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03-0304_CHAMBER OF COMMERCE, SJC_Memorandum of UnderstandingMEMORANDUM OF UNDERSTANDING FOR THE ORGANIZATIONAL RESPONSIBILITIES OF THE SAN JUAN CAPISTRANO FARMERS MARKET This Memorandum of Understanding Be een the San Juan Capistrano Chamber of Commerce (Chamber), Old Capistrano Mer c ants Association (OCMA), City of San Juan Capistrano (City), and the Community Rede elopment Agency (Agency), Establishes and Clarifies the Duties and Responsibilities fo 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 Mar h 4, 2003 to March 4, 2004 (the "term") and the event shall be defined as follows during he term: Start Date: Frequency: Location Street closures: April, 2003 Every Wednesday, from 3-6lp.m. (Set up allowed to begin at 2 p.m. and end no later than 8 p.m.) Rain or shine. The Agency -owned public I located on EI Camino Real. To create a safe pedestrian Capistrano Yorba Street (b Real) will be closed. Set Up: The event may have as ma and legally be allowed to res The event will start with a access into the "market arE permanent improvements a area will consist of sufficient projects, and a canopy. SECTION 2. The role of the Chamber and OCMA shall The Farmer's Market shall be a Farmer's Market Manager. — Farmers that engage in the sale of farmi license requirements and/or sales permit Municipal Code. — The OCMA shall provide a copy of the cc lot behind the Esslinger Building way from parking lots and Camino i Camino Capistrano and Camino vendors that can reasonably, safely in the location, and no more than 40. nimum of 20 vendors. Automobile will be limited to vendors only. No allowed for this event. Each vendor aces for a vehicle, table for display of of: effort carried out by the OCMA and goods shall be required to meet all tulations as stipulated by the City's between the OCMA and private 0 MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 2 Farmer's Market Manager so that the City of the event. The OCMA shall submit evidence of Farmer's Market with minimum liability name the City and CRA as additionally The OCMA shall work collaboratively marketing of said Farmer's Market. — A program for "set up of the event and to City for approval two weeks prior to first — The OCMA shall submit evidence two required by the Orange County Health Agriculture have been obtained. A refundable "one-time" deposit of $500 funds to ensure that site is maintained, f better condition within 2 hours following f ensure and enforce safe operations for the operations of a weekly of $1 million. The OCMA shall the City of San Juan Capistrano in the n of event" shall be submitted to the date. prior to first event that all permits tment and County Department of dl be submitted to the City to provide of debris, and returned to original or i event. During the months of June, July, Augus , and September, the OCMA and its Farmer's Market Manager shall work wit 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 a d Shop & Dine Expo. OCMA shall provide notification to all erchants two weeks prior to the first Farmer's Market and shall be provided in he form of a flier directed to all historic downtown tenants located along Camino apistrano (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 is 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 tot the first event. OCMA and Farmer's Market Manager will gree to provide a vendor space for any San Juan Capistrano grown, farming goods representative. SECTION 3. 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 • 0 MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 3 Market in the form of the following items: — Public Works assistance with the weekly cl sure 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 Worksassistance 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 Marketwill 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 I cal 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, bro d form property damage and blanket contractual liability in the following minimum amo nts specific to the Farmer's Market: -$500,000 property damage; -$500,000 injury to one person/any one o currence/not limited to contractual period; -$1,000,000 injury to more than one per on/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 theConsultant's general liability to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 9 MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 4 Proof of liability insurance shall be and (2) an endorsement from the carrier. The I added as additionally insured to the insurance I of Understanding. This policy/policies shall not the coverage reduced throughout the duration provide the City 30 days advance written notice Farmers Market Manager Insurance Requir OCMA, shall require Farmers Market Manager force and effect comprehensive general liability products/completed operations, broad form pi liability for the entire operation of the Farmers following minimum amounts specific to the Fan -$500,000 property damage; -$500,000 injury to one person/any one period; -$1,000,000 injury to more than one F contractual period. Prior to the beginning of the progrs shall provide evidence of the Farmers Market ti his/her insurance certificates, including the de< additional insured endorsement to the Consultar for certification that the insurance requirements SECTION 5. Indemnification. The Cha defend, hold harmless and indemnify the City Redevelopment Agency against all liabilities reasonable attorney's fees, related costs and ex or property damage arising or resulting from the in its operations under this Memorandum of Un SECTION 6. At all times during the term Chamber, and Farmer's Market manager shall be Memorandum. All persons employed to provide be employees or contractors of Chamber and sha any reason or purpose. the form of: (1) an insurance certificate; .y and Redevelopment Agency shall be licies required under this Memorandum rminate nor shall they be canceled, nor the Farmer's Market. The OCMA shall changes to this coverage. ients. The Chamber, on behalf of the provide insurance shall maintain in full verage, including premises operations, ierty damage and blanket contractual irket, inclusive of vendor activity, in the is Market: limited to contractual one occurrence/not limited to the Chamber, on behalf of the OCMA, lager's insurance and shall submit the tible or self -retention amount, and an general liability to the City Clerk's office this Agreement have been satisfied. �r, OCMA, and Farmers Market shall I its officers and employees and the claims of liability or loss (including ses) because of death, personal injury t or negligence of the Farmer's Market this Memorandum, the OCMA, SJC idependent rendered pursuant to this ervices under this Memorandum shall not be deemed employees of City for MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 5 SECTION 7. There shall be no CRA, City, Chamber and OCMA to involuntarily. n u ty or transfer of this contract between or third party whether voluntarily or SECTION 8. All vendors that sell taxable items shall maintain all instruments required by Section 6073 and 6073.1 of the California Re enue and Taxation Code, including but not limited to the State Board of Equil9izwation I ulti-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. T e City will monitor program impacts and provide an assessment report six months followi g the initiation of the Farmers Market. SECTION 10. Notice. Written notification regarding this Memorandum as follows: City 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 Understanding will be given in writing I MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 6 IN WITNESS WHEREOF, the parties her March, 2003. Executive Director SJC Chamber of Commerce SJC Community Redevelopment Agency Approved as to Form ci�� City Attor ey e 4th of