Downtown Growers' Market Rules & Regulations Arts/Crafts 2015 April 18- November 7 Rules and Regulations will be implemented and enforced by the Downtown Growers' Market, of the DowntownABQ Main Street Initiative. Please note that these Rules & Regulations are subject to change before the start of the 2015 market season. Application Process 1. To be considered for a full-season space at the Market, application is due by Wednesday, December 31, 2014. 2. All applications will be juried for acceptance into the Market. The Art Advisory Committee will meet to evaluate Craft Vendor applications. 3. New and returning vendors must show samples of their work. Please send photographs of work by email to [email protected] or deliver them to our office- 115 Gold Ave NW, Suite 209, Albuquerque 87102. Please submit 3-7 photographs. 4. Craft Vendors who meet this deadline will be notified by February 15, 2015 if they are accepted for the season. Work Evaluation Process A. New and Returning vendors’ work will be evaluated on a point system based on the following criteria: 1. Quality: work appears well made and professional 2. Uniqueness: product will stand out amongst other arts/crafts 3. Local sourcing of materials: when possible, local resources are used 4. Need/Relevancy: product is useful and fits in to the Market There are 10 points possible for each category. Work will be rated on each category and given a score. There are 40 points total possible. Work Evaluation Example: Category Quality Uniqueness Local sourcing Need/Relevancy Score 10 8 4 9 Total Score= 31 1 B. In addition, Previous Market Vendors will be evaluated based on Market history, which includes the following practices: 1. Payments: did vendor pay booth fees on time and responsibly? 2. Reliability: was vendor on time and communicated scheduling changes in a timely manner? 3. Attitude/Professionalism: was vendor positive and professional with the manager, fellow vendors, and visitors? There are 10 points possible for each category. The Non-Compliant Action score will be deducted from the vendors Work Evaluation score. i.e. If you never paid your booth fee on time, you would get a -10 score for payments. Non-Compliant Action Evaluation Example: Category Payments Reliability Attitude/Professionalism Score -2 -2 0 Total Score= -4 Scores are confidential and will not be shared with the applicants or with anyone outside of the Arts Advisory Committee. Please read over the following rules and regulations for the Downtown Albuquerque Growers' Market. Each vendor is responsible for understanding and following these rules and regulations. Options for Vending When applying to be an arts/craft vendor at the Market, there are several options for vending. An applicants’ vending preference will be taken into consideration, however, cannot be guaranteed. Every week without booth partner: Vendor sells at Market every week in their own 10’x10’ space. Vendor will have the same assigned space the entire season. Cost: $25 per week Every week with booth partner: Vendor sells every week and shares their 10’x10’ booth space with another Arts/Crafts vendor in the same assigned space the entire season. Cost: $12.50 per week Every-other-week without booth partner: Vendor sells at Market every-other-week in their own 10’x10’ space, alternating weeks with another Arts/Crafts vendor throughout the season. Vendor will have the same assigned space the entire season. Cost: $25 per week 2 Every-other-week with booth partner: Vendor sells every-other-week and shares their 10’x10’ booth space with another art in the same assigned space the entire season. Cost: $12.50 per week Rotating/ On-Call Vendor: Depending on available space, vendor will be scheduled to sell 3-5 times during the season and may be contacted when there is an open space on an oncall basis. Cost: $25 per week Market Fee 1. Booth fee is $25/per Market. If you share your booth with another registered vendor, you are responsible for $12.50/per Market. When you pay your entire seasonal fee by the first day of market you will receive a 10% discount. You must participate in a minimum of 12 markets to be eligible for this discount. 2. If you pay as you go, booth fees must be paid before or on the Market day by check (made payable to DowntownABQ Main Street) or with a credit card at the Market. NO CASH IS ACCEPTED @ the Market. 3. You are responsible for paying your booth fee by the end of the Market day. If the Manager does not personally collect your fee from you at the Market, you must pay at the Information Booth with the Market representative. 