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Terms And Policies Of The 2008 Contract
For Vending In The Lafayette Farmers’ Market
In consideration of the opportunity to lease stall space(s) and vend in 2008 in the Lafayette Farmers’ Market (hereafter referred to as “Market”), the Lafayette-West Lafayette Development Corporation (hereafter referred to as “LWLDC”), agent of the City of Lafayette, Indiana (hereafter referred to as the “City”), and the Vendor (hereafter referred to as “Vendor”) by signing the Contract attached, agree to the following terms and policies:
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1. Administration & Times of Operation
The Market shall be administered by the LWLDC as an agent of the City of Lafayette, Indiana. The LWLDC, with advice from the City and elected representatives of the Market Vendors, shall determine all Market policies and set all fees. The LWLDC shall hire and supervise an on-site Market Master, who will oversee the daily Market operations and collect all daily fees, assign all daily vending spaces, and disqualify Vendors for violations of terms and/or policies set forth in this contract. All Vendor concerns or questions regarding operation of the Market are to be directed to the Market Master or Vendors’ Representative. The Market will operate each Tuesday, Thursday, and Saturday from May 1, 2008 through October 31, 2008. The times of operation of the Market will be as follows:
Tuesdays – 7:30 a.m. to 12:30 p.m.
Thursdays – 4:00 p.m. to 7: 00 p.m.
Saturdays – 7:30 a.m. to 12:30 p.m.
The LWLDC and/or the City reserve(s) the right to terminate the Market or change its time and/or location and/or other policies as may be deemed necessary. The Market will close at 12:00 noon on August 23 for set up of the Uptown Jazz and Blues Festival. Vendors are asked to vacate the Market by 12:30 pm that day.
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2. Eligible Vendors
Vendors in the Market selling food products and plant materials produced primarily by themselves shall be accepted under one or more of six categories and must display their category(s) at the Market. All goods offered for sale, including those not produced by the Vendor, must be legibly labeled as such with its place of origin clearly marked with the price. (The last sentence does not apply to Concessions.) The LWLDC will provide these signs for Vendors. The categories are as follows:
| A. |
Home Grown/Processed Farm Fresh by the Vendor – Vendors of fresh and unpackaged, home grown vegetables, fruit, nuts, cut flowers, potted plants and herbs (annuals and perennials), and dried flowers; along with fresh, home grown food products, minimally processed and packaged in new containers by the Vendor such as honey, other syrups, jellies, jams, preserves, baked goods, persimmon pulp, dried spices and herbs, flour, cornmeal, unpopped popcorn, seeds, home canned produce, cider and other pressed juices, dairy products, and vinegars. |
| B. |
Home Grown/Processed Farm Fresh Organic by the Vendor - Vendors who offer for sale any of the above described (A) produce as organically grown on their own farm. All the products sold are organically grown. Vendors must be listed as an “organic farmer” with the appropriate state department in Indiana or the state of his/her residence prior to claiming this category. |
| C. |
Other Indiana Farm Produce or Products – Vendors who offer any of the above described (A) produce or products for sale or those obtained for resale from other farms or commercial businesses within Indiana, such as local commercially made bakery or similar items. |
| D. |
Other Farm Produce or Products from Outside Indiana – Vendors who offer any of the above described (A) produce or products for sale or obtained for resale from outside of Indiana. |
| E. |
Concessions – Vendors who prepare food and/or beverages on-site for sale and immediate consumption at the Market. |
| F. |
Arts/Crafts/Misc. – Vendors who offer handmade or other products which have been juried by the LWLDC will be permitted in the Lafayette Farmers’ Market if space is available. Vendors who have a storefront business will also be permitted to vend if approved by the LWLDC. |
Vendors must permit periodic on-site inspections of his/her farm/business location by LWLDC personnel and/or the Market Master, Vendors’ Representative, or agents to verify the designated category.
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3. Vendor Requirements
Vendors may have access to their space(s) beginning at 6:00 am on Tuesdays and Saturdays and beginning at 3:00 p.m. on Thursdays. They must vacate the premises by 1:00 pm on Tuesdays, 7:30 p.m. on Thursdays, and 1:00 p.m. on Saturdays. These times must be adhered to. If you are not in your assigned space(s) by 7:00 am on Saturdays, you must park off-site and carry your items to your assigned space(s). For safety reasons, on Saturdays, early take-down and departure before closing time will not be allowed. Exceptions may be made in case of emergency. See the Market Master.
Each Vendor must have a Contract on file with the LWLDC and have fees paid up to date. Vendors are required to set up their display each day they offer goods for sale at the Market. They are to be present and selling at their space(s) during the time their goods are offered for sale. Vendors may not share their stall space with others without the expressed written consent of the LWLDC. However, they may assign persons to assist them. The Vendor signing this Contract takes full responsibility for his or her Market space(s), including the sales that occur there and the actions of his or her assistants.
