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1.6 Staff Report°WN ° MEETING DATE: 02/02/16 ITEM NO: 1.6 COs c���S COUNCIL AGENDA REPORT DATE: JANUARY 21, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE THE TOWN MANAGER TO NEGOTIATE A USE AGREEMENT WITH CALIFORNIA FARMERS' MARKETS ASSOCIATION TO PROVIDE OPERATION OF THE LOS GATOS DOWNTOWN FARMERS' MARKET FROM MARCH 21, 2016 THROUGH DECEMBER 31, 2018 WITH TWO, THREE YEAR OPTIONS TO EXTEND THE TERM. RECOMMENDATION: Authorize the Town Manager to negotiate a use agreement (Attachment 1) with California Farmers' Markets Association to provide operation of the Los Gatos Downtown Farmers' Market from March 21, 2016 through December 31, 2018 with two, three year options to extend the term. BACKGROUND: On June 26, 1992, the Town Council received a proposal from SuEllen Sterling and Melanie Defe (DBA South Bay Farmers' Markets) for a certified Farmers' Market in the Town of Los Gatos. On July 8, 1992, the Santa Clara County Health Department approved the proposed Farmers' Market and on July 20, 1992, Council granted the permit for operation of the Farmers' Market. The fust Los Gatos Farmers' Market occurred on August 2, 1992. It is typical for a farmers' market to be managed by a single operator in an agreement with a municipality. The operator provides the sourcing of farmers, food booths, entertainment, and other amenities for the market. Currently, the Los Gatos Farmers' Market occurs every Sunday, year-round, from 8:00 am. to 1:00 p.m. on Montebello Way and Broadway Avenue. Both residents and visitors frequent the Farmers' Market. On average the Farmers' Market has between 2,000 and 3,000 attendees every Sunday. The Fanners' Market currently operates through a Special Event Permit administered by the Police Department and logistics needs are coordinated with the Parks and Public Works Department. PREPARED BY: MATT MORLEY DIRECTOR OF PARKS AND PUBLIC WORKS 52 Reviewed by: Assistant Town Manager Town Attorney Finance PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO NEGOTIATE A USE AGREEMENT WITH CALIFORNIA FARMERS' MARKETS ASSOCIATION TO PROVIDE OPERATION OF THE LOS GATOS DOWNTOWN FARMERS' MARKET FROM MARCH 21, 2016 THROUGH DECEMBER 31, 201 S WITH TWO, THREE YEAR OPTIONS TO EXTENL THE TERM JANUARY 21, 2016 BACKGROUND (cont'd): On October 6, 2015, staff asked Council for direction to issue a Request for Proposals (RFP) for the Los Gatos Downtown Farmers' Market. Council approved this request and asked that staff include the restroom issue as a high priority in the search for a Farmers' Market organization. Staff also received a letter (Attachment 2) noticing the Town that South Bay Farmers' Markets would not be responding to the RFP and would no longer continue operation of the Los Gatos Farmers' Market. South Bay Farmers' Markets has been a valuable partner to the Town and continues to work with the Town on the transition plan to a new provider. DISCUSSION: The RFP was published and sent out on October 9, 2015. Six proposals were received by the due date of November 4, 2015. Proposals were submitted by Aoyama Farms, California Farmers' Markets Association, Golden Gate Farmers' Market Association, Pacific Coast Farmers' Market Association, and Urban Village Farmers' Markets Association. After a committee of three Town staff members reviewed the proposals, three organizations were selected for in person interviews with the committee. The interviews resulted in the identification of California Farmers' Markets Association (CFMA) as the appropriate fit for the Los Gatos Farmers' Market and the recommended vendor. Final scoring for the RFP is provided as Attachment 3. CFMA notably excelled in their keen interest in the market, creative ideas, professionalism, and dedication to keeping the market farmer driven. The Downtown Farmers' Market is a well-received event and a draw to the community. Staff emphasized this through the selection process and is sensitive to change in this type of a successful event. From their proposal, interview, references, and several discussions it is evident that CFMA shares the same vision and values that the community does for the market. CFMA's perspective on the market aligns with the opportunities that the market has to offer. From new events, community related promotions, and healthy market themes CFMA engenders the values and vision that has made the Los Gatos Farmers' Market successful. Additionally, CFMA operates several markets throughout the Bay Area and has the ability and interest in a seasonal expansion of the market to part of West Main Street, an option staff can explore if traffic flow can be addressed. CFMA expressed their dedication to keeping the market farmer driven throughout the year, particularly during the seasonal expansion. By focusing on farmers and not prepared food or other types of vendors, the farmers market will continue to enhance downtown business. A Scope of Services is included as Exhibit A to Attachment 1. Staff explored the transition to the new operator and CFMA is experienced in Farmers' Market transitions. Staff is confident that working with the current operator, South Bay Farmers' Markets, w.�3 PAGE MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO NEGOTIATE A USE AGREEMENT WITH CALIFORNIA FARMERS' MARKETS ASSOCIATION TO PROVIDE OPERATION OF THE LOS GATOS DOWNTOWN FARMERS' MARKET FROM MARCH 21, 2016 THROUGH DECEMBER 31, 2018 WITH TWO, THREE YEAR OPTIONS TO EXTEND THE TERM JANUARY 21, 2016 DISCUSSION (cont'd): help develop a smooth and easy transition for current vendors and market goers. CFMA has experience transitioning markets comparable to Los Gatos, including a similar transition with the downtown Los Altos Farmers' Market. They also operate several small markets like Los Gatos including Morgan Hill, Gilroy, Moraga, and more. The agreement will take effect on March 21, 2016 with the first market operated by CFMA on April 3, 2016. The timing includes the standard Easter Holiday break for the market, which makes for a seamless transition period for CFMA. Previously, the Los Gatos Farmers' Market operated under a special event permit issued annually. The use agreement (Attachment 1) will take the place of the special event permit. The agreement provides clear responsibilities and expectations of both parties to ensure continued success over the life of the agreement and will protect both the operator and the Town. The agreement includes provisions on operation, maintenance requirements, and facility policies. The term of the agreement runs through December 2018, with potential extension for two additional three year terms. `. CONCLUSION: Staff recommends that the Town Council authorize the Town Manager to negotiate a use agreement (Attachment 1) with California Farmers' Markets Association to provide operation of the Los Gatos Downtown Farmers' Market from March 21, 2016 through December 31, 2018 with two three year options to extend the term. ALTERNATIVES: Alternatively, the Town Council could direct staff to: 1. Direct staff to revise the agreement, and then move forward with California Farmers' Markets Association. 2. Direct staff to continue the search for an organization to operate the market. Neither of these alteratives is recommended by staff, as there are a number of new opportunities available to the Farmers' Market that can best be met by negotiating an agreement with California Farmers' Market Association. COORDINATION: This report has been coordinated with the Town Attorney, Police Department, and the Finance Department. 54 PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO NEGOTIATE A USE AGREEMENT WITH CALIFORNIA FARMERS' MARKETS ASSOCIATION TO PROVIDE OPERATION OF THE LOS GATOS DOWNTOWN FARMERS' MARKET FROM MARCH 21, 2016 THROUGH DECEMBER 31, 2018 WITH TWO, THREE YEAR OPTIONS TO EXTEND THE TERM JANUARY 21, 2016 ENVIRONMENTAL ASSESSMENT: This is not a project as defined under CEQA, and no further action is required. FISCAL IMPACT: The Town will receive new annual revenue in the form of use fee payments of $1,375 and continued on going annual Business License Fees of $3,826. Attachments: 1. Use Agreement 2. Letter from South Bay Farmers' Markets 3. RFP Scoring Summary 4. Public Comment received through 11:00 a.m., Thursday, January 28, 2016. �5 USE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND CALIFORNIA FARMERS' MARKETS ASSOCIATION This USE AGREEMENT is entered into this day 2016, by and between the TOWN OF LOS GATOS, State of California ("Town"), and CALIFORNIA FARMERS' MARKETS ASSOCIATION ("CFMA"). RECITALS A. California Farmers' Markets Association (CFMA) was established to host certified farmers' markets for the community, farmers, and producers. B. CFMA is a mutual benefit corporation providing Certified Farmers' Markets for the Bay Area. C. In order to provide a convenient and effective farmers' market in Los Gatos, CFMA desires weekly use of Montebello Way, Broadway, seasonally West Main Street, and occasionally Town Plaza which is owned and maintained by the Town of Los Gatos ("Town"). D. The Town and CFMA each desire an agreement between them setting forth the specific terms and conditions under which CFMA may use specific locations, including days and hours of use, and the fees payable by CFMA for the exclusive use of the designated locations. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Subiect Premises. The premises covered by this agreement are Montebello Way, Broadway, West Main Street, and Town Plaza (collectively, the "Premises"). CFMA may request the use of additional premises, which shall be considered by the Town and authorized for use as more fully described in Section 4. 