HomeMy WebLinkAbout32ND DISTRICT AGRICULTURAL ASSOCIATION; DBA: OC FAIR & EVENT CENTER (2)N-2019-255
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FORM F-3l
REVIEWED
APPROVED
DEC 2 3 2019.
RE, NTAL AGREEMENT
AOREENIENT NO. R-022.20
DATE October 10, 2019
FAIRTIME
INTERIM XX
THIS AGREEMENT by arid between the 32" District Agricultural Association dba OC Fair & Event Center, hereinafter called the
Association, and Santa Ana Police Department hereinafter, called the Renter
WITNESSETII:
I. THAT WHEREAS, The Rentor desires to secure from (lie Association certain rights and privileges and to obtain permission from the
Association to use Association premises: from
January 1, 2020 and ending December 31, 2020
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the spaces) described below for the purpose hereinafter set
forth, subject to the terms and conditions of this agreement:
Parking Lot H
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Santa Ann Police Department Officer Training .
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the mannersel forth below:
$100.00 per day
S. Please see Exhibits "A" "B" "C" "E" and "F" which are Incorporated Into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any end all sales as well as aczess to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the Slate of California, their officers, agents, servants and employees
flom any and all claims, causes of actionand suits accruing or resulting front any damages, injury or loss to any person or persons, including all
persons to whom the Rentor may be liable under any Workers' Compensation law and Rentor himself and from arty loss, damage, cause of
action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any
way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Remor
or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise
disposed of without the written consent of Association.
10. It is mutually understood and agreed that no attention or variation of the terms of (his contract shall be valid, unless made in writing and signed
by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof,
unless made in writing and signed by the parties hereto, shall be binding upon any ofthe parties hereto.
I I. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor
agrees flat he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual
consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all
payments for (his rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the
space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this
Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that
they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and
Procedures.
14. This agreement is not, binding upon Association until it has been duly accepted and signed by its autiroized representative, and approved (if
required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the panics hereto, the day and year first
above wrinen.
Santa Ana Police Department
20 Civic Center Plaza
Santa Ana Ce —Mel—�
Y
tt , avid Valentin, Chief of Police
32"u District Agricultural Association
88 Pair Drive
Cos Resa, A 26
B
Title: Michele A. Richards, V.P. Business Development
RULES AND REGULATIONS GOVERNING RENTAL SPACE
1. No Rentor will be allowed to open until all the preliminary requirements herein set fnnh have been complied with.
2. Rentor will conduct his business in a quiet and orderly manner; will deposit all rubbish, slop, garbage, tin cans, paper, etc.
in receptacles provided by the Association within said concession plot forsueh purpose, and will keep the area within and
surrounding said concessions free front all rubbish and debris.
3. All buildings, Icn(s, oreacbsums crucial under ilic leer of Rental Agreement shall have the prior approval of Association mid die local fire suppression
authorities. All eating concessions not restricted to specific itenns will submit manes and prices to Association for approval at least twelve (12) hours in advance
of each day's operation,
4. Rnnoneill furnish Association with a list of all sales prices and other charges of any, kind wbalmover to be charged by the Rentor in said space(s).
S. Rentor must furnish receipts for license fees, tar deposits, insurance, etc., prior to event.
6. Rentor will conduct the privileges granted in ilia Rental Agreement according to all die rules mat requirements of the Slate Department offleahh Services and
local health authorities, and wilhoat infringement upon the rights mid privileges urethan; will not handle or sell any Commodities or transact any business
whatsoever for which an exclusive privilege is sold by Association, tar engnge in any other business whatsoever upon or within said premises or fairgrounds,
except that which is herein expressly stipulated and contracted for, will confine said transactions to [lee space and privilege provided in the Rental Agreement, and
that any and all exclusives granted Rentor shall not include the Carnival and the Carnival Area.
7. Rentor will cause to be posted in a conspicuous manner at the front entrance to the concession, a sign $flowing the prices to be charged for all articles offered for
sale to Lite public trader the Rental Agreement; the size of said sign, manner and place of posting to be approved by Association.
