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HomeMy WebLinkAboutR-2010-079 Yakima Farmers' Market Association Exclusive Concession License AgreementRESOLUTION NO. R-2010-79 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 15th day of June, 2010. ATTEST: Micah Cawley, ayor 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. 0 0 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 opened by 8:00 p.m., and 0 No music before 5:00 p.m. in the evening 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 .YIFM 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, Yakima, WA 98907 509 Commonwealth Rd. 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 By: Dick Zais, Cit37 Manager ‘-,// g'/%( Date: ATTEST: City Clerk City Contract No. oq(2/D . Resolution No. YAKI F -79 RMERS`YM'•: RKET A SOC. Date: ‘,..11) YAKIMA FARMERS' MARKET ASSOCIATION RULES, GUIDELINES AND POLICIES 2010 READ THESE REGULATIONS CAREFULLY BEFORE SIGNING YOUR APPLICATION AND KEEP THIS COPY FOR YOUR RECORDS. FAILURE TO READ, UNDERSTAND AND OBEY THESE REGULATIONS MAY RESULT IN ADDITIONAL FEES OR TERMINATION OF YOUR MARKET PERMIT TO SELL. What is the Yakima Farmers' Market? The Yakima Farmers' Market was established in 1999 to provide agricultural education to the general populace, to improve the general business climate of downtown and other areas of the city and county, and to increase the economic viability of vitality of farmers, artisans, and other small business operators of the Pacific Northwest, with special focus on those in the Yakima Valley. We seek marketplace development serving culinary, agricultural, artistic, cultural, educational, musical, entertainment, nonprofit and other related interests of the community. General Information: The office is located at: The home of manager : Don Eastridge 3509 Commonwealth Rd. Yakima, WA. 98901 The mailing address is: Yakima Farmers' Market PO Box 127 Yakima, WA. 98907 Office phone: (509) 457-5765 Fax (509) 469-7087 Email address: manager(&,,yakimafarmersmarket.org mktauv( charter.net Office Hours: Closed Mondays Tuesday thru Friday 11:00 AM -- 5:00 PM Web site: yakimafarmersmarket.org When does the Yakima Farmers' Market take place? In 2010, the Yakima Farmers' Market will be open to the public on Sundays, 9:00 a.m. to 2:00 p.m. from May 9th through October 31, 2010. Other special dates or events may be added to the season. The Market is located on South Third Street between Yakima Ave. and Chestnut Street, and beyond to the post office, south, when needed. (Special events may incur different locations and hours of operations.) Vendor and employee parking will be provided at the Yakima Transit Center, which is located on the comer of Fourth Street and Chestnut or on any of the side streets around the market area. Vendors and employees of vendors, who park their vehicles at the City public parking lot between Second Street and Third Street, north of Chestnut, will be fined $25.00 per incidence. Repeat Violators may lose their permit to sell. All vendor traffic will enter the market from the south to keep the flow of traffic in the same direction. The market manager designates the traffic pattern for vendors. Who is allowed to sell at WSFMA Member Markets? Producers Farmers One who raises produce, plants or botanicals, or animals which they sell at WSFMA Member Markets on land they own, lease or rent, in the State of Washington or border counties of the State of Washington. The definition of Farmer may also include someone who processes produce, fruit, berries, botanicals, meats, honey, etc., which is grown, raised, or harvested on their own, leased or rented property, in the State of Washington or border counties and then turned into value added products(s) such as Jams, cider, salsa, vinegars, alcoholic beverages(*), essential oils or any other botanical use. It may also include Farmers who raise the basic ingredient(s) of a product, but who must send it out for fundamental processing, either within Washington State or border counties, before creating the value added product. Such Vendors might include those Farmers selling certain essential oils, Smoked meats or fish, etc. This excludes Resellers or those who might work on, or manage a corporately owned farm and have permission to dispose of surplus product. (Ask manager for alliance program outline.) 1. SEAFOODS: In the case of seafood, the vendor must own, lease or operate the fishing vessel or own, lease or rent the parcel of land where the seafood is caught or harvested for sale at WSFMA Member Markets. The vendor must be a legal resident of the State of Washington. All fishermen must have proper permits and licenses required by the City of Yakima and the Yakima County Health Department. This includes a commercial fishing license. 