04-0404_OLD CAPISTRANO MERCHANTS ASSOCIATION_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 Historic San Juan Capistrano.
SECTION 1. Description of Event.
The term of this Memorandum shall be from March 4, 2004 to March 4, 2005 (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
SD
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MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE 2
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 Marketto a downtown parking lot in orderto 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.
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MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE 3
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
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 Farmers 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 Reguirements.
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,
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MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE
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.
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 liabilityto the CityClerk'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.
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE 5
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 Equilization 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:
CW
Douglas D. Dumhart
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 Caoistrano Chamber of Commerce:
Verlaine Crawford, Executive Director
31781 Camino Capistrano, Suite 306
San Juan Capistrano, CA 92675
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE 6
IN WITNESS WHEREOF, the parties hereto have executed
March, 2004.
Executive Director
SJC Chamber of Commerce
Executive Director on behalf of Agency
SJC Community Redevelopment Agency
Approved as to Form
0 i��
City Attorney
Memorandum the 2nd of
Old Capistrano Merchants Assoc.
City Manager on behalf of City
City of San Juan Capistrano
Attest:
`Adb► ,.' CERTIFIC
OF
LIABILITY INSU NCE
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PRODUCER Three County Insurance
Mrvices
POLICY NUMBER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
106 N. El Camino Real
LIMITS
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
EACH OCCURRENCE
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Clemente
CA 92672
FIRE DAMAGE (Anyone lire)
$ 50, DOD
INSURERS AFFORDING COVERAGE
INSURED
MED EXP (Anyone Person)
INSURERA: Travelers Insurance Co.
San Juan Capistrano Chamber of
Commerce
X -660 -9840A258 -TCT -05
INsuRERB _
PERSONAL SADV INJURY
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INSURER C'.
31781 Camino Capistrano #306
GENERAL AGGREGATE
INSURER D:
San Juan Capistrano
GEN'L AGGREGATE LIMIT APPLIES PER:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMID
POLICY EXPIRATION
DATE(MMIOnfm
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
X COMMERCIALGENERrAL LIABILITY'
FIRE DAMAGE (Anyone lire)
$ 50, DOD
J CLAIMS MADE X 1 OCCUR
MED EXP (Anyone Person)
$ 5, 000
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X -660 -9840A258 -TCT -05
4/20/2005 4/20/2006
PERSONAL SADV INJURY
_ —
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$ 2,000, 000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG
$ 2,000, 000
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PRO-
X POLICY JECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
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ALL OWNED AUTOS
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DESCRIPTION OF OPERATIONS20CATIONSNEHICLES(EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED.
PLEASE SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT,
INSURER LETTER:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF SAN JUAN CAPISTRANO'AND CITY OF SAN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN
JUAN CAPISTRANO REDEVELOPMENT AGENCY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
32400 PASEO ADELANTO REPRESS S.
SAN JUAN CAPISTRANO CA 92675 AUTHO ED REP SENTATIVE
ACORD 25S (7197) U q F ACORD CORPOR ON 1988
LM: LPW OSS on 5113/05 - 16:16 by Uw Narne LP: LPW 0.9.8 on 5/13105 - 16:16 by U"rNwe PF 0.0.1
Policy # X -660 -9840A258 -TCT -05
Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of San Juan Capistrano
City of San Juan Capistrano Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by orfor
you.
Autho R esentative
Copyright, Insurance Services Office, Inc., 1984
CG 20 10 1185
05/13/2005
0
32400 PASEO AOEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949)4931171
(949) 493-1053 FAx
www s anjuancapistrano. org
April 5, 2005
IA[OAPO/IRB
� lS1AItISXFO I 1961
1776
Chamber of Commerce (Old Capistrano Merchants Association)
P.O. Box 1878
San Juan Capistrano, CA 92693
RE: Compliance with Insurance Requirements — Farmers Market
The following insurance documents are due to expire:
✓ General Liability Certificate 04/20/2005
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE 13ATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
✓ General Liability Endorsement Form naming the City of San Juan
Capistrano and the San Juan Capistrano Community Redevelopment
Agency as additional insureds.
✓ Other Information Please list the City and Community Redevelopment
Agency as certificate holders.
Please submit updated documentation to the City of San Juan Capistrano, attention City
Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
you have any questions, please contact me at (949) 443-6309.
retary
cc: Douglas Dumhart, Economic Development Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
0 anted on mo co d wpe.
