HomeMy WebLinkAboutC-9556-1 - Rental Agreement (for PD Training)FORM F-31
REVIEWED C.G. 1/10/24
JH 1/10/24
APPROVED AA
RENTAL AGREEMENT
AGREEMENT NO, R-030-24
DATE January 10, 2024
FAIRTIME
INTERIM XX
THIS RENTAL AGREEMENT hereinafter, called the Agreement by and between the 32" District
Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and City of
Newport Beach, a California municipal corporation and charter city hereinafter, called the Renter.
Association and Renter may be collectively referred to as the Parties.
WITNESSETH: •.
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- December 31, 2024
2. NOW, THEREFORE, Association hereby grants to the Renter the right to occupy the space(s) described
below for the purpose hereinafter set forth, subject to the terms and conditions of this Agreement:
See Exhibit A
3. Renter shall guarantee the payment of any damage to Association property, removal of all property and the
leaving of the Premises in the same condition in which Renter took possession.
4. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Newport Beach Police Department Officer Training
5. Renter agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner
set forth below:
$150.00 per day
6. The Association may retain from the deposit any amount necessary to remedy Renter defaults in the payment
of rent, repair of damage to the Premises caused by Renter, or to clean the Premises upon Renter move -out if
not left in the same condition in which Renter took possession. The deposit amount or balance, if any, and an
itemized list of any deductions shall be returned to Renter no later than thirty (30) days.
7. Renter shall abide by the additional terms and conditions indicated in the following Exhibits "A" "B" "C"
"E" "F" and "V" attached to this Agreement and incorporated by these references.
8. Renter acknowledges that the Association's Fairgrounds may be required at any time, with limited advance
notice, for the purpose of responding to an emergency declared by local, state, and/or federal government.
Association shall not be liable for any interference of Renter's use or possession of the Premises or loss to or
expenses incurred by the Renter or its subcontractors or patrons that may result from such emergency use of
the Premises.
9. If as a result of any Act of God, war, epidemic, accident, fire, violent weather or weather related disaster,
strike, lock -out, or other labor controversy, riot, civil disturbance, act of Public enemy, law enactment, rule,
restraint, order, or act of any governmental instrumentality or military authority, failure of technical facilities,
failure, delay or reduction in transportation services, fire, explosion, or other cause not reasonably within
either Party's control and which renders either party's performance impossible, infeasible, or unsafe ("Force
Majeure Event"), then either party may cancel this agreement and neither parry shall have any further
liabilities and/or obligations in connection with this agreement.
10. Association shall have the right to audit and monitor any and all sales as well as access to the Premises.
11. Renter shall defend, 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 Renter may be liable
under any Workers' Compensation law and Renter himself/herself 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 Renter of the privileges herein granted.
12. Renter further agrees to not sell, exchange or barter, or permit his employees to sell, exchange or barter, any
licenses or permits issued to Renter or its employees.
13. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof,
cannot be assigned or otherwise transferred without the written consent of Association. Subleasing of the
Premises is prohibited.
14. 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 tenns hereof, unless made in writing and signed by
the Parties hereto, shall be binding upon any of the Parties hereto.
15. The Rules and Regulations printed on the next page are made a part of this Agreement as though fully
incorporated herein, and Renter 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.
16. In the event Renter fails to comply in any respect with the terms of this Agreement and its Exhibits referred
to herein, all payments under this Agreement shall be deemed earned and non-refundable by Association, and
Association shall have the right to occupy the Premises in any manner deemed for the best interest of
Association.
17. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby
become a part of this Agreement by reference and is on file with the Association. By signing the
Agreement, Renter acknowledges that they have read the Event Sales & Services Policies & Procedures
Handbook and agrees to abide by said Policies and Procedures.
18. This Agreement is not binding upon Association until it has been signed by its authorized representative.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures on the date shown below. The
signatories represent and warrant that they were duly authorized by their respective governing bodies to execute
this Agreement and the Parties hereby agree to all the terms and conditions set forth in this Agreement.
City of Newport Beach, a California municipal
corporation and charter city
870 Santa Barbara Drive
Newport Beach, CA 9266
By: Hof Dater
Titl ose r a hvright, Police Chief
32nd District Agricultural Association
88 Fair Drive
Costa Mesa, CA 92626
By:
Ti
Attest:
APPnOVEts AS TO r0RPA
CIT1f TC RNE. QFFicr
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RULES AND REGULATIONS GOVERNING RENTAL SPACE
1. No Renter will be allowed to open until all the preliminary requirements herein set forth have been
complied with.
