HomeMy WebLinkAbout32nd District Agric. Assoc. 10
AGREEMENT TERMINATION
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Please complete this form when the attached agreement is no 10ngelllB _~" Aft 9: '31
Return form to the Deputy Clerk of the Council (M-30). Call647QJf3iJ lJTYdc~i1mif<A~estions.
ClERI<; C: COUNCIL
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TheagreementwithJ.3J~ (]')~1 Jif.(l1J!J;;J)LJJ a~.
No. II/~ ~007-{) 10 was completed on 1&-3\ -01 .'
and final payment has been made.
02/25/07 :;'3"~2 ~G"!D
Signature:
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Department:
Date:
Revised 08-28-06
City of Santa Ana
Clerk of the Council
FORM F-31
AGREEMENT '\O.R-056-07
DATE December 22, 2006
FAlRTIME
INTERIM xx
IV
REVIEWED '\..,A'-
APPR~
RENTAL AGREEMENT
N-2007 -010
THIS AGREEMENT by and between the 32nd District Agricultural Association dba The Orange County Fair, hereinafter called the
Association, and City of Santa Ana hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the
Association to use Association premises: from January 1st, 2007 and ending on December 31 st, 2007
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) 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:
Officer Training
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set fort4 below:
Please see Exhibits IIA" ~'B" "e" and "E" which are incorporated and made part of the Rental Agreement.
5. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
6. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees
from any and all claims, causes of action and suits accruing or resulting from 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 any 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.
7. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor
or his employees hereunder.
8. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or othenvise
disposed of without the written consent of Association.
9. It is mutually understood and agreed that no alteration or variation of the terms of this 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 of the parties hereto.
10. 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 that 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.
II. 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 this 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.
12. Special Provisions: The Event Sales & Services Policies & Procednres Handhook 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
Procednres.
13. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized 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 parties hereto, the day and year first
above written.
City of Santa Ana
20 Civic Center Plaza, M-23
Santa A ,CA 92702
avid M. R.am,> . Manager f-
''L
' I i
\Ir~ "t=_ ~
Paul M. \Valters, Chief ofPoUce
~~,_. ~
Patricia E. H~aly, Cferkoft~~ Council
l-tudtl to/una -1 i1.JJ1:s1a 11 +- L/h-, ~
320d District Agricnltnral Association
88 Fair Drive
Costa Mesa, CA 92626
By
Title
By
Title
By
Title
By
Title
By
RULES AND REGULATIONS GOVERNING RENTAL SPACE
9.
No Rentar will be allowed to open until all the preliminaty requirements herein set forth~ve been complied with.
Rentor will conduct his business in a quiet and orderly manner; will deposit all rubbish, slop, ~arbage, tin cans, ~a~er, etc.
in receptacles provided by the Association within said concession plot for such purpose, and mil keep the area Wlthm and
surrounding said concessions free from all rubbish and debris.
All buildings, tents, or enclosures erected under the term of Rental Agreeme~t shall have th~ prior appro~al.of Association and the loc,al fire suppressi?o
authorities. All eating concessions not restricted to specific items will submlt menus and pnces to ASSOclatlon for approval at least tv.elve (12) hours m advance
of each day's operation.
Rentar will furnish Association with a list of all sales prices and other charges of any kind whatsoever to be charged by the Rentor in said s.pace(s).
Rentor must furnish receipts for license fees, tax. deposits, insurance, etc., prior to event.
Rentor wit! conduct the privileges granted in the Rental Agreement according to all the rules and requirements of the State Dep~ent of Health Sen:ices and
local health authorities, and without infringement upon the rights and privileges of others; will not handle or sell any comm~dl!leS ?r trans~ct any b~smess
whatsoever for which an exclusive privilege is sold by Association, nor engage in any other business whatsoever upon or wtthin said preffilses or fairgrounds,
except that which is herein expressly stipulated and contracted for; will confine said trnnsactions to the space and privilege provided in the Rental Agreement, and
that any and all ex:clusives granted Renter shall not include the Carnival and the Carnival Area.