2. ALCHOLIC BEVERAGES: Alcoholic beverages must be made entirely from ingredients grown in Washington, or from grapes grown in a recognized Washington appellation, except for certain additives required for the processing which cannot be produced in the State of Washington, not amounting to more than 5% of the total volume of the beverage. Processors One who sells foods that they have personally prepared or processed on property that they own, lease, or rent in the State of Washington. Processors are persons offering fresh food products (such as meats, seafood, cider, wines, baked goods, jams, nuts, etc.) that have added value to their product through some sort of "hands-on" processing ( e.g., hand -filleted fish, smoked or butchered meats, handmade candies/nuts, etc.), but have not raised the ingredients themselves. All Processors must meet all Federal, State, County and Health Department requirements. All appropriate permits and licenses must be submitted and filed with the Market Manager. Processors must produce their products in Washington State only, or in the border listed in Appendix B of the WSFMA Roots Guidelines. Processed food products should use ingredients from Washington State farms as much as possible, and WSFMA Member Markets should give stall preference to those Processors who use ingredients from Washington State farms or waters. 1. SEAFOODS: In the case of seafood vendors, the product must originate from the greater Pacific Northwest, which includes Washington, Oregon, Alaska and British Columbia. 2. ALCOHOLIC BEVERAGES: Alcoholic beverages must be made entirely from ingredients grown in Washington, or from grapes grown in a recognizes Washington appellation, except for certain additives required for processing, but which cannot be produced in the State of Washington, not amounting to more than 5% of the total volume of the beverage. 3. BAKED GOODS AND GRAIN PRODUCTS: This category includes pastries, cookies, muffins, breads, pie and related take home deserts, not prepared on site. Pastas, granola, etc. are also included in this category. The vendor, from raw ingredients, must produce baked goods and grain products. Vendors in this category are those that have cooked, baked, or otherwise treated the product they sell. Fruits or vegetables used should come from farmers when available. All baked goods must have the proper permits and license required by the City of Yakima and the Yakima County Health Department. Other Vendors Prepared Food Vendors (Concessionaires) offer freshly made foods, available for sale and immediate consumption on-site at WSFMA Member Markets. Prepared Food vendors shall submit and also possess and maintain all required State, County, and local Health Department permits. All appropriate permits and licenses shall be filed with the management of the market. Prepared Food vendors should use ingredients produced in Washington State as much as possible. Further, when selecting Prepared Food vendors, WSFMA Member Markets are encouraged to provide a good variety of healthy foods and to give preference to those vendors using ingredients produced in Washington State only. 1. Hot /cold foods and beverages sold which are prepared in a licensed kitchen and/or at their market stall. The manager shall determine what they sell and the conditions, we try not to duplicate any items sold. Entry for concessionaire sellers is subject to the 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. Artisans/Crafters One who creates with their hands the products they offer for sale at WSFMA Member markets. To qualify as an Artisan/Craft, a majority of the tools and equipment used to produce their products must require skill, personal handling and/ or manipulation. Artisans/Crafters should incorporate materials grown or produced in Washington State as much as possible and create their products in Washington State only. 1. Products must be of the highest quality, handcrafted, and not imported. Artisans must submit a minimum of three 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 product that is handcrafted versus non -handcrafted; and originality. Plastic beads are not acceptable in bead work. 2. No employees shall sell for the vendor. NON-PROFIT CORPORATIONS An incorporated organization with non-profit status under the IRS code may participate with market manager's approval. They must comply with market rules, guidelines and policies. Each market day, one non-profit group may engage in fund raising, and must be approved by the market manager, prior to market day. A non profit group that is fund raising will pay a daily both fee of $10.00, based on space availability. The market manager will give individual consideration on products not covered under the above listings. Guidelines: YAICIMMA FARMERS' MARKET MEMBERSHIP Membership fees: 1. Annual membership fee is $ 50.00 payable by March 31, 2010 w/completed application and all other required forms attached. After March 31, 2010 membership is $ 75.00 for returning members of the market. No application is complete until all required forms are received and approved by the manager. New members of the Market, the fee will remain $ 50.00 for the season. 