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Contract - OC Fair - 2008-06-17 FORM F 31 RECEIVED AGREEMENT NO R-157-08 REVIEWED OA) DATE. June 17 2008 •07 JUN 2 3 1008 FAIRTIME. APPROV ,. //_ , COSTA MESA SANITARY DISTRICT 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 July 1,2008 through June 30,2009 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: Northeast corner of Lot G or other assigned area as determined by the Association 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 Renton 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 Associa on 628 W 19th Street 88 Fair Drive Costa Mesa CA 92p27 718 Costa Mesa,CA '..626 By B. Title Robin B. Hamers, Manager/District Engineer Title Mark Entner Director of Event Sales& Services RULES AND REGULATIONS GOVERNING RENTAL SPACE L No Rentor 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 rthm and surrounding said concessions free from all 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 not restricted to specific Items vill submit menus and prices to Association for approval at least twelve(12)hours in advance of each day s operation. 4 Rentor will furnish Association with a list of all sales prices and other charges of any kind whatsoever to be charged to the Rentor in said space(s). 5 Rentor must furnish receipts for license fees,tax deposits,insurance,etc prior to event 6 Rentor will conduct the pr ileges 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 vhatsoever for which an exclusive pr ih.ge is sold by Association, ror engage in any other business whatsoever upon or whin said premises or fairgrounds,except that which is herein expressly stipulated and contracted for;will confine said transactions to the space and privilegL provided in the Rental Agreement,and that an', 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 pn es to be charged foi 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 servmo 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 hou before the Fair is open to the public. Receptacles will be provided at several locations to receive Rentor s trash,and such trash must not be swept into the aisles or streets or any public space 9 All sc md-producing devices used by Rentor 'thin or outside his space must be of such a nature and must be so operated as not to cause annoyance or mconvemenc 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 of his space in which money is used as a prize or premium,and that he will not buy and/or permit 'buy backs"for cash,any prizes or premiums given away to patrons in connection ith 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 la) enforcement officials I t 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 used in connection with the space allotted to Rentor,reasonable wear and tear and damage from caused beyond Rentor's control excepted 12 Association may provide watchman service vhich ill pros de 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 vhatsoever nature used in connection with the space and owned by Rentor must be removed from the buildings and grounds by Rentor,at his own expense,no later than a date specified by Association It is understood in the event of Rentor 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 Rentor to remove and store the -oncess'on 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 vriting by Association and unless he holds a lawful license authorizing such sales on said premises 15. All safety orders of the Division of Industrial Safety,Department of Industrial Relations,must be strictly observed 16. Failure of Association to Insist in any one or more instances upon the observance and/or performance of any of these rules and regulations shall not constitute a waiver of any subsequent breach of any such rules and regulations. 17 Thi ntal agreement shall be subject to terminator by either party at any time dur the term hereof by giving the other party notice in writing at least 30 days prior to the date when such ter ation shall become effective.Such terminator shall relieve the Association of any further performance of the terms of this agreement 18. `Contractor,by signin th contract,does swea under penalty that no mor than one final unappealable finding of contempt of court by a Federal court has bee' Issued against that contractor alum the Immediately preceding two-year period because of the'Contractor s failure to comply ith an order of the National Labor Relations Board(Government Code Section 14780 5)(SAM Sec. 12127) 19 Rentor recognizes and understands that this rental may create a possessory interest subject to property taxation and th it the Rentor may be subject to the payment or property taxes levied on such interest. 20. The Association shall have the privilege of inspecting the premises covered by this agreement at any time or all times 21 The parties hereto agree that Rentor and any agents and employees of Rentor,in the performan of this agreement,shall act in an independent capacity and not as offi ers 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 bind' 'pon and inure to the benefit of the heirs,executors,admmistrators7successors,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 I 7A or Form 17b for agreements over$5,000 must be attached to each copy and incorporated by reference in Paragraph 12 of page one AGREEMENT R-157-08 DATE. June 17 2008 WITH: COSTA MESA SANITARY DISTRICT PHONE: (949)645-8400,x222 EXHIBIT A TEMPORARY SPACE FOR COSTA MESA SANITARTY DISTRICT DURATION OF STORAGE. July 1 2008 through June 30,2009 OCFEC TO PROVIDE. • CMSD vehicle storage in support of their operations to assist with emergency sanitary sewer overflows and other emergency conditions. • 3,135 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) GRI90 Generac generator(trailer) 10' x 22' (1) GR85 Generac generator(trailer) 