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HomeMy WebLinkAboutTHIRTY-SECOND DISTRICT AGRICULTURAL ASSOCIATION 18 - 2014MAR 22 1 ��Y0�14 FORM F -3I © v r Vt�,�Qv) REVIEWit: APPROV RENTAL AGREEMENT N- 2014 -029 AGREEMENT NO. R- 103 -14 DATE February 4,2014 £AIRTIME INTERIM xr THIS AGR'EENIENT by and between the 32 "" District Agricultural Association dint OC Fair & Event Center, hereinafter called the Association, and Santa Ana Police Department hereinafter, called the Renter NVITNESSETH: 1. THAT WHEREAS, The Renter desires to secure from the Association certain rights and privileges and to obtain permission fronn the Association to use Association premises: from January 1, 2014 and ending on December 31, 2014 2. NOW, THEREFORE, Association hereby grants to the Renter 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„ 1 The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever: Santa Ana Police Department Officer Training 4. Renter agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below; $60.00 Per Day - Please refer to Exhibits "A" 1111" "C" and "E" which are incorporated and made part of this Rental Agreement Contract not to exceed $500.00. 5. Association shalt hava the right to audit and monitor any and all sales as welt as access to the premises. 6. Rector 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 Renter may be liable under any Workers' Compensation law and Renter 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-comtected- whlrtire icise�by Rentor ofthe privileges beret d, Z Renter further agrees that Ire will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder. S. 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 shalt 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 oftireparties hereto. t0. The Rules and Regulations printed on the reserve side hereof art made a part of this agreement as though fully incorporated herein, and Rentor agrees that lie has read this agreement and the said Rules. and Regulations and understands that they shall apply, unless amended by mutual consent in writing of tho parties hereto. it. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rides and Regulations referred to herein, all payments for this rental space shalt 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 &i Procedures Handbook sloes hereby become a part of this Rental Agreement by reference and Is on file with the Association. By signing the Agreement, Rentor aeRnowledges 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 duty 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 een e ecuted in uadmialcite, by and on behalf of the parties hereto, the day and year firs_N above written: _ H Santa Aria Police Department 32vd District Agricultural Association v� 20 Civic Ce ter epria David CaVaZOs SS Fair Drive Santa A A 1 City Manager Costa Mesa, CA 92626 A ray(/'��� 3yCf��� v ®W Title: Carlos Rojas, Chief (0 :z t ��� Title: Sharon Augenstein, Chief Financial Officer n � Maria D. Huizar C Clerk of the Council ZZ RULES AND REGULATIONS GOVERNING RENTAL SPACE L No Renter 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 famish Association with a list of all sales prices and other charges of any kind whatsoever to be charged by the Renton in said space(s). 5. Renter must furnish 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 famish 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 final and conclusive, Sound - amplification equipment may be installed within or outside any space only by first obtaining written permission thereof from Association. 10. Renter 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 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. 11. Rentor is entirely responsible for the space allotted to Reuter and agrees to reimburse Association for any damage to the real prop, equipment, or grounds use _- hn co�ion wit I is space at Re or, reasonable wear and tear and damage from cause beyond Rentor's control excepted, 12. Association may provide watchman service, which will provide for reasonable protection of the property of Renton, but Association shall not be responsible for loss or damage to the properly of Rentor. 13. Each and every article of the space and all boxes, crates, packing material, and 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, It is understood in the event of Rentor's failure to vacate said premises 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 natme whatsoever, at the Reuter's risk and expense, and Remtor 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 ane 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 roles and regulations. 17. This rental agreement shall be subject to termination by either party at any time during the tenn 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 die 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 may create a possessory interest subject to property taxation and that the Rentor may be 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 panties hereto. Memo for Fair Management: Hazardous Agreements. If this agreement provides for a hazardous activity, the current Form FE43, Statement Regarding Insurance, must be attached to each copy and incorporated by reference in Paragraph 12 of page one. EXHIBIT "A" Event Name: Santa Ana Police Department Officer Training Contract No: R- 103 -14 Contact Person: Chief Carlos Rojas Phone: (714) 245 -8209 Event Dates: 01/01/2014 - 12/31/2014 Hours: 08:00 AM - 05:00 PM Projected Attendance: 15 LOCATION(S): Parking Lot H ............................................................ ............................... $60.00/Day RENTER AGREES: • That this agreement covers all officers training to take place at the OC Fair & Event Center during the 2014 calendar year. • To contact the Event Sales and Services Department at (714) 708 -1545 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. This avoids any miscommunication between renter's attendees and the OC Fair & Event Center. • To provide proof of insurance by January 1, 2014 • To notify the District ( OCFEC) of any accident that takes place during the training. The Guest Relations Department can be reached by phone at (714) 708 -1588, 24 hours a day, or they can be located at the Guest Relations Office near Gate 5 off Arlington Drive between the -------hours of ffi: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 be cause for termination of your event and removal from the premises. • That damage made to Lot H and/or 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 MPII. • That 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 ( 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 Services Authority EXHIBIT "B" INSURANCE REQUIREMENTS I. Evidence of Coverage The contractor /renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter "contract ") 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, California Exposition and State Fair, or Entities (public or non - profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by: A. Insurance Certificate - 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: "That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor /Sublessor if fair site is leased /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, 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. 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 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 racin 9 and go- cart_racing,. $3,0.00,000 - 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 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 insurance (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 ISO 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. c. Workers' Compensation - Workers' Compensation coverage shall be maintained covering contractor /renter'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 occurrence shall be maintained for contracts involving the sale of alcoholic beverages. 4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions. 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. Revised June 1, 2012 MInsurance Requirements .wpd 6. Insurance Company: 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 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). go 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 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 /renterfails- to keep in— effect — t --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. The contractor /renter indemnity obligations shall survive the expiration, termination or assignment of this contract. 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. Participant 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 Jame 1, 2012 IAnsurance Requirements .wpd 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. 10381) If, during the performance of this agreement, a dispute arises between contractor and Fair Management, which cannot be settled by discussion, the contractor shall submit a written statement regarding the dispute to Fair Management. A decision by Fair Management shall be made to the Contractor in writing, and shall be final and conclusive. Contractor shall continue to perform contract requirements without interruption during the dispute period. 3. Non - Discrimination Clause /Statement of Compliance (GC 12990/CCR 8103.8120) During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractors and subcontractors shall comply with the provision of the Fair Emplovment and Housina Act Title 2, Section 7285.0, et sec.). 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 110%51 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. 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 10/01) 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 Emolovees (PCC 10410 1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): 1) For the two -year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision - making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve -month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy - making position in the same general subject area as the proposed contract within the 12 -month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420). 9. _ Contractor Name Change An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 10. Air or Water Pollution Violation MC 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 p.m. curfew in effect unless an extension of curfew is approved in writing by the CEO or COO of the 32nd District Agricultural Association (Dist(ct) 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 55dB In ALL .areas-wh-ere_bauses_ar_elocated. -- -.- - -- 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 FOR 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. 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.