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04-0404_OLD CAPISTRANO MERCHANTS ASSOCIATION_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, 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 0 0 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. 0 0 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 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, 0 0 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: C& 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 6 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum the 2nd of March, 2004. i11, i./.iii SJC Chamber of Commerce Old Capistrano Executive Director on behalf of Agency City Manager on behalf of City SJC Community Redevelopment Agency City of San Juan Capistrano Approved as to Form Attest: a 4.� City Attor y • Page 1 of 1 Maria Guevara From: Mitzi Ortiz Sent: Friday, April 01, 2005 3:21 PM To: Maria Guevara Subject: Close Agreement Maria, If you have not already done so, please close out the following MOUs: • 2004 Farmer's Market MOU between City and Old Capistrano Merchant's Association • 2004 Farmer's Market MOU between CRA and Old Capistrano Merchant's Association . 2004 Fiesta de las Golondrinas MOU between City and SJC Fiesta Association (2006 sticker) Thank you so very much! Mitzi 4/4/2005 ACO -RD- CERTIFICP OF LIABILITY INSU� NCE 5" 3/ PRODUCER Three County Insurance S vices THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 106 N. El Camino Real ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Clemente CA 92672 INSURERS AFFORDING COVERAGE INSURED INSURER& Travelers Insurance Co. San Juan Capistrano Chamber of Commerce INSURER B: INSURER C: 131781 Camino Capistrano #306 INSURER D: San Juan Capistrano 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. INSRTYPE LTR OF INSURANCE POLICY NUMBER POLICY EFFECTIVE GATE MMIDD/YY POLICY EXPIRATION DATE WDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1'000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE OCCUR MED EXP (My we person) $ 5,000 A X -660 -9890A258 -TCT -05 4/20/2005 9/20/2006 PERSONAL IADVINJURY $ 1,000,00 0 GENERAL AGGREGATE S 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY PRO- LOC X JECT -- AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ I _ BODILY INJURY I ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ 4 BODILY INJURY (Per amitlem) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO _ $ AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND WUYV OR TAT - - TORLIMITS ER EMPLOYERS LIABILITY ' E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATK)NS20CATIONSNEMCLEVEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED. PLEASE SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT, CITY OF SAN JUAN CAPISTRANO'AND CITY OF SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO H: LPW OAS on 511 a'05.16:16 by UserN=e CA 92675 SHOULDANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 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 (J cr V , O ACORD CORPORFON 1988 LP: LPW OSS on 5113/05 - 16:16 by UserNanne / PF v1.0.1 Policy # X -660 -9840A258 -TCT -05 0 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 DAT ACORD�. CERTIFIC OF LIABILITY INSUONCE 4/20/2004 , 4/20/2009 PRODUCER THREE COUNTY INSURANCE SERVICE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 10 6 NEL GAMING REAL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN CLEMENTE CA 92672 INSURERS AFFORDING COVERAGE (949) 361-0456 San Juan Capistrano Chamber of Commerce INSURER B: 3'.781 Camino Capistrano INSURER Suite 306 MVPZRD San Juall Capistrano CA 92672 "URERE: 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 URN TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAUS. L R TYPE OF SLSURANCB POLICY NUMBER DATE,"FOWI POLIO tMIAODPNY) LIMITS EACH occuaRENCE I t 1,000,0001 GENERAL VAB8ITY X COLAbNERCML 6ENEPPL LUBILRY FIRE OHMGE(M, cuMe MADB [ j OCCUR MED E1w t M9 SOP -1700282-01 4/20/2004 4/20/2005 PERSONAL a ADV Wy�n AGGREGATE LRMpR. APPLES PER: J POLICY nL_J JEprT ❑ LOC \, WTONOBILE LIABLIT/ ANYAUTO 1 WGLE LAIR Ea eoddpM ! ALL OWNED AUTOS W BCHELED AUTO) EbDILY WURY (P-� PANEbN1) ! HIRED AUTOS NON-OWHED AUTOS BODILY HAIRY (?- WINN ! PROMY AMAGE ! '-- GARAGEI USK rTY AUTO ONLY -PA ACCENT 7 OTHER THAN FA ACC ! ANY ALTO ! AUTO ONLY. AGO PJOC MS LmBWTY EACH OCCURRENCE t ! AGGREGATE Is OCCUR F-1 CLAM MADE S DEDUCTIBLE I! ! RETENRIN S WORKER/ CONPWSATLCHAND -WC RTU• OTW ER �, ...... .....�.