Franklin Street Mall Vendor Guidelines

3.05 Notice of Approval/Disapproval.

1. Applicants will be notified by letter of the Administrator’s approval or disapproval no later than ten (10) working days following the scheduled meeting or submission of application to the Administrator. Letters of disapproval shall state the reason for denial therein.
2. Prior to signing a Lease Agreement, annually contracted Vendors shall appear before the Administrator and the Planning Division representative for final review of the cart or stand to ascertain that it is identical to the equipment presented in the initially approved drawings or photographs.

Section 4. Licenses, Permits and Insurance

4.01  Requisite Permits/Licenses. Prior to operation, Vendors shall obtain any necessary licenses, permits and tax information from appropriate governmental agencies.

4.02 Vendor Insurance. Prior to operation, Vendor applicants shall provide the City of Tampa with evidence of commercial general liability insurance with a minimum bodily injury and property damage combined single limit of $500,000.00 each occurrence and annual aggregate. Such coverage shall include premises and operations, independent contractors, products liability, personal and advertising injury, and contractual liability coverage. All insurance shall be from companies duly authorized to do business in the State of Florida and acceptable to the City. Insurance coverage must be evidenced by a properly executed Certificate of Insurance on forms which are to be furnished by the City or otherwise acceptable to the City. The Certificate must be manually signed by the authorized representative of the insurance company and must name the City as additional insured as to the operations of the Vendor. Thirty (30) days written notice by registered or certified mail must be given the City of a cancellation, intent not to renew or reduction in the policy coverages. Renewal certificates shall be provided to the City at least 10 days prior to expiration of the current coverage. The insurance coverages required herein are to be primary to any insurance carried by the City or any self-insurance program thereof.

4.03 Hold Harmless Agreement. Vendors, in the street performers, advertising, advocacy, and survey categories that are engaged in low-risk endeavors, involving no physical equipment displays, nor the distribution of ingestible/inhalable items (e.g., a person talking or preaching, handling out flyers or brochures) shall be permitted to sign a hold harmless agreement in lieu of meeting the insurance requirement above. The Administrator shall make a determination if the hold harmless agreement is sufficient based on information supplied by the applicant.

Section 5. Operational Guidelines

5.01 Lease Agreement. If a Vendor’s application has been approved and space is available in the applicable Vendor category, the Vendor shall enter into a Lease Agreement with the City for rental of space on the Mall, NB, or HMP. The approved Vendor shall have forty-five (45) days from the date of notification of approval to enter into said Lease Agreement and be present in the approved location. Failure to meet the forty-five (45) day deadline will result in revocation of the Vendor’s approval. Requests for extension of the deadline must be made to the Administrator, in writing, at least fourteen (14) days prior to the deadline date. The prospective Vendor must further support the request by showing documentation for need of the extension. The decision of the Administrator shall be final. The Vendor shall be present during the days and times stated in the Lease Agreement. The City may take action to terminate a Lease where the Vendor fails to occupy the leased space under the terms of the Lease Agreement for Vendors. Vendors who must be absent from their assigned space (due to illness or planned vacations) must supply the Administrator with forty-eight (48) hours advance notice, in writing, specifying the planned absence date(s) and reason for the absence. Absences which extend beyond two (2) weeks, must be supported by a letter of notification from the Vendor’s physician (see also: Section 5.11). Failure to notify the Administrator of such absences may result in termination of Contract in accordance with the terms of the Lease Agreement for Vendors. Vendors operating under a Lease Agreement are required to notify the Administrator of any changes in name, address, phone number, or commissary, within five (5) working days of such change(s). Failure to notify the Administrator of such change(s) may result in termination of the Lease Agreement.

5.02 Waiting List. If space is unavailable for an approved Vendor, he or she shall be placed on the waiting list based on his or her date and time of approval. The waiting list for any Vendor category or subcategory will not exceed the total number of spaces allotted for said category. As space becomes available for a particular category, Vendors will be contacted in order of their appearance on the waiting list. A prospective Vendor who declines an offer for space will, upon first refusal, be dropped to the last position on the waiting list and assigned a new date and time, a second refusal of an offer for space will result in the Vendor being dropped from the waiting list completely. Individuals on the waiting list are advised to promptly notify the Administrator of any change of address or phone number. These individuals will be contacted periodically to determine if they wish to continue to remain on the waiting list. Failure to respond will result in the individual’s name being omitted from the waiting list. To be reinstated on the waiting list, the individual must reapply in accordance with these Guidelines and, upon approval, will be assigned a new position on the waiting list based on his or her new date and time of approval.