Rentor will cause to be posted in a conspicuous manner at the front entrance to the concession, a sign showing the prices to be charged for aU artiCles offered for
sale to the public under the Rental Agreement; the size of said sign, manner and place of posting to be approved by Association.
Association will furnish necessary janitor service for all aisles, streets, roads and areas used by the public, but Rentor must, at his own ex.pense, keep the
concession space and adjacent areas properly arranged and clean. All concessions must be clean, all coverings removed, and the concession ready for business
each day at least one hour before the Fair is open to the public. Receptacles will be provided at several locations to received Rentor's trash, and such trdsh must
not be swept into the aisles or streets or any public space.
All sound-producing devices used by Rentor within or outside his space must be 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-amplification equipment may be installed within or outside any space only by first obtaining written pennission thereof from
Association. .
1
2.
3.
4.
5.
6.
7.
8.
10. Renter agrees that there will be no games, gambling or any other activities within the confine of his space in which money is Us.ed as a prize or premium, and that
he will not buy and/or permit "buy backs'~ for cash, any prizes or premiums given away to patrons in connection with the use of the space. Only straight
merchandising methods shall be used and all methods of operation, demonstration and sale, shall be subject to the approval of the Association and the local law
enforcement officials.
1 t. Rentor is entirely reslXlnsible for the space allotted to Rentor and agrees to reimburse Association for any damage to the real property, equipment, or grounds use
in connection with the space allotted to Renter, reasonable wear and tear and damage from cause d beyond Rentor's control excepted.
12. Association may provide watchman service, which will provide for reasonable protection of the property of Rentors, but Association shaU not be responsible for
loss or damage to the property of Rentor.
13. Each and every article of the space and all boxes, crates, packing material, and debris of whatsoever nature use din cOfUlection with the space and owned by
Rentor must be removed from the buildings and grounds by Renter, at his own expense, no later than a date specified by Association. It is understood in the event
of Rentor's failure to vacate said premises s herein provided, unless permission in writing is first obtained. Association may and is hereby authorized and made
the agent of Rentor to remove and store the concession and all other material of any nature whatsoever, at the Rentor's risk and expense, and Rentor shall
reimburse Association for expenses thus incurred.
14. No Renter will be permitted to sell or dispose of anywhere on the Fairgrounds alcoholic beverages as deftned in the Alcoholic Beverage Control Act, except in the
concession space. Even such limited sales are not to be made unless Rentor is authorized in writing by Association, and unless he holds a lawful license
authorizing such sales on said premises.
15. All safety orders of the Division of Industrial Safety, Department of Industrial Relations, must be strictly observed.
16. Failure of Association to insist in anyone or more instances upon the observance andlor performance of any of these rules and regulations shall not constitute a
waiver of any subsequent breach of any such rules and regulations.
17. This rental agreement shall be subject to termination by either party at any time during the term hereof by giving the other party notice in writing at least 30 days
next prior to the date when such tennination shall become effective. Such termination shall relieve the Association of any further perfonnance of the terms of this
agreement.
18. "Contractor, by signing this contract, does swear under penalty that no more than one final unappealable finding of contempt of court by a Federal court has been
issued against that contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of the National Labor
Relations Board (Government Code Section 14780.5) (SAM Sec. 12127)."
19. Rentor recognizes and understands that this rental my create a possessory interest subject to property taxation and that the Rentor may b subject to the payment or
property taxes levied on such interest.
20. The Association shall have the privilege of inspecting the premises covered by this agreement at any time or all times.
21. The parties herete agree that Renter, and any agents and employees of Rentor, in the performance of this agreement, shall act in an independent capacity and not
as officers or employees or agents of Association.
