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HomeMy WebLinkAboutR-2001-117 Concession License Agreement w/ Yakima Farmers’ MarketRESOLUTION NO. R-2001- 117 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an exclusive concession license agreement with Yakima Farmers' Market, a non-profit corporation, to facilitate continued operation of a farmers' market at certain times within the City of Yakima. WHEREAS, the Yakima Farmers' Market ("YFM") has successfully completed two years of operating a farmers' market in the Yakima downtown area; and WHEREAS, said farmers' market creates a "festive, family-oriented, downtown, community farmers' market' that takes advantage of Yakima's agricultural and tourism economics; and WHEREAS, the City has closed (by resolution) South Third Street between East Yakima Avenue (to the north) and East Chestnut Avenue (to the south) to traffic between the hours of 8:00 a.m. to 4:00 p.m. every Sunday from approximately June through October of each year since 1999 to permit operation of the farmers' market at said location; and WHEREAS, the Yakima community benefits economically, educationally and culturally from the operation of a farmers' market at said location; and WHEREAS, YFM desires an exclusive concession license to operate a farmers° market at said location; and WHEREAS, the City is willing to grant an exclusive concession license to YFM to operate a farmers' market at said location in accordance with the terms and conditions of the attached exclusive concession license agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached exclusive concession license agreement with Yakima Farmers' Market, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated exclusive concession license agreement with (1k)res/farmers' market ced july 01.pm Yakima Farmers' Market, a non-profit corporation, to facilitate continued operation of a farmers' market at certain times within the City of Yakima. ADOPTED BY THE CITY COUNCIL this 7th day of August, 2001. 4-7 /62 -e -,,,L ATTEST: M. dace, Mayor City Clerk (1k)res/farmers' market ced july 01.pm CONCESSION LICENSE AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA FARMERS' MARKET THIS CONCESSION LICENSE AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and the Yakima Farmers' Market, a Washington non-profit corporation (hereinafter "YFM"). WHEREAS, the Yakima Farmers' Market has successfully completed two years as a Yakima downtown area event that creates a "festive, family-oriented, downtown, community farmers' market" that takes advantage of Yakima's agricultural and tourism economics. WHEREAS, the City has closed (by resolution) South Third Street between East Yakima Avenue (to the north) and East Chestnut Avenue (to the south) to traffic between the hours of 8:00 a.m. to 4:00 p.m. every Sunday from approximately June through October of each year since 1999 to permit operation of a farmers' market at said location. WHEREAS, the community benefits economically, educationally and culturally from the operation of a farmers' market at said location. WHEREAS, YFM desires an exclusive concession license to operate a farmers' market at said location. WHEREAS, the City is willing to grant an exclusive concession license to YFM to operate a farmers' market at said location in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, it is agreed by and between the City and YFM as follows: 1. Exclusive Concession License to Operate a Farmers' Market. a. In consideration of the economic, educational and cultural benefits that are provided to the Yakima community by the operation of a farmers' market, the City grants unto YFM an exclusive concession license to operate a farmers' market on South Third Street, Yakima, Washington, between East Yakima Avenue (to the north) and East Chestnut Avenue (to the south) during time periods when the City has taken appropriate legal action to close said street location to vehicular traffic to allow operation of the farmers' market. Said legal action shall not close said area to pedestrian traffic, and YFM shall not take any action to close said area to pedestrian traffic. The area of South Third Street covered by this exclusive concession license shall include the entire right-of-way (including but not limited to the sidewalk and any area between the street and the sidewalk). A map of the area of South Third Street covered by this exclusive concession license is attached hereto as Exhibit "A" and is incorporated herein by this reference. Page 1 of 5 (lk)agr/farmers' marker concession ced july O1 -put b. The farmers' market concession license granted hereunder is generally described as a license to permit farmers, specialty food producers, artisans, crafts persons, and food preparers to sell food, non-alcoholic beverages, and handcrafted products directly to consumers. The concession license shall also permit the sale of alcoholic beverages for a one (1) day "Octoberfest beer garden" event in October 2001; provided, however, that YFM shall obtain all other permits and licenses necessary to serve alcoholic beverages at said event, including but not limited to a permit from the Washington State Liquor Control Board. c. YFM shall operate the farmers' market concession in accordance with the "Yakima Farmers' Market 2000 Rules, Guidelines & Policies," a copy of which is attached hereto as Exhibit "B." In the event that YFM amends or replaces said policy, YFM shall provide the City with a true and correct copy of the amended or replacement policy upon adoption by YFM. 2. Term. The term of this Agreement shall commence upon full execution hereof by the parties and shall terminate at midnight, November 1, 2001, unless sooner terminated by either party in accordance with Section 15 of this Agreement. 