HomeMy WebLinkAbout32ND DISTRICT AGRICULTURAL ASSOCIATION; DBA: OC FAIR & EVENT CENTERFORM 17-31 s� AOREE.h•IENTNO. 11-081-19 N-2019-183
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RENTAL AGREEMENT
THIS AG RECMI ENT by and bel,vccn Idle 32"" District Agric it l ht rat Associa Iton tlba OC Pair & Event Cell lei', hcminnllcr culled the
Acvocialion, and Santa Asia Police Deparlmeal hereinnticr, tolled the Rennr
NVITNESSE. r)1:
I THAT WI ll:Ii EAS, Tlie Renlor desires to secure from the Assoeialioi certain rights and privileges unit to obtain licnnission Gum the
Association to use Association premises: from
January 1, 2019 and ending December 31, 2U19
2. NOW, THEREFOR:, Association hereby grant. 111 [lie Itclaor [lie right 10 oeetll)y [lie spacc(s) tleserllled below fa' lilt purpose Ilcrclnarlelset
forth, Sulliecl lathe lentos and condition of this agreement:
Parking I,ol H
3. The purpose oroceupancy shall be limited to, and staff be for nn other Pwgwsc or purposes whalsoevcr:
Santa Ana Police Department OfricerT'raiuiug
d. Renlor agrees to pay to Association for Ile rights and privileges hereby granted, the auounns and in the manner set I'wib below:
$100.00 per clay
s. Please see Exhibits "A"'n" "C' and "L"' which are iocorpomled inn and umdc a purl of [lie Rental Agreenlenl.
ti. Amocialion shall have Idle right to audit and loollilor ally and all sales as Weil m access to the premises.
7. Renlnr further agrees to indcnulify and save hoialdcss Association and the State of California, their officers, agents, servants rod employccs
from any and all claims, csoats oraclioa and soils accruing or «sidling from any d:unagcs, injury or loss to any Person of persons, including all
persons to lvhom file Renton may be liable under tiny Workers' Compensation Inv and Renlor himself and front any Uiss, damage, caosc or
,action, chlims nrsuits for domulges including bill out Pimilcd to loss of properly, goods, oases or merchandise, causal by, arising oul of or in any
way, conoccicd with the exercise by Itentor of the privileges herein gmnicd.
is. Rcntor further agrees Mal he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Renlor
or his employees hereunder.
9. PP is mmiurlly mldersloml and agreed that Ibis contract or the privileges granted berein, or sly part thereof, cannot be assigned or olbervise
disposed of witholt Ibc written consent of Asmcialion.
10, 11 is nniturlly understood and agreed that no liberation or variation of the terns or this contract shall be valid, unless mode in w ling and signetl
by the parties herclo, and [lint uo oral understanding or agrecalenls not incorporated herein and no liberations or variations of ibe terms hereof,
unlec+madc in writing and signed by the parties herclo, shall be binding upon ally of the parties herclo.
I I. The Rules and Regulations primed an [he reserve side becorme nnade a part ordnis agrec,ucat as though fully incorporated herein, and Rentor
agrees Ilia he bus read Phis agrecolad and the mid Rules said Regulations and understands Ilia they shall apply, unless amended by mutual
consent in writing of the p ulies herclo.
17. In lite event Renter fails to comply in any respect with the Perms of this agrcemem turd the Rules and Regulations referred to herein, nil
payments for Phis rental space shall be deen¢d tamed sold non-rerundalle by Association and Association shall have the right to occupy the
space in any smaller licenml for the lull interest of Association.
13. Special Provisiom: The Event Sales & Services Policies & Procedures Ilasdbooli does hereby become it part or this
Rental Agreement by reference and is oil file with the Association. By signing the Agreement, Iteutor acknowledges that
Ihcy have read the Event Sales & Services Policies & Procedures llandbooli and agrees to abide by said Politics and
Procedures.
In. This agreement is mill binding upon Association until i( has l)ccn duly accepted sold signed by its authoriud representative, and uppmved (if
required) by nu Uepnrinleal of Pond and Agriculture and Depar[ment ofGcncral Services.
IN Wit NI -'SS WImitimr, ibis vecmem has been excculcd in quadruplicate, by and oil behalf of dtc pur[ics herclo, [lie silly and year first
above wflllell.