�... EMPLOYERS' LIABEJTY EL b"ME -POUCY LMR I ! DESCRrrON OF OPEMTIONMACATION6NIHICLESIE7(CLUSgNE ADDED BY ENOOR36AIRWISPEG Certificate Holder is named Additional Insured. please see attached Additional Insured Endorsement. •Vvv, ,000, MOULD ANY OF TI♦! ABOVE DESCRIBED POLICIES BE CANCILLm BEFORE THE EXPIRATION City of San Juan Capistrano DATE THEREOF, THE OWHO INSURER WALL ENDEAVOR TO NAL 30 DAYSwRRTEH City of San Juan Capistrano - NOTICE TO TW CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FALIRIE TO DO 60 SMALL Redevelopment Agency M►oSBIOOBLIGATION ORUADOMOFANYKwouroNT 96VRIR,RSADEHr%OR 32400 Paseo Adelanto ReIBESENrATLVEL ////..�TT� San Juan Capistrano CA 92675 ����E�AIIV r6 ACORD 2S-8 (7N7) Ci'/A'L B ACORD CORPORATION BS LM: LPW A.P.$ M 42004-16:64 bT UMfNNW UP: LPW v1,98 m AMOOd -16:03 6Y UHYNA 04/20/2004 04:14.9 510183, Policy SBOP-1700282 -01 PAGE 03 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 wNl be shown in tN Declarations as applicable to this endorsement) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organizaboi shown in the Schedule, but only with respect to liability arising out of "your work" for that Insured by or fc YOU - Authorized epresentative CWY4^ r..,r. swww oek�, W. IM Co m to I Its 04/2004 Z d MSM109 ON/7Z:6 "1S/7Z_6 7002 lZ 0 (03M) 0003 0 0 Maria Guevara From: Maria Guevara Sent: Tuesday, April 06, 2004 1:57 PM To: Douglas Dumhart Subject: Insurance 13 FYI- The Chamber of Commerce will go on the non-compliance list next week, their general liability & endorsement form for the Farmers Market expired on March 15th. Thanks, Maria Guevara, Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 u 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 1FLVIV. sanjuancapistrano. org February 4, 2004 Jam► � IID�NIIIII • numMn � 1961 1776 Chamber of Commerce (Old Capistrano Merchants Association) P.O. Box 1878 San Juan Capistrano, CA 92693 MEMBERS OF THE CITY COUNCIL DANE L BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER RE: Compliance with Insurance Requirements — Farmers Market The following insurance documents are due to expire: ✓ General Liability Certificate 03/15/2004 ✓ General Liability Endorsement Form naming the City of San Juan Agency as additional insureds. FAMEIAGISSON ✓ Other Information Please list the City and Community Redevelopment Agency as certificate holders. Please submit uodated documentation to the City of San Juan Capistrano, attention City k's office, WOO Paseo Adelanto, San Juan Capistrano, CA 92675 by the above CI ffi1rat(on dateo.j date.If you have any questions, please contact me at (949) 443-6309. cc: Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 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 WTTI 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 POLICY NUMBER POLICY EFFECTIVE POLICY E -0S TKR LNM GENERAL LIABILITY X COMMERCIAL GENERAL I IAN TY CLAIM MADE aOCCUR M3LF7431 03/15/03 03/15/04 EACH OCCURRENCE f 1,000,000 DAMAGETOREHiED f MED EXP VMom f PERSONALSADVINJURRY f 1,000,000 GENERUADGRECATE $ 1,000,000 GEHL AGGREGATE UMIT APPLES PER PROOlC7S-COMPIOP AGO S 1,000,000 POLICY P'Ra Loc AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LMR f ma o=wo" O BOOLV INJURY f (PSlpM l ALL OWNED AUTOS SCHEDULED AUTOS BODILY NAIRY f Por 206" HIREDAUTOS NON-ONWEDAUTOS (PAmryn g y f GARAGE LIAR ALN OtOffikAOCESIT THEN �< E�cACC ANYAUTO AUTOORQ` I AGG EXCESSNMBREUA LIABILITY OCCUR FiCLAMS MADE EACH O'i47 R ENCS r AGGR ELI 2 - DEDUCTIBLE Co Is RETENTION f WORKERS COMPENSATION VA: STATU- STS I E.L. FACH ACCIDENT i EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERI ECUTNE OFRCERMEMBER EXCLUDED/ E.L. DSEASE-EA EMPLOYEE i S t, MRG11W 1uk4 E.L. DISEASE-POLIC'/UMR 12 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ 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 CAPISTRANO, CA 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER VILL ENDEAVOR TO EVIL 30 DAYSWRRTEN NOTICE TO THE CERTIFICATE HOLDEN NAMED TO THE LEFT. BUT FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RAID UPON THE NSUNE& ITS AGENTS OR ACORD CORPORATION 11 ` Sep -05 8003 3:OGPM ALLIED-SPECIRLTY INSURRNC -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 �R0111f WHOM LAND- HAS-BEEN LEASED - This endorsement modifies insurance -provided under the following -- COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEALIkE Designation of Premises (Part Leased to You): 3�400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 - Name of 2675- Name-of Person or Organization: - COMMUNITT DEVELOPMENTAGENCYAND THE CITY OF SAN .7UAN CAPISTRANO 32400 PASEO-ADELAFTO---- 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.) Wt+U-IS AN INSURED (-SectiarrH} is -amended to This i=rance, does not appty7m, include as an insured the person or organization 1. Any "occurrence" which takes place after you shownin the Schedule but only -with respectto liabiUty _ _ arising out of the ownership, maintenance or use of cease to lease that land; 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. ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED ONLY PERTAINING TO THE FARMERS MARKET CG 20 241185- Copyright, Insurance -Services Office, Inc., 1984 13 ►I 32400 PASEO ADEI—ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX www.sanjuancapistrano.org March 6, 2004 �twift Inmavacattu ISIR msam 1961 1776 Old Capistrano Merchants Association 26782 Via Socorro San Juan Capistrano, CA 92675 r� u MEMBERS OF THE CITY COUNCIL DIANE L. SATHGATE JOHN S. GELFF WYATT HART JOE SOTO DAVID M. SWERDLIN CITY MANAGER DAVEADAMS On March 2, 2004 the City Council and the Board of Directors of the Community Redevelopment Agency approved a Memorandum of Understanding related to holding the Farmer's Market through March 4, 2005. A copy of that agreement is enclosed for your records. Thank you for maintaining your insurance documentation current with our office. Please keep in mind it must remain current, or terms under this agreement must stop until it is brought current. You may proceed with work under this agreement in coordination with the Douglas Dumhart, Economic Development Manager (949) 443-6316. Yours truly, IrZ7--,�V '� Meg(Monihan, CMC City Clerly enclosed: Agreement cc: San Juan Capistrano Chamber of Commerce Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 3/2/2004 AGENDA REPORT D 5 TO: Dave Adams, City Manager 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 ofthe San Juan Capistrano Chamber of Commerce, received City Council approval fora 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 Chamberof 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 COUNCILAGENDA�R 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 or the 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 0 Agenda Item Page 3 None. FINANCIAL CONSIDERATIONS: None. PUBLIC NOTIFICATION: Chamber of Commerce OCMA ALTERNATE ACTIONS: March 2, 2004 1. 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 forthe 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. Res ctfully submitted, 0.- 1140 Aclor� Douglas Dumhart Economic Development Manager DD:Ia Attachments: 1. Memorandum of Understanding 0 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 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 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 Farmers 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. 0 0 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 Ciity's official website. - Information regarding the OCMA Farmer's Marketwill be included in the City'swater 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 liabilityto the CityClerk's office for certification that the insurance requirements of this Agreement have been satisfied. SECTION S. 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: IPA 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 6 IN WITNESS WHEREOF, the parties hereto have executed March, 2004. A Executive Director SJC Chamber of Commerce Executive Director on behalf of Agency SJC Community Redevelopment Agency Approved as to Form s Old Capistrano Memorandum the 2nd of Assoc. City Manager on behalf of City City of San Juan Capistrano Attest: City Attorney City Clerk 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www. sanjuancapislrano.org n(xxvxwa ID • r�usxrx 1961 1776 MEMBERS OF THE CITY COUNCIL CITY MANAGER NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF WYAT HART JOESOTO DAVID M. SWERDLIN DAVE ADAMS The City Council of San Juan Capistrano 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. D5 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 City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council 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 Council 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 Mayor 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 agenda, including agenda reports, is available to you on our web site: www.sanwuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas()sanivancapistano.org. Meg Monahan, CMC City Clerk cc: Chamber of Commerce; Old Capistrano Merchants Association; Douglas D. Dumhart, Economic Development Manager Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future