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16-0719_CHAMBER OF COMMERCE_F11_Agenda ReportTO : FROM: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~n Siegel, City Manager 7/19/2016 F11 SUBMITTED BY: Jacob Green, Assistant City Manager ~ DATE: SUBJECT: July 19, 2016 Consideration of Agreements with the San Juan Capistrano Chamber of Commerce for Fiscal Years 2016-17 and 2017-18 for Visitor Information Services, Use of the T J Meadows Building, and Conducting Downtown Farmers' Market RECOMMENDATION: By motion, 1. Authorize the City Manager to execute a two-year extension of the Funding Agreement with the San Juan Capistrano Chamber of Commerce ("Chamber") for visitor information services for Fiscal Years 2016-17 and 2017-18 in the amount of $25,000 for each year to include the use of the T J Meadows Building located at 31421 La Matanza at a rate of $954 per month for Fiscal Year 2016-17 and $954 plus an applicable CPI rate increase per month for Fiscal Year 2017- 18;and 2. Authorize the City Manager to execute a two-year extension of the License and Indemnity Agreement with the Chamber for the use of Yorba Street and Veterans' Park to conduct Downtown Farmers' Market for Fiscal Years 2016-17 and 2017-18. EXECUTIVE SUMMARY: Since 1995, the City has partnered with the Chamber to provide visitor information services and economic development programs for residents, businesses, and visitors. An existing Funding Agreement (Attachment 1) in the amount of $25,000 enables the Chamber to provide these services and defines the Chamber's ability to operate out of the T J Meadows Building at a current reimbursement rate of $935 per month. Staff is recommending an increase of this reimbursement rate utilizing the US Department of Labor-All Urban Consumers Index for the current fiscal year and the following fiscal City Council Agenda Report July 19, 2016 Page 2 of 4 year. Additionally, a License and Indemnity Agreement (Attachment 2) enables the Chamber to conduct open-air Farmers' Market events to further generate economic activity in Downtown San Juan Capistrano . The recommended actions will continue services through June 30, 2018 (two-year agreements). DISCUSSION/ANALYSIS : The Chamber currently partners with the City to provide a variety of visitor information services and economic development programs as outlined in the attached Funding Agreement, and is provided a license to operate in the T J Meadows Building. Additionally, the Chamber is party to a License and Indemnity Agreement for the use of Yorba Street and Veterans' Park to conduct a Farmers' Market on a weekly basis. Funding Agreement-Visitor Information Services and Office License Since 1995, the City has provided the Chamber annual funding assistance to offset expenses associated with visitor information services and economic development programs. The Funding Agreement in the amount of $25,000 annually requires the Chamber to promote the community and attract business enterprise. The Chamber is also required to maintain relevant data points, coordinate activities of mutual community interest, provide information and assistance to individual business members for the purpose of increasing business patronage, and coordinate the annual "State of the City" event. The current Funding Agreement also contains terms and conditions of a license issued to the Chamber to continue use of the City-owned T J Meadows Building located at 31421 La Matanza Street for the Chamber's business office and visitor center. The 1 ,200 square foot City-owned facility is part of the Old Fire Station Recreation Complex which was purchased from the County of Orange in 1994 and contains a deed restriction that the property is to provide a community services center for and on behalf of the citizens of Orange County. There is also a stipulation in the purchase agreement requiring that the City share 80% of funds received from the result of a sale of the property or rent due from a lease agreement. Therefore the City limits the use of the facility to organizations providing community benefit and charges a maintenance and utility fee to offset the City's direct costs for the facility. Consistent with the requirements of the original purchase agreement, the Chamber has been required to pay the City a reimbursement fee for exterior maintenance and utilities in the amount of $935 per month. The Chamber has agreed, subject to Council approval, to increase the monthly reimbursement fee each year utilizing the U.S. Department of Labor -All Urban Consumers Index Los Angeles-Riverside-Orange County area designation . For Fiscal Year 2016-17, the calendar year 2015 CPI index of 2.03% would increase the existing maintenance fee from $935 to $954 per month. The same index would be utilized for Fiscal Year 2017-18 reimbursements. CPI rate increases during the second year of the license will be not lower than zero percent (0%), with a cap of four percent (4%). City Council Agenda Report July 19 , 2016 Page 3 of 4 Farmers' Market-License and Indemnity Agreement On March 4, 2003, the City Council approved a weekly Farmers' Market in the Downtown, at the request of the Old Capistrano Merchants Association, which at the time was an arm of the Chamber. The Famers' Market is managed by the Chamber, which assumed oversight after the Merchants Association disbanded. The Chamber is responsible for the weekly set-up , maintenance and coordination of the market and site , and the City is responsible for traffic barricade delivery and pickup . Fiscal Year 2015-16 Chamber quarterly reports and Visitor Center costs are attached as required in the Funding Agreement and detail required deliverables and key accomplishments (Attachment 3). Staff is recommending the City Council authorize the City Manager to prepare and execute two -year extensions to the Funding Agreement and Farmers' Market Agreement as specified in this report. All other terms and conditions would remain unchanged. FISCAL IMPACT: On June 21, 2016, the City Council adopted the Operating Budgets for Fiscal Years 2016-17 and 2017-18 which included appropriations for the Chamber Funding Agreement in the amount of $25,000 per year. Consistent with the requirements of the original purchase agreement, the Chamber has been required to pay the City a reimbursement fee for exterior maintenance and utilities in the amount of $935 per month. The Chamber has agreed, subject to Council approval, to increase the monthly reimbursement fee. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This item would not be an activity with potential to cause significant effect on the environment and therefore exempt from CEQA. A Notice of Exemption (NOE) will be posted should the project receive final approval. PRIOR CITY COUNCIL REV IEW: • On April 15, 2014, the Council approved a two-year License and Indemnity Agreement with the Chamber to conduct a Farmers' Market for the period of May 6, 2014 through June 30, 2016. City Council Agenda Report July 19, 2016 Page 4 of 4 • On June 23, 2014, the Council approved the Funding Agreement with the Chamber for Fiscal Years 2014-15 and 2015-16. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Mark Bodenhamer, San Juan Capistrano Chamber of Commerce ATTACHMENT(S): Attachment 1-Funding Agreement, Fiscal Years 2014-15 and 2015-16 Attachment 2-License and Indemnity Agreement, May 6, 2014 through June 30, 2016 Attachment 3-Chamber Quarterly Reports, Fiscal Year 2015-16 FUNDING AGREEMENT San Juan Capistrano Chamber of Commerce THIS AGREEMENT is made and entered into this 1st day of July 2014, by and between the City of San Juan Capistrano, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the San Juan Capistrano Chamber of Commerce, a California non-profit corporation (hereinafter referred to as "Chamber"). WITNESSETH: WHEREAS, City and Chamber are mutually desirous of promoting the community's advantages and disseminating information reh;:~tive thereto during the period July 1, 2014-June 30, 2016; and, WHEREAS, the Chamber has knowledge, experience and facilities for disseminating information that the City would otherwise be called upon to produce in the absence of a Chamber, and, WHEREAS, the Chamber, for many years, has provided promotional programs for the development and improvement of local commerce, and has demonstrated the ability to properly follow-up and give consideration to inquiries made relative to the various activities of the City; and, WHEREAS, the success of the City and Chamber in meeting their respective goals is best served by full communications and coordinated activities; and, WHEREAS, such activities are recognized by law and the City Council of the City as being in the public interest and serving a public purpose. NOW, THEREFORE, in consideration of the premises and the covenants and condition hereinafter set forth, City and Chamber agree as follows: SECTION 1. Activities to be Funded . Chamber agrees to diligently advertise and promote the community of San Juan Capistrano in such a manner as to attract worthwhile business enterprises, which will enhance the general welfare and well being of the citizens. Consistent with this purpose, Chamber agrees to do the following, among other things: A. Maintain suitable quarters and employ competent personnel in a public office within the business area of the City, easily accessible and fully equipped for the purpose of disseminating information, answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than six hours a day, except Saturday, Sunday and holidays (if City requests other times City agrees to fund staffing for such additional times). During the term of this agreement the Chamber of Commerce may occupy quarters in the City facility as identified and outlined in Exhibit "A" in compliance with this agreement; and, Page 1 of 5 ATTACHMENT 1 B. Obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City and Chamber members; and, C. Work to coordinate activities of mutual community interest with City officials and staff; and, D. Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage; and, E. Serve to receive and respond to written and verbal inquiries regarding residential, commercial, industrial, tourist and business matters as they relate to the City. SECTION 2. Reports . A. Quarterly Reports . The Chamber will provide the City with quarterly reports (based on Chamber's fiscal year) setting forth the receipt and disbursement of funds consistent with Chamber record keeping and accounting and identifying expenditure of those funds received from the City. The reports will include a summary of accomplishments achieved during the reporting period. Reports will be due 15 days from the quarter's end. B. Annual Report. The Chamber shall also present an Annual Report to the City as of 15 days after the close of the Chamber's fiscal year with a summary of prior year's activities, a list of officers and board members and a copy of the annual financial statements as prepared at that time. The Chamber shall also maintain and update a budget and a copy of the then active budget shall be included. The Annual Report may be presented at the time and in lieu of a quarterly report for the end of the fourth quarter. Timely receipt is a condition of continued funding by the City. SECTION 3. State of the City. The Chamber will develop one event that features a discussion on the "State of the City." The event will occur in the first quarter of each calendar year. The event should bring together the business community and political leaders, providing an opportunity for interaction between business and among business peop le and elected officials. The Chamber will provide a writte n plan for the "State of the City" event to the City by November 1st of each year of this agreement. SECTION 4. City Funding. City agrees to disburse to the Chamber $25,000.00 annually for Fiscal Years 2014-2015 and 2015-2016 based on City's Fiscal Year (July 1 -June 30). Payments shall be made monthly upon receipt of invoice from Chamber for $2,083.33. SECTION 5. Use of City Funding for Political Purposes Prohibited. Funds provided by the City shall not be used for political purposes and shall be applied to those purposes set forth in Section 1. The Chamber shall be permitted to continue Page 2 of 5 advocacy to advance the commercial interests of the business community in general on civic issues. SECTION 6. In dependent Cont rac t or. At all times during the term of this agreement, Chamber shall be an independent contractor and shall not be an employee of the City. All employees and volunteers that provide services under this agreement shall be employees or contractors of the Chamber and shall not be deemed employees of the City for any reason or purpose. Nothing in this Agreement shall be construed to create a joint venture between the City and the Chamber. SECTION 7. Term. This Agreement shall commence on the date first above written and shall terminate at 11:59 p.m. on June 30, 2016 unless sooner terminated by the City in its sole discretion upon a minimum of six month notice . SECTION 8. Indem ni ty . To the fullest extent permitted by law, Chamber agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person , or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Chamber , Chamber's agents, officers, employees , volunteers, subcontractors, or independent contractors hired by Chamber in the performance of this Agreement. The only exception to Chamber's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Chamber. SECTION 9. Insu rance. Chamber, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City . Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better . A. Comprehensive General Liability . Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1 ,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. Page 3 of 5 B. Comprehensive Automobile Liability . Throughout the term of this Agreement , Chamber shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in an amount not less than one million dollars per qccurrence ($1 ,000,000.00). C. Workers' Compensation . If Chamber intends to employ employees to perform services under this Agreement, Chamber shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. D. Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Chamber shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Chamber, including the insured's general supervision of Chamber; products and completed operations of Chamber; premises owned, occupied or used by Chamber; or automobiles owned, leased, hired, or borrowed by Chamber. The coverage shall contain no special limitations on the scope of protection afforded City , its officers , employees, agents, or volunteers. E. Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (1 0) days' notice shall be given if there is a cancellation due to failure to pay a premium . Section 10. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process : To City: To Chamber: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn : City Manager Office San Juan Capistrano Chamber of Commerce P.O. Box 1878 San Juan Capistrano , CA 92693 Attn: Mark Bodenhamer Page 4 of 5 SECTION 12. This agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the date aforementioned. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE APPROVED AS TO FORM : ~ Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO Page 5 of 5 TERMS AND CONDITIONS FOR USE OF THE T J MEADOWS BUILDING Section 1. Grant of License. City hereby grants a license to Chamber to utilize the T J Meadows Building for Chamber's business offices and visitor center. The T J Meadows Building is a portion of the Old Fire Station Recreation Complex located at 31421 La Matanza Street. The T J Meadows Building, which is the subject of this License, is specifically described in the Site Plan attached as Attachment A, incorporated herein by reference ("Premises"). Under this License, Chamber has the right and sole discretion to deal with and manage members of the public who enter upon the premises occupied by Chamber. Section 2. Term and Termination of License. The term of this License shall be from the effective date of the Funding Agreement until June 30, 2016. Notwithstanding the two-year term of this License , City and Chamber mutually reserve the right to terminate this License without cause at any time by providing ninety (90) days' advance written notice of termination to the other party. Upon termination of this License, Chamber shall remove all equipment and materials, clean the premises, and leave facility in a condition substantially similar to that prevailing at the time of the commencement of this lease, with the exception of normal wear and tear, acts of God, and events beyond control of Chamber . Chamber shall restore the property to its original condition without any cost to City. Section 3. Nature of Use and Activities Permitted under the License. Chamber may not utilize the property for any other uses than those specifically set forth in Attachment B, incorporated herein by reference. Section 4. Utilities. Chamber shall be responsible for the cost of all utility services required in conducting business within the building space authorized under this License. City shall not require sub-metering of authorized area and will establish a utility reimbursement formula based on Licensee's allocation of square footage occupied. Telephone/Television/Cable Television or Internet Services : Expenses related to any and all of these services are the sole responsibility of Chamber. Chamber shall be responsible for opening/closing facility for installation, repairs, - 1 - EXHIBIT A and/or removal of these services. City staff will not meet vendor for delivery, installation, repair, or removal appointments. Section 5. No License Consideration. Licensee shall not be required to pay a license cons!deration for the privilege of utilizing property described in Attachment A. Section 6. Use of Adjacent Complex Space. Licensee agrees and understands that City reserves the right to allow groups and individuals to utilize the Nydegger and Lacouague buildings. Licensee shall submit a facility use application to the Community Services Department for use of any other facilities at the Old Fire Station Complex. Licensee has permission to use these buildings only when in possession of a City-approved facility use application. During the term of this agreement, usage fees will be required when Licensee requests use of City facilities other than the T J Meadows Building. Licensee's use of other City facilities shall be charged at the non-profit rate listed in the City's fee schedule , which is established by City Council Resolution. Section 7. Maintenance, Repairs, and Improvements. 7.1 Reimbursement for City Maintenance and Utilities. Licensee shall reimburse City in the total amount of nine hundred and thirty-five dollars ($935.00) per month. This amount shall consist of a reimbursement for landscaping and building hardscape maintenance services provided by the City , in addition to reimbursing the City for electricity, water, and natural gas usage . This reimbursement shall be made payable to City in advance of the first day of each month. The check is to be made payable to the City of San Juan Capistrano. The monthly reimbursement shall be submitted directly to the Community Services Department located at the Community Center. If the premises are unusable due to damage or destruction, the license fee shall be abated until the use of the designated space is restored. 7.2 Refundable Restoration Requirement In order to ensure that the facility is returned to its original condition at the conclusion of this agreement, a refundable restoration deposit of $500 has been established. Any damage resulting from use of this facility shall be corrected at Licensee's expense. When vacating the premises, if Licensee does not restore the premises to its - 2 - original condition, the cost to restore the premises shall be deducted from this deposit. The City shall provide Licensee with a written explanation of any deductions from the deposit and/or the refund of the deposit within thirty (30) days of Licensee leaving the premises. In the event that the costs exceed the deposit, Licensee shall be invoiced for the outstanding restoration costs. All monies remaining after restoration is completed shall be refunded to Licensee. 7.3 Repairs and Damages City shall be responsible for any major structural repairs to the premises, including such items as leaking roofs, plumbing, and related improvements, providing that the damage to be repaired has not been caused directly by Licensee's use of the premises. City shall accept responsibility for the following items: Exterior painting, exterior lighting, roofing, windows and doors (excluding window treatment and screen doors), exterior wall repair, HVAC, and plumbing. 7.4 Custodial Responsibilities Licensee shall be responsible for all arrangements and costs to provide custodial services to the T J Meadows Building. Licensee and/or the custodial staff shall be responsible for placing rubbish and recycle materials in the appropriate locked dumpster located on site. They shall further be responsible for locking that dumpster after each use. This dumpster is to be kept locked at all times when not in use. 7.5 Tenant Improvements Licensee shall submit to the Community Services Department, in writing, any desired changes/improvements to the T J Meadows Building. This shall include any modifications to existing walls, ceiling, windows, flooring, doors, lighting, interior, exterior, etc. Licensee must receive written approval from City prior to making any improvements or modifications to the facility. All improvements and their maintenance shall be the financial responsibility of Licensee. Section 8. Inspection and Reservations to City. City reserves the right to enter the property at any reasonable time for the purpose of inspection and/or repairs for which the City, plus all requisite building permits is responsible, or to carry out any municipal function. This right shall not be exercised in any manner, which will unreasonably interfere with Licensee's use of the premises. - 3 - Section 9. Condition of Premises. Licensee agrees to accept said facility in "as is" condition, and agrees to assume all further liability arising out of the condition of such facility, once a final inspection is completed jointly by both parties. Section 10. Operations. The Administrative hours for Licensee's offices shall be restricted to no earlier than 8:00a.m. and no later than 9:00p.m., Monday through Friday. The Chamber's business hours open to the general public will be limited to 9:00a.m. to 5:00p.m., Monday through Friday. Weekend and evening usage shall be limited to administrative operational hours only . Attendance at the T J Meadows Building shall be limited to no more than ten (10) people at any one time. Licensee shall, at all times, keep City advised of the name, address, and telephone number of the person responsible for the operation of the Chamber of Commerce's Business Offices. Licensee shall, at all times, keep City advised of the name and telephone number(s) of two persons who can be contacted at times of emergency . Licensee shall, at all times, take and maintain the utmost caution and care in every respect of its operation and shall observe and maintain the highest standard of safety. Parking spaces adjacent to this facility shall be shared with other users of the Old Fire Station Recreation Complex. No