2. Renter 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 Premises plot for such
purpose, and will keep the area within and surrounding Premises free from all rubbish and debris.
3. All buildings, temporary tents, or enclosures erected by Renter shall have the prior written approval of
Association and the local fire suppression authorities. Renter shall not affix any fixtures to the Premises without
the written preapproval of the Association and if the removal of the fixture may be affected without injury to the
Premises. Upon request, Renter will furnish Association with a list of all sales prices and other charges of any
kind whatsoever to be charged by the Renter. If Renter is a food serving concession and not restricted to specific
items, Renter shall submit menus and prices to Association for approval at least twelve (12) hours in advance of
each day's operation. Upon request, Renter must furnish to Association receipts for license fees, tax deposits,
insurance, etc., prior to event.
4. Renter will conduct the privileges granted in this Agreement according to all the rules and requirements
of applicable state and local health authorities, and without infringement upon the rights and privileges of others;
will not handle or sell any commodities or transact any business whatsoever for which an exclusive privilege is
sold by Association, nor engage in any other business whatsoever upon or within said Premises or Fairgrounds,
except that which is herein expressly stipulated and contracted for; will confine said transactions to the Premises
and privilege provided in the Agreement, and that any and all exclusives granted Renter shall not include the
Carnival and the Carnival Area.
5. Renter will post 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 Agreement; the size of said sign, manner and
place of posting to be pre -approved by Association.
6. Association will furnish necessary janitor service for all aisles, streets, roads and areas used by the public,
but Renter must, at his/her own expense, keep the Premises and adjacent areas properly arranged and clean. All
concessions must be clean, all coverings removed, and the concession ready for business each day at least one
hour before the Fair is open to the public. Receptacles will be provided at several locations to received Renter's
trash, and such trash must not be swept into the aisles or streets or any public areas.
7. All sound -producing devices used by Renter within the Premises must be of such a nature and must be so
operated, as not to cause annoyance or inconvenience to patrons or to other Concessionaires or Exhibitors. 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 only by first obtaining written permission thereof from
Association.
8. Renter agrees that there will be no games, gambling or any other activities in which money is used as a
prize or premium, and that Renter shall not buy and/or permit "buy backs" for caste, any prizes or premiums given
away to patrons. 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.
9. Renter is entirely responsible for the Premises and agrees to reimburse Association for any damage to the
real property, equipment, or grounds use in connection with the Premises, reasonable wear and tear expected..
Renter agrees to inspect the conditions of the Premises and of all property it will use on the Premises, including
but not limited to equipment, furniture or other personal property owned by Association, and to be entirely
responsible for the use of the Premises and such property.
10. 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.
11. Each and every article and all boxes, crates, packing material, and debris of whatsoever nature must be
removed from the Premises by Renter, at Renter's own expense, upon expiration or early termination of this
Agreement. It is understood that in the event of Renter's failure to vacate said Premises herein provided, unless
permission in writing is first obtained, Association may and is hereby authorized and made the agent of Renter to
remove all remaining material of any nature whatsoever, at the Renter's risk and expense, and Renter shall
reimburse Association for expenses thus incurred.
12. No Renter will be permitted to sell or dispose of anywhere on the Premises alcoholic beverages as defined
in the Alcoholic Beverage Control Act, unless Association authorizes Renter in writing and unless Renter holds
a lawful license authorizing such sales on the Premises.
13. All safety orders of the Division of Industrial Safety, Department of Industrial Relations, must be strictly
observed.
14. Failure of Association to insist in any one or more instances upon the observance and/or performance of
any of these terms and conditions of this Agreement shall not constitute a waiver of any subsequent breach of any
such rules and regulations.
15. This Agreement shall be subject to termination by either party at any time prior to or during the term
hereof by giving the other party notice in writing at least 30 days prior to the date when such termination shall
become effective. Such termination shall relieve the Association of any fiuther performance of the temis of this
Agreement.
16. "Contractor, by signing this contract, does swear under penalty that no more than one final unappealable
finding of contempt of court by a Federal court has been issued against that contractor within the immediately
preceding two-year period because of the Contractor's failure to comply with an order of the National Labor
Relations Board (Government Code Section 14780,5) (SAM Sec. 12127)."