5.03 Operations Permit. Upon execution of a Lease Agreement, Vendors shall be issued an Operations Permit. Said permit shall contain the name, category and location of the Vendor and must be conspicuously displayed at all times.

5.04 Assigned Space and  Dimensions. Arts/Crafts, flowers, street performers, miscellaneous, holiday/seasonal and food Vendors shall be limited to one (1) assigned space in the location specified. Dimensions for each space shall not exceed 10’ in length, 6’ in width, and 8’ in height. Advertising and survey Vendors shall be limited to up to four (4) assigned spaces in the locations specified. Dimensions for each space shall not exceed 10’ in length, 6’ in width, and 8’ in height. Public Service and Commercial Exhibitors shall be limited to up to three (3) assigned spaces in the locations specified. Dimensions for each space shall not exceed 17’ in length, 10’ in width, and 10’ in height. Advocacy Vendors, please refer to Section 11 of these Guidelines. Vendors must stay within the confines of their assigned space(s). Public Service and Commercial Exhibitors who exceed these restrictions should request a copy of the Special Event Guidelines and Application.

5.05 Hours of Operation. Hours of operation for Vendors (with the exception of Street Performers who may only perform between the hours of Noon and 1:30 p.m., Monday through Friday, and Special Event Vendors, who may only operate during the time prescribed in the Notice of Approval issued by the Administrator pursuant to Section 9 of the Guidelines) shall be as follows:

(A) Morning Period                  7:00 a.m. – 10:30 a.m., Monday – Friday
(B) Lunch Period                       11:00 a.m. – 2:00 p.m., Monday – Friday
(C) Afternoon Period                3:00 p.m. – 6:00 p.m., Monday – Friday

5.06 Application for an Additional Location; Additional Hours; Relocation. After four (4) months of successful operation, Vendors may make application for a second location, for additional hours, or to relocate (see also: Section 5.02). An application fee of $15.00 must accompany such a request and the following restrictions shall apply:

1. A food Vendor may not apply for a second location in the same food sub-category under which he/she currently operates.
2. Any Vendor who wishes to apply for a second location must have operated in the current location five (5) days a week for at least four (4) months. He/she must further agree to continue to operate in the first location five (5) days a week for the duration of his/her current contract.
3. Each food Vendor may occupy a maximum of two locations within the District.
4. Any Vendor who wishes to apply for additional hours of operation must have operated under his/her current hours of operation five (5) days a week for at least four (4) months. He/she must further agree to operate under the original hours, five (5) days a week for the duration of his/her current contract.
5. Any Vendor who wishes to relocate will have his/her application request reviewed, and, given approval, will be included on the Vendor waiting list (Section 5.02 of these Guidelines) based on the date and time of approval.

5.07 Number of Vendor Positions; Area Locations; Restrictions.

1. Arts/Crafts Vendor positions shall be limited to twenty-eight (28) (Mall ONLY).
2. Flower Vendor positions shall be limited to four (4) on the Mall and one (1) on NB.
3. Commercial Exhibitor positions shall be limited to three (3) (Mall ONLY) and four (4) exhibit days per month. Commercial exhibitions which involve the distribution of consumable products will be restricted to the following days of the week: Monday, Tuesday or Wednesday. Commercial Exhibitions which exceed these restrictions should request a copy of the Special Event Guidelines and Application.
4. Public Service Exhibitor positions shall be limited to three (3) on the Mall and one (1) on HMP. Total number of exhibit days per month is four (4). Public Service exhibitions which involve the distribution of consumable products will be restricted to the following days of the week: Monday, Tuesday or Wednesday. Public Service Exhibitions which exceed these restrictions should request a copy of the Special Event Guidelines and Application.
5. Street Performer positions shall be limited to two (2) on the Mall, one (1) on HMP, and one (1) on NB. Street Performers shall be limited to two exhibit days per location, per month.
6. Advertising positions shall be limited to four (4) (Mall ONLY).
7. Advocacy positions shall be as set forth in Section 11 of these Guidelines.
8. Survey Vendor positions shall be limited to four (4) (Mall ONLY).
9. Special Event positions shall be as set forth in Section 9 of these Guidelines.
10. Miscellaneous Vendor positions shall be limited to two (2) (Mall ONLY).
11. Holiday/Seasonal Vendor positions shall be limited to four (4) (Mall ONLY). Holiday/Seasonal Vendor positions are further restricted by Section 2.01(K) of these Guidelines.
12. Food Vendor positions shall be limited to twelve (12) on the Mall, four (4) on NB, and three (3) on HMP at any given time. Food Vendor positions and locations are further restricted by Section 2.01(L) of these Guidelines. The only exception to these restrictions occurs during Special Events.

