HomeMy WebLinkAbout04/15/2008 08 Yakima Farmers' Market Concession License Agreement BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
IP AGENDA STATEMENT
Item No. g
For Meeting of April 15, 2008
ITEM TITLE: A. Consideration of a Resolution authorizing execution of a Concession
License Agreement between the City of Yakima and Yakima Farmers'
Market.
B. Consideration of a Resolution authorizing temporary street closures for
at h Yakima Farmers' Market.
SUBMITTED BY ' am Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: William Cook (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 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 operations were expanded to permit Thursday markets
and a special December market. In 2007, the Market operated under an extension to the 2003
0 Agreement while some changes in the Market hours and an expansion of market area were
considered.
The proposed 2008 — 2010 Concession License Agreement and the associated Resolutions
include the expansion of the market area. The changes were recommended by the Council
Economic Development Committee at their May 2 and July 6, 2007 meetings, and at their
March 5, 2008 meeting. Market Manager Don Eastridge has received approval from all area
businesses affected by the temporary street closures. The proposed changes and conditions
are listed on page 2 of this Agenda Statement.
Resolution X Ordinance - Other (Specify) Concession License Agreement
Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: � �`' y 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 and the License Agreement.
7
COUNCIL ACTION:
Page 2
Additions, changes and conditions to the License Agreement, continued from Page 1
• Extend the area of the regular market one -half block south on South Third Street
beyond Chestnut Avenue to just north of the U.S. Post Office driveway (located
between East Chestnut Avenue and East Walnut Street). However, South Third Street
will be signed "Street Closed Ahead — No Trucks" or "Restricted Turning Radius" at
East Walnut Street to allow access to the Post Office driveway.
• use of the grassy areas surrounding the Millennium Plaza, primarily on Thursdays to
allow the Market to operate without closing Third Street.
• any special dates and events will continue to be subject to the issuance of a temporary
street closure permit by the Yakima Police Department;
• any special events will be communicated and coordinated between the Market and area
businesses affected by the temporary street closures.
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, a non- profit corporation, to facilitate continued
operation of a farmers' market at certain times within the City of Yakima through 2010. It would
also authorize the temporary closure of certain . portions of South Third Street every Sunday
beginning May 11, 2008 through October 2008, and continuing every Sunday of May through
October in 2009 and 2010.
•
RESOLUTION NO. R -2008-
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 nine years
of operating a farmers' market in the Yakima downtown area; and
WHEREAS, said farmers' market creates a "festive, family- oriented, downtown,
community farmers' market" that takes advantage of Yakima's agricultural and tourism
economics; and
WHEREAS, the City has closed (by resolution) South Third Street between East
Yakima Avenue (to the north) and East Chestnut Avenue (to the south) to traffic
between the hours of 8:00 a.m. to 4:00 p.m. every Sunday from May or June 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
3:00 p.m. to 7:00 p.m. on Thursday each week in the months of August 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
r '
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 April, 2008.
ATTEST: David Edier, Mayor
City Clerk
•
2
•
RESOLUTION NO. R -2008-
A RESOLUTION authorizing temporary closure of portions of South Third Street
between East Yakima Avenue (to the north) and midblock (north of
the Post Office driveway) between East Chestnut Avenue and East
,Walnut Street (to the south) for the Yakima Farmers' Market.
WHEREAS, the Yakima Farmers' Market has successfully completed nine years
of operating a farmers' market in the Yakima downtown area; and
WHEREAS, the City has closed (by resolution) South Third Street between East
Yakima Avenue (to the north) 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 May or June through
October of each year since 1999 to permit operation of the farmers' market at said
location; and
WHEREAS, beginning May 11, 2008, for Sunday markets only, the market
wishes to extend the area of the market south on South Third Street beyond Chestnut
Avenue to an area just north of the United States Post Office driveway located mid -block
• between East Chestnut Avenue and East Walnut Street; and
WHEREAS, when the market utilizes the area of South Third Street from
Chestnut Avenue to the Post Office driveway, they will provide signage on South Third
Street at Walnut Street that states either "Street Closed Ahead — No Trucks" or
"Restricted Turning Radius;" and
WHEREAS, the market has received approval from all area businesses that will
be affected by the temporary street closures; and
WHEREAS, street closure permits for any special dates and events will be
subject to the issuance of a temporary street closure permit by the Yakima Police
Department; and
WHEREAS, any special dates and events will be communicated and coordinated
between the Yakima Farmers' Market and area businesses affected by the temporary
street closures; and
WHEREAS, the City Council deems the Yakima Farmers' Market to be a special
event for which temporary street closure is desirable, now, therefore,
BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The following street is hereby closed at the stated times and dates:
• South Third Street between East Yakima Avenue (to the north) and, mid -block
(north of the Post Office driveway) between East Chestnut Avenue and Walnut
Street (to the south);
• Every Sunday for 25 weeks beginning May 11, 2008 through October 26, 2008;
• 8:00 a.m. until 4:00 p.m.
