact the City Clerk's Office for more information on the Special Event Application Process at 563-589-4122. 12. This agreement/permit may be immediately revoked by the Mobile Vendor Agreement Application Review Committee and City Manager for any violation of the terms hereof. 13. This agreement/permit is not transferable. Required Documents to Request a Permit: 1 . Completed City of Dubuque Mobile Vendor Permit Application. 2. Indemnity Agreement: A signed indemnity agreement holding the City of Dubuque, its officers and employees harmless from and against any claims arising out of the use of the public right-of-way 3. Insurance Certificate and Endorsements. A certificate of insurance and the insurance endorsements meeting the City's minimum requirements. 4. Photo(s) of vending unit(s). 5. Applicable fees submitted at time of application. Fees: 6-month permit (April 1-September 30): $50 Yearly permit (January 1 — December 31): $100 'No refunds will be given if permittee ceases operation before permit expires. What are the steps in the application review and approval process? All required documents should be submitted to the City Clerk's Office. Once the documents have been submitted, the following procedure takes place: Step 1: Application is reviewed by the following departments: City Clerk's Office, Leisure Services, Engineering, Fire, Health Services, Parking, and Police, for their respective areas of jurisdiction. Step 2: After all information is initially approved by the above departments, the application is given to the City Manager or the City Manager's designee for final approval. Step 3: When approved, applicant will be notified, and permit will be issued. How lonq does the application process take? It takes approximately 2 weeks to process a completed application after all required documents have been submitted. A mobile vendor cannot start operation until the application is approved and a permit is issued. Can a Mobile Vendor locate on private propertv? A Mobile Vendor can locate on private property; however, permission from the property owner must be obtained. A Mobile Vendor Permit is not required to locate on private property. Is a Mobile Vendor Permit required when participatinq in a Special Event? Mobile vending units operating in conjunction with a permitted special event are not required to obtain a mobile vendor license; however, other types of permits or licenses may be required and are subject to inspection and restriction. For more information on the special event permitting process, contact the City Clerk's Office at 563-589-4122. Can a permit be denied or revoked? At any time, upon written notice to the business owner, the City Manager or the City Manager's designee may deny or revoke a mobile vendor permit for any of the following reasons: 1 . Any fraud, misrepresentation or false statement contained in the application; 2. Any fraud, misrepresentation or false statement made in connection with the selling of products; 3. Any violation of the permit conditions. Grounds for denial or revocation may include violation of state liquor control laws, violation of the City of Dubuque Code of Ordinances, or the creation of a safety hazard, health hazard or public nuisance. Within ten (10) days after written notice of denial or revocation, an applicant may file with the City Clerk a written notice of appeal to the City Manager from such denial or revocation. Note: This booklet is a general guide and not intended to cover every aspect of the regulations for a Mobile Vendor Permit and should not be considered the final or definitive authority and does not supersede any part of state or local codes. CITY OF DUBUQUE, IOWA MOBILE VENDOR PERMIT APPLICATION Complete and return to City Clerk's Office Date Type of Vending Unit: ❑ Pushcart ❑ Mobile Vendor Unit ❑ Other: Business Name: Contact Name: Phone: Business Address: City: State: Zip: Business Phone: Business Email: Size of Vending Unit: . Include photo(s) with application. Hours of operation: Location of vendor unit: CERTIFICATION: I/we, the undersigned, do hereby certify that: The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. I understand that any missing documentation may delay permit approval. I further understand that should I commit a violation of the terms and conditions of this permit; my permit may be revoked. I agree that I will obtain any other permits necessary and will follow the guidelines and requirements set forth in this agreement. I have read this Mobile Vendor Agreement and Permit Application Booklet and have accurately and truthfully completed the application. Applicant Signature: Date: Applicant Signature: Date: FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST ❑ Completed Application ❑ Indemnity Agreement ❑ Insurance Certificate ❑ Photo(s) ❑ Payment Department Review: ❑ City Clerk ❑ Engineering ❑ Health ❑ Police ❑ Fire ❑ Parking ❑ Leisure Services ❑ City Manager: ❑ Approved ❑ Denied INDEMNITY AGREEMENT Complete and return to City Clerk's Office In consideration for the granting of permission by the City of Dubuque, lowa to the undersigned for the use of the following described property (e.g. Downtown District, West End District) For the following purpose only (e.g. food vending, car detailing, mobile boutique): The undersigned agrees to indemnify and hold harmless the City of Dubuque, its agents, officers and employees from and against all claims for injury or damages to persons or property arising out of or caused by the use of such property. The undersigned further agrees, upon receipt of notice from the City of Dubuque, to defend at its own