3. Association will Airmail necessary janitor service foram aisles, streets, roads and areas used by ilia public, but Render mom, at his own expense, keep due
concession space and adjacent areas properly annnged and close. All concessions must be clean, all coverings removed, and Ilse concession ready for business
each day at least one hour begin the Fair is open (011ie public. Receptacles will be provided al several locations to received Renlnr's holh, and snob had, must
not be swept into the aislesorslreets or any public space.
9. All sound -producing devices used by Rcntonvithin or outside his space must he of such a nature and must be so operated, as not to cause annoyance or
inconvenience to his patrons or to other Concessionaires or Exhibitors and the decision of Association as to the desirability of any such sound producing device
shall be final and conclusive. Sound-amplifhcatian equipment may be installed within or outside any space only by Just obtaining written permission thereof from
Association.
10. Rentor agrees that there will be no games, gambling or any other activities within die confine of his space in whicli money is used as a prize or premium, mid that
he will not buy and/or permit"buy backs" for each, any prizes or premiums given away to patrons in connection with the use ofdhe space. Only straight
merchandising methods shall be used and all methods of operation, demonstration and sale, shall be subject to ilia approval of die Association mid the local low
enforcement officials,
11. Rumor is entirely responsible for Ilia space allotted to Rentor and agrees to reinnbursc Association ferny damage to the real property, equipment, or grounds use
in connection midi Ilia space allotted to Rentor, reasonable wear and tea and damage fiom cause: beyond Rentor's control excepted.
12. Association may provide watchman service, which will provide for reasonable protection of the property of Rumors, but Association shall not be responsible for
loss or damage to the property of Rentor.
13. Each mid every article of the space and all boxes, crates, packing material, Turd debris of whatsoever nature used in connection with the space and owned by - -
Rentor must be removed from the buildings and grounds by Rentor, at his own expense, no later than a date specified by Association. At is understood in ilia even
of Renter's failure to vacate said promises herein provided, unless permission in %wiling is first obtained. Association may and is hereby authorized and made the
agent of Rentor to remove and store die concession and all other material of any nature whatsoever, at Ili Raider's risk and expense, and Rentor shall reimburse
Association for expenses thus inured.
14. No Renter will be permilied to sell or dispose ofanywhem an the Fairgrounds alcoholic beverages m defined in die Alcoholic Beverage Central Act, except in the i
concession space. Even such limited sales are not to be made unless Rentor is authorized in willing by Association, and unless he holds a lawful license
authorizing such sales tot said premises.
15. All safety orders of Elie Division of Industrial Safety, Department of Industrial Relations, most be strictly observed.
16. Failure of Association to insist in any one or mom instances upon the observance and/or performance of any of (hose rules and regulations shall not constitute a l
waiver of any subsequent breach of any such rules and regulations.
H. This rental agreement shall he subject to Locomotion by either party at any time during the term hereof by giving the other pony notice in writing at least 30 days � I
next prior to the date when such termination shall become effective. Such termination shall relieve the Association of any further perfammnce of the terms of this
agreement
18. "Contractor, by signing this contract, does swear under penalty that no more than one foal unappealable flailing of contempt of court by a Federal court Ira been
issued against that contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of dic National Labor
Relations Board (Government Code Section 14180.5) (SA,bI Sec. 12127),"
[9, Ream recallubes and understands that this rental my create a possessory interest subject to property taxation and teat the Renter may b subject to the payment or
property taxes levied on sued, interest.
20. The Association shall have the privilege of inspecting the premises covered by this agreement at any time or all tines.
21. The parties herein agree that Rentor, mid any agents and employees of Rentor, in the perfammnce of this agreement, shall l act in an independent capacity and not
as officers or employees or agents of Association.
22 Time is ofthe essence of each and all the provisions of Una agreement, and the provisions ofthis agreement site[[ extend to and be binding upon and inure to the
benefit of die heirs, executors, administrators, successors, and assigns of the respective parties herein.