WWI
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
POLJCYNWSER
POLICY EFFECTIVE
POLICY EAPNATION
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GENERAL LIABILITY
EACH OCCURRENCE f 1,000,000
X COMMERCIALGENERALUABLITY
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03/15/03
03/15/04
DNIAGETaRENTEo - f
CLAIM MADE FXI OCCUR
MED EXP tAm o f
PERSONAL L ADW MARY f 1,000,000
GENERAL AGGREGATE f 1,000,000
GEHLAGOREGATE LIMB APPLIES PER
PRODUCTS -COMP,OP AGO f 11000,000
PpJCY PRO l6
AUTOMOGLE
LIABILITY
COMBINED SINGLE LIMR f
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DESCRIPTION OF OPERATIONS ILOCATIONS IVEHICLES I EXCLUSIONS ADDED SY ENOORSE—MTI SPECIAL PROVISIONS
NAMED ADDITIONAL INSUREDS: COMMUNITY DEVELOPMENT AGENCY AND THE CITY OF SAN
JUAN CAPISTRANO, 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 92675
*ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED ONLY*
(ENDORSEMENT TO POLICY IS BEING PROCESSED & WILL BE FORWARDED ONCE COMPLETED)
EVENT: FARMERS' MARKET
THE CITY OF SAN JUAN
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO,
ACORD 25 (2001/08)
aura 14 u x ANLJSIIOND ANY OF THE ABOVE DESCRIBE) POLICIES SE CANCELLED BEFORE THE EAPIRATION
CAPISTRANO, CA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 30 DAYSWRITTEN
NOTICE TO THE CERTIFICATE HOLDEN WANED TO TILE LEFT, BUT FAILURE TO DO SO SHALL
CA 92675 — - - NPOSE NO OBLIGATION OR LIABILITY OF ANY IIID UPON THE NSURE0. ITS AGENTS OR
CORPORATION 18
Sep 05 2003 3•:OGPM mLLIED SPECIALTY INSURANCE -367-1407 _. p.2
POLICY NUMBER: OOM3LF7431 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS OR OTHER INTERESTS
FROM WHOM-LAN-D-HAS-SEENLEASED-
This endorsement modifies insurance -provided under the following: -
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDUI E
Designation of Premises (Part Leased to You): 32400 PASEO ADELANTO
SAN JUAN CAPISTHANO,. CK 92675-,
Name of Person or Organization: - COH@IONITT DEVELOPMENT AGENCY AND
THE CITY OF SAN JUAN CAPISTRANO -
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(if no-entryappearsabwe information required to complete this endorsement w71 he shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (-SectiorrN� is -amended to This insurancedoes noYapplyto:-
include as an insured the person or organization 1. Any "occurrence" which takes place after you
showninthe5chedulebu2onlysvithrespect toliability - cease to lease that land;
arising out of the ownership, maintenance or use of
that part of the land leased to you and shown in the 2. Structural alterations, new construction or
Schedule and subject to the following additional demolition operations performed by or on behalf
exclusions: of the person or organization shown in the
Schedule.
ONIX AS RESPECTS THE OPERATIONS OF THE NAMED INSURED ONLY PERTAINING TO
THE FARMERS MARKET
CG 20 24.1165, - Copyright, InsuranceServices Office, Inc., 1984 0
CRA 3/2/2004
CRA AGENDA REPORT B 3
TO: Dave Adams, Executive Director
FROM: Douglas Dumhart, Economic Development Manager
SUBJECT: Consideration of Memorandum of Understanding for the Farmer's Market.
(Old Capistrano Merchants Association)
RECOMMENDATION:
By motion, approve the Memorandum of Understanding for the Farmer's Market for an
additional year from March 4, 2004 through March 4, 2005.
SUMMARY:
The Old Capistrano Merchants Association (OCMA), a partnership affiliate of the San Juan
Capistrano Chamber of Commerce, received City Council approval for a weekly "Farmer's
Market" in the downtown March 4, 2003. The Farmer's Market has been independently
operated by a Farmer's Market Manager, working on behalf of the OCMA, and responsible
for the weekly set up, maintenance, and coordination of the market and site.
To facilitate this program, a Memorandum of Understanding (MOU) was drafted forthe City
Council's and Community Redevelopment Agency Board's consideration. The MOU
outlined provisions for use of the Esslinger parking lot and defined the role of both the City
and the OCMA. As part of that approval the Farmer's Market was required to be evaluated
after a period of six months in order to allow the City to assess the impacts to the
downtown. City Council received the six month evaluation on November 4, 2003 and
approved the continuance of the Farmer's Market.
Staff is recommending that the City Council approve the continuance of the Farmer's
Market for an additional term by approving the attached MOU between the City of San
Juan Capistrano, San Juan .Capistrano Community Redevelopment Agency, the Old
Capistrano Merchants Association, and the San Juan Capistrano Chamber of Commerce.
BACKGROUND:
The MOU establishes the terms, duties and responsibilities for conducting the Farmer's
Market in Downtown. Below is a listing of key points in the MOU:
Start Date: April, 2003
Term of MOU: March 4, 2003 to March 4, 2004. Proposed extension to March 4,
2005,
FOR CITY COUNCILAGENDAL�k
0
0
Agenda Item March 2, 2004
Page 2
Frequency: Every Wednesday, from 3-7 p.m. (Set up time will begin as early as
2 p.m. and end no later than 8 p.m.) Rain or shine.
