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HomeMy WebLinkAboutTHIRTY-SECOND DISTRICT AGRICULTURAL ASSOCIATIONCity of Santa Ana QP Cleric of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. COTC Office Use Only ?IT?n SEP I S PIi 2 09 CITY O 4TA ANA CLEF;; ',OUNCIL The agreement with Da5'I?tt.acC' No_ was completed on `! 3 n ? i t7 and final payment has been made. (Ust all amendments. Use spats below If needed.) Department: Phone/Ext.: Signature: Date: °,, <'t 1 LO ~ FORM F- AGREEMENT NO.R-047-10-B DATE December 1, 2009 REVIEWE JAN ~ `~ )Q~p FAIRTIME INTERIM xx APPROVED RENTAL AGREEMENT N-2010-002 THIS AGREEMENT by and between the 32"d District Agricultural Association dba OC Fair & Event Center, 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 April lg`, 2010 and ending on June 30`h, 2010 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. 11. 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. j IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on ehalf of the parties hereto, the day and year first above written. City of Santa Ana 32"d District gricul~ al o iation 20 Civic Center Plaza, M-23 88 Fair Dri Santa Ana, C~ 92702 J ,.~ ,,~ Cost, M , CA 926 ~ i By ~ u~~ Title D d .Ream, By Title PauLIVI. Walt s By Title By Title of Police BY Title: Doug ~"''"' ~'"`'tA" ~ "" Maria D. Huizar ,Clerk of the Council Clerk of the Council ~~ _ Laura Sheedy, Assistant Attorney RULES AND REGULATIONS GOVERNING RENTAL SPACE 1. No Rentor will be allowed to open until all the preliminary requirements herein set forth 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 for such purpose, and will keep the area within and surrounding said concessions free from all rubbish and debris. 3. All buildings, tents, or enclosures erected under the term of Rental Agreement shall have the prior approval of Association and the local fire suppression authorities. All eating concessions not restricted to specific items will submit menus and prices to Association for approval at least twelve (12) hours in advance of each day's operation. 4. Rentor will furnish Association with a list of all sales prices and other chazges of any kind whatsoever to be charged by the Rentor in said space(s). 5. Rentor must fumish receipts for license fees, tax deposits, insurance, etc., prior to event. 6. Rentor will conduct the privileges granted in the Rental Agreement according to all the rules and requirements of the State Department of Health Services and local health authorities, and without infringement upon the rights and privileges of others; will not handle or sell any commodities or transact any business whatsoever for which an exclusive privilege is sold by Association, nor engage 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 the 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 showing the prices to be charged for all 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. 8. Association will furnish necessary janitor service for all aisles, streets, roads and areas used by the public, but Rentor must, at his own expense, 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 trash must not be swept into the aisles or streets or any public space. 9. 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 fmal and conclusive. Sound-amplification equipment may be installed within or outside any space only by first obtaining written permission thereof from Association. 10. Rentor agrees that there will be no games, gambling or any other activities within the confine of his space in which money is used as a prize or premium, and that he will not buyand/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. 11. Rentor is entirely responsible 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 Rentor, reasonable wear and teaz 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 shall 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 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. 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 Rentor will be permitted to sell or dispose of anywhere on the Fairgrounds alcoholic beverages as defined 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 any one or more instances upon the observance and/or 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 termination shall become effective. Such termination shall relieve the Association of any further performance 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-yeaz period because of the Contractor's failure to comply with an order of the National Labor Relations Boazd (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 hereto agree that Rentor, 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 heirs, executors, administrators, successors, and assigns of the respective parties hereto. Memo for Fair Management: Hazardous Agreements. If this agreement provides for a hazardous activity, the current Form FE-13, Statement Regarding Insurance, must be attached to each copy and incorporated by reference in Paragraph 12 of page one. Nondiscrimination Clause, Form 17A or Form 17b for agreements over $5,000 must be attached to each copy and incorporated by reference in Paragraph 12 or page one. AGREEMENT: R-047-10-B DATED: December 1, 2009 WITH: CITY OF SANTA ANA PHONE: (714) 245-8052 EXHIBIT "A" DATE(S) OF EVENT April 1, 2010 and ending on 3une 30, 2010 EVENT NAME: Officer Training LOCATION(S): PARKING LOT "H" @ $1,600.00/day .............................................. ................ $in-kind trade ............... HOURS: Sam - Spm ESTIMATED ATTENDANCE: I S RENTER AGREES: • That this agreement covers all officer training to take place at the OC Fair & Event Center during the year 2010. • 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 2010. • 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 mazks left on the pazking 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. California Fair Services Authority Exhibit B INSIIItANCE REQUIREMENTS I. Evidence of Coverage 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 leasedlsubleased, 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 inc~,rarce (the ACORD form is acceptable), lawfully transacted, which sets forth the following: 1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is Iocated, Lessor/Sublessor if fair site is Ieasedlsnbleased, 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 aIl set-up and tear Clown dates. 3. Coverages: a. General Liability -Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 0001. Limits shaIl 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 cad 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 rides, 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 in ~?,mince (and liquor liability, if applicable) is required. b. Automobile Liability -Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current LSO policy form # CA 0001, Symbol #1 (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. In addition to the foregoing, Contractor shall provide a certified copy of an additional insured endorsement to the District, Forms ISO CG 2005, 2010, 2012, 2024, showing the State of California, the 32nd District Agricultural Association, the Ozange County Fair and Exposition Center, and their agents, directors, officers, servants, and employees are made additional insureds on Contractor's general liability;ncnrance policy and automobile liability policy. c. Workers' Compensation - Workers' Compensation coverage shall be maintained covering contractor/rarter's employees, as required by law. d. Medical Malpractice -Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services. e. Liquor Liability -Liquor Liability coverage with limits of not less than $1,000,000 per occuaence shall 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 written notice to the named certificate holder. 5. Certificate Holder. • For Individual Events Only -Fair, along with fair' s address, is listed as the certificate holden. • For Master Insurance Certificates Only -California Fair Services Authority, Attn: Risk Management, 1776 Tnbute Road, Suite 100; Sacramento, CA 95815 is listed as the certificate holder. -- Revised June 1, 2006 L•~Insuranee Requirements .doo l 6. Insurance Company: The company providing insurance coverage must be acceptable tv the California Department of Insurance. . 7. Insured: The contractor/renter 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-inc,~+~nce has been approved by California Fair Services Authority (CFSA). II. General Provisions - - 1. Maintenance of Coverage -The contractor/renter agrees that the commercial general habilits` (and aut°mobile 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 team 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 evldencmg '"~"~"~ coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less dean 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/reater 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 inc~~rance coverage is in effect; and (3) obtain such inc~ranCe coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract 2, 'many Coveraga -The contractor/renter's insurance coverage shall be primary and gay 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 contactor/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 Coyies of Policies -Upon request by fair, contractor/renter 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 of the original policy. Fairfime Carnival Ride contractors must submit copies of actual liability insurance Policies, certified by an underwriter, to California Fair Services Authority (CFSA). III, Particiaant 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 ;nenrance 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 (91~ 921-2213 for further information. Rtviscd June 1, 2006 T•\incurance RCOIIIICIDCIILS .dOC State of California - E~IBTT "C" Division of Fairs ~& Expositions STANDARD CONTRACT TERMS AND CONDITIONS (F-31, RENTAL AGREEMENT) National Labor Relations Board (PCC Section 102961 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. Non-Discrimination Clause/Statement of Compliance (GC 12990/CCR 8103-8120) During the performance of this contract, contractor and its subcontractors shall not unlawfully dis~rim7nate, 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 dis~m~n~tion 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.O,.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 bazgaining 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 dis~m;nate, 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 denim of family care leave. 4. Amendment (GC 11010.51 Contract modification, when allowable, maybe 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 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 pr'or 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 10/01) Page 1 8. Conflict of Interest (PCC 10410, 10411, 10420) Contractor needs ~to be awaze 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 awazding 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, ao 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-malting 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 apolicy-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 Chance 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 8esources 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 "Sound Level Standards Err "E" 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's permanent injunction. A summary of the sound standards is as follows: Sound Level Standards Sound Level Time Period Day of Week 55 dB(A) 7:OOam -10:30pm Sun• - ~~• 50 dB(A) 10:30pm - 7:OOam Sun. -Thurs. 55 dB(A) 7:OO~m -11:OOpm Fri. -Sat. 50 dB(A) 11:OOpm- 7:OOam 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 (1~ 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.