3. Independent Contractor Status of YFM. YFM and the City understand and expressly agree that YFM is an independent contractor in the performance of each and every part of this Agreement. YFM, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, YFM and its directors, officials, officers, agents, members, employees and volunteers shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between YFM or any director, official, officer, agent, member, employee or volunteer of YFM and the City. 4. Establishment and Maintenance of Records. YFM shall maintain accounts and records, including personnel, property, financial, and program records, and such other records as the City may deem necessary, including a system of internal controls and accounting systems which conform to generally accepted accounting principles and auditing standards. All such records and documents shall be retained by YFM and be available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. 5. Taxes and Assessments. YFM shall be solely responsible for compensating its directors, officials, officers, agents, members and employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, YFM shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, YFM shall not discriminate in violation of any federal, state, and/or local law and/or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but Page 2 of 5 (Ik)agr/farmers' market concession ced juty 01 -pm not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training, and the provisions of services under this Agreement. 7. The Americans With Disabilities Act. YFM agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 8. Compliance With Law. The YFM agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 9. No Insurance provided by the City. It is understood the City does not maintain liability insurance for YFM and/or its members, directors, officials, officers, agents, members, employees and volunteers. 10. Indemnification and Hold Harmless. YFM agrees to protect, defend, indemnify, and hold harmless the City, its officers, elected officials, agents, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of YFM, its directors, officials, officers, members, employees, agents, and/or volunteers arising out of or in connection with the performance or nonperformance of the services, duties, and obligations required under this Agreement. 11. Liability Insurance. On or before the date this Agreement is fully executed by the parties, YFM shall provide the City with a certificate of insurance as proof of liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YFM to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment Page 3 of 5 (Ik)agr/farmers' market concession ced july O1 -pm is granted, then the assignee shall assume all duties, obligations, and liabilities of YFM stated herein. 13. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 14. Non -Waiver. The waiver by YFM or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 15. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days prior written notice of termination. 16. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Director Community & Economic Development City of Yakima 129 North Second Street Yakima, WA 98901 TO YFM: President Yakima Farmers' Market Yakima, WA or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 20. Integration. This written document constitutes the entire agreement between the City and YFM and supercedes any and all previous written and/or oral agreements between the parties. There are no other oral or written agreements between the parties as to the matters covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Page 4 of 5 (Ik)agr/farmers' market concession ced july 01 -pm CITY OF YAKIMA YAKIMA FARMERS' MARKET Date: Dick Zais, City ager tG 0_, 00/ ATTEST: By: Its: Date: e -t tk\ k City Clerk City Contract No. 2001-81 Resolution No. R-2001-117 Page 5 of 5 (Ik)agr/farmers' market concession ced July Ol-pm tarmeramkt Exhibit A Farmer's Market Boundaries Digital Color Orthophotography flown 07/18/1998 Market Boundary e1 T w oh, /--`4 "411ge Scale —lin = 100ft 0 50 Created: July 31, 2001 100 Yakima Avenue Capital Theatre Chestnut Avenue L Farmer's Market Boundaries Market Boundary el Ye*" 1l s!lrf4 '" _ a 4.,, .dot Scale —lin = 100ft 0 50 100 Created: July 27, 2001 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I k For Meeting of August 7, 2001 ITEM TITLE: Consideration of a Resolution Authorizing Execution of a Concession License Agreement Between the City of Yakima and Yakima Farmers' Market. SUBMITTED BY: William Cook, Director of Community and Economic Development Depai tment CONTACT PERSON/TELEPHONE: William Cook (575-6113) SUMMARY EXPLANATION: For the past two years, the City Council has approved the closure of 3rd Street