parking spaces shall be reserved for Licensee. City shall retain the right to exclusive use of parking spaces for City business at any time. Licensee is responsible for all furniture, equipment, and supplies for this space usage . All items brought in by Licensee must be removed at the end of the term of the agreement. City does not grant permission for items to remain in the facility once the term of the agreement ends. City shall issue keys to the individuals whose names are provided by Licensee; all keys must be signed-out in accordance with City procedure. When a person leaves Licensee's program, Licensee must return the key to City so that person's name can be removed from City records. Licensee is not permitted to re-issue any key. Section 11. No Assignments. Licensee shall not assign this License or any interest herein, or sublet the property or any part thereof, or license the use of all or any portion of the property or business -4 - conducted therein or thereon, or encumber or hypothecate the property or this License, without first obtaining the written consent of the City . Any assignment, subletting, licensing, encumbering, or hypothecating of the property or this License without such prior written consent of the City, shall be void and shall be cause for immediate cancellation of this License by the City at its option. Section 12. No Relocation Benefits. This License is not intended to convey a property interest but to permit the Licensee to use the property as provided for herein. The Licensee acknowledges the rights granted by State and/or Federal Relocation Assistance Laws and regulations and, notwithstanding any other provision of this License, expressly waives all such present and future rights, if any, to which the Licensee might otherwise be entitled from the City with regard to this License and the business operated on the property. The Licensee shall not be entitled to relocation assistance, relocation benefits, or compensation for loss of goodwill upon the termination of this License. Section 13. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect of the matters covered herein, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid . Section 18 . Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Attachments : A. Site Diagram B. Allowable Uses C. Location Map - 5 - v; . : '"! ~ ~ v I' ' Site Diagram T J Meadows Building 31421 La Matanza Street 38'-6" 9 '. 6" 11 ' • !1 " S'· 3" Porch c 12"· 0" Office Office Hallway Office /' ~ Office I' .L.-- Kitchen ) _L- "' Yz Bath Clo~;et " Lean~ I, v " 16'-6" 13'-0" 9'· 0" 38'· ~· T.T--MEADOWS -- - 6 - -. ~ -. 0 ' 0 . 1,;, ' N . \0 N ATTACHMENT 1 Allowable Uses • The Administrative hours for Licensee's offices shall be restricted to no earlier than 8:00 a;m. and no later than 9:00 p.m., Monday through Friday. The Chamber's business hours open to the general public will be limited to 9:00a.m. to 5:00p.m., Monday through Friday. Weekend and evening usage shall be limited to administrative operational hours only . Attendance at the T J Meadows Building shall be limited to no more than 10 people at any one time. • Licensee shall confine use of the T J Meadows Building to indoor usage of the building only. Assembly or gathering on the lawn area located on Matanza Street is not permitted. Licensee may not utilize the property for any other uses than those specifically established in this License Agreement. - 7 - ATTACHMENT 2 THE CITY OF SAN JUAN CAPISTRANO 0 3000 6000 9000 Feet ~~!5iiiiiiiiiiiiiiiiiiiiiiiiiiiiil!~!!!!!!!!!!!!!l -8 - ATTACHMENT 3 u u LICENSE AND INDEMNITY AGREEMENT FOR CONDUCTING DOWNTOWN FARMERS MARKET THIS LICENSE AND INDEMNITY AGREEMENT ("Agreement .. ) is made and entered into as of May 6, 2014, by and between the CITY OF SAN JUAN CAPISTRANO a public body corporate and politic ("City"), and the SAN JUAN CAPISTRANO CHAMBER OF COMMERCE ("Licensee") with reference to the following facts: A. City is the owner of that certain real property located at the intersection of Camino Capistrano and Yorba Street in the City of San Juan Capistrano, County of Orange, State of California, and more particularly described in Exhibit 11 A" attached hereto and incorporated herein by reference ("Property"). B. Licensee desires to use portions of the Property to conduct a once-weekly open-air Farmers Market ("Permitted Activities"), selling products directly from the farm to create urban vitality and street life in the downtown and City desires to grant Licensee permission to engage in the Permitted Activities on the Property. NOW THEREFORE, in consideration of the mutual covenants and obligations of the parties herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. License. City hereby grants Licensee and its representatives and agents a revocable license to enter the Property and engage in the Permitted Activities. In performing the Permitted Activities, neither Licensee nor its agents or representative shall: (i) cause any damage to the Property or any improvements thereon; or (ii) interfere with the occupants of, or business operations on, the Property. All persons entering onto the Property pursuant to this Agreement shall do so at their own risk. 2. Description of Event. Licensee will conduct a once-weekly open-air Farmers Market selling product 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. The Farmers Market may also have booths for San Juan Capistrano business owners at each Farmers' Market, who are members of the Chamber and maintain a physical address within the city limits, to showcase their goods, products, services and wares. No more than three booths may be used for Chamber members. Term: The term of this License will be from May 6, 2014 to June 30, 2016. Frequency: Every Wednesday, from 3:00p.m.-6:00p.m.; Daylight Savings months from 3:00 p.m. -7:00 p.m. (March -November). Set up Is allowed to begin at 2:00 p.m. and break down no later than 8:00 p.m. rain or shine. Page 1 of7 ATTACHMENT 2 Location: Street closures: Set Up: 3. u u Primarily on Yorba Street between Camino Capistrano and El Camino Real and Veterans' Park area. Yorba Street between Camino Capistrano and El Camino Real will be closed. The event may have as many vendors that can reasonably, safely and legally be allowed to locate in the umarket" area, and no more than 40. Automobile access into the umarket 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 products, and a canopy. Responsibilities of the licensee. a. Farmers that engage in the sale of farming goods shall be required meet all license requirements and/or sales permit regulations as stipulated by the City's Municipal Code. b. The licensee shall promote and market the event. c. Licensee shall submit evidence that all permits required by the Orange County Health Department and County Department of Agriculture are current. d. During the months of June, July, August, and September, the Licensee shall cooperate with the City of San Juan Capistrano in order to accommodate the San Juan Summer Nites Concert Series. e. The Farmers Market may provide its own electricity through free standing generators or connect to existing electrical panels located in the adjacent parking lots. f. Licensee will agree to provide a vendor space for any San Juan Capistrano grown, farming goods representative. 4. Responsibilities of the Citv. In exchange for the Licensee's efforts and dedication to attract residents into the downtown, the City will provide support to the Farmers Market in the form of the following items: a. Public Works assistance with the weekly closure of Yorba Street. This includes the delivery of necessary barricades, signs, needed for street closure. Page 2 of7 u u b. Support with information placed on the City's official website. 