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HomeMy WebLinkAbout32nd District Agric. Assoc. 09P %imp AGREEMENT TERMINATION 7?In t?1?Y 2fl AM f= OB Please complete this form when the attached agreement is no longer in effect.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 ;- ~ ''\ C ^ t, ,''1 0 Q , ~ ': A \. (' FO - t :~ , ) , L ',J V V ' .J) I -:~ . fi) 'tr=l ) . ~.a.G -c:\5V .- THIS AGREEMENT by and between The 32'" District Agricultural Association dba The Orange County Fair, hereinafter called the AssociatiDn, and City ofSantll Ana hereinafter, called the Raltor COpy ~ ??n- D AGREEMENT ,,~_~~!)u~'-06 I , DATE. February 18, 2006 F AIRTIME lNTEIUM u RENTAL AGREEMENT N-2006-030 WITNESSETR: I. THAT WHEREAS, The &mar desires tD secure from the Association certain rights and pri"Yileges and to obtain permission. from the Associaiion to tlse Association prcmis=>: from January 1~, 2006 and tn,ding on December 31't, 2006 2_ NOW, THEREFORE, J\ggocie.tion hereby grants to the Renter the right to oceupY the !>pace(s) described below for the p\lq>Ose hc::rcina:ftd s~ forth, subject to the: terms and conditions of this awoonent . Parking Lot "HH 3. The PUIJ?Osc of occupancy mall be limited to, llnd shaIl be for no other pJ?PO"e or ,purposes whatsoever: ,Officer TraiDing 4. Rentor agrees to pay to As9~ia.tion fur the rights and privileges ho::reby gnmted, the amounts $l1d. in the IDllIIDc:r ~ct 'forth below: Please see Exhibits "A" "B" <fC" lIDd "E" which areinrorporated and made part of the Rental Agreement. 5_ Association shall have: the right to audit and monitor any and all sales as we:lI as access to the premises. 6. Rentor furthel:' agrees to indemtrifY and saVr; harmless Associlitionand the State of California, their officers, agel),ts, servants and employees from al:lY and all claimS, causes ofactioD and suits accruing or resulting from my Pmnages. i~nry or loss to ~y person or peaons,inc.h1dil2g all persons to whom the Reutonnay be liable under any Worlcers' Comp~ation law tlnd Renter bimself and from any loss, damatiC, cause of . action, claims or suits for dlUnagee including but not limited to loss of property, goods, 'WatC3 or merchandise, caused by, ansing out of or in any way C:OlUlected with the a=ise by Rmtor of the privileges herein gIanted. 7. RenIDr further agrees that h~ will not sell, exchange or 00rtel:', or permit his employees to sell, eltcbange or barter, any permits issued to Rent<lr or his ~p]Oyees hereunder. . 8. It is mutually u.nderstQod and agreed that this contract 0, the privileges granted he<ein, Or any part thaeof, cannot be llSSigned or otherwise: rli$po~ed of without the: written consent of Association. 9', It is mutually understood aud aire<<1 that no. alte;.atioa OJ: variation of the terms of this contract shall be valid, unl~5 made inwriting and signed by thr; parties horetO, and i:h& DO oral undlil'!standlng or I1grot::ments not inCoIporatc.d b&eln and P-O alterations 0(' variations of the 1mns hereot; unless made in writing and signed by the patties b~, shall be bindjn~ upon any of the parties hereto. W. The Rules and Regulation? printed OIl thr; reserve sido h=of a.e made a part of this agre\;IDent as though fully incorporated herein, and Rental' agrees that he has read this agretmtent and the said Rules and Regulations and under~ds that they shall apply, \l.llIess amended by mutu.al COrtse.nt in writing of the parties hC:r~. 1 I. In tb~ evetlt Rentor fail,s to comply it! any respect with the terms of this agrer<:ment and the Rules and Regulations ,e.fared to herein, i>ll payments for this rental space shall be deemed eam.ed and nOll.~refundable by Association and Association shall have the right to occupy the spa~ in any manner deemed for the best interest of Association. . 12, Special PtovisioJJs: The Event Services policies & Procedures' Handbook does hereby become a part of tIDll Rental Agreement by reference and is on file with the Assaciation. By signing t.he Agreement, Rentor acknowledges that they h~.'e read the Event Services Policies & :Procedures IIalldbook and agrees to a.bide by said Polid~ and Procedures. 13, This agreement is not binding upon Association until it has bl:Cll duly accepted and signed by itg authorized representative. and approved (if required) by the Department offood aud Agriculture and Department ofGenera1 Services. IN WITNESS WHEREOF, This agreement bas been e.xe:cuted io quadtuplicat.; by md on behalf of the parties he:reto, the: d~y and year first above written. Oty of Santa Ana 20 Civic er PJaza SaD-ta 8, A 927 By By Title Title By Title By Title ,By RULES AND REGULATIONS GOVERNING RENTAL SPACE No Rentor will be allowed to open until all the preliminary requirementsVC;~~ed with. . " . Rentor will conduct his business iu a quiet and orderly JIInner; ',' oJlrr<<rubbish, slop, garbage, tin cans, paper, etc. in receptacles provided by the Association within said concession plot for sucb purpose, and will keep the area within and surrounding said concessions free from aU rubbish and debris, 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 Dot 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. Rentor 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 space(s). Rentor must furnish receipts for license fees., tax deposits, insurance, etc., prior to event. Rentor will conduct the privileges granted in the Rental Agreement according to all the rules and requirements of the State DepartmeIi.t 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 traDsactions 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. 