2. Reserved spaces fees are $ 75.00 per stall per season. The number of reserve spaces is limited. If you want more space later, then reserve if now as it won't be available later in the season. * Booth fees: 1. Farmers/growers/fishermen: $ 25.00 flat fee, per space per day used. 2. Artisans/crafters/processors: $ 35.00 flat fee, per space per day used. 3. Concessionaires: $ 50.00 flat fee, per space per day used. ** 4. Additional stall or spaced used outside of your assigned area is $ 25.00 per day. 5. Non-profit group at the market will pay a fee of $ 10.00 for the space assigned. 6. No fee for non-profit groups and free speech area users if only handing out information. 7. Guess vendors of the market will be charged a fee of $ 25.00 to try out the market before becoming a vendor. * Reserved stalls are paid up front. The market manager can use these spaces for other vendors till you, the vendor, let the manager know a week in advance on your load sheet, email or by phone. * * Concessionaires that need electricity must pay the reserve fee or you may not have a space on market day, due to the electric situation. Vendors are not required to be at the market every week to be a member. But you must be a member to sell at the market, unless you are new and using a guest pass from the market manager. There will be no discrimination according to race, color, creed, sex, religion, sexual orientation, age, or nationality. Seniority and Stall Assignments for 2010. Seniority, stall assignment and reserved spacing will be determined by the market's 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 manager approval. Seniority stall assignment and reserved spacing will also be determined by the following: a. Number of year's participation in the prior years, Yakima Farmers' Market. b. Date of payment of annual vendor membership fee ($50.00) and completed application. c. Seller category. d. Vendor sales history. Permits to sell and stall assignments are made based on the market's needs to balance what is available to consumers. The market intends to meet the needs of applying farmers without overloading the market with particular products. CANCELLATION POLICY: Two day notice of cancellation is required by a phone call to (509) 457- 5765 or message left at this number. Without the notice of cancellation you will be charged for your Stall Fee. An exception to this policy is proof of an emergency and or illness. The Yakima Farmers' Market is not responsible for the loss of property or damage to others property. YAKIMA FARMERS' MARKET Vendor rules 2010 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 you are responsible for having their on-site representatives aware of all market rules and policies. Yakima Farmers' Market HOURS OF OPERATION: 9:00 a.m. - 2:00 p.m. No vendors will be allowed on site before 7:00 a.m. All vendors must vacate site by 3:30 p.m. All vendors with assigned booth spaces must be at the market site one (1) hour (8:00 AM) before the Market opens and be ready to begin selling when the Market opens. Vendors who arrive less than 45 minutes before the Market opens will have to unload from the parking lot. Violators will be fined $25.00. Repeat violations may result in the 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 (a blast of the Air Horn) is given by the market manager indicating that the market is officially opened. Repeat violation of this policy will result in the termination of vendor's permit to sell. Vendors are required to stay until closing time and leave your booth set up with a sign stating that you have sold out for the day. You will not leave your vehicle and possessions unattended. This will result in a fine. Vendors will be loaded up and must vacate site no later than one and half hour (3:30) after the market has closed. Vendors may sell product to other vendors only, prior to the air horn. THE MARKET DOES NOT PROVIDE TABLES, AWNINGS, UMBRELLAS, BROOMS AND DUST PANS, TIE DOWN WEIGHTS OR OTHER EQUIPMENT* The Yakima Farmers' Market is not responsible for the loss of property or damage to others property. All vendors are required to have insurance for the rented space in the market. The Yakima Farmers' Market has Liability Insurance thru the WSFMA, for the street area and pedestrian walking spaces in the market, not in the vendor sales areas. WSFMA Liability Insurance requires weights on all Canopies and Umbrellas in the market area. 1. "All vendors who wish to erect canopies (including umbrellas) on the Farmers Market site during a normal period of market operations, including the set up and break down period, are required to have their canopies sufficiently and safely anchored to the ground from the time their canopy is put up to the time it is taken down. Any vendor who fails to properly anchor his or her canopy will not be allowed to sell at the Farmer's Market on that market day, unless that vendor chooses to take down and stow their canopy and sell without it. Each canopy leg must have no less than 241bs (pounds) anchoring each leg." BOOTH SET UP: The first thing to do when setting up your canopy is weight all legs or tie down all corners of your cover. This needs to be done