05-0921_CHAMBER OF COMMERCE, SJC_Memorandum of UnderstandingMEMORANDUM 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 Downtown San Juan Capistrano.
SECTION 1. Description of Event.
OCMA will conduct a once weekly open-air Farmer's Market selling products directly
from the farm to create urban vitality and street life in the downtown. The vendors will
only sell what they grow and produce such as, fruits, nuts, vegetables, grains, dairy
products, syrups, honey, meat, fish and flowers.
Term: The term of this Memorandum shall be from March 4, 2005 to March
4, 2006.
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: Primarily on Yorba Street between Camino Capistrano and EI
Camino Real and a portion of the Veteran's Park as needed.
Street closures: 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:
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.
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
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The OCMA shall provide a copy of the contract between the OCMA and private
Farmer's Market Manager with contact information 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 in accordance with Section 4 below. The OCMA shall name the City and CRA
as additionally insured.
The OCMA shall promote and market the event.
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 cooperate with the City of San Juan Capistrano 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 the
downtown, the City of San Juan Capistrano will provide support to the Farmer's Market
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
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in the form of the following items:
a.) 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.
b.) Support with information placed on the City's official website.
c.) Information regarding the OCMA Farmer's Market will be included in the
City's water bill once each quarter during the first year.
d.) Approval to use of downtown light pole brackets to allow for Farmers' Market
decorative flags to be installed prior to the event.
e.) Assistance to the OCMA by providing informational materials and brochures
for display as necessary in order to promote local shopping and dining.
SECTION 4. Insurance 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.
Proof of liability insurance shall be in the form of: (1) an insurance certificate; and (2)
an endorsement liability form. The City and Redevelopment Agency shall be added as
additionally insured to the insurance policies required under this Memorandum of
Understanding. These 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.
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FARMERS MARKET
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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.
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 Equalization multi-purpose form BT - 410-D (local
tax allocation for temporary sales locations).
SECTION 9. Either parry reserves the right to cancel the program, but shall provide
thirty days notice and notification.
SECTION 10. Written notification regarding this Memorandum of Understanding will be
given in writing as follows:
City of San Juan Capistrano
ATTN: City Manager's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Old Capistrano Merchants Association:
ATTN: President
32332 Camino Capistrano Suite 201
San Juan Capistrano, CA 92675
San Juan Capistrano Chamber of Commerce:
ATTN: Executive Director
31781 Camino Capistrano
San Juan Capistrano, CA 92675
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FARMERS MARKET
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IN WITNESS WHEREOF, the parties hereto have read and understood their
obligations in this Memorandum of Understanding and have caused this understanding
to be executed on the 1st day of March, 2005.
SJC Chamber of Commerce:
Stan Vji' zl9 ki, Executive Director
Community Redevelopment Agency
Dave Adams, Executive Director
Approved as to Form
John Shaw ity Attorney
Old Capistrano Merchants Assoc.:
Debra Campbell, P esident
City of San Juan Capistrano
O�
Dave Adams, City Manager
Attest:
R. Monahan, City Clerk