Santa Asia Police Department
20 Civic Center Plaza
Santa Asa, CA 92701
BY See attached signature page
32"" District Agricndlural Association
RA Pair Drive
Costist esa, C 9 2(/�/ %
Title; David Valentin, Chier of Police Title: Michele A. Richards, V.P. Dusitless Development
RUI.CS ANO REGIILA'l'IONS GOVCRNING Rl3NTAL SI'M P,
I Nti Rodu1 rill Le ollowd ter open omit till flee Is aIilniiunp IequircmelIf$ IireilI 4l Ian ill have I+ecn complied it fill,
2. Roolor will conduct his husiness ill it gniel and orderly nut.[,net'; Ivtll (deposit fill i•uhbish, slop, garbage, lilt cliffs, paper, Cie.
ill receptacles provided by ]lie Associaliun tvilhiu sold cotces•SIOR plat fill' Stich purpose, and will Iteep the aren Ivilll'lo and
surrouuiliug shill ctouccgs toIIs tree from lilt rubbish mill debris.
5, All haildhas, ICIIIS, Of enCIOSofiCs crcead under the lama of Rental Agrcemci l %[flat have Ilia prim lipp4ovid or Association uol d)a local lire suppression
aulhmnies,. AIf eatingconcessions not resuimed to specific dens kill shoal nrelws Old prices it, Assucinlon tit npploval ill least hveive 112) hwrs to Ohal ice
urelkh day's olicialioll
.I. 1(cOlor %rill rumisII Associainn Will a list Orfill Inks prices and tither charges of may 61ud whatsoever to he Charred by Ilse Realm Of slid Space s).
5. Iteldor meal liunish reccilds rnr lictime fees, [;IN deposits, ins urnnce, em., pliolIN, evcm.
fi. Reidor will cotalncl the privileges glauled ill the ltcnud Al;reancnl acenlding to all Ilia cities and requirente,ls tit the Slate lfalisrnn•ml tit 'Itell lll Reel ices null
local lica 11h nuthfit itim laid willmul infriugentem Igroil the rights mill prieReges OfolbclSi mill (1O1 haIttlle of set) wry eonnrorliIiec of If nnsact any Ill
whalsaever I -or which flit vxcluxive privilege is xuld by Assuiitnion, nor engage In ally till act business wlalseevel [,pan Ol NOItill III premises or hairpro stds,
sexcept Ihnl which is herein expressly stipulated :mil emamad for will cmJinc said tral sacdolo la the sPnca mill privilege powided in the Iecolal AgrecmeN, and
led may slid all exclusives gulnled Itelnar $11,111 nut inehua file Comivnl and file Carnival Area.
7. Rentot will ease to be pnactl io a culepicunus fanner nl the Ito,( clan five ItClhe coucessioIt, it sign show•i,g the prices hi he charged fur all strides orb:red for
sale to the public tuldel Ibe Iterual Apevinum; Ilm size of soul sign, mpmter nod place orl adhiS to be nppruvetl by Association.
N. Assre•iaiou )rill furnish uaccsszry flIlitnr service for all nigh%. streets, roods and firma fsed by the pnblie, bill I(enmr rilusl, Of his own aspanse.. ln•pfile
concessina apace and nAlueanl areas properly al tinged flat clean All act ices um%t be clean. all coverings ii onved, and the cnilecxsion iendy I'irrbaainesa
auh dap ill least role Iwo 11 6uc the Pail is craft to the public. Rccepbldw will lie provided nrseccrai Inealious Ri received Rmuom's Irish, land well busll most
Ito( he owl t into the nislcs orsneSls el' any pnhlic space.
9. NI sumorl-pnnhkiug. deviees used by Itenlor within or outside Ilia space umdl he of such it nature find must bo-ao opermed, cis not to Cialselaifmoymnee at
iticomeoiencc to his painting or to odrer Canccssiomtirex or P-0ibilors n,d Ilse dcciaism of Association Ira to Ills desimhilily of nay such sound prmluuiog device
shall be final and concheivc. SnwubnoydihenlioO equipmeal Italy lie iosialled willan oaoullak notysimileoni)• by fivit ohiaiaing wriomr peauis)iolld ercof I`rall,
Ax1ovial ilia
10, Relator agrees Thal Il acre will he Oil gtill ics, gambling or any other uctivilIn I%ithiu the eiafiuc td'Iliu sp@ce to whieli male)• is ,sell as a urine or 1,resoun, laid Ilia(
Tic will aril Iffy aid/or permit "Iffy, back ' 1'nrcnsb, any prizes fir premiums givell nosy to pool ols in connection Irian the use tit* tile space. Only straight
na rchnudising methods dial be used and nil methods al'operation, diislralion n,d sale, sllnll be subject to if approval of the Assncialion and IIIe local lusv,
calilrccolent ofticinis.
