LAND USE AGREEMENT
BETWEEN
THE CITY OF RICHMOND AND
THE RICHMOND CERTIFIED FARMERS MARKET ASSOCIATION
THIS LAND USE AGREEMENT (the “Agreement”) is made and entered into this 2nd day of August, 2024, by and between the CITY OF RICHMOND, a municipal corporation and charter city (“Landlord”), and the Richmond Certified Farmers Market Association, a California nonprofit corporation (“Tenant”). Landlord and Tenant are sometimes referred to individually as “Party” and collectively as “Parties.” This Agreement shall be effective immediately and shall replace and supersede any and all previous agreements or amendments thereto made between the parties.
Tenant’s address: P.O. Box 20995, El Sobrante, CA 94804______________________________ Contact person: Tom Cloman, President of the Richmond Certified Farmers Market Association Telephone: _(510) 268-8010 __ Email: [email protected]_________
RECITALS
WHEREAS, Tenant has operated a Certified Farmers Market (hereinafter the “Market”) in Richmond, CA around Civic Center since 1983 wherein farmers from around the Bay Area are provided an opportunity to sell their freshly grown produce and to sell various other related foodstuffs and crafts; and
WHEREAS, Farmers and open-air Markets play a crucial role in communities, offering various benefits that contribute to the health and well-being of both individuals, entrepreneurs, and the community as a whole; and
WHEREAS, there is a desire for the Tenant to operate an Open Air Food Market at the City- owned lot on Marina Way and MacDonald Avenue (hereinafter the “Plaza”) (APN 540-071-165- 5, APN 540-071-017-3, APN 540-071-018-1, APN 540-071-011-6) in Richmond, CA to provide a designated vendor plaza for mobile vendors; and
WHEREAS, Tenant plans to operate a Market at Lot limited to hours of operations from 9:00 a.m. to 10:00 p.m., every Thursday and Saturday between January and December, with open- air market hours scheduled for 10:00 a.m. to 9:00 p.m.; and
WHEREAS, the Parties intend to enter into this Land Use Agreement (hereinafter the “Agreement”) that shall commence on August 2nd, 2024 (“Commencement Date”) and shall expire on December 31, 2026, unless otherwise extended by Landlord and Tenant; and,
WHEREAS, the parties intend for this Agreement to describe the responsibilities of the parties for the temporary, non-exclusive use of Landlord’s property by Tenant.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 NOW, THEREFORE, in consideration of this Agreement and the mutual promises, covenants, and stipulations herein contained, the parties agree as follows:
Section 1. Incorporation of Recitals
The above recitals, including the paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full.
Section 2. Description of Tenant Rules and Regulations The rules and regulations agreed upon to be provided by Tenant are set forth in Exhibit “A”
Section 3. Location
The location of the Market is set forth in Exhibit “B.” However, if required and requested by Landlord, Tenant may be required upon five (5) days’ notice in advance to temporarily relocate the Market to an area in close proximity to the location set forth in Exhibit “B”. Any such temporary relocation shall be at Landlord’s sole and absolute discretion.
Section 4. Vendor Categories
The categories of acceptable certified and non-certified vendors are set forth in Exhibit “C.”
Section 5. Insurance
Insurance requirements are set forth in Exhibit “D.”
Section 6. Term of Agreement
The Agreement shall commence upon the Commencement Date and terminate on December 31, 2026 (“Termination Date”), unless sooner terminated in accordance with Sections 12 and 13 or otherwise extended as provided herein. The Agreement may be extended by mutual written consent of the Parties, which shall not be unreasonably withheld. The City Manager has the authority to extend this agreement up to two times for a one-year period each time the Agreement is extended.
Section 7. Operations Plan
Tenant shall adhere to and update, as necessary, the Operations Plan as set forth in Exhibit “E.”
Section 8. Compensation
Landlord is allowing temporary access to its property for the specified purpose, term, and hours of operation to Tenant as described herein at no cost to Tenant. Landlord shall not pay Tenant for any services rendered under this Agreement.
Section 9. Inspection
If the services set forth in Exhibit "A" are performed by Tenant on Landlord’s property, Landlord shall have the right to inspect such work without notice.
Section 10. Services
The services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of Landlord. Tenant shall, at its own cost and expense, furnish all facilities and equipment necessary for Tenant to operate the Market.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 Section 11. General Use
Landlord’s property shall be used for activities consistent with Tenant’s operation of a Market.
Tenant shall use Landlord’s property in a manner consistent with all applicable laws, statutes, ordinances, or rules and regulations now in force and as they may be amended. Tenant shall pay all costs and expenses which may be incurred or required to be paid in order to comply with any and all laws, statutes, ordinances, rules, and regulations which apply to the use of the property and the sale of freshly grown produce and various other related foodstuffs and crafts.
Section 12. Termination Without Default
Notwithstanding any provision herein to the contrary, Landlord may, in its sole and absolute discretion and without cause, terminate this Agreement at any time upon five (5) days’ written notice to Tenant. Tenant may terminate this Agreement at any time in its sole and absolute discretion and without cause upon thirty (30) days' written notice to Landlord. In addition, Landlord may immediately terminate this Agreement upon written notice to Tenant, without default, in the event of any health or safety concerns related to the performance of this Agreement.
Section 13. Termination in the Event of Default
Should Tenant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, Landlord may immediately terminate this Agreement by giving written notice of such termination and in the notice, stating the reasons for such termination. Landlord shall be compensated for any expenses Landlord incurs as a result of Tenant’s default under this Agreement.
Section 14. Professional Ability
Tenant acknowledges, represents and warrants that Tenant is and its employees are skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. Landlord has relied upon the professional ability and training of Tenant as a material inducement to enter into this Agreement.
Tenant shall perform in accordance with generally accepted professional practices and standards of Tenant's profession. In the event that Landlord, in its sole discretion, desires the removal of any person employed or retained by Tenant to perform services hereunder, such person shall be removed immediately upon receiving notice from Landlord.
Section 15. Business License
Tenant shall obtain and maintain at all times a current Richmond Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by Landlord.
Section 16. Independent Tenant
It is expressly understood and agreed upon by both parties that Tenant, including its agents and employees, and its farmers while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent Tenant and not an employee of Landlord.
Tenant is solely responsible for its acts and omissions. This Agreement shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. Tenant agrees not to represent, at any time or in any manner, that Tenant is an employee or agent of Landlord. As Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 an independent Tenant, Tenant shall have no authority to bind Landlord to any obligation or to act as Landlord's agent except as expressly provided herein.
Section 17. Sub- Tenant
Tenant acknowledges that the services which Tenant shall provide under the Agreement are unique, personal services which, except as otherwise provided herein, Tenant shall not assign or sublet to any other party without the prior written approval of Landlord, which approval may be withheld in Landlord's sole and absolute discretion. In the event that Landlord, in writing, approves any assignment or subletting of this Agreement or the retention of sub-Tenants by Tenant, Tenant shall provide to Landlord upon request copies of each and every subcontract contract prior to the execution thereof by Tenant and sub-Tenant. Any assignment by Tenant of any or all of its rights under this Agreement without first obtaining Landlord's prior written consent shall constitute a material breach of this Agreement.
Section 18. Indemnification
To the fullest extent permitted by law, Tenant shall indemnify, defend and hold harmless Landlord and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Tenant's employees), or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with Tenant's performance of work, services, or use hereunder or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, regardless of the Tenant's fault or negligence, including any of the same resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of Landlord, its officers, agents, or servants.
Tenant shall further indemnify, defend and hold harmless the Indemnified Parties, against and from any and all claims for damages or suits arising from Tenant’s use of Landlord’s property under this Agreement, and against and from all costs, attorneys’ fees, expenses and liabilities related to any claim for damages or any action or proceeding brought within the scope of this indemnification.
Submission of insurance certificates, endorsements, or other proof of compliance with the insurance provisions does not relieve Tenants from liability under these terms. These indemnification, hold harmless and defense obligations shall apply whether or not such insurance policies are applicable to any such damages or claims for damages, and shall survive the expiration or sooner termination of this Agreement.
Section 19. Safety
Tenant acknowledges that Landlord is committed to the highest standards of workplace safety.