4. Late fee Failure to pay your entire booth fee by the end of the Market day will result in a $10 fine that must be paid before your next Market day. a. A vendor is not allowed to set-up at Market until they pay their late fee. 5. Returned check In the event that a vendor’s check is returned to the DGM due to insufficient funds, the vendor is responsible for paying the bank fee associated with the returned check, along with a $10 late fee AND the original check fee. a. A vendor is not allowed to set-up at Market until they have paid all outstanding fees. Missing a Market 6. If a vendor is going to miss a scheduled Market, they must notify the Manager by the Wednesday before their scheduled Market. a. Notification should be completed by telling the Manager @ the Market of the date you will be missing. b. OR sending an email to [email protected] OR by calling 505-252-2959 and leaving a voicemail for the manager. c. The manager will confirm that vendor’s message has been received in the manner in which it was delivered; i.e. phone or email. 3 7. If a vendor misses a scheduled Market without notifying the Manager by the Wednesday before their scheduled Market, they are responsible for paying their booth fee AND a $10 penalty fee. These payments are due within seven days of their missed Market. a. If a vendor does not pay their owed booth fees, they are not allowed to set-up at the Market until they are paid in full. b. Vendors who have paid for a full season space in advance and miss a Market without proper notification will be charged the $10 penalty fine. 8. Vendors who miss a Market 3 times without notifying the Market Manager will be excluded from the Market a. Vendor will be notified in writing upon their second missed Market that any future un-notified missed Markets will result in exclusion from the Market. 9. The DGM reserves the right to replace a vendor’s space if they do not comply with rules and regulations. 10. If a vendor left the Market in arrears on payment from a previous season, their application will not be accepted until their full payment is received, including accrued interest and penalty fees. 11. The Market has the right to refuse applications for those who have left the Market in a previous season in arrears on payment. 12. Vendors who have paid for a full season space or paid for their space in advance and forfeit their space before the season ends, will be refunded their space payment ONLY if they notify the Market Manager that they are forfeiting their space one week prior to their last Market day. a. Notification should be completed by sending an email to the Manager at [email protected] The manager will confirm that vendor’s message has been received through email. b. Refunds will be given to vendor within 2 weeks after their last Market in the form of a check. Day of Market Operations 13. The Market is held for 30 consecutive weeks in Robinson Park, on 8th Street and Central Avenue, beginning April 18th until November 7th. 14. Time of Operation a. 7AM-Noon April 18th- September 5th b. 8AM- 1PM September 12th-November 7th 15. In order to maintain our Growers’ Market status with the New Mexico Farmers’ Market Association the Market must contain at least 50% agricultural goods. 16. Only DGM registered and approved vendors are allowed to sell. 17. A business license is required for the City of Albuquerque. Please have copies of pertinent tax licenses at your booth ready for review by respective license or permit 4 inspectors. These permits and licenses must be obtained prior to entry into the market and be kept current. 18. Full-season vendors are assigned a permanent space in the Market to be decided upon by the Manager. 19. Space sizes are up to 10’x 10’. a. Additional space can possibly be arranged for additional fees. 20. Tents and canopies should be made out of fire resistant material. Tents cannot be staked. Sandbags or other weights must be used for securing set-ups. a. Specific tent requirements are outlined by the Albuquerque Fire Department. Each vendor is responsible for following these tent requirements. A form stating the tent requirements will be provided to vendors after they have been accepted into the market. 21. To protect the grass, each vendor must provide breathable and sturdy ground mats to cover the grass in and around their booth where foot traffic occurs. 