11. lemur is all [ilely Ivs1l ureilife for Ilia sinrcc ulloued m ltcIli tit laid ngrecs ill r limhtnse A."oviiuino lbf may di"llage to the real prollMY, aptipmenl, at grounds use
is cnanecliol will the space nlluhed In Rentor, Icasoonhle w'eiir nod lean nod damage Iron cause beyaoi Rcaor s coarol axcc)aeil.
12, Associatinn liar• provide wiRdallam servlve, ivllich trill provide lilt reasnnuhlc protection orlhe properly of Remiss, tit it Assncialion %ball Itol be responsible fur
Inc ill damage Io.Ihe properly of Relam,
11 Hoch still ever' IIlicic of the space slid till boxes, a'atcs, joluking nnlefill l, still }lehrisnf wbatioever )lattice used In nnuleclou NO Ill ties pace and ntvned by
itaanr nest be removed Auto Ilia builtli,gs and grounds by Rcnlor. tit IIii; non expense, no Inter 1111111 sl doe spechi ell by Assncialion. II is undersaund In the evam
oriiamoes faiure to vacaa said premises herein prnsded, unless pennissiou it wriIhla is rill ohmioed. Association cony' ❑nil I%horchy authorized slid male law
ngeol of Itenlor to remove mill same the cm¢essiml find fill other m:11 itd ul'any Mature n•hatsucwl, al Ilia Rebmr's lisA [,till expense, and Itenlor shall rciahurse
Assaciftiolt lilt exprnses 111119.If MOW.
Id. hail Renal' hill be pennilled to ncll O, dispose at' anywhere oil the Fairgrounds alenhelie bevcrugci us dernled in the Aloohidie tseveiuge Control Act, ascepl to Ilia
eva:cssiim spacv. Earn such limited sales to lam Ili he made sinless Itenlor is aolun imf in wriliug by AzsociatiolI, atltI all less hehotels a IsWill I license
nolhorizing sash sides till said premises.
15, All Solely Orders of the Division oflnduslri:I Salcty,Dep;lrmtmo of lndnsulal l(cliuiolo" must be strictly 111ceived.
16. failure of Association to insist in any site or ufne histances Open the ulacrrake nmdtnr]let till I n lice of any at' these Illicit find regulations sball Ilia collocate II
%VIA'er of luty snbsequmu blench PhIlly sorb rules still regalnliois,
11. fl his rcoual ngrecnust shnli be vhbject Io armimiliou by eifherpaay Of any time during [lie knit hcrenf by giving Ille mills pn11y notice in writipg ;it lend 711 dtnys
cam prior I Ihn dale Well such Icnm;naliml shall become efliecIIva, Smcl% jell aniltit) 'Is hall relieve the Associatino orally 1111 lbn perrononaee of the tons of (Ilia
agrmil eel.
11% 11 .'O itrncor, by Sig,ing IIlia Coalwat, (Ines s%rear trader penally that sill Ionic than one final umglpcnlable finding of contempt OI'corl fly al`cdcnd coma hits peen
satx^d mguhm( Item contactor Ivilhin the immediately precading Iwo-ycnr period iweau%e Or Ilia CoolludWs litilure to colnpfy Willi lilt corder of ilia Naimud Label
Rchdoas hoard (Uovcauugnl Code Section 11780.5) (SAM Scc. 12127y"
19. Realm fecottahzes still understands flint Ibis rental flycreate It possessory into all stlhjeel In properly 1113[3Itl I1I Rill] [flat Ilse I(entm may h Stibj2m Ili Ilia pltyllletll all
piapcity macs levied tin sock inleresl.
20_ 1Ile Assucielitio stroll have the Ilivilcau of lnspecliiIf; the prellasa.s covered by Ibis aprcwucnl of tiny lisle of till Units.
