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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 Page 1 of S (11k)agr/farmers' market concession udjuly 01 -pm 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, Page 2 of 5 (1k)agr/!rimers' market concession cedjnly O1.pm 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 Page 3 of 5 (h)ag/6anad market concession cedjuly 01-psn 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. Page 4 of 5 (Ik)agr/farmers' market concession cod july 01 -pm 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 Page 5 of 5 (lk)agr/ faunas' market tontaeednn ted july O1 -pm 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