5.08 Assignment of Specific Vendor Locations. The Administrator shall assign Vendor locations and reserves the right to relocate any Vendor operating on the Mall, NB, and HMP during the term provided; however, the Administrator must give 48 hours notice to any Vendor so affected.

5.09 Limitation on Vendor Sales. Vendors shall be limited to the display or sale of product(s) or service(s) as specified on their letter of approval and/or Lease Agreement for Vendors. Amendments to the originally approved product(s) or service(s) must be approved by the Administrator and must comply with these Guidelines; however, no amendment will be considered prior to ninety (90) days of operation as a Vendor. An application fee of $15.00 must accompany each request for amendment. In addition, food Vendors must submit written State Department of Business Regulations approval for each food item they wish to sell.

5.10 Obscene Sales Prohibited. No item of an obscene nature shall be sold or displayed by Vendors.

5.11  Site Check; Violations. The Administrator may conduct site checks to determine if Vendors are in compliance with these Guidelines. Upon inspection, Vendors will be issued a site check notification letter which indicates specific guideline violations. Vendors will be given five (5) working days to correct cited violations. Upon the receipt of two cited violations, the Administrator may issue a notice terminating a Vendor’s Lease. Vendors are required to notify the Administrator during absences necessitated by illness or vacation periods. Failure to do so may result in the issuance of one or more site check notification letters and possible termination of the Lease Agreement (see also: Section 5.01).

5.12 Deliveries. Sale of food or other items must be made from the carts or stands; deliveries are prohibited during operating hours.

5.13 Waste Removal. Vendors shall be responsible for the cleanliness of their assigned display areas and for all waste removal at outside locations. Vendors are specifically prohibited from dumping waste anywhere, including but not limited to, City trash receptacles, storm sewers, planters, etc. Vendors found to be in violation of this section will be issued a site check notification letter and fined the cost of cleanup.

Section 6. Display, Cart, Stand and Attire Guidelines

6.01 Display, Cart, Stand, and Attire Guidelines.

(A) General restrictions applicable to carts and stands are as follows:

1. Any unit designed to dispense food must submit either a Food Service License from the State Department of Business Regulations or a Food Permit from the State Department of Agriculture prior to operation.
2. The display area including the Vendor’s cart or stand must be maintained in the approved format.
3. Vendor carts and stands will be subject to an annual review, to be conducted during the summer months of each year. This physical inspection will be followed by a letter indicating the type of refurbishment needed (if any) to keep the cart or stand in compliance with Section 6 of these Guidelines. Vendors will be given a maximum of one month to make changes to the cart or stand.
4. Vendors shall not post or exhibit, nor allow to be posted or exhibited, any signs, advertisements, photographs, showbills, or posters of any description, unless prior written approval is obtained from the Administrator.
5. Any cartons or containers used to transport merchandise must be concealed at all times.
6. All display materials shall be promptly removed at the close of each day’s operating hours.
7. No merchandise to be sold shall be displayed on the ground without the prior written approval of the Administrator.
8. No display shall be set up within eight (8) feet of any occupied storefront.
9. Vendors shall be responsible for the cleanliness of their assigned display areas and for all waste removal at outside locations.
10. No freestanding containers apart from the cart will be permitted.
11. Vendors conducting business will be expected to be dressed in appropriate attire. Casual clothing, such as slacks, Bermuda-length shorts, shirts, standard T-shirts, dresses and skirts, is considered acceptable.