Location: The public parking lot behind Esslinger Building and Yorba Street.
This lot is owned by the CRA and is the primary location for downtown
employee parking.
Set Up: The OCMA blocked off the entire Esslinger Parking Lot comprised of
40 parking spaces in order to showcase up to 25 vendors. Each
vendor generally needed a space of 15' x 15'. Automobile access
into the "market area" is limited to vendors only. Customers must
park in the lots adjacent to the market area and in public spaces
distributed throughout the downtown area.
Signage: A variety of signage is required for this program including: street
closure signs and advance posting of "No Parking" signs in the
Esslinger lot.
Street closures: To create a safe walking route from adjacent parking lots and Camino
Capistrano, Yorba Street (between Camino Capistrano and EI
Camino Real) was closed. EI Camino Real remains open.
Products For Sale: Farmer's Market products typically included such items as organic
and regular vegetables, fish, bakery items, spices, fruits, nuts, dried
fruit, salsa, flowers, eggs, candy, candied popcorn, herbs, mulch,
plants, and soaps. Vendors may sell other products; however, they
must be grown or made by the vendor and approved by either the
County Agricultural Department orthe County Health Department, or
both.
Fund-raising: Funds generated by the OCMA (a portion of sales proceeds) are
planned to be used for future downtown enhancement programs.
During the Farmer's Market, the OCMA also sets up a Shop & Dine
booth allowing local merchants to make coupons, fliers, and special
event notices available to event patrons.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
0
Agenda Item
Page 3
None.
FINANCIAL CONSIDERATIONS:
None.
PUBLIC NOTIFICATION:
Chamber of Commerce
OCMA
ALTERNATE ACTIONS:
is
March 2, 2004
By motion, approve the Memorandum of Understanding for the Farmer's Market for
an additional year from March 4, 2004 through March 4, 2005.
2. By motion, approve the Memorandum of Understanding for the Farmer's Market for
an additional year from March 4, 2004 through March 4, 2005; subject to
modifications.
3. Continue the item and direct staff to return with further information on specified
issues.
RECOMMENDATION:
By motion, approve the Memorandum of Understanding for the Farmer's Market for an
additional year from March 4, 2004 through March 4, 2005.
Respectfully submitted, L
Douglas Dumhart
Economic Development Manager
DD:Ia
Attachments: 1. Memorandum of Understanding
0
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 RedevelopmentAgency (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, 2004 to March 4, 2005 (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
f:
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 fanning 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
ATTACHMENT
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE 2
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.
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE 3
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
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 Reauirements.
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,
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE 4
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.
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.
0 0
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE 5
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 Equilization 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 Fanners Market.
SECTION 10. Notice.
Written notification regarding this Memorandum of Understanding will be given in writing
as follows:
Citv
Douglas D. Dumhart
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, Executive Director
31781 Camino Capistrano, Suite 306
San Juan Capistrano, CA 92675
MEMORANDUM OF UNDERSTANDING
FARMERS MARKET
PAGE
IN WITNESS WHEREOF, the parties hereto have executed
March, 2004.
Executive Director
SJC Chamber of Commerce
Executive Director on behalf of Agency
SJC Community Redevelopment Agency
Approved as to Form
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Old Capistrano
Memorandum the 2nd of
Assoc.
City Manager on behalf of City
City of San Juan Capistrano
Attest:
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NOTIFICATION OF MEETING OF POTENTIAL INTEREST
SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY
The Board of Directors of San Juan Capistrano Community Redevelopment Agency will
meet at 7:00 p.m. on March 2, 2004, in the City Council Chamber in City Hall, to
consider: "Consideration of Memorandum of Understanding for the Farmer's
Market (Old Capistrano Merchants Association)" — Item No. 133
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the Board of
Directors through correspondence addressed to the Board and/or by attending the
meeting and speaking to the Board during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, March 1, 2004 to allow time for the Board to consider its content.
If you would like to speak at the meeting, please complete a blue "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Chairman
when the item is considered.
You have received this notice at the request of the City staff member Douglas D.
Dumhart, Economic Development Manager. You may contact that staff member at
(949) 443-6316 with any questions.
The Community Redevelopment Agency agenda is available to you on the City's web
site: www.sanjuancapistrano.org.
Thank you for your interest,
Meg Monahan, CMC
City Clerk
cc: Chamber of Commerce; Old Capistrano Merchants Association; Douglas D.
Dumhart, Economic Development Manager
Received staff report
32400 Paseo Adelanto
San Juan Capistrano
California 92675
949-493-1171