Tenant shall perform all work and hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility for the safety of Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 Tenant's employees and any sub-Tenant's employees. If a death, serious personal injury or property damage occurs in connection with the performance of this Agreement, Tenant shall immediately notify the Landlord by telephone.
Section 20. Nondiscrimination
In executing this Agreement, neither Tenant nor Landlord shall discriminate against any person on the grounds of race, color, religion, national origin, sex, marital status, disability, sexual orientation, ancestry or age. Any sub-Tenant agreement entered in by Tenant, pursuant to this Agreement, shall contain comparable language forbidding discriminatory practices by sub- Tenants.
Section 21. Non-Liability of Officials and Employees of the Landlord No official or employee of Landlord shall be personally liable for any default or liability under this Agreement.
Section 22. Remedies
In addition to any other available rights and remedies, either party may institute legal action to cure, correct or remedy any default, enforce any covenant herein, or enforce by specific performance the rights and obligations of the parties hereto.
Section 23. Litigation Costs
If legal action is necessary to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable litigation expenses, including court costs, expert witness and attorney fees, discovery expenses and all other related costs.
Section 24. Conflict of Interest
Tenant acknowledges, represents and warrants that Tenant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Tenant further acknowledges, represents and warrants that Tenant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. No City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Tenant. Tenant acknowledges that in the event that Tenant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to Landlord forthwith. This provision shall survive the termination of this Agreement for one (1) year.
Section 25. Continuous Use Clause
Tenant agrees to operate the Market according to the agreed upon schedule and acknowledges that failure to operate on said schedule may, at the discretion of Landlord, put them in default of the Agreement.
Section 26. Force Majeure
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 date of this Agreement, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the control of such party.
Section 27. Governing Law
This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 28. No Third Party Beneficiaries
There shall be no third party beneficiaries to this Agreement.
Section 29. Interpretation
This Agreement shall be interpreted as if drafted by both parties.
Section 30. Authorized Representatives
Landlord and Tenant shall each designate an Authorized Representative who has authority to act on its behalf in the administration of this Agreement. Landlord and Tenant warrants that the person(s) who signs this document has the full authority to do so, and by his/her signature shall bind Landlord and Tenant to each and every term and condition hereof.
Section 31. Notices
All correspondence and notice to the parties indicated herein shall be sent to the parties as follows:
LANDLORD
City of Richmond
Attention: Shasa Curl, City Manager
450 Civic Plaza
Richmond, CA 94804
TENANT
Richmond Certified Farmers ’ Market Association
Attention: Tom Cloman, President
P.O. Box 20995
El Sobrante, CA 94820
Section 32. Holdover
Unless otherwise specified by Landlord, if Tenant fails to vacate the location set forth in Exhibit “B” after expiration or termination of this Agreement, Tenant shall be deemed a trespasser which shall entitle Landlord to all remedies in equity and at law, including damages, to remove Tenant as a trespasser.
Section 33. Nonrenewal
Tenant understands and agrees that there is no representation, implication, or understanding that the Agreement will be renewed by Landlord under a new Agreement following expiration or Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 termination of this Agreement. Tenant waives all rights or claims to notice or hearing respecting any failure by Landlord to continue the purchase of all or any such services from Tenant.
Section 34. Entire Agreement
This Agreement, including the Exhibits, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communication, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement; provided, however, that correspondence or documents exchanged between Tenant and Landlord may be used to assist in the interpretation of the Exhibits to this Agreement.
Section 35. Amendment of Agreement
The Richmond City Council or the City Manager (as applicable), and the Board of Directors of the Richmond Certified Farmers Market Association are empowered to amend the provisions of this Agreement at any time provided such amendments are mutually agreed upon in writing. The City Manager has the authority to extend this agreement up to three times for a two-year period each time the agreement is extended.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day first written above.
[Signatures on Following Page]
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 LANDLORD:
City of Richmond, a California municipal corporation and charter city
By ______________________________
Title: ____________________________
Date: ____________________________
Attest:
By ______________________________
City Clerk
Approved as to form:
_______________________________
City Attorney
Insurance Coverage reviewed by:
________________________________
Risk Manager
TENANT:
Richmond Certified Farmers’ Market Association, a California nonprofit corporation
By ______________________________
Title ____________________________
Date _____________________________
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 President
8/5/2024
Deputy City Manager
8/6/2024
EXHIBIT A
Tenant Rules and Regulations
1. Scope
The scope of services to be performed by the Tenant under this Agreement shall encompass the operations of the Market.
2. Market Operation
Tenant shall establish and operate a Market event in the City of Richmond, at the location set forth in Exhibit “B” every Thursday and Saturday from approximately 9:00 a.m. until 10:00 p.m., with market hours from 10:00 a.m. to 9:00 p.m., during the period from January to December (unless another time period is mutually agreed upon due to weather or other concerns),
3. Special Events
Should the Tenant require the use of City owned property for special events, the Tenant shall notify the Landlord in writing and if applicable, complete a City of Richmond Special Event Permit Application, at least thirty (30) days in advance of such event. The Landlord shall have the authority to approve, modify or reject such request.
4. City Business License
The Tenant shall obtain a City of Richmond Business License as the sponsor of the market.
5. Operations Plan
As determined necessary, Tenant shall update and adhere to the Operations Plan as set forth in Exhibit “E.” The Operations plan shall include, but not be limited to the following information:
a. Specified location and layout of market stalls, aisles, parking areas, type and locations of barricades, identification and directional signs, types and location of producers;
b. If applicable, number and type of entertainment and special events; c. Marketing and advertising plan, including signage. Any proposed signage requires City approval regarding content and location;
d. Market rules and regulations that are aligned with applicable local, state and federal laws to be distributed to all vendors and shall include provisions regarding:
i. Obtaining proper permits for participation;
ii. Limitations on selling;
iii. Market association fees;
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 iv. Hours of operation;
v. Set-up and clean-up guidelines,
vi. Proper disposal procedures;
vii. Appropriate vendor behavior;
viii. Grounds for discipline or removal from market;
ix. Sanctions for breaking rules and regulations;
x. Information regarding health regulations; and
xi. Others as identified by Tenant.
e. Performance criteria which the Tenant will be responsible for enforcing and will be accountable to the Landlord for ensuring compliance.
6. Market Manager
Tenant shall hire and/or perform the following responsibilities:
a. A public relations coordinator and liaison to the Landlord. b. A trained on-site Market Manager who will be at each scheduled farmer’s market to assist on market days and for special events. His/her responsibilities shall include:
i. Implementing market policies and directives, and to oversee the operation of the market;
ii. Managing daily operations of the Market;
iii. Reporting any problems or concerns regarding Market operations to Landlord staff at the earliest opportunity;
iv. Ensuring vendor and Tenant compliance with all laws, rules and regulations from applicable regulatory agencies including, but not limited to, Contra Costa Health Services – Environmental Health Division and California Department of Food and Agriculture; v. Requiring all sellers to have and display at the market all appropriate permits, licenses and certificates;
vi. Ensuring that the Tenant shall not maintain, commit or permit the maintenance or commission of any nuisance or the use of the Landlord’s property for any unlawful purpose; and
vii. Maintaining financial records that establish compliance with the terms of this Agreement.
7. Market Vendors
The Tenant will recruit and put its best effort forth to have at least 10 but no more than 40 vendors participate in the Market on a weekly basis. The Tenant will recruit, and verify vendors. The selection of all vendors will be based on the categories outlined in Exhibit “C.”
8. Restrooms
Tenant will be responsible for obtaining and securing portable restrooms and hand washing units for use at every Market (units can be combined or separate). Tenant Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 will incur all costs associated with the renting, cleaning and maintenance of the portable units. Depending upon the direction provided by the City, the portable units should either be picked up by 7:00 p.m. every Sunday evening in which a market is held or the following Monday morning in which a market is held, or the portable units can remain on the Landlord’s property in an agreed upon location. If the portable units remain on the Landlord’s property then the Tenant must guarantee that the portable units are properly secured. Tenant is responsible for the cleaning and maintenance of the restroom facilities. The inside and outside of the restroom facilities need to be clean and trash free after every Market.
9. Market Site Maintenance & Clean-up
a. Site Clean-up: Tenant shall make certain that at the end of each market day the site is left clean of all trash, debris, recyclable and food waste materials (materials) associated with the Market. All materials shall be placed in appropriate receptacles for trash, recyclable and food waste materials. All vendors must maintain their stalls in a clean and sanitary condition, as specified by the City of Richmond, Contra Costa Health Services – Environmental Health Division, California Department of Food and Agriculture and any other applicable oversight agencies/entities. Each vendor is required to remove all materials from their stall areas before leaving the market. The Tenant is responsible for providing the appropriate trash and recycling receptacles for the use of vendors and customers. Tenant will provide its own custodial service for the Market clean-up and will guarantee that their custodial service vendor properly disposes of all waste. If the Landlord incurs clean-up costs as a result of the Tenant’s use of the Market area during market hours or from market vendors arriving or leaving the Market area, the Landlord will bill the Tenant for the costs.
b. City Dumpster Use: Use of an on-site dumpster or Landlord trash bins will not be allowed, unless agreed to by Landlord. If Tenant is allowed to utilize on- site dumpster or Landlord trash, recycling and/or green waste bins then Tenant must guarantee proper use of each bin (e.g. specific waste must be placed in the proper bins).
c. Long-Term Maintenance: If determined by Landlord, Tenant shall clean up any stains that result from market vendor vehicles twice per year via power washing or other acceptable method. It is recommended that vendors be required to lay down cardboard or other appropriate material to catch oil or other fluids which drip from their vehicles.
d. Repairs: Tenant shall replace at its sole cost and expense any damage to the sidewalks, roadway, lighting, buildings, and landscaping or irrigation systems at Landlord’s property attributable to the Market.
10. Marketing
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68
Any signs on or around the Market area shall be temporary and designed, purchased, ordered and installed by Tenant and/or qualified vendors. The design of any signs proposed to be placed on or around the Market area shall be approved by Landlord and the City of Richmond Planning and Building Department prior to installation and shall comply with all applicable City of Richmond codes and regulations governing signs. Signs will be set up and removed on Market day, unless permitted otherwise by Landlord.
11. Inspections
Tenant is required to inform Landlord of inspections by the Contra Costa Health Services – Environmental Health Division or other regulatory agencies and provide Landlord with any write-ups or reports provided by regulatory agencies. Any violations by Tenant shall be cause for Landlord, at Landlord’s sole discretion, to require that a specific vendor(s) be removed from the Market and/or termination of this Agreement.
12. Community Stall Space
Upon the availability of space, Tenant will provide community stall space free of charge to the Landlord, governmental agencies, and/or non-profit organizations serving Richmond to distribute information or raise funds for non-profit purposes. In the event that Tenant does not allow a City department and/or non-profit organization to occupy stall space at the Market, it is the responsibility of the Tenant to notify the organization that an appeal for community stall space may be made to the Landlord.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68
EXHIBIT B
Market Location
Market site
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68
EXHIBIT C
Vendor Categories
Acceptable categories of vendors:
Per the California Department of Food and Agriculture’s laws, certifiable agricultural products, which are certified under the jurisdiction of the County Agricultural Commissioner relative to inspection and verification of compliance with the provisions of this article, include fresh fruits, nuts, vegetables, shell eggs, honey, flowers, and nursery stock.
An approved seller must also have an approved application-to-sell on file with the Market Manager prior to exercising his/her privilege of selling at the market. Landlord may ask the Tenant to see this application and any applicable documents at any time.
Acceptable categories of non-certified vendors:
Per the California Department of Food and Agriculture’s laws, non-certifiable agricultural products include all certified agricultural products that have been processed, those products other than certified agricultural products noted in the definition of acceptable categories of certified vendors above from any tree, vine or plant and their flowers (including processed products), any horticultural (including floricultural), viticultural (including wine), and vemicultural or apiary products.
Specific items may include:
• Baked items such as breads, crackers, cookies, etc.;
• Cheese and spreads;
• Restaurant foods, prepared for purchase at market such as pastas and sauces; • Condiments such as oils, vinegars, mustards, etc.;
• Handmade crafts such as wreathes/baskets.
Any non-certified vendor which is not among the categories listed above is subject to the review and approval of the Landlord prior to participation in the market.
Non-acceptable categories of vendors:
The sale or giving away of any live animals, including but not limited to domestic animals, wild animals, insects, livestock, or poultry (including chickens) is strictly prohibited at any time in addition to any illegal items under federal, state, or local law.
Special Notes Regarding Vendors:
Tenant shall not be allowed to permit vendors selling non-food items not listed above such as clothing and electronics, and those labeled as temporary and/or mobile vendors selling foods cooked and/or prepared at the Market without Landlord’s prior written consent. Any such vendors permitted by Landlord must follow all applicable laws and obtain the proper permits and licenses required prior to participation in the Market. In the event that Tenant allows such vendors to sell at the Market without prior approval Landlord may require that such vendor(s) be removed from the Market immediately.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 This list is designed to provide a guide to help Tenant in making selections of acceptable certified and non-certified vendors; however, as necessary, Landlord reserves the right to order the removal of any producer or product that does not meet the City’s codes or that causes a public nuisance.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 Exhibit D
Insurance
Tenant shall comply with the insurance requirements that are set forth in the City of Richmond - Insurance Requirements document that is attached hereto and incorporated herein by this reference.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 Exhibit E
Operations Plan
GOVERNING RULES FOR THE RICHMOND CERTIFIED FARMERS MARKET
THE PURPOSE of the Richmond Farmers Market Association (“Association”) is to operate a Certified Farmers Market in the City of Richmond, California, in accordance with the laws, ordinances, and regulations of the state, county, and local governments, for the benefit of the producers and consumers.
The Market is certified by the Agricultural Commissioner of Contra Costa County as a direct-marketing outlet for California producers of fruits, nuts, and vegetables. These producers may sell their products directly to consumers at the Market, without having to meet the usual size, standard-pack, and container requirements for such products, under the auspices of the Direct Marketing Regulations of the California Department of Food and Agriculture. Non-certified agricultural products may also be sold outside the certified portion of the market.
The following rules apply at the Richmond Certified Farmers Market:
1. MEMBERSHIP: This is currently a “pilot” program and no annual membership dues are owed for the two years of operation.
2. HEALTH REGULATIONS: All participants in the market must abide by the regulations set by the Contra Costa Health Services – Environmental Health Division and California Department of Food and Agriculture, or other applicable regulatory agencies.
All vendors shall comply with Chapter 12 of the California Retail Food Code with regards to Farmers’ Markets. Specifically, food and food containers must be kept at least 6 inches off the ground either on a study table or in (or on) a vehicle. Health regulations prohibit the sale of food prepared in an unlicensed kitchen. Food samples must be kept in approved clean containers. Gloves must be worn when cutting food samples. Samples must be washed in potable water and dispersed within 2 hours of cutting. Smoking by food handlers is not permitted in the market stall areas.
All vendors referred to as Temporary Food Facilities (Chapter 11 of the California Retail Food Code) and/or Mobile Food Facilities (Chapter 10 of the California Retail Food Code) shall comply with applicable Federal, State and local regulations.
3. PRICES, LABELS, MEASURES: Growers are strongly encouraged to display their prices (per unit, etc.) clearly and unambiguously.
Prepackaged products sold in containers (packages, bottles) should be labeled with the quantity or weight of the contents, the grade (if applicable), and the name and address (including zip code) of the producer.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68
Scale used in the market must have current valid inspection seals from the county agent in charge of weights and measures.
4. DATES, HOURS: The Board of Directors determines the opening and closing dates for the Association’s market(s), as well as the opening and closing hours. Any changes to the dates and times set forth in this document shall be approved by the City of Richmond as long as the City’s land is being used for market operations.
Tenant plans to operate a Market at Plaza limited to hours of operations from 9:00 a.m. to 10:00 p.m., every Thursday and Saturday between January and December, with market hours scheduled for 10:00 a.m. to 9:00 p.m
Sales may not be permitted before the official daily opening of the market. Sales shall end and clean-up shall begin no later than the official closing hour of 9:00 p.m.
