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HomeMy WebLinkAbout32nd DISTRICT AGRICULTURAL ASSOCIATION 12P %imp AGREEMENT TERMINATION 7?In t?1?Y 2fl AM f= OB Please complete this form when the attached agreement is no longer in effect.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 FORM F~31 ~ REVIEWED APPROV 0: I"Delle<" (I) \,1'1,,++ ,,-,'.,q THIS AGREEMENT by and between the 32"' District Agricultural Association dba Association, and City of Santa Ana hereinafter, called the Rentor AGREEMENTNO,R-III-09 N-2009-021 DATE January 27, 2009 FAlRTIME INTERIM xx RENTAL AGREEMENT OC Fair & Event Center, hereinafter called the WITNESSEm: I. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from February 1st, 2009 and ending on December 31 st, 2009 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 ofthe 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 hannless 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 pennits 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 resen!e 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: Tbe Event Sales & Services Policies & Procedures Handbook does bereby become a part of tbis Rental Agreement by reference and is on file witb the Association. By signing tbe Agreement, Rentor acknowledges tbat tbey have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures. 13. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services. IN WITNESS WHEREOF, This agreement has been executed in quadrupiicate, by and on behalf of the parties hereto, the day and year first above written. City of Santa Ana 20 Civic Center Plaza, M-23 Santa Ana, CA 702 32"' District Agricultural Associa ~ 88 Fair Drive Costa Mesa, ~A 9 :7 :.:: ''''M' :,~ ~~"" Bl;/ Tiile: By Tide RULES AND REGULATIONS GOVERNING RENTAL SPACE I. No Rentar 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 rnbbish 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. Rentar will furnish Association with a list of all sales prices and other charges of any kind whatsoever to be charged by the Rentar in said spacers). 5. Rentor must furnish receipts for license fees, tax deposits, insurance, etc., prior to event. 6. Rentar 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 ovm 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 pennission 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 buy and/or pennit "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 tear and damage from cause d beyond Rentor's control excepted. 12. Association may provide watchman service, which will provide for reasonable protection of the property of Rentors, but Association 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 Rent or's failure to vacate said premises s herein provided, unless pennission 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 RentorwilJ be pennitted 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 anyone or more instances upon the observance and/or perfonnance 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 tennination 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 tennination shall become effective. Such tennination shall relieve the Association of any further perfonnance of the tenns 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 perfonnance 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 ofthis 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-lll-09 DATED: February 4, 2009 WITH: CITY OF SANTA ANA PHONE: (714) 245-8052 EXHIBIT "A" DATE(S) OF EVENT: January 1,2009 and ending on December 31,2009 EVENT NAME: Officer Training LOCATION(S): PARKING LOT "H" @ $1,600.00/day............................................................................. $in-kind trade HOURS: 8am - 5pm ESTIMATED ATTENDANCE: 15 RENTER AGREES: . That this agreement covers all officer training to take place at the OC Fair & Event Center during the year 2009. . 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 andlor the annual Orange County Fair in July. . To provide proof of insurance for the year 2009. . 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 8 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 fmal day of training or after each single session day. . Alcohol brought on grounds by exhibitors, attendees, or show personnel is strictly prohibited. . Loud noises or skidding are not allowed in the parking lots at any time due to the vicinity of the adjacent residential housing tracks, City Hall, and city services. Such noises can be cause for termination of your event and removal from the premises. . Damage or skid marks left on the parking lot asphalt will be itemized and invoiced. Payment will be due prior to any new activity taking place at the Event Center. . To limit speeds to 40 mph. . Parking lot usage will be conducted in a safe manner, with consideration of other activities taking place at the Event Center. To ensure safety within and around your event. the District may, at the expense of the renter, construct a barrier around the perimeter ofthe 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year ftrst above written. ATTEST: ~ /" , I PATRICIA E. REA Clerk of the council APPROVED AS TO FORM: City Attorney ifi'J < ,! By;" ZcIAf,,-_11J!y,Jy ? City Attorney CITY OF SANTA ANA a~//a~. DAVID N. REAM City Manager 32ND DISTRICT AGRICULTURAL ASSN 88 FAIR DR COSTA MESA, CA 92626 ./ / /-7 , .,4 B ' /;/,~./ . y.. {. ..