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. 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. 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. Rentor agrees that there will be no games, gambling or any other activities within the confine ofhis space in which money is used as a prize or premium, and that he will not buy andlor permit "buy backs" for cash, any prizes or premiwns 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. I. 2. 3. 4. 5. 6. 7. 8. 9. 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 tear and damage from cause d beyond Rentor's control excepted. 12. Association may provide watchman setvice, 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 ooxes, 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 ofRentor'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 Rent or 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. IS. All safety orders of the Division of Industrial Safety, Department of Industrial Relations, must be strictly obsetved.- 16. Failure of Association to insist in anyone 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 hereofby 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-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 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-B, Statement Regarding Insurance, must be attached to each copy and incorporated by refereuce in Paragraph 12 of page one. Nondiscrimination Clause, Form 17 A or Form 17b for agreemeuts over $5,000 must be attached to each copy and incorporated by reference in Paragraph 12 or page one. AGREEMENT: R-089-06 DATED: February 22, 2006 WITH: CITY OF SANTA ANA PHONE: (714) 245-8052 EXHIBIT "A" DATE(S) OF EVENT: January 1ST, 2006 and ending on December 31ST, 2006 EVENT NAME: Officer Training LOCATION(S): PARKING LOT "H" @ $1,200.00/day ............................................................................ $in-kind trade HOURS: Sam - 5pm ESTIMATED ATTENDANCE: 15 RENTER AGREES: . That this agreement covers all officer training to take place at the Orange County Fair & Exposition Center during the year 2006. . To contact the Event Sales and Services Department at (714) 70S-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 2006. . 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 tirae 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 used that fire shells filled with bean bags and rubber pellets. California Fair Services Authority Exhibit "B" INSURANCE REQUIREMENTS I. Evidence of Covera!!"e The contractor/renter shall provide a signed original evidence of coverage for the term of the agreement protectiog the legal liahility of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, 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: I. 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, 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. ft 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. CoveraQ: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. Limits shall be not less than $5,000,000 combined single limits per occurrence for Fairtime Carnival Rides; $3,000,000 combined single limits per occurrence for Motorized Events All Types; $3,000,000 ccmbined single limits per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 combined single limits per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stockevents; $1,000,000 combined single limits per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 combined single limits per occurrence for Interim Carnival Rides, Concerts with over 5,000 attendees, Raves All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, and Simulators; $1,000,000 for all other coutracts 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 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds. c. Workers' COIDoensation - Workers' Compensation coverage shall be maintained whenever contractor/renter has employees, as required by law. d. Medical Maloractiee - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services. e; Liouor Liabilitv - 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: 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 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. 