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HomeMy WebLinkAbout32nd Distric Agric. Assoc. 11P %imp AGREEMENT TERMINATION 7?In t?1?Y 2fl AM f= OB Please complete this form when the attached agreement is no longer in effect. C ?1' t ?; '?. ANA Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if you have 1aQW-4QIas1Lbnss. -) - €1 C i t --------------------------------------------------------- The agreement with ,j o2 hd No. was completed on ? ?- 3 I - and final oavment has been mariP yq 1D N - a-l7C> (p - n 3 0 Revised OS-22-08 ?r an Us - 0 .a r) Department: Signature: Date: City of Santa Ana Clerk of the Council y FORM F-31 0'. Fbt,te (j 0(,4) Sg\. ~ Crt\"'9 FEB .. 4 2008 N-2008-009 AGREEMENT NO.R-086-08 DATE January 14,2008 FAlRTIME INTERIM xx - APPRO RENTAL AGREEMENT THIS AGREEMENT by and between the 320d District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and City of Santa Ana hereinafter, called the Rentor WITNESSETH: I. 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, 2008 and ending on December 31St, 2008 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 forth below: Please see Exhibits "A" "B" "C" 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 otherwise 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 & 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. 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 Ana, CA 92702 By Title David M. Ream, City Manager By Title Paul M. ~ters, Chief of Police ~~ "c Patricia E. Healy, Clerk of the Council See attached signature page By Title 'Ii AGREEMENT: R-086-08 DATED: January 14, 2008 WITH: CITY OF SANTA ANA PHONE: (714) 245-8052 EXHIBIT "A" DATE(S) OF EVENT: January 1,2008 and ending on December 31, 2008 EVENT NAME: Officer Training LOCATION(S): PARKING LOT "H" @ $1,600.00/day............................................................................. $in-kind trade HOURS: 8am - 5pm ESTIMATED ATTENDANCE: 15 RENTER AGREES: . That this agreement covers all officer training to take place at the OC Fair & Event Center during the year 2008. . To contact the Event Sales and Services Department at (714) 708-1545 prior to scheduling any training sessions to insure that the location is available. . An OC Fair & Event 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 OC Fair & Event 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 2008. . 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 Event 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 Event 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 used that fire shells filled with bean bags and rubber pellets. , . 6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance. 7. Insured: The contractorlrenter must be specifically listed as the 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 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 l. Maintenance of Coverage - 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 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 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 Coverage - 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 Responsibility - 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 Copies 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. ParticiD3nt 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 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; 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 l:\Insurance Requirements .doc 2 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 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 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 shall render this Agreement void. (pCC 10420). Contractor N aIDe Change An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt oflegal 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) [mally determined to be in violation of provisions of federal law relating to air or water pollution. SCTC, F031 (revised 10/01) Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA v~~ Clerk of the Council ~(2- DAVID N. RE City Manager APPROVED AS TO FORM: 32 ND DISTRICT AGRICULTURAL ASSN 88 FAIR DRIVE COSTA MESA, CA. 92626 JOSEPH W. FLETCHER City Attorney ) - By: ff( U{(z (!l ~ n~ {{"" Paula Coleman Assistant City Attorney RECOMMENDED FOR APPROVAL: "\ , / ( ~ , ~ L ~'--' Iv ~ PAUL WALTERS Chief of Police