HomeMy WebLinkAbout09 - CC-10 - Traffic Management Services Agreements w - 6/15/2021
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 15, 2021 ITEM NUMBER: CC-10
SUBJECT: TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND
DISTRICT AGRICULTURAL ASSOCIATION
DATE: MAY 27, 2021
FROM: POLICE DEPARTMENT
PRESENTATION BY: DAN MILES, POLICE SERGEANT
FOR FURTHER INFORMATION CONTACT: DAN MILES, (714) 754-5125
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the 2021 agreement between the City and the 32nd District Agricultural
Association for traffic management services for the Orange County Fair
(Attachment 1).
2. Approve the 2021 agreement between the City and the 32nd District Agricultural
Association for traffic management services for all designated year-round events
at the Orange County Fair and Event Center (“OCFEC”) (Attachment 2).
3. Authorize the City Manager to execute the agreements.
4. Authorize the City Manager to execute any amendments to the agreements,
including, but not limited to, amendments increasing the maximum compensation
to be paid to the City.
BACKGROUND:
Each year, with the exception of 2020 due to the pandemic, the City enters into two
agreements with the 32nd District Agricultural Association (“District”) to provide traffic
management services. The first agreement applies to services provided by Police
Department personnel during the annual Orange County Fair (“OC Fair”). The second
agreement applies to services provided by Police Department personnel at designated
events that occur at the OCFEC throughout the year.
The State of California requires the governing body (City Council) to approve all
agreements before payment can be made.
ANALYSIS:
The Costa Mesa Police Department is requesting City Council approval to enter into
agreements with the District to provide the District with traffic management services during
the 2021 OC Fair and during designated events throughout the year at the OCFEC.
The agreements provide for full reimbursement of personnel costs incurred by the City in
providing traffic management services for the events. The District will compensate the City
in accordance with the hourly rates set forth in the City of Costa Mesa Rate Determination
(Attachment 3), established pursuant to Administrative Regulation 2.13.
Generally, the services that will be provided under both agreements include:
1. Providing and coordinating traffic management services for events at the OCFEC.
2. Controlling or “pickling” traffic lights in unison with the efforts of the District’s
Parking Department.
3. Closing City streets in unison with the efforts of the District’s Parking Department.
Police Department personnel will update signage boards to reflect street closures
and directional information in conjunction with the District’s Parking Department.
The details relating to each agreement are outlined below.
Traffic Management Services – Orange County Fair
The agreement specific to traffic management services during the OC Fair has a term of
July 15, 2021 through August 16, 2021. The services will be provided during the OC Fair,
which is scheduled to run from July 16, 2021 through August 15, 2021. The District will
pay the City a maximum of five hundred fifty thousand dollars ($550,000) for services
provided during the OC Fair. However, if that amount will be reached, the City and District
will work together to amend the maximum compensation as needed.
Traffic Management Services – Designated Events at the OCFEC
The agreement specific to traffic management services during designated year-round
events has a term of July 1, 2021 through June 31, 2022. The services will be provided
during designated large-scale events that occur at the OCFEC. The District will pay the
City a maximum of one hundred thousand dollars ($100,000) for services provided for
events throughout the year. However, if that amount will be reached, the City and District
will work together to amend the maximum compensation as needed.
ALTERNATIVES CONSIDERED:
The City Council could choose not to approve the agreements between the City and the
32nd District Agricultural Association for traffic management services. However, this
alternative would result in increased traffic congestion in and around the OC Fair during
large-scale events, which would impact and require Police Department resources without
any compensation.
FISCAL REVIEW:
Cost incurred by the City is fully offset by the agreement with the 32nd District.
LEGAL REVIEW:
The City Attorney’s Office reviewed this report and the agreements and approved them
as to form.
CITY COUNCIL GOALS & PRIORITIES:
This item supports City Council goal: Strengthen public safety and keep the community
safe.
CONCLUSION:
Staff recommends that the City Council:
1. Approve the 2021 agreement between the City and the 32nd District Agricultural
Association for traffic management services for the Orange County Fair
(Attachment 1).
2. Approve the 2021 agreement between the City and the 32nd District Agricultural
Association for traffic management services for all designated year-round events
at the Orange County Fair and Event Center (“OCFEC”) (Attachment 2).
3. Authorize the City Manager to execute the agreements.
4. Authorize the City Manager to execute any amendments to the agreements,
including, but not limited to, amendments increasing the maximum compensation
to be paid to the City.
DAN MILES BRYAN F. GLASS
Sergeant
Chief of Police
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENTS: 1. 2021 OC Fair Agreement
2. 2021 Year-Round Events Agreement
3. Rate Determination
STATE OF CALIFORNIA
STANDARD AGREEMENT R_____ A_____ F_____
STD 213 (Rev. 03/2019) AGREEMENT NUMBER
SA-030-21FT
PURCHASING NUMBER (if applicable)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION / OC FAIR & EVENT CENTER
CONTRACTOR NAME
CITY OF COSTA MESA
2. The term of this 07/15/2021 through 08/16/2021 FED ID: 95-6005030
Agreement is:
3. The maximum amount
of this Agreement is: $550,000
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a
part of the Agreement.
Exhibit A – Scope of Work – To provide and coordinate traffic management to the OC Fair & Event Center Page 2
Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Page 3
Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 4-7
Exhibit D – Special Terms and Conditions – CCC (Attached hereto as part of this agreement) Pages 8-11
Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Pages 12-14
Exhibit F – OCFEC Megan’s Law Screening & Certification Form (Attached hereto as part of this agreement)
Pages 15
Exhibit G – OCFEC Procedures (Attached hereto as part of this agreement) Pages 16-17
Exhibit H – Additional Contract Terms & Conditions (Attached hereto as part of this agreement) Pages 18-22
Exhibit I – COVID-19 Infection Mitigation Protocol & Procedure Guidelines (Attached hereto as part of this
agreement)
Pages 23-25
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City Of Costa Mesa
CONTRACTOR AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Lori Ann Farrell Harrison, City Manager
CONTRACTOR BUSINESS ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
32ND District Agricultural Association/OC Fair & Event Center
AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Michele Richards, Chief Executive Officer
Exempt per:
CONTRACTING AGENCY ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
marKK Attachment - 1
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EXHIBIT A – SCOPE OF WORK
CONTRACT REPRESENTATIVES
32ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER
Nick Buffa, Director Safety & Security/Parking
Phone Number (714) 708-1577
Costa Mesa Police Department
Bryan Glass, Chief of Police
Phone Number (714) 754-5117
CONTRACTOR AGREES:
1. To provide and coordinate traffic management service for the 2021 OC Fair at the OC Fair and Event
Center.
2. To attend a pre-Fair meeting with District staff in June 2021, a post-Fair meeting with District staff in
September 2021, and other meetings during the 2021 OC Fair as determined necessary by the District.
Meeting times and locations shall be mutually agreed upon by Contractor and the District.
3. To control or “pickle” traffic lights in unison with the efforts of the District’s Parking Department.
4. To close City streets in unison with the efforts of the District’s Parking Department. Contractor to update
signage boards to reflect street closures and directional information in conjunction with the District’s
Parking Department.
