Contract - OC Fair - 2006-08-16 FORM F 31 T _ AGREEMENT NO R-138-06
REVIEWED DATE. August 16,2006
FAIRTIME.
APPROVED \ INTERIM. xx
RENTAL AGREEMENT
THIS AGREEMENT by and between the 32nd District Agricultural Association hereinafter called the Association,and
COSTA MESA SANITARY DISTRICT hereinafter called the Rentor
WITNESSETH.
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:
Starting September 1, 2006 through May 31,2007
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:
Northeast corner of Lot G
3 The purpose of occupancy shall be limited to,and shall be for no other purpose or purposes whatsoever:
STORAGE OF VEHICLES & EQUIPMENT
4. Rentor agrees to pay to Association for the rights and privileges hereby granted,the amounts and in the manner set forth below
In-kind trade
Please see Exhibits A `B' `C' and `E' which are incorporated and made part of the Rental Agreement
5 Association shall have the right to audit and monitor any and all sales as well as access to the premises.
6. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants
and employees from any and all claims,causes of action and suits accruing or resulting from any damages, injury or loss to any person
or persons, including all persons to whom the Rentor may be liable under any Workers' Compensation law and Rentor himself and
from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property goods, wares or
merchandise,caused by arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
7 Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits
issued to Rentor or his employees hereunder
8. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned
or otherwise disposed of without the written consent of Association.
9 It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in
writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or
variations of the terms hereof,unless made in writing and signed by the parties hereto,shall be binding upon any of the parties hereto.
10. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated
herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply
unless amended by mutual consent in writing of the parties hereto.
11. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to
herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the
right to occupy the space in any manner deemed for the best interest of Association.
12. Special Provisions: The Event Sales & Services Policies & Procedures handbook does hereby become a part of this
Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they
have read the Event Services Policies&Procedures handbook and agrees to abide by said Policies&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 duplicate, by and on behalf of the parties hereto, the day and year
first above written.
Costa Mesa Sanitary District 32nd District Agricultural Association
628 W 19th Street 88 Fair Drive
Costa Mesa C 92627-2718 Costa Mesa,CA 92626/
By t\ BY .I•'il (/f/a.�
Title Robin B. Hamers,Manager/District Engineer Title Becky B l: -Findley 4
COSTA MESA SANITARY DISTRICT
APPROVED:
"resident
Secretary
AGREEMENT R-138-06
DATE. August 16,2006
WITH. COSTA MESA SANITARY
DISTRICT
PHONE. (949) 645-8400
EXHIBIT A
TEMPORARY SPACE FOR COSTA MESA SANITARTI DISTRICT
DURATION OF STORAGE September 1, 2006 through May 31, 2007
OCFEC TO PROVIDE.
• CMSD vehicle storage in support of their operations to assist with emergency sanitary sewer
overflows and other emergency conditions.
• 2,125 square feet to be used for parking of CMSD vehicles. The following is what will be
stored in this area.
(1) Single axle Vactor 2100 14 x 34
(1) Contractor Vactor double rear axle 14 x 45
(1) GR190 Generac generator (trailer) 10' x 22
(1) GR85 Generac generator (trailer) 10' x 19'
(1) Barnes portable pump (trailer) 9' x 18'
(1) Dodge 3500 service truck 13 x 24
(1) Chevrolet 3500 service truck 13 x 24
• Storage location to be in the northeast corner of Lot G or other areas as determined by the 32nd
DNA.
• 24 hour/7 day a week access to CMSD vehicles.
CMSD TO PROVIDE.
CMSD vehicle storage in support of their operations to assist with emergency sanitary sewer overflows
and other emergency conditions.
• Liability/vehicle insurance in accordance with OCFEC policy
• Sewer line cleaning services as needed during the term of this agreement.
