03-0304_CHAMBER OF COMMERCE, SJC_Memorandum of Understanding (2)MEMORANDUM OF UNDERSTANDING FOR
THE ORGANIZATIONAL RESPONSIBILITIES
OF THE SAN JUAN CAPISTRANO FARMERS MARKET
This Memorandum of Understanding Between the San Juan Capistrano Chamber
of Commerce (Chamber), Old Capistrano Merchants Association (OCMA), City of San
Juan Capistrano (City), and the Community Redevelopment Agency (Agency), Establishes
and Clarifies the Duties and Responsibilities for Conducting the San Juan Capistrano
Farmer's Market in Historic San Juan Capistrano.
SECTION 1. Description of Event.
The term of this Memorandum shall be from March 4, 2003 to March 4, 2004 (the "term")
and the event shall be defined as follows during the term:
Start Date: April, 2003
Frequency: Every Wednesday, from 3-6 p.m. (Set up allowed to begin at 2 p.m.
and end no later than 8 p.m.) Rain or shine.
Location: The Agency -owned public parking lot behind the Esslinger Building
located on EI Camino Real.
Street closures: To create a safe pedestrian travel way from parking lots and Camino
Capistrano Yorba Street (between Camino Capistrano and Camino
Real) will be closed.
Set Up: The event may have as many vendors that can reasonably, safely
and legally be allowed to reside in the location, and no more than 40.
The event will start with a minimum of 20 vendors. Automobile
access into the "market area" will be limited to vendors only. No
permanent improvements are allowed for this event. Each vendor
area will consist of sufficient spaces for a vehicle, table for display of
projects, and a canopy.
SECTION 2. The Role of the Chamber and OCMA.
The role of the Chamber and OCMA shall consist of:
The Farmer's Market shall be a collaborative effort carried out by the OCMA and
Farmer's Market Manager.
Farmers that engage in the sale of farming goods shall be required to meet all
license requirements and/or sales permit regulations as stipulated by the City's
Municipal Code.
— The OCMA shall provide a copy of the contract between the OCMA and private
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MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
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Farmer's Market Manager so that the City can ensure and enforce safe operations
of the event.
The OCMA shall submit evidence of insurance for the operations of a weekly
Farmer's Market with minimum liability coverage of $1 million. The OCMA shall
name the City and CRA as additionally insured.
The OCMA shall work collaboratively with the City of San Juan Capistrano in the
marketing of said Farmer's Market.
A program for "set up of the event and tear down of event" shall be submitted to the
City for approval two weeks prior to first event date.
The OCMA shall submit evidence two weeks prior to first event that all permits
required by the Orange County Health Department and County Department of
Agriculture have been obtained.
A refundable "one-time" deposit of $500 shall be submitted to the City to provide
funds to ensure that site is maintained, free of debris, and returned to original or
better condition within 2 hours following each event.
— During the months of June, July, August, and September, the OCMA and its
Farmer's Market Manager shall work with the City of San Juan Capistrano to
relocate the Farmers Market to a downtown parking lot in order to accommodate the
San Juan Summer Nites Concert Series and Shop & Dine Expo.
— OCMA shall provide notification to all merchants two weeks prior to the first
Farmer's Market and shall be provided in the form of a flier directed to all historic
downtown tenants located along Camino Capistrano (south of Ortega Highway to
Del Obispo), and tenants located along Camino Real from Forster to Ortega
Highway and along Verdugo.
— The OCMA Farmer's Market may provide its own electricity through free standing
generators or connect to existing electrical panels located in the area. Use of City
electricity shall require two weeks prior to the first event.
OCMA and Farmer's Market Manager will agree to provide a vendor space for any
San Juan Capistrano grown, farming goods representative.
SECTION 3. The role of the City of San Juan Capistrano.
In exchange for the OCMA's effort and dedication to attract residents into historic
downtown, the City of San Juan Capistrano will provide indirect support to the Farmer's
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
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Market in the form of the following items:
Public Works assistance with the weekly closure of Yorba Street. This includes the
delivery of necessary signs and temporarily the posting of signs indicating a street
closure. At a future date, and at which time it is deemed acceptable by the City's
traffic engineer, the street closure may be posted and manned by the OCMA
Farmers Market Manager. Public Works assistance with the installation of new
parking lot signs indicating parking regulations and a weekly Farmers Market.
- Support with information placed on the City's official website.
- Information regarding the OCMA Farmer's Market will be included in the City's water
bill once each quarter during the first year.