5. Revocation of License. The license granted pursuant to this Agreement shall be revocable by City at any time in the sole and absolute discretion of the City, effective immediately upon notice from City to Licensee. The revocation shall in no way prejudice any of the rights and remedies available to City at law or in equity, and Licensee acknowledges and agrees that all of the obligations and responsibilities of Licensee under this Agreement shall ~ontinue and survive such termination. 6. Permits and Approvals: Standard of Work. At its sole cost and expense, Licensee shall obtain all governmental permits and authorizations required in order to engage in the Permitted Activities. Licensee shall comply, and shall cause its agents and representatives to comply, with all laws, codes, rules, regulations and permits applicable to the Permitted Activities. All Permitted Activities shall be performed -in accordance with the highest standards and practices in the industry. 7. Liens. Licensee shall keep the Property free and clear of all mechanics', material men's and other liens resulting from the Permitted Activities. 8. Insurance. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. Proof of liability insurance shall be in the form of: (1) an insurance certificate; and (2) an endorsement liability form. The City and the Successor Agency to the Redevelopment Agency shall be added as additionally insured to the insurance policies required under this Agreement. These policies shall not terminate nor shall they be canceled, nor the coverage reduced throughout the duration of the Farmers Market. The Licensee shall provide the City 30 days advance written notice regarding changes to this coverage. 9. Indemnification: Restoration of Prooertv. Licensee shall indemnify, defend, protect and hold City harmless from and against all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' and consultants' fees and costs) caused by or arising in connection with the Permitted Activities and the entry onto the Property by Licensee and/or its agents and representatives. Licensee's indemnification and defense obligations pursuant to the foregoing shall apply to, without limitation: (i) personal injury (including, without limitation, sickness, disease or death), property damage and nuisance; {ii) any pollution or contamination, to the extent that Licensee or its agents or representatives shall have contributed to or exacerbated any condition on the Property Page 3 of7 u u with respect to the presence of chemicals, petroleum products, hazardous materials or other controlled or regulated substances (including, without. limitation, any investigation, repair, clean-up, remediation and treatment}; (iii} any liens, claims, demands, actions or suits arising from the Permitted Activities; and (iv} any costs of enforcement of any provision of this Agreement. Following City's revocation of the license granted pursuant to this Agreement and/or the completion of the Permitted Activities, Licensee shall restore the Property to the condition in which it existed prior to the Permitted Activities. 10. Notices. All notices given pursuant to or in connection with this Agreement shall be in writing and shall be transmitted either by personal delivery, or a nationally recognized overnight courier which keeps receipts of delivery (such as Federal Express), or United States Mail (first class, postage prepaid, certified, return receipt requested). Notices shall be effective upon delivery, if delivered by personal delivery or overnight courier, or three (3) business days after mailing, If mailed in accordance with the above. Notices to the respective parties shall be sent to the following addresses, unless written notice of a change of address has been previously given pursuant hereto: To City: To Licensee: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Cathy Salcedo San Juan Capistrano Chamber of Commerce P.O. Box 1878 San Juan Capistrano, California 92693 Attention: Mark Bodenhamer 11. Authority. Each signatory hereto warrants to the other party its authority to sign on behalf of the party for whom its purports to sign. 12. Entire Agreement. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, understandings or agreements relating thereto. 13. No Oral Modification. No alteration or variation of this Agreement shall be valid or binding unless made in writing and signed by the parties hereto. 14. Successors and Assigns. Licensee may not assign any of its rights under this Agreement, either voluntarily or by operation of law, without City's prior written consent. No assignment by Licensee shall release Licensee from any liability under this Agreement. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. Page 4 of7 u u 15. Governing Law. This Agreement shall be construed In accordance with and governed by the laws of the State of California. 16. Counterparts. This Agreement may be executed in counterpart signature pages which, when attached to this Agreement, shall constitute one fully executed document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. [Signatures on following page] Page 5 of7 "CI ~~~ s~~rQ(ayor Page 6 of 7 - EXHIBIT "A" DESCRIPTION OF CERTAIN REAL PROPERTY ·---------------------- (~ Farmers Market +-Area --.. 1---- Page 7 of 7 \ I l I I I I I I .. 'l ... >·: .. Q h \ ! I l I I I -----\ I I ! ----1 I ! I I -1 I -I ! I I I II I 1 EXHIBIT "A" DESCRIPTION OF CERTAIN f~EAL PROPERTY ..._, .. ___ ~ ---~ ----------- .... .._ ~ ----- -- I ") I I I I I I I / I / I / j I I I I (' I I I -. I I I I I r / I l r I I r I • • I l I ". I • -' I '· .. I ,:.) . I I I --/ <1 - Farmers Market Area --r;. I I I i 1 Page 7 of 7 I I I I I I I ' I f I ,' / ' I I I I .' _J First Quarter Chamber Summary of Activities 2015-2016 Per Agreement July, August & September 201.5 In accordance with Section 1 B of the Agreement which states, "Chamber shall obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City of San Juan Capistrano and Chamber Members." The Chamber performed the following: • Our database for our weekly e-newsletter has grown to over 2,200. These informative, business- focused e-mails give us an easy, effective, and affordable way to stay in contact and build lasting relations with our members . This quarter, the Chamber has compiled a total of more than 12 weekly e-newsletters. • Our website software, ChamberMaster, provides a user friendly way for members, city staff, and community residents to post information on their business events as well as community events . • Our events calendar is updated on a daily basis as community events come in to be sure our residents and visitors are knowledgeable about all the exciting activities in San Juan Capistrano. • Websites used for tourist and locals are www.VisitSJC.com and www.FarmersMarketSJC.com . The sites are updated on a regular basis to reflect what is happening in San Juan Capistrano. • Working with the Equestrian Council to re-launch www.SanJuanHorses .com. • Started to work on a re-launch of www.SanJuanChamber.com site. • With the city council, staff and residents of San Juan Capistrano, the Chamber assisted in the video production for the State of the City Dinner. In accordance with Section 1 C of the Agreement, which states, "Work to coordinate activities of mutual community interest with City officials and staff." The Chamber performed the following: • The weekly farmers market is still going strong into its 1 ih year. • In the process of adding SNAP (Supplemental Nutrition Assistance Program) to the Farmers Market. It will be the only farmers market in South Orange County with this available option. In accordance with Section 1 D of the Agreement that states, "Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage ." The Chamber performed the following: • Monthly mixers provided networking opportunities for our members and guests. Businesses hosting the mixers were as follows: July-SJC Chamber's Installation Dinner