between Yakima Avenue and Chestnut on Sundays each week from June through October. The street closure allows, the Yakima Farmer's Market to rent booth space to people from the community to sell their wares. The Yakima Farmers' market creates a "festive, family-oriented, downtown, community farmers' market" that takes advantage of Yakima's agricultural and tourism economics. The Yakima community benefits economically, educationally and culturally from the operation of a farmers' market at said location. After two years of operation it has become clear that a street closure permit by itself does not transfer to the Farmers Market the authority and responsibility necessary to assure a successful Sunday market event. The proposed Concession License Agreement recommended for Council approval will delegate clearer lines of authority and accountability to the Yakima Farmers Market. Resolution X Ordinance Other (Specify) Concession License Agreement Mail to (name and address). Phone: Funding Source APPROVED FOR SUBMITTAL: \\� City Manager STAFF RECOMMENDATION• Adopt Resolution Approving Concession License Agreement BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-117 YAKIMA FARMERS' MARKET 2001 Rules, Guidelines, & Policies READ THESE REGULATIONS CAREFULLY BEFORE SIGNING YOUR APPLICATION AND KEEP THIS COPY FOR YOUR RECORDS. FAILURE TO OBSERVE THESE REGULATIONS MAY RESULT IN CHARGES OR TERMINATION OF MARKET PERMIT TO SELL. What is the Yakima Farmers' Market? The Yakima Farmers' Market is established primarily for the benefit of producers, the downtown area and the community. It provides producers with a direct outlet where they can sell their food and handcrafted products, consumers with an opportunity to buy products directly from producers, downtown with a focal point for pedestrian activity, and the community with a festive gathering for improved access to agricultural education, heightened cultural awareness and knowledge of community resources. The Yakima Farmers' Market is a marketplace for farmers, specialty food producers, artisan/craftspeople, food preparers, and entertainers. It is operated as a 501 (3) organization in accordance with all applicable rules, regulations, and laws established by the municipal, county, state and federal governments. The Yakima Farmers' Market is operated by a board of 15 directors. There are no less than three and no more than seven vendors on the board of directors. Mailing Address: Yakima Farmers' Market P.O. Box 1076 Yakima, WA 98907 Office location: 321 B East Yakima Avenue Yakima, WA 98901 (In the Historic Great Western Building) When does the Farmers' Market take place? • The 2001 Yakima Farmers' Market will be open to the public on Sundays from 9:30 a.m. to 2:30 p.m. beginning June 3 and continuing through October 28, 2001. The market is located on South 3rd St. between Yakima and Chestnut Avenues. (Special Events may incur different hours of operation.) Vendor parking and restrooms will be provided at the Yakima Transit Center located at the corner of 4th Street and Chestnut. Restrooms are also available at the Yakima Mall Food Court on the corner of 3' St. and Yakima Ave. (open at 10:00 a.m..) Vendors who park their vehicles at the market parking lot on 3rd Street will be fined $20. Repeat violators' may lose their permit to sell. When loading and unloading, all vendors must enter and exit from Chestnut and 3rd St. Second' vehicles, however, may exit from Yakima Ave. after unloading. Creating one-way 2 traffic helps to reduce liability and simplifies set up and take down. What is sold at the Farmers' Market? Products sold are limited to these categories: A. FRESH FARM PRODUCTS Farmers are persons or entities which raise produce (vegetables, fruits, nuts), herbs, flowers, or nursery crops from seed or plants, and care for, nurture, cultivate, and harvest the crops offered for sale. Beekeepers, egg farmers, poultry growers, and fish and/or shellfish growers are considered in this category. All farmers must produce their crops within the State of Washington. All products must be grown or produced by the seller. Farmer vendors who wish to sell products not grown in the Pacific Northwest need to be established Market members and have approval by the market manager prior to the Market day. Any vendors bringing products to sell other than those grown on their farri without manager's prior approval will lose their permit to sell at the Market. B. PROCESSED FARM FOODS Fresh food products that have added value to their product through processing (e.g., preserves, jams, jellies, cider, syrups, salsa, smoked meats or fish, dried fruit, flours and salad dressings) Processed farm foods must be produced by the vendor from raw ingredients. Vendors in this category are those who have cooked, canned, baked, preserved or otherwise treated the product they sell. Processors must meet all federal, state, county and local health requirements. All appropriate permits and licenses shall be displayed at the vendor's stall. C. BAKED GOODS & GRAIN PRODUCTS Pastries, cookies, muffins, breads, pies and related take home deserts, not prepared on site. Pastas, granola, etc., are included in this category. Baked goods and grain products must be produced by the vendor from raw ingredients. Vendors in this category are those who have cooked, baked or otherwise treated the product they sell. Fruits or vegetable used should come from regional farmers when available. All baked goods must have the proper permits and licenses required by the City of Yakima and the Yakima County Health Department. D. FISHERMAN Fresh fish and/or shellfish vendors who sell products which they have caught, raised, bred or cultivated. They shall have priority over vendor(s) selling fish which they did not catch. All fishermen must have proper permits and licenses required by the State, City of Yakima and the Yakima County Health Department. 