22. Spaces will not be held past 15 minutes prior to the official Market set-up time. I.e. If the Market starts at 7AM, spaces will not be held past 6:45AM. 23. IF you are not completely set-up more than 15-minutes past Market opening MORE THAN 3 TIMES, YOU WILL BE EXCLUDED FROM THE MARKET. a. For the first tardy, a verbal notification will be given by the Market Manager the day of violation. b. For the second tardy, a verbal notification will be given by the Market Manager the day of violation, along with a written notification provided one week later at Market. c. For the third tardy, a verbal notification will be given by the Market Manager the day of violation, along with a written notification that the vendor is excluded from the Market. 24. Table coverings are the choice of the vendors, however, they should be attractive and clean in appearance. 25. Prices should be clearly marked on all items. The management reserves the right to remove any questionable merchandise, materials, or signs. 26. RESALE or BROKERED items are NOT ACCEPTABLE for selling. I.e. you cannot sell your friend’s stuff, including produce, at your stand. 27. Market is held rain or shine. See ‘Market Cancellation’ section for exceptions. 28. Market tear down will begin immediately after posted Market closing. The Market is not responsible for you or your product after the posted Market closing. a. The only reason a vendor should leave the Market before closing time is if they are COMPLETELY sold out of their product or if there is an emergency. Any other case must be pre-approved by the Manager. 5 29. The Downtown Growers’ Market reserves the right to limit the number of arts & crafts and the kind of arts and crafts to be sold. 30. Vendors of the DGM participating in Market functions, whether dealing with customers of the Market or with other Market vendors, shall not discriminate against any individual with regards to selling of products, discipline, or other matters because of age, sex, race, creed, national origin, sexual orientation or the presence of any physical or mental disability. Vendors shall behave toward all customers, visitors, or other vendors in a way that is free of harassment and discrimination. Complaints should be taken to the Market management and will be regarded with confidentiality. 31. All vendors must adhere to the DGM’s “Code of Conduct.” This means every vendor will treat other vendors, customers and the market manager with kindness, respect and politeness. 32. The Market Director/Manager has complete authority to interpret and implement policy on the Market site. 33. To protect the safety of the public as well as the integrity of the Market, the Market Management has the discretion and authority to immediately dismiss any vendor from the Market area for violations of these Rules and Regulations. A daily vendor immediately dismissed for a violation will forfeit the day’s rental fee and will not be allowed to rent space in the future unless appropriate assurances are provided to the Market Manager that the problem is resolved. 34. The Market Manager will give members in violation of Market Rules and Regulations or any other membership agreement a verbal warning at the time of dismissal or, if the violation does not warrant immediate dismissal, at the time the violation becomes known to the Market Manager. If the violation has not been cured by the next market day (one week later), the Market Manager will give the member a written warning detailing the violation, action required to cure the violation, and stating the violation must be cured by the next Market day (one week later). If the violation remains uncured, the Market Manager will notify the erring member in writing of a hearing date before the Vendor Advisory Committee (VAC), which date shall be no more than twenty-one (21) days from the date notice is given. Waste Management 35. City trash cans are utilized during market. 36. Vendors are responsible for hauling their own waste generated during market. I.e. No dumping trash in public waste cans- take out what you bring into the park to help alleviate the amount of trash generated during market. 37. Please keep the area around your booth clean and in good condition. Additionally, vendors are requested to clean up their site after the market is closed. Again, left over product is not allowed to be dumped in the Parks’ waste containers. 