before you set up the rest of your display or merchandize. The vendor of record will be responsible for injury if your canopy gets away. Weights cannot cause a trip hazard. No weights or partial weights will result in a $25.00 fine per tent. For more information go to www.wafarmersmarket.com/resources/canopysafetyl 0 I.html or check with the market manager. A vendor will receive one written notice as a warning before being, Fined. SIGNAGE: All vendors will post a sign identifying, him or her, or the name of the farm or business represented. Signs should be no smaller than 24" wide by 8" high. Vendors will have their signs displayed before the market sales begin. SET OUT DISTANCE FOR VENDOR DISPLAY: Displays and signs must allow clear visibility to adjourning booths. Display and selling technique must not impair other vendors' ability to sell, nor create a hazardous situation for customer. PRICE SIGNAGE: Products and other allowable market products will be clearly marked with their price. This can be done by individually tagging each item with a sign or by listing all of your produce and prices on a large sign or black board. Concessionaires must display a Menu and prices of items offered at the market. SELLING SPACE: The vendor sales area and signage must not extend beyond the allotted boundaries of the stall space. The usage of any additional space beyond the allocated space(s) will require payment of additional rental(s). The fee for additional space is $25.00 for each space. The white line is the front of your space unless specified by the market manager. If you need things in front of your booth then move your booth back towards the curb leaving room for it in front of your booth space. VENDOR VEHICLES LOADING/UNLOADI'NG: 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 8:30 a.m. and parked in the vendor parking area at the Transit Center on 4w Street and Chestnut or any of the side streets. Failure to do so will result in a $25.00 fine. No vendor vehicles will enter or leave the market site before 2:30 p.m.; this is for the public safety. Our Insurance carrier now requires this. VENDOR VEHICLES: If you're vehicle leaks, (oil, water or any other liquids) you will have to place a drip pan or cardboard in the leak areas. We have had complaints from the City of Yakima about the leaks on the sidewalks. 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 must bring their own brooms and dust pans. Vendors whose products generate waste (e.g. ready to eat) must have garbage cans for your own use. The Market garbage cans are for the public use. The market will provide a dumpster in the ally way buy the Capitol Theatre for the dumping of vendor and public trash cans. The manager will assign all concessionaires market cans that they are required to empty when full thru out the market day and empty the market cans assigned to you at the end of the day. Those who do not clean up at the end of the market day 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 vendor's permit to sell. THE MARKET DOES NOT PROVIDE TABLES, AWNINGS, UMBRELLAS, BROOMS AND DUST PANS, TIE DOWN WEIGHTS OR OTHER EQUIPMENT* FARMERS: SAMPLING: Sampling must be done within vendor's assigned stall area and in accordance with Yakima Health District Codes. You must have a hand washing station at your booth. CLEANING PRODUCE: Produce should be washed and prepared for sale at home or on the vendor's farm. Vendors should not wash produce at the market. PRICING: Farm members are provided a suggested minimum pricing sheet every Sunday. The market utilizes local shipping point pricing in determining prices for participating farm vendors. This is a suggested price; you may charge more for your products. NO DUMPING ALLOWED: Vendors are not allowed to give produce or other items away for free or by undercutting the suggested minimum price, which in turn under cuts the potential sales of other vendors. SCALES: Vendors must provide their own scales if they wish to sell by weight. Scales must be "legal for trade" and are subject to inspection by the Department of Agriculture- Weights and Measures Program. ALL MARKET VENDORS: PETS: We do not encourage pets within the Farmers' Market. The only exception will be Seeing Eye dogs, dogs for the hearing impaired, and/or other disability guide dogs. The ordence for Yakima City allows dogs but they must be on a leash. VENDOR DRESS: Vendors are requested to dress appropriately at their booths during market hours. 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 from 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-up 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 assumes 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 vender sales area or the market by vendors. MARKET CLEAN UP: Vendors will be asking to help with the market clean up of the trash cans on rotating bases. All vendors will be asked by the market manager to help with this task. Concessionaires will be responsible for empting the garbage cans closes to the booth and leave them empty at the dumpster. MARKET MANAGER: The market manager's job is to uphold market policies: This includes, but is not limited to, overseeing market set-up, booth assignments, and collection of fees, providing information about applications and market policies, and assuring vendor compliance with all market policies. The market manger 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 the conduit between vendors and customers. 