5. To provide a summary report of field operations, including a description of services performed by field
officers.
6. The dates, times and number of police personnel required will be mutually determined by the Costa Mesa
Police Department and District Management.
7. Invoicing shall include the date on which services were rendered as well as employee names/titles, shift
start and end time, hours worked and employee’s hour rate.
8. The District reserves the right to terminate this Agreement any time with or without cause by giving the
Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become
effective. Such termination shall relieve the District of further payment, obligations, and/or performances
required in the terms of the contract.
DISTRICT AGREES:
1. To notify Contractor in advance of requested services.
2. Contractor to be paid according to Costa Mesa Police Department fee schedule in Exhibit B, the total
amount not to exceed Five Hundred Fifty Thousand Dollars and 00/100 ($550,000.00). Notwithstanding
the foregoing, if Contractor’s compensation reaches $500,000 prior to the end of the term of this
Agreement, District and Contractor will meet and confer to determine whether an increase in the total
compensation is needed to cover Contractor’s services for the remainder of the term of this Agreement. If
such increase is needed, District and Contractor will negotiate in good faith to determine the amount of
such increase and enter into a written amendment to this Agreement to reflect such increased amount. If
District and Contractor do not agree upon an increased compensation amount and Contractor’s
compensation reaches $550,000, Contractor shall cease providing services until such time as the total
compensation is increased as appropriate to compensate Contractor for services required for the
remainder of the term.
3. Payment will be made no more than thirty (30) days after satisfactory completion of services herein
required and upon receipt of proper itemized invoice.
-End Exhibit A- 5
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-51
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper
invoice.
Invoices shall include the date on which services were rendered as well as employee names, shift start and end time,
hours worked and employee’s hourly rate, and contain the District’s Purchase Order number 50227. Invoices may be
sent via email to AP@ocfair.com or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
-End Exhibit B-
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EXHIBIT C – GENERAL TERMS AND CONDITIONS
Page 1 of 4
GTC 04/2017
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General
Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the
parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties.
3. 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.
4. AUDIT:
Contractor agrees that the awarding department, the Department of General Services, the Bureau of State
Audits, or their designated representative shall have the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is
stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2,
Section 1896).
5. INDEMNIFICATION:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District
Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and
employees from and against all claims, damages, losses, and expenses, of every kind, nature and description
(including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from, or in any way related to
Contractor’s performance or nonperformance of this Agreement however caused or alleged to have been
caused.
To the fullest extent permitted by law, the District shall defend, indemnify, and hold harmless the City of Costa
Mesa, its elected officials, officers, agents, employees, and volunteers from and against all claims, damages,
losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert
fees, and costs of suit), arising from or in any way related to District’s performance or nonperformance of this
Agreement, however caused or alleged to have been caused.
Notwithstanding the foregoing, neither District nor Contractor shall be liable for the defense or indemnification of
the other party for claims, causes of action, complaints, or suits arising out of the sole active negligence or willful
misconduct of the other party, its respective officers, agents, and/or employees.
6. DISPUTES:
Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform
the requirements of this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by the State.
8. INDEPENDENT CONTRACTOR:
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an
independent capacity and not as officers or employees or agents of the State.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
Page 2 of 4
9. RECYCLING CERTIFICATION:
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post
consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract
Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. 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.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby
incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's
expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly
so provided.
14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means
of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set
out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
Page 3 of 4
i. “Public purchase” means a purchase by means of competitive bids of goods, services, or materials by
the State or any of its political subdivisions or public agencies on whose behalf the Attorney General
may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions
Code.
ii “Public purchasing body’ means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it
will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising
from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to
the bid. Such assignment shall be made and become effective at the time the purchasing body tenders
final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary
recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive
reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any
portion of the recovery, including treble damages, attributable to overcharges that were paid by the
assignor but were not paid by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign
the cause of action assigned under this part if the assignor has been or may have been injured by the
violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or
(b) the assignee declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract
Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply
with all applicable state and federal laws relating to child and family support enforcement, including, but
not limited to, disclosure of information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties
agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling
vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code
Section 11200 in accordance with Pub. Contract Code §10353.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
Page 4 of 4
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS :
a. If for this Contract Contractor made a commitment to achieve small business participation, then
Contractor must within 60 days of receiving final payment under this Contract (or within such other time
period as may be specified elsewhere in this Contract) report to the awarding department the actual
percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise
(DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract
(or within such other time period as may be specified elsewhere in this Contract) certify in a report to the
awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the
name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount
each DVBE received from the prime Contractor; (4) that all payments under the Contract have been
made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or
entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is
incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as
a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS
Page 1 of 4
CCC 04/2017 / CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind
the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of
California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code
§12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a
drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace;
iii. any available counseling, rehabilitation and employee assistance programs; and,
iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and,
ii. agree to abide by the terms of the company's statement as a condition of employment on the
Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Contractor may be ineligible for award of any future State
agreements if the department determines that any of the following has occurred: the Contractor has made
false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov.
Code §8350 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Page 2 of 4
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) 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
Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an
order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business
and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal
services during each year of the contract equal to the lessor of 30 multiplied by the number of full time
attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any
contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and
may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation
within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement
related to a public works contract, declare under penalty of perjury that no apparel, garments or
corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the
contract have been laundered or produced in whole or in part by sweatshop labor, forced labor,
convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of
children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor,
indentured labor under penal sanction, abusive forms of child labor or exploitation of children in
sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to
determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract
Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public
Contract Code section 10295.35.
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Page 3 of 4
DOING BUSINESS WITH THE STATE OF CALIFORNI A
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: 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 (Pub. Contract Code §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 (Pub. Contract Code §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. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per
diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to
comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code
Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Page 4 of 4
4. 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.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be
verifying that the contractor is currently qualified to do business in California in order to ensure that all
obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the
purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to
taxation, rarely will a corporate contractor performing within the state not be subject to the franchise
tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good
standing in order to be qualified to do business in California. Agencies will determine whether a
corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion,
or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing
execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
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.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
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EXHIBIT E – INSURANCE REQUIREMENTS
Page 1 of 3
California Fair Services Authority #19-02
I. Evidence of Coverage
The cont ractor/renter shall pr ovide a signed original evidence of coverage for m for the term o f the contract or
agreement (here inaft er “contract ”) protecting the legal liab il ity o f the State of Ca lifor nia, the California Fair
Services Authority, Distr ict Agricu ltura l Associat ions, County Fa irs, Counties in wh ich County Fa irs are located,
Lessor /Subless or if fair s ite is leased/subleas ed, Citr us Fruit Fairs, Cali fornia Expos ition and State Fa ir, or
Entities (pub lic or non-profit) operating Ca lifornia designated agricu ltura l fairs, the ir d irectors , officers, agents,
servants, and e mployees , fro m occurrences related to oper ations under the contract. Th is may be provided by:
A. Insurance Cert if icate – The cont ractor/renter provides the fair with a s igned or iginal certificate o f insurance (the
ACORD form is acceptab le), lawful ly transacted, which sets forth the fol lowing :
1. List as the Additional Insured: "That the State of Cali fornia, the California Fair Services Authority, the
D istrict A gr icultural As sociat ion, Count y Fa ir, t he Count y in wh ich the County Fair is located, Lessor/
Sublessor i f fa ir sit e is leased/subleased, Citrus Fruit Fair , Ca lifornia Exposition and State Fair, or Entities
(publ ic or non-prof it) operating Ca lifornia des ignated agricu ltura l fairs, their directors, o fficers, agents,
servants, and emp loyees are made additional ins ured, but on ly ins ofar as the operations under this contract
are concerned."
