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HomeMy WebLinkAbout06/15/2010 19 Yakima Farmer's Market Association Concession License Agreement; Related Street Closure Authorization REVISED BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT q Item No. For Meeting of June 15, 2010 ITEM TITLE: A. Consideration of a Resolution authorizing execution of a Concession License Agreement between the City of Yakima and Yakima Farmers' Market Association. B. Consideration of a Resolution authorizing temporary street closures for the Yakima Farmers' Market. SUBMITTED BY: Michael A. Morales, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Michael A. Morales (575 -6113) SUMMARY EXPLANATION: Each year since 1999, the City Council has approved the closure of Third Street between Yakima Avenue and Chestnut on Sundays each week from May through October for the Yakima Farmers' Market. The proposed Concession License Agreement and the associated Resolutions further expand the market area to an area just south of the United States Post Office driveway nearest to Walnut Avenue (due to the U.S. Postal Service's recent decision to eliminate Sunday lobby service at their South Third Street office). The changes were recommended by the Council Economic Development Committee at their May 6, 2010 meeting. In consideration that the current Farmers' Market contract is due for renewal at midnight, December 31, 2010, we request that the current contract agreement be extended for a period of three (3) years, and shall terminate at midnight, December 31, 2013. Approval of the attached resolutions incorporating these additions, changes and conditions would authorize and direct the City Manager to execute an exclusive concession license agreement with Yakima Farmers' Market Association, a non - profit corporation, to facilitate continued operation of a farmers' market at certain times within the City of Yakima through December 31, 2013. It would also authorize the temporary closure of certain portions of South Third Street each Sunday, mid -June through October 2010, and on each Sunday of May through October, for the years 2011, 2012 and 2013. Resolution X Ordinance Other (Specify) Concession License Agreement Mail to (name and address): Don Eastridge, President, Yakima Farmers' Market Association 350+ Commonwealth Road, Yakim WA 98901 Phone: 509 - 457 -5765 APPROVED FOR SUBMITTAL: `� City Manager STAFF RECOMMENDATION: Adopt Resolution approving Concession License Agreement and Resolution authorizing temporary closure of portions of South Third Street. BOARD /COMMISSION RECOMMENDATION: The Council Economic Development Committee recommends approval of the temporary street closure, expansion of the market area, and renewal of the License Agreement. COUNCIL ACTION: RESOLUTION NO. R -2010- 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 has successfully completed eleven 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 6:00 a.m. to 4:30 p.m. every Sunday from May through October of each year since 1999 to permit operation of the farmers' market at said location; and WHEREAS, the Yakima Farmers' Market wishes to continue to operate the market on one Saturday in December as they have since 2003; and WHEREAS, the Yakima Farmers' Market wishes to operate the market from 1:30 p.m. to 7:00 p.m. on Thursday each week in the months of July and September; and WHEREAS, the Yakima Farmers' Market may elect to utilize the grassy area surrounding the Millennium Plaza in lieu of or in conjunction with the usual and customary location for the purpose of minimizing any impact on traffic on Third Street for the Thursday markets; and WHEREAS, the Yakima community benefits economically, educationally and culturally from the operation of a farmers' market at said location; and WHEREAS, the Yakima Farmers' Market 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 the Yakima Farmers' Market 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 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 day of , 2010. ATTEST: Micah Cawley, Mayor City Clerk Farmers' Mkt License Agrmt 2 RESOLUTION NO. R -2010- A RESOLUTION authorizing temporary closure of portions of South Third Street between East Yakima Avenue (to the north) and midblock (south of the Post Office driveway) between East Chestnut Avenue and East Walnut Street (to the south) for the Yakima Farmers' Market. WHEREAS, the Yakima Farmers' Market has successfully completed ten eleven years of operating a farmers' market in the Yakima downtown area; and WHEREAS, the City has closed (by resolution) South Third Street between East Yakima Avenue (to the north) East Chestnut Avenue (to the south) to traffic between the hours of 6:00 a.m. to 4:30 p.m. every Sunday from May or June through October of each year since 1999 to permit operation of the farmers' market at said location; and WHEREAS, beginning May 9, 2010, for Sunday markets only, the market wishes to extend the area of the market south on South Third Street beyond Chestnut Avenue to an area just south of the United States Post Office driveway located mid -block between East Chestnut Avenue and East Walnut Street; and WHEREAS, when the market utilizes the area of South Third Street from Chestnut Avenue to south of the Post Office south driveway, they will provide signage on South Third Street at Walnut Street that states either "Street Closed Ahead — No Trucks" or "Restricted Turning Radius;" and WHEREAS, the market has received approval from all area businesses that will be affected by the temporary street closures; and WHEREAS, street closure permits for any special dates and events will be subject to the issuance of a temporary street closure permit by the Yakima Police Department; and WHEREAS, any special dates and events will be communicated and coordinated between the Yakima Farmers' Market and area businesses affected by the temporary street closures; and WHEREAS, the City Council deems the Yakima Farmers' Market to be a special event for which temporary street closure is desirable, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The following street is hereby closed at the stated times and dates: • South Third Street between East Yakima Avenue (to the north) and mid -block (south of the Post Office driveway) between East Chestnut Avenue and Walnut Street (to the south); • Every Sunday for 25 weeks beginning May 9, 2010 through October 27, 2013; • 6:00 a.m. until 4:30 p.m. ADOPTED BY THE CITY COUNCIL this _day of , 2010. ATTEST: Micah Cawley, Mayor City Clerk Resolution — Farmers' Market Street