22. Time is of the essence of each and'all the provisions of this agreement, and the provisions of this agreement shall extend to and be binding upon and inure to the
benefit of the h:irs! e~,ecu~j~ ,~ni~trat~~,~~_~~,~~ ~ssigns of the respective parties hereto. ' . ..----;""C . _-. ,,_
Memo for Fair Management: Hazardous Agreements. If this agreement provides for a hazardoUs Mtivity, l~e current Form
FE-13, Statement Regarding Insurance, must be attached to each copy and incorporated by refer""c" in Paragraph 12 of page
one. -,--~---
Nondiscrimination Clause, Form 17 A or Form 17b for agreements over $5,000 must b_e.ttDrh,P.(\ .o.-each copy and
incorporated by reference in Paragraph 12 or page one. ' "~
AGREEMENT: R-056-07
DATED: December 21, 2006
WITH: CITY OF SAi'iTA ANA
PHONE: (714) 245-8052
EXHIBIT "A"
DATE(S) OF EVENT: January 1ST, 2007 aud ending on December 31ST, 2007
EVENT NAME:
Officer Training
LOCATION(S):
PARKING LOT "H" @ SI,500.00/day """.."".""""."."...""."",,,,,.,,,,,,,.,,,,..,,,,,,.,,.,,.,,,. Sin-kind trade
BoeRS: 8am - 5pm
ESTIMATEDATTEI'iDANCE: 15
RENTER AGREES:
. That this agreement covers all officer training to take place at the Orange County Fair & Exposition
Center during the year 2007.
. To contact the Event Sales and Services Department at (714) 708-1572 prior to scheduling any training
sessions to insure that the location is available.
. An Orange County Fair & Exposition Center written Confirmation approving each date and specific
location is required prior to a renter promoting or advertising an event. This avoids any
miscommunication between your patrons and the Orange County Fair & Exposition Center,
. To pay the District in the manner of trade out services. Trade out services could include, but not limited
to: Educational display for the annual Youth Expo taking place in April and/or the annual Orange
County Fair in July.
. To provide proof of insurance for the year 2007.
. To notifY the District of any accident that takes place during the training. The Public Safety Department
can be reached by phone at (714) 708-1588, 24 hours a day, or they can be located at Gate 5 off
Arlington Drive between the hours of 6 am - 12 midnight.
. To reimburse the District for any out of pocket expenses related to this event.
. That any and all equipment, materials, and vehicles will be removed from the parking lot after the final
day of training or after each single session day.
. Alcohol brought on grounds by exhibitors, attendees, or show personnel is strictly prohibited.
. Loud noises or skidding are not allowed in the parking lots at any time due to the vicinity of the adjacent
residential housing tracks, City Hall, and city services. Such noises can be cause for termination of your
event and removal from the premises.
. Damage or skid marks left on the parking lot asphalt will be itemized and invoiced. Payment will be due
prior to any new activity taking place at the Exposition Center.
. To limit speeds to 40 mph.
. Parking lot usage will be conducted in a safe manner, with consideration of other activities taking place at
the Exposition Center. To ensure safety within and around your event, the District 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 further necessary precautions in and around the event.
. To notify the Event Sales and Services Department at the time of reserving space if shot gun(s) will
nsed that fire shells filled with bean bags and rubber pellets.
California Fair Services Authority
INSURANCE REQillREMENTS
I. Evidence of Coveraee
The contractor/renter shall provide a signed original evidence of coverage form for the term of the agreement protecting
the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County
Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, or California Exposition and State
Fair, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract.
This may be provided by:
A. Insurance Certificate _ The contractor/renter provides the fair with a signed original certificate of insurance (the
ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: liThat the State of California, the District Agricultural Association,
County Fair, the County in which the County Fair is located, Lessor/Sublessor if rair site is
leased/subleased, Citrus Fruit Fair, or California Exposition and State Fair, their directors, officers,
agents, servants, and employees are made additional insured, but only insofar as the 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. Coveral2:es:
a. General Liabilitv _ Commercial General Liability coverage, on an occurrence basis, at least as broad as
the current Insurance Service Office (ISO) policy form #CG 0001. Lirnits shall be not less than $5,000,000
per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types
except arena or track motorcycle racing and go-cart racing; $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; $1,000,000 per occurrence for Rodeo
Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides,
Fairtime Kiddie Carnival Rides of up to 6 ria~s, Concerts with over 5,000 attendees, Rave Type Events All
Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motorized Events of
arena or track motorcycle racing and go-cart racing; $1,000,000 per occurrence for all other contracts for
which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liabilitv _ Commercial Automobile Liability coverage, on a per accident basis, at least as
broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than
$1,000,000 comhmed single limits per accident for contracts involving use of contractor vehicles (autos,
trucks or other licensed vehicles) on fairgrounds.