6 Parking The success of parking and unloading/loading goods depends greatly on the cooperation of all Market vendors. Please act with courtesy and respect when communicating with each other and make accommodations for other vendors when possible. Remember, we’re all in this together! You will unload/park accordingly depending on where your booth is located: If your booth space is located… In the interior of the Park • You must unload BEFORE 6AM (7AM starting September 5) along Central, Copper, or unloading zone on 8th • • • You must unload your stuff quickly…DO NOT SET-UP UNTIL ALL YOUR STUFF IS UNLOADED FROM YOUR VEHICLE NO ONE may stay parked along Central during the market After unloading move your vehicle to one of the following FREE parking lots: o MRCOG building (white house, black fence) on Copper & 9th o o o o • Southwest corner of 8th & Central, near bookstore- look for DGM Parking sign On Central between 8th & 7th just west of Goodyear store Between 7th & 8th on Copper Eastside of 8th & Kent Parking spaces on 8th are first come first serve for vendors o Market ends @ noon (beginning Sep 5 it ends at 1PM). Loading when packing---up will be first come first serve on Central Ave or Copper once space is available. If your booth space is located… Along Central Ave • You must unload between 6-7AM (between 7-8AM starting September 5) along Central Ave • • • You must unload your stuff quickly…DO NOT SET-UP UNTIL ALL YOUR STUFF IS UNLOADED FROM YOUR VEHICLE NO ONE may stay parked along Central during the market After unloading move your vehicle to one of the following FREE parking lots: o MRCOG building (white house, black fence) on Copper & 9th o o o o o Southwest corner of 8th & Central, near bookstore- look for DGM Parking sign On Central between 8th & 7th just west of Goodyear store Between 7th & 8th on Copper Eastside of 8th & Kent Parking spaces on 8th are first come first serve for vendors 7 • Market ends @ noon (beginning Sep 5 it ends at 1PM). Loading when packing---up will be first come first serve on Central Ave or Copper once space is available. If your booth space is located…Along Copper Ave • You must unload between 6-7AM (between 7-8AM starting September 5) along Copper Ave • Only vendors along Copper Ave are allowed to leave their vehicle parked in front of their booth. o Vendors on Copper between 9th & 10th can only parallel park on west side of Copper o Remember, until 6am, Copper is an unloading zone for vendors located inside the park 38. As per ABQ Police Dept., vendors are not allowed to double-park along Central Ave while unloading/loading. 39. Vendors should not block the flow of traffic when unloading their goods. 40. Parked vehicles cannot block handicap access on sidewalks. 41. The Market Manager reserves the right to assign unloading/loading and parking spaces if the need arises. 42. When parking issues arise that cannot be respectfully worked out amongst vendors, the Manager should be contacted to help facilitate parking conflicts. 43. The Manager has the final say in all issues regards to space utilization and parking. The vendor agrees to abide by the final decisions of the Market Manager for the good of the Market and in accordance with facility requirements. Market Cancellation In the rare event of extreme weather, such as thunderstorms and heavy rain/hail, Market may be cancelled. 44. Market cancellation will be communicated in the following ways to vendors: a. An email will be sent to all vendors with email addresses. b. A phone call will be made to each vendor by a member of the Vendor Advisory Committee. c. A message on the homepage of our website DowntownGrowers.com will be posted. d. A message on our Facebook page will be posted. 8 In the case of cancellation, if a vendor chooses to set-up their booth and vend at Robinson Park, they do so at their own risk and are liable for anything that occurs to them while at the park. Market Tokens The Market has its own currency for customers to purchase from the Information Booth with a debit card ($5 increments) or EBT- Electronic Benefit Transfer- card ($1 increments). Our currency comes in the form of $1 and $5 wooden tokens and is identified with the Albuquerque Growers’ Market name and logo OR Downtown Growers’ Market name and logo printed on each token. 45. Only Albuquerque/Downtown Growers’ Market tokens can be accepted at the Market. 46. The Market will not reimburse vendors for other tokens that may be accidently collected; this includes “Bonus” tokens that were utilized in the past. 47. Arts/Crafts vendors cannot accept $1 tokens. 48. $1 tokens are for EBT/SNAP participants to be used only for fresh produce, pasta, meat, cheese, granola, and bread. Ready to eat food or hot food are not eligible. 49. Tokens cannot be given to customers as change. Real money must be given as change, even when a customer uses a token. 