2. Dat es: The dates o f incept ion and exp irat ion of t he insurance. For individual eve nts, the s pecific eve nt
dates mus t be l iste d, al ong wit h al l se t-up and tear do wn dates .
3. C overages :
a. General Liability - C ommerc ial General Liabil ity coverage, on an occurrence basis , at least as broad as
the cur rent Insur ance Service Office (ISO) pol icy form #CG 00-01. Limits s hall be not less than
$5,000,000 per occur rence for Fair time Car nival R ides and for Freefall Attractions (elevated
jumps involving airbags); $5,000,000 per occurrence for the following types of Motorized
Events: automobile races, drifting exhibitions, truck rodeos, tractor/truck pulls, destruction derbies, RV
destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows,
figure 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, enduro, 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 R odeo Events a ll types with a paid gate and any Rough
Stock events; $2,000,000 per occurrence for Rodeo Events Al l Types without a paid gate and
with any R ough Stock events and for Swap Meets/Flea Markets held two or more times per calendar
year; $2,000,000 per occurrence for the following Motorized events: car jumping
contests/demonstrations of hydraulic modifications to automobiles; $2,000,000 per occurrence for
Int eri m Carn ival Rides, Fa irtime Kiddie Car nival Rides of up to 6 r ides, Concerts with over 5,000
at tendees, Rave Type Events All Types, Cannabis Fes tiva ls/Trade Shows, Mechanica l Bu lls, Extreme
Attract ions A ll Types that r equire a DOSH per mit t o operate, and Simu lators; $1,000,000 per
occurrence for Rodeo Events All Types wi thout any Rough Stock Events; $1,000,000 per
occurrence for a ll other contracts for wh ich liab il ity insurance (and l iquor l iability, i f 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
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EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
Page 2 of 3
information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it
contains all the aforementioned information.
b. Automobile Liability - Co mmercia l Automobi le Liability coverage, on a per accident basis, at least
as broad as the current ISO pol icy form # C A 00-01, Symbo l #1 (Any Auto) with lim its of not less
than $1,000,000 combined sing le limits per accident for contracts invo lving us e o f contractor vehicles
(autos, trucks or other licensed veh icles) on fairgrounds .
c. Workers’ Compensation - Workers’ Compensation coverage s hall be ma intained covering
contractor/renter's emp loyees, as required by law.
d. Medical Malpractice - Med ical Malpractice coverage with l imits of not less than $1,000,000 per
occurrence s hall be mainta ined for contracts involving med ical services.
e. Liquor Liability - Liquor Liabi lit y coverage with limits of not les s than $1,000,000 per occurrence s hall
be ma intained for contr acts invo lving the sa le of a lcoholic beverages.
4. Cancellation Not ice: Notice o f cance llation o f the l isted policy or policies shall be sent to the Certif icate
Ho lder in accor dance with pol icy provis ions.
5. Cert ificate Holder:
• For Individua l Events Only - Fa ir, along with fair’s addres s, is listed as the certificate holder.
• For Master Insurance Cer ti ficates Only - C al iforn ia 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 provid ing insurance coverage mus t be acceptab le to the Ca lifornia
Depar tment of Insurance.
7. Insured: The cont ractor/renter must be specif ical ly l isted as the Insured.
OR
B. CFSA Special Events Program - The cont ractor/renter obtains liab ility pr otection through the Ca lifornia Fa ir
Services Aut horit y (C FSA ) Special Events Progra m, when applicable.
OR
C. Master Cer ti ficates - A cur rent mas ter certificate o f insurance for the contractor/renter has been approved by and
is on fi le with Cali fornia Fair Serv ices Authority (CFSA).
OR
D. Sel f-Insurance - The contractor/renter is self-ins ured and acceptable evidence of se lf-insurance has been
approved by Cal iforn ia Fa ir Services Authority ( CFSA).
II. General Provis ions
1. Maintenance of Coverage - The contract or/renter agrees that the com mercial gener al l iabi lity (and
automob ile liabi lity, workers’ co mpensation, medica l ma lpractice and/or liquor liab ility, if applicab le) insurance
coverage here in provided for shal l be in e ffect at all t imes during the term of this contract. In the event said
insurance coverage expires or is cance lled at any time or times pr ior to or during the term of this contract,
cont ractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance
evidencing ins urance coverage as provided for here in for not less than the remainder o f the term o f the
cont ract, or for a period o f not less t han one (1) year. New certificates o f insurance are subject to the
approval of Cal iforn ia Fa ir Services Authority, and contractor/renter agrees that no work or services shall be
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EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
Page 3 of 3
per formed prior t o t he giving of s uch approva l. In the event the contr actor/renter fa ils to keep in effect at all
times insur ance coverage as here in prov ided, t he fair may, in addition to any other remed ies it may have, take
any of the fo llowing act ions: (1) declare a material breach by contractor/renter and terminate th is contract; (2)
withho ld all payment s due to contractor/rent er until notice is rece ived that such ins urance coverage is in
effect; and (3) obtain s uch insurance coverage and deduct pre miums for same fro m any sums due or which
become due to contractor/renter under the terms of th is contract.
2. Pri mary Coverage - The contractor/renter ’s insurance coverage shal l be primary and any separate
coverage or protection ava ilable t o the fair or any other add itional ins ured shall be secondary.
3. Contractor’s Responsibility - Nothing here in sha ll be construed as lim iting in any way the extent to which
contractor/renter may be held respons ible for damages resulting fro m contractor /renter’s operations, acts,
omis sions or negl igence. Insurance coverage obta ined in the minimum amounts specified above
shal l not re lieve contractor/renter of liab ility in exces s o f such min imum coverage, nor s hall it prec lude the
fa ir from taking other act ions avai lable to it under contract documents or by law, includ ing, but not limited
to, actions purs uant to contractor/renter’s indemn ity obligations . The contractor/renter indemnity
obli gations s hall s urvive the expiration, termination or assignment of this contract.
4. Cert ified Copies of Policies - U pon r equest by fa ir, contractor/renter sha ll im mediate ly furn ish a complete
copy o f any po licy requ ired hereunder, with said copy cert if ied by the underwriter to be a true and correct copy
o f t he origina l pol icy. Fairtime Carnival Ride contractors must submit copies of actual liabi lity insurance
pol icies, cert if ied by an underwrit er, to Cal iforn ia Fair Services Authority (CFSA).