- Mark Entner, Director ofE ent Sales and Services RECOMMENDED FOR APPROVAL: ~ PAUL WALTER-S Chief of Police California Fair Services Authority Exhibit B I. Evidence of Covera.e The contractor/renter shall provide a signed original evidence of coverage form for the t= of the agreement -protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, or California Exposition and State Fair, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by: INSURANCE REQUIREMENTS A. lnsuraoce Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, whieh sets forth the foDowing: 1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the Connty fn which the Connty Fair is located, Lessor/Suhlessor if fair site is leased/subleased, Citrus Fruit Fair, or California Exposition and State Fair, their directors, officers, agents, servants, and employee, are made additional insured, but only insofar as the operations under this contract are concerned. II 2. ,Dates: The dates of inception and expiration of the insurance. For individual events, the specific event date~ must be listed, along with all set-up aud tear down dates. 3. Coveral!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 per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 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 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 Anto) with limits of not less fuan $1,000,000 combined single limits per accident for contracts involving use of contractor vehicle, (autos, trucks or ofuer licensed vehicles) on fairgrounds. In addition to the foregoing, Contractor shall provide a certified copy of an additional insured endorsement to fue District, Forms ISO CG 2005, 2010, 2012, 2024, showing fue State of California, fue 32nd District Agricultural Association, the Orange County Pair and 'Exposition Center, and their agents, director" officers, servants, and employees are made additional irisureds on Contractor's general liability inSurance policy and automobile liability policy. c. Workers' Comoensation - Workers' Compensation coverage shall be maintained covering contractor/renter's employees, as required by law. d. Medical Maloractice - Medical Malpractice coverage with limits of not less than $1,000,000 per oC9urrence shall be maintained for contracts involving medical services. e. Liauor Liabilitv - Liquor Liability coverage wifu limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving fue sale of alcoholic beverages. 4. Cancellation Notice: A statement by the insurance company fuat it will not cancel or red\lce fue limits or coverages of said policy or policies without giving 30 days prior written notice to fue named certificate holder. 5. Certificate Holder: . For Individual Event' Only. Fair, along with fair' s address, is liated as fue certificate holder. . For Master Insurance Certificates Only - California Fair Services Authority, Atto: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder. Revised June 1, 2006 I:\Insurance Requirements .doc 6. Insurance Comeanv: The company providing insurance coverage must be acceptable tcr the California Department of Insurance. 7. Insured: The conlIactor/renter must be specifically listed as the Insured. OR B. CFSA Seecial Events Prolrram - The conlIactor/renter obtains liability protection through the Califomia Fair Services Authority (CFSA) Special Events Program, when applicable. OR C. Master Certificates - A current master certificate of insurance for the con1ractor/renter has been approved by and is on file with California Fair Services Authority (CFSA). OR D. Self-Insurance - The ConlIactor/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 Covera"e - The conlIactor/renter agrees that the commercial general liability (and automobile liability, workers' compensation, medical malpractice and/or liquor liability, ifepplicable) insurance coverage herein provided for shall be in effect at all times during the term of this conlIac!. 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 da~ a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the conlIac!, 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 conlIactor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the conlIactor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (I) declare a material breach by con1ractor/renter and terminate this conlIact; (2) withhold all payments due to con1ractor/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 dne to con1ractor/renter under the terms of this contract. 