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HomeMy WebLinkAboutTHIRTY-SECOND DISTRICT AGRICULTURAL ASSOCIATION 19 - 2015FORK V -31 REVIEWED APPROVED-' -1 UL IN 1 AL At it LhivwNT AGREEMENT No, R- 036.15 DATE January 16, 2015 FAiRTIME INTERIM XX 'PHIS AGREEMENT by and between the 32 "d District Agriettltural Association dba OC Valr& went Center, hereinafter called the Association, and Saida. Ana Pollee Department hominaller, called the Renter VViTNESSETAt 1. THAT WHEREAS, The Renter desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: = from .January 1, 2015 and ending December 31, 2013 2, NOW, THEREFORE, Association hereby grants to the Ranter the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terns" and conditions of this agreement: Parlding f.ot H 1 Thetimpose of occupancy shall bolimited to, and shall be for oomhorpurposc or purposes whatsoever: Santa Ann 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: $100.00 per day 5. Please see'Exhilrits "A ° "'B" "C" and "E" whial are incorporated hrto and made a part of the Rental Agreement. Contract not to exceed $500,K 6. Association shall have the right to audit and monitor any and all sales as well as access to the premises. 7, Rentor further agrees to Indemnity and save harmless Association and the State of California, their officers, agents, servants and employees, Stool, any and all claims, causes of nation and stilts 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 nay Workers' Compensation law and Renter himself and from any loss, damago, cause of action, claims or suits for damages including but not limited to foss of property, . goods, wares or merchandise, caused by, arising out ofor im any way connected with the exercise by Renter of the privileges herein granted. 3. Renter Author agrees that he will act sell, exohmigv or barter, oc permit his cmploycos to sell, exchange or barter, any penults issuod to Rento• or his employees heremnder, 9. It is annually imderstaod 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, t0. It is mutually understood and agreed that no alteration or variation of the terms of this contract small be valid, unless matte in writing and signed by the parties hereto-, and that nq oral understanding or agreements net incorporated herein and no alterations or variations of the teens hereof, uolass made In writingand signed by the parties hereto, stall be binding upon any of the parties hereto, it. Tito Rules and Regulations printed on the rcaarvo side hereof are made a part of this agrcomout as though folly incorporated herein, and Ctentor Agrees that he bas read this aweement and the sad Rules and Regulations and understands that they shall apply, Unless amended by mutual consent In writing of the parties harem. 12, ht the event Renter fails, to comply in any respect with the terms of tills_ 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 file right to occupy the spacc in any manner deemed for the best interest of Association. m Special Provisions: The Event Sales & Services Policies & Procedures Handbook floes hereby become a part of this Rental Agreement by reference and is oft file with the Association. By signing fire Agreement, Renter acknowledges that they ]nave read the Event Stiles & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures. 14, 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 Deparamont of rood and Agriculture and Department of General Services, N WITNESS WHEREOF, This agreement into been oxoouted in quadruplicate, by and on behalf of the parties hereto, the day and year first above written, Santa Auto Police Department 32 "Q District Agricultural Association 20 Civfu Canter Y SO Fair Drive Sankt Ali 92701 Costa Mesa, CA 92626 By By _ ____. Tiki (� Title: Sharon Augenstein, Chief Financial Officer f�a �1 i same A. itossini Maria D. Huizar Senior Assistant Citv Attorney Clerk of the Council EXHIBIT "A" Event Name: Santa Ana Police Department Officer Training Contract No: R- 036 -15 Contact Person: Carlos Rojas, Chief Phone: (714) 245 -8209 Event Dates: 01/0112015 - 12/31/2015 Hours: 8:00 AM • 5 :00 PM Projected Attendance: 15 LOCATION(S): Parking Lot H.... .................. ............................................................... $100.00 Per Day RENTER AGREES: • That this agreement covers all officer training to take place at the OC Fair & Event Center during the 2015 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, 2015 • To notify the District ( OCFEC) of any accident that takes place during the training, The Safety & Security Department can be reached by phone at (714) 708 -1588, 24 hours a day, or they can be located at the Safety & Security Office near Gate 5 off Arlington Drive between the hours of 6:00 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 IIall and City services, Such sound violations can be cause for termination of your event and removal from the premises. • That damage occurring in Lot H and /or of 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 MPH, • 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 "rite 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. 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 par 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 par 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, Orbitmns, Simulators, and Motorized Events of arena or track motorcycle racing and go -cart racing; $1,000,000 par 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. e. Workers' Compensation - Workers' Compensation coverage shall be maintained covering oontactor /renter's employees, as required by law. d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurremoo shall be maintained for contracts involving medical services, a. Liquor Liability - Liquor Liability coverage with limits of not loss than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages. 4. Canoellation 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 I: \feeureaee aequtromeut" , rVd 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 -Acuff ant 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- Insuranca - 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 data, a new certificate of insurance evidencing instances 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 prier to the giving of such approval. In the event the contractor /renter fails to keep in affect at all times insurance coverage as herein provided, the fair may, in addition to any other romodies it may have, take any of the following actions: (1) declare a material breach by contractor /ranter 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 contractorhenter under the terms of this contract. 2. Prima;yer. Cov age - 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 Responsibilitq - 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. Fairtimo 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 agroemont (Form required by contractor /roater's insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor /renter. Iazardous participant events include but are not limited to any event within the following broad categories: Athletic Tom Events; Equostrian- rotated Events; Motorized Events; Retire Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921 -2213 for further information. Revised June 1, 2012 I:Vun urnnae Ragniremante .wpd State of California EXHIBIT "ll Qlvlslon 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. 103811 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 129901CCR 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, at seq.) and the applicable regulations promulgated thereunder (CA Cade of Regulations, Title 2, Section 7285.0, at seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code Section 12990 (a -f), set forth in Ch. 5 of Div. 4 of Title 2 of the CA Code of Regulations are incorporated into this contract by reference and made part hereof as if set forth in full. Contractor and Its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective 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 11010.5) 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 10101) 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 the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted Immediately for clarification. Current State Employees (PCC 10410): 1) No officer or employee shall engage In any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): 1) For the two -year period from the date he or she left state employment, no former state officer or employee may enter into a contract In which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision - making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve -month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency 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 Chance An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 10. Air or Water Pollution Violation (WC 13301) Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air 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 Falr & 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 or 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 nolse 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 d6. The house is approximately 2,000 feet from the Grandstand Arena. The Injunction applies to all sound emanating from the OC Fair, DURING Falrtime, For al 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 o.m. curfew In effect unless an extension of curfew is approved in writing by the CEO or C00 of the 32 "a District Agricultural Association (District) prior to the event. GENERAL SOUND LEVEL GUIDELINE% 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 55 dB in ALL areas where houses are located. 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 whore a home is located 2) No more than 70 dB behind stages. 3) No more than 92 dB at FOH. 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 65 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. RULES AND REGULATIONS GOVERNING RENTAL SPACE 1. No Renter will be allowed to open until all the preliminary requirements herein act 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 emoted under the tern 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. Renter 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). 5• Renter must Enough receipts for license fees, tax deposits, insurance, etc., prior to event. 6• Renter will conduct the privileges granted in the Rental Agreement according to all the rules and mgnire meats of Use 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 so 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 Renter shall not include the Cmnival and the Carnival Area. 7. Renter will cause to be posted in a conspicuous manner at the front enhance to the concession, a sign showing the prices to be charged far all articles offered for sale to the public and= 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 Renter must, at his own expense, keep the concession space and adjacent areas properly arranged and clean. All concessions must be clean, at 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 Rotor's trash, and such trash must not be swept into the aisles or sheets or any public space. 9. All sound- producing devices used by Renter within or outside his space most 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 equipmentmay be installed within or outside any space only by first obtaining written permission thereof firms 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 prornitun, 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. Rector is entirely responsible for the space allotted to Renter and agrees to reimburse Association for any damage to the real property, equipment, or grounds use in connection with the space allotted to Renton, reasonable wear and tam and damage from cause beyond Renter's control excepted. 12. Association may provide watchman service, which will provide for reasonable protection of the property of Rectors, but Association shall not be responsible for loss or damage to the property of Rater. 13. Each and every article of the space and all boxes, crates, packing material, mid debris of whatsoever ounce used in connection with the space and awned by Rater must be removed from the buildings and grounds by Rents•, at big own expense, no later than a date specified by Association, It is understood in the event of Rector's failure to vacate said premises herein provided, unless permission in writing is fast obtained. Association may and is hereby authorized and made the agent of Renter to remove and store the concession and all other material of any nature whatsoever, at the Renter's risk and expense, and Renter shall reimburse Association for expenses thus incurred. 14. No Renter will be permitted to sell or dispose of anywhere on the Fairgrounds alcoholic beverages as defined in the Alcoholic Bovenge Control Act, except in the concession space. Even such limited sates we not to be made unless Ranier is authorized in writing by Association, and unless he holds a law" license authorizing such sales on said premises. 15. All safety orders of the Division of tndustriat Safety, Department of industrial Relations, most be strictly observed. 16. Failure of Association to hisist in any one or mom instances upon the observance and /or performance of any of these rates and regulations shall not constitute a waiver of any subsequent breach of any such rates mil regulations, . 17. This rental agreement shall be subject to termination by either petty at any time during the torn 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 terns of this agreement. I B. "Contractor, by signing this contract, does swear under penalty that no more than one final unappealable fading of contempt of court by a Federal Occur 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 to dommisds that Us rental may create a possessory interest subject to property taxation mid that the Renter may be subject to the payment or property taxes levied on such interest, 20. The Association shall have the privilege of inspecting the promises covered by this agreement at any time or all times. 21. The parties bereto since 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, smccessom, 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. By state law and in the interest of public health, smoking shall not be permitted in or within 20 feet of any State of California building, including the Santa Ana Pavilion area, OC Promenade area, Centennial Farm, Kidland carnival area, the Livestock area, Pacific Amphitheatre seating area, and Arena grandstand and bleacher seating areas. This policy includes the use of electronic cigarettes, vaporizers and oll/wax pens. Mitre - Ramirez, Norma From: Wharton, Matthew Sent: Monday, October 19, 2015 11:50 AM To: Mitre - Ramirez, Norma Subject: RE: THIRTY - SECOND DISTRICT AGRICULTURAL ASSOCIATION Hi Norma -it should not exceed $1000.00 this year From: Mitre - Ramirez, Norma Sent: Monday, October 19, 2015 10:07 AM To: Wharton, Matthew Subject: THIRTY- SECOND DISTRICT AGRICULTURAL ASSOCIATION Importance: High Hello Matt, Per my voicemail, what is the approximate not to exceed amount for this agreement? Last year you had indicated it was $500 at a $60 /day. Thanks, Norma Mitre Sr. Deputy Clerk of the Council City of Santa Ana I Clerk of the Council Office 714- 647 -5237 I nmitre EDsanta- ana.org 1