17. Renter recognizes and understands that this Agreement may create a possessory interest subject to property
taxation and that the Renter may be subject to the payment or property taxes levied on such interest.
18. The Association shall have the privilege of inspecting the Premises covered by this Agreement at any time
or all times. Association shall have the right to retain a key to the Premises and may enter with at least 24-hour
written notice to Renter.
19. The Parties hereto agree that Renter, and any agents and employees of Renter, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or agents of Association.
20. 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,
successors, and assigns of the respective parties hereto.
Memo for Fair Management: Hazardous Agreements. If this Agreement provides for a hazardous activity,
the current Form FE-13, Statement Regarding Insurance, must be attached to each copy and incorporated
by reference in Paragraph II of page two.
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 oil/wax pens.
EXHIBIT "A"
Event Name: Newport Beach Police Department Officer Training Contract No: R-030-24
Contact Person: Bryan Gregson, Sergeant Phone: (949) 644-3744
Event Dates: 01/01/2024 - 12/31/2024 Hours: 7:00 AM - 4:00 PM
Projected Attendance: 15
LOCATION(S):
AvailablePs dng Lot..............................................................................................................................................s150.00 Per 17ay
RENTER AGREES:
• That this agreement covers all officer training sessions to take place in parking lots at the OC Fair & Event Center during the
2024 calendar year.
• To contact the Event Sales & Services Department at (714) 708-1572 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 scheduling a training session. This avoids any miscommunication between Renter's attendees and the OC Fair
& Event Center.
• To provide proof of insurance upon signing this agreement.
• 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/training session.
• 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 participants, 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
Hall and City services. Such sound violations can be cause for termination of your event/training session and removal from
the premises.
• That damage occurring in the parking lot 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 no more than 40 MPH.
• That parking lot usage will be conducted in a safe manner, with consideration of other activities taking place at the OC Fair
& 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/training session.
ADDITIONAL EQUIPMENT, PERSONNEL AND/OR SERVICES
It is mutually understood that any additions to this agreement shall be achieved through either a signed amendment or service
order. The OCFEC will make every effort to contain the need to add services and equipment placement. It is agreed, however,
that safety and security additions deemed necessary, as determined by OCFEC management for purpose of protecting all persons
on OCFEC property, are not negotiable and will not be compromised.
CANNABIS EVENTS
OC Fair & Event Center (OCFEC) does not currently book any cannabis -related events. This policy also extends to existing
events at OCFEC. OCFEC does not permit vendors, booths, exhibits, displays, signage, etc from cannabis dispensaries or third -
parties that sell cannabis -related products as part of any event. Event sponsors, vendors and/or exhibitors may not distribute, sell
or promote cannabis products or drug paraphernalia during any event at OCFEC.
EVENT PROGRAM POLICIES AND PROCEDURES
As specified on page 1 of this Rental Agreement, the Event Sales & Services Policies & Procedures Handbook is a part of this
Agreement, and Renter agrees to abide by said Policies and Procedures. The handbook is located on the OC Fair & Event Center
website, and can also be accessed at httt)s:Hoefair.com/wp-content/uploads/2018/10/PoticiesProceduresBooklet2Ol8v2.pdf
ENMIT V
See Exhibit V for OCFEC COVID-19 Infection Mitigation Protocol and Procedure Guidelines.
OAK VIEW GROUP dba OVG HOSPITALITY
All food and beverage service must be discussed with and approved by OVG Hospitality, the OCFEC Master Concessionaire.
RECYCLING / SB 1383
SB 1383 is a California statute commonly known as the Short -Lived CIimate Pollutants: Organic Waste Reductions Law. The
statute requires food generator entities including, but not limited to, large venues, large events, county fairgrounds and state
agencies to recycle then- organic waste including, but not limited to, food and green material waste, paper products, biosolids and
digestate and in some cases, to donate edible food. SB 1383 recovery requirements include a 75% reduction in landfilled organic
waste and a 20% increase in recovery of currently disposed edible food by 2025. The OC Fair & Event Center is already actively
engaged and fully committed to meeting SB 1383 guidelines by way of in-house recycling initiatives and measures, but is also
critically dependent upon compliance of all year round show promoters/producers while on property during their event. It is of
utmost importance that all operators adhere to direction provided by OCFEC staff.