50. $5 tokens can be used to purchase anything at the Market as long as the vendor accepts them. 51. In order to redeem tokens for real money a vendor must sign-up at the Info Booth by providing a voided check and completing an Authorized Agreement for Automatic Deposits. 52. A minimum of $15.00 in tokens must be collected by the vendor before turning in these tokens for reimbursement. 53. Tokens can be redeemed at the Info Booth during the time of Market operation with a DGM representative. a. Vendors will turn-in their tokens and receive a receipt indicating the amount of money they will be reimbursed for their redeemed tokens. 54. Reimbursements will be directly deposited into the vendors’ account every 1-2 weeks. 55. Vendors should keep their receipts in case future questions arise with reimbursement. 56. If this does not make sense now, don’t worry; it will all make sense once you experience it in action! 9 Vendor Advisory Committee The DGM Vendor Advisory Committee (VAC) is comprised of ten market vendors: 5 growers and 5 prepared food/art vendors. The mission of the Vendor Advisory Committee (VAC) is to collectively listen to its members and vote on decisions that affect the market as a whole, as well as to address the concerns and ideas of fellow market vendors for the overall success of the Downtown Growers' Market. VAC members support the market director with informed advice on the current and future situations, as well as communicate pertinent information to fellow vendors. If a vendor has a suggestion pertaining to the market, they are encouraged to reach out to the market manager or a member of the VAC. 2014-2015 VAC members include: Growers Anthony Wagner, Wagner Farm- [email protected] Ph. 505-328-2757 Deborah Bustamante- Crackpot Herbs- [email protected] Ph. 505-934-2325 Dory Wegrzyn, Red Tractor Farm- [email protected] Ph. 505-604-5956 Jesse Daves, Amyo Farm- [email protected] Ph. 505-238-0234 Marjory Sweet, Sterling Gardens- [email protected] Ph. 207-522-6187 Prepared Foods Mike Phlieger, Java Joe’s- [email protected] Ph. 765-1514 Valerie Clark, What the Fudge- [email protected] Ph. 505-489-1035 Gael Fishel, Exotic Edibles- [email protected] Ph. 505-281-6483 Artists Jay Wheeler, South Valley Soap- [email protected] Ph. 970-759-1765 Tom Kennedy, Monaco Designs- [email protected] Ph. 505-688-2220 Arbitration 57. By renting a stall at the Market, the vendor agrees to settle disputes by arbitration that cannot otherwise by resolved. This form of dispute resolution will be the sole remedy for resolution of any and all disagreements or disputes arising under or related to the Market Rules and Regulations or the membership agreement (including, but not limited to, any statutory or tort claims arising from the relationship between the parties). One neutral arbitrator agreed on by the parties shall conduct the arbitration in Albuquerque, New Mexico. If the parties cannot agree on an arbitrator, each party shall select and pay for its own arbitrator, and the arbitrators so selected will select an arbitrator to chair the proceedings. The costs of the neutral arbitrator (whether the sole arbitrator or the chairperson of an arbitration panel) will be shared equally by the parties. 58. Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or its relevance or scope, shall be determined by the arbitrator (or chairperson, if a panel), which determination shall be conclusive. Other discovery will not be 10 permitted. All discovery shall be completed within 60 days following the appointment of the arbitrator(s). The decision and award determined by the arbitration shall be final and binding upon the parties. Judgment upon the arbitration award may be entered and enforced in any court having jurisdiction. The parties agree that any arbitration shall be governed by the New Mexico Uniform Arbitration Act, NMSA 1978, §§ 44-7A-1, et seq., as now existing or hereinafter amended. These Rules and Regulations shall otherwise be governed by, and construed in accordance with, the laws of the State of New Mexico. Acknowledgment that you have read and understand the DGM Rules and Regulations must be indicated on your vendor application with your initials, signature and date. Keep a copy of these Rules and Regulations for your records. If you have any questions, please contact Gina Meyers, DGM Manager Phone 505-252-2959 Email [email protected] 115 Gold Ave SW, Suite 209 Albuquerque, NM, 87102 DowntownGrowers.com GROW ON! 11
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