2. Town Manager. For the purpose of this agreement, the Town Manager shall mean the Town Manager or the Town Manager's designee. 3. Scope of Services. The Scope of Services shall include the requirements provided herein and in Exhibit A to this agreement. 4. Use of Premises. CFMA shall be allowed use of the Premises for the approved time and day of every Sunday from 8:00 am -1:00 pm in addition to reasonable setup and take down time, as approved by the Town Manager. Moreover, the periodic use of West Main Street and Town Plaza is permissible with approval from the Town Manager. The Town requests a calendar year annual schedule and traffic control plan for use of West Main Street and Town Plaza to be presented to the Town by January I' of each year. By mutual agreement, other downtown locations may be incorporated into the market on a regular or periodic basis. CFMA may request changes to the Annual Schedule by written notification to the Town Manager, but shall endeavor to minimize changes to the schedule during the initial program year and each subsequent program year. All changes should be made in writing no less than 30 days 56 prior to the effective date of the change. The Town Manager shall have sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule. 5. Term of Agreement. Unless terminated sooner pursuant to Section 21 of this Agreement, this Agreement shall expire on December 31, 2018. The tern of this Agreement may be extended for up to two additional three year periods upon mutual written consent of the parties. 6. Permits. CFMA must maintain all permits required by the State of California in order to operate and be a Certified Farmers' Market. 7. Annual Use Fee. Beginning January 1, 2016, and every year thereafter, CFMA shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shall be $1,375.00. The Annual Use Fee shall be considered full and fair compensation for use of the Premises for those days and times on the approved Annual Schedule. This fee will increase annually equal to the percentage increase in the Town's Business License fee. 8. Business License. CFMA is required to obtain one business license in lieu of Farmers' Market vendor's paying individual business licenses. This business license fee of $3,826.00 is inclusive of CFMA and their vendors. Therefore, vendors in the Farmers' Market who operate under CFMA will not be required to obtain a business license as long as CFMA has obtained theirs. This fee will increase annually equal to the percentage increase in the Town's Business License fee. 9. Vendors. CFMA must retain all current vendors of the Los Gatos Farmers' Market, with the exception of vendors who do not comply with CFMA's policies and regulations. Removal of vendors for non-compliance shall be reviewed and approved by the Town Manager. 10. Maintenance. CFMA shall be responsible for site preparation and clean-up including: (a) Covering Town's trash and recycling cans with an approved method. (b) Providing trash, recycling, and compost cans throughout the Market. (c) Pick up and disposal of trash from vendors and Market participants. (d) Clean up and proper disposal of any liquids left by vendors. In the event the premises are not fully cleaned up, damage has occurred, or Farmers' Market items are left behind, the Town may charge CFMA accordingly. In the event Staff time is necessary, CFMA will he charged $100.00 per every hour per staff member needed. These charges will be deemed necessary under the direction of the Town Manager. 11. Street Closures. CFMA will be required to properly set up and take down all approved street closures. CFMA must provide their own barricades and equipment for street closures. 12. Facility Use Policies. CFMA shall comply, without limitation, to all applicable provisions of the Los Gatos Town Code, with special attention to the provisions of Chapter 19, Parks and Recreation. CFMA shall also comply with any park rules and regulations established by the Town Manager pursuant to Section 19.10.025(17) of the Town Code, including those rules set forth in Exhibit B, Town of Los Gatos Park Rules and Regulations. Failure to comply with these policies may result in suspension and/or termination of this agreement. 13. Payment. CFMA shall make all payments, whether or not invoiced by the Town, required pursuant to this Agreement no later than January I' of each year that such payments are due. ', 57 Initial payment is due the first Friday prior to CFMA's first market operation, Friday, April 1 g, 2016. All payments shall be mailed by first class mail or delivered in person at Town offices and addressed as follows: Town of Los Gatos Atm: Finance Department P.O. Box 655 Los Gatos, California 95030 14. Assignment. CFMA shall not assign any portion of this Agreement, or allow any use of the Premises by any other person or entity contrary to the terns of this Agreement, without prior written approval of Town. CFMA is expressly prohibited from use of the Premises for any activity other than activities sanctioned and associated with CFMA. 15. Personal Property. Personal property of CFMA shall be CFMA's sole responsibility to acquire, repair, replace and store. Any storage of personal property on the Premises shall require prior approval by the Town. CFMA shall remove all personal property at the expiration or termination of this Agreement, or sooner, as directed by the Town in its sole discretion. Any personal property not so removed with 5 days of notification by the Town shall become the sole property of Town with no compensation. 16. Temporary Signage. CFMA shall be permitted to install temporary event signage on the Premises upon approval of an application to the Town of Los Gatos Planning Department pursuant to the provisions of Section 29.10.120 (4) Event Signs of the Town Code. CFMA shall be eligible for temporary event signage. All temporary event signage must include the CFMA logo of such size and placement that it is clear that the signage is for a program or activity sponsored by CFMA. The Town shall charge a single Temporary Signage fee for each year. 17. Insurance. (a) Minimum Scope of Insurance: (i) CFMA agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring the CFMA, its officers and employees to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. Insurance is to be placed with insurers with a current Best's rating of no less than B+. (ii) CFMA agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy insuring the CFMA, its officers and employees to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. (iii) CFMA shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. CFMA shall provide all certificates and endorsements before term of Agreement begins. (b) General Liability: 58 (i) The Town, its officers, employees and volunteers are to be covered as additional insured as respects to liability arising out of activities occurring on or related to the occupancy and use of the Premises by the CFMA. (ii) The CFMA's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees or volunteers shall be excess of the CFMA's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. (iv) The CFMA's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. (c) All Coverages. Each insurance policy required in this Section 17 shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. The CFMA shall ensure that current certification of such insurance is on file at all times with the Town Clerk during the term of this agreement. (d) Workers' Compensation. In addition to these policies, CFMA shall have and maintain Workers' Compensation insurance as required by California law. Further, CFMA shall ensure that all contractors employed on the Premises by the CFMA provide the required Workers' Compensation insurance for their respective employees. (e) Property Insurance. Town shall have no obligation to maintain any insurance of the Premises or any personal property placed on the Premises. CFMA shall be solely responsible for obtaining whatever insurance coverage that the CFMA believes may be appropriate to protect and indemnify the CFMA for loss to the Premises or to any personal property that the CFMA may place on the Premises. 18. Indemnification. CFMA agrees to indemnify, hold harmless, and defend the Town, its officers, employees, volunteers, and agents, from and against any and all damages, claims or liability, penalties, costs or expenses in law or equity that may at any time arise from any loss, damage, or injury to persons or property occurring in or about the Premises that arises out of or incident to the CFMA's use of the Premises, including use by anyone that the CFMA has permitted or allowed to use the Premises. This obligation to indemnify, hold harmless, and defend applies whether or not the incident or claim or liability is or may be related to negligence on the part of the Town. 19. Damage and Destruction. (a) Damage or destruction of any portion of the Premises by any cause shall not terminate this Agreement or otherwise affect the respective obligations of the two parties, any present or future law to the contrary notwithstanding, except pursuant to the provisions of this Section 19. (b) If because of destruction or damage, a portion of the Premises becomes unsuitable or inadequate for a use as specified in the Annual Schedule, the Town and CFMA shall meet and work cooperatively to identify an alternative location for the use. If the alternative 59 location can be found on Town -owned property, then no modification of the Annual Use Fee shall be made. If no alternative location can be found, or if an alternative location is found that is not on Town -owned property, than CFMA shall be entitled to a prorated refund of the Annual Use Fee, calculated by determining the fee that would have been assessed for the displaced program or activity is if it had been issued a Facility Use Fee Permit. Any such calculation will be based on the Town's approved schedule of Annual Fees and Charges in effect at the time of the program displacement. (c) Under no circumstances does the Town have any obligation to provide CFMA with an alternative property to conduct its operations, and CFMA is solely responsible for obtaining such insurance as the CFMA deems appropriate to protect its interests should damage or destruction to any of the Premises occur. (d) CFMA shall be liable for any loss, damage or injury to the Premises as a result of the direct or indirect use of the Premises by CFMA under this agreement. 20. Compliance with Town Codes. CFMA shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreation. 21. Termination. a) CFMA shall promptly terminate its use of the Premises at the expiration of this Agreement, leaving the Premises in the same condition it was received, in good order and repair, reasonable wear and tear and damage by the elements excepted. Any personal property not removed by the CFMA within thirty (30) days of the termination of this Agreement shall become the property of the Town and may be disposed of as the Town in its sole discretion deems advisable. b) This Agreement shall continue in full force and effect unless prior to February I' of any calendar year, either Party provides written notice to the other Party that it desires to terminate the Agreement for convenience and, upon such notice, the Agreement shall terminate on December 31' of the same calendar year. c) If Town in its sole discretion determines that it requires the Premises for any public purpose, Town may terminate this Agreement upon sixty (60) days written notice. In the event of an emergency, Town may terminate this Agreement upon five (5) days written notice. "Emergency," for the purposes of this section, is defined as when the Town Council declares a State of Emergency. Upon termination of this Agreement in the event of an Emergency, Town and CFMA will work cooperatively to secure alternative facilities for CFMA programs. d) In the event of any material default or breach by CFMA, Town may at any time thereafter, following any notice required by statute, and without limiting Town in the exercise of any right or remedy which may have reason of such default or breach: a. Terminate CFMA's right to possession of the Premises by any lawful means, in which case this Agreement shall terminate and CFMA shall immediately surrender possession of the Premises to Town. In such event, Town shall be entitled to recover from CFMA any damages incurred by Town by reason of LUSL's default including but not limited to: the cost of recovering possession of the Premises and reasonable attorneys' fees. `- 60 b. Pursue any other remedy now or hereafter available to Town under the laws of the State of California. Town shall have all remedies provided in law and equity. e) CFMA waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179, and any other present and future law, in the event CFMA is evicted or Town otherwise lawfully takes possession of the Premises by reason of any default or breach of this Agreement by CFMA. 22. No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant to CFMA any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by CFMA's use of the Premises pursuant to this Agreement. CFMA hereby acknowledges that it currently has no property interest in the Premises or any improvements thereto or fixtures location thereon, and that any claim it may have to same is hereby and forever waived. 23. Notices. Any written correspondence or Notices given under this Agreement shall be addressed as follows: To the CFMA: To the Town: Executive Director Director California Fanners' Market Association Department of Parks and Public Works 3000 Citrus Circle Suite 111 Town of Los Gatos Walnut Creek, CA 94598 41 Miles Avenue Los Gatos, CA 95030 Notices shall be delivered by first class, postage prepaid mail or in person. If mailed, a notice shall be deemed effective on the fifth day following deposit in the U.S. Mail. 24. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this License Agreement. 25. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and CFMA. The CFMA proposal is included by reference. No terms, conditions, understanding or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. �1 IN WITNESS WHEREOF: Town of Los Gatos, by: Laurel Prevetti, Town Manager Approved as to Form: Robert Schultz, Town Attorney California Farmers' Market Association, by: Signature Print Name and Title Attest: Shelly Neis, Town Clerk 62 Exhibit A Los Gatos Farmers' Market Scope of Services -1 • Operate a weekly Farmer's Market located in downtown Los Gatos every Sunday, from 8:OOam to 1:OOpm, year round except for Christmas Day and Easter Sunday. • Enforce a set of market rules and regulations to ensure quality of vendors and market operations. • Provide adequate staffing at all times when the market is in operation, including at minimum a market manager. • Usage will require that CFMA provide temporary portable toilet facilities with hand wash stations sufficient to serve the public needs. The number of toilets and hand wash facilities, as well as the staging location and delivery and removal schedule shall be approved by the Town Manager. • Maintain cleanliness and ensure that all market trash is taken from the site at the end of each market. • Maintain all State and County permits required to operate a Certified Farmers' Market. Comply with fire and police department regulations. • Follow Town procedures for closing streets. • Use community oriented marketing strategies to promote business and develop relationships with downtown businesses. • Maintain a high quality Farmers' Market by choosing appropriate vendors and continue search for specialty growers. • Engage in community partnerships through CFMA's Merchant at the Market program. • Identify opportunities for and support potential market expansion during peak season. • All operational and promotional activities must remain CFMA operated with the exception of portable restrooms, musicians, balloon artists, puppeteers, or other entertainers. 63 Exhibit B PARK RULES AND REGULATIONS (Effective March 1, 2013) All park users shall comply with the provisions of Chapter 19, Parks and Recreation of the Los Gatos Town Code, and the these Park Rules and Regulations established by the Director of Parks and Public Works pursuant to Section 19.10.025(17) of the Los Gatos Town Code General Hours: Parks and trails are open from official sunrise to one-half hour after sunset, unless posted otherwise. Parking at Oak Meadow Park: Residents of Los Gatos FREE (all residents living in 95030 & 95032 zip codes) Non -Residents $6.00 per vehicle (includes people living in 95033 zip code) Parking at all other Parks: Free No Smoking • Smoking is prohibited within any park or on any trail. Food & Alcohol • Beer and wine are allowed with a picnic meal but must not leave the picnic site. • A Vehicle Escort Permit is required when a caterer delivers food to a picnic site. • Barbecues are not allowed at Belgatos Park. Decorations & Signs • Decorations must not interfere with other picnic sites. • Decorations must be cleaned up and removed before leaving the park. • Directional signs may be posted in designated areas, but must be removed before leaving. • No tacks, nails or staples on park signs, tables or trees. • No confetti, Egg toss or pinatas are allowed. Dogs • A six (6) foot leash is required at all times and dogs must be kept under physical control. • Pet owners are required to immediately clean-up after their pets. Pi MI Miscellaneous • Portable BBQs (gas or charcoal) are allowed in picnic areas only. • Portable radios are allowed. • Loud music is not allowed at any hour. • Volleyball and Badminton nets are allowed. • Portable toilets are not allowed. • Petting zoos and pony rides are not allowed. • Water slides and 'Slip -n -Slides" are not allowed. • Organized sports activities are not allowed without a permit. • No golfing within any park. • No overnight camping allowed. • No sale or vending or other commercial activity except by permit. Clean -Up • Facilities rented and used must be left in clean condition. A fee will be assessed to you for leaving the picnic area unclean or damaged. • Applicant should provide means to clean up site, including extra trash bags. • Pick-up and dispose of all trash and food waste materials at reserved park site. _ • Remove cans, bottles, bags, decorations, balloons, food and debris from park site. Use trash cans. • Allow fires in barbecue pits to burn out. Do not use water because it will damage the grill and pit. Reservations • Prior to selecting and reserving any picnic area or bandstand/gazebo, we recommend that the applicant visit the park facility in advance or view Parks & Trails Map to obtain details of each of Town's parks and trails, including maps and driving directions. A Park and Trails Map is available online and at Town offices. • The Parks and Public Works Department staff will finalize your reservation request once you have completed the on-line reservation process and payment by credit card in full is received. Checks will no longer be accepted. A reservation fee will be charged for each site you reserve. If you reserve two or more sites, a fee will be assessed for each site, as applicable. Park reservations do not include parking. Please view the Fee Schedule for current charges. • Requests to reserve a picnic area should not be submitted with less than 48 hours of advance notice prior to the requested reservation date. All reservation requests must be completed through the on-line reservation process. Reservations by phone will not be accepted. • All information collected is only for the use of the Town of Los Gatos Parks and _ Public Works Department for park reservations and will not be sold or shared with 05 10 outside vendors. Also be assured that all data you send as part of this reservation process is through a secure server and the data is encrypted for transmission. We do not keep any of your credit card information on our system. Permits Special Use Permits are required for the following: 1. Use of a group area for 25 people or more. 2. Use of a jump house at any park in Los Gatos. 3. Use of a vehicle escort at any park. 4. Use of Bocce ball Courts at Oak Meadow Park. 5. Use of Gazebo/Bandstand at Oak Meadow Park. 6. For any organized recreational activities, such as formal classes or other similar activities. • The permitee, under Town Municipal Code, Section 19.30.025, shall be bound by all park rules and regulations, and all applicable ordinances. The person to whom such permit is issued shall be liable for any loss, damage or injury sustained by the Town or by any person whomsoever by reason of the negligence of the person to whom such permit shall have been issued. • Special Use Permit is approved by the Parks & Public Works Department upon review of reservation request and payment of applicable deposit. • Use of a disc jockey (DJ) at the Gazebo/Bandstand at Oak Meadow Park is allowed only after receiving a Special Events Permit from the Los Gatos -Monte Sereno Police Department. The Police Department number is (408) 354-8600. • An insurance certificate in the amount of $1 million, naming the Town of Los Gatos, its Council members, Boards, Commissions, employees and agents as additionally insured is required for groups of over 100 people (reservations for events such as weddings, reunions and company picnics). • Permits cannot be transferred, assigned or sublet. Jump Houses • Use of a jump house requires a Special Use Permit. At Oak Meadow Park, a Special Use Permit for jump houses can be requested only if the associated picnic area is reserved concurrently. • Jump houses can be rented only from companies that have provided proof of liability insurance naming the Town of Los Gatos as the additional insured. The following companies have registered with the Clerk's Office and have provided the required certificate: Astro Events & Jump (800) 300-0922 Bali Baly Jump (408) 226-2706 Jump For Fun (800) 281-6792 Bay Area Jump (800) 514-5867 Jump For Joy (800) 418-5867 • Any jump house company not listed above must provide insurance to the Town of Los Gatos Clerk's Office for consideration. A permit will not be issued to an applicant without providing proof of insurance from the vendor. OWN • Jump houses must be hand carried in to the park and placed in the area specified by the Parks Service Officer. • No electricity is provided at the park for jump houses. • Jump houses with combined features such as a jumper and a slide and/or obstacle course. and features containing water are not allowed. • Personally owned jump houses are not allowed. • Jump house fees for residents are $95. Non-resident fees are $125. • A Jump House Permit does not include Picnic Area Use Permit. Each must be obtained separately. Vehicle Escort Individuals renting a park facility can request a staff vehicle escort to assist with the transport of supplies to/from a designated picnic area. Reservations must be made five (5) business days in advance of the event date for this service. • No vehicles are allowed beyond designated public parking lots. If an individual would like to drop off supplies or equipment beyond these areas in a vehicle. a vehicle escort is required. • Vehicle escorts conducted by a Park Service Officer must be scheduled in advance. • Vehicle escorts are not available for Picnic Areas 1. 