Vendors: Please Read This Entire Contract and Retain for Reference

EAGLE SATURDAY MARKET

VENDOR CONTRACT 2018

VENDORS: PLEASE READ THIS ENTIRE CONTRACT AND RETAIN FOR REFERENCE

In consideration of the right to participate in the Eagle Saturday Market (hereinafter “Market”), the City of Eagle (hereinafter “City”), and the undersigned Vendor(s) (hereinafter “Vendor”) agree to the terms and conditions as set forth in this Agreement,which includes the attached Market Rulebook,Market Information, the Application, and the City of Eagle, Idaho, Saturday Market Vendor Waiver of Liability and Release, all of which are incorporated herein by reference and made a part of this Contract as if fully set forth herein.

Market Location and Hours

The Market is located at Heritage Park and 2nd Street, at the corner of 2nd Street and Old State Street in downtown Eagle, and will generally be open every Saturday beginning May 5, 2018 and tentatively ending October 13, 2018. Hours are from 9:30 am to 2:00 pm.

Mission Statement

To provide and create an exceptional market that reflects the identity of the community through a balanced selection of excellent vendors which included arts, food and produce.

Values:

1. Strive to provide quality in all that we do
2. Embrace participants input
3. Strive be to be a leader in the market industries
4. Improve livability and quality of life
5. Provide exceptional and unmatched customer service to our vendors and market participants

Market Policies

These Market Policies shall apply to the Eagle Saturday Market and its Vendors during the Market Season. The Parks, Pathways & Recreation Department, referred to herein as the “Department,” is responsible for administering the Market. Staff of the Department is referred to as “Department Staff” and the director of the Department is referred to herein as the “Director.”

1.The Market is a cultural arts and rural heritage promotional program under the direction of the City through the Director and Department Staff, as agents of the City. The City sets fees and determines market policy, which is subject to change from time to time at the discretion of the City. Department Staff has the authority to assign vending space, settle disputes, and disqualify Vendors for violations of Market regulations.Department Staff has ultimate on-site authority and shall enforce all rules of the Market. The City reserves the right to cancel the privileges of any Vendor who, upon the completion of the appeal procedure to theDirector, has violated the rules governing the Market.

2.Vendor is a person, immediate family member as defined herein, or employeeof Vendor who regularly and directly works in all stages of the cultivation, production, and/or harvest of permitted goods sold pursuant to this Contractand is a party to this Contract. “Immediate family member” is defined in this Contractto be a parent, child, spouse, or domestic partner of a producer. Individuals who are named as Vendors in this Contractmay sell at the Market. A Vendor may sell only goods produced by him/her, his/her immediate family, as defined herein, or his/her employer.

• PRODUCE EXCEPTION: Based off the Idaho Preferred seasonal list of fruits and vegetables, fruits and vegetables may be brought in from out of the area only if not in season or not available locally in Idaho. Produce vendors must produce eighty percent (80%) of their fruits and vegetables;twenty percent (20%) of the produce sold by a Vendor can be for resale.

3.It is the intent of the Market to have approximately fifty percent (50%) of the Vendors be artists such as photographers, painters, woodworkers, etc., while the remainingfifty percent (50%) be foodVendors, such as produce, baked goods, dairy products, prepared food, etc.; provided, the City may change these percentages at any time without prior notice and exactly equal percentages are not guaranteed.

4. The following categories of items are permitted for sale: arts and crafts (including but not limited to: baskets, candles, ceramics, home décor, jewelry, painting, photography, sculpture and wood works); farm and garden (including but not limited to: plants, flowers, fruit, herbs, vegetables, nuts, meats, and honey); and food booths (including food, baked goods and beverages). All arts/crafts must be produced, manufactured, and assembled by the Vendor. Whether the arts/crafts Vendor meets this criteria is at the sole discretion of Department Staff with the right of appeal to the Director, as provided herein. The City reserves the right to verify that all goods are produced in Idaho by the Vendor.