21. 7hepmdi". Ilensu ON= Baal Rcillor, and any agams Rod enlptoyces; Of Itenlor, in Ills peaks, make Of this Out ctnlcal, %roll net io nr1 imdepeodVid capacity and uol
cis Officers or employees Orugolns of Axsaehdin,.
22. That: is ill'I he essence orgacfla mill fill Ilse pruvivions of This agree will, land [lie provisions ill' Ibs agremacm sliall exknd to cud Im binding upon and hairc to the
hemclil of Ilse hairs, execulors, HtIullnialaRtlrx, succcilmax, and assimes o(flic respective parties herein.
M11emo for Fair hhtn;IgatncuL Hazardous Agreeineuts. if Ibis agreenocul provides fill* n Ilnrnrdou.s nclly, y, file current Form
FP:-13, Staleuaew Regardblg Insurance, ntlfsl be Minified In catch copy and incorpora(ed b,y reference in Paragraph 12 of page
a ale.
By stale law and lit the interest of publicitcallh, smglaing sholl out he permllled In or a•ilhili 20 feel ortil,y $19(e circatiroi-llia
building, hlchuliug life SOON Ana flavlllon Orval O(" Prolucnmle fires, C eilICanllll Fitrol, 1Cidhtml enrnivlll aresl, Ihn Livestock
amt, Pacific Amphithenh•e seating strea, trail Arena µrandsmild mod bleacher mithtg areas. Tills policy hlcludcs life Ilse of,
elech•ollic eigareftes, voporizers and idli liens.
EX111BIT "A"
G4ent chuce: Sunla Ann Police DeimrlmeN 111hut•'llAbW Cantrnet No: ROM-19
Craned Prrsun: Until lllukr, 'IYaflic SerOcanl Plane: =2454209
Event D:des: 01/01/2019- 12/31/7019 flours: 7:00 AP•l-4:00,I'M
LOCA'I'ICJN(S): fh•ojeclecl Attendance: I j.
Parkingla I I .... .................................. ............. .......................... ..... $IOQ.00 Per Day
RENTER ACHIsES:
TO (pis ag ullmill covers all nAker Whig to hike place in the OC lair dk Will Center during
Me 2019 calendar year.
To comact the Hvent Sales trail Services Department! it( (714) 708-1545 prior to scheduling tiny
Imilliugsessions to enrurc that the location is available.
Thal nut OC fnir Bc Ev m Center written coml' malion aliprnving each Mile n td specific
location is required 1)1-101*1n renter 1n nnuNing or advel•tising an milt. This ilvoids Any
miscnnnoonieatinn hetween renter's attcudces and the OC Fair & Event C:emm.
TO provide prnnfnfiusurancc by Rbnwq 22, 2019.
u 'fo notify ale District (OCFFC) of any necidenI that lakes place during the training. The
Security & T't"Iffic De OMmeul cam be reached by phone al (714) 708-15MI, 24 hours a day,
nr they can be luented all lheSaNIT & Security Office uear Cate S ol'[Arliuglon !hive
between (lie homy of= AM - 12wn mildnight.
• To rcimburse the Districl (nCFCC) For any out of pockerexpenses related to this event.
u That tray and all equipment, materials and vehicles will he rcoloved frpm OCPCC propcity afler
the final clay of training or alter each single day session.
• Thu: alcohol brought oil grounds by exhibilms, attendees or event personnel is sb ictly prohibited.
o That Inud noises are nut allowed lilt the property al any lime eft«e to the proxhully ormumeenl
residential housing q'acks, City Hall and Chy services. 5imb sound violations colt Ire cause I'or
lerm7inidioil. ofyour even( and removal front the promises.
e That dallutge occurring in Parking Lot I I and/orol'OCPEC property will be itemized and
invoiced. Payment will be due prior to any new activity Crking Brace at the OC Nair & Cvenl
Center.
• To limit speeds to 40 Mill 1.
That parking Int usage will be conducted ill a safe miner, wilh consideration mother activilies
mkh)g plume m the Event Center, 'Ib cnsore safety within and around yell" event, the District
(ocvFC) only, at the expense of the renter, conswct a harrier arnund the perimeter of the driving
portion of the event. Rmttcr will be requis%Q for all NWwi. necessary precautions In and
around the event.