3 E. CONCESSIONAIRES / COMMERCIAL SELLERS: Hot & Cold Foods and beverages sold which are prepared in a licensed kitchen and/or at their market stall. Commercial sellers also may include anyone selling fresh or canned fish where they have not caught the fish. The Board shall determine what they may sell and the conditions, especially if one or more fisherman is present. Entry for concession/commercial sellers is subject to market manager approval prior to market day. Vendors whose products generate waste (e.g.., ready to eat items and free sampling) must provide a trash receptacle for customer use. F. ARTISANS: Products of original art or craft work which are produced by the vendor. No employees may sell. Products must be of the highest quality, handcrafted and may not be imported. Artisans must submit a minimum of 3 pictures or pieces of their work with their application for artisan jury review and approval. Some review items considered are: craftsmanship, quality, percentage of raw materials used, percentage of the product that is hand-crafted versus non -hand-crafted and originality. Plastic beads are not acceptable in bead work. G. Nonprofit CORPORATIONS: An incorporated organization with nonprofit status under the IRS code may participate with Market Managers approval. They must comply with Market rules, guidelines, and policies. Each market day one nonprofit group may engage in fund-raising, which must not compete with any producer's products, must comply with market rules, and must be approved by market manager prior to market day. A nonprofit group that is fund-raising will pay a flat fee of $15. Space is free for nonprofit groups that are solely distributing materials and information. Products not covered under the above listings will be given individual consideration by the Market Manager. YAKIMA FARMERS' MARKET Seniority and stall assignment 2001 Seniority, Stall Assignment and Reserved Spacing will be determined by the Markets' goal to provide a variety of local farm products and fresh food to consumers. Entry requirements may differ according to the category of seller. Selling privilege is contingent upon receipt of all _ requested documents and Market approval. Seniority, Stall Assignment and Reserved Spacing will also be determined by the following: a. Participation in the prior year's Yakima Farmers' Market. b. Payment of Annual Vendor Membership Fee c. Payment of one-time Initiation Fee d. Seller Category e. Vendor sales history 4 Permits to sell and stall assignments are made based on the Market's need to balance what is available to customers. The Market intends to meet the needs of applying farmers without overloading the Market with particular products. YAKIMA FARMERS' MARKET 2001 fees: A. All vendors will pay a yearly Annual Membership of $40. B. All vendors will pay a one-time Initiation Fee of $25 C. Reserved spacing fee is $50 per stall per year. Reserved stalls are limited. D. $15.00 minimum fee per stall per market day or 6% of gross sales. Whichever is GREATER. E. $40.00 minimum fee for Concessionaire per stall per market day or 10% of gross sales. Whichever is GREATER. Membership, Initiation, and Reserved Spacing fees may be paid in advance, or collected with the stall rental fee on the vendor's first Market day. Yakima Farmers' Market - Vendor Rules 2001 ONLY WASHINGTON STATE FARMERS AND OTHER STATE PRODUCERS AS LISTED MAY SELL AT THE MARKET. A principal farmer/producer may send family members, partners or employees to the Market in their stead, but are responsible for having their on-site representatives aware of all Market rules and policies. Yakima Farmers' Market HOURS OF OPERATION: 9:30 A.M. 2:30 P.M.. No vendors will be allowed on the site before 7:30 A.M.. All vendors must vacate the site by 3:30 P.M.. All vendors with assigned booth spaces must be at the market site 1/2 hour before the market opens and be ready to begin selling when the market opens. Vendors who arrive less than 30 minutes before the Markets open, will have to unload from the parking lot. Violators will be fined $20.00. Repeat violation will result in loss of the vendor's permit to sell. SELLING TIME: No selling shall begin before the Market's official starting time, when the designated signal is given by the Market Manager indicating that the Market is officially opened. Repeated violation of this policy will result in termination of vendors' permit to sell. Vendors are required to stay until closing times. Vendors who sell out early should post a sign letting customers know they have sold -out and should not leave their vehicles and possessions unattended. Vendors will be loaded up and vacate the site no later than one hour after the market has closed. SIGN AGE: All vendors will post a sign identifying him/herself or the name of the farm represented and where it is located. Signs should be no smaller than 24" wide by 8" high. Vendors will have their signs displayed before Market sales begin. 