Memo for Fair Management• Hazardous Agreements. If this agreement provides for a hazardous activity, the current Fm•m
FE-13, Statement Regarding Insurance, must be attached to each copy and incorporated by reference lit Paragraph 12 of page
one.
By state lary and In the interest of public health, smoking shall not be permitted in or within 20 feet of any State of California
building, including the Santa Ann Pavilion area, OC Promenade area, Centennial Farm, IGdland carnival area, the Livestock
area, Pacific Amphitheatre seating area, and Arena grandstand and bleacher seating areas. This policy Includes the use of
electronic cigarettes, vaporizers and oiV%ras pens,
Signature Page — OC Fair & Event Center (SAPD Officer Training)
ATTEST:
o.
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Att ey
By:
TAMARA BOGOSIAN
Assistant City Attorney
CITY OF SANTA ANA
�}or-
KRISTINE RIDGE
City Manager
EXIMIT "A"
Event Name: Santa Ana Police Department Officer Training Contract No: R-022-20
Contact Person: Kanan Blake, Traffic Sergeant Phone: (714) 245-8209
Event Dates: 01/01/2020 - 12/31/2020 Ifours: 7:00 AM[ - 4:00 PM
Projected Attendance: 15
LOCATION(S):
ParkingLot ..................................................................................... $100.00 Per Day
RENTER AG REFS:
• That this agreement covers all officer training to take place at the OC Fair & Event Center during
the 2020 calendar year.
• To contact the Event Sales and Services Department at (714) 708-1572 prior to scheduling any
training sessions to ensure that the location is available.
• That an OC Fair & Event Center written confirmation approving each date and specific
location is required prior to renter promoting or advertising an event. Thisavoids any
miscommunication between renter's attendees and the OC Fair & Event Center.
• To provide proof of Insurance by January 18, 2020.
• To notify the District (OCFEC) of any accident that takes place during the training. The
Security & Traffic Department can be reached by phone at (714) 708-1588, 24 hours a day,
or they can be located at the Security & Traffic Office near Gate 5 off Arlington Drive -
between the homy of 6:00 AM -12:00 Midnight.
• To reimburse the District (OCFEC) for any out of pocket expenses related to this event. !
• That any and all equipment, materials and vehicles will be removed from OCFEC property after
the final day of training or after each single day session.
• That alcohol brought on grounds by exhibitors, attendees or event personnel is strictly prohibited.
• That loud noises are not allowed on the property at any time due to the proximity of adjacent
residential housing tracks, City Hall and City services. Such sound violations can because for
termination of your event and removal from the premises.
• That damage occurring in Parking Lot H. and/or of OCFEC property will be itemized and
invoiced. Payment will be due prior to any new activity taking place at the OC Fair & Event
Center.
• To limit speeds to 40 MPH.
• That parking lot usage will be conducted in a safe manner, with consideration of other ac6ivities
taking place at the Event Center. To ensure safety within and around your event, the District
(OCFEC) may, at the expense of the renter, construct a barrier around the perimeter of the driving
portion of the event. Renter will be responsible for all further necessary precautions in and
around the event.
California Fair Sc rvices Authority
EXHIBIT B
INSURANCE REQUIRGFIENTS
T. EvidencenfCovemge
The contractor/renter shall provide a signed original evidence of coverage form for the temp of Ore conhnct or agreement
(lierchhafter "contract") protecting the legal liabilityofthe Snide ofCahfornia, the California Fair Services Authority, District
Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is
leased/mbieased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California
designated agricultural fairs; dreirdirectors, officers, agents, servants, and employees, from occunences related to operations. under
the contract. 'this may be provided by:
A. Insurance Certificate - The contractm/rcnter provides Ore fair with a signed original certificate of insurance (die
ACORD form isacccpurble), lawfully transacted, which sets forth the fullowhrg:
I. List as the Additional insured: "Chat die State of California, the California Fair Services Authority, the
District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if
fair site is leased/subleased, 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, butonly insofar as die operations under this contract are concerned."