California Fair SendcesAuthority Exhibit Q
INSURANCE REQUIREMENTS
Evidence ot'Cove care
The contractor/renter shall provide a signed original evidence of coverage form for the tern of the contract or agreement
(hereinafter "contract") protecting the legal liability of the State of California, District Agricultural. Associations, County
Pairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leascd/subleased, Citrus Frnit Fairs,
California Exposition and :State Fair, or Entities (public or non-profit) operating California designated agricultural fairs,
their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This
may be provided by:
A. Insurance Certificate - Ibe contractor/renter provides the fair with a signed original certi ficate of insurance (the
ACORD form is acceptable), lawfully transacted, which sets forth the following:
L List as the ,Add'ti Tonal (ns. ured; "That the State of California, the District Agricultural Association, County
Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/stiblemed, Citrus
Fruit Fair, California Exposition and State Fair, or Entities (public or non. -profit) operating California
designated agricultural fairs, their directors,. officers, agents, servants, and employees are made additional
insured, but only insofar as the operations under this contract are concerned."
2. Dames: Ilia dates of inception and. expiration of the insurance. For individual events, the specific event
dates must be listed, along with all set-up and tear down dates.
3. Coveraees:
a. Gencnl Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as
the current Insurance. Service Office (ISO) policy form NCGLOOL .Limits shall be not less than $5,000,000
per occurrence for Fairtime Carnival Rides; $5,000,000 per occurrence for Motorized Events all
types; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Bough Stock
events; $2,000,000 pall occurrence for Rodeo Events All Types without a paid gate and with. any
Rough Stack events; Swap Meets/Flea Markets, S1,000,000 per occurrence for RodeoEventsAll Types
without. any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddic
Carnival Rides of up to G rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Cannabis
Festival.vTrade Shows, Mechanical Falls, Extreme Attractions All Types that require a DOSH permit to
operate, and Simulators; $1,000,000 per occurrence for all other contracts for which liability insurance (and
liquor liability, ifapplicable) is.required.
b. Automobile Liability - Commercial Automobile Liability coverage, on aper accident basis, at bast
as broad as the current ISO policy form It CA 0001, Symbol NI (Any Auto) with limits of not less
than
S1,000,000 combined single limits per accident For contracts involving use ofeoiuMdDr vehicles (autos,
trucks orother licensed vehicles) on fairgrounds.
c. Workers' Comoenstnion - Workers' Compensation coverage shall be maintained covering
eontractodrenters employees, as required by law.
d. Ms ical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per
occurrence shall be maintained for contracts. involving medical services,
t% ,Ljquor LigLsility - Liquor Liability coverage with limits of not. less than .$1,000,000 per occurrence shall
be maintained for contracts involving [he sale ofalcnholic beverages.
4. Cancellation Notice; Notice of cancellation of the listed policy or policies shall be sent to the Certificate
Holder in accordance with policy provisions.
S. Certificate Hidcy
• For individual Events Only • Fair, along with fairs address, is listed as the certificate holder.
• For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management,
1776l'ribute Road, Suite 100, &acranhcnto, CA 95815 is listed as the certificate holder.
Revised December 7, 2017
Z:\Risk\Insurance Requirements December 7, 2017
Insurance Compan,i, The etunpany providing insurance coverage must be acceptable to tine California
Department of Insurance.
7. Insures :, The contractorhenter must be specifically listed as the Insured.
OR
B. CFSA SSnecial Events Program - Tire contractor/renter obtains liability protection through the California Fair
Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Cuati cites - A current master certificate of insurance for the contractor/renter has beenapproved by and
is on File with Califomia Fair Services. Authority (CFSA).
Olt
D. Set Nnstarroic -Thecontractor/ren ter is self- in so red and accept able evidenceofself- in iura ace has been approved
by Califomia Fair Services Authority (CFSA).
11. General Provisions
Maintenance of Coverage - The contractor/rentcr agrees that the commercial general liability (and automobile
liability, workers' compensation, medical malpractice and/or liquor liability,. if applicab le) insurance coverage herein
provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage
expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to
provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as
provided for herein for not less than the remainder of the tern of the contract, or for a period of not less than one
(1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and
contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event
the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition
to any other remedies it may have, take nay of the following actions: (1) declare a material breach by contractor/renter
and terminate this contract; (2) withhold all Payments due to contractor/renter until notice is received that such
insurance coverage is in effect; and (3) obtain such insurance coverage and deduct prom iums for same from any sums
due or which become dueto contractor/renter tinder the terms of his contract.
2. Primary Coverage -'Ibe contractor/renter's insurance coverage shall be primary and any separate coverage or
protection available to the fair oranyother additional insured shall be secondary.
3. Contractor's Responsibility, Nothing herein shall he construed as limiting in any way die extentto which
contractor/renter tray beheld responsible for damages resulting from con tractor/renter's operations, acts, Omissions
or negligence. Insurance coverage .obtained in the minimum amounts specified above shall riot relieve
contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other
actions available to it under contract documents or by law, including, but not limited to, actions pursuant to
contractor/renter's inderrmity obligations. The contractor/renter indemnity obligation shall'sur_vive the
expiration terminntimrorassignment orthtscontract.
4. Certified Copies orl'olicies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of
any policy required hereunder, with said copy certificdby the underwriter to be a true. and correct copy of the original
policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an
underwriter, to California Fair Services Authority (CFSA).
Ill. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a property executed release and waiver of liability
agreement (Font requ ired by cone actor/renter's insurance company or CFSA Release and W aiver Fonn) Goa each participant
prior to his/her participation in the events sponsored by contractor/renter, hazardous participantevents include but ire not
limited to any event within the following broad categories: Athletic Teanr Events; Equestrian related Events; Extreme
Attractions; Mechanical But Is; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle,
skates, skatebmrd, orscomer. Contact California Fair Services Awhority at (916) 921-2213 for further information,
Revised December7, 2017
Z:\Risk\Insurance Requirements Decemher7, 2017
Slate of California EXHIBIT "C" Division of Fairs & Expositions
STANDARD CONTRACT TERMS AND CONDITIONS (F•31, RENTAL. AGREEMENT)
1. National Labor Relations Board fPCC Section 10296
Contractor, by signing this contract, does swear under penalty of perjury that no more than one final unappealable
finding of contempt of court by a Federal Court has been Issued against contractor within the Immediately preceding
two-year period because of the contractor's failure to comply with an order of a Federal Court which orders the
contractor to comply with an order of National Labor Relations Board (Public Contract Code Section 10296).
2. Resolution of Contract Disputes (PCC 10240.5 10381)
If, during the performance of this agreement, a dispute arises between contractor and Fair, Management, which
cannot be settled by discussion, the contractor shall submit a written statement regarding the dispute to Fair
Management. A decision by Fair Management shall be made to the Contractor in writing, and shall be final and
conclusive. Contractor shall continue to perform contract requirements without interruption during the dispute period.
3, Non -Discrimination Clause/Statement of Compliance (GC 12990/CCR 8103-8120)
During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass, or
allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious
creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age
(over 40), marital status, and denial of family care leave Contractors and subcontractors shall ensure that the
evaluation and treatment of their employees and applicants for employment are free of such discrimination and
harassment. Contractors and subcontractors shall comply with the provision of the Fair Employment and Housing Act
(Gov. Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (CA Code of Regulations,
Title 2, Section 7285.0, at seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Gov. Code Section 12990 (a-f), set forth in Ch. 5 of Div. 4 of Title 2 of the CA Code of Regulations are
incorporated into this contract by reference and made part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other agreement. The contractor shall include the nondiscrimination and compliance
provisions of this clause in all subcontracts to perform work under this contract.
Contractor, by signing this contract hereby certifies, unless specifically exempted, compliance with Gov. Code
Section 12990 (a-f) and CA Code of Regulations, Title 2, Div. 4, Ch. 5 in matters relating to reporting requirements
and the development, implementation and maintenance of a Nondiscrimination Program. Prospective contractor
agrees not to unlawfully discriminafe, harass, or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS),
mental disability, medical condition (cancer), age (over40), marital status, and denial of family care leave.
4. Amendment (GC 11010 51
Contract modification, when allowable, may be made by formal amendment only.
5. ss1 BmgVI
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the
form of a formal written amendment.
6, Termination
The fair reserves the right to terminate any contract, at any time, upon order of the Board of Directors by giving the
contractor notice In writing at least 30 days prior to the date when such termination shall become effective. Such
termination shall relieve the fair of any further payments, obligations, and/or performances required in the terms of
the contract.