2. Primary CoveralZe - The contractor/renter's insurance cqverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary. 3. Con1ractor's Resoonsibilitv - Nothing herein shall be cons1rued as limiting in any way the extent to which conlIac!or/renter may be held reeponsible for damages resulting from conlIactor/renter's operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve conlIactor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under conlIact documents or by law, including, but not limited to, actiOllS pursuant to cDnlIactor/rroler's indemnity obligations. 4. Certified Copies of Policies - Upon request by fair, conlIactor/renter shall irnmerliately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a 1me 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. Partidoant Waivers For hazardous participant events, the con1ractor/renter agrees to obtain a properly executed release and waiver of liability agreemOllt (Form requjred by conlIaclor/renter's insurance company or CFSA Release and Waiver Form) from each participant prior to hislher participation in the eVCllts sponsored by con1ractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-rehited Events; Motorized Events; Rodeo EvCllts; and Wheeled EvCllts, including bicycle, skates, Skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information. Revised Jun. 1, 2006 !:\rnsura:nce Requirements .doc 2 State of California EXHIBIT "C" Division afFairs & Expositions STANDARD CONTRACT TERMS AND CONDITIONS (F-31, RENTAL AGREEMENT) I. National Labor Relations Board (PCC Section 102961 Contractor, by signing this contract, does swear under penaltY of peIjury that no more than one final unappealable fmding of contempt of court by a Federal Court has been issued against 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 Disuutes (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 perfoim contract requirements without interruption during the dispute period. 3. Non-Discrimination Clause/Statement of Comuliance IGC 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 Employment and Housing Act (Gov. Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (CA Code of Regulations, Title 2, Section 7285.0,.et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code Section 12990 (a.f), sel forth in Ch. 5 ofDiv. 4 of Title 2 of the CA Code of Regulations are incorporated into this contract by reference and made part hereof as if set forth in full. Contractor and its subcontractors shall give written n9tice of their obligations under this clause to labor organizations with which they have a collective bargainfug 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 Nondiscrintination 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 IGC 11010.5) Contract modification, when allowable, may be made by formal amendment only. 5. Assienment 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. Governin~ Law This cOntract is governed by and shall be interpreted in accordance with the laws of the State of California. SCTC, F031 (revised 10101) Page 1 8. Conflict oiInterest (PCC 10410. 10411.10420) Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted inunediately for clarification. Current State BInolovees (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 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 own 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 twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency ifhe or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (pCC 10420). 9. Contractor Name Chan!!e An amendment is required to change the Contractor's name as listed on this Agreement Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment 10. Air or Water Pollution Violation (WC 1330ll Under the State laws, the Contractor shall not be: (1) in violation of any order ouesolution 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 EXHmlT "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 dB(A) 50 dB(A) 55 dB(A) 50 dB(A) Time Period 7:00am-10:30pm 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) 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. ~-..,., :(', COTC PROCESSING FORM AGREEMENTS AND AMENDMENTS FROM: DEPT,: SANTA ANA POLICE DEPARTMENT, TRAFFIC BUREAU 1tlY' MM! ,6 ~M 9: '5 CITY { . 1\ ANA CLF ' ~'(1'UNCIL MAIL STOP: M-18 TO: CLERK OF THE COUNCIL OFFICE PROJECT MANAGER: COMMANDER MATT CRAIG EXT_: 245-8215 AGREEMENT NUMBER (if amendment): A I N R-111-{)9 AMENDMENT NUMBER (if applicable): o 1 ST 0 2ND o 3"D D NAME OF CONSULTANT: 32ND AGRICULTURAL ASSOCIATION db. THE ORANGE COUNTY FAIR & EXPOSITION AMOUNT: DOVER $25,000' (A) o UNDER $25,000' (N) COUNCIL APPROVAL DATE: ITEM#: TERM OF AGREEMENT- EFFECTIVE DATE: 1-27-09 TERMINATION DATE: SIGNATURES REQUIRED: D VENDOR o CITY ATTORNEY o AGENCY 1ZI OTHER (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) INSURANCE REQUIRED: [2] YES D NO (Provide City Attorney Office approval) o AUTO D PROFESSIONAL LIABILITY o CGL (CDmmercial General Liability) D WORKERS COMPENSATION COMMENTS: INSURANCE CERTIFICATES ALREADY ON FILE WITH THE OC FAIR & EXPO FOR 2008-2009 FOR CLERK OFFICE USE ONLY: o PROCESS 0 DO NOT PROCESS 0 MISSING CONTACT/PROJECT MANAGER INFORMATION 0 MISSING SIGNATURES 0 NEEDS COUNCIL APPROVAL 0 OTHER ADDITIONAL REMARKS: . Charter amendment effective December 21, 2006 for City Manager contract authority increase.