2. Dates: The 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. Coverages:
General Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as die
current Insurance Service Office (ISO) policy form #CG OO.01. Limits shall be not less than $5,000,000 per
occurrence for Fairtime Carnival Rides and for Freefall Attractions (elevated jumps involving
airbags);$5,000,000 per occurrence for the following types of Motorized Events: automobile
races, drifting exhibitions, track rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies; mud
bugs, mud racing, car crunches, monster truck shows, automobile twill shows, figure 8 racing, stock car racing,
tuff trucks, bout races, autocross, dirt racing, oval track, sprint cars/4I0 sprints, modified, super stock, mini -
stock, dwarf cars, micro lights, endure, pro stock; $3,000,000 per occurrence for the following types of
Motorized Events: motorcycle racing, flat track motorcycle racing, arena -cross, freestyle motocross,
motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races,
golf cart races, Redneck Roundup (ATVs), lawninower races; $3,000,000 per occurrence for Rodeo Events
all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events
All Types without a paid gate and with any Rough Stock events and for Swap Meets/Flca Markets held
two or more limes per calendar year; $2,000,000 per occurrence for the following Motorized events: car
jumping coutests/denhonstrations of hydraulic modifications to automobiles; $2,000,000 per occurrence for
Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees,
Rave 'type Events All Types, Cannabis Festiva6Trade Shows, Mechanical Bulls, Extreme Attractions All
Types that require a DOSllpermit to operate, and Simulators; $1,000,000 per occurrence for Rodeo Events
All Types without any Rough Stock Events; $1,000,000 per occurrence for all other contracts for which
liability insurance (and liquor liability, if applicable) is required.
The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or
coverage limitations, including sub -limits, that apply to die contractor/renter's activities; or business to be
conducted under (he contract or rental agreement/lease, must be listed in the Certificate of Insurance. If (here
is a self -insured retention or deductible in the contraclor/remer's coverage equal to or in excess of $100,000,
the self -insured retention/deductible anhounl shall be included as part of the -Certificate of Insurance. Away
of the contractor/renter's policy declaration page containing this information as an attachment/exhibit to die
Certificategf Insurance will be acceptable, provided it contains all the aforementioned inforigation.
It. Automobile Liability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad
as die current ISO policy form # CA 00-01, Symbol 41 (Any Auto) with limits of not less than
$1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks
or other licensed vehicles) on fairgrounds.
C. Workers' Compensation - Workers' Compensation coverage shall be maintained covering
contractor/renters emp loyces, as required by Inv.
d. Medical Malomctice- Medical Malpractice coverage with limits of not less than$1,000,000peroccunence
Revised August 29, 2019
S:\Safety\CFSA Insurance Requirements\Insurance Requirements 8-30-19.dmcx
shall be maintained for contracts involving medical services.
e. Liquor Liability - Liquor Liability coverage with limits of not less than 51,000,000 per occurrence shall be
maintained forcontracts hnvolvhig die sale ofakohote beverages.
4. Cancellation Notice: Notice of cancellation of die listed policy or policies shall be sent to the Certificate
I.[older in accordance with policy provisions.
5. Certificate I folder:
• For Individual Events Only - Fair, along with Ghir's address, is listed as die certificate holder,
• For Master insurance Certificates Only- Calitbmia Fair Services Authority, Attn: Risk Management,
1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Comoanv: The company providing insurance coverage must be acceptable to the Calitbrnia
Departnicmt of Insurance.
7. Insured: The contractor/renter must be specifically listed as die Insured.
OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair
Services Authority(CFSA) Special Events Program, when applicable.
OR
C. Master Cerli licates-A current muster certificate of insurance for the c ntmmor/renter has been approved by and is on
file with California Fair Services Authority(CFSA).
