Contract - OC Fair - 2007-05-15 9
FORM F-31 O AGREEMENT NO R-136-07
REVIE P -( DATE. May 15,2007
FAIRTIME.
APPROVED n / INTERIM: xx
�1t 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 June 1,2007 through May 31,2008
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 32"d District Agricultural Association
628 W 196 Street 88 Fair Drive
Costa Mesa CA 92627 2 ii 188 Costa Mesa,CA 9262.
/`�: 1/ /�
By ArtMf-:R. Perm_ PrLsi I
Title i;7?..=t P: .,'__u�yy-- Title Becky B`'ey-Findley,CEO
Robert Ooten,S cset�
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RULES AND REGULATIONS GOVERNING RENTAL SPACE
I. 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; vill 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 surtounding said concessions free from all rubbish 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 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 vhatsoever to be charged by the Rentor in said space(s).
Rentor must furnish receipts for license fees,tax deposits,insurance,etc. prior to event.
6. Rentor 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 mfringement upon the rights and privileges of others; vill 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 own expen 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 receive Renter's trash,and such trash must not be swept into
the aisles or streets or any public space
9. MI 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
nconvenience 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 obtar ing 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 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 used
in connection with the space allotted to Rentor,reasonable wear and tear and damage from caused beyond Renter's control excepted.
12. Association may provide watchman service which will provide for reasonable protection of the property of Renters,but Association shall not be responsible for
loss or damage to the property of Renter
13. Each and every article of the space and all boxes, crates, packing material, and debris of whatsoever nature used in connection ith 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
Renter's failure to vacate said premises s herein provided,unless permission in writing is first obtained.Association may and is hereby authorized and made the agent
of Rentor to remove and store the concession and all other material of any nature whatsoever,at the Renter's risk and expense,and Rentor shall reimburse Association
for expenses thus incurred
14. No Rentor vill 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 lin iced 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 Assoc at er to st in any one or more instances upon the observance and/or performance of any of these rules and regulations shall not constitute a
vaiver of any subsequent breach of any such rules and regulations.
17 Thi ntal agreement shall be subject to termination by either party at any time during the term hereof by giving the other party notice in writing at least 30 days
prior to the date vhen such termination shall hecome effective.Such termination shall relieve the Association of any further performance of the terms of this agreement.
18 `Contractor,by signing this contract,does swear under penalty that no more than one final unappealable finding of contempt of court by a Federal court has been
issued gamut that contractor ithi the immediately preceding two-year period because of the Contractor's failure to comply vith an order of the National Labor
Relation Board(Government Code Section 14780.5)(SAM Sec 12127).
19 Rentor recognizes and understands that this rental ray create a possessory interest subject to property taxation and that 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 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 bi[ding upon and inure to the
benefit of the heirs,executors,administrators,successors,and assigns of the respective parties hereto.
C f i
Memo for Fair Management:Hazardohs"A$eeryent.s- f thiggagreement gr'ovides for a hazardous activity,the current Form'E-13,Statement Regarding nsurance,must
be attached to each copy and incorporated by ref 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.
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:
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,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;$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,
Fan-time 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.
5.0 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 Ju 1,2006
LUnsuranc Regt ements.doc 1
AGREEMENT R-136-07
DATE. May 15,2007
WITH. COSTA MESA SANITARY
DISTRICT
PHONE. (949)645-8400,x222
EXHIBIT "A"
TEMPORARY SPACE FOR COSTA MESA SANITARTY DISTRICT
DURATION OF STORAGE. June 1,2007 through May 31,2008
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
(I) Contractor Vactor double rear axle 14 x 45'
(1) GR190 Generac generator(trailer) 10' x 22'
(I) 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
(I) 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
DAA.
• 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.
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 fmal 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 8103-81201
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 11010.5)
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
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 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' 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: (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 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 Conies 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; arid Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact
California Fair Services Authority at(916)921-2213 for further information.
Re sed June 1,2006
C\In ranc Requ ements do 2
EXHIBIT `E'
Sound Level Standards
Events held at the Orange County Fairgrounds must comply with sound standards as outlined in the 1980
Settlement Agreement between the Fair the City of Costa Mesa's permanent injunction. A summary of
the sound standards is as follows:
Sound Level Standards
Sound Level Time Period Dav 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— 11:00pm Fri.— Sat.
50 dB(A) 11:00pm—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(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.
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 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