In addition to the foregoing, Contractor shall provide a certified copy of an additional insured endorsemen~
to the District, Forms ISO CG 2005, 2010, 2012, 2024, showing the State of California, the 32nd District
Agricultural Association, the Orange County Fair and Exposition Center, and their agents, directors,
officers, servants, and employees are made additional insureds on Contractor's genera1liability insurance
policy and automobile liability policy.
c. Workers' Comoensation _ Workers' Compensation coverage shall be maintained covering
contractor/renter's employees, as required by la~.
d. Medical Maluractice _ Medical Malpractice coverage with limits of not less than $1,000,000 per
occurrence shall be maintained for contracts involving medical services.
e. Liauor Liabilitv _ Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shan
be maintained for contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: A statement by the insurance company that it will not cancel or reduce the limits or
coverages of said policy or policies without giving 30 days prior v,rritten notice to the named certificate
holder.
5. Certificate Holder:
For Individual Events Only _ Fair, along with fair's address, is listed as the certificate holder.
. For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management,
1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
Re...isedJune 1, 2006
I:\Insurance Requirements .doc
6. Insurance COIDoany: The company providing insurance coverage must be acceptable to the California
Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Suecial Events ProlITam - The contractor/renter obtains liability protection through the California Fair
Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and
is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of self-insurance has been
approved by California Fair Services Authority (CFSA).
II. General Provisions
1. Maintenance of Coveraee - The contractor/renter agrees that the commercial general liability (and automobile
liability, workers' compensation, medical malpractice and/or liquor liability, if applicable) 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 term 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 t6 keep in effect at all times insurance coverage as herein
provided, the fair may, in addition to any other remedies it may have, take any 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 premiums for same from any sums due or which become due to contractor/renter under the
terms of this contract.
2. Primary Covera~e - The contractor/renter's insurance coverage shall be primary and any separate coverage or
protection available to the fair or any other additional insured shall be secondary.
3. Contractor's ResDonsibilitv - Nothing herein shall be construed as limiting in any way the extent to which
contractor/renter may be held responsible for damages resulting from contractor/renter's operations, acts,
omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not 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 indemnity obligations.
4. Certified Conies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy
of any policy required hereunder, with said copy certified by 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).
III. Particinant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability
agreement (Form required by contractor/renter's insurance company or CFSA Release and Waiver Form) from each
participant prior to hislher 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;
Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact
California Fair Services Authority at (916) 921-2213 for further information.
Revised June 1, 2006
I:Uosurance Requirements .doc
2
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 fmal unappealable fmding 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. Resolntion of Contract DisDutes (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 fmal and conclusive. Contractor shall continue to perform
contract requirements without interruption during the dispute period.
3. Non-Discrimination Clause/Statement of Com liance 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 HlV 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, et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Gov. Code Section 12990 (a-f), set forth in Ch. 5 ofDiv. 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 offamily care leave.
4. Amendment (GC 11010.5)
Contract modification, when allowable, may be made by foooal amendment only.
5. Assit!nment
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. GoverninS! Law
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
seTe, F031 (revised 10/01)
Page 1
8. Conflict ofrnterest (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):
I) 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 Emolovees (PCC 1041 I):
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 ifhe 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 shaIl render this Agreement void. (PCC
10420).
9. Contractor Name Chanl!e
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 PoUntion Violation (WC 13301)
Under the State laws, the Contractor shaII 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 1330 I of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federaI law relating to air or water pollution.
SCTC, F031 (revised 10/01)
Page 2
EXHIBIT "E"
Sound Level Standards
Events held at the Orange County Fairgrounds must comply with sound standards as outlined in
the 1980 Settlement Agreement between the Fair the City of Costa Mesa and Judge Beacom's
permanent injunction. A summary ofthe sound standards is as follows:
Sound Level Standards
Sound Level
55 dB(A)
50 dB (A)
55 dB(A)
50 dB(A)
Time Period
7:00am-l0:30pm
10:30pm -7:00am
Day of Week
Sun. - Thurs.
