I, [swift_name size=”medium”], and Dundee Farmers Market agree to the following:
To serve the Dundee Community by operating a viable market for locally grown agricultural products which provide a wide variety of fresh, healthy produce and plants for all citizens and to enable local growers to increase their income by selling directly to the consumers.
The Market shall be open starting in June through October. Saturdays from 10 am-2 pm.
The DFM shall employ or select a Market Manager, whose duty it shall be to assign market stalls, inspect displays, supervise selling practices, collect fees, handle complaints, approve music, enforce rules, approve new vendors and perform whatever duties are necessary to ensure the proper day to day operations of the Market. All enforcement or rules is handled by the Market Manager first, and if someone is not satisfied with the result, can ask that it be taken to the Market Committee for further consideration. The Market Manager cannot change the market contract or rules or set new policy without the approval of the Market Committee.
Dundee Farmers Market Committee makeup and responsibilities: The Market Committee will be made up of the Market Manager, two DDA members, two market vendors, and two regular or semi-regular DFM customers. There will be a committee chair and a secretary. Any other vendors are welcome to attend but will not have a vote.
• The use of the Market is restricted to bona-fide growers, raisers, or producers of produce, flowers/plants, and related food items grown and produced by the vendor, except as exempted by other provisions in these rules and regulations. In addition to vegetables and fruits, items may include baked goods, jellies, jams, honey, eggs, cheeses and/or other products approved by the Market Manager or Committee. Other specialty products made but not grown by the vendor are also allowed, however, not to exceed 20% of booth space and only as an adjunct to grown or produced items, and at the approval of the Market Board.
• All items that fall under the jurisdiction of the USDA (beef, lamb), the Michigan Dept. of Agriculture (eggs, chicken, commercial baked goods, honey and more), or the Monroe County Health Dept. (prepared foods), are subject to their rules and approval. Home prepared goods that fall under the Michigan Cottage Law of 2010 are allowed as well.
• Plant and produce vendors may sell no more than 20% of items that are not vendor grown or produced on vendor property unless approved by the DFM.
• Business name of the vendor must be prominently displayed.
• All vendors must have a minimum of $500,000 in liability insurance or sign a Hold Harmless form from the Village of Dundee.
Season rate: $100 per season per space. Wednesday and/or Saturday.
Weekly rate: $5 per week per space for Wednesday and $10 per week per space for Saturday
• Market participants shall pull into their assigned spaces no later than 1/2 hour before market time. If space is not filled by that time, the Market Manager reserves the right to give that space to another vendor. No sales are permitted before the market start time. Anyone selling before that time shall be subject to one warning and for the second offense, a $15.00 fine. The third offense will result
in removal from the Market.
• Vendors may not vacate before the end of the Market time without approval of the Market Manager.
• Vendors will notify Market Manager at least 24 hours before market start if unable to set up. No more than four absences per season is allowed. Emergencies will be considered. Repeated failure to notify Market Manager could result in fines and/or removal from Market.
• Vendors can sign up for Wednesdays and Saturdays, or one and not the other.
Drop-Ins are allowed at the discretion of the Market Manager for already approved vendors up to 30 minutes before market open.
Drop-ins of new vendors are at the discretion and availability of the Market Manager no less than 45 minutes before market.
All vendors must park where the Market Manager designates after set up is done, to allow for customer parking unless approved by
the Market Manager. Failure to do so could result in fines or cancellation of the vendor contract.
Crafters limited to one spot and everyone else to two. The market mix may be taken into consideration. spaces are roughly 10’ x 10’ with a few 12 x 12 spaces available. Selling space and location assignments are determined by the Market Manager and are not transferable.
• Market participants agree to make their stands and products offered for sale as attractive as possible. Each participant shall keep the Market space free from refuse during Market hours. Sales shall be conducted in a business-like manner. No shouting or other objectionable means of soliciting trade will be tolerated. Market participants agree not to practice distress pricing. Sharing space with another vendor must be pre-approved by the Market Manager. Vendors will provide tables, canopy with appropriate weights, signage, and any display materials desired for their booth. All products, displays, signage, etc must be contained within space assigned. Do not spill into other booths or common areas unless pre-approved by Market Manager. All displays, especially umbrellas and canopies, must be securely anchored.
Space Assignments – Specific space location requests will be accommodated when possible, but are not guaranteed. Agricultural products have priority at the Market. Other vendors may be asked to relocate to an alternate location during the season, to accommodate seasonal produce vendors, or when the Market Manager feels the product mix requires a change for the overall good of the Market. Vendor space assignments are made at the Market Manager’s discretion taking into consideration product mix, customer flow, special promotions, and vendor seniority. Space assignments are not transferable.