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. The market manager reserves the right to move a vendor's location for special events throughout the season. The Yakima Fanners' Market reserves the right to prohibit anyone from selling or from selling any product at the market, if not obeying the market rules. All soda products and water are reserved and sold at the market booth as a fund raiser for the market. The Yakima Farmer's Market has the right to inspect or visit all vendors of the market. This will be done by the market manager from time to time. Farm visits will be conducted with at least 24-hour notice. Vendors should provide help during visit in identifying the crops listed on your application. All vendors are subject to inspection to check your products. LICENSES, INSURANCE, PERMITS AND SPECIAL REQUIREMENTS: Retail sales taxes and Business and Occupation taxes are the responsibility of individual vendor. Vendors who are required to charge sales tax (i.e. artisans and concessionaires) are required by law to have a Washington State Tax ID number and must supply this tax number when you apply at the market. Vendor's 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. Insurance: The YAKIMA FARMERS' MARKET has an insurance policy to protect the market from the customers of the market. This includes the market area where the public travels; this does not include the Vendor area, space or the products of the vendors. This is why you need Liability Insurance to protect yourself as a vendor from the public. All farmers, processors and concessionaires will need to produce a copy of a Certificate of Insurance policy for liability and the Yakima Farmers' Market must be listed as a certificate holder. Small farmers may be able to use their home owner"s policies. 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 License, Washington State Department of Agriculture Food Processor's License, Certification of 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, or seeds for planting must have a nursery license, available from the Washington State Department of Agriculture. ORGANIC PRODUCTS: if a product is labeled "organic" Washington State Law must certify it. VERBAL OR WRITTEN DECLARATIONS OF ORGANIC STATUS NOT CERTIFIED BY THE STATE OF WASHINGTON WILL RESULT IN TERIVIINATION OF VENDOR'S PERMIT. UNSPRAYED, PESTICIDE -FREE, OR LOW SPRAY: Written and verbal declarations regarding pesticides use, which cannot be certified 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. PROCESSED FOODS: Processed foods must be licensed by the Department of Agriculture, as a food processor. These foods include dried fruits, herbs, teas, baked goods, cider, preserves, salsas, and salad dressings. Beekeepers that process their own honey do not need a Processor's License, unless the honey is sold wholesale. Other Yakima County Health Department 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 Department 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 the product 2) Company name 3) Address 4) Net weight on bottom 1/3 of label and 5) Ingredients listed in decreasing order predominance. ON-SITE FOOD STORAGE REQUIREMENTS: All prepared foods must be kept at least 18" above the ground. FOOD HANDLER'S PERMIT: Vendors must have a current Yakima County Health Department Food Handler's Permit for all prepared foods and baked goods. Permit must be posted in the vendor's booth. VENDOR CONTRIBUTIONS: Vendors may be asked to contribute product to the market's promotional and educational events, such as, produce tasting and special events. Various food banks also solicit food contributions every week. Please consider contributing to these market events. Please note that the food banks are the best resource for distributing your unsold product to the local community need. All venders with membership will participate in the market fund raising. oy jncans of cash or labor. In the way of food donations for events and/or cash donations equal to the amount of assigned ticket sales. labor at the equal rate of assigned ticket sales. These funds. product and time are needed to promote the market so we can survive for the future of the market. These amounts will be set by the board of directors. YAKIMA FARMERS' MARKET ASSOCIATION RULES, GUIDELINES AND POLICIES 2010 READ THESE REGULATIONS CAREFULLY BEFORE SIGNING YOUR APPLICATION AND KEEP THIS COPY FOR YOUR RECORDS. FAILURE TO READ, UNDERSTAND AND OBEY THESE REGULATIONS MAY RESULT IN ADDITIONAL FEES OR TERMINATION OF' YOUR MARKET PERMIT TO SELL. Pete Pescador, President Date: January 1, 2010 **************************************************************************** I