ADOPTED BY THE CITY COUNCIL this 15th day of April, 2008.
ATTEST: David Edler, Mayor
City Clerk
2
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Yokfmo Form e1 Morket
3rd St. & Yakima Ave. in front of the Historic Capitol Theatre
www.yakimafarmersmarket.org
February 20, 2008
Business Owners:
The Yakima Farmers' Market and the City of Yakima are working on a new contract for the farmers
market in the down town area on Sundays. The market is in need of expanding this year being our 10`
Anniversary. The market has asked the city to expand in the area of your business.
The Yakima Farmers' Market operates on Sundays, May thru October each year. The hours of the
market is 9:00 am to 2:00 pm. It does take time to set up and clean up at the end of the day. This could
cause an interruption in the traffic in your area. The market does bring a lot of people to the down town
area each week. They could notice your business if they don't already know that it is there.
The city has asked the market to check with the business in the area that this would affect, to see if the
businesses in the area would care if the street is closed for a period of the market on Sundays.
If, as the owner of your business this would not interfere with your operation the market would
yes vote. If you think this would create a problem then give it a no vote. like a
Bus' . - ss name ame Please . r' • t Si n. Yes No
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Thanks for your time.
1 -2, ' 4 ji
Don Eastridge
g
Market manager/ YFM
4110
Phone (509) 457 -5765 PO Box 127 '' . P
� 4P Yakima, WA 98907 Fax (509) 469 -7087
M A R K E T
YFM Page 1 of 1
Regimbal, Tammy
From: Victor DeLong [delong@prediletto.net]
Sent: Tuesday, April 08, 2008 2:40 PM
To: Cook, Bill
Subject: YFM
Bill,
I've just spoken to Dale Carpenter, and the Mercy company is very pleased with the solution of leaving
Chestnut open to traffic and putting any overflow on the other side of Chestnut on S. 3rd Street.
Victor
II/
4/8/2008
CONCESSION LICENSE AGREEMENT BETWEEN
THE CITY OF YAIIMA
AND
YAKIMA FARMERS' MARKET
THIS CONCESSION LICENSE AGREEMENT (hereinafter "Agreement ") is made and entered
into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City "),
and the Yakima Farmers' Market, a Washington non - profit corporation (hereinafter "YFM").
WHEREAS, the Yakima Farmers' Market has successfully completed 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; 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 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 13,2003) and hold afternoon events from
3:00 p.m. to 7:00 p.m. on Thursday each week in the months of August and September; and
• WHEREAS, the street closure hours of 1:30 p.m. to 8:00 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 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 Yakima Ave (to the north) and half a block south of East Chestnut (to the
south) not blocking the access of the Post Office building on South Third Street, 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 fanners, specialty food processors, artisans, craft persons, and food prepares 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 Farmers'
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, 2010, 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.
. 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
. No music before 5:00 .m. in the evening g
. 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, 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. Establishment and Maintenance of Records. YFM shall maintain accounts and records,
including personnel, property, financial, and program records, and such other records as the City
may deem necessary, including a system of internal controls and accounting systems which
conform to generally accepted accounting principles and auditing standards. All such records and
documents shall be retained by YFM and be available for inspection, audit and copying by the
city during the term of this Agreement and for a period of three (3) years following the
termination of this Agreement.
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 as
a result of this Agreement. In the event the city is assessed a tax or assessment as a result
of this Agreement, YFM shall pay the same before it becomes due.
6.10 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 agrees to provide the
following services and/ or amenities at no cost to YFM:
A. Water Bill from the city, as this is water used by some of the vendors in food
preparation to the community.
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 non profit
distribution shall be allowed outside of a booth or the established, designated expression 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, 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 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. Severabilitv. 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
PO Box 127 6 South 2n Street RM 404
Yakima, WA 98907 Yakima, WA 98901
Or to such other addresses as the parties may hereafter designate in writing. Notices
and/ or Demands shall be sent by registered or certified mail, postage prepaid, or hand
delivered. Such notices shall be deemed effective 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 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 changes or addition be in writing and executed by
both parties.