III. Participant 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.
2. 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.
-End Exhibit E-
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EXHIBIT F – MEGAN’S LAW SCREENING CERTIFICATION
OC Fair & Event Center
Page 1 of 1
This form must be completed legibly, with all information requested. Typewritten or computer-generated forms or
reports may be substituted provided that: all required information is included in columnar form . The certification
section must be signed by an authorized representative of the contractor.
Company/Organization Name: ____________________________________________________________________
Contact Name: ________________________________ Contact Telephone :_____________________________
Type of Company/Organization Contractor Consultant Concessionaire
(Circle one): Entertainer Exhibitor Volunteer
Other/Explanation if Needed: ____________________________________________________________________
The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor,
including, but not limited to, its agents, employees, subcontractors, and volunteers have been screened for sex offender
registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned
represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform
services on behalf of Contractor at or on OCFEC premises.
To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all
claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney’s
fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or
nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification , regardless of responsibility of
negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even
though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be
obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its
employees, or agents (excluding the Contractor, or any of its employees or agents).
The undersigned represents and warrants that he/she is fully authorized to execute this Megan’s Law Screening
Certification on behalf of Contractor.
_______________________________________ ____________________________
Company/Organization Representative’s Signature Title of Representative
________________________________________ ____________________________
Printed Name Date
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
Page 1 of 2
PROCEDURE 0004: Uniforms for Contractors and their Employees.
PPE (Personal Protective Equipment): Closed-toe shoes and steel toe work shoes/boots where appropriate
and other PPE as required by task and OSHA guidelines.
Purpose: To ensure all OCFEC contractors, including employees, are wearing company approved uniforms
when present in a working capacity at the OCFEC.
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) shall wear their own
company uniform at all times when working on OCFEC property, including without limitation, the Pacific
Amphitheatre, The Hangar and Action Sports Arena.
2. A uniform can be a logo T-shirt, polo style shirt or full button down shirt; if a jacket (or outerwear) is also
required, the jacket must have the company logo on the front of the jacket. OCFEC will require pre -
approval of the company uniform style and logo. The company logo must be highly visible and non-
offensive in nature.
3. If a Contractor wears a jacket (or outerwear), the required photo identification must remain visible at all
times (Part X – Section A-6, Procedure 0005).
4. If any OCFEC Contractor is not in the proper company uniform, he or she will be asked to leave the
OCFEC premises and may not return until he or she is wearing the required uniform.
5. If any OCFEC Contractor violates OCFEC procedures, including this OCFEC Contractor Uniform Policy,
OCFEC management will ask the Contractor to permanently replace that employee.
6. Continued lack of support for, or adherence to, OCFEC procedures, including this OCFEC Contractor
Uniform Policy, may result in the cancellation of the contract between the OCFEC and contractor.
PROCEDURE 0005: OCFEC Contractors and their Employees wearing identification in the Pacific Amphitheatre,
backstage and on OCFEC property.
PPE (Personal Protective Equipment): Break-away OCFEC photo identification card lanyard.
Purpose: To ensure all contractors and their employees are properly wearing required identification in the
proper manner.
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) must wear OCFEC
approved and supplied photo identification cards around their neck or in another highly visible area at all
times while working for the OCFEC. (Note: an additional clip option is available due to work
requirements).
2. The OCFEC department Director responsible for the work area will provide a complete list of all
Contractors to badging trailer personnel. All Contractors must visit the OCFEC trailer to have their
photograph taken and to be provided with their OCFEC photo identification card and a break -away
lanyard (and/or clip if requested by the contractor).
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3. The OCFEC department Director responsible for the work area will provide a copy of this OCFEC
Contractor Photo Identification Procedure to all contractors to review and this OCFEC Contractor Photo
Identification Procedure shall be incorporated as part of all OCFEC contracts.
4. Contractors may not access the backstage area of the Pacific Amphitheatre without a backstage pass,
which must be pre-approved by the OCFEC department Director and OCFEC Vice President responsible
for the work area.
5. All OCFEC department Directors and OCFEC Vice Presidents must forward to the Pacific Amphitheatre
backstage Security Manager the name of each OCFEC Contractor that was issued a backstage pass by
that Department Director or OCFEC Vice President. Only the Pacific Amphitheatre backstage Security
Manager has the authority to provide OCFEC Contractors with Pacific Amphitheatre backstage passes.
All Pacific Amphitheatre backstage passes must be worn by the OCFEC Contractor as described above.
6. All Contractors must be courteous and cooperative when at any venue access point, entry, gate or if
approached by Security/Law Enforcement for ID inspection.
7. Contractors will be allowed in the Pacific Amphitheatre backstage area only to perform job functions; once
the Contractor completes the Contractor’s job functions in the Pacific Amphitheatre backstage area,
Contractor must immediately leave the area.
8. Contractors not properly wearing required OCFEC identification will be asked to leave, or may be
escorted from, the OCFEC property.
9. If any OCFEC Contractor violates OCFEC procedures, including this OCFEC Contractor Photo
Identification Procedure, OCFEC management will ask the Contractor to permanently replace that
employee.
10. Continued lack of support for, or adherence to, OCFEC procedures, including this OCFEC Contractor
Photo Identification Procedure, may result in the cancellation of the contract between the OCFEC and
Contractor.
By signing this form, the bidder has read and understood OCFEC’s policies above, and is agreeing to follow all
procedures.
____________________________________ ___________________________________
(Print Name & Title) (Signature)
____________________________________
(Date)
If this status form is not completely filled out, signed and submitted with bidder’s response to the IF B, the
bid will be rejected as non-responsive.
-End Exhibit G-
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EXHIBIT H – ADDITIONAL CONTRACT TERMS AND CONDITIONS
Page 1 of 5
1. AUTHORIZED REPRESENTATIVE
Contractor must maintain one (1) or more English speaking representatives who are authorized to take
immediate action and make requested adjustments and/or changes as required by District Management.
This person must be identified to the District as the Contractor’s authorized representative.
2. LICENSES, PERMITS AND CERTIFICATIONS
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her
expense all license(s), permits(s) and certification(s) required by law or as part of this contract for
accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or
certification(s) expire at any time during the term of this contract, Contractor agrees to provide agency a
copy of the renewed license(s), permit(s) or certification(s) within thirty (30) days following th e expiration
date
In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and
certification(s), the District may, in addition to any other remedies it may have, terminate this contract upon
occurrence of such event.
3. SITE ACCESS
District shall allow Contractor access to the District’s property as needed. If access is required during annual
OC Fair hours, the District will provide necessary admission and parking credentials for the employees
performing in service of the contract.
4. INSURANCE
Proof of insurance, meeting the requirements of the State (see Exhibit E) must be made available to the
District within fifteen (15) days of contract award. Failure to do so could result in termination of said contract.
5. WORK PERMIT LAW
If Contractor employs youth under the age of eighteen (18) years, he/she is required by law to see that each
such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor
laws.
6. PERSONNEL
All Contractor employees are employees of the Contractor and not the District. No agent, servant or
employee of the Contractor will under any circumstances be deemed an agent, servant or employee of the
District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by
Contractor in the performance of the contract shall be excluded from such performance on the grounds that
his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by
District Management shall be final.