SOUND ORDINANCE
Per City Ordinance, loud noise is not allowed during move in and move out between the hours of 9:00 PM to 8:00 AM. Please
refer to Exhibit E. Sound Monitor/Engineer must be on site for sound check and all music performances. All outside (on
grounds) amplified music/sound must end by 10:00 PM on Friday and Saturday, and by 9:00 PM Sunday through
Thursday unless otherwise approved in writing by OCFEC. Bull horns or similar devices are not allowed. Vendors are
prohibited from playing any sound systems (radios, public address systems, portable speakers, etc) that create amplified sound.
Any proposed outdoor music/sound producing entertainment (i.e. - DJ, stage performance, etc) must be discussed with and
approved by OCFEC Sound Engineer prior to the event. Installation of suitable barriers is also required by OCFEC as a
sound mitigation measure (see above sound mitigation terms). Should the Sound Engineer/Sound Monitor or Event
Coordinator request that the volume of music, sound or noise be lowered or turned off, City of Newport Beach, a
California municipal corporation and charter city must comply with request,
STATE FIRE MARSHAL
Event footprint capacity will be determined by State Fire Marshal. City of Newport Beach, a California municipal corporation
and charter city must comply with all California State Fire Codes. State Fire Marshal may require changes to event layout. If so,
City of Newport Beach, a California municipal corporation and charter city must execute changes within the specified time frame.
California Fair Services Authority
EXHIBIT B
INSURANCE REQUIREMENTS
(revised effective January 1, 2023)
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, the California Fair Services Authority, 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:
i. List as the Additional Insured: "That the State of California, the California Fair
Services Authority, 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.
3. Caycra eg_s
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 00
01. Limits shall not be less than for the limits in the CFSA
Hazardous/Nonhazardous Activities List which includes, but is not limited to, the
following: $5,000,000 per occurrence for Carnival Rides and for Freefall
Attractions (elevated jumps involving airbags); $5,000,000 per
occurrence for the following types of Motorized Events: Automobile races,
drifting exhibitions, burnout contests/competitions, truck rodeos, tractor/truck
pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car
crunches, monster truck shows, automobile thrill shows, figuue 8 racing, stock car
racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410
sprints, modified, super stock, mini -stock, dwarf cars, micro lights, endure, pro
stock. $3,000,000 per occurrence for the following types of Motorized Events:
motorcycle racing, flat track motorcycle racing, arena -cross, freestyle motocross,
motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile
races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower
races. $3,000,000 per occurrence for Rodeo Events all types with a paid gate and
any Rough Stock Events such as Bull Riding, Bareback, Saddle Bronc, or Mutton
Page 2
Busting; $2,000,000 per occurrence for the following: Concerts: 2,000 and more
attendees; Extreme Attractions*: All Types, including but not limited to bungee
attractions, ejection seats, sky scrapers, Trampoline Things/quad jumpers, zip line
or similar attractions requiring a Cal/OSHA permit to operate; Fair time Kiddie
Carnival Rides: Up to 6 kiddie rides (includes book -in rides); Interim Carnival
Rides; Extreme Attractions; Law Enforcement: All types, including but not limited
to city police, county sheriff, California Highway Patrol, county probation,
California Department of Corrections, state or federal military. Mutual
indemnification in the contract may substitute for coverage with written approval
from CFSA. Mechanical Bulls; Motorized Events: Car jumping
contests/demonstrations of hydraulic modifications to automobiles; Rave Type
Events: Any dance or concert which extends beyond midnight; Rodeo Events: All
Types without a paid gate and with any Rough Stock Events such as Bull Riding,
Bareback, Saddle Bronc, or Mutton Busting; Simulators; $1,000,000 per
occurrence for Rodeo Events All Types without any Rough Stock Events but
including barrel racing, penning, and roping; $1,000,000 per occurrence for all
other contracts for which liability insurance (and liquor liability, if applicable) is
required.
The Certificate of Insurance shall list the applicable policy forms, including
endorsements. Any exclusions or coverage limitations, including sub -limits, that
apply to the contractor/renter's activities, or business to be conducted under the
contract or rental agreement/lease, must be listed in the Certificate of Insurance. If
there is a self -insured retention or deductible in the contractor/renter's coverage
equal to or in excess of $100,000, the self -insured retention/deductible amount
shall be included as part of the Certificate of Insurance. A copy of the
contractor/renter's policy declaration page containing this information as an
attachment/exhibit to the Certificate of Insurance will be acceptable, provided it
contains all the aforementioned information.
b. Automobile Liability - Commercial Automobile Liability coverage, on a per
accident basis, at least as broad as the current ISO policy form # CA 00-01, 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
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: Notice of cancellation of the listed policy or policies shall be
sent to the Certificate Holder in accordance with policy provisions.