expense the City of Dubuque from any action or proceeding against the City of Dubuque arising out of or caused by the use of such property. The City of Dubuque may maintain an action against the undersigned to recover the amount of the judgment together with all the expenses incurred by the City in the action. I HAVE READ THIS INDEMNITY AGREEMENT, I UNDERSTAND THE EFFECT OF THIS INDEMNITY AGREEMENT, AND I AM SIGNING THIS INDEMNITY AGREEMENT VOLUNTARILY. Dated this day of 201_ By: Title: INSURANCE CERTIFICATE Attach certificate and endorsements to application and return to City Clerk's Office. See following pages for insurance requirements (Schedule A). Please provide the following pages to your insurance provider. City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1 . shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement. All lessees of City property and right of way licensees or permittees shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form approved by the lowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. e.g.: Project # or lease of premises at or construction of , or right of way permitted location and description 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide. 3. Each certificate shall be furnished to the Department of the City of Dubuque. 4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of the lease, license, or permit. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Finance Director. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits then the lessee's, licensee's, or permittee's limits shall be this agreemenYs required limits. 9. Lessee, licensee, or permittee shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub- subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the lessee, licensee, or permittee. Page 1 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees November 2017 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1 ,000,000 Personal and Advertising Injury Limit $1 ,000,000 Each Occurrence $1 ,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001 , or Business owners form BP 0002, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) If lessee, licensee, or permittee utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22 _ yes_ form attached Page 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees November 2017 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY Coverage required: _ yes_ no Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010. (Ongoing operations) as stated in A(6) above or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT _yes_ no Evidence of property coverage provided: _ yes Included the City of Dubuque as Lender Loss Payable. E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $1 ,000,000 yes_ no Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees November 2017 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1 . Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, lowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, lowa. No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees November 2017 Health Services Depart�nent Dubuque City Hall Annex THE CITY OF � 1300 Main Street '���h Dubuque,IA 52001 D�� � �I���� Office(563)589-4181 Fax(563)589-4299 zom•xmz TTY(563)589-4193 L�QSteY�11E'CC'OYi fE1L'M1SS1SSt�'1�71 zoia•zoi� health@cityofdubuque.org www.cityofdubuque.org FAQ for Mobile Food Units and Pushcarts: f�: Vilha� is a mobile food unit? A: A mobile food unit is a licensed food establishment that is completely movable (except �, ��'`�y� - ���!rrr� ._...� smokers and grills) and that does not stay at one �" •� ,' ,�� location for more than 3 days in a row or, returns -� � ' ��� ' � �� to a home base at the end of every day. ������ � �� � ,� � � Q: What kind of food can a mobile food unit � ' � �' serve? � ��' A: A mobile food unit may serve food that is � .. prepared and cooked within the unit itself, or food {� ��a. ��'��"��'�� � prepared and cooked at a licensed facility and stored on the mobile unit. Food does not need to be pre-packaged. Q: What are important considerations for a mobile food unit? • Food requiring refrigeration or heat must be stored at the proper temperature always, this may require a constant supply of electricity. • Any dishes and utensils that are used must be properly washed, rinsed and sanitized on the unit or in a licensed facility. • All food is to be served and displayed from the unit, a table with condiments set outside the unit is not allowed (except for smokers and grills used for food preparation). • Permission must be granted to operate mobile food unit on public and private property. Q: What is a pushcart? A: A Pushcart is a licensed food establishment that is not '� n` enclosed and not motorized. --- � � �_ �� Q: What kind of food can a pushcart serve? .. � �a,,�;� ��.����� �.,� �;��.; ... ,�� A: Packaged food that does not require refrigeration or heat, packaged food that requires refrigeration/heat and is �`g,� - maintained at proper temperature, or pre-cooked food with # _ � _ limited assembly such as hotdogs. � _�� Q: What are important considerations for pushcart? � , ��. .� . ��= . ,� • Food requiring refrigeration/heat must be stored at the �� ,.��`;4 � „, proper temperature always, this may require a constant - } :� supply of electricity. �--�=- .�-� - ,�. • Any dishes and utensils that are used must be properly �, , .� washed, rinsed and sanitized on the pushcart or in a "�`"�� licensed facility. , ,, � � � ,�. � • Handwashing must be provided on the pushcart. �:��� � ;i " • Permission must be granted to operate pushcart on ��.��.�"� � . public and private property.