7. POTENTIAL SUBCONTRACTORS/INDEPENDENT CONTRACTORS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the
District and any subcontractors/independent contractors, and no subcontract shall relieve the Contractor of
his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to
the District for the acts and omissions of its subcontractors and of person s either directly or indirectly
employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor.
The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation
from the District’s obligation to make payments to the Contractor. As a result, the District shall have no
obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
Subcontracting of goods or services must be approved in writing by the District.
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ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
Page 2 of 5
8. SUPPLIERS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the
District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and
of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent
obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall
have no obligation to pay or to enforce the payment of any monies to any supplier.
9. TRAVEL, TRANSPORTATION AND ACCOMMODATIONS
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
10. INVOICES
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District-issued Purchase Order (PO) number, detailed
work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentati on via email to AP@ocfair.com (the District’s
preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa
Mesa, CA 92626.
Upon contract award and throughout the duration of the contract, Contractor shall work with the District to
ensure invoicing needs are continually met.
11. PAYMENT
Payments to the Contractor will be made by the 32nd District Agricultural Association and paid in full within
30 days upon satisfactory completion of each event and receipt of proper invoice.
12. PRICING/FINANCIAL PROPOSAL BID FORM
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the contract. The
estimated quantities provided are based upon historical experience and anticipated future needs, and may
change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage
by the Service Type rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the
effort, if approved by the District, during the implementation of this contract.
13. MEGAN’S LAW SCREENING
All of Contractor’s employees, agents, servants, volunteers, independent contractors and/or employees,
agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing
job related duties on District premises must pass background checks under “Megan’s Law” as required by
the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to
time), and any other reasonable background checks that may be required by the District as a result of
policies adopted by the District’s Board of Directors. Contractor will certify in writing that they have
conducted the required screening and will indemnify the District for any negligence arising out of or
connected with their obligations pertaining to the required screening. Contractor shall not be held liable for
the lack of or inaccuracies in reporting made available by the states. A full, true and correct copy of the
District’s current Megan’s Law policy is attached.
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ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
Page 3 of 5
14. RIGHT TO REPLACE/DISMISS
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted
services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s
onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor or of Contractor’s
permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive
behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District
may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance or
condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to
correct the behavior, performance or condition giving rise to the notification described herein, the District
may demand that Contractor (or Contractor’s subcontractor, as the case may be) cease using said
employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will
promptly comply with such request. If the District requests replacement of onsite personnel or any of its
members, Contractor must furnish a replacement immediately or as otherwise determined necessary by the
District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s
employees or of Contractor’s subcontractor’s employees. The District retains the right to review the resumes
of all Contractor personnel and confirm compliance.
15. GRATUITIES
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32 nd District
Agricultural Association, as employees and officers are not permitted to accept them under any
circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes
cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to
perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of
the employee and a performance violation notice issued to the Contractor.
16. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of
conforming to contract requirements and to standards of good workmanship; Contractor’s record of
forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative
aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to
customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s
business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person
meetings, as determined necessary by the District. The District retains the right to notify Contractor of any
performance issues at any time for the duration of the contract term. Notification will be provided in writing to
Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for
compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen
(15) days of District’s notification to Contractor.
Failure to supply equipment and/or personnel as required may result in a notice of default and/or an
adjustment to the fees charged for equipment and/or labor.
Contractor may be disqualified from potential bidding opportunities if the District deems Contractor as
unresponsive to repeated requests for corrective action.
17. NON-EXCLUSIVE AGREEMENT
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other
contractors for work of a similar or identical nature.
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ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
Page 4 of 5
18. TERMINATION
The District reserves the right to terminate any contract at any time with or without cause by giving the
Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become
effective. Such termination shall relieve the District of further payment, obligations and/or performances
required in the terms of the contract.
19. FORCE MAJEURE
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 party shall have any further
liabilities and/or obligations in connection with this agreement.
20. PHONE NUMBERS
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24-
hour “On Call” phone number for emergencies.
21. VEHICLES, EQUIPMENT AND SUPPLIES
All vehicles and equipment such as utility carts, trucks, trailers, vans, boom lifts, scissor lifts, pressure
washers, back pack blowers, hand trucks, brooms, hoses and pickers and all cleaning supplies such as
stripper, detergents, sanitizers, air fresheners and other chemicals shall be owned and/or provided by
Contractor. The District will provide consumable paper products, waste receptacles and plastic waste
receptacle liners. All vehicles and equipment will be clearly marked with Contractor’s company name
and/or logo. Equipment shall be in proper operating condition with all guards in place. No equipment shall
be left unattended. Equipment and supplies must be stored in designated areas agreed upon by the
District. All Safety Data Sheets (SDS) for all chemical-cleaning products used must be on-site accessible
by the District, per Global Harmonization System (GHS). Contractor shall take all necessary safety
precautions when using vehicles, equipment and cleaning products. Drivers of all vehicles and equipment
shall possess a valid driver license and be 18 years of age or older. Street sweepers should be South
Coast Air Quality Management District Rule 1186 certified and Rule 1186.1 compliant and no older than 2
years. Contractor shall furnish all necessary labor, supervision, equipment, tools, materials (excluding
dumpsters), permits, transportation and insurance in the performance of these specifications.
22. VEHICLE UTILITY CARTS
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not
permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall
possess a valid driver’s license and be 18 years of age or older and abide by all applicable local, State and
Federal laws related to cart safety. Weather protection of equipment is the responsibility of the Contractor.
23. VENUE CLEAN-UP
a. Contractor is to keep job site clean daily and upon project completion.
b. Contractor shall sweep and blow all debris daily and upon project completion.
c. Contractor will dump all green waste in the provided 40 yard dumpster on OCFEC grounds.
d. Do not dispose of any construction material or project waste on OCFEC grounds or in OCFEC
containers.
e. Contractor is to keep all compound and chemicals out of storm drains & sewers.
f. Contractor will protect ground surfaces from oil and other leaks that may come from service trucks.
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ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
Page 5 of 5
24. PERSONNEL POLICY
All Contractor employees must receive an orientation on the duties they will be required to perform, safety
training to ensure employees working with chemicals are familiar with SDS per GHS and harassment
training (prior to working). In addition, ongoing customer service training will be required during the term of
this contract to educate current employees and new hires. Contractor is required to supply all required
training and a schedule of planned training shall be provided to the District at the beginning of every quarter
in January, April, July and October. All employees will be issued an OC Fair & Event Center “Contractor”
photo identification badge annually. Identification badges must be worn at all times while on the property;
when entering and while working on the grounds. Badges will have the name visible and worn on the upper
right or left torso. All badges must be returned from terminated employees. All other employee badges
must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and
regulations stated in the Employee Handbook provided by the District.
25. UNIFORMS AND BADGES
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable
prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to wear badges, identification cards, and/or credentials in a
clearly visible location (per attached procedure) while Contractor’s employees are on the District’s premises.
Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge
annually. Identification badges must be worn at all times while on the property, when entering and while
working on the grounds. Badges shall have the name visible and worn on the upper right or left torso.
Badges are specific to each person and are non-transferable. All badges must be returned from terminated
employees. All employees must abide by the rules and regulations stated in the Employee Handbook
provided by the District.
26. SUBCONTRACTING
Subcontracting of goods or services must be approved in writing, by the District.
27. FIRE REGULATIONS
All fire regulations as prescribed by the State Fire Marshal must be strictly adhered to.
-End Exhibit H-
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EXHIBIT I – COVID-19 INFECTION MITIGATION PROTOCOL & PROCEDURE GUIDELINES
1 of 3
1. SCOPE
As a result of the worldwide COVID-19 pandemic, the 32nd 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 COVID-19. If the intended participant
tests positive for COVID-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) COVID-19 quarantine period.
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EXHIBIT I – COVID-19 INFECTION MITIGATION PROTOCOL & PROCEDURE GUIDELINES
Page 2 of 3
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.
6. 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.
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EXHIBIT I – COVID-19 INFECTION MITIGATION PROTOCOL & PROCEDURE GUIDELINES
Page 3 of 3
8. 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 than 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
-End Exhibit I-
28
STATE OF CALIFORNIA
STANDARD AGREEMENT R_____ A_____ F_____
STD 213 (Rev. 03/2019) AGREEMENT NUMBER
SA-031-21YR
PURCHASING NUMBER (if applicable)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION / OC FAIR & EVENT CENTER
CONTRACTOR NAME
CITY OF COSTA MESA
2. The term of this 07/01/2021 through 06/30/2022 FED ID: 95-6005030
Agreement is:
3. The maximum amount
of this Agreement is: $100,000
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a
part of the Agreement.
Exhibit A – Scope of Work – To provide and coordinate traffic management for year round to the OC Fair & Event
Center
Page 2
Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Page 3
Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 4-7
Exhibit D – Special Terms and Conditions – CCC (Attached hereto as part of this agreement) Pages 8-11
Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Pages 12-14
Exhibit F – OCFEC Megan’s Law Screening & Certification Form (Attached hereto as part of this agreement)
Pages 15
Exhibit G – OCFEC Procedures (Attached hereto as part of this agreement) Pages 16-17
Exhibit H – Additional Contract Terms & Conditions (Attached hereto as part of this agreement) Pages 18-22
Exhibit I – COVID-19 Infection Mitigation Protocol & Procedure Guidelines (Attached hereto as part of this
agreement)
Pages 23-25
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City Of Costa Mesa
CONTRACTOR AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Lori Ann Farrell Harrison, City Manager
CONTRACTOR BUSINESS ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
32ND District Agricultural Association/OC Fair & Event Center
AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Michele Richards, Chief Executive Officer
Exempt per:
CONTRACTING AGENCY ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
marKK Attachment - 2
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PAGE 2 of 25
EXHIBIT A – SCOPE OF WORK
CONTRACT REPRESENTATIVES
32ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER
Nick Buffa, Director Safety & Security/Parking
Phone Number (714) 708-1577
Costa Mesa Police Department
Bryan Glass, Chief of Police
Phone Number (714) 754-5117
CONTRACTOR AGREES:
1. To provide and coordinate traffic management services during designated Year-Round Events at the OC Fair
& Event Center.
2. To provide officers for large-scale events, where there is a high volume of automobile and/or pedestrian traffic.
3. To control or “pickle” traffic lights in unison with the efforts of the District’s Parking Department.
4. To close City streets in unison with the efforts of the District’s Parking Department. Contractor to update
signage boards to reflect street closures and directional information in conjunction with the District’s
Parking Department.
5. To provide a summary report of field operations, including a description of services performed by field officers.
6. The dates, times and number of police personnel required will be mutually determined by the Costa
Mesa Police Department and District Management.
7. Invoicing shall include the event name for which services were rendered as well as employee names, shift
start and end time, hours worked and employee’s hourly rate.
8. The District reserves the right to terminate this Agreement, at any time with or without cause by giving the
Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become
effective. Such termination shall relieve the District of further payment, obligations, and/or performances
required in the terms of the contract.
DISTRICT AGREES:
1. To notify Contractor in advance of requested services.
2. Contractor to be paid according to Costa Mesa Police Department fee schedule in Exhibit B, total amount not to
exceed One Hundred Thousand Dollars and 00/100 ($100,000.00). Notwithstanding the foregoing, if Contractor’s
compensation reaches $75,000 prior to the end of the term of this Agreement, District and Contractor will meet
and confer to determine whether an increase in the total compensation is needed to cover Contractor’s services
for the remainder of the term of this Agreement. If such increase is needed, District and Contractor will negotiate in
good faith to determine the amount of such increase and enter into a written amendment to this Agreement to
reflect such increased amount. If District and Contractor do not agree upon an increased compensation amount
and Contractor’s compensation reaches $100,000, Contractor shall cease providing services until such time as the
total compensation is increased as appropriate to compensate Contractor for services required for the remainder
of the term.
3. Payment will be made no more than thirty (30) days after satisfactory completion of work herein required and
upon receipt of proper invoice.
-End Exhibit A-
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-51
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper
invoice.
Invoices shall include the date on which services were rendered as well as employee names, shift start and end time,
hours worked and employee’s hourly rate, and contain the District’s Purchase Order number 50228. Invoices may be
sent via email to AP@ocfair.com or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
-End Exhibit B-
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PAGE 4 of 25
EXHIBIT C – GENERAL TERMS AND CONDITIONS
Page 1 of 4
GTC 04/2017
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General
Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the
parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties.
3. 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.
4. AUDIT:
Contractor agrees that the awarding department, the Department of General Services, the Bureau of State
Audits, or their designated representative shall have the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is
stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2,
Section 1896).
5. INDEMNIFICATION:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District
Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and
employees from and against all claims, damages, losses, and expenses, of every kind, nature and description
(including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from, or in any way related to
Contractor’s performance or nonperformance of this Agreement however caused or alleged to have been
caused.
To the fullest extent permitted by law, the District shall defend, indemnify, and hold harmless the City of Costa
Mesa, its elected officials, officers, agents, employees, and volunteers from and against all claims, damages,
losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert
fees, and costs of suit), arising from or in any way related to District’s performance or nonperformance of this
Agreement, however caused or alleged to have been caused.
Notwithstanding the foregoing, neither District nor Contractor shall be liable for the defense or indemnification of
the other party for claims, causes of action, complaints, or suits arising out of the sole active negligence or willful
misconduct of the other party, its respective officers, agents, and/or employees.
6. DISPUTES:
Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform
the requirements of this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by the State.
8. INDEPENDENT CONTRACTOR:
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an
independent capacity and not as officers or employees or agents of the State.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
Page 2 of 4
9. RECYCLING CERTIFICATION:
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post
consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract
Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. 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.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby
incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's
expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly
so provided.