Closure 2 CONCESSION LICENSE AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA FARMERS' MARKET ASSOCIATION THIS CONCESSION LICENSE AGREEMENT (hereinafter "Agreement ") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereafter the "City "), and the Yakima Farmers' Market Association a non - profit corporation (hereafter "YFM". WHEREAS, the Yakima Farmers' Market Association has successfully completed eleven 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, 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 6:00 a.m. to 4:30 p.m. every Sunday from approximately May through October of each year since 1999 to permit operation of a farmers' market at the said location; and WHEREAS, the Yakima Farmers' Market wishes to extend operation of the farmers' market from May through October, one Saturday in December (December 12, 2010) and hold afternoon events from 3:00 p.m. to 7:00 p.m. on Thursday each week in the months of July and September; and WHEREAS, the Yakima Farmers' Market wishes to extend the area of the market south on South Third Street beyond Chestnut Avenue to an area just south of the United States Post Office southernmost driveway between East Chestnut Avenue and East Walnut Street; and WHEREAS, the street closure hours of 1:30 p.m. to 7:00 p.m. for the afternoon events on Thursday each week are consistent with the Farmers' Market hours of operation; and WHEREAS, the community benefits economically, educationally and culturally from the operation of a farmers' market at the said location. WHEREAS, YFM desires an exclusive concession license to operate a farmers' market at the 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 the Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, it is ag4reed 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 Yakima Avenue (to the north) and south on South Third Street beyond Chestnut Avenue to an area just south of the United States Post Office driveway between East Chestnut Avenue and East Walnut Street (to the south) only as far as is needed on a week to week basis, and the use of the Millennium Plaza during time periods when the City has granted appropriate legal action to close said streets to vehicular traffic to allow the operation of the farmers' market. The area of South Third Street covered by this exclusive concession shall include the entire right -of -way (including but not limited to the sidewalks and any area between the street and the sidewalk). b. The farmers' market concession license granted hereunder is generally described as a license to permit farmers, specialty food processors, artisans, craft persons, and food preparers to sell food, non - alcoholic beverages, and handcrafted products directly to consumers. c. YFM shall operate the farmers' market concessions in accordance with the 'Yakima Famers' Market Rules, Guidelines & Policies ", a copy of which is attached hereto as Exhibit "A ". 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, December 31, 2013, unless sooner terminated by either party in accordance with Section 15 of this Agreement. 3. Restrictions. Thursday market shall be further conditioned by the following restrictions. o No parking/ tow zone restrictions would not be in place, and therefore the Thursday market would be required to work around vehicles legally parked on the street that were not voluntarily moved, and o Third street must be cleaned and opened by 8:00 p.m., and o No music before 5:00 p.m. in the evening o YFM may elect to occupy the Millennium Plaza and the surrounding area in lieu of or in conjunction with the usual and customary location for the purpose of minimizing any impact on traffic on Third Street. 4. 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, 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. 5. 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 an 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. 6. 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 a result of this Agreement. In the event the city is assess a tax or assessment as a result of this Agreement, YFM shall pay the same before it become due. 7. 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 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. 7.10 Free Speech in the Yakima Farmers' Market Inc. Upon completing a Yakima Farmers' Market application, the Market Manager will establish a "Free Speech Area" for the purpose of providing one place at the Market for members of the public to display information. This may be political advertising, petitions or the like. The designated expression area shall be marked by at least one sign containing the words "Free Speech Area ". Members of the public who wish to use the Farmers' Market for expression activities may do so by setting up tables in this designated area to display information and by wearing buttons and personal advertising. The use of amplifiers or bullhorns is strictly prohibited. No leafleting, organized protesting, non scheduled entertainment or nonprofit distribution shall be allowed outside of a booth or the established, designated area. 8. 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. 9. 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. 10. 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, member, employees and volunteers. 11. 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 service, duties, and obligations required under this Agreement. 12. 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, it's elected officials, officers, agents, and employees as additional insured, 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 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. 13. 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 is granted, then the assignee shall assume all duties, obligations, and liabilities of YFM stated herein. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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 Association PO Box 127 3509 Commonwealth Rd. Yakima, WA 98907 Yakima, WA 98901 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 effective4 when mailed or hand delivered at the addresses specified above. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 21. Integration. This written document constitutes the entire agreement between the City and YFM and supersedes 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 changes or addition be in writing and executed by both parties. CITY OF YAKIMA YAKIMA FARMERS' MARKET ASSOC. By: By: Dick Zais, City Manager Its: Date: Date: ATTEST: City Clerk City Contract No. Resolution No.