Reserved Season Space – Vendors may be eligible to reserve their selling space by season on a first-come-first-served basis and at the discretion of the Market Manager. Vendors in good standing may be eligible for the same space the following year.
• During the course of the marketing season, vendors or their immediate family must grow or prepare 70% their products within a 50 mile radius of the market. Up to 20% of non-local items can come from as far away as 150 miles, and must be approved by the Market Manager or the Market Committee in advance. Produce brought in from other sources is acceptable under certain circumstances, such
as when the item/s are not available locally, or it adds well to the market mix. If the item is not available locally, but will be later, the Market Manager may ask that the item be discontinued from the farther away source, once the item is available locally.
• All flowers must be locally grown and picked within 48 hours.
• Fruits and vegetables shall be picked within 48 hours of the market days, to the greatest degree possible. Sales of wilted/low quality goods are unacceptable and may result in cancellation of the participant’s privileges.
• All vendors are responsible for the cleanliness of their selling area. At the conclusion of Market hours, participants shall remove any remaining food items associated with sales, equipment, tables, chairs, bushels, boxes, bags, trash, etc., from the site as quickly as possible. Participants not cleaning their spaces to the satisfaction of the Market Manager shall be subject to one warning, a $10.00 fine for the second offense, and removal from the Market for the third offense.
• Vendors shall conduct themselves in a courteous and businesslike manner. It is the market’s goal to win friends and benefit vendors, customers, and the community.
• Produce and plants should be insect and disease free, pesticide safe, fresh and clean as is normally acceptable.
• Anyone labeling or selling produce or food as “organic”, can have an inspection of fields, gardens or preparation areas at the discretion of the Market Committee. Anyone labeling or selling produce or food as “certified organic” will be required to show proof of certification.
• No music may be played by vendors during the Market. All entertainment to be held at the Market has to be approved by the Market Manager or Market Committee. No pets or moving bicycles are allowed in the Market. No smoking or alcohol is allowed in the Market.
• In addition to food sales, the Market may offer community-oriented workshops, demonstrations, children’s areas or entertainment.
• All produce vendors that sell by the pound must have certified scales at the Market.
• All vendors of non-food items must collect and turn in sales taxes on their products to the State of Michigan.
• The DFM or their designee can conduct on-site unannounced farm and production operation inspection of participants if a participant’s reputability as a food grower or producer is in question. If vendor is in error of application, first violation is a warning, second violation can be a fine of $50.00 and third violation can result in dismissal of vendor anytime during the season.
• The Board shall promote the Market through advertising, newsletters, special events, press releases, posters and other appropriate means.
• The rules and regulations are enforced by the Market Manager, then the Market Committee, then the DDA, then the Village of Dundee, which owns the parking lot.
• All Market participants agree to abide by the rules of the Market.
• Vendors may have relatives, friends or employees assigned to help with the running of the stall, or to run the stall with approval of the Market Manager.
PRODUCT EXCLUSIVITY/SPECIAL USES
The Market does not guarantee any vendor the exclusive right to sell any one product. The customer usually benefits from having multiple vendors selling the same product. The Market will determine when a product category is adequately represented and make the decision to deny applications from vendors with similar products. The product mix in the Market as a whole, as well as customer demand, will serve as important factors in determining how many vendors will be allowed to sell similar items in the name of
diversity. The number of customers determines how many vendors will be allowed on a particular day.
• The Committee may reserve sales space in the Market for its own fund-raising activities. Funds from such sales are not intended for profit.
• The Market Manager and Committee may make available space for use by community groups for non-sales purposes. Groups may request such space by contacting the Market Manager in advance of the market day. The Board will not permit tables for petitions/material of graphic, religious, or political nature. The Market Manager and Committee reserve the right to deny any requests for community space use.
Prices must be clearly marked or posted. Collusion and deceptive pricing practices are strictly prohibited. Vendors are not allowed to pressure, harass, or bully other vendors regarding the pricing of their products.
Undercutting, drastic price drops, dumping, and other anti-competitive practices are prohibited and may be enforced by the Market Manager with appeals going to the Market Committee and/or the DDA, depending on which body is meeting sooner.
NURSERY PRODUCTS AND PLANTS
Nursery products and plants must be propagated by the vendor from plugs, seeds, cuttings, bulbs or plant divisions and sold in standard, non-decorative nursery containers.