(B)  All Food Vendors must provide an aesthetically pleasing cart. Restrictions for cart construction are as follows: (Please refer to attachment #1 and attachment #2 [illustrations] for additional information.)

1. A maximum of three (3) colors may be used for each cart. Silver or aluminum finish color on the main body of the cart is prohibited – cart must be painted with a dominant color and accent colors.
2. If exterior lights are incorporated onto the cart, the light source must be a steady light (no flashing lights) and it must be concealed or another acceptable method of indirect lighting must be provided.
3. The main body of the cart must be metal or wood.
4. Each cart must have fender skirts for rubber tires. If the cart has large wheels made of wood, fender skirts are not required.
5. Menu boards or signs must be incorporated as a part of the overall design of the cart, i.e., menu boards must not look like supermarket sale signs, attached with no visual order.
6. All signs, pictures, or graphics must be in visual harmony with the cart. Giant signs, which are not in proportion to the cart, are prohibited.
7. The top portion of the cart (roof, canopy, cover, etc.) must be canvas or standing seam metal and cover the majority of the cart. For example, a very small umbrella over a large cart is not permitted. Asphalt and wood shingles on cart roofs or canopies are prohibited.
8. Trailer hitches must be concealed.
9. Serving areas on top of carts may be made of whatever material is appropriate for food preparation: metal, tile, Formica, etc.
10. Maximum overall dimensions for all Vendor carts are as follows: Ten (10) feet in length (including hitch, etc.), six (6) feet in width (including overhangs, counters, tire fenders, etc.), and eight (8) feet in height (measured from the surface the tire or wheel sits on to the upper most limit of the roof or canopy, including any vent structure).
11. All carts must have wheels with the minimum diameter of eighteen (18) inches. Carts on very small wheels or castors are prohibited.

(C)  All other annually contracted Vendors may either provide an aesthetically pleasing cart (see restrictions under Section 6.01(B)) or an aesthetically pleasing tabletop display. Restrictions for tabletop displays are as follows: (Please refer to attachment #3, attachment #4, and attachment #5 [illustrations] for additional information.)

1. Vendors may have up to two (2) 36" wide by 72" long by 36" tall tables. If the Vendor opts to have two tables, they must set up in an "L" or "T" formation so as not to exceed the spatial constraints of 10’x 6’x 8’. Please see attachment #3.
2. Each table must have a commercially produced covering which is tailored to fit the table. Corners should have inverted pleats and some type of system (snaps/Velcro/etc.) to tether the covering to the table legs. Table skirts must be hemmed to a drop length of 35 ½" on all four sides. In addition to the skirting, the table should also have a white overdrape with a scalloped edge. The overdrape should have a 12" drop (see attachment #4).
3. Merchandise may not be displayed on freestanding racks, boxes, or on the ground. Merchandise must be confined to tabletop display.
4. All signs, pictures or graphics must be in visual harmony with the table and may not exceed 8" x 11" in size. Signs must be confined to the tabletop. Flapping paper or torn signs are not acceptable.
5. All storage boxes, cartons, etc. used to transport merchandise must be concealed beneath the table(s) at all times.
6. If the Vendor opts to use an umbrella, it should be freestanding, weighted, no larger than 6’ in diameter, and 8’ in height (see attachment #5). The umbrella must be vertically striped, with white as one of the two colors used. The second color used should be identical to the table skirting. The umbrella should be commercial grade, 8-rib, fabric covered, with a "V" cut valance (cut at the ribs and between the ribs) with a white binding. For placement and set up information please refer to attachment #3.
7. Color choices for table skirting and umbrella should be in primary red (PMS 200C), primary yellow (PMS 116C), marine blue (PMS 541C), green (PMS 341C), and white. Color fabric samples are available in the Mall office for viewing.
8. If the Vendor wishes to use a chair, it should either be a standard metal or wooden folding chair, painted to coordinate with the remainder of the set-up. Lawn chairs are not acceptable.

Section 7. Fees and Special Assessments

7.01 Rental Fee Schedule for Vendor spaces shall be as follows: