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
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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
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MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
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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.
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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
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MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
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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