10' x 19' (2) Barnes portable pump (trailer) —2 x (9' x 18') (1) Q1200 SPP Pump Trailer Mounted— 10' x 18' (1) 4000 gallon Ford Water Truck— 14 x 35' (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 OCFEC. • 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. California Fair Services Authority EXHIBIT "B" INSURANCE REQUIREMENTS I. Evidence of Coverage The contractor/renter shall provide a signed original evidence of coverage form for the term of the 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' 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, Lessor/Sublessor if fair site is leased/subleased, 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 per occurrence for Fairtime Carnival Rides, $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing;$,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 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. In addition to the foregoing,Contractor shall provide a certified copy of an additional insured endorsement to the District, Forms ISO CG 2005, 2010, 2012, 2024, showing the State of California, the 32nd District Agricultural Association, the Orange County Fair and Exposition Center, and their agents, directors. officers, servants, and employees are made additional insureds on Contractor s general liability insurance policy and automobile liability policy c. Workers Compensation Workers Compensation coverage shall be maintained covering contractor/renter's employees,as required by law d. Medical Malpractice Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services. e. Liquor Liability Liquor Liability coverage with limits of not less than$1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages. 4. Cancellation Notice: 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. Revised June 1,2006 I\Insurance Requirements doe 6. Insurance Company The company providing insurance coverage must be acceptable to the California Department of Insurance. 7 Insured:The contractor/renter must be specifically listed as the Insured. OR B. CFSA Special Events Program The contractorrenter 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). 11. General Provisions 1 Maintenance of Coverage The contractor/renter agrees that the commercial general liability (and automobile liability workers' compensation, medical malpractice and/or liquor liability if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract,contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/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 contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and(3)obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract. 2. Primary Coverage The contractor/renter's insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary 3. Contractor's Responsibility Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter's operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter's indemnity obligations. 4. Certified Copies of Policies Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder,with said copy certified by the underwriter to be a true and correct copy of the original policy Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter,to California Fair Services Authority(CFSA). III. Participant Waivers For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at(916)921 2213 for further information. Re sed Ju 1,2006 I\Insurance Requirements doc State of California EXHIBIT"C" Division of Fairs & Expositions STANDARD CONTRACT TERMS AND CONDITIONS (F-31, RENTAL AGREEMENT) 1 National Labor Relations Board (PCC Section 10296) Contractor,by signing this contract, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against contractor within the immediately preceding two-year period because of the contractor's failure to comply with an order of a Federal Court which orders the contractor to comply with an order of National Labor Relations Board(Public Contract Code Section 10296). 2. Resolution of Contract Disputes(PCC 10240.5, 10381) If, during the performance of this agreement, a dispute arises between contractor and Fair Management, which cannot be settled by discussion,the contractor shall submit a written statement regarding the dispute to Fair Management. A decision by Fair Management shall be made to the Contractor in writing, and shall be final and conclusive. Contractor shall continue to perform contract requirements without interruption during the dispute period. 3. Non-Discrimination Clause/Statement of Compliance(GC 12990/CCR 8103-8120) During the performance of this contract,contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race,color, ancestry religious creed,national origin,physical disability(including HIV and AIDS), mental disability medical condition(cancer), age(over 40), marital status. and denial of family care leave.Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractors and subcontractors shall comply with the provision of the Fair 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 11010.5) 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 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 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 I2-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: (I) 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' Sound Level Standards Events held at the Orange County Fair& Event Center must comply with sound standards as outlined in the 1980 Settlement Agreement between the Fair the City of Costa Mesa and Judge Beacom s permanent injunction. A summary of the sound standards is as follows: Sound Level Standards Sound Level Time Period Day of Week 55 dB(A) 7.00am— 10.30pm Sun.—Thurs. 50 dB(A) 10:30pm—7.00am Sun.—Thurs. 55 dB(A) 7:00am— 1 1.00pm Fri. —Sat. 50 dB(A) 1 1-00pm—7.00am 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(I) 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.