- Approval to use of downtown light pole brackets to allow for Farmers' Market
decorative flags to be installed prior to the event.
- When available, use of street intersection banner.
Assistance to the OCMA by providing informational materials and brochures for
display as necessary in order to promote local shopping and dining.
Notification of the merchants via a letter and flier about the displaced parking
associated with the start up of the program.
SECTION 4. Insurance Requirements.
Chamber/OCMA Requirements. The Chamber, on behalf of the OCMA, shall maintain
in full force and effect comprehensive general liability coverage, including premises
operations, products/completed operations, broad form property damage and blanket
contractual liability in the following minimum amounts specific to the Farmer's Market:
-$500,000 property damage;
-$500,000 injury to one person/any one occurrence/not limited to contractual
period;
-$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
Prior to the beginning of the program, the Chamber, on behalf of the OCMA,
shall submit the insurance certificates, including the deductible or self -retention amount,
and an additional insured endorsement to the Consultant's general liability to the City
Clerk's office for certification that the insurance requirements of this Agreement have been
satisfied. ,
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MEMORANDUM OF UNDERSTANDING
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Proof of liability insurance shall be in the form of: (1) an insurance certificate;
and (2) an endorsement from the carrier. The City and Redevelopment Agency shall be
added as additionally insured to the insurance policies required under this Memorandum
of Understanding. This policy/policies shall not terminate nor shall they be canceled, nor
the coverage reduced throughout the duration of the Farmer's Market. The OCMA shall
provide the City 30 days advance written notice regarding changes to this coverage.
Farmers Market Manager Insurance Requirements. The Chamber, on behalf of the
OCMA, shall require Farmers Market Manager to provide insurance shall maintain in full
force and effect comprehensive general liability coverage, including premises operations,
products/completed operations, broad form property damage and blanket contractual
liability for the entire operation of the Farmers Market, inclusive of vendor activity, in the
following minimum amounts specific to the Farmer's Market:
-$500,000 property damage;
-$500,000 injury to one person/any one occurrence/not limited to contractual
period;
-$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
Prior to the beginning of the program, the Chamber, on behalf of the OCMA,
shall provide evidence of the Farmers Market Manager's insurance and shall submit the
his/her insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability to the City Clerk's office
for certification that the insurance requirements of this Agreement have been satisfied.
SECTION 5. Indemnification. The Chamber, OCMA, and Farmers Market shall
defend, hold harmless and indemnify the City and its officers and employees and the
Redevelopment Agency against all liabilities or claims of liability or loss (including
reasonable attorney's fees, related costs and expenses) because of death, personal injury
or property damage arising or resulting from the fault or negligence of the Farmer's Market
in its operations under this Memorandum of Understanding.
SECTION 6. At all times during the term of this Memorandum, the OCMA, SJC
Chamber, and Farmer's Market manager shall be independent rendered pursuant to this
Memorandum. All persons employed to provide services under this Memorandum shall
be employees or contractors of Chamber and shall not be deemed employees of City for
any reason or purpose.
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SECTION 7. There shall be no assignability or transfer of this contract between
CRA, City, Chamber and OCMA to promoter or third party whether voluntarily or
involuntarily.
SECTION 8. All vendors that sell taxable items shall maintain all instruments required
by Section 6073 and 6073.1 of the California Revenue and Taxation Code, including but
not limited to the State Board of Equil9izwation multi-purpose form BT - 410-D (local tax
allocation for temporary sales locations).
SECTION 9. Either party reserves the right to cancel the program without cause, but
shall provide thirty days notice and notification. The City will monitor program impacts and
provide an assessment report six months following the initiation of the Farmers Market.
SECTION 10. Notice.
Written notification regarding this Memorandum of Understanding will be given in writing
as follows:
Citv
Mechelle Lawrence
Economic Development Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Old Capistrano Merchants Association:
Jonathan Volzke
26782 Via Soccoro
San Juan Capistrano, CA 92675
San Juan Capistrano Chamber of Commerce:
Verlaine Crawford
31781 Camino Capistrano
San Juan Capistrano, CA 92675
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IN WITNESS WHEREOF, the parties hereto have executed this Memorandum the 4th of
March, 2003. .-N
Executive Director
SJC Chamber of Commerce
behalf of Agency
SJC Community
Approved as to Form
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City AttoIlney
Old Capistrano Merchants Assoc.
Agency City of San
Attest:
lerk
behalf of City
Capistrano
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