6. Insurance COffioanv: The company providing insurance coverage must be acceptable to the California Department of Insurance. OR Revised 10/1/03 -1- B. CFSA Special Events Prom - The contractorlrenter 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). ll. General Provisions 1. Maintenance of Coverae:-e - The contractor/renter agrees that the commercial general liability (and automobile liability, workers~ compensation, medical malpractice and/or liquor liability, ifapplicable) 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 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 (I) 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 ~o 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: (I) 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 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 contractorlrenter=s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractorlrenter 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 CODies 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. m. Particinant Waivers For hazardous participant events, the contractor/renter agrees to obtain a properly executed Release and Waiver of Liability Agreement (CFSA Form "Release. Lib") from each participant prior to his/her participation in the events sponsored by contractorJrenter. 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 \Vheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information. Revised 10/1/03 T.\ T__.._~__~ n~~..:_~_^_~~ ......-.+_l.__. ~~~~ .._..:1 ~. \.......:>......."'............ ~v...'i....U...LL.l....ll.., ....,..."OJ.......... ..., ""vu~...l'''" -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 fInal unappealable fJnding of contempt of court by a Federal Court has been issued agaiost contractor within the inunediately 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 Disnntes (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 sball submit a written statement regarding the dispute to Fair Management. A decision by Fair Management shall be made to the Contractor in writing, and..ball be fInal and conclusive. Contractor shall continue to perform contract requirements without interruption during the dispute period. 3. Non-Discrimination Clause/Statement of Comoliance fGC 12990fCCR 8103-8120) During the performance of this contract, contractor and its subcontractors shall oot 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 arid AIDS), mental disability, medical condition (cancer), age (over 40), marital stains, 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 HousiIig Commission implementing Gov. Code Section 12990 (a-f), set forth iIi Ch. 5 ofDiv. 4 of Title 2 of the CA Code of Regulations are incorporated iIito this contract by reference and made part hereof as if set forth iIi 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 sball iIiclude the nondiscrimination and compliance provisions of this clause iIi all subcontracts to perform work under this contract. Contractor, by signiIig 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 iIi matters relating to reportiIig requirements and the development, implementation and maiIitenance of a Nondiscrimi1iation 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 origiIi, physical disability (iIicluding HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. 4. Amendment fGC 11010.5) Contract modifIcation, when allowable, may be made by formal amendment only. 5. Assil!nment This Agreement is not assignable by the Contractor, either in whole or iIi part, without the consent of the State iIi the form of aaformal 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 writiIig 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 iIi the terms of the contract. 7. GoverniIil! Law This contract is govemed by and shall be iIiterpreted iIi 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 aware of the following provisions regarding current or former state employees. if Contractor has any questions on Ihe status of any person rendering services or involved with the Agreement, the awarding agency must be contacted innnediately for clarification. . Current State Emplovees (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 fmancial 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 owo behalf as an independent contractor with any state agency to provide goods or services. Former State Emplovees (PCC 10411 ): I) 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 twelvecmonth 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 ina 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 Chan!!e Au 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: (I) inviolatiou of any order or resolution not subject to review promnlgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuantto Section 13301 oflhe Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions offederal!aw relating to air or water pollution. scrc, 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's permanent injunction. A summary of the sound standards is as follows: Sound Level Standards Sound Level 55 dE(A) 50 dE(A) 55 dE(A) 50 dE(A) Time Period 7:00am-10:3Opm 10:30pm -7:00am Dav of Week Sun. - Thurs. Sun. - Thurs. 7:00am-ll:00pm 11:00pm-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) dE(A) for a cumulative period of more than one (1) minute in any hour; or (5) The sound standard plus twenty (20) dE(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.