5 PRICE SIGN AGES: Products and other allowable Market products should be clearly marked with their price. This can be done by individually tagging each item with a sign or by listing all your produce and prices on a large sign or blackboard. SELLING SPACE: The vendor's sales area and sign age must not extend beyond the allotted boundaries of the stall space. VENDOR VEHICLES AND LOADING/UNLOADING: Vendor vehicles must not extend beyond allotted booth space. The market stall spaces have been designed with on-site vendor vehicles in mind. If you have a second vehicle, please have it off market site no later than 9:00 a.m. and park in the vendor parking area at the Transit Center on 4th St. and Chestnut. Failure to due so will result in a $20.00 fine. All vendors must enter and exit from Chestnut and 3rd Street. The Yakima Avenue entrance is closed for any access other than an emergency. BOOTH CLEAN UP: Vendors are responsible for keeping their space attractive during market hours and for cleaning up their space after the market closes. Market trash cans are not available for vendor use. Vendors should bring their own brooms and dustpans. Vendors whose products generate waste (e.g., ready to eat items and free sampling) must provide a trash receptacle for customer use. Those who do not clean up at the end of the Market will be issued a written warning for the first offense, and a $25.00 fine for the second offense. A third offense is grounds for termination of vendors' permit to sell. ***THE MARKET DOES NOT PROVIDE TABLES, AWNINGS OR UMBRELLAS*** SET OUT DISTANCE FOR VENDOR DISPLAY: Displays and signs must allow clear visibility to adjoining booths. Display and selling techniques must not impair other vendors' ability to sell, nor create a hazardous situation for customer. Hawking in front of booths is not allowed. Sampling must be done within vendors' assigned stall area and in accordance with Yakima Health District Codes. CLEANING PRODUCE: Produce should be washed and prepped for sale at home or on the vendor's farm. Vendors' should not wash produce at the Farmers' Market sites. PRICING: Suggested minimum pricing will be provided every Sunday by a board member. The market utilizes Seattle's Produce Terminal in determining minimum prices for participating farm vendors. NO DUMPING ALLOWED: Vendors are not allowed to give produce or other items away for free, thus under cutting potential sales of other vendors. Sampling is allowed under Yakima Health District guidelines. An approved hand washing facility must be available at vendors' stall when sampling. Call Yakima Health District at 575-4040 for guidelines. 6 SCALES: Vendors must provide their own scales if they wish to sell produce by weight. Scales must be "legal for trade" and are subject to inspection by the Department of Agriculture—Weights and Measures Program. PETS: No pets will be allowed in the vendor's selling area. The only exception will be seeing eye dogs, dogs for the hearing impaired or other disability guide dogs. VENDORS DRESS: Vendors are requested to wear shirts and shoes at their booths. VENDOR MUSIC: Vendors may play individual music in their booth space, but should be aware of the volume and their neighbor's ability to transact business without any audio interference. The Market Manager may prevent music playing at any time during the market. CHILDREN: Vendors need to keep a watchful eye on their children at all times during the market day. Early morning set-ups can be an especially dangerous place for small children. Small children should not be allowed to wander the grounds at any Market site. The Market can take no responsibility for their safety or whereabouts. COURTESY: Vendors will conduct themselves courteously. It is the Market's intent to win friends and benefit the vendors, consumers and the community. HAWKING: Hawking (calling attention to your products in a loud, repetitive, public manner) during Market day is not allowed. NO SMOKING: Smoking is not allowed in the vendor's sales area. MARKET MANAGER: The market manager's job (and assistant manager's) is to implement Market policies. This includes overseeing Market set-up, booth assignments, collection of fees, providing information about applications and Market policies, and assuring vendor compliance with all Market policies. The manager will make booth assignment decisions based on available space in the Market and the need for specific products. The Manager will be responsible for public concerns and vendor complaints. The Manager is also the conduit between vendors and customers to the Market's advisory committee and the Market manager has complete authority to interpret and implement policy on the Market site, including the authority to rescind stall space for just cause. Vendor grievances will be taken to the advisory committee. 