HomeMy WebLinkAboutR-2007-065 Yakima Farmers' Market Concession License Agreement ExtensionRESOLUTION NO. R-2007-65
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
extend through December 31, 2007, 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 (hereinafter "YFM") has successfully
completed eight 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 Yakima community benefits economically, educationally and
culturally from the operation of a farmer's market in said location; 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, in 2003, the Yakima Farmers' Market extended operation of the
farmers' market to include afternoon events from 3 p.m. to 7 p.m. on Thursday each
week in the months of August and September and to one Saturday market in December;
and
WHEREAS, the previous Yakima Farmers' Market concession license agreement
that was approved on March 4, 2003, terminated at the end of 2006; and
WHEREAS, the YFM desires an'extension of their exclusive concession license to
operate a farmers' market at said location while proposed changes to the concession
license agreement are considered; and
WHEREAS, the City is willing to extend the 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 while changes to the
concession license agreement are considered; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to extend 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
extend through December 31, 2007, 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 1st day of May 2007.
ATTEST:
ootid,
City Clerk
Dave Edler, Mayor
CONCESSION LICENSE AGREEMENT BETWEEN
THE CITY OF yAKIMA
AND
YAKI.MA 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 four 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 Yakima Farmers' Market wishes to extend operation of the farmers'
market from the month of May through October, one Saturday in December (December 13,
2003) and hold afternoon events from 3 p.m. to 7 p.m. on Thursday each week in the months of
August and September.
WHEREAS, the street closure hours of 1:30 p.m. to 8 p.m. for the afternoon events on
Thursday each week are consistent with the Farmer's Market hours of operation.
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 Qty 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
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location to vehicular traffic to allow operation of the farmers' market. The area of South Third
Street covered bythis exclusive concession shall include the entire right-of-way (including but
not liin.ited to the sidewalk 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 producers, artisans, crafts persons, and food preparers
to sell food, non-alcoholic beverages, and handcrafted products directly to consumers.
c. YFM shall operate the farmers' market concession in accordance with the "Yakima
Farmers' Market 2003 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, 2006, unless sooner terminated by either
party in accordance with Section 15 of this Agreement.
3. Thursday market shall be further conditioned by the following restrictions:
• 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
• Third Street must be cleaned and open by 8:00 p.m., and
• No music before 5:00 p.m_ in the evening.
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, 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.
5. Establishi lent 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.
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,
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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 orassessed against eitherparty 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.
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.
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, members,
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 services, 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, its elected
officials, officers, agents, and employees as additional insureds, and shall contain a clause that
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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.
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
port -ion 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, ail 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
P.O. 1076
Yakima Wa. 98907
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.
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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 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.
CITY OF YAKIMA
By:,�, -J
Dick Zais, Ci anager
Date: a0, ,D_003
ATTEST:
iialw,.,.. A
YAKIMA FARMERS' MARKET
By
Its:
Date:
City ClerkCity Contract No. a' 00 3 - % ``�.�z
Resolution No. 12- a.00 3 - X00
SEAL
VD
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
For Meeting of May 1, 2007
ITEM TITLE: Consideration of a Resolution Authorizing the Extension of a Concession
License Agreement between the City of Yakima and Yakima Farmers'
Market.
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: William Cook (575-6113)
SUMMARY EXPLANATION:
For the past eight years, the City Council has approved the closure of Third Street between
Yakima Avenue and Chestnut on Sundays each week from May or June through October.
The street closure allows the Yakima Farmer's Market, a non-profit corporation, 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.
In 2003, the Yakima Farmers' Market extended operation of the market to include afternoon
events on Thursday each week in the months of August and September, and one Saturday in
December.
The previous Yakima Farmers' Market concession license agreement was approved by
Council on March 4, 2003, and terminated at the end of 2006. Since that time, the Market has
identified several aspects of the market operationsthat they would like to expand or change.
Discussion of the proposed changes is currently taking place at the staff level. The market is
tentatively scheduled for May 13. Therefore, in order to accommodate the proposed opening
date, and to allow ample opportunity to consider the changes requested by the Market, an
extension of the previous concession license is requested.
Approval of the attached resolution would authorize and direct the City Manager to extend the
2003 — 2006 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, through December 31, 2007.
Resolution X Ordinance Other (Specify) Concession License Agreement
Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: b City Manager
STAFF RECOMMENDATION: Adopt Resolution approving extension of Concession License
Agreement
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUPION R-2007-65
Extends contract 2003-27
AGREEMENT FOR PROFESSIONAL SERVICES
UNITED CHRISTIAN CHURCH
ADDENDUM NO. 2
This addendum, hereinafter identified as ADDENDUM NO. 2 to the Healthy Families Yakima
Professional Services Contract No. 2007-65, between the CITY OF YAKIMA (hereinafter
"CITY") and UNITED CHRISTIAN CHURCH (hereinafter "Contractor") is hereby made a part
of the underlying Agreement between the City of Yakima, Washington, and United Christian
Church, for services first entered into on the 15`h day of May, 2007 (Contract 2007-65,
Resolution R-2007-119), and first amended on October 21, 2008.
City and contractor, for mutual consideration hereinafter set forth, agree to further amend City
contract No. 2007-65 (hereafter "Agreement"), previously executed by the parties hereto, as
follows:
I. OBJECTIVES
The specific purpose for this Addendum to the underlying Agreement is to extend the terms of
the contract for one (1) additional year in order to allow the contractor to continue to provide
marriage education classes using PREP marriage education materials, within the same funding
provisions as were already awarded under the original contract. There are no new funding
sources provided by this ADDENDUM NO. 2 beyond what have already been provided through
the original contract and Addendum 1 thereto.
II. AMENDMENT
SECTION 2 — TERM
The term of the amended contract shall extend, retroactively, from October 1, 2009 to October 1,
2010. This ADDENDUM NO. 2 shall be considered the second extension of Contract 2007-65.
This ADDENDUM shall not be effective until signed by all parties.
Other than the specific amendments stated herein, all other terms, conditions, and requirements
of the underlying contract and previous ADDENDUMS thereto shall remain in full force and
effect throughout the term of the Contract's performance.
Healthy Families Yakima -Bethel Ridge
Family Resources -Contract
Addendum No 3
1
IN WITNESS WHEREOF the parties hereto duly enter into and execute this ADDENDUM NO.
2, as of this day of December, 2009.
CITY OF YAKIMA UNITED CHRISTIAN CHURCH
R.A. Zais, Jr., City Manager
Date: IZ%2_2109
Eric Anderson, Pastor
Date:
9a . )(x_)2
City Contract No.
Resolution No.
Healthy Families Yakima -Bethel Ridge
Family Resources -Contract
Addendum No 3
2