Revised Eff. January 1, 2023
Page 3
5, Certificate Holder:
+ For Individual Events Only -Fair, along with fair's address, is listed as the certificate
holder.
+ For Master Insurance Certificates Only —
o 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 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
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.
Revised Eff. January 1, 2023
Page 4
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 maybe 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
fumish a complete copy of any policy required hereunder, with said copy certified by the
underwriter to be a tnie 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).
1I1. Particivant�Waivers
1. For hazardous participant events (see subsection 4. below), 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.
Contractor/renter shall ensure that any party renting space from the
contractor/renter with, or for, hazardous participant events (see subsection 4.
below) obtains 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
and provides a copy to the contractor/renter.
3. The contractor/renter shall provide copies of all executed release and waiver of
liability agreements required under subsections 1. and 2. above to the Fair at the
end of the rental agreement.
4. Hazardous participant events include, but are not limited to, any event within the
following broad categories: Athletic Team Events; Equestrian -related Events;
Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators;
Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates,
skateboard, or scooter. Contact California Fair Services Authority, Risk
Management Department at (916) 921-2213 for further information and for CFSA
Release and Waiver Form.
Revised Eff. January 1, 2023
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 102961
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
During the performance of this Agreement, Contractor and its subcontractors shall not deny the
contract's benefits to any person on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, nor shall they discriminate unlawfully against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status. Contractor
shall insure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated
thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part
1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations
or standards adopted by the awarding state agency to implement such article. Contractor shall
permit access by representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal business hours, but
in no case less than 24 hours' notice, to such of its books, records, accounts, and all other
sources of information and its facilities as said Department or Agency shall require to ascertain
compliance with this clause. 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. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
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 State 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.
Contractor may submit a written request to terminate this agreement only if the State should
substantially fail to perform its responsibilities as provided herein.
However, the agreement can be immediately terminated for cause. The term "for cause" shall
mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the
contract. In this instance, the contract termination shall be effective as of the date indicated on
the State's notification to the Contractor.
This agreement may be suspended or cancelled without notice, at the option of the Contractor, if
the Contractor or State's premises or equipment are destroyed by fire or other catastrophe, or so
substantially damaged that it is impractical to continue service, or in the event the Contractor is
unable to render service as a result of any action by any governmental authority.
SCTC, F-31 (revised 10/01)
7. Governiny Lawn
This contract is governed by and shall be interpreted in accordance with the laws of the State of
California.
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 Emolovees (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 MC 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.
State of California Division of Fairs & Exposition SCTC, F-31 (revised 12/19)
EXHIBIT E
NOISE ORDINANCE:
A general awareness of all OC Fair & 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 on 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 noise 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 dB. The house is approximately 2,000
feet from the Grandstand Arena. The injunction applies to all sound emanating from the OC Fair, DURING Fair time.
For all 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 p.m. curfew in effect unless an extension of curfew is approved in writing by the CEO or COO of the 32nd
District Agricultural Association (District) prior to the event.
GENERAL SOUND LEVEL GUIDELINES, 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 where 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 FOR 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 85 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.
�CFAr�;
EVENTCENTER
Exhibit F - Assembly Sill 1499
If you haven't already heard, the California Legislature enacted Assembly Bill 1499 (AB 1499).
The bill became effective July 1, 2018 and requires retailers (commercial exhibitors/vendors,
merchants, concessionaires, etc) who make sales of tangible personal property at a California
state -designated fairground to separately report the sales amount on their Sales and Use Tax
Return. The OC Fair & Event Center (OCFEQ is a California state -designated fairground.
When you operate at the OCFEC as well as at other state -designated fairgrounds, on -
premises sales that you and/or your vendors generate are to be reported separately for each
specific fairground.
Please note that AB 1499 does not impact current state and local sales tax charged in Orange
County or in other California locales. It does, however, direct the California Department of
Tax and Fee Administration (CDTFA) to reallocate 3/4 of 1% of the total amount of reported
gross receipts and to appropriate these monies to the Fair and Exposition Fund for specified
fairground operational and infrastructure needs projects. This funding contributes to
upgraded fairground facilities that will help event producers and vendors grow their
businesses.