at El Adobe de Capistrano, August-We Olive & Wine Bar, and September-Ricardo's Place. • We continued with our well received "Lunch Local." Once a month we pick a member restaurant and invite our members as well as city staff and residents (and their guests) to join us for an informal networking lunch to meet, greet and share ideas. We continue to see great involvement and excitement from our guests and restaurants. July-Rancho Capistrano Winery, August- cancelled in lieu of Senator Darrell lssa event, and September-El Adobe de Capistrano. • RestaurantfTourism Council meets monthly to enhance the economy of the hospitality businesses in San Juan Capistrano. • Participating in the Downtown Parking Stakeholders Committee and assisted in reviewing proposals for a downtown parking study . Valet parking program started July 11, 2015. ATTACHMENT 3 • Due to the success of the Downtown Parking Stakeholders Committee, the SJC Chamber was asked to lead up a new committee to review the Monument Signage ordinance that will be up for review in the next year. • Another great quarter with more ribbon cuttings : Rags & Stones Clothing Store and Grace + Zen Children's Yoga Studio. • Continued a community information table at the San Juan Summer Nites concert series. • Working with the mayor, city staff and the auto dealerships to drive more revenue to dealerships which in turns means more tax dollars for the city. • Working with the Mexican Consulate on a new sister city program . • Starting the process of upcoming events throughout San Juan Capistrano : The Vintage Food & Wine Festival. • Ran the Beer/Wine booth at the San Juan Summer Nites concerts. • Had a successful Rodeo Week with the Kick-Off BBQ at ZOOMARS , Cowboy Poetry at the Camino Real Playhouse and the Tequila Tasting at El Adobe de Capistrano . • Met with Mission & City Council Reps to discuss formation of promotional partnership with "Uber" to encourage commerce with reduced parking , traffic and public safety impacts. • Ongoing parking meetings to discuss implementation of Employee Parking Program and other creative solutions to downtown parking shortage. • Working on Second Annual "Small Business Saturday" promotion to encourage shopping at local shops/restaurants on Saturday, Nov 28 and throughout the holiday season. • Met with Auto Council and Mayor to discuss ways that City and dealers can work together to address signage issues, address car inventory storage problems , and work to promote better sales as a vehicle for increasing City tax revenue. • Facilitated meeting with Auto Dealers and signage company to look into potential solutions for monument sign to promote dealerships. • Partnered with other local Chambers to host meeting with Congressman Darrell lssa at which local businesses could address issues directly with their Representative . • Hosted coffee meet & greet with Assemblyman Bill Brough at local coffee shop in SJC to give businesses an opportunity to speak with him about legislation, business issues, etc. • Facilitated multiple meetings with both potential hotel developers to help educate the residents and the business community about the projects. • Disseminated information from City to local business community regarding employee parking program, Verdugo Street enhancement and handicap ramp improvements along Camino Capistrano. In accordance with Section 1 E of the Agreement which states, "Serve to receive and respond to written and verbal inquiries regarding residential, commercial, industrial, tourist and business matters as they relate to the City." The Chamber performed the following : • Provided services for the City of San Juan Capistrano Visitor Center requests which include walk- ins, answering phone inquiries, assembling and mailing visitor packets , answering e-mail requests , and providing other information as requested . • The new Orange County Tourism Council Website continues to generate numerous additional requests for Visitor Information. On-line requests continue to increase each month. • Mailed tourism requests and average of 40-50 per month at a cost of $7 .00 for each mailing. Attached please find the financials for visitor information services rendered pursuant to our agreement for this reporting period . San Juan Capistrano Chamber of Commerce Visitors Center Costs First Quarter 2015-2016 July, August & September 2015 Description Actual* City paid fee fo r the Visitors Center $ 6 ,250 Subtotal $ 6 ,250 Expenditures Rent $ 1,403 Staffing Expenses $ 12,256 Insurance $ 857 Utilities $ 994 Office Supplies $ 2,054 Postage $ 301 Subtotal $ 17 ,864 Net Operating Gain or (Loss) $ (11,614) Second Quarter Chamber Summary of Activities 2015-2016 Per Agreement October, November & December 2015 In accordance with Section 1 B of the Agreement which states , "Chamber shall obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City of San Juan Capistrano and Chamber Members." The Chamber performed the following: • Our database for our weekly e-newsletter has grown to over 2,300. These informative, business- focused e-mails give us an easy, effective , and affordable way to stay in contact and build lasting relations with our members . This quarter, the Chamber has compiled a total of more than 12 weekly e-newsletters . • Our website software, ChamberMaster, provides a user friendly way for members , city staff, and community residents to post information on their business events as well as community events . • Our events calendar is updated on a daily basis as community events come in to be sure our residents and visitors are knowledgeable about all the exciting activities in San Juan Capistrano . • Websites used for tourist and locals are www.VisitSJC.com and www.FarmersMarketSJC.com . The sites are updated on a regular basis to reflect what is happening in San Juan Capistrano. • Continue to work on a re-launch of www.SanJuanChamber.com site . In accordance with Section 1 C of the Agreement, which states, "Work to coordinate activities of mutual community interest with City officials and staff." The Chamber performed the following: • The weekly farmers market is still going strong into its 13th year. • The addition of SNAP (Supplemental Nutrition Assistance Program) to the Farmers Market in September (formally known as the Food Stamp Program). It is the only year-round farmers market in South Orange County with this available option. In accordance with Section 1 D of the Agreement that states, "Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage." The Chamber performed the following : • Monthly mixers provided networking opportunities for our members and guests. Businesses hosting the mixers were as follows: Oct-Cancelled for The 19th Annual Vintage Food & Wine Festival, Nov-Hennessey's Tavern, and Dec-Marbella Country Club and a joint mixer with San Clemente and Dana Point at The Outlets at San Clemente. • We continued with our well received "Lunch Local." Once a month we pick a member restaurant and invite our members as well as city staff and residents (and their guests) to join us for an informal networking lunch to meet, greet and share ideas . We continue to see great involvement and excitement from our guests and restaurants. Oct-The Vintage Steakhouse, Nov-Cedar Creek Inn, and Dec-Taqueros Mexican Restaurant. • RestaurantiTourism Council meets monthly to enhance the economy of the hospitality businesses in San Juan Capistrano. • Due to the success of the Downtown Parking Stakeholders Committee, the SJC Chamber was asked to lead up a new committee to review the Monument Signage ordinance that will be up for review in the next year. • Another great quarter with more ribbon cuttings: The Outlets at San Clemente • Held The 191h Annual Vintage Food & Wine Festival at Mission San Juan Capistrano. Another sold out event. • Continuing to meet with Mission & City Council Reps to discuss formation of promotional partnership with "Uber'' to encourage commerce with reduced parking, traffic and public safety impacts. • Held our 2nd Annual "Shop Small Saturday" or "Small Business Saturday" throughout San Juan Capistrano. The Chamber sponsored a Free Pancake Breakfast at Mission Grill followed by a Passport shopping experience. Customers were given a passport to have shops stamp plus a shopping bag full of coupons and information from other businesses throughout San Juan Capistrano. Once the customer received five stamps, they dropped of their completed passport to one of two locations (Sarducci's on the west side and Coast Coffee & Tea Bar on the east) to be entered in a drawing for one of two $100 American Express Gift Cards (also sponsored by the Chamber). About 75 people attended the breakfast and over 100 completed passports were dropped off. Merchants were very excited for the event with more foot traffic entering their stores. • The Chamber's Restaurant/Tourism Council sponsored the two shuttles for the city's annual tree lighting event. Ridership was over 500 for the 2 shuttles. • Starting to develop a "Third Thursday -Shop & Dine" program with local merchants and restaurants. More details to come soon. In accordance with Section 1 E of the Agreement which states, "Serve to receive and respond to written and verbal inquiries regarding residential, commercial, industrial, tourist and business matters as they relate to the City." The Chamber performed the following: • Provided services for the City of San Juan Capistrano Visitor Center requests which include walk- ins, answering phone inquiries, assembling and mailing visitor packets, answering e-mail requests, and providing other information as requested. • The new Orange County Tourism Council Website continues to generate numerous additional requests for Visitor Information. On-line requests continue to increase each month. • Mailed tourism requests and average of 60-70 per month at a cost of $7.50 for each mailing. Attached please find the financials for visitor information services rendered pursuant to our agreement for this reporting period. San Juan Capistrano Chamber of Commerce Visitors Center Costs Second Quarter 2015-2016 October, November & December 2015 Description Actual* City paid fee for the Visitors Center $ 6,250 Subtotal $ 6,250 Expenditures Rent $ 1,403 Staffing Expenses $ 17,346 Insurance $ 552 Utilities $ 982 Office Supplies $ 1,270 Postage $ 96 Subtotal $ 21,648 Net Operating Gain or (Loss) $ (15,398) Third Quarter Chamber Summary of Activities 2015-2016 Per Agreement January, February and March 2016 In accordance with Section 1 B of the Agreement which states, "Chamber shall obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City of San Juan Capistrano and Chamber Members." The Chamber performed the following : • Our database for our weekly e-newsletter has grown to over 2,300. These informative, business- focused e-mails give us an easy, effective, and affordable way to stay in contact and build lasting relations with our members. This quarter, the Chamber has compiled a total of more than 17 weekly e-newsletters. • Our website software, ChamberMaster, provides a user friendly way for members, city staff, and community residents to post information on their business events as well as community events. • Our events calendar is updated on a daily basis as community events come in to be sure our residents and visitors are knowledgeable about all the exciting activities in San Juan Capistrano. • Websites used for tourist and locals are www.VisitSJC.com and www.FarmersMarketSJC.com. The sites are updated on a regular basis to reflect what is happening in San Juan Capistrano. We have added a "commercial" to the farmers market page showing that we include SNAP (Supplemental Nutrition Assistance Program) to the market. In accordance with Section 1 C of the Agreement, which states, "Work to coordinate activities of mutual community interest with City officials and staff." The Chamber performed the following: • The weekly farmers market is still going strong into its 141h year. • The addition of SNAP (Supplemental Nutrition Assistance Program) to the Farmers Market in September (formally known as the Food Stamp Program). It is the only year-round farmers market in South Orange County with this available option. The SNAP program is starting to take off. More advertising for the program is going out with the assistance of the USDA and Department of Agriculture. In accordance with Section 1 D of the Agreement that states, "Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage." The Chamber performed the following: • Monthly mixers provided networking opportunities for our members and guests. Businesses hosting the mixers were as follows: January -Cancelled, February -Capistrano Mazda along with a Ribbon Cutting, March-Cancelled for our yearly State of the City Address and Dinner. • We continued with our well received "Lunch Local." Once a month we pick a member restaurant and invite our members as well as city staff and residents (and their guests) to join us for an informal networking lunch to meet, greet and share ideas. We continue to see great involvement and excitement from our guests and restaurants. January -Ricardo's Place, February -Sarducci's Capistrano Depot (future home of Trevor's at the Tracks), March -Mission Grill. • Recorded the mayor's State of the City address so the residents and businesses have access to see and hear the address. Once finished it will be sent to the city for their use. • Restaurant!Tourism Council meets monthly to enhance the economy of the hospitality businesses in San Juan Capistrano. • Soft launched "Third Thursdays Shop & Dine SJC (www.VisitSJC .comfThirdThursdays) to promote downtown businesses after hours. Shops agree to stay open till 8pm the third Thursdays of each month and offer promotions. Promotions can be anything from live music, art demos, discounts, etc. Starting in April, the Los Rios District will join in as it will stay lighter later in the evening. We encourage all businesses to join us, members or not. • Facilitated at meeting at Hennessey's with Lt. Spalding and Sgt. Cope to inform the restaurants and businesses on Swallows Day parade safety. We had a great turn out and with new restaurants in town, it was good for all to know best practices for issues that arise on the busiest day in San Juan Capistrano. • Assisted the Fiesta Association with ticket sales for the Taste of San Juan in February and the El Presidente Ball in March. Fielded questions as calls came into the Chamber office regarding the Swallows Day activities. • Another great quarter with more ribbon cuttings: Imperio Kia of San Juan Capistrano, Family Assistance Ministries Satellite office at the Community Presbyterian Church, Capistrano Mazda, Reflections Interiors & Design, Selma's Chicago Pizzeria and Tap Room and Body by OrangeTwist. There are quite a few more scheduled for the next quarter. • Planning a meeting in early April with Lt. Spaulding and his staff to meet with restaurant and businesses regarding homeless issues and the best practices on how to handle. • Assisting with the Third Annual Eco Expo by providing an information booth both days at the event. • Starting work on San Juan Summer Nites promotions with community services. The Chamber operates the beer and wine booth. • Starting work on Rodeo Week that promotes businesses during Rancho Mission Viejo's annual rodeo. • Starting work on the 201h a nnual Vintage Food & Wine Festival to be held at the Mission San Juan Capistrano on October 81h, 2016 . • Continuing to meet with Mission & City Council Reps to discuss formation of promotional partnership with "Uber'' to encourage commerce with reduced parking, traffic and public safety impacts. In accordance with Section 1 E of the Agreement which states, "Serve to receive and respond to written and verbal inquiries regarding residential, commercial, industrial, tourist and business matters as they relate to the City." The Chamber performed the following: • Provided services for the City of San Juan Capistrano Visitor Center requests which include walk- ins, answering phone inquiries, assembling and mailing visitor and relocation packets, answering e- mail requests, and providing other information as requested. • Mailed tourism requests and average of 60-70 per month at a cost of $9.65 for each mailing. Attached please find the financials for visitor information services rendered pursuant to our agreement for this reporting period. San Juan Capistrano Chamber of Commerce Visitors Center Costs Third Quarter 2015-2016 January, February and March 2015 Description Actual* City paid fee for the Visitors Center $ 6,250 Subtotal $ 6,250 Expenditures Rent $ 1,403 Staffing Expenses $ 16,232 Insurance $ 400 Utilities $ 821 Office Supplies $ 732 Postage $ 197 Subtotal $ 19,785 Net Operating Gain or (Loss) $ (13,535) Fourth Quarter Chamber Summary of Activities 2015-2016 Per Agreement April, May and June 2016 In accordance with Section 1 B of the Agreement which states, "Chamber shall obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City of San Juan Capistrano and Chamber Members." The Chamber performed the following : • Our database for our weekly e-newsletter has grown to over 2,400. These informative, business- focused e-mails give us an easy, effective, and affordable way to stay in contact and build lasting relations with our members. This quarter, the Chamber has compiled a total of more than 17 weekly e-newsletters. • Our website software, ChamberMaster, provides a user friendly way for members, city staff, and community residents to post information on their business events as well as community events. • Our events calendar is updated on a daily basis as community events come in to be sure our residents and visitors are knowledgeable about all the exciting activities in San Juan Capistrano. • Websites used for tourist and locals are www.VisitSJC.com and www.FarmersMarketSJC.com. The sites are updated on a regular basis to reflect what is happening in San Juan Capistrano. We have added a "commercial" to the farmers market page showing that we include SNAP (Supplemental Nutrition Assistance Program) to the market. In accordance with Section 1 C of the Agreement, which states, "Work to coordinate activities of mutual community interest with City officials and staff." The Chamber performed the following: • The weekly farmers market is still going strong into its 141h year. • The addition of SNAP (Supplemental Nutrition Assistance Program) to the Farmers Market in September (formally known as the Food Stamp Program). It is the only year-round farmers market in South Orange County with this available option. The SNAP program is starting to take off. More advertising for the program is going out with the assistance of the USDA and Department of Agriculture. • WIC (Women, Infants and Children) and SFMNP (Senior Farmers Market Nutritional Program) have been added to the Farmers Market as of June. This allows those eligible for these programs to use their funds at the market. • Applied for Market Match through the State of California. Governor Brown enacted a state wide program for 2017 for those markets accepting SNAP to gain access to matching funds. This is a change from the previous iteration of the program that only selected highly profitable markets. Each week a customer on SNAP can access another $10 of funds free of charge that can be used only at the market that week. The Market Match is then reimbursed to the market by the state via the Market Match program. In accordance with Section 1 D of the Agreement that states, "Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage." The Chamber performed the following: • Monthly mixers provided networking opportunities for our members and guests. Businesses hosting the mixers were as follows: April-The Ecology Center, May-Imperio Nissan, June- RRM Design Group, and a bonus mixer with San Clemente, Dana Point, Laguna Niguel at the Monarch Beach Resort was a huge turnout. • We are preparing for our July Installation Dinner at the El Adobe where our new board is installed, ambassador of the year, business of the year and man/woman of the year awards are handed out. • We continued with our well received "Lunch Local." Once a month we pick a member restaurant and invite our members as well as city staff and residents (and their guests) to join us for an informal networking lunch to meet, greet and share ideas. We continue to see great involvement and excitement from our guests and restaurants. April-Panera Bread, May-L'Hirondelle's, June -San Juan Hills Golf Club • Restaurant!T ourism Council meets monthly to enhance the economy of the hospitality businesses in San Juan Capistrano. Lt. Spalding has met with the council on many occasions to speak about the homeless population and recent break-ins at local restaurants. It was with SJC PO that the perpetrators were apprehended. • Launched "Third Thursdays Shop & Dine SJC (www.Vis itSJC .com!ThirdThursda ys) to promote downtown businesses after hours . Shops agree to stay open till 8pm the third Thursdays of each month and offer promotions. Promotions can be anything from live music, art demos , discounts, etc. We encourage all businesses to join us, members or not. We anticipate even more participation when the new hotels are completed . • Assisted with the Third Annual Eco Expo by providing an information booth both days at the event, April 23rd and 24 1h . • June started the first San Juan Summer Nites concert and our first wine and beer booth of the season. • Starting work on Rodeo Week that promotes businesses during Rancho Mission Viejo's annual rodeo. • St a rtin g work on the 201h ann ual V in t a ge Food & Wine Festival to be he ld at the Mission San Juan Ca pistrano on October 81h, 20 16. W e are cur rently brining the s i lent a uction activity in-house. • UBER contract and relationship is in place. Please visit www.VisitSJC.com/UBER for more information. • Assisting with OC Public Works with their La Pata Ribbon Cutting event on August 131h . • Coordinated city officials , members of the commun ity and local news agencies on a report regarding the Juaneno Village in the Northwest Open Space. • Assisting Goin' Native with a Fall Fair at Reata Park in October to promote local businesses and the park. • Assisting in getting vendors for San Juan Hills Golf Club's 501h Anniversary Party "Summer Swing " August 131h. In accordance with Section 1 E of the Agreement which states , "Serve to receive and respond to written and verbal inquiries regarding residential , commercial, industrial, tourist and business matters as they relate to the City." The Chamber performed the following: • Provided services for the City of San Juan Capistrano Visitor Center requests which include walk- ins, answering phone inquiries, assembling and mailing visitor and relocation packets, answering e- mail requests , and providing other information as requested . • Mailed tourism requests and average of 65-70 per month at a cost of $9.65 for each mailing . Attached please find the financials for visitor information services rendered pursuant to our agreement for this reporting period. San Juan Capistrano Chamber of Commerce Visitors Center Costs Fourth Quarter 2015-2016 April, May and June 2016 Description Actual* City paid fee for the Visitors Center $ 6,250 Subtotal $ 6,250 Expenditures Rent $ 1,403 Staffing Expenses $ 21,384 Insurance $ 810 Utilities $ 821 Office Supplies $ 699 Postage $ 427 Subtotal $ 25,543 Net Operating Gain or (Loss) $ (19 ,293)