have read the Yakima Farmers' Market , Draft rules, Guidelines and Policies 2009, rules and I agree to abide by them and all laws, codes and regulations; cooperate with Market Manager; and to honestly pay all of the required fees and submit all of the required documents. I agree to indemnify and hold harmless the Yakima Farmers' Market Association; the City Of Yakima; and any of the officers, employees, volunteers, representatives, directors or agents from all liability, claims sites, damages, levies, costs, losses and fees including attorney fees, arising out of or related to my activities with the Yakima Farmers' Market Association. Signature: Date: Please keep this copy for your records. Yakima Farmers' Market Association 2010 Application Business Name: Please Print Clearly Applicants Name: Mailing Address: City: Wa. Zip: Type of Vendors Artisan E -Mail address: Crafter Cell phone # Business phone # Fax # Concessionaire Farmer Non-profit Processor Number of spaces requested All spaces are 10 feet wide. Number of reserve spaces requested @ $75.00 each space. If you don't reserve the space now, space will not be there later when you want it. Special Needs: Power 110 volts Yes No 240 volts Yes Other needs: On site vehicle required: Yes No All vendors must have vehicle insurance and supply the market with a copy of the proof of insurance card that you carry in your vehicle. Insurance Co. Policy # Liability insurance for concessionaires, processors and farmers are required. You need to submit a certificate of insurance from your Insurance Co. with Yakima Farmers' Market as a certificate holder. In the case of small farmers check with your home owners Insurance Co. Insurance Co. name Policy # List other markets that you have sold at. Market Name # of Years sold at List the markets that you plan to sell at this year. List any State, County, City licenses and /or permits that you hold for your business. You need to make copies of these documents and submit them with you application. Farmers: All farmer must grow the products that you plan to sell at the market. Farmers are not allowed to buy and sell other products grown by others unless approved by the market manager. This could be grounds for dismissal. Give addresses of the properties that you own and are growing you products on. Location/address Are you leasing property to grow on. Yes No ? If so list the location and the person or company that you are leasing from. A copy of your lease agreement and a contact person. List the products that you plan to sell at the market. Artisans: All artisan products are juried by the committee so be sure and submit the (3) three articles or pictures if new and trying to enter the market as a vendor. You will be notified if excepted or not and why. Concessionaires: All permits and licenses need to be submitted with your application. You must submit a list of the things you want to sell. These items will be ok'd by the manager. We try not to duplicate from one vendor to another. List your menu here. **************************************************************************** I have read the Yakima Farmers' Market , Rules, Guidelines and Policies 2010. I agree to abide by them and all laws, codes and regulations; cooperate with Market Manager; and to honestly pay all of the required fees and submit all of the required documents. I agree to indemnify and hold harmless the Yakima Farmers' Market Association; the City of Yakima; and any of the officers, employees, volunteers, representatives, directors or agents from all liability, claims sites, damages, levies, costs, losses and fees including attorney fees, arising out of or related to my activities with the Yakima Farmers' Market Association. Signature: Date: Federal Tax # UBI number: YAKIMA FARMERS' MARKET ASSOCIATION RULES, GUIDELINES AND POLICIES 2010 READ THESE REGULA►iUNS CAREFULLY BEFORE SIGNING YOUR APPLICATION AND KEEP THIS COPY FOR YOUR RECORDS. FAILURE TO READ, UNDERSTAND AND OBEY THESE REGULATIONS MAY RESULT IN ADDITIONAL FEES OR TERMINATION ()F YOUR MARKET PERMIT TO SELL. Signed: Pete Pescador, President Date: January 1, 2010 C J I have read the Yakima Farmers' Market , Draft rules, Guidelines and Policies 2009, rules and I agree to abide by them and all laws, codes and regulations; cooperate with Market Manager; and to honestly pay all of the required fees and submit all of the required documents. I agree to indemnify and hold harmless the Yakima Farmers' Market Association; the City Of Yakima; and any of the officers, employees, volunteers, representatives, directors or agents from all liability, claims sites, damages, levies, costs, losses and fees including attorney fees, arising out of or related to my activities with the Yakima Farmers' Market Association. Signature: Date: Please return this copy to the office with your application, signed. REVISED BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 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, YakiWA 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: