2024/04/09 City Council Resolution 2024-025 RESOLUTION NO. 2024-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
AGRICULTURAL COMMUNITY EVENTS FARMERS MARKETS
FOR CERTIFIED FARMERS MARKET MANAGEMENT
WHEREAS, the City of Rohnert Park ("City") desires to obtain independent contractor
services to manage and operate a seasonal certified Farmers' Market; and
WHEREAS,the City of Rohnert Park Municipal Code Title 3, Chapter 3.04 provides that
the City's purchasing functions shall be governed by the City's purchasing policy; and
WHEREAS, the current Farmers' Market management agreement expired on
December 31, 2023; and
WHEREAS, consistent with the Purchasing Policy, proposals were solicited from eleven
(11)potential farmers' market operators; and
WHEREAS,proposals were due on February 2, 2024,and one(1)proposal was submitted
and received by the Community Services Director; and
WHEREAS, Agricultural Community Events Farmers Markets ("ACEFM") was
determined to be the eligible proposer; and
WHEREAS,staff recommends authorizing and approving an agreement with Agricultural
Community Events Farmer's Markets for managing a seasonal certified farmers' market.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the agreement by and between Agricultural
Community Events Farmers Markets, a sole proprietor, and the City of Rohnert Park, a
municipal corporation, for the management of a seasonal certified farmers' market.
BE IT FURTHER RESOLVED that the City Manager, or her designee, is hereby
authorized and directed to take all actions to effectuate this agreement for and on behalf of the
City of Rohnert Park, including execution, if necessary, in substantially similar form to the
agreement attached hereto as Exhibit "A," subject to minor modifications by the City Manager
or City Attorney.
DULY AND REGULARLY ADOPTED this 9th day of A e ' , 2024.
CITY OF 'OHN "RT PARK
i
ATTEST: Susan H. dams, Mayor
Sylvia uev , ity Clerk _A
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4887-6390-2126 vl
APPROVED AS TO FORM:
SEE ATTAC-)-J1b
Michelle M. Kenyon, City Attorney
Attachments: Exhibit A
ELWARD: RODRIGUEZ: )u'� SANBORN:it I GIUDICE: (� ADAMS: L./A : ( ) NOES: ( ) ABSENT: ( ABSTAIN: ( )
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Resolution 2024-025
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APPROVED AS TO FORM:
Michelle M. Kenyon, Ci ttorney
Attachments: Exhibit A
ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS:
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Resolution 2024-025
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CONSULTANT SERVICES AGREEMENT
RE: Farmers Market
This AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as
of the 9th day of April, 2024, by and between the City of Rohnert Park (“City”), a California
municipal corporation, and Agricultural Community Events Farmers Markets (“ACEFM” or
“Consultant”), a sole proprietor, with reference to the following facts, understandings, and
intentions.
Recitals
WHEREAS, City desires to obtain independent contractor services to manage and operate
a seasonal Farmers’ Market, and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3, subject to the terms and conditions of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A. City. The City Manager or his/her designee shall represent City for all
purposes under this Agreement, except where approval for the City is specifically required by the
City Council. The Director of Community Services is hereby designated as the project manager
(“Project Manager”). The Project Manager shall supervise the progress and execution of this
Agreement.
B. Consultant. The Consultant shall assign Kelly Smith, Executive Director of
ACEFM, overall responsibility for the progress and execution of this Agreement for Consultant.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the "Scope of Work” attached hereto as Exhibit A and incorporated herein by reference.
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B. Time of Performance. Consultant's services are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with
the schedule attached hereto as Exhibit A. Any changes to these dates in either this Section 3 or
Exhibit A must be approved in writing by the City.
C. Standard of Quality. City relies upon the professional ability of Consultant
as a material inducement to entering into this Agreement. All work performed by Consultant under
this Agreement shall be performed: (1) with due diligence, using her best efforts to perform and
coordinate all activities in a timely manner; (2) in accordance with all applicable legal
requirements; and (3) with the standard of quality ordinarily expected of competent professionals
in Consultant's field of expertise. Consultant shall correct, at her own expense, all errors made in
the provision of services under this Agreement. In the event that Consultant fails to make such
correction in a timely manner, City may make the correction and charge the cost thereof to
Consultant.
4. Compensation and Method of Payment.
A. Compensation. Consultant shall pay the City fifteen percent (15%) of the
gross receipts (minus a $2.00 fee per vendor per market event) from the Farmers’ Market or
$2,800.00 per season, whichever is greater. Consultant shall submit itemized monthly
statements with vendor breakdown and total gross revenue collected. Consultant shall
produce a final detailed report of vendors by type for each week of the market with its post-
season payment to the City.
B. Timing of Payment. Consultant will submit payment to the City pursuant
to this Agreement no later than thirty (30) days after the close of each contracted Farmers’ Market
season.
C. Taxes. Consultant shall pay all taxes, assessments and premiums under the
federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
5. Term. This Agreement shall commence upon its execution by both parties and shall
continue for five (5) years with the option to renew for one additional term of up to five (5) years
upon mutual agreement by both parties. This Agreement will remain in full force and effect until
completed, amended pursuant to Section 18, or otherwise terminated as provided herein.
6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if any,
shall be subject to the Project Manager's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
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7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all estimates, reports, data, and any other final work products compiled, prepared
or obtained by Consultant under the Agreement shall be vested in City, none of which shall be
used in any manner whatsoever by any person, firm, corporation, or agency without the express
written consent of the City. Consultant shall assume no responsibility for the unintended use by
others of such final work products which are not related to the scope of the services described
under this Agreement. Consultant may retain copies of the above-described information but agrees
not to disclose or discuss any information gathered, discussed or generated in any way through
this Agreement without the written permission of City during the term of this Agreement, unless
required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for services
in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest Requirements.
A. Consultant covenants and represents that neither she, nor any officer or
principal of her firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be affected
in any manner or degree by performance of Consultant's services hereunder. Consultant further
covenants that in the performance of the Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent, or subcontractor without the express written consent
of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any
conflicts of interest, with the interests of the City in the performance of the Agreement.
B. Consultant is not a designated employee within the meaning of the Political
Reform Act because Consultant:
(1) will not have the power to make any governmental decision,
including whether to: approve any rates, rules, regulations, policies, standards, or guidelines of the
City or any of its subdivisions; adopt or enforce any laws; issue, deny, suspend, or revoke any
permit, license, application, certificate, order, or any similar authorization or entitlement;
authorize, modify, or renew any form of City contract; grant approval to any City contract
specifications on behalf of the City; or grant City approval for any plans, designs, reports, or
similar; and
(2) will not participate in the making of any governmental decision in
the equivalent of staff capacity. For the purposes of this provision, "participating in a governmental
decision” includes providing information, an opinion, or a recommendation directly to any person
at the City empowered to make a decision on behalf of the City without significant intervening
substantive review; and
(3) will not perform the same duties for the City that would otherwise
be performed by a staff member required to report under the City's conflict of interest code. (2 Cal.
Code Regs. § 18700.3.)
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10. Liability of Members and Employees of City. No member of the City and no other
officer, elected official, employee or agent of the City shall be personally liable to Consultant or
otherwise in the event of any default or breach of the City, or for any amount which may become
due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred
under the terms of this Agreement. To the maximum extent permitted by law, the City shall have
no liability or responsibility for any accident, loss, or damage to any work performed under this
Agreement whether prior to its completion or acceptance or otherwise.
11. Indemnity.
A. Indemnification. To the fullest extent permitted by law, Consultant shall,
at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and
hold City harmless and any and all of its officers, officials, employees, agents and volunteers
("Indemnified Parties”) from and against any and all liability (including liability for claims,
demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys 'fees and costs, court costs, interest, defense costs and expert
witness fees) of any nature ("Liability”), whether actual, alleged or threatened, which arise out of,
pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any
fault or alleged fault of the Indemnified Parties. The only exception to Consultant's responsibility
to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to
the active negligence or willful misconduct of City or its elective or appointive boards, officers,
agents and employees.
B. Scope of Obligation. Consultant's duty to indemnify, protect, defend and
hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably
satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable by or for Consultant under worker's compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance held or provided
by Consultant and shall continue to bind the parties after termination/completion of this
Agreement. This indemnification shall be regardless of and not in any way limited by the
insurance requirements of this contract. This indemnification is for the full period of time allowed
by law and shall survive the termination of this agreement. Consultant waives any and all rights
to express or implied indemnity against the Indemnified Parties concerning any Liability of
Consultant arising out of or in connection with the Agreement or Consultant's failure to comply
with any of the terms of this Agreement.
C. Consultant's duty to indemnify, protect, defend and hold harmless as set
forth in this Section 11 shall not be excused because of Consultant's inability to evaluate Liability,
or because Consultant evaluates Liability and determines that Consultant is not or may not be
liable. Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If Consultant fails to timely accept such tender, in addition to any other remedies authorized by
law, as much of the money due or that may become due to Consultant under this Agreement as
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shall reasonably be considered necessary by the City may be retained by the City until disposition
has been made of the matter subject to tender, or until Consultant accepts the tender, whichever
occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney's
fees and costs and fees of litigation incurred by the City in responding to matters prior to
Consultant's acceptance of the tender. Independent Contractor. It is expressly agreed that
Consultant, in the performance of the work and services agreed to be performed by Consultant,
shall act as and be an independent contractor and not an agent or employee of City and shall have
responsibility for and control over the details and means of providing its services under this
Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools,
transportation and services necessary for the successful completion of the services under this
Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits
or other benefits which accrue to City's employees, and Consultant hereby expressly waives any
claim it may have to any such rights. Consultant, its officers, employees and agents shall not have
any power to bind or commit the City to any decision.
12. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers’ Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers compensation or to undertake self-insurance in accordance with the provisions
of that Code, and Consultant certifies that it will comply with such provisions before commencing
performance of the Agreement and at all times in the performance of the Agreement.
C. Business Licenses. Unless exempt by law, Consultant and all
subcontractors shall have acquired, at Consultant's expense, a business license from the City in
accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an
authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term
of this Agreement. City may withhold compensation from Consultant until such time as
Consultant complies with this section.
13. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential and
not to be disclosed to any person except as authorized by City or as required by law.
14. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties,
responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to
the same or any part thereof without the City's prior written consent, which shall be in the City's
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sole discretion. Any assignment without such approval shall be void and, at the City's option,
shall immediately cause this Agreement to terminate.
15. Insurance. Consultant shall maintain at all times during the term of this Agreement
insurance coverage sufficient to match Consultant's indemnification liability above, including, but
not limited to, Commercial General Liability, Auto Liability and Workers Compensation
insurance. Consultant shall list City and its officers, officials, employees and volunteers as
additional insured on those policies with respect to liability that may arise from work or operations
performed by or on behalf of Consultant pursuant to this Agreement, including materials, parts, or
equipment furnished in connection with such work or operations. Consultant shall furnish the City
with original Certificates of Insurance including all required amendatory endorsements (or copies
of the applicable policy language effecting coverage required by this clause) and a copy of the
Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City
before work begins. However, failure to obtain the required documents prior to the work beginning
shall not waive Consultant's obligation to provide them. Consultant shall, upon thirty (30) days '
written notice, comply with any changes in the amounts and terms of insurance as may be required
from time-to-time by City's risk manager.
16. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon five (5) days’ written notice to Consultant. Consultant
may terminate this Agreement at any time, with or without cause upon fifteen (15) days’ written
notice.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violates any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this Agreement
immediately upon written notice.
C. Upon termination of this Agreement with or without cause, Consultant shall
turn over to the City Manager immediately any and all copies of schedules, contacts, accountings,
reports and other data used to prepare such accountings and reports, whether or not completed,
prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors,
if any, in connection with this Agreement. Such materials shall become the permanent property
of the City. Consultant, however, shall not be liable for City's use of incomplete materials nor for
the City's use of complete documents if used for other than the project contemplated by this
Agreement.
17. Suspension. City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of Consultant to perform any provision of this
Agreement.
18. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior negotiations,
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representations, or agreements, either written or oral. This document may be amended only by
written instrument, signed by both the City and Consultant. All provisions of this Agreement are
expressly made conditions.
19. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort, and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
20. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys’ fees, to the prevailing party. In awarding attorneys’ fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.
21. Time Is of the Essence. Time is of the essence in this Agreement. Upon receipt of
a written notice from City to proceed with work required by this Agreement, Consultant shall
immediately commence work to perform the services required in accordance with the schedule of
work. In the event that the Agreement does not include a fixed schedule for completion of work,
Consultant shall diligently prosecute all work until completion.
22. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc.
shall be addressed to the other party at the address set forth below. Either party may change its
address by notifying the other party in writing of the change of address. Notice shall be deemed
communicated within seventy-two (72) hours from the time of mailing if mailed as provided in
this section.
If to City: City Clerk
City of Rohnert Park – City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Consultant: Agricultural Community Events Farmers Markets
PO Box 113
Kenwood, CA 95452
23. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to performance
under this Agreement for a minimum period of three (3) years, or for any longer period required
by law, from the date of termination or completion of this Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
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representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,
the records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
C. City may, by written request by any of the above-named officers, require
that custody of the records be given to the City and that the records and documents be maintained
in the City Manager's office.
24. Agreement Is Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
25. Equal Employment Opportunity. Consultant is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal employment
opportunity. Consultant will not discriminate against any employee or applicant for employment
because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin.
Consultant will take affirmative action to ensure that applicants are treated during such employment
without regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national
origin. Such action shall include, but shall not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. Consultant
further agrees to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
26. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
27. City Not Obligated to Third Parties. The City shall not be obligated to or liable for
payment hereunder to Consultant or any other party related to Consultant’s performance under this
Agreement.
28. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies permitted
or available under this Agreement, or at law or in equity, are cumulative and alternative. As a
condition precedent to commencing legal action involving a claim or dispute against City arising
from this Agreement, Consultant shall comply with the claims-presentation requirements under
the Government Tort Claims Act, California Government Code Sections 900, et seq. and the
Rohnert Park Municipal Code.
29. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
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30. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
· Exhibit A: Scope of Work and Schedule of Performance
31. Execution and Electronic Signatures. This Agreement may be executed in several
counterparts, each of which shall constitute the same instrument and shall become binding upon
the parties when at least one copy hereof shall have been signed by both parties. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
The parties hereby expressly agree to the use of electronic signatures, which shall be deemed to
have the same effect as an original signature.
32. News Releases/Interviews. All Consultant and subcontractor news releases, media
interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
33. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
34. Authority. Each individual executing this Agreement on behalf of one of the parties
represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such
party and that this Agreement is binding on such party in accordance with its terms.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
CITY OF ROHNERT PARK AGRICULTURAL COMMUNITY EVENTS
FARMERS MARKETS
By:
Marcela Piedra, City Manager
By:
Title: Kelly Smith, Executive Director
4/1/2024 Date: Date:
Per Resolution 2024-xxx.
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
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By:
City Attorney
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EXHIBIT A
Scope of Work and Schedule of Performance
Agricultural Community Events Farmers’ Markets (“Consultant”) is being retained to
manage and operate a seasonal weekly Farmers’ Market events regularly scheduled between June
and August during the City of Rohnert Park’s (“City’s”) summer concert series referred to
collectively as the “Party on the Plaza” (“POP”). Specifically, Consultant is responsible for the
full management and operations of the Farmers’ Market. Consultant’s Services include, but are
not limited to, the following:
● Consultant will operate the seasonal Farmers’ Market adjacent to the POP music series on
Fridays between the months of June and August. Farmers’ Market seasons will operate
beginning on the first Friday in June and will continue weekly through the last Friday in
August, unless the date lands on a major holiday weekend or the season is extended upon
mutual agreement between the City and the Contractor. The market dates for the 2024
season will begin on June 7, 2024, and will end on August 30, 2024.