14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means
of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set
out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
Page 3 of 4
i. “Public purchase” means a purchase by means of competitive bids of goods, services, or materials by
the State or any of its political subdivisions or public agencies on whose behalf the Attorney General
may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions
Code.
ii “Public purchasing body” means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it
will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising
from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to
the bid. Such assignment shall be made and become effective at the time the purchasing body tenders
final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary
recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive
reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any
portion of the recovery, including treble damages, attributable to overcharges that were paid by the
assignor but were not paid by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign
the cause of action assigned under this part if the assignor has been or may have been injured by the
violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or
(b) the assignee declines to file a court action for the cause of action. See Government Code Section
4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract
Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply
with all applicable state and federal laws relating to child and family support enforcement, including, but
not limited to, disclosure of information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties
agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling
vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code
Section 11200 in accordance with Pub. Contract Code §10353.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
Page 4 of 4
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then
Contractor must within 60 days of receiving final payment under this Contract (or within such other time
period as may be specified elsewhere in this Contract) report to the awarding department the actual
percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise
(DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract
(or within such other time period as may be specified elsewhere in this Contract) certify in a report to the
awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the
name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount
each DVBE received from the prime Contractor; (4) that all payments under the Contract have been
made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or
entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is
incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as
a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS
Page 1 of 4
CCC 04/2017 / CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind
the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of
California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code
§12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a
drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace;
iii. any available counseling, rehabilitation and employee assistance programs; and,
iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and,
ii. agree to abide by the terms of the company's statement as a condition of employment on the
Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Contractor may be ineligible for award of any future State
agreements if the department determines that any of the following has occurred: the Contractor has made
false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov.
Code §8350 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Page 2 of 4
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) 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
Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an
order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business
and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal
services during each year of the contract equal to the lessor of 30 multiplied by the number of full time
attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any
contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and
may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation
within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement
related to a public works contract, declare under penalty of perjury that no apparel, garments or
corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the
contract have been laundered or produced in whole or in part by sweatshop labor, forced labor,
convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of
children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor,
indentured labor under penal sanction, abusive forms of child labor or exploitation of children in
sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to
determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract
Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public
Contract Code section 10295.35.
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Page 3 of 4
DOING BUSINESS WITH THE STATE OF CALIFORNI A
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: 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 (Pub. Contract Code §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 (Pub. Contract Code §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. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per
diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to
comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code
Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Page 4 of 4
4. 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.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be
verifying that the contractor is currently qualified to do business in California in order to ensure that all
obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the
purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to
taxation, rarely will a corporate contractor performing within the state not be subject to the franchise
tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good
standing in order to be qualified to do business in California. Agencies will determine whether a
corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion,
or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing
execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
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.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
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EXHIBIT E – INSURANCE REQUIREMENTS
Page 1 of 3
California Fair Services Authority #19-02
I. Evidence of Coverage
The cont ractor/renter shall pr ovide a signed original evidence of coverage for m for the term o f the contract or
agreement (here inaft er “contract ”) protecting the legal liab il ity o f the State of Ca lifor nia, the California Fair
Services Authority, Distr ict Agricu ltura l Associat ions, County Fa irs, Counties in wh ich County Fa irs are located,
Lessor /Subless or if fair s ite is leased/subleas ed, Citr us Fruit Fairs, Cali fornia Expos ition and State Fa ir, or
Entities (pub lic or non-profit) operating Ca lifornia designated agricu ltura l fairs, the ir d irectors , officers, agents,
servants, and e mployees , fro m occurrences related to oper ations under the contract. Th is may be provided by:
A. Insurance Cert if icate – The cont ractor/renter provides the fair with a s igned or iginal certificate o f insurance (the
ACORD form is acceptab le), lawful ly transacted, which sets forth the fol lowing :
1. List as the Additional Insured: "That the State of Cali fornia, the California Fair Services Authority, the
D istrict A gr icultural As sociat ion, Count y Fa ir, t he Count y in wh ich the County Fair is located, Lessor/
Sublessor i f fa ir sit e is leased/subleased, Citrus Fruit Fair , Ca lifornia Exposition and State Fair, or Entities
(publ ic or non-prof it) operating Ca lifornia des ignated agricu ltura l fairs, their directors, o fficers, agents,
servants, and emp loyees are made additional ins ured, but on ly ins ofar as the operations under this contract
are concerned."
2. Dat es: The dates o f incept ion and exp irat ion of t he insurance. For individual eve nts, the s pecific eve nt
dates mus t be l iste d, al ong wit h al l se t-up and tear do wn dates .
3. C overages :
a. General Liability - C ommerc ial General Liabil ity coverage, on an occurrence basis , at least as broad as
the cur rent Insur ance Service Office (ISO) pol icy form #CG 00-01. Limits s hall be not less than
$5,000,000 per occur rence for Fair time Car nival R ides and for Freefall Attractions (elevated
jumps involving airbags); $5,000,000 per occurrence for the following types of Motorized
Events: automobile races, drifting exhibitions, truck rodeos, tractor/truck pulls, destruction derbies, RV
destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows,
figure 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, enduro, 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 R odeo Events a ll types with a paid gate and any Rough
Stock events; $2,000,000 per occurrence for Rodeo Events Al l Types without a paid gate and
with any R ough Stock events and for Swap Meets/Flea Markets held two or more times per calendar
year; $2,000,000 per occurrence for the following Motorized events: car jumping
contests/demonstrations of hydraulic modifications to automobiles; $2,000,000 per occurrence for
Int eri m Carn ival Rides, Fa irtime Kiddie Car nival Rides of up to 6 r ides, Concerts with over 5,000
at tendees, Rave Type Events All Types, Cannabis Fes tiva ls/Trade Shows, Mechanica l Bu lls, Extreme
Attract ions A ll Types that r equire a DOSH per mit t o operate, and Simu lators; $1,000,000 per
occurrence for Rodeo Events All Types wi thout any Rough Stock Events; $1,000,000 per
occurrence for a ll other contracts for wh ich liab il ity insurance (and l iquor l iability, i f 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
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EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
Page 2 of 3
information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it
contains all the aforementioned information.
b. Automobile Liability - Co mmercia l Automobi le Liability coverage, on a per accident basis, at least
as broad as the current ISO pol icy form # C A 00-01, Symbo l #1 (Any Auto) with lim its of not less
than $1,000,000 combined sing le limits per accident for contracts invo lving us e o f contractor vehicles
(autos, trucks or other licensed veh icles) on fairgrounds .
c. Workers’ Compensation - Workers’ Compensation coverage s hall be ma intained covering
contractor/renter's emp loyees, as required by law.
d. Medical Malpractice - Med ical Malpractice coverage with l imits of not less than $1,000,000 per
occurrence s hall be mainta ined for contracts involving med ical services.
e. Liquor Liability - Liquor Liabi lit y coverage with limits of not les s than $1,000,000 per occurrence s hall
be ma intained for contr acts invo lving the sa le of a lcoholic beverages.
4. Cancellation Not ice: Notice o f cance llation o f the l isted policy or policies shall be sent to the Certif icate
Ho lder in accor dance with pol icy provis ions.