Below are links to helpful information on how this may affect you and your vendors.
Please take the time to read through the Information and pass along to all of your vendors
who will be on OC Fair and Event Center property for your upcoming event.
If you or your vendors have any questions, please contact the California Department of Tax
and Fee Administration's customer service line at 1-800-400-7115. Representatives are
available Monday - Friday (except state holidays), from 8:00 a.m. to 5:00 p.m. (Pacific time).
California Department of Tax and Fee Administration
htta: //www.cdtfa.ca.gov[i ndus�/state-fairorou nds. htrn
California Legislative Information
http://Ieainfo.IeQislature.ca.gov/faces/bil[NavClient,xhtml?bill Id=201720180AB1499
Westerns Fairs Association
https://www.westernfairs.oLg t�)lmembers/subsidiaries/(-fa/abl499
Thank you for being a valued part of the OCFEC's Year Round Event Program and ensuring
that all of your participating retailers are aware of and in compliance with AB 1499. We look
forward to your upcoming events.
EXHIBIT V
COVID-19 INFECTION MITIGATION PROTOCOL & PROCEDURE GUIDELINES
1. Scope. As a result of the worldwide COVID-19 pandemic, the 32°d District agricultural
Association (OCFEC) implemented numerous essential protocols and procedures to protect
OCFEC staff, renters, event promoter/producer employees, exhibitors, vendors, contractors,
subcontractors, volunteers and members of the public. These protocols and procedures do not
supersede or replace any existing orders issued by local governments, the State of California or
the Federal Government. The protocol and procedure guidelines (COVID-19 Guidelines) apply
equally to all organizations and persons doing business on OCFEC property, both public and
private, and all event types, commercial, trade or other, hosted at the OCFEC.
2. Sick, elderly and vulnerable persons. Anyone who feels sick should remain at home. In
addition, high -risk persons who are over 65 years of age, or anyone with chronic illness or
underlying medical conditions, should continue to follow recommendations to stay at home and
limit public interaction.
3. Physical Distancing in the Workplace. Physical distancing of a minimum of six (6) feet
should be maintained between customer -facing employees and the general public, and — to the
extent practical — between employees in the field or at employee workstations. Where isolation
of employees in the field or at employee workstations is impractical, face coverings must be
worn without exception.
4. Handwashing, Personal Protective Equipment, and Testing. Renters, event promoters,
event producers, exhibitors, vendors, and their respective contractors, subcontractors and
volunteers (collectively, "Business Partners") conducting business at the OCFEC must require
all customer -facing employees to either wash their hands or use hand sanitizer every thirty
minutes, or wear disposable gloves which are to be changed as frequently as specified by
guidelines established for each applicable job assignment. Face coverings must be provided to
all employees.
Before starting a shift, all OCFEC employees and all Business Partner employees, must have
their temperatures taken and documented, and individual(s) will not be permitted to remain at
work if the temperature reading exceeds 100.4 degrees (°) Fahrenheit. Affected individual(s)
may only return to work after registering and documenting their temperature reading below
100.4° Fahrenheit for seventy-two (72) consecutive hours.
All OCFEC event attendees, before entering OCFEC premises, must have their temperatures
taken and documented. Any OCFEC event attendee with a temperature reading above 100.4°
Fahrenheit will not be permitted to attend the event and will be required to immediately leave
the OCFEC premises. Paid admission/parking fee refunds will be subject to processing
schedule.
All competitive professional and amateur sports participants, including youth sports
participants, must be tested for COVID-19 at least one (1) week before the date of the
scheduled competition, and will not be permitted to compete if the intended participant tests
positive for COVED-19. If the intended participant tests positive for COVED-19, he/she will not
be allowed to participate in any activities at the OCFEC until after (i) receiving a negative
result on a subsequent COVID-19 test and (ii) satisfying the specified 14-day (or otherwise
governmentally specified) COVEDD-19 quarantine period.
OCFEC Business Partners should make every effort to limit physical touch points at their
respective places of business, including at the OCFEC. All OCFEC event promoters must
significantly increase frequency of sanitation and disinfection measures at all workstations and
equipment that come into contact with OCFEC employees and the general public. All OCFEC
Business Partners must assess and identify the frequency of necessary sanitation and
disinfection practices, and will review and agree upon a sanitation and disinfection schedule
with the OCFEC.
Face coverings and disposable gloves must be worn by all OCFEC Business Partner customer -
facing employees. All OCFEC event attendees and visitors must wear appropriate face
coverings. Physical barriers, if available, are preferred but not required as the general public
will make the personal decision of whether to attend an event at the OCFEC and/or patronize
an OCFEC Business Partner. For the benefit of the public, OCFEC employees and Business
Partner employees, handwashing or hand sanitizing should be done as soon as possible
following the handling of materials that come in contact with the general public.
5. Event Attendance Limitations. Attendance at all OCFEC events, including all move -in and
move -out activities, must be limited at any given time, to no more than the current maximum
attendance levels permitted by all applicable local and state orders or laws.
OCFEC Business Partners must establish and actively enforce measures to monitor and ensure
attendance limitation compliance. If an OFCEC Business Partner fails to comply with event
attendance limitations, the OCFEC in its sole and absolute discretion may cancel the event
without notice and refer the matter to local law enforcement,
Ci. OCFEC Business Partner Compliance. OCFEC Business Partners shall make every effort to
assure compliance with COVID-19 related mitigation requirements. If an OCFEC Business
Partner fails to comply with these COVID-19 Guidelines, the OCFEC in its sole and absolute
discretion may close non -compliant event spaces, exhibitor spaces or other such rental spaces,
or may cancel the event without notice and refer the matter to local law enforcement.
7. Covid-19 Release and Waiver of Liability. As consideration for being permitted to conduct
event activities at the OCFEC, OCFEC Business Partners must acknowledge and agree to all
COVID-19 Pandemic and related governmental orders, directives and guidelines, and forever
release the 32nd District Agricultural Association, the State, California Fair Services Authority
("CFSA"), the County, the Lessor, and any fair affiliated organization, along with their
respective directors, officers, employees, volunteers, agents, contractors, and representatives
(collectively "Releasees") from any and all liabilities, causes of action, lawsuits, claims,
demands, or damages of any kind whatsoever that OCFEC Business Partner, OCFEC Business
Partner's employees, contractors, subcontractors, exhibitors, vendors, assignees, heirs,
distributees, guardians, next of kin, spouse and legal representatives now have, or may have in
the future, for injury, death, or property damage, related to (i) OCFEC Business Partner's
participation in these activities, (ii) the negligence or other acts of any Releasee, whether
directly connected to these activities or not, and however caused, or (iii) the condition of the
premises where these activities occur, whether or not the OCFEC Business Partner is then
participating in the activities.
S. Event Organization Protocols. Each OCFEC Business Partner must submit event
organization -specific COVID-19 related infection mitigation protocols and procedures for
OCFEC review and approval no later thirty (30) days before the event's scheduled move -in
date. The OCFEC reserves the right to reject any protocols and procedures that are in conflict
with, or are less stringent than, the COVID-19 Guidelines. if the OCFEC rejects the OCFEC
Business Partner's COVID-19 related infection mitigation protocols and procedures, the
OCFEC Business Partner must resubmit revised infection mitigation protocols and procedures
for review no less than fifteen (15) days before the event's scheduled move -in date. If OCFEC
Business Partner fails to submit the COVID-19 related infection mitigation protocols and
procedures on time, the OCFEC in its sole and absolute discretion may terminate the agreement
and cancel the event without notice.
9, Further Action as Necessary. The OCFEC reserves the right to modify these COVID-19
Guidelines as circumstances warrant. Specifically, the OCFEC recognizes that additional
restrictions not reflected in these guidelines may be necessary to address the health and safety
of certain populations depending upon their age or underlying health concerns, or otherwise to
address medical issues as they arise.
I HAVE CAREFULLY READ THIS AGREEMENT EXHIBIT AND FULLY UNDERSTAND ITS
CONTENTS, I AM AWARE THAT THIS IS A CONTRACTUAL AGREEMENT BETWEEN MYSELF
AND THE 32ND DISTRICT AGRICULTURAL ASSOCIATION, THE STATE, CFSA, THE COUNTY,
AND THE LESSOR, AND SIGN IT OF MY OWN FREE WILL.
Executed on , 20
OCFEC BUSINESS PARTNER
Signature
Address
Address