a. No person, firm, partnership, corporation or other business entity shall operate a Mobile Food Unit or Pushcart on public rights-of-way in the City of Bowling Green without a Mobile Food Unit Vendor or Pushcart Vendor permit issued by the City of Bowling Green Finance Department. Each Mobile Food Unit or Pushcart shall require a separate permit (a vehicle pulling a trailer constitutes one Mobile Food Unit). Each permit shall be valid for a twelve (12) month calendar period beginning on January 1st of each year unless suspended or revoked. Upon approval of the permit application, the Mobile Food Unit or Pushcart shall be issued a unique colored coded sticker for that calendar year and this sticker shall be affixed to the Mobile Food Unit or Pushcart in a publicly visible location. Mobile Food Unit Vendors and Pushcart Vendors shall renew permits with the City prior to the end of any twelve (12) month term and shall be in compliance with the provisions of this Subchapter prior to being issued a renewal permit.
b. The Mobile Food Unit or Pushcart permit application shall be submitted with an annual fee of three hundred dollars ($300) along with the name, business address and contact information for the applicant. Any permit issued on or after July 1 of any calendar year shall pay a permit fee of one hundred and fifty dollars ($150) for the remainder of that year. The application shall also include a copy of the City of Bowling Green's business registration and documentation showing that the Mobile Food Unit or Pushcart has been inspected and approved by the City of Bowling Green Fire Department and the Health Department if applicable. The application shall also include the Mobile Food Unit license number, description, vehicle identification number and proof of the Mobile Food Unit automotive insurance. The Mobile Food Unit or Pushcart permit application shall contain proof of required liability and other insurance required by this Subchapter.
c. Each Mobile Food Unit Vendor or Pushcart Vendor issued a permit shall agree to hold the City of Bowling Green and its officials, officers and employees harmless and to indemnify and defend the City against all claims, damages, losses and expenses, including attorney's fees, resulting from the permitted activity. Each Mobile Food Unit Vendor or Pushcart Vendor also agrees to indemnify and hold harmless the City of Bowling Green and its official, officers and employees for bodily injury, disease or death, or injury to or destruction of property, including the loss of use there from and/or breach of contract that is not caused by any negligent act or omission of willful misconduct of the City or its officials, officers and employees acting within the scope of their employment.
d. The Mobile Food Unit Vendor or Pushcart Vendor shall not commence work until all insurance has been obtained and copies of policies or certificates thereof are submitted to and approved by the City of Bowling Green's Human Resources & Risk Management Department. Prior to commencing work, the Vendor shall maintain continuous liability coverage written on an occurrence basis or, if on a claims made basis, with an extended coverage provision (ERP) option of not less than three (3) years. Coverage will be provided through insurance companies licensed to do business in the State of Kentucky with a Best Rating of A- or better. Without limiting Vendor's indemnification requirements, it is agreed that Vendor/Seller shall procure and maintain in force at all times during the performance of this agreement the following policy or policies of insurance covering its operations in the minimum limits set out below.
1. COMMERCIAL GENERAL LIABILITY - Including contractual liability, bodily injury and property damage combined at a minimum of $1,000,000 for each occurrence; personal and advertising injury of $ 1,000,000 for any one person or organization and $ 1,000,000 in the aggregate.
2. AUTOMOBILE LIABILITY - Insuring all Owned, Non-Owned and Hired Motor Vehicles. The minimum coverage for Liability Limit is $1,000,000 Combined Single Limit for any one accident. The limit of liability may be subject to increase according to any applicable State or Federal Transportation Regulations.
3. WORKERS' COMPENSATION - Insuring the employers' obligations under Kentucky Revised Statutes Chapter 342 at Statutory Limits.
The Commercial General Liability Policy shall be endorsed to contain the following provisions:
a) "The City of Bowling Green, its elected and appointed officials, employees, agents and successors and volunteers are to be added as "Additional Insured." The coverage shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, employees, agents, successors and volunteers and may not include terms which may make the coverage excess to other insurance on which the City, its elected and appointed officials, employees, agents, successors and volunteers may also qualify as an additional insured.
b) The insurance coverage for the Vendor entering into a contract shall be on a primary and non-contributory basis for liability arising out of activities performed by or on behalf of the Vendor entering into this contract for service including the insured's general supervision of the premises owned, occupied or used by the Vendor/Seller entering into this contract and ongoing operations as well as completed operations and work performed by Vendor. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, agents and successors and volunteers shall be in excess of the Vendor's insurance coverage.
c) Certificates of Insurance as required above shall be furnished to:
City of Bowling Green
Department of Human Resources & Risk Management
Attn: Risk Management
1001 College Street
Bowling Green, Kentucky 42101
Fax:(270) 393-3298
(Ord. BG2019-50, 11/19/2019)