CITY OF YAKIMA YAKIMA FARMERS' MARKET
By: By:
Dick Zais, City Manager Its:
Date: Date:
III ATTEST:
City Clerk
City Contract No.
0
Resolution No.
•
YAKIMA FARMERS' MARKET
DRAFT RULES, GUIDELINES AND POLICIES 2008
READ THESE REGULATIONS CAREFULLY BEFORE SIGNING YOUR
APPLICATION AND KEEP THIS COPY FOR YOUR RECORDS. FAILURE TO
OBSERVE THESE REGULATIONS MAY RESULT IN EXTRA CHARGES, OR
TERMINATION OF YOUR MARKET PERMIT TO SELL.
What is the Yakima Farmers' Market?
• The Yakima Farmers' Market is established 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.
The mailing address is:
Yakima Farmers' Market
PO Box 127
Yakima, WA, 98907
The office is located at:
A.E. Larson Building, LLC
Six South Second Street
Room 404
Yakima, WA. 98901
Phone (509) 457 -5765
Fax (509) 469 -7087
When does the Farmers' Market take place?
In 2008, the Yakima Farmers' Market will be open to the public on Sundays, 9:00 a.m. to
2:00 p.m. from May 1 lth through October 26, 2008.
The Market is located on South Third Street between Yakima Ave. and Chestnut Street.
(Special events may incur different hours of operation.)
Vendor parking will be provided at the Yakima Transit Center, which is located on the
corner of Fourth Street and Chestnut. Vendors who park their vehicles at the market
parking lot between Second Street and. Third Street, north of Chestnut, will be fined
$20.00 per incidence. Repeat Violators may lose their permit to sell. The market manager
designates the traffic pattern for vendors.
1
What is sold at the Farmers' Market?
Products sold are limited to: •
A. FRESH FARM PRODUCT
Farmers are persons or entities, which raise produce (vegetables, fruits, and
Nuts), herbs, flowers, or nursery crops from seed plants, and care for, nurture,
Cultivate, and harvest the crops offered for sell. Beekeepers, egg farmers, poultry
growers, and fish and/or shellfish growers are considered in this category.
All farmers must produce their crops within the State of Washington and/or
surrounding counties. All products must be grown or produced by the seller. ( Ask
manager for affiance program outline.) Farmer vendors who wish to sell products not
grown in the Pacific Northwest need to be established Market members and have
approval by the Market Manager prior to the market day. Any vendors bringing
products to sell other than those on their farm without manger's approval will lose
their permit to sell at the Market.
B. FISHERMEN
Fresh fish and/or shellfish vendors who sell products, which they have caught,
raised, bred or cultivated, have priority over vendors selling fish, which they did not
catch. 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.
C. PROCESSED FARM FOODS
Fresh food products that have added value to their product through processing (e.g.
preserves, jams, jellies, cider, syrups, salsas, smoked meats or fish, dried fruit, flours
and salad dressings.) Processed farm foods must be produced by the vendor from raw
ingredients. Vendors in this category are those who have cooked, canned, baked,
preserved, or otherwise treated the product they sell. Processors must meet all federal,
state, county, and local health requirements. All appropriate permits and licenses shall
be displayed at the vendor's stall.
D. BAKED GOODS AND GRAIN PRODUCTS
This category includes pastries, cookies, muffins, breads, pies 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 who 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.
2
• E. ARTISANS
Products of original art or craftwork, which the vendor produces. No employees shall
sell for the vendor. _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 beadwork.
F. CONCESSIONAIRES
Hot /cold foods and beverages sold which are prepared in a licensed kitchen and/or at
their market stall. The board shall determine what they sell and the conditions. 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.
G. 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 fundraising, and must be approved by the Market Manager
prior to market day. A non -profit group that is fundraising will pay a daily $10 flat
fee, based on space availability.
The Market Manager will give individual Consideration on products not covered
under the above listings.
YAKIMA FARMERS' MARKET
Seniority and Stall Assignments 2008.
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 approval. Seniority stall assignment and reserved
spacing will also be determined by the following:
a. Participation in the prior year's Yakima Farmers' Market.
b. Payment of annual vendor membership fee ($50.00)
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.
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YAKIMA FARMERS' MARKET 2008 Market Fees.
1) Returning vendors annual membership is $50.00 payable by March 31,2008
w /completed application and other forms required, $75.00 after March 31,2008
w /completed application and other forms required.
2) Reserved spacing is $75.00 per stall per year. The number of reserved stalls is
limited.