5.All items intended for human consumption must be kept off the ground at all times and be in a safe and sound condition. The Vendor is solely responsible for damages resulting from the sale of unsafe or unsound goods. Unless otherwise specified, no potentially hazardous foods (such as sprouts and pokeweed) are permitted for sale.

6.The Vendor must have signed this Contractor be named in this Contractand have authorized another person to sign on his (her) behalf and have paid all applicable rental fees before selling any goods. The space fee is $15 per week and is due and payable before each Market day. Checks should be made payable to the City of Eagle and include the date of market participation. Payment must be made by Wednesday before the desired Saturday of attendance (i.e., 3 days prior). Payment options are as follows:

a)Pay the Parks, Pathways and Recreation Staff at the Market one (1) week in advance to keep a reserved space.

b)Pay during the week at Eagle City Hall, located at 660 E. Civic Lane, next to the Eagle Public Library, to hold an available space for future Market dates.

c)Pay online through the City of Eagle payment portal: Go to online payments and click on Saturday Market Booth fee. There is a third party service fee of $1.90 for a $15 payment. The online portal will only accept $15 payment increments. Vendormust enter the date or dates he/sheplans on participating.

d)Vendors paying weekly at the Market for the following week are responsiblefor paying Department Staff for the desired date(s) and space.

7.Refund Policy. Except as provided for herein, there are no refunds of Market fees. Absenteeism without notification will result in Vendor forfeiting assigned space and paid fees.

a)Vendors who notify Department Staff no later than noon the Thursday before a Market date for which payment has been made may request the fee be applied to the next date Vendor attends the Market or may request a refund of the fee. All refunds must be requested before the end of the City’s fiscal year that runs from October 1st-September 30th. Any refunds requested after the fiscal year will not be processed.

b)Vendorswho are a “no show” will not be entitled to a refund. Vendors who “no show” three (3) times will not be allowed to participate in futureMarkets.

8.The allocation of Market space is determined by Department Staff. Vendor preferences will be considered, but not guaranteed. The Market provides 10 feet by 10 feet spaces, and all products must be kept within this space with theexception of one foot (1’) in front of tent for displayed signs. Sidewalks behind Vendor booths must be kept clear. The city will not supply tables, straight-legged canopiesor otherdisplay items. Vendors must supply their own display items, including umbrellas, straight-leggedcanopies, tents or other weather protection devices, all of which must be anchored at each ground contact point to keep them from moving;Vendors are solely responsible for damages or personal injury resulting from the use thereof.

9.Sales tax is the responsibility of each Vendor, and IDAHO STATE TAX COMMISSION SELLER’S PERMIT shall be visible. Food Vendors are responsible for meeting all health requirements and obtaining the permits, licenses, and liability insurance applicable to their products. Permits shall be visibly posted during Market. Vendors who sell any type of food item for human consumption (including fresh, whole fruits or vegetables) need to fill out the APPLICATION FOR A TEMPORARY FOOD ESTABLISHMENT with Central District Health. The application can be obtained at or by calling 327-7499 or at 707. N. Armstrong Place, Boise, ID 83704. Additional permits are necessary if selling any type of prepared food or drink. For more information or questions, contact Central District Health at (208) 327-8526 or (208) 869-9335 (cell). Vendors selling fresh cut flowers or live plants may need a Nursery License and must contact the Idaho State Department of Agriculture at (208) 332-8621.

10.A Vendor may appeal a decision of the Department Staff regarding violations of Market rules or material breach as described in paragraph 11(b) herein to the Director. Any appeal of the Department Staff’s decision must be made in writing on the form provided by the City within ten (10) calendar days or its occurrence or such appeal is waived. A Vendor may appeal a decision of the Director to theMayor, using the same form and same procedure as appeals to the Director set forth herein.