I
California Fair Services Authority Exhibit `B'
INSURANCE REQUIREMENTS
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage for the term of the agreement protecting the legal
liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are
located,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 w,th 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,Citrus Fruit Fair or California Exposition
and State Fair their directors,officers,agents,servants,and employees are made additional insured,but
only insofar as the operations under this contract are concerned.
2. Dates: The dates of inception and expiration of the insurance.For individual events,the specific event dates
must be listed,along with all set-up and tear down dates.
3. Coverages:
a. General Liability Commercial General Liability coverage,on an occurrence basis,at least as broad as the
current Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000
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 combined 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 Stock events; $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 contracts for which liability insurance(and liquor liability if applicable)is required.
b. Automobile Liability Commercial Automobile Liability coverage,on a per accident basis,at least as broad
as the current ISO policy form#CA 0001, Symbol#1 (Any Auto)with limits of not less than $1,000,000
combined single limits per accident for contracts involving use of contractor vehicles(autos.trucks or other
licensed vehicles)on fairgrounds.
c.Workers'Compensation—Workers Compensation coverage shall be maintained whenever contractor/renter
has employees,as required by law
d. Medical Malpractice Medical Malpractice coverage with limits of not less than$1,000,000 per occurrence
shall be maintained for contracts involving medical services.
e. Liquor Liability Liquor Liability coverage with limits of not less than$1,000,000 per occurrence shall be
maintained for contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: 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 Company. The company providing insurance coverage must be acceptable to the Califomia
Department of Insurance.
OR
Kevised io/i/o3 1
B. CFSA Special Events Program The contractor/renter obtains liability protection through the California Fair
Services Authority(CFSA)Special Events Program,when applicable.
OR
C. Master Certificates A current master certificate of insurance for the contractor/renter has been approved by and is
on file with California Fair Services Authority(CFSA).
OR
D Self-Insurance The contractor/renter is self-insured and acceptable evidence of self-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=compensat ion,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 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 to
keep in effect at all times insurance coverage as herein provided, the fair may in addition to any other remedies it
may have,take any of the following actions. (1) declare a material breach by contractor/renter and terminate this
contract;(2)withhold all payments due to contractor/renter until notice is received that such 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 contractodrenter=s insurance coverage shall be primary and any separate coverage or
protection available to the fair or any other additional insured shall be secondary
3. Contractor=s Responsibility Nothing herein shall be construed as limiting in any way the extent to which
contractor/renter may be held responsible for damages resulting from contractor/renter=s operations,acts,omissions
or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve
contractor/renter of liability in excess of such minimum coverage,nor shall it preclude the fair from taking other
actions available to it under contract documents or by law including, but not limited to, actions pursuant to
contractor/renter=s indemnity obligations.
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
III. Participant 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
contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories:
Athletic Team Events:Equestrian-related Events,Motorized Events;Rodeo Events,and Wheeled Events,including bicycle,
skates,skateboard, or scooter Contact California Fair Services Authority at(916)921 2213 for further information.
Revised ro/r/og 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
finding of contempt of court by a Federal Court has been issued against contractor within the immediately preceding
two-year period because of the contractors 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 12990/CCR 8103-81201
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), 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 11010.51
Contract modification, when allowable, may be made by formal amendment only
5 Assignment
This Agreement is not assignable by the Contractor either in whole or in part, without the consent of the State in the
form of a formal written amendment.
6. Termination
The fair reserves the right to terminate any contract, at any time, upon order of the Board of Directors by giving the
contractor notice in writing at least 30 days prior to the date when such termination shall become effective. Such
termination shall relieve the fair of any further payments, obligations, and/or performances required in the terms of
the contract.
7 Governing Law
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
SCTC, F031 (revised 10/01) Page 1
8. Conflict of Interest (PCC 10410, 10411, 104201
Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor
has any questions on the status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State 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 Change
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal
documentation of the name change the State will process the amendment. Payment of invoices presented with a
new name cannot be paid prior to approval of said amendment.
10. Air or Water Pollution Violation (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
,r
t