Sun. - Thurs.
7:00am-11:00pm
11 :OOpm - 7:00am
Fri. - Sat.
Fri. - Sat.
The sound levels shall not exceed:
(1) The sound standard for a cumulative period of more than thirty (30) minutes.in any
hour; or
(2) The sound standard plus five (5) dB (A) for a cumulative period of more than fifteen
(15) minutes in any hour; or
(3) The sound standard plus ten (10) dB(A) for a cumulative period of more than five (5)
minutes in any hour; or
(4) The sound standard plus fifteen (15) dB(A) for a cumulative period of more than one
(1) minute in any hour; or
(5) The sound standard plus twenty (20) dB(A) for any period of time.
The sound level shall be measured in the residential neighborhoods surrounding the Fairgrounds.
The contractor shall work with the District to ensure compliance with the applicable sound level
standards.
CERTIFICATE NO.
EIA PE-WC-605 J CERTIFICATE OF COVERAGE I 03/01/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
CSAC Excess N- 200'7-0 I 0 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORAL TER
THE COVERAGE AFFORDED BELOW.
Insurance Authority
c/o ALLIANT INSURANCE SERVICES, INC.
P.O. BOX 6450 COVERAGE
NEWPORT BEACH, CA 92658-6450 AFFORDED BY: A . CSAC Excess Insurance Authority
LICENSE #OC36861 COVERAGE National Union Fire Insurance CO.
PHONE (949) 756-0271/ FAX (949) 756-2713 AFFORDED BY: B . of Pittsburg, PA
EIA PUBLIC ENTITY MEMBER: COVERAGE
BIG INDEPENDENT CITIES EXCESS POOL (BICEP) AFFORDED BY: C -
AND ITS MEMBERS CITY OF SANTA ANA
ATTN: JEFF STEVENS COVERAGE
20 CIVIC CENTER PLAZA, M-28, BOX 1988 AFFORDED BY: D -
SANTA ANA, CA 92702-1988 COVERAGE
AFFORDED BY: E -
Coverafl8S
THIS S TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICY LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER
NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED
BY THE MEMORANDUMS AND POLICY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF
SUCH MEMORANDUMS AND POLICY.
CO TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRA TJON LIABILITY LIMITS
LTR POLICY NUMBER DATE (MM/DDIYY) DATE (MM/DDIYY)
A EXCESS W.C. & EIA-PE 06-EWC-05 07/01/2006 07101/2007 W.C.: $50,000,000'
EMPLOYERS' SUBJECT TO
LIABILITY S500,000 SIR
E.L.: $5,000,000'
SUBJECT TO
$500,000 SIR
B EXCESS W.C. 375-7968 07/01/2006 07/01/2007 W.C. $150,000,000"
EACH ACCIDENT
$150,000,000"
EACH
EMPLOYEE
FOR DISEASE
'LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. "ATTACHES ABOVE $50,000,000 RETENTION.
"S RESPECTS USE OF ORANGE COUNTY FAIR GROUNDS FOR OFFICER TRAINING
Certificate Holder Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OR POLICIES BE CANCELLED BEFORE
32ND DISTRICT AGRICULTURAL ASSOCIATION THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH
DBA ORANGE COUNTY FAIR GROUNDS NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS
88 FAIR DRIVE AGENTS OR REPRESENTATIVES.
COSTA MESA, CA 92626 AUTHORIZED REPRESENTATIVE
~~~?