7 The Yakima Farmers' Market reserves the right to prohibit anyone from selling or any product from being sold. The Yakima Farmers' Market has the right to inspect vendors' land. Representatives from this Market may inspect or visit any farms or establishments used by vendors. Farm visits will be conducted with at least 24 hours notice. Vendors should provide help during a visit in identifying the crops listed on the application for permit to sell. The Yakima Farmers' Market is not responsible for loss of property or damage. There will be no discrimination according to race, color, creed, sex, religion, sexual orientation, age or nationality. LICENSE, PERMITS AND SPECIAL REQUIREMENTS: Retail sales taxes and Business and Occupation taxes are the responsibility of individual vendors; vendors who are required to charge sales tax (i.e., artisans and concessionaires) are required by law to have a Washington State tax number and must supply this tax number when you apply at the Market. Vendors' applications will not be processed without this number. All vendors must show proof of current automobile insurance for on-site vehicles, and provide the Market with policy numbers which will be kept on file. All vendors shall provide at the time of application copies of any permits and licenses applicable to the sale of their products. These will include the vendor's Washington State Nursery License, Washington State Department of Agriculture Food Processors License, Certification or Organically Grown Produce, Grade A Dairy Permits, or Department of Fisheries Wholesale License, Food Handlers' Permit, and Yakima Health District Itinerant Food Service Permit. A seller of plants, bulbs, seeds for planting must have a nursery license, available from the Washington State Department of Agriculture ORGANIC PRODUCTS: If a product is labeled "organic" it must be certified by Washington State Law. VERBAL OR WRITTEN DECLARATIONS OF ORGANIC STATUS NOT CERTIFIED BY WASHINGTON STATE WILL RESULT IN TERMINATION OF VENDOR'S PERMIT. "UNSPRAYED, PESTICIDE -FREE OR LOW -SPRAY": Written and verbal declarations regarding pesticides use which cannot be certified such as "Unsprayed" "Pesticide free" or "Low Spray" will need a notarized affidavit attesting how these procedures are followed. This affidavit will be kept with the Market management for the season. Consumer queries regarding your farming practices must be answered factually. 8 PROCESSED FOODS must be licensed by Department of Agriculture as a Food Processor. These foods include dried fruits, herbs, teas, baked goods, cider, preserves, salsa and salad dressings. Beekeepers who process their own honey do not need a Food Processor's license, unless the honey is sold wholesale. Other Yakima County Health District requirements apply. BAKED GOODS: Those bakeries that sell more than 25% of their products wholesale must be licensed by the Department of Agriculture as Food Processors. Other Yakima County Health District requirements apply. LABELING: Processed foods, including honey, have Washington State labeling requirements. Labels on processed foods may be printed or handwritten and must include: 1) The name of product 2) Company name 3) Address 4) Net weight on bottom 1/3 of label and 5) Ingredients listed in decreasing order of predominance. ON-SITE FOOD STORAGE REQUIREMENTS: All foods must be kept at least 18" above the ground. FOOD HANDLER'S PERMIT: All prepared foods and baked goods vendors must have a current Yakima County Health Department Food Handler's permit. VENDOR CONTRIBUTIONS: Vendors may be asked to contribute a product to the Market's promotional and educational events such as produce tasting and special events. Food contributions are also solicited every week by various food banks. Please consider contributing to these Market events. Also, please consider that the food banks are the best resource for distributing your unsold product to the local community in need. 9 V. SIGNATURE The undersigned acknowledges receipt of, and agrees to abide by, the rules pursuant to the interpretation of the Market management. The sellers agree to indemnify and save harmless the Yakima Farmers' Market Association, the Yakima Downtown Association and the City of Yakima and their respective boards, owners, agents, employees and representatives from any damage, injury, loss to any person or persons, including but not limited to whom the seller may be liable under the Worker's Compensation Law and the producer him/herself, and from any loss, damage, cause of action, claims or suits for damages, including but not limited to loss of property, goods or merchandise, caused by, airing out or in any way connected with the seller's use of the privileges herein granted. I agree to abide by the Yakima Farmers' Market Rules as well as any related laws and regulations established by the city, county, state and federal government. I also pledge to follow common courtesy in dealing with customers and other sellers, recognizing the ultimate importance of creating and sustaining loyal customers for all sellers over long term, rather than simply making a sale. I pledge to act in a manner to create a pleasant atmosphere conductive to Market well-being and the full enjoyment and celebration of community life. Date Signature(s) Name(s) (print) Business Name Street Address Town/City State Zip Work Phone( ) Fax( ) Home Phone( ) E -Mail