Vendor_Participation_Agreement.docx

SANTA MONICA FARMERS MARKET

PREPARED & PREPACKAGED FOOD

SALES PERMIT / VENDOR PARTICIPATION AGREEMENT

Permit Number:

Permit Issue Date:

This permit for the sale of prepared or prepackaged food at the Santa Monica Farmers Market is on the terms and conditions set forth herein:

1. Vendor/Permittee Information.

Business Name:

Authorized Representative:

Address:

Email Address:

Phone:

2. Authorized Market Information. Permittee is authorized to operate a booth for the market and space identified below. The location and size of the booth may be changed from time to time at the City's sole and complete discretion.

3. Approved Menu Items. Permittee shall sell only the approved menu items identified below in the Permit. Permittee must provide sufficient quantities of the approved menu items to offer ample selection for customers for the duration of the Minimum Hours of Operation, as defined below. Products may be added or deleted by written request during the annual open enrollment period or as warranted due to special circumstances.

4. Permit Term. The term of this Permit shall be for a period of 1 year (7/1/2024 -6/30/2025) commencing on the Date of Permit and shall terminate automatically, unless terminated earlier by the City under subsections 4(i) or 4(ii) below:

i. Probation Period. In order to ensure quality products and service, each vendor shall be subject to a three (3) month probationary period commencing from the Date of Permit. During this probationary period, any vendor receiving any Schedule A violation listed in Chapter 7 of the Santa Monica Farmers' Market Rules and Regulations or any combination of four (4) Schedule B or Schedule C violations may be subject to immediate revocation of this Permit and dismissal from the market.

ii. Termination for Cause. After the successful completion of the three (3) month probationary period, the City may, at its sole discretion, suspend the permit, issue warnings and fines, or terminate this permit for cause pursuant to the Santa Monica Farmers' Market Rules and Regulations.

iii. Permit may be extended four (4) additional one (1) year terms at the City’s sole discretion.

5. Hours of Operation. Except as otherwise provided herein, the Permittee shall operate concurrently with the Farmers Market hours.

i. Minimum Dates of Operation. Permittee shall operate every day the authorized selling location is open.

ii. Minimum Hours of Operation. For each of the Minimum Dates of Operation, Permittee shall operate during the following market hours:

iii. Absences. Permittee must notify the Market Manager of scheduled absences one week prior to the date of absence, absent exigent circumstances. In the event of an exigent circumstance such as a truck breakdown en route to market or force majeure, Permittee must contact Santa Monica Farmers Market Manager within 48 hours after market day to confirm a selling space for the following week. Permittee may have up to three (3) excused absences per year for any reason, including, but not limited to, adverse weather conditions, vacations, illness, vehicular problems, and staffing.

6. FARMERS MARKET RULES AND REGULATIONS. Permittee has reviewed the Santa Monica Farmers Market Rules and Regulations ("Rules") attached hereto as Exhibit A and incorporated herein by reference. Permittee shall comply with all of the Rules, which may be amended from time to time by the City of Santa Monica. In addition, Permittee shall comply with all applicable federal, state, county or municipal law, statute, ordinance and regulations.

7. RATES AND FEES. Permittee shall pay 12% of gross revenues to the City, plus a $2 CDFA legislative fee per market attended.

8. INSURANCE AND HOLD HARMLESS.

i. Insurance. Prior to the issuance of this Permit, the vendor shall procure and maintain for the duration of this permit, and at vendor's own cost and expense, the insurance set forth in Exhibit B.

ii. Indemnification. Permittee shall indemnify, defend and hold harmless City of Santa Monica, its City Council, boards and commissions, officers, agents, employees and volunteers from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys’ fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the acts, errors or omissions or willful misconduct of Permittee, its agents and employees, in connection with Permittee's participation in the Santa Monica Farmers' Market, excepting only events caused by the City's sole and active negligence or willful misconduct.

9. ADDITIONAL PERMITS REQUIRED.

· Department of Public Health - Community Event / Seasonal Event Temporary Food Facility Permit

· Public Health Operating Permit (where food/equipment is processed, packaged, stored and, cleaned)

· Board of Equalization Permit (if sales tax is applicable)

· City of Santa Monica Business License

10. LABELING AND SIGNAGE

· Approved Source Labeling (on all closed containers – name & address of producer/manufacturer, ingredients, and weight or quantity)

· Sign showing name of business

· Prices must be posted at point of sale

Execution in Counterparts. This Agreement, and all amendments and supplements to it, may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single document. Any signature to this Agreement transmitted electronically through DocuSign, PDF, or other electronic form shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

VENDOR/PERMITTEE:

I have read, understand, and agree to the terms and conditions of participation in the Santa Monica Farmers Market.

Name of Permittee

Title

Signature

Date

CITY OF SANTA MONICA:

Name

Name

Title

Title

Signature

Signature

Date

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