- . .:::>
CSAC - EXCESS INSURANCE AUTHORI.$-
ISSUE DATE (MM/DDIYY)
ISSUE DATE:
CERTIFICATE OF COVERAGE 03/01/07
PRODUCER: N '2001-01 D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
Alliant Insurance Services, Inc. RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OR POLICY
P.O. BOX 6450 BELOW:
NEWPORT BEACH, CA 92658-6450 COMPANIES AFFORDING COVERAGE
PH (949) 756-0271 / FAX (949) 756-2713
LICENSE NO. OC36861 COMPANY LETTER (A)
BIG INDEPENDENT CITIES EXCESS POOL
INSUREO, COMPANY LETTER (B)
BIG INDEPENDENT CITIES EXCESS POOL MEMBER:
CITY OF SANTA ANA COMPANY LETTER (C)
ATTN: JEFF STEVENS
RISK MANAGER COMPANY LETTER (D)
P.O. BOX 1988
SANTA ANA. CA 92702-1988 COMPANY LETTER (El
COMPANY LETTER (F)
COVERAGES
THIS IS TO CERTIFY THAT THE MEMORANDUM OF COVERAGE OR POLlCY(JES) LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
FOR THE POLICY OR MEMORANDUM PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGES AFFORDED BY THE
MEMORANDUM OR POLlCY(JES) DESCRIBED HEREIN ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM
OR POLICY.
co TYPES MEMORANDUM MEMORANDUM MEMORANDUM
LTR OF OR OR POLICY OR POLICY LIMIT
COVERAGES POLICY NUMBER EFFECTIVE EXPIRES
DIFFERENCE BETWEEN
EXCESS LIABILITY $5 000 000
A BI&PD
OCCURRENCE FORM BO-05 10101/2006 07101/2007 COMBINED AND SELF-INSURED
RETENTION OF
INCLUDING AUTOMOBILE $1 000.000
LIABILITY
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS:
AS RESPECTS AGREEMENT NO. R-056-07 (RENTAL AGREEMENT NO. N-2007-010) DATED DEC. 22, 2006 FOR THE CITY OF SANTA ANA'S
USE OF THE ORANGE COUNTY FAIRGROUNDS FOR OFFICER TRAINING THROUGHOUT THE YEAR.
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/SUBLEASED, CITRUS FRUIT FAIR. OR CALIFORNIA EXPOSITION AND STATE
FAIR, THEIR DIRECTORS, OFFICERS. AGENTS, SERVANTS, AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED, BUT ONLY WITH
RESPECT TO BODILY INJURY AND PROPERTY DAMAGE LIABILITY ARISING OUT OF OPERATIONS UNDER CONTRACT PERFORMED BY
OR ON BEHALF OF THE NAMED INSURED
SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS.
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR
REPRESENTATIVES. SUBJECT TO 10 DAYS NOTICE OF CANCELLATION FOR
NON-PAYMENT OF PREMIUM.
AUTHORIZEOR:M ..d~
32ND AGRICUL TURAL ASSOCIATION
dba: THE ORANGE COUNTY FAIR
88 FAIR DRIVE
COSTA MESA, CA 92626
G:\JPUnit\Bicepl_CertsI10-2006 to 07-2007 Bicep Liab Cert.Pri.doc
AI
;f/~;l.OO7-010
~lliant
UKIVEK SPEC/'Lry GKOLP
ALLlANT INSURANCE SERVICES, INC.
BIG INDEPENDENT CITIES EXCESS POOL (BICEP)
OCTOBER 1, 2006 TO JULY 1, 2007
NAMED INSURED
MEMBER:
City of Santa Ana
P.O. Box 1988
Santa Ana, CA 92702
NAMED INSURED:
City of Santa Ana, a Charter City and a Municipal Corporation duly organized and existing under the
constitution and laws of the State of Cali fomi a;
The Community Redevelopment Agency of the City of Santa Ana,
a public body, corporate and politic;
The Industrial Development Authority of the City of Santa Ana,
a public, corporate instrumentality of the State of Cali fomi a;
The Housing Authority of the City of Santa Ana,
a public body, corporate and public;
Santa Ana Financing Authority,
a joint powers agency;
Santa Ana Empowerment Corporation, Incorporated,
a 50 I (C) (3) entity created by the City Council;
Workforce Investment Board (WIB)
The Friends of Santa Ana Parks and Recreation Community Services, A SOl (C) (3) Non-
Profit
G:\Wunil\Biccp\Bicep Cert,IBicep Kamdlnsd-Pri,doc
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