7. Goverainq Law
This contract is governed by and shall be Interpreted in accordance with the laws of the State of California,
SCrG,. F031 (revised 10101) Page 1
0. Conflict of Interest (_PCC 10410, 10411, 10420)
Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor
has any questions on the status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Emolovees (PCC 10410
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee
receives compensation or has a financial interest and which Is sponsored or funded by any state agency, unless
the employment, activity or enterprise is required as a condition of regular state employment,
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services,
Former State Employees (PCC 10411
1) For the two-year period from the date he or she left state employment, no former state officer or employee may
enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements
or any part of the decision -making process relevant to the contract while employed In any capacity by any state
agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or employee
may enter into a contract with any state agency If he or she was employed by that state agency in a policy -
making position In the same general subject area as the proposed contract within the 12-month period prior to his
or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement
void. (PCC 10420).
9, Contractor Name Change
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal
documentation of the name change the State will process the amendment. Payment of invoices presented with a
new name cannot be paid prior to approval of said amendment.
10, Air or Water Pollution Violation (WC 13301)
Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review
promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order
not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge
requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating
to air or water pollution.
$CTC, F031 (revised 10101) Page 2
F—*MW;Tm
NOISE ORDINANCE:
A general awareness of all OC Fair & Event Center sound systems is important to understand the critical task of maintaining sound
levels within a specific window for all areas in order to minimize the overall Impact of sound from the OC Fair on surrounding
neighborhoods.
OC Fair sound systems will have strict sound control measures in place.
ALL dB references are measured as FLAT response, NOT 'A' weighted. This applies to all dB levels referenced herein.
The OC Fair has a noise injunction specifically applied to the Pacific Amphitheatre. However, this applies to all events.
The Injunction states that at a distant house (547 Serra Way) the level must not exceed 55 dB. The house is approximately 2,000
feet from the Grandstand Arena, The Injunction applies to all sound emanating from the OC Fair, DURING Fair time.
For all year round events tailing piece outside of fair time, there is a 5 dB reduction in maximum levels. In other words, the 55 dB
maximum is reduced to a 50 dB maximum.
There is a strict 10:00 p.m. curfew In effect unless an extension of curfew Is approved In writing by the CEO or COO of the 32nd
District Agricultural Association (District) prior to the event.
GENERAL SOUND LEVEL GUIDELINES, APPLIED TO ALL AREAS:
NOTE: outside of fair, all references to 55 cub are lowered to 50 dB.
1) Maximum, broadband (20 Hz to 15 KHz) noise level, measured at FOH, will not exceed peaks of 92 dB under any circumstances.
2) Behind the stage, measured at noise level will not exceed peaks of 70 dB under any circumstances. This includes direct FOH
system energy, stage monitors, backlfne equipment and any reflected energy from the surrounding buildings.
3) Note that the objective Is to keep SPL at or below 55 dB in ALL areas where houses are located.
4) Any combination of 1 or 2 above resulting in noise levels exceeding 55 dB in surrounding neighborhoods must result In a lowering
of level until the level in the neighborhood Is within compliance.
IN SUMMARY:
NOTE: outside of fair, all references to 55 db are lowered to 50 dB.
1) No more than 55 dB in any area where a home is located.
2) No more than 70 dB behind stages.
3) No more than 92 dB at FOH.
4) If any combination of the above results in greater than 55 dB In any area where housing is located, levels will be Immediately
decreased until compliance Is met.
Measurements will be taken during each event to insure that the level is at or below an average of 92 dB at FOH, 70 dB at the rear of
the stage.
Every effort will betaken by the Contractor to insure that the noise ordinance is strictly adhered to.
1) In all cases, apply reasonable care to:
a) Not Interfere with surrounding vendors activities,
b) Maintain a level reasonably consistent with the program material and audience size to be covered.
c) At no time will the audio level exceed 90 dB 50 feet from the audio system.
d) If speakers are in proximity to audience members, sound level 10 feet from speakers will not exceed 85 dB.
e) The Noise Injunction is to be respected and adhered to at all times.
2) Contractor Is specifically responsible for Insuring compliance as Indicated herein.
3) Contractor will respond to requests from District personnel to reduce levels as required.
Signature Page — OC Fair & Event Center (SAPD Officer Training)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
B:
TA ARA BOGOS AN
Assistant City Attorney
CITY OF SANTA ANA
KRISTINE RIDG
City Manager
RECOMMENDED FOR APPROVAL:
L:::;AVID VALENTIN
Chief of Police