● The number of booths to be rented at each Farmers’ Market event shall not exceed
seventy-five (75) vendors determined by space availability. City businesses will be given
priority to rent a booth at all events. At least five to seven (5-7) booths at each event shall
be farm/produce vendor booths with a goal of increasing the number of local farm booths
each year. Farm/produce booths shall be placed in the most visible locations in the
Farmers’ Market area. It will be Consultant’s goal to develop and maintain an eclectic,
well balanced marketplace creating the best opportunities for the market vendors and best
selection for the Farmers’ Market customers.
● All Farmers’ Market vendors will be required to complete a Vendor Agreement which
will be available upon request by the City and will include the following language
related to sustainability regulations:
Packaging & Food Waste. All food vendors are required to comply with laws AB
1276 which prohibits the use of single-use plastics and disposable food utensils,
food containers and condiment packages and AB 1383 which requires all food
facilities to compost food waste. “Single-use plastics” includes all plastic beverage
containers including bottled water, plastic bags, utensils, plates and cups. There are
a variety of plant-based paper products that can be used. Please be sure to choose a
brand that does not contain a high wax/plastic polymer coating. You are required to
use compostable, polyethylene-free packaging and utensils that are in compliance
with all applicable local, county and state ordinances.
Garbage/Trash/Compost/Recycling. All vendors are required to minimize
landfill waste by composting and recycling whenever possible. All vendors must
dispose of their garbage/trash in the appropriate bins when available. Do not overfill
a receptacle if it is at capacity. It is preferred that you take your garbage/trash with
you to your commissary or home garbage to allow space for customers to dispose of
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their items without overfilling receptacles. All prepared-food vendors are required
to bring garbage/compost/recycling bins for customers to use and hauled away by
the vendor to dispose of offsite.
● The City will provide Consultant with electricity, garbage pick-up, maintenance of
grounds, and advertising via community bulletin boards, activity booklets, banner signage
in approved locations in the City and on the City website.
● Consultant will continue to advertise with My Sonoma Media Group on the radio, local
papers as well as local publications, including Edible Wine Country and Go local
magazines. Consultant will maintain information about the Farmers’ Market on their
website along with an individual Facebook page for the market location and an Instagram
account. Additionally, Consultant will seek alternative marketing methods, such as
speaking with schools and attending local functions to engage the local community.
Posters and postcards will be distributed throughout the community and placed in store
windows at least two (2) weeks prior to each season’s opening day. Directional signage
will be placed around the perimeter of the Farmers’ Market and, with approval, along the
streets near the Farmers’ Market.
● Consultant will provide competent staff who are well versed in managing and producing
farmers’ markets as well as complying with certified farmers’ market State and County
regulations. Consultant shall maintain staffing levels at each event to consist of at least a
Manager and Assistant Manager.
● Consultant will offer incentives to low-income customers utilizing CalFresh. Incentives
include “Market Match,” which enables low-income customers to purchase a minimum of
$10.00 of California-grown fruits and vegetables at farmers’ markets. For the 2024
season, Consultant will offer a $15.00 Market Match to CalFresh customers. In each
subsequent year, Consultant will default back to the $10.00 Market Match unless
regulations and funding sources allow for an increase or require a decrease in the Market
Match.
● Consultant will actively seek additional funding partners to support incentives for low-
income seniors and low-income customers to purchase meat, dairy and eggs at the
Farmers’ Markets.
● Consultant will contract with Sonoma County Bicycle Coalition to offer bike valet for
residents and visitors who visit the Friday Farmers’ Market and the POP.
● Consultant will contract with the U.S. Coast Guard to assist with setup and break down of
tables and chairs for patrons’ use while visiting the Farmers’ Market and the POP. The
U.S. Coast Guard will also assist with moving garbage/recycling/compost totes to and
from the plaza and the Farmers’ Market areas.
● Consultant may provide farmers market services to the City at other times throughout the
calendar year under the terms of this agreement if agreed upon by both parties.
OAK 4889-7666-6791 Page 12 of 12