5. RESERVATIONS: All vendors are expected to reserve their spaces with the Manager. Vendors arriving without reservations for their first time at market will be allowed to sell that day if there is room available and they satisfy all other requirements of membership and certification.
6. CANCELLATIONS: Vendors are expected to cancel their space reservations before the next market day. Vendors failing to notify the Manager in advance of their intention not to attend a market may be charged the regular stall fee for the day missed when they next appear at the market.
The Association is authorized to handle and exchange food stamp and WIC coupons.
7. CLEAN-UP: The Association feels a special obligation to the City to leave their street in good order. Growers should keep and leave their space clean. This includes providing waste cans for sample peels and pits, policing the area periodically to prevent potential accidents, and removing waste from the market area at the end of the day.
At the Manager’s discretion, a cleaning fee of $10.00 may be assessed, after one warning, if the stall is not left clean, and a chronic violator (whom the Manager has warned at least three times, at least once in writing) risks suspension or loss of his or her reserved space.
8. STALL SPACES: Assignment of spaces is at the discretion of the Market Manager. Unresolved conflicts may be appealed to the Board. Although no formal seniority rule has been made, the Board and the Manager will try to respect the seniority of Grower Members who have a record of cooperation in reserving and cancelling their spaces in advance.
A stall space is 12 feet along the curb by about 25 feet into the street. We reserve the right to require growers to keep within these limits or pay for additional stall spaces, if available.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68
9. PRODUCTS: Certifiable products include the following: Fresh fruit, nuts, vegetables, eggs, honey, flowers and nursery stock. The Board my limit the amount of certain products in the market:
a. There shall be no more than two sellers of eggs in the Market. Eggs sellers must own and control the hens laying the eggs and be in compliance with all laws, state and federal, relating to egg production, quality control, and sales.
b. There shall be no more than two sellers of honey in the Market. Honey sellers must own and control the hives where the honey has been produced and be in compliance with all laws relating to honey production and sales. Specifically, the seller must comply with state regulations regarding containers, grading, and labeling, and must supply a copy of the health permit for the kitchen facility used in preparation and packaging the product.
c. There shall be no more than two sellers of fresh flowers or nursery stock (potted plants) in the Market.
d. The sale or giving away, of any live animals, including but not limited to domestic animals, wild animals, insects, livestock, or poultry is strictly prohibited at any time.
10. OCEAN FISH: The sale of ocean fish is not allowed by the Direct Marketing Rules within the “certified” area of the Market. Vendors wishing to sell ocean fish are to occupy an area designated for non-agricultural products which is outside the “certified” Market.
There shall be no more than two sellers of ocean fish in the non-agricultural area of the Market. Ocean fish sellers must supply the Manager with copies of pertinent permits and licenses, and particular, of currently valid product-liability insurance coverage.
11. QUALITY: Growers shall guarantee their products, food items and whatever they sell.
All sellers of potentially hazardous food (as defined in State regulations: “any food which consists of ingredients capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms, including, but not limited to, milk or milk products, eggs, meat, poultry, fish or shellfish”) must furnish satisfactory proof of compliance with regulations applicable to the preparation of their products (such as licenses from approved commissaries).
The market Manager has the authority to order a grower to label a commodity of impaired quality and/or to remove it from sale on any given market day on account of poor quality. In case of dispute, the matter may be referred to the Board of Directors.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 Any grower receiving two (2) “red tags” (for substandard quality) from the county or state Agricultural Commissioner for the same commodity within a market season will be summoned to meet the Board of Directors for a review of the grower’s continued participation in the market.
12. STANDARDS OF CONDUCT: PENALTIES: Sellers are expected to maintain high standards of honesty and to conduct themselves in a courteous, respectable, and businesslike manner. Rude, abusive, or other disruptive or offensive conduct will not be allowed in the Market at any time.
Customers are expected to maintain similar standards.
Day-to-day market problems should be handled through the Market Manager, but matters of policy, complaints and major difficulties should be taken up with the Board in writing.
The Board of directors and the Market Manager shall implement and enforce all rules and regulations pertaining to the operation of the Certified Farmers Market in fair and equitable manner.
Whereas the Market will make available the space and opportunity for any qualified producer who meets the standards of the State, County, and the Market’s rule and regulations, we also reserve the right to qualify any producer or product based upon those standard rules and regulations.
The Market also reserves the right to order removal of any producer or product that does not meet the qualifications and standards set forth by the State, County, or Market rules.
The Market Manager will assure compliance with these regulations as follows:
a. The Manager will deliver fair warning of the alleged infraction(s), verbally at first; then, in case of need, by written notice to the offending grower(s), with a copy to the Board.
b. If the alleged infraction is not resolved to the Manager’s satisfaction by the next market day, the Manager will issue a second written notice which will carry an automatic fine of $10.00.
c. If the alleged infraction is still not satisfactorily resolved, the Manager may recommend to the Board suspension of the producer’s membership and selling privileges at the Market. The Board’s decision after fair hearing is final.
13. REPRESENTATION: The Board of Directors of this Association includes one (1) representative from each Community Organization Member, and nine (9) grower and individual members. All producer Members of the Association are entitled to participate in selecting their Board representatives.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 Only the Board of Directors and its officers, the Market Manager, and individuals who may be appointed and approved by the Board, may speak publicly on behalf of the Association or its market.
14. OTHER RULES: Occasionally, other rules governing the market may be adopted by the Board as allowed in the Association’s by-laws. Members will be notified, in advance, as new rules are being considered, and again if the rules are adopted.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 Scope of Work
Budget Proposal for "Open Air Food Court": the city-owned lot on Marina Way and MacDonald Avenue (the “Plaza”)
Budget Narrative:
The City of Richmond will identify funding for the Land/Space for the Food Court.
The tenant with City support will provide resources to facilitate the overall mission and purpose which is to create a pathway to business ownership for local entrepreneurs.
Cost of proposed operation will be for two (2) days a week for a costs of $205,000 per year with upfront costs of fifty percent (50%) to be issued for associated costs to start purchasing and the permitting process for the open air market.
The Richmond Certified Farmers Market(501C3) will provide:
1. The rules regulations for the operations.
2. Provide management and oversight.
3. Provide staffing, daily.
4. Routine health and safety oversight.
5. Collaboration with City and Local Community Partners
6. Provide technical assistance.
7. Porta Potti and Grey water disposal tank.
8. Perimeter lighting.
9. Tables and chairs.
10. Provide storage for tables and chairs.
11. Labor cost (cover two (2) days per week)
12. Vendor Permits and Licenses
13. Recency, Frequency, Monetary Value (RFM) Umbrella Liability Insurance (City of Richmond as added Insured) for the land use site.
14. Recency, Frequency, Monetary Value (RFM) Umbrella Liability Insurance (City of Richmond as added Insured) for each vendor.
15. Clean-up and routine maintenance
The Vendors Responsibility:
1. Follow the rules and regulations.
2. Provide all equipment and supplies needed to operate.
3. Safely secure their occupied space.
4. Always keep clean operating space.
5. Vendors will be allowed on site one hour before and after for preparing space and to clean-up designated areas.
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68 Equipment Budget for one (1) year: Cost per year
Porta Potti (2) @ $300 each per month $ 7,200.00 Gray Water tank (250 gallons) @ $350 month $ 4,200.00 Lighting 400 ft $ 120.00
Lighting poles 12 poles $ 600.00
Tables 10 4x4 @ $50 each $ 500.00
Chairs 40 @ $20 each $ 800.00
Electricity Generator (commercial) $3,347.60 per WEEK
Electricity Solar (Top of pole mount) $600 x4 $ 2,400.00 Electricity City lot (Pole)
Cleanup and maintenance tools $ 700.00
Security Services @ $1,550 per month $ 18,600.00
Administration and Labor for one (1) year:
Labor during hours $ 50,000.00
Insurance $ 1,800.00
Vendor Insurance up to 25 vendors @ $1,000 each $ 25,000.00 Vendor County Health Permit for up to 25 vendor(s) $ 10,080.00 Permit, License, & inspection $ 944.00
Other operating costs $ 82,056.00
$ 205,000.00
Docusign Envelope ID: 4037ED74-7F78-4D83-8956-32D959A31B68