The Tippecanoe County Department of Health is requiring each Vendor selling potentially hazardous food to be a certified food handler. If applicable, this permit must be obtained and in good standing prior to the start of the season. The cost of said permit will be the responsibility of the Vendor. Kitchens will be inspected and Vendors will also be inspected at the Market. Unreserved Vendors selling on a daily basis that fall into this category will also need a permit before selling at the Market.
Vendors cooking on-site must keep a fire extinguisher visible and accessible at all times.
Vendors are required to have adequate insurance to operate such vehicles as are needed to vend at the Market and adequate insurance to do business in the State of Indiana and, upon request, to furnish the LWLDC with proof of such insurance.
The Vendor must display legibly marked prices for all goods offered for sale. Laminated signage is available through the Market Master. All goods offered for sale that are not produced by the Vendor must be legibly labeled as such with its place of origin clearly marked with the price. (The last sentence does not apply to Concessions.) The Market Master may ask Vendors, not providing adequate labeling, to vacate the premises.
All Vendors must dress appropriately and shoes and shirts are required.
There will be NO smoking by Vendors in any stall spaces or the Farmers’ Market area.
No animals are allowed in the Market vending area.
Vendors need to keep a watchful eye on their children at all times during the Market day. Children should not be allowed to wander the Market area without a parent or guardian with them. LWLDC and the Market Master assume no responsibility for the safety or whereabouts of the participants or their children.
The LWLDC, as agent for the City, will invite Vendors to participate in the Market. All goods offered for sale must be in sound condition. All edible goods must be safe for human consumption. The Vendor is solely responsible for any damages resulting from the sale of unsound or unsafe goods. The Market Master is authorized to require a Vendor to immediately remove any low quality merchandise from the Market, and/or to vacate the Market, and/or remove a Vendor permanently if, for any reason, that Vendor is not making a significant contribution to the Market. LWLDC has the sole discretion to determine who may participate and sell at the Market.
Women, Infants and Children Nutrition Program (WIC) regulations must be observed by all Vendors registered with the WIC Program. Vendors shall provide proof of WIC registration to the LWLDC. WIC will be on-site during Market days and will rotate where they set up throughout the Market area.
Vendors are required to maintain their space(s) in a clean, safe, and sanitary manner, including protecting the pavement from oil or fuel drips from any part of the Vendor’s vehicle. This includes hauling away any trash or garbage that is generated in or around the booth and sweeping up any product debris left on the ground. Vendors are not permitted to dispose of produce waste, overripe or leftover produce or boxes in any on-site or off-site garbage cans or dumpsters surrounding the Market site. If Vendor is using cups, etc. for sampling purposes, they must supply their booth with a small trash can or attach a small garbage bag to their booth for their customers. Vendors should bring their own brooms and dust pans.
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4. Vendor Registration
Frequent seller Vendors, those who plan to vend one to three times per week throughout all or most of the Market season must deliver a signed Contract to the LWLDC and pay the prescribed fees before March 1, 2008 or as otherwise noted (see fee payments in #6). This Contract is valid for the Market season in the year 2008. Vendors with more frequent usage will be assigned priority spaces. Venders with less frequent usage will be assigned available spaces upon arrival to the Market.
A Vendor desiring to vend periodically (25 times or fewer) must deliver a signed Contract to the LWLDC at least one week (seven days) before the first day he or she plans to vend in the Market. No Vendor will be allowed to vend on a given day unless the contract has been submitted to the LWLDC at least seven days previous to the day of vending and the Market Master has been notified by the LWLDC. These Vendors will be assigned one Market space on each day they vend by the Market Master. The Vendor will pay the Market Master the daily fee for the space(s) used that day.
Any Vendor selling produce purchased elsewhere must hold all appropriate licenses as required by the City, County and/or State. Any Vendor selling processed foods/ beverages is responsible for compliance with all City, County and/or State regulations regarding the processing and/or sale of such goods.
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5. Assignment & Limits of Spaces
Seasonal vending spaces will be allocated in advance of the opening of the Market by the LWLDC according to the procedure outlined in No. 4. Daily spaces will be assigned by the Market Master. Spaces during the week will also be assigned by the Market Master. Any spaces not occupied within half hour of Market opening may be made available to daily Vendors for that day at the discretion of the Market Master. No portion of the prepaid fee of the assigned Vendor who was not present will be refunded. If, for reasons beyond the control of the LWLDC, the City, and/or the Market Master, one or more assigned spaces become unavailable, the Market Master, LWLDC and/or City will make every attempt to reassign the Vendor(s) to another market space.
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6. Rental Fees
All 2008 fees are non-refundable and are assessed on a schedule listed below.
Each Vendor/Concessions category shall pay the following fees:
Initial Space
Additional Space
All Season – Tues., Thurs., and/or Sat.
$290
$290
Daily Fee – Tues. & Thurs.
$10/day
$10
Daily Fee – Saturday
$25/day
$20
Not-for-Profit organizations may make special arrangements for fundraising activities with the LWLDC at any time during the Market season.
Payment for the season may be made by check to the LWLDC, in full by March 1, 2008 or one-half (1/2) by March 1, 2008, with the final payment due by May 1, 2008.
If you want to vend for a partial season, you must pay the daily rate.
