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05-0301_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 Downtown San Juan Capistrano. SECTION 1. Description of Event. OCMA will conduct a once weekly open-air Farmer's Market selling products directly from the farm to create urban vitality and street life in the downtown. The vendors will only sell what they grow and produce such as, fruits, nuts, vegetables, grains, dairy products, syrups, honey, meat, fish and flowers. Term: The term of this Memorandum shall be from March 4, 2005 to March 4, 2006. Frequency: Every Wednesday, from 3-6 p.m. (Set up allowed to begin at 2 p.m. and end no later than 8 p.m.) Rain or shine. Location: Primarily on Yorba Street between Camino Capistrano and EI Camino Real and a portion of the Veteran's Park as needed. Street closures: Yorba Street between Camino Capistrano and Camino Real will be closed. Set Up: The event may have as many vendors that can reasonably, safely and legally be allowed to reside in the location, and no more than 40. The event will start with a minimum of 20 vendors. Automobile access into the "market area" will be limited to vendors only. No permanent improvements are allowed for this event. Each vendor area will consist of sufficient spaces for a vehicle, table for display of projects, and a canopy. SECTION 2. The Role of the Chamber and OCMA. The role of the Chamber and OCMA shall consist of: Farmers that engage in the sale of farming goods shall be required to meet all license requirements and/or sales permit regulations as stipulated by the City's Municipal Code. SD 0 0 MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE The OCMA shall provide a copy of the contract between the OCMA and private Farmer's Market Manager with contact information so that the City can ensure and enforce safe operations of the event. The OCMA shall submit evidence of insurance for the operations of a weekly Farmer's Market in accordance with Section 4 below. The OCMA shall name the City and CRA as additionally insured. The OCMA shall promote and market the event. A program for "set up of the event and tear down of event" shall be submitted to the City for approval two weeks prior to first event date. The OCMA shall submit evidence two weeks prior to first event that all permits required by the Orange County Health Department and County Department of Agriculture have been obtained. A refundable "one-time" deposit of $500 shall be submitted to the City to provide .funds to ensure that site is maintained, free of debris, and returned to original or better condition within 2 hours following each event. During the months of June, July, August, and September, the OCMA and its Farmer's Market Manager shall cooperate with the City of San Juan Capistrano in order to accommodate the San Juan Summer Nites Concert Series and Shop & Dine Expo. OCMA shall provide notification to all merchants two weeks prior to the first Farmer's Market and shall be provided in the form of a flier directed to all historic downtown tenants located along Camino Capistrano (south of Ortega Highway to Del Obispo), and tenants located along Camino Real from Forster to Ortega Highway and along Verdugo. The OCMA Farmer's Market may provide its own electricity through free standing generators or connect to existing electrical panels located in the area. Use of City electricity shall require two weeks prior to the first event. OCMA and Farmer's Market Manager will agree to provide a vendor space for any San Juan Capistrano grown, farming goods representative. SECTION 3. The role of the City of San Juan Capistrano. In exchange for the OCMA's effort and dedication to attract residents into the downtown, the City of San Juan Capistrano will provide support to the Farmer's Market 9 0 MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 3 in the form of the following items: a.) Public Works assistance with the weekly closure of Yorba Street. This includes the delivery of necessary signs and temporarily the posting of signs indicating a street closure. At a future date, and at which time it is deemed acceptable by the City's traffic engineer, the street closure may be posted and manned by the OCMA Farmers Market Manager. Public Works assistance with the installation of new parking lot signs indicating parking regulations and a weekly Farmers Market. b.) Support with information placed on the City's official website. c.) Information regarding the OCMA Farmer's Market will be included in the City's water bill once each quarter during the first year. d.) Approval to use of downtown light pole brackets to allow for Farmers' Market decorative flags to be installed prior to the event. e.) Assistance to the OCMA by providing informational materials and brochures for display as necessary in order to promote local shopping and dining. SECTION 4. Insurance Reauirements. The Chamber, on behalf of the OCMA, shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts specific to the Farmer's Market: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Proof of liability insurance shall be in the form of. (1) an insurance certificate; and (2) an endorsement liability form. The City and Redevelopment Agency shall be added as additionally insured to the insurance policies required under this Memorandum of Understanding. These policy/policies shall not terminate nor shall they be canceled, nor the coverage reduced throughout the duration of the Farmer's Market. The OCMA shall provide the City 30 days advance written notice regarding changes to this coverage. MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 4 SECTIONS. 