OR
D. Self-insurance - The contrictodremer is self -ensured mid acceptable evidence of self-insurance has been approved by
Calitbrnia Fair Services Authority('CFSA). -
11. General Provisions
1. Maintenance of Coverage - The contractor/renter agrees that die commercial general liability (and automobile liability,
workers' compensation, medical malpractice and/or liquor liability, if applicab le) insurance coverage liere hi provided for
shall be in effect at all times during the tern orthis contract. In the event said insurance coverage expires or is cancelled
at any time or times prior to or during die 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
die remainder of the term of the contract, or for a period ornot less than one (1) year. New certificates o f insurance we
subject to the approval of California Fair Services Authority, and contractor/renteragrees damn workorservices shall
be perromied prior to the givingo (such approval. In die event the contractodrenter fails to keep ineffect at alltimes insurance
coverage as herein provided, the fair may, in addition to any other remedies it may have, take anyorthc fn Ilowingactions:0 )
declares material breach bycontmetodrenter and terminate this contract; (2) withhold all payments clue to contractor/renter
until notice is received that such insurancecovemge is in effect and(3) obtain such imsurancccowrage ancideduct premiums
fersame fronhaiysunis due or which become due to contractor/renter under the lerns orthis contract.
2. Primary Coverage -The contractor/renter's insurance coverage shall be primary and any separate coverage or
protection available to die favor any other additional insured shall be secondary.
3. Contractor's Responsibility.' Nothing herein shall be construed as limiting in any way die extent to which
contractor/renter maybe held responsible for damages resulting from contractor/renter's operations, acts, omissions or
negligence. Inmmuhec�coverage obtained in the minimum amounts specified above shall mot relieve
contractor/renter or liability in excess of such mininhum coverage, norshall it preclude the fair from taking other actions
available to it under contract documents or bylaw, including, but not limited to, actions pursuant to contractor/reatees
indemnity obligntons. The contractor/renter, indemnity obligation shall survive the expiration, termination or
assignment of this contract.
4. Certified Copies off'olicies - Upon request by fair, contractodrenter shall immediately famish a complete copy of any
policy required hereunder, with said copy certified by the underwriter to be a true and correct copy o fthe original policy.
Fairtime Carnival Ride contractors must submitcopies oractual liability insurance policies, certified byan underwriter, to
California Fair Services Authority(CFSA).
Revised August 29, 2019
S:\Safety\CFSA Insurance Requirements\Insurance Requirements 8-30-19.docx
Ill. Participant Wnivers
For h:¢ardous participant events, the contractorhenter agrees to obtain a limperly executed release and waiver of liability agreement
(Ponmrequired by contractor/renter's insurmtcecompany or CFSA Release and Waiver Form) from eachparticipant prior to his/her
participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event
within the following broad categories:: Athletic Team Events; Equestrian -related Events; Extreme Attractions; Freefall
Attractions; hlechanicat Butts; Simulators; Motorized Events;Rodeo Events; and Wheeled Events,urcludurgbicycle,skates,
skateboard, orscooter. Contact Cali fornia Fair Services Authority at (916) 921-2213 for further information.
Revised August 29, 2019
S:\Safety\CFSA Insurance Requirements\Insurance Requirements B-30-19.docx
State of California EXHIBIT "C" Division of Fairs & Expositions
STANDARD CONTRACT TERMS AND CONDITIONS (F-31, RENTAL AGREEMENT)
1. National Labor Relations Board (PCC 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 10240.5,103811
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.
91
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, at seq.) and the applicable regulations promulgated thereunder (CA Code of Regulations,
Title 2, Section 7285.0, et 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 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.
4. Amendment (GC 11010.61
Contract modification, when allowable, may be made by formal amendment only.
5. Assignment
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. s
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. Governing Law
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
SCTC, F031 (revised 10101) Page 1
8. Conflict of Interest (PCC 10410, 10411, 104201
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 Employees (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.
SCTC, F031 (revised 10/01) Page 2
EXHIBIT E
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 taking place 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 o.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 db 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, backline 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 for 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 be taken 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. y
d) If speakers are in close 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.