Payments for Daily Fees will be made on the day of use to the Market Master. Payments are be made by check to the LWLDC.
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7. Equipment & Supplies
During the week, each Vendor may supply a stand, counter or tables not to exceed the width of his or her stall space(s) and these, including products, tents, and displays, are allowed only up to the brick line adjacent to the sidewalk. The back or tailgate of a truck or wagon may be used in addition or in place of the above but must be placed in the street next to the curb. This will be enforced and failure to comply may result in the Vendor being barred from participating in the Market. The sidewalk must be kept clear for pedestrian use. Space must be available from the street to reach the sidewalk in each stall space so as not to encroach into an adjoining stall space. Umbrellas or other weather protective devices may be supplied by the Vendor, who is solely responsible for damages or personal injuries resulting from the use thereof. Produce and products are to be marketed from the street side of the sidewalk only. Produce and products marketed from stalls are to be marketed, shown, or placed next to or on its presenting vehicle, counter, table(s), or the street, as directed by the Market Master. Food items must be at least 6” off the ground. Every Vendor who shall offer for sale at the Market any article by weight or measure shall have appropriate scales, weights, and measures properly examined, tested, stamped, and sealed.
On Saturdays, Vendors will be selling from the street as prescribed by the Market Master.
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8. Vendor Parking
On weekdays, all cars, trucks, pickups, vans, wagons, and/or other vehicles in which goods are transported to the Market for sale shall be parked in the assigned stalls with their rear end toward the sidewalk on the west or east sides of 5th Street between Main and Columbia Streets as noted in No. 7, unless directed differently by the Market Master. The rear wheels need to be securely blocked. Vendors with stalls located in the center of 5th Street are to park and secure their vehicles in accordance to directions of the Market Master. Vehicles which are too long for proper parking in the assigned stalls must be unloaded and parked in the City Garage at the owner’s expense. (Parking in the City Garage on Saturday is free. The spaces marked reserved are available to Vendors and customers on Saturdays.)
On Saturdays, depending on your assigned space(s), you will be instructed by the Market Master how to park.
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9. Market Master
The Market Master’s job is to implement Market policies. This includes overseeing Market set-up, booth assignments, collection of fees, providing information on Market policies, and assuring Vendor compliance with all Market policies. The Market Master will make booth assignment decisions based on available space in the Market. The Market Master has complete authority to interpret and implement policy on the Market site, including the authority to rescind booth space for just cause. Vendor grievances are to be taken directly to the Market Master who will contact the LWLDC or they can be submitted in writing to the LWLDC, P.O. Box 348, Lafayette, IN 47902.
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10. Breach of Contract
A violation of any provision of this Contract, at any time, shall constitute a Breach of Contract and a default by the Vendor. The Market Master has full and complete authority to request that the breach be corrected immediately. If the breach is not corrected immediately, the Market Master shall notify the LWLDC in writing. The LWLDC will take appropriate action, up to and including barring the Vendor from further participation in the Market. If the latter action is taken by the LWLDC, there will be no refund of any payment already paid by the Vendor to the LWLDC for vending privileges. If a Vendor is asked to leave by the LWLDC for reason of a Breach of Contract, that Vendor will not be allowed to return for the rest of the 2007 Market season. However, the Market Master may IMMEDIATELY TERMINATE a Vendor’s Contract if it is determined that a product or products labeled or sold as enumerated in Section Two (2) of this Contract is deemed to be not in compliance with these requirements or any other in this Contract.
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11. Indemnification
The Vendor may not instigate any action or suit of law or in equity against the LWLDC, the LWLDC Board of Directors, any LWLDC employee or agents; the City of Lafayette, the City’s employee’s or agents; Coldwell Banker/The Shook Agency, Bistro 501, The Historic Lahr Apartments, the Knickerbocker; or any adjacent property owner. A Vendor will not aid in the institution or prosecution of any claim for damages, costs, loss of services, expenses, or compensation for or on account of any damages, loss, or injury to person(s) or property as a result of operation under this Contract. This Section 11 shall survive any termination of the Contract.
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12. Indemnification
The Vendor agrees to fully indemnify and hold the LWLDC, the LWLDC Board of Directors, any LWLDC employee or agents; the City of Lafayette, the City’s employee’s or agents; all adjacent businesses, property owners and tenants, including, but not limited to, Coldwell Banker/The Shook Agency, Bistro 501, The Historic Lahr Apartments, the Knickerbocker; harmless from any and all liability, loss, or damage(s) which may be incurred as a result of any and all claims, demands, costs, judgments or expenses, including attorney fees, arising from the Vendor’s participation in the Market. This Section 12 shall survive any termination of the Contract.
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13. Events & Promotions
From time to time, during the operation of the Farmers’ Market, the LWLDC will conduct promotions and events to attract additional customers to the Market and to add to the atmosphere of the Market. The LWLDC may from time to time hold other events and promotions downtown that may require changes to this Contract. All Vendors will be notified in advance and agree to cooperate with the LWLDC and/or it’s designees in conducting such events and promotions.
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