11.The City’s remedies for breach of this Contractare as follows:

a)Upon notice by the City to the Vendor of the occurrence of a breach or default during Market hours, and the Vendor’s failure to correct the breach within a reasonable time, the Vendor agrees to remove personal equipment, clean the area, and vacate the Market premises. Failure to vacate may subject the Vendor to civil and criminal remedies, including, but not limited to, remedies for civil and criminal trespass.

b)If the City has reason to believe that a Vendor did not produce the goods he is selling at Market, the City reserves the right to conduct an unannounced inspection at the Vendor’s property. The undersigned Vendor hereby authorizes the City to conduct such an inspection. If the City determines, after inspection, that there is a reasonable likelihood that the Vendor did not produce the goods he offered for sale at the Market, the Department Staff may, in its sole discretion, declare a material breach.

c)Upon occurrence of a material breach of this Contract, the City reserves the right to declare this Contractterminated, by so stating in a written notice to the Vendor, and to retain, as liquidated damages and not as a penalty, any rental fees prepaid by the Vendor. The City may also, in its sole discretion, determine that it will not contract with some or all of the individuals listed as Vendors to sell at the Market in future seasons.

d)The Vendor hereby agrees to indemnify, hold harmless, release, waive, and forever discharge the City of Eagle, Idaho, its employees, agents, and officers, and the members of the City, for all bodily and personal injuries, including injuries resulting in death, and property damage, claims actions, damages, liabilities, and expenses, including, reasonable attorneys’ fees and court costs, which may occur as a result of Vendor’s participation in the Market, whether or not sounding in tort or contract, and whether or not caused by a negligent act or omission of the City of Eagle, its employees, agents, or officers.

For additional information, contact the Parks, Pathways & Recreation Department at (208)489-8763 or email .

By signing below, I declare that I have read the Eagle Saturday Market contract in its entirety and agree to abide by its terms and conditions.

SIGNED: DATE:

Vendor Signature

Please sign attached City of Eagle, Idaho, Saturday Market Vendor Waiver of Liability and Release. This form must accompany your application.

Department Staffwill not approve any Vendor Contract without a signed waiver-of-liability form.

This form must be filled out and submitted with any vendor application.

This form consists of two pages.

* * * Please read this entire document very carefully! * * *

Application Date:

Date(s) of Use:

Name:

Booth Information:

Address:

Telephone:

Is Vendor a Minor? (Circle One)YesNo

If Vendor is a Minor, Legal Guardian or Custodial Parent Must Execute this Form

Waiver of Liability and Release Agreement

In consideration of the license to operate a booth at the Eagle Saturday Market (hereinafter “Saturday Market”), the undersigned agrees to the following:

1. The undersigned hereby covenants not to sue and releases, waives, and discharges the City of Eagle, the Department Staff(s), its elected officials, appointed officials, its employees, volunteers, officers and agents (hereinafter “City”), from all liability to the undersigned, his or her personal representative(s), assigns, heirs, and next of kin for any loss, damage, or claim on account of injury to the person or property of the undersigned, whether caused by any negligent act or omission of the City or otherwise while the undersigned is operating a booth at Saturday Market.
2. The undersigned hereby agrees to indemnify and hold harmless the City from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees resulting from participation in Saturday Market whether caused by any negligent act or omission of the City or otherwise.
3. The undersigned hereby assumes all full responsibility for and risk of bodily injury, death, or property damage while on City property or participating in the activity or using any City facilities and equipment whether caused by any negligent act or omission of releases or otherwise. The undersigned expressly agrees that the foregoing release and waiver, indemnity agreement and assumption of risk are intended to be as broad and inclusive as permitted by Idaho law. I acknowledge that I have read the foregoing and that I am aware of the legal consequences of this agreement, including that it prevents me from suing the City or its employees, agents, or officers if I am injured or damaged for any reason as a result of participation in Saturday Market, and/or use of any City facilities or participation in any other activity thereon. If the vendor is a minor, his or her custodial parent or legal guardian must read and execute this agreement. Said parent or legal custodian acknowledges and understands that he or she is solely responsible for minor vendor while participating in Saturday Market.

If Vendor is not a minor:

VENDOR NAME:

VENDOR SIGNATURE:

DATE:

If Vendor is a minor:

PARENT/GUARDIAN NAME:

PARENT/GUARDIAN SIGNATURE:

DATE:

MINOR PARTICIPANT’S NAME: