CC Resolution 13158 - Agreement with Urban Village Farmers' Market Association RESOLUTION NO. 13158
RESOLUTION OF THE CITY OF CAMPBELL CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
URBAN VILLAGE FARMERS' MARKET ASSOCIATION
TO OPERATE AND MANAGE THE DOWNTOWN CAMPBELL FARMERS' MARKET
WHEREAS, on March 1, 2024, the City of Campbell (City) issued 'a Request for
Qualifications (RFQ) seeking responses from qualified farmers' market operators to operate
and manage the Downtown Campbell Farmers' Market; and
WHEREAS, the City noted that any organization interested in responding to the RFQ would
be expected to:
• Have at least three (3) years' experience managing and operating all aspects of a
successful farmers' market or a special event that includes the offering of goods similar
to that of a farmers' market operation;
• Be familiar with all county, state, and federal regulations pertaining to farmers'
markets;
• Have the ability to provide vendors of quality organic produce, fruits, plants,, and locally
made food products; and
• Support the City's Economic Development Plan by providing a farmers' market that
adds to the vibrancy and appeal of Downtown Campbell, attracts new visitors, and
serves the needs of the community with fresh fruits and vegetables and locally made
goods; and
WHEREAS, interested organizations would also be required to:
• Continue operating the Downtown Campbell Farmers' Market in its existing footprint,
along E. Campbell Avenue, between Third Street and Central Avenue, and along both
S. Second Street and S. First Street, between Orchard City Drive and E. Campbell
Avenue;
• Operate the Downtown Campbell Farmers' Market on Sundays, from 9:00 AM to 1:00
PM;
• Agree that at least seventy-five percent (75%) of the vendors operating within the
Downtown Campbell Farmers' Market would offer organic produce, fruit, flowers,
plants, meats, seafood, and prepared edible products,such as: cheese, pasta, baked
goods, candy, and other specialty foods;
• Agree that no more than twenty-five (25%) of the vendors operating in the Downtown
Campbell Farmers' Market would offer arts and crafts;
• Agree that mobile food facilities including trucks, trailers, vans, carts, or any portable
units used to prepare, sell, or transport food would not be allowed to operate in the
Downtown Campbell Farmers' Market; and
.• Obtain a City business license and maintain the license throughout the duration of the
agreement with the City and the operation of the Downtown Campbell Farmers'
Market; and
WHEREAS, in lieu of each vendor operating with a City-issued business license, interested
organizations would be expected to enter into a four-year agreement with the City and pay the
City an annual fee for the use of the City's streets and sidewalks; and
WHEREAS, the City received two responses to its RFQ, one of which was submitted by
Urban Village Farmers' Market Association; and
WHEREAS, based on the Operations Plans, Business Plans, professional references, and
responses provided during panel interviews, Urban Village Farmers' Market Association stood
out as the most qualified candidate to operate the Downtown Campbell Farmers' Market;
NOW, 'THEREFORE, BE IT RESOLVED, that the City of Campbell City Council does
hereby approve and authorize the City Manager to execute the "City Of Campbell Farmers'
Market Agreement," attached hereto and incorporated herewith, to allow the Urban Village
Farmers' Market Association to operate and manage the Downtown Campbell Farmers'
Market, effective July 1, 2024 through June 30, 2028.
PASSED AND ADOPTED this 21st of May, 2024 by the following roll call vote:
AYES: Council Members: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Council Members: None
ABSTAIN: Council Members: None
ABSENT: Council Members: None
APPROVE , I
Susan M. Landry, Mayor
ATTEST: /' /Gl
Andrea ders, City Clerk
CITY OF CAMPBELL
FARMERS' MARKET AGREEMENT
This City of Campbell Farmers' Market .Agreement. (hereinafter referred to as
"Agreement") is entered into on the 21 day of Mav , 2024, by and
between the CITY OF CAMPBELL(hereinafter referred to as"City")and Urban Village Farmers'
Market Association (hereinafter referred to as"Operator"). This Agreement shall expire on June
30, 2028.
WHEREAS, the City desires to have a certified farmers' market operating in Downtown
Campbell (hereinafter referred to as "Downtown") to support the City's Economic Development
Plan as an amenity that adds to the vibrancy and appeal of.Downtown, attracts new visitors, and
serves the needs of local residents by providing the availability of fresh fruits and vegetables to
the community; and
WHEREAS, the City desires to retain the services of Operator for the purpose of operating
a certified farmers' market in Downtown (herein after referred to as "Market"); and
WHEREAS, the City desires for the Market to meet the certification requirements of the
County of Santa Clara's Agricultural Commissioner and Department of Environmental Health;
and
WHEREAS, Operator represents it has the expertise, means, and ability to fulfill the
covenants, conditions, provisions, and duties in operating and managing the Market, as set forth
herein;
NOW, THEREFORE, in consideration of each other's mutual promises, City and Operator
agree as follows:
1. DUTIES OF OPERATOR
1.1 Operator agrees to organize and manage all aspects of the Market including, but not
limited to farmer and vendor recruitment, management of daily Market operations, and
performance and enforcement of duties, covenants, conditions, and provisions as
provided herein.
1.2 Operator shall meet the certification requirements of the State of California, County of
Santa Clara Agricultural Commissioner, and the Department of Environmental Health,
including, where applicable,the"Requirements For Temporary Food Facilities (TFF) At
Temporary Events And Certified Farmers'Markets." ("Attachment C"to City's "Request
for Qualifications—Operator of Farmers'Market in Downtown Campbell," issued March
1, 2024, hereinafter referred to as "City's RFQ".)
1.3 Operator shall obtain and maintain the requisite business license issued by the City
Finance Department to operate the Market in the City during each year of this
Agreement.
1.4 In accordance with this Agreement, Operator shall operate the Market each Sunday,
year-round, with business hours from 9:00 AM to 1:00 PM, with the exception of the
third Sundays of May and October, which are reserved for the Campbell Chamber of
Commerce (hereinafter referred to as "Chamber")'s Boogie Festival and Oktoberfest,
respectively.
1,5 Operator shall begin Market set up no sooner than 6:00 AM and close the Market for
business no later than 1:00 PM. Vendors shall be packed and vacated from the streets
no later than 3:00 PM. Sidewalks and streets shall be cleaned of liter and debris with
streets opened to traffic no later than 3:00 PM.
1.6 Operator shall operate only within the footprint and areas designated within the Farmers'
Market Vendor Booth & Barricade Plan. ("Attachment A"to City's RFQ.) Operator shall
also be responsible for installing and removing all barricades and signs for street
closures, directional signs, and prohibitive signs (i.e., "No Dogs") necessary for the
operation of the Market in compliance with the Farmers' Market Vendor Booth &
Barricade Plan.
a. In the event the City installs public safety improvements such as bollards
or other protective barriers as part.of a City-approved public safety plan
for the Market, Operator is required to contribute a pro rata share of these
improvements.
b. Should Police Department personnel be required to provide security
services at. the Market, as determined by the Chief of Police, Operator
shall be responsible for related costs.
1.7 Operator shall ensure that live animals are not permitted within twenty (20) feet of any
Temporary Food Facilities, in accordance with County of Santa Clara Department of
Environmental Health's "Requirements for Temporary Food Facilities (TFF) at
Temporary Events and Certified Farmers' Markets". ("Attachment C" to City's RFQ.)
Operator agrees to post clear signage requiring individuals with emotional support and
comfort animals to comply with this requirement.
1.8 Service animals trained to assist persons with disabilities as a reasonable
accommodation under the control of their handlers are permitted in the Market pursuant
to the Americans with Disabilities Act (hereinafter referred to as "ADA").
•
1.9 Dogs under the control of uniformed law enforcement officers acting in the scope of their
duties are permitted in the Market. Dogs under the control of licensed private patrol
service providers acting in the scope of their duties are permitted in the Market pursuant
to the California Business and Professions Code regulating private security services.
1.10 Operator shall conduct regular patrols during Market hours to ensure compliance with
Sections 1.6 through 1.9 of this Agreement.
1.11 Operator agrees to perform under this Agreement in accordance with the degree ofskill
and expertise generally exercised by members of Operator's profession. Operator shall
act in good faith with the.City in all aspects of the performance of this Agreement.
1.12 Operator's designated Project Manager shall be Ron Pardini . The Operator's
Project Manager shall have all the necessary authority to direct work within the scope
of the Agreement and shall serve as the principal point of contact.with the City.
1.13 The authorized Project Manager or designee executing this Agreement shall have
authority to make decisions regarding changes in services, termination, and other
contractual matters on behalf of Operator.
1.14 Either the Project Manager or a designated Market Manager shall be in attendance at
all times during the Market's operation. During the summer months when the Market
attendance is at peak volumes, the Market may require Operator to retain additional
- staff to manage the Market. The Operator will ensure that adequate supervision is in
place to manage the Market's activities and Operator's employees, agents, and
subcontractors on any given Sunday.
1.15 Operator is ultimately responsible for the actions of any Project Manager, Market
Manager(s), and/or Operator employees, agents, and subcontractors that may be
appointed by the Operator. It shall be the Operator's responsibility to ensure that the
Market has adequate supervision by qualified personnel who can interact with the
public, business owners, and City representatives in a professional and responsible
manner. If requested by the City, Operator shall replace staff for good cause. The
Market Manager shall be required to carry a cell phone and provide the City with the cell
phone number in the event City or Police Department staff need to contact the Market
Manager the day of the Market.
1.16 Operator shall supply a minimum of one source-separated solid waste, recycling, and
organic receptacle for every block of the Market. Operator shall also place an extra
solid waste receptacle adjacent to each City trash receptacle along E. Campbell
Avenue, between Third Street and Central Avenue, to relieve the overflow of trash in
City trash receptacles during the Market. See City Trash Receptacle Map for locations,
attached hereto as, "Exhibit I." Operator will regularly empty full City trash receptacles
during the Market and remove excess trash from City trash receptacles after the Market
closes for business.
1.17 Operator shall dispose of all waste generated by the Market into dedicated waste
containers provided by the City's exclusive haulers. The waste containers shall be
stored at a location designated by the City's Public Works Director. Operator shall
arrange for and maintain weekly collection service with the City's exclusive hauler.
Container lids must be closed at all times. Locked bin service is advised. The area
surrounding the container shall be maintained free of litter and debris.
1.18 At least seventy-five percent (75%) of the Market vendors will offer organic produce,
fruit, flowers, plants, meats, seafood, and prepared edible products, such as: cheese,
pasta, baked goods, candy, and other specialty foods.The percentage of arts and crafts
vendors selling goods at the Market shall be limited to no more than twenty-five percent
(25%) of the Market vendors. The City has the discretion to have the Operator remove
a vendor that sells products or merchandise that directly competes with Downtown
merchants.
1.19 Operator is responsible for ensuring that placement of vendor booths and displays
complies with Santa Clara County Fire Department requirements. Operator is also
responsible for ensuring that all driving surfaces are kept free of obstructions including
vendor booths and vehicles to allow for fire vehicle access. All sidewalk and crosswalk
areas, and ADA ramps intended for pedestrian access between the streets and
sidewalks shall be free and clear accessible paths of travel pursuant to ADA accessibility
requirements during the Market.
•
1.20 Operator shall provide adequate booth spacing to allow for egress and ingress to the
"Courtyard" retail property, located at 295-329 E.Campbell Avenue, so that this location
may be accessible to patrons of the businesses at this location.
1.21 There shall be no stacking or placement of produce, produce containers, or any vendor
supplies, chairs, display cases, or other items on public sidewalks or against buildings
during the Market. The Operator shall be responsible for cleaning up any produce stains
related to produce stacking or staging including steam cleaning as determined by the
City.
1.22 Unless otherwise required by the State of California, County of Santa Clara Agricultural
Commissioner and Department of Environmental Health, vendors shall not install booth
screens, panels or other materials that block visibility to Downtown storefronts.The back
sides of all booths shall remain open so businesses behind each vendor have clear
visibility to the street.
1.23 Vendors are prohibited from using any City trash receptacles to dispose of their refuse.
Each vendor shall ensure the area around their booth is completely cleaned and all
equipment, supplies, boxes, trash, and debris are cleaned up at the conclusion of the
Market.
1.24 All vendors shall comply with Chapters 6.19 and 6.30 of the Campbell Municipal Code
regarding restrictions and prohibitions of single-use foodware accessories, standard
condiments, and expanded polystyrene disposable food service ware.
1.25 Vendors violating Sections 1.21, 1.22, 1.23 and/or 1.24 of this Agreement shall be fined
by the Operator to ensure future compliance.
1.26 Operator shall display downtown merchant promotional materials, as provided by
downtown business owners and'the Downtown Campbell Business Association, to
market their businesses, programs, and events at the Market's information booth each
Sunday. The Chamber shall have display space at the Market's information booth for
its promotional materials when requested.
1.27 Operator shall provide the City with a designated area in front of 276 E. Campbell
Avenue for the City's use to promote City-sponsored programs, services, and events.
The City reserves the right to use this area on the first, third, and when applicable, fifth
Sundays of the month. The Campbell Community Emergency Response Team
(hereinafter referred to as, "CERT") shall use this area during the second and fourth
Sundays of each month.
1.28 Operator shall provide at least three (3)four-foot tables, twelve (12) folding or stackable
chairs and two (2) umbrellas, if needed for shade, in the cooked-food vendor area along
E. Campbell Avenue between Second Street and Third Street so patrons may consume
their cooked-food purchases. Operator shall place at least two trash receptacles in this
area and keep said area free of all litter and debris during Market business hours.
• Tables, chairs, and umbrellas shall be stored as designated by the City's Public Works
Director at no cost to the Operator.
2. DUTIES OF THE CITY
2.1 City shall promote the Market via its media channels such as the City's website, social
media platforms, lamp post banners, and other promotional materials.
2.2 City shall work cooperatively and in good faith with the Operator in resolving issues to
ensure a successful Market.
1 COMPENSATION TO THE CITY
3.1 While the City provides Market vendors the use of City streets and public right-of-way
to conduct retail sales transactions and generate revenue at a minimal cost, the
presence of vendors increases the cost of maintenance of streets and sidewalks to the
City. Additionally, Downtown businesses pay rent, incur operating expenses, and pay
business license fees to the City. In consideration of the impacts to local businesses,
the cost to the City for maintenance of City streets and sidewalks, and the use of the
public right-of-way, Operator agrees to compensate the City based on the fee schedule
provided in Section 3.4 of this Agreement and in lieu of each vendor operating with a
City-issued business license.
3.2 The Operator shall pay the City an annual fee, to be paid by Operator on a quarterly
basis, by cash or check, between July 1, 2024, and June 30, 2028..The annual fee shall
increase by 2% beginning January 1, 2025, and during each subsequent year of this
Agreement. The annual fee increase is based on the maximum annual percentage
increase of City business license fees of 2%as set by Campbell Municipal Code Section
5.01.170. Including these annual increases eliminates the need to re-negotiate an
annual fee more frequently.
3.3 The City will collect $62,882.50 during the lifetime of this Agreement. The 2024 fee
reflects the prorated amount to be collected between July 1, 2024, and December 31,
2024. The 2028 fee reflects the prorated amount to be collected between January 1,
2028, and June 30, 2028, so time periods for any subsequent agreements align with the
City's fiscal year.
3.4 Annual Fee Schedule 2024 through 2028:
Year Amount of Increase* Annual Fee Quarterly Fee
2024 $0 $7,553** $3,776.50
2025 $302 $15,408 $3,852
2026. $308 $15,716 $3,929
2027 $314 $16,030 $4,007.50
2028 $321 $8,175.50*** $4,087.75
Totals****
* Amount of increase is based on a 2%annual increase.
**Total Fee collected between July 1, 2024, and December 31,2024.
***Total Fee collected between January 1,2028, and June 30, 2028.
****The annual fee is calculated using a total of one hundred(100)Market vendors,multiplied by the current
fiscal year business license fee, and includes costs associated with street and sidewalk cleaning and
maintenance.
3.5 Fees owed to the City are due on the last day of each quarter (March 30, June 30,
September 30, and December 31). If payment is not received within ten (10) calendar
days of the due date, a ten percent(10%) late penalty shall be added to the total amount
due. If the 10th day falls on a weekend and/or holiday, fees are due on the preceding
business day. The 10% penalty shall apply to all outstanding fees owed, including
current fees, past due fees, and accumulated late charges. An interest rate of one and
one-half percent(1.5%)will be charged on a monthly basis on any unpaid balances until
paid in full.
3.6 If Operator fails to timely pay the fees owed for two (2) or more quarters, the City may
terminate this Agreement pursuant to Sections 7 and 9 herein.
3.7 Payment shall be made to:
•
The City. of Campbell
Finance Department
Attention: Accounts Receivable
70 N First Street
Campbell, CA 95008
4. COMPENSATION TO THE OPERATOR
The City agrees that all monies generated by membership and stall fees paid by farmers and
vendors shall be compensation to the Operator for operation of the Market.
5. TERM OF CONTRACT
This four-year Agreement shall be in full force and effect from the date of execution until it
expires on June 30, 2028. At least ninety (90) days prior to expiration of this Agreement,
Operator and City will enter into discussions for consideration of an Agreement extension
and any amendments as deemed appropriate. Operator and City may re-evaluate this
Agreement in the event of such a request by the City or Operator as deemed appropriate.
6. NO ASSIGNMENT
Except as otherwise expressly provided in this Agreement, it is understood and agreed that
this Agreement is for specialized professional services and Operator cannot assign
management services without the City's prior consent in writing.
7. TERMINATION
The City or Operator may terminate the Agreement for convenience by providing written
notice to the other party not less than thirty(30)calendar days prior to an effective termination
date.
The City or Operator may terminate the Agreement for material breach of Agreement by
providing written notice to the other party not less than seven (7) calendar days prior to the
effective termination date.
In no event will the City be liable for any loss of profits on the resulting Agreement or portion
thereof so terminated. After the effective date of termination, Operator will have no further
claims against the City under the Agreement. Termination of the Agreement pursuant to this
Section may not relieve the Operator of any liability to City for damages sustained by City
because of any breach of Agreement by Operator.
The rights and remedies provided in this.Section will not be exclusive and are in addition to
any rights and remedies provided by law or under the Agreement
8. BEST EFFORTS OF THE OPERATOR
Operator agrees that it will, at all times faithfully,industriously., and to the best of its ability,
experience, and talent,perform all of the duties that may be required of or from it, pursuant
to all terms of this Agreement, expressed or implied, in a.manner reasonably satisfactory to
the City, in accordance with the standards reasonably expected of a Market Manager so
engaged.
9. DEFAULT & REMEDIES
The occurrence of the following constitutes a material default and breach of this Agreement
by Operator: The failure of Operator to timely pay fees owed to the City for two (2) or more
quarters, or the failure of Operator to observe or perform any of the covenants, conditions,
or provisions of this Agreement to be observed or performed by Operator, where the failure
continues for a period of two (2) consecutive Markets after written notice thereof from the
City to the Operator; provided, however,,that if the nature of Operator's default is such that
more than two consecutive Markets are reasonably required for its cure, as determined in
good faith by the City, then Operator shall not be deemed to be in default if Operator diligently
commences and completes such cure within the prescribed time period or a reasonable
period of time as determined in good faith by the City.
' If the default is not corrected as determined in good faith by the City, and within either the
prescribed time period or a reasonable time period, the City shall impose a fine equal to the
current business license fee for each and every following Market date until the default is
corrected.
If such default and breach are not cured, as provided herein, then City shall have the right to
terminate this Agreement and pursue those remedies available to it under the laws of the
State of California,
10. INDEPENDENT CONTRACTOR AND OPERATOR NOT AN AGENT
In the performance of its work, it is expressly understood that Operator, including Operator's
employees and agents, are independent contractors, and not employees or agents of the
City. Operator shall retain full control over the employment, direction, compensation, and
discharge of such individuals as they assist Operator in the performance of services
hereunder. Operator shall be fully responsible for all matters relating to wages or salaries of
such individuals, such as the payment of all employment taxes, including SDI, Federal, and
State income taxes, unemployment insurance, and disability taxes, among others, if so
required, and will be responsible for compliance with all laws and regulations governing such
matters. Operator shall be responsible for its own acts and those of its employees and agents
during the term of this Agreement.
11. INDEMNITY .
Operator agrees to indemnify, defend, and hold the City, its councilmembers, officials,
officers, directors, employees, representatives, volunteers, and agents harmless from and
against any and all liability, claims, losses, damages, demands, suits, actions, causes of
•
actions, judgments, or costs and expenses (including attorney's fees) arising out of, or
alleged to arise out of the acts or omissions of Operator, its employees, agents,
subcontractors, or vendors in any way related to the obligations or in the performance of the
services under this Agreement, including but not limited to the violation of any Federal, State,
or municipal law or ordinance, except where caused by the sole negligence or willful
misconduct of the City. This provision shall expressly apply to, but is not limited to any and
all liability, claims, losses, damages, suits, actions, causes of actions for bodily injury,
personal injury, property damage, or infringement of any property rights, including but not
limited to intellectual property rights. This provision is intended to fully, allocate all risk
between the parties for liability to third parties; and Operator shall have no rights against City
for indemnity, contribution, or defense as to any matter covered by this provision. This
provision shall survive the termination of this Agreement; and approval of any insurance
coverage does not, in any way,relieve Operator of liability under this clause.
1.2. INSURANCE REQUIREMENTS
Upon execution of this Agreement, throughout the duration of the Agreement, and, in any
event, before Operator begins operations in the Market footprint, as shown in the Farmers'
Market Vendor Booth & Barricade Plan ("Attachment A" to City's RFQ), Operator will
maintain, at its own expense, the insurance requirements as set forth in this section, and
submit verification of coverage for review and approval by the City by means of a Certificate
of Insurance. Operator will insure the City against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the Agreement
and the results of that performance by Operator and/or by Operator's employees, agents,
subcontractors, or vendors. In the event Operator subcontracts any of the work provided
herein, Operator shall not allow any subcontractors to commence work on their subcontracts
until all similar insurance required of such persons has been obtained and verified. Such
insurance shall,remain in full force and effect at all times during the term of this Agreement.
The City will be issued a Certificate of Insurance with the following minimum requirements:
Certificate(s) will show current policy number(s) and effective dates; coverage and policy
limits will meet, or exceed, the requirements set forth below; the Certificate Holder will be the
City of Campbell, 70 N. First Street, Campbell, California 95008; Certificate(s)will be signed
by an authorized representative; and an endorsement will be provided to show the City, its
councilmembers, officials, officers, directors, employees, representatives, volunteers, and
agents as additional insureds.
12.1 Minimum Scope and Limit of insurance
12.1.1 Commercial General Liability (CGL): coverage at least as broad as iSO Form
CG 00 01 covering CGL on an "occurrence" basis, including, but not limited to, products
and completed operations, contractual liability, broad form property damage,.including
damage to the Market footprint ("Attachment A"to the City's RFQ), injury to or
destruction of City's property, death, bodily injury and personal and advertising injury,
coverage for explosion, collapse and underground damages, and limited pollution liability
endorsement, with limits no less than $2,000,000 per occurrence, $2,000,000 personal
injury liability, and $2,000,000.aggregate for products-completed operations. if a general
aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence
limit.
12.1.2 Workers' Compensation and Employer's Liability: Workers' Compensation
insurance as required by the State of California, with Statutory Limits, and Employer's
Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or
disease, $1,000,000 disease -policy limit, $1,000,000 disease -each employee. The
Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
the City (and its councilmembers, officials, officers, directors, employees,
representatives, volunteers, and agents). The insurers shall agree to waive all rights of
subrogation against the City and its councilmembers, officials, officers, directors,
employees, representatives, volunteers, and agents arising from Operator's access
and/or use of the Market footprint("Attachment A" to the City's RFQ).
12.1.3 Automobile Liability: coverage at least as broad as ISO Form Number CA 00
01 covering any auto (Code 1), with limit no less than $2,000,000 combined single limit
each occurrence/per accident for bodily injury and property damage.
12.1.4 "All Risk" Property insurance against loss or damage to the Market footprint
("Attachment A"to the City's RFQ) (and improvements thereon) resulting from fire,
windstorm, hail, lightning, vandalism, malicious mischief, and such other perils ordinarily
included in extended coverage casualty insurance policies. Such insurance shall be
maintained in an amount not less than one hundred percent(100%) of the full
replacement value of the Market footprint and improvements.
13. NOTICES
Any notice required or authorized to be given under this Agreement shall be duly and properly
given to City or Operator in writing to the addresses set forth below, or such other address
as either party may from time to time designate, in writing, to the other.
THE CITY: Brian Loventhal
• City Manager
City of Campbell
City Manager's Office
70 N. First Street
Campbell, CA 95008
THE OPERATOR: Urban Village Farmers' Market Association
484 Lake Park Avenue#501
Oakland, CA 94610
Changes to the above information shall be given to the other party in writing ten (10) business
days before the change is effective.
14. ENTIRE AGREEMENT
This Agreement,along with any Exhibits,embodies the whole agreement between the parties
hereto and there are no inducements,promises, terms, conditions, or obligations made or
entered into by the City or Operator other than those contained herein. This Agreement
supersedes any previous written or oral agreements between the parties with respect to the
matters addressed herein.
15. WARRANTY OF AUTHORITY
The signatories to this Agreement warrant and represent that each is authorized to execute
this Agreement and that their respective signatures serve to legally obligate their respective
representatives, agents, successors, and assigns to comply with the provisions of this
Agreement.
Having read and understood the foregoing Agreement,the undersigned parties hereby agree
to be bound hereby:
CITY OF CAMPBELL
By: , - ==`_'."' -" _ Date: S1 .7� /
`Btn Loventhai
Title: City Manager
OPERATOR
By: Date: {1,44"
Ron rdini -11/2
Title: Executive Director
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ATTACHMENT C
County of Santa Clara Department of Environmental Health's Requirements For
Temporary Food Facilities (TFF) At Temporary Events And Certified Farmers' Markets
.1111t _
- - -
• - - •
REQUIREMENTS FOR TEMPORARY FOOD FACILITIES (TFF)
AT TEMPORARY EVENTS AND CERTIFIED FARMERS' MARKETS
f vet.;r 4,w:bus t f or food tt...v.tIns ate hood tha". aTtaopr oved Putt, '
et ft...quake>to-.tot-rale TFF Y.71',Orrestlf ICP)O ionpat.sadedoic,epaceaged(o sarett ,
away to the potatt,
▪ Tempufar E.utits mOtAte fest:vats laws ceterratt anent events t....-fak-ofls.etrs.
- Certified Farmers Markets may fte.e food bootns operating adacert to thee cr.-if...tut::pro,ddcers sect on Markets
"' PI oPur •,eat rocald try seasoner.,
ilastart Iteaulmasourrs
Art perms:appricatems.apt:doable.downier feet ist be submitted BY die Ever.t Corycri.toi Malt et Marta jer to DEt.
at least 2 weeks before the Terreriotery EvertsV,a't i 0,the•t-f10!5 Cer5f-ed F at met Market operatoi.start dale
• Each TFF operator must apply for a per oft to operate
• TFF I that pre,tpeckage foods must nave a view:PrPaessed Food Rer„astafron flurn Int Ca,rfor eta Dtartntrelf of
Putfl4C Heath V*11 thee octane for mote niformadon N'A'AcJ r". r t
• Once HI penult amtcsstion ts approved NO&ranges may be made radticut approval of the Decarancr.1
▪ Ttc Departmeet of EtlY110011x-raii Heaah foElit Lot:ducts nsk-taved insoo_tror s tr.>ensure a safe food coefation
• Unautriorderl changes to the menu o no-t-cornance may t tide,.n clusare of food facaty until defKrerrc.cs arc
cvtected
RentrvsfrernfonSor iff-Aare trtSpuctKets kaiser mart at nurutes may se assessed arattiorat fees lc I 54-tontate
tracrements.attne contra rate eporovec by tne Board of St.tuutY114.Y.f. As of 7,1,1 t, the rate is 529 Ov pet taxa
• At events*eh two or more TITS a person cc 0';arl.23bC..tr.trI;S:tve resprzostitle for stared tauot.o !r.:- res--..tooms
clef e(a,p•tmtt:Jt• tttatt •VaV:e 4,4)1)1,411 a-K1 tIreSt,-21C1J1i everl tlu-.•etnatot pet nte
Fool>Boom CousTitudnds
tic-tee-age umf•t;ut:t-C ri a fluor peas a;anti foot ildvs fotteas
• t „tot.,041;:c• grA.V.be T 0011 and clean:axe
• Smooth pavement conaete,in.pnatt and r;r4 aratfo are approved
• Grass ur Irt floors must be covered waft a;Stafc,red:arr.:s or pry-wood
▪ Centig.dvernetad evvenng may be s;anY2m wood ett.
• Watts must completely enclose Me boat on A fora sus we.nu gaps
• WooJ.iacasplasmj. to-mesh f a.reen fig t.N tilat lie IS itptiflJVCil
• Cht.ttit local frc departmee:for coot y bcsuct friderrat req_•rerr,, ,t,
▪ Paar4hcu*rode*OrdelnIngs
• Must not exceed 216 souare inches(approximately 1 foot try I 5 feet t 5tc hae>
tqra-fittnta tattoo(e-s(e g Velcro(
• Shall be spaced a tr tern•all of 18 recurs apart
Excepbon Ocerat.ons do not need tooth sedeseatis If either of ere fortcyand apply
• Only PREPACKAGED food or amen,*ate handed All food and beserages most be sole or Suf*.ttO it
Ofttlintil l.M0Mtlet3 packaging
• Unpackaged pettorttoned katide at*Oared al food cc cents of sotcd construction with tight-la:mg ads or
access doors 00d handing.WOMB Strong or scooping may be conducted
• Booth Must be large enough le accr_rnmOCIate teed pi evarahon,narultng and storage needs
• A clearly trot:0e sign must be posted loans the booth name,oily state zip mire and name of pernontte
• The Lloot:name must be at toast 3 etches rush w'th strokes at least 3.8 atones wide
• The city state zip code and name of permatee must use'tattering at least I inch in netsfil
• Nan proFrf Claw:3P*Walls we not t'ectirred fit CYO.'Ile rt,,S slPa
The Center for Disease Control and Prevention ICOCI identified the renewals risk factors as most(Welty to cause
food-borne illnesses'
1 Poor employed Math and hygorns
2 Improper holtorthoidide lemporatures or potentially hazardous foods
3 Improper cooking toomperaturds of food
4 Dirty affdidt Ceetatneitaitri attertsits and ltdwprnorti
5 Food from tots/ft sources
IHINO VOAaiatts
• ":" e 1x..,• -, _ _ utt dCkdC^_: mot open f000s Cc r5 ntU4:4 • le hanC.ea h iiv faclibes in of
r, ,.• .• • t;,iSiEI£t't!`f zd bOoth
• . .c set ub a bperattonal prior tw_,berg c r t•,a'sx a :„.u•ot!uaft. it sour!fie
,1d r d as rexssar yr
• •vasn:lands wen soar,ate warn)watt ir. r••,rtt ' .,;.,,t:t the 1,4tttart=..,natloc of fad Trbs
��.to eaasnasg hands before_har ,rn., '_,<_I utensts after t'.aruilinu ray artirlal
' Cy after toudrnty;a r fa'_C•;r tiarr t,;-c •,,t restrouttr
• • orntsl of.
2 galions or nio•e watt a sordol that
Cat.t • _;;ion ter hands-free 1.ast-arq}.
i uur;tp st ease••
- i• i' uL ter wastewater• Gluier LISCIS 001 a ttud rtIL V' r harv„has't:ny tnarCs rnuii w WaSrted prior IC o,}rrrtirttj gloves "•' I
If used groves must be fo c- aade and smile-ale
• Mand sat'atizet rs not a Sot.}s'tu:e for harewashn•g If u•t J.:aratuer must bu ooi g•ade anJ7
only used after .. r,_s 44:: With soau arui wain,water Sanatatis)trust be u>se^a
a blard'>Q Fa n*
1,111/11011OLIPiwsiratto Arid$iAtaTLZJ
• as:u€,tits slat Nand urpackage;d cY r t)Crl feeds or bere Cages waist pro..10e utett,1 watt IN awed sau,i'.wing ;tabors
I'S'DE the,e-n uaaarJ'acelty
• ,.`tiers)' r waive pots Cutting ooards.th€ttnorneters.etc.
• uIr^S1'wa t rg 5'at vr5 r`.;out ttltee#o ltairie's filed wilt potable water Ea:t.
t.;:YttaN•if:"r tr cs: ise aloe ereu.r t:: s:cornniodate the largest uter;sri to be ,t
washed
▪ Concord)a I--s'ASH- hilt st?;ipy w41c9r{use's clad soao1
• Corraaner a 2-RINSE-with dean and dear water
• C,Crtfamr = :i - SANITIZE -writ:saarritiztrtg Sotution adequate space to
AIR DRY •enstfs
• ' i _,-,•q scr • t•.?fk•Spoon unscented nousetcid bleacim K:
,,:ta.ntratron rx, tOOwnt chlorine der
y amrnon<a m r oe l maybe used
s - Rt b' e
_,�., ._�'strips to tiSti k'v-`:.111i,.L+_*r tztrerata:•.rn'�{rvtiS v dE- NatNr and add saarAtiLEri
• i,l'a'ens _ :;Bost be l'. tar'ted and saitittze.: t' 4_ __ _e_ _.t'f"Y 0 flours
• Atidr'tiOna`y m y;.-1;iaS2. f'= tans cnuS:roe stored in a 5C.'k:twr;of saritruer wren not in aoirre use. Sattttizel So+uton may be
prepared as atx•e but the utensil waste sar:ttizer:Lrntairer May not oe us rt to store*Trod cloths
• Ert&ure utens is and food ,ontact surfaces ate dlortsugnIy wa'Sfieo atlii sant=.zed after handing raw ar4m5al tcf3ucts
Foss Pour omarsoss mars bilisrainase
• At Scud most tie frtlnr ari approved source
• cm>dsf ut t, rera4es stored or t eared ni a orr:care h-„mc rimy NOT be offeree 1Ct stal& sold.or given away
• Excectton Foods orepareff by a Cottage Food Operator with a vatic Cottage Fief petm.t or registration,
▪ if weiu a:r1 vote or Ne"y,aEC foods pr,L'r tc a Isti lg tsle e tentrmarket ytxr must orate)from an a iprn'aed kctthtera
Mariam oepteS ui inrvL:xs recerrAs 1cm f.xod,avaaaLoe lot tever.,by a DEts St a +cis:
• Art ertu;men:and titer:Ss1S r',ust be: prCved by the av m r:i
• srfacc*5 that c me ir; Contact w:.`ti old must be str'Ctti ea ay C eartabie .0 C,n:;rr-abrerbent Af I tit"
e.y.; .i kunters,cuttrtg toads.uteri fs.eywprr.enit S
• Do NOT use ga:vau,izew.^.c enarruet-coated cocttware or uterts:is
• ALL:r..errfs arc!COot ng teKopment tmust be mis do the fund txxmin Jn''e_s othermsc teat:ired by
'tide io ai f•.fe ce ariMeert:see 0e .a s
• 'ccd storage are Q splay
• w.+t food a rc:u3 rg re+arid f:5caf coma rers must be;stc(re*c iris the ford boats and off the around Oft sttebrylf or
Seers
• tcedeoit SoopFos anti not'=-ix:tentia#Is na afaoos foods iti or-41..'en•±d rYitj:nn t:orr.mercral rran:sfactu!or
t ry rnai be stereo outs de t e enclosed food boom
• Store raw meats and Fcunry below and separate from ready-to-eat foods
• Extorter,: store rate citi:keri in an ice chest amid stole tettu;e rr^a drffferertt tee chest
Faso Potponortoo ono H000Loao(Commute):
=`u n st sty r bad Cr fi�s:-r ntaCt uler,
srfs ute rsal wash stators
. below w }c(iry b aceF}2 Cr, ham:wash and
NO open or urrpackacjed foci may be stored or drsptayred at service e};rr}ters
r Ck}a ny rdentify•Crsplary Only'OrOduCts
- Seif-service condiments rust be !n srrgle-ge-v,t_ :j ets Lump-type
ack
,..m a.ner� Lump-type COrrta:t:@rS or squeeze ,
im
-
• Beverage act trust be kept Separate horniceused for or.sdanoidai foods Re*rr,err.a€a ;o is fvoc:. I
•fir rt :e bare ha t* contact wan food U
se'r o-sable qkrre-.wrtnever V cheat aFGa laN� ukns�ls SUf*t as tOng§ tout, t sir€, or •
Foos:Tatlq
• ::,ule•itakly t azaidor.,s fLeds,rPifFzmustbecookedaddh ate;:cp2-r ten,ctrature_,
- C.:■urea, .s of PNFs rndade rnears.
Ai
f poultry seafood uhr.�J raCr ctwk-d brims
kei vegetables. cheeses Cut
"�'ZahlC5,many , melte „ui feNr at::es :At
• A,a ur a-e:pr++tie type meta'th rYTxJfrtctt'r r• F't�a•S et,
Clean and sanitize F must be used A PNFs are ses vet thermometer before anti after eatf7 usse '"
• A PHHFs must be matrt.ened at equoed to r
afcares Mamma,is•n:xrature toys
COOKING requirements
1
-I must b ,t7r 1,1,JW C;Ctkeu x,required mrr.rrrra•u edema' �
165 l Poultry.stuffed meats,and ether,t temperatures
stuffed foods
t
15 F Ground beef triamburger -
- 145 F r p er ,.go_ and pork
RENEA TING requirements:
165 F Rau>diy re-hear potenuatty hazarooLs food,before parry x}a warring tat t
HOLDING requirements:
- cold PI Fs or L_.'erages muss be rna maned at or below aS F
• Foods may De mantaircd at 45.F or ee=cw for up to 12 hours at a 24-r}cum
A.Le end of the atmct day,wore fc;ci must be r]estrvyed in an period
. Foods matntarpe at 41 F or below at ALL times mayapproved mart:c} ► .a
- Hot FHHFs trneitlet ty co kyd s be as used the` or.t-ab- day
above
A:the e r of lyre operating day rya: must be destroyed an na,l a t35 F
• Ado rC.r}c;t hr� �tx;van;mataaer
• qa any titers a ire rec,•uaed to actr.ety maintain t of ooe to nperat,rrc f•
Ado{irate supper of the or refrigeration equrpnrerit is rey,r red to actvel nralltan avid tool e !
ter.tpcxatures. y .
For food L nntaincrs stared un zee erasure roe ,s packed arcurie the bonne and up at s:.es of
the cufrtatn»Y. S:K gest strra}ti Pf tFs a,small :!tat: a cU•r:alrizrg
PLEASENOTE.. Food
ter►tPeraitrrlrs mayriy Of held at urtsare
d or clastr0yec,by the DepartmentIromorao rg •,
tiltramal A#itaarrik
•• Personal items l.acket purse,keys cell phone ettc..t st3+ec sprate from took:•tiw_ratv_rt,tern
Employees mustnwntarn y000 ttygiene.rrtucuig Clean frny<erna1s
open cuts sores. Must apply band, to.your
If wound is',coated o ` j-a rd it set vnia,red r
• '�r1 rrdn4s.must d?40 wear ff_,C,r�t_f,�tc'}r*e ytj7'4.,_
�orzc nor must bereStramed �t F
• Wear cleats Coining
a
• No sit? Jt7t7j flt�wee in or+mire d food booth ,%jam
• filer har-T1es•nng_texcept a t ;t solid band) nacl polish Ot aru rcral nibs if wearing LJ
watches r:ngs nal,iy;)115,1 Or artrftcat narts.foot grade gloves must arsu De horn
• &evecages may be consumed IF from a
Closed
;xa`:taa,•t walla straw
•
• rm,ktyers experiencing sneezing Coughing tunny nose. vli era gasttowtestrrvd S »7 :•.} try or k.t.r
r .i a jr such a hesr sn b rot work car riehe food ocxn
rr,7pkr•ars w�a t.�amur7a...rbk:disease sham be cx-ru'r£'�i from�e Far note n7totrtaat cr review cur '!ems Reportingfood Ott!}
ei Charge document nt r:r.,-.our - €uiremer7Di for i` Employees&Persons -41
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