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. SECS 7. There shall be no assignability or transfer of this contract between CRA, City, Chamber and OCMA to promoter or third party whether voluntarily or involuntarily. SECTION 8. All vendors that sell taxable items shall maintain all instruments required by Section 6073 and 6073.1 of the California Revenue and Taxation Code, including but not limited to the State Board of Equalization multi-purpose form BT - 410-D (local tax allocation for temporary sales locations). SECTION 9. Either party reserves the right to cancel the program, but shall provide thirty days notice and notification. SECTION 10. Written notification regarding this Memorandum of Understanding will be given in writing as follows: City of San Juan Capistrano ATTN: City Manager's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Old Capistrano Merchants Association: ATTN: President 32332 Camino Capistrano Suite 201 San Juan Capistrano, CA 92675 San Juan Capistrano Chamber of Commerce: ATTN: Executive Director 31781 Camino Capistrano San Juan Capistrano, CA 92675 MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE IN WITNESS WHEREOF, the parties hereto have read and understood their obligations in this Memorandum of Understanding and have caused this understanding to be executed on the 1st day of March, 2005. SJC Chamber of Commerce: Stan z ski, Executive Director Community Redevelopment Agency CAA/V-- Dave Adams, Executive Director Approved as to Form John Sh Attorney Old Capistrano Merchants Assoc.: City of San Juan Capistrano Dave Adams, City Manager Attest: M rg ret R. Monahan, City Clerk 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX www.sanjuancapistrano.org March 2, 2005 San Juan Capistrano Chamber of Commerce 31781 Camino Capistrano San Juan Capistrano, CA 92675 Attention: Mr. Stan Wylazlowski And Old Capistrano Merchants Association 32332 Camino Capistrano, Ste 201 San Juan Capistrano, CA 92675 Attention: Debra Campbell Dear Mr. Wylazlowski and Ms. Campbell: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Enclosed is an original executed Memorandum of Understanding for the Organizational Responsibilities of the San Juan Capistrano Farmers Market. Thank you for maintaining with our office current documentation that you meet the terms of insurance for this agreement. Please keep in mind this documentation must be maintained current under our agreement. You may proceed with the terms of this agreement in coordination with the Project Manager, Douglas Dumhart, Economic Development Manager (949) 443-6316. Yours truly, M Mon an, CMC ty Clerk encl Aoreemer cc: Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 9 AGENDA REPORT TO: Dave Adams, City Manager 91\ 3/11/2005 D7 FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of Memorandum of Understanding for the Farmer's Market from March 4, 2005 through March 4, 2006. RECOMMENDATION: By motion, approve the Memorandum of Understanding for the Farmer's Market for an additional year from March 4, 2005 through March 4, 2006; and authorize the Executive Director to execute the Agreement SUMMARY: Old Capistrano Merchants Association (OCMA), a partnership affiliate of the San Juan Capistrano Chamber of Commerce, received City Council approval for a once weekly "Farmer's Market" in downtown. The Farmer's Market has been independently operated by a Farmer's Market Manager, working on behalf of the OCMA, and responsible for the set-up and tear -down maintenance, and coordination of the Market and site. The Farmer's market has been operating for two years. To facilitate this program a Memorandum of Understanding (MOU) was prepared for the City Council and Community Redevelopment Agency consideration. The MOU outlines the provisions for use of Yorba Street and Veterans Park. It also defines the role of both the City and OCMA. Staff is recommending approval of the attached MOU and continuance of the Farmer's market for another year. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: N/A FINANCIAL CONSIDERATIONS: N/A PUBLIC NOTIFICATION: OCMA* Chamber of Commerce* Agenda Report Paae 2 RECOMMENDATION: March 1, 2005 By motion, approve the Memorandum of Understanding for the Farmer's Market for an additional year from March 4, 2005 through March 4, 2006; and authorize the Executive Director to execute the Agreement Respectfully submitted, ��l.! 1044401'z� Douglas Q' Dumhart Economic Development Manager DDD/tt Attachment: 1. Memorandum of Understanding F 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 Downtown San Juan Capistrano. SECTION I. Description of Event. OCMA will conduct a once weekly open-air Farmer's Market selling products directly from the farm to create urban vitality and street life in the downtown. The vendors will only sell what they grow and produce such as, fruits, nuts, vegetables, grains, dairy products, syrups, honey, meat, fish and flowers. Term: The term of this Memorandum shall be from March 4, 2005 to March 4, 2006. Frequency: Every Wednesday, from 3-6 p.m. (Set up allowed to begin at 2 p.m. and end no later than 8 p.m.) Rain or shine. Location: Primarily on Yorba Street between Camino Capistrano and EI Camino Real and a portion of the Veteran's Park as needed. Street closures: Yorba Street between Camino Capistrano and Camino Real will be closed. Set Up: The event may have as many vendors that can reasonably, safely and legally be allowed to reside in the location, and no more than 40. The event will start with a minimum of 20 vendors. Automobile access into the "market area" will be limited to vendors only. No permanent improvements are allowed for this event. Each vendor area will consist of sufficient spaces for a vehicle, table for display of projects, and a canopy. SECTION 2. The Role of the Chamber and OCMA. The role of the Chamber and OCMA shall consist of: Farmers that engage in the sale of farming goods shall be required to meet all license requirements and/or sales permit regulations as stipulated by the City's Municipal Code. ATTACHMENT 9 MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 2 The OCMA shall provide a copy of the contract between the OCMA and private Farmer's Market Manager with contact information so that the City can ensure and enforce safe operations of the event. The OCMA shall submit evidence of insurance for the operations of a weekly Farmer's Market in accordance with Section 4 below. The OCMA shall name the City and CRA as additionally insured. The OCMA shall promote and market the event. A program for "set up of the event and tear down of event" shall be submitted to the City for approval two weeks prior to first event date. The OCMA shall submit evidence two weeks prior to first event that all permits required by the Orange County Health Department and County Department of Agriculture have been obtained. A refundable "one-time" deposit of $500 shall be submitted