BAKERY, PREPARED FOOD, AND VALUE ADDED PRODUCTS
Bakery products must be made locally, from scratch, from quality ingredients and may require approval from the Monroe County Health Dept. All legalities must be followed. All products must be safe to consume and held at appropriate temperatures at all times. Prepared food must be manufactured locally and done under the direction of the owner. The owner is not required to raise any of the raw ingredients. Priority consideration will be given to processed food products that contain any locally grown ingredients. Value-added products are processed food products whose main ingredients are raised by the farmer.
• The Committee may, at its discretion, limit the number of prepared, processed or value-added food products in the market. Vendors may be required to submit a complete list of products at the time they make the application. Additions to the complete list of products must be approved by the Committee. Products will be re-evaluated each year. All vendors selling bakery, prepared food, value-added food or potentially hazardous food must also show proof of product liability insurance.
• All vendors of processed food must comply with sanitary rules and regulations imposed by the Monroe County Health Department and are responsible for obtaining the licenses and/or permits necessary to comply with the town, county, and state regulations.
CRAFT ITEMS/Flea Market Items
• Up to 25% of the market space is open to craftspeople, with a limit of one space. 100% of the items must be handmade by the vendor, with exceptions made by the Market Manager or the Committee. All crafts are to be approved by the Market Manager or the Market Committee, either from photos or in person. Vendors may appeal the Market Manager’s decisions on crafts and take their case to the Market Committee. A waiting list will be established after the 25% rule is met.
• No flea market items are acceptable at the market. The DFM/DDA reserves the right to schedule a Flea Market on an alternate day or in conjunction with the Market at its discretion.
All vendors from the previous year will be contacted by email, phone or mail, by March 1. The vendor will have until March 25th to sign up and pay dues. After that date, waiting list vendors and other vendors will be contacted until a proper market mix is established.
• All vendors applying for seasonal contracts must submit contracts 30 days prior to first day of Market and pay their annual fee 30 days prior to first day of Market, regardless of when they plan to start vending at the Market. All paperwork must be completed including all items required. Checks will be deposited upon acceptance to the Market.
• Approved vendors will not be permitted to sell until fees are paid and contracts are in order.
• Each participant shall be issued a signed contract. All business names must be on the contract.
• Each participant shall have a general location in the market that will be held for the entire season unless otherwise mandated by the Market Manager. Variation on the designated area will happen as the number of vendors fluctuate during the season.
• No participant shall have the right to sell, sublease, transfer or permit any other seller to use an assigned market location except by special approval of the Market Committee.
• All vendors must report gross sales at the end of the season, or whenever a vendor is done for the season, to the Market Manager. Please keep good records if possible. All numbers are confidential and are used for total gross sales of the market to report to DDA and The village of Dundee, and for possible fundraising purposes.
• Non-profit groups are included at the discretion of the Market Manager, with market mix kept in mind.
Violation of Rules The first violation of the General Rules by a vendor will get a warning from the Market Manager. The second offense will come in writing from the Market Manager. The third offense also is in writing and will result in a two-week suspension from the market. A fourth violation in the same year will result in expulsion from the market. Vendors may appeal in writing to the Market Committee. Complaints from vendors must be in writing and signed. The identity of the person making the complaint will be confidential. Complaint resolution is the responsibility of the Market Manager and/ the Market Committee.
• The Board reserves the right to cancel the privileges of any member/market participant who, in the opinion of the Market Committee, has violated the rules and regulations governing the Market.
• The Board reserves the right to cancel the market season up to one month prior to the opening of the Market. Participants agree to hold the market harmless for any and all losses except fees paid to the Farmers Market.
• The Market reserves the right to revise the General Rules and Requirements or to make exceptions when beneficial to the Market.
• Each vendor agrees to be responsible for all damages to life and property due to the vendor’s activities or those of their employees or family members at the Market.
The Vendor hereby agrees to indemnify, hold harmless, release, waive, and forever discharge the DFM and its agents and employees; members of the Dundee Development Authority or the Village of Dundee, and their agents and employees; and the Market Manager for all bodily and personal injury, 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 Village of Dundee and its agents and employees; members of the DDA and their agents and employees; or the Market Manager.
The Hold Harmless agreement has to be signed in addition to this document.
Signed and agreed on this [swift_date_long].
Primary Email: [swift_email name=”email” required]
Phone: [swift_phone name=”phone_1528135430042″ class=”phone” required size=”medium”]