2. & 7 at Oak Meadow Park. 67 12 South Bay Farmers' Markets 21900 Summit Road Los Gatos, CA 95033 (408) 353-4293 November 4, 2015 To Whom It May Concern: Although South Bay Farmers' Markets, the current operators of the Los Gatos Farmers' Market, are not responding to your request for a proposal to continue operation of the farmers' market, we have an interest in seeing the market succeeding and operating successfully. Therefore, we are submitting this letter in support of California Farmers' Markets Association taking over the operation of the Los Gatos Farmers' Market As you know, South Bay Farmers' Markets has operated the Market for 23 years. Stepping away from 23 years of operation is bittersweet but would be much easier if we felt a solid, well-run organization with integrity was going to operate the market We have known Doug and Gail Hayden, who operate California Farmers' Markets Association, for over 23 years and have worked with them on many industry issues. They are advocates for the farming community and for the communities they serve. In addition, they have extensive experience marketing successful farmers' markets in the Greater Bay Area. We know that they have many programs for children, chefs, and more in place that enhance their markets bringing the community and farmers together. We know for a fad that they have implemented successful merchant partnership programs in all of their markets. We are willing to give them our farmer and vendor list, our site plan, insurance specifics, and anything else they may need from us. Doug and Gail have asked if we would remain reachable and available through May 2015 to assist and resolve any peak season glitches during this transition. We agreed and feel that this could make for a seamless transition. We have enjoyed working with the Town of Los Gatos for our 23 years of operation and want to see the Los Gatos Farmers' Market continue as a viable community market. We believe that California Farmers' Markets Association will expand and enhance the Los Gatos Farmers' Market while being sensitive to the community of farmers, vendors, residents, town officials, and merchants. Thank you for your consideration. Sincerely, Mel Defe and SuEllen Sterling Directors 68 ui / [ u m -**N kD 00 } ■ >qj � )2 § \ 0 { 0 - G 4 f 00 00 oc} o \\\/\ ) § ° § W 5 m Z> £:»E» ©kk"M/ � § § § & m wm �2#/ V d®�//0 - & ƒu(DCL to ƒ \\> \ CO)/ \ ) 2 a R « 2 m -**N kD 00 ■ � § o \\\/\ W m Z> £:»E» ©kk"M/ mmW m wm �2#/ V d®�//0 ƒu(DCL m -**N RECEIVED DEC 21 2015 MAYOR a TOWN COUNCIL Dear Mayor Spector and Members of the Town Council, We are deeply concerned about the future of our Farmers Market, For Many years it has been a healthyinappy addition lot Los Gatos. Recently we heard that it may be replaced by a Campbei! type 'flea market.' We have many shops davmtown that are struggling with high rents, some are closing. Do we want to add further burdens to those trying to make ends meet? At this point in time we have a wonderful town. Wise choices of town councils have made it so. We respectfully ask that you allow Los Gatos Farmers Market to remain where it is and not sacrifice it for a few extra dollars Our ongoing thanks for your patience, time and effort on our behalf Sincerely, Eric A. Hansen MD Alice H. Hansen 17611 Foster Road Los Gatos, CA 95030 161 L at Phone 408 354-1831 land 408 472-7253 cell December 19, 2015 111Ce�t-l-« ATTACHMENT 4 70 January 4. 2016 Mayor Spector and the Los Gatos Town Council RECEIVED 110 E Main St Los Gatos, CA 95030 JAN `5 200 Dear Mayor Spector and the Los Gatos Town Council: MAYOR & TOWN COUNCIL From the Weekly -Times and other sources, I understand that the Farmers' Market may be changing in February. Whatever you do, please retain all the current vendors and keep the market relatively small. For many years, I have been shopping there every Sunday with few exceptions, come rain or shine. and have been very much enjoying the fresh produce. Whenever I have been out-of-town and had to shop at grocery stores, even the good ones in Los Gatos. I find the taste, selection, and especially the longevity of the produce markedly inferior to what I buy at the Farmers' Market. Over the years. I have established pleasant relationships with the vendors, who are also good at advising me at what might suit my needs and how to use new vegetables and fruits. And because of the more intimate size. I often see people from the community so that marketing also turns into a social outlet and community -building. I am especially concerned that the current vendors might not be included in any new iteration of the market That would be a tragedy not only for them but also for us who have established long-term relationships with them. PLEASE KEEP OUR PLEASANT MARKET AND OUR PRESENT VENDORS, whatever changes are wrought! Why should Campbell, or Saratoga, get our sales revenues? But that may happen if the vendors change, since many of them will go there, and many shoppers will follow them. Thank you Very sincerely yours. Virginia Jansen 17401 Valley Oak Drive 95030 408 395 7422 gothCi-Ducsc.edu `1 71