to the City to provide funds to ensure that site is maintained, free of debris, and returned to original or better condition within 2 hours following each event. During the months of June, July, August, and September, the OCMA and its Farmer's Market Manager shall cooperate with the City of San Juan Capistrano in order to accommodate the San Juan Summer Nites Concert Series and Shop & Dine Expo. OCMA shall provide notification to all merchants two weeks prior to the first Farmer's Market and shall be provided in the form of a flier directed to all historic downtown tenants located along Camino Capistrano (south of Ortega Highway to Del Obispo), and tenants located along Camino Real from Forster to Ortega Highway and along Verdugo. The OCMA Farmer's Market may provide its own electricity through free standing generators or connect to existing electrical panels located in the area. Use of City electricity shall require two weeks prior to the first event. OCMA and Farmer's Market Manager will agree to provide a vendor space for any San Juan Capistrano grown, farming goods representative. SECTION 3. The role of the City of San Juan Capistrano. In exchange for the OCMA's effort and dedication to attract residents into the downtown, the City of San Juan Capistrano will provide support to the Farmer's Market MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 3 in the form of the following items: a.) Public Works assistance with the weekly closure of Yorba Street. This includes the delivery of necessary signs and temporarily the posting of signs indicating a street closure. At a future date, and at which time it is deemed acceptable by the City's traffic engineer, the street closure may be posted and manned by the OCMA Farmers Market Manager. Public Works assistance with the installation of new parking lot signs indicating parking regulations and a weekly Farmers Market. b.) Support with information placed on the City's official website. c.) Information regarding the OCMA Farmer's Market will be included in the City's water bill once each quarter during the first year. d.) Approval to use of downtown light pole brackets to allow for Farmers' Market decorative flags to be installed prior to the event. e.) Assistance to the OCMA by providing informational materials and brochures for display as necessary in order to promote local shopping and dining. SECTION 4. Insurance Requirements. The Chamber, on behalf of the OCMA, shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts specific to the Farmer's Market: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Proof of liability insurance shall be in the form of: (1) an insurance certificate; and (2) an endorsement liability form. The City and Redevelopment Agency shall be added as additionally insured to the insurance policies required under this Memorandum of Understanding. These policy/policies shall not terminate nor shall they be canceled, nor the coverage reduced throughout the duration of the Farmer's Market. The OCMA shall provide the City 30 days advance written notice regarding changes to this coverage. MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 4 SECTION 5. Indemnification. The Chamber, OCMA, and Farmers Market shall defend, hold harmless and indemnify the City and its officers and employees and the Redevelopment Agency against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of the Farmer's Market in its operations under this Memorandum of Understanding. SECTION 6. At all times during the term of this Memorandum, the OCMA, SJC Chamber, and Farmer's Market manager shall be independent rendered pursuant to this Memorandum. All persons employed to provide services under this Memorandum shall be employees or contractors of Chamber and shall not be deemed employees of City for any reason or purpose. SECTION 7. There shall be no assignability or transfer of this contract between CRA, City, Chamber and OCMA to promoter or third party whether voluntarily or involuntarily. SECTION 8. All vendors that sell taxable items shall maintain all instruments required by Section 6073 and 6073.1 of the California Revenue and Taxation Code, including but not limited to the State Board of Equalization multi-purpose form BT - 410-D (local tax allocation for temporary sales locations). SECTION 9. Either party reserves the right to cancel the program, but shall provide thirty days notice and notification. SECTION 10. Written notification regarding this Memorandum of Understanding will be given in writing as follows: City of 5an Juan Capistrano ATTN: City Manager's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Old Capistrano Merchants Association: ATTN: President 32332 Camino Capistrano Suite 201 San Juan Capistrano, CA 92675 San Juan Capistrano Chamber of Commerce: ATTN: Executive Director 31781 Camino Capistrano San Juan Capistrano, CA 92675 0 MEMORANDUM OF UNDERSTANDING FARMERS MARKET PAGE 5 IN WITNESS WHEREOF, the parties hereto have read and understood their obligations in this Memorandum of Understanding and have caused this understanding to be executed on the 1st day of March, 2005, SJC Chamber of Commerce: Stan Wyloj6vkil Executive Director Community Redevelopment Agency 1N --- Dave Adams, Executive Director Approved as to Form — Q z7k-- John ShalN,City Attorney Old Capistrano Merchants Assoc.: &L" Debra Campbell, P esident City of San Juan Capistrano (@+.,f 0A Dave Adams, City Manager Attest: Margaret R. Monahan, City Clerk 32400 PASEO ADEI ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 Ei www..Yanjuancapistrano.org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 1, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Memorandum of Understanding for the Farmer's Market from March 4, 2005 through March 4, 2006." — Item No. D7 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, February 28, 2005 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 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.sanluancapistrano.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-agendasasanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: Old Capistrano Merchants Association'; Chamber of Commerce'; Douglas Dumhart, Economic Development Manager ' Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recycled paper