3) $25.00 flat fee per stall per Market day for growers/farmers /fishermen/guest pass.
4) $35.00 flat fee per stall per Market day for processors and artisans.
5) $60.00 flat fee per stall per Market day for concessionaires.
6) Additional stall fees for any vendor will be the regular stall fee and a fee of
$25.00 per each extra space used.
7) $10.00 flat fee per stall for non -profit groups who are fundraising approval and
space availability.
8) NO FEE for non -profit groups solely handing out information. Subject to
approval and space availability.
YAKIMA FARMERS' MARKET
Vendor rules 2008
ONLY WASHINGTON STATE FARMERS AND OTHER STATE PRODUCERS AS
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LISTED MAY SELL AT THE MARKET. A principal farmer /producer may send
family members, partners or employees to the Market in their stead, but are
responsible for having their on -site representatives aware of all Market rules and
policies.
Yakima Farmers' Market HOURS OF OPERATION: 9:00 a.m. -2:00 p.m. No vendors
will be allowed on site before 6:30 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 before
the Market opens and be ready to begin selling when the Market opens. Vendors who
arrive less than 30 minutes before the Market opens will have to unload from the
parking lot. Violators will be fined $20.00. 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 is given by the Market Manager indicating that the Market is
officially opened. Repeated violation of this policy will result in the termination of vendor's
permit to sell. Vendors are required to stay until closing time. Vendors who sell out early will
leave the canapes and tables up and post a sign letting customers know they have sold -out
and will not leave their vehicles and possessions unattended. This will result in a $20.00 fine.
Vendors will be loaded up and must vacate site no later than one hour after the Market
has closed.
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SIGNAGE: All vendors will post a sign identifying him/herself or the name of the farm
or business represented and where it is located. Signs should be no smaller than 24" wide
by 8" high. Vendors will have their signs displayed before the market sales begin.
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 blackboard.
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.
CANCELLATION POLICY: Two day notice of cancellation is required by a phone call to
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 an emergency and or illness.
VENDOR VEHICLES AND LOADING/UNLOADING: Vendor vehicles must not extend
beyond allotted booth space. The market stall spaces have been designed with on -site vendor
vehicles in mind. If you have a second vehicle, please have it off Market site no later than
8:30 a.m. and parked in the vendor parking area at the Transit Center on 4 Street and
Chestnut. Failure to due so will result in a $20.00 fine. No vendor vehicles will enter or leave
• the market site before 2 :15 p.m., this is for the public safety.
VENDOR VEHICLES: If your vehicle leaks, (oil, water or any other liquids) you will have
to place a drip pan or cardboard in the leak areas. We have complaints from the City of
Yakima about the sidewalks.
BOOTH SET UP: Vendors are responsible for sitting up their booths in the assigned space
as directed by the Market Manager. Vendors must place proper weights on each leg
(minimum 24 Ibs per leg). Weights cannot cause a trip hazard. For more information go to
www. yakimafarmersmarket .Org/goodweightsbadweights or check with the market manager.
No legal weights will result in a $20.00 fine.
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 trashcans are
not available for vendor use. Vendors should brine their own brooms and dust pans.
Vendors whose products generate waste (e.g. ready to eat) must have garbage cans for
the public to use. 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*
•
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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. Hawking in the market area is
not allowed. Sampling must be done within vendor' assigned stall area and in accordance
with Yakima Health District Codes.
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: Board Members will provide suggested minimum pricing every Sunday. The
Market utilizes local shipping point pricing in determining prices for participating farm
vendors.
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. An approved hand washing facility must be available at the
vendor's stall when sampling. Call the Yakima Health District for guidelines at 575 -4040.
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.
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.
MARKET CLEAN UP: Vendors will be ask to help with the market clean up of the trash
cans on a 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 there booth
and return to the market trailer before leaving for the day.
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.
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III 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.
MARKET MANAGER: The market manager's job (and Assistant Manager's) is to
implement 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 Yakima Farmers' Market reserves the right to prohibit anyone from selling or from any
product being sold.
The Yakima Farmer's Market has the right to inspect or visit any farms or establishments
used by vendors. Farm visits will be conducted with at least 24 -hour notice. Vendors should
0 provide help during visit in identifying the crops listed on the application for permit to sell.
The Yakima Farmers' Market is not responsible for loss of property or damage to property.
There will be no discrimination according to race, color, creed, sex, religion, sexual
orientation, age, or nationality.
LICENSES, 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.
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
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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
TERMINATION 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 Ideal community need.
•
Signed.;',
'Pete Pescad'or, President
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