5. Cert ificate Holder:
• For Individua l Events Only - Fa ir, along with fair’s addres s, is listed as the certificate holder.
• For Master Insurance Cer ti ficates Only - C al iforn ia 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 provid ing insurance coverage mus t be acceptab le to the Ca lifornia
Depar tment of Insurance.
7. Insured: The cont ractor/renter must be specif ical ly l isted as the Insured.
OR
B. CFSA Special Events Program - The cont ractor/renter obtains liab ility pr otection through the Ca lifornia Fa ir
Services Aut horit y (C FSA ) Special Events Progra m, when applicable.
OR
C. Master Cer ti ficates - A cur rent mas ter certificate o f insurance for the contractor/renter has been approved by and
is on fi le with Cali fornia Fair Serv ices Authority (CFSA).
OR
D. Sel f-Insurance - The contractor/renter is self-ins ured and acceptable evidence of se lf-insurance has been
approved by Cal iforn ia Fa ir Services Authority ( CFSA).
II. General Provis ions
1. Maintenance of Coverage - The contract or/renter agrees that the com mercial gener al l iabi lity (and
automob ile liabi lity, workers’ co mpensation, medica l ma lpractice and/or liquor liab ility, if applicab le) insurance
coverage here in provided for shal l be in e ffect at all t imes during the term of this contract. In the event said
insurance coverage expires or is cance lled at any time or times pr ior to or during the term of this contract,
cont ractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance
evidencing ins urance coverage as provided for here in for not less than the remainder o f the term o f the
cont ract, or for a period o f not less t han one (1) year. New certificates o f insurance are subject to the
approval of Cal iforn ia Fa ir Services Authority, and contractor/renter agrees that no work or services shall be
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EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
Page 3 of 3
per formed prior t o t he giving of s uch approva l. In the event the contr actor/renter fa ils to keep in effect at all
times insur ance coverage as here in prov ided, t he fair may, in addition to any other remed ies it may have, take
any of the fo llowing act ions: (1) declare a material breach by contractor/renter and terminate th is contract; (2)
withho ld all payment s due to contractor/rent er until notice is rece ived that such ins urance coverage is in
effect; and (3) obtain s uch insurance coverage and deduct pre miums for same fro m any sums due or which
become due to contractor/renter under the terms of th is contract.
2. Pri mary Coverage - The contractor/renter ’s insurance coverage shal l be primary and any separate
coverage or protection ava ilable t o the fair or any other add itional ins ured shall be secondary.
3. Contractor’s Responsibility - Nothing here in sha ll be construed as lim iting in any way the extent to which
contractor/renter may be held respons ible for damages resulting fro m contractor /renter’s operations, acts,
omis sions or negl igence. Insurance coverage obta ined in the minimum amounts specified above
shal l not re lieve contractor/renter of liab ility in exces s o f such min imum coverage, nor s hall it prec lude the
fa ir from taking other act ions avai lable to it under contract documents or by law, includ ing, but not limited
to, actions purs uant to contractor/renter’s indemn ity obligations . The contractor/renter indemnity
obli gations s hall s urvive the expiration, termination or assignment of this contract.
4. Cert ified Copies of Policies - U pon r equest by fa ir, contractor/renter sha ll im mediate ly furn ish a complete
copy o f any po licy requ ired hereunder, with said copy cert if ied by the underwriter to be a true and correct copy
o f t he origina l pol icy. Fairtime Carnival Ride contractors must submit copies of actual liabi lity insurance
pol icies, cert if ied by an underwrit er, to Cal iforn ia Fair Services Authority (CFSA).
III. Participant 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.
2. 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.
-End Exhibit E-
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EXHIBIT F – MEGAN’S LAW SCREENING CERTIFICATION
OC Fair & Event Center
Page 1 of 1
This form must be completed legibly, with all information requested. Typewritten or computer-generated forms or
reports may be substituted provided that: all required information is included in columnar form . The certification
section must be signed by an authorized representative of the contractor.
Company/Organization Name: ____________________________________________________________________
Contact Name: ________________________________ Contact Telephone :_____________________________
Type of Company/Organization Contractor Consultant Concessionaire
(Circle one): Entertainer Exhibitor Volunteer
Other/Explanation if Needed: ____________________________________________________________________
The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor,
including, but not limited to, its agents, employees, subcontractors, and volunteers have been screened for sex offender
registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned
represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform
services on behalf of Contractor at or on OCFEC premises.
To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all
claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney’s
fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or
nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification , regardless of responsibility of
negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even
though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be
obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its
employees, or agents (excluding the Contractor, or any of its employees or agents).
The undersigned represents and warrants that he/she is fully authorized to execute this Megan’s Law Screening
Certification on behalf of Contractor.
_______________________________________ ____________________________
Company/Organization Representative’s Signature Title of Representative
________________________________________ ____________________________
Printed Name Date
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
Page 1 of 2
PROCEDURE 0004: Uniforms for Contractors and their Employees.
PPE (Personal Protective Equipment): Closed-toe shoes and steel toe work shoes/boots where appropriate
and other PPE as required by task and OSHA guidelines.
Purpose: To ensure all OCFEC contractors, including employees, are wearing company approved uniforms
when present in a working capacity at the OCFEC.
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) shall wear their own
company uniform at all times when working on OCFEC property, including without limitation, the Pacific
Amphitheatre, The Hangar and Action Sports Arena.
2. A uniform can be a logo T-shirt, polo style shirt or full button down shirt; if a jacket (or outerwear) is also
required, the jacket must have the company logo on the front of the jacket. OCFEC will require pre -
approval of the company uniform style and logo. The company logo mus t be highly visible and non-
offensive in nature.
3. If a Contractor wears a jacket (or outerwear), the required photo identification must remain visible at all
times (Part X – Section A-6, Procedure 0005).
4. If any OCFEC Contractor is not in the proper company uniform, he or she will be asked to leave the
OCFEC premises and may not return until he or she is wearing the required uniform.
5. If any OCFEC Contractor violates OCFEC procedures, including this OCFEC Contractor Uniform Policy,
OCFEC management will ask the Contractor to permanently replace that employee.
6. Continued lack of support for, or adherence to, OCFEC procedures, including this OCFEC Contractor
Uniform Policy, may result in the cancellation of the contract between the OCFEC and contractor.
PROCEDURE 0005: OCFEC Contractors and their Employees wearing identification in the Pacific Amphitheatre,
backstage and on OCFEC property.
PPE (Personal Protective Equipment): Break-away OCFEC photo identification card lanyard.
Purpose: To ensure all contractors and their employees are properly wearing required identification in the
proper manner.
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) must wear OCFEC
approved and supplied photo identification cards around their neck or in another highly visible area at all
times while working for the OCFEC. (Note: an additional clip option is available due to work
requirements).
2. The OCFEC department Director responsible for the work area will provide a complete list of all
Contractors to badging trailer personnel. All Contractors must visit the OCFEC trailer to have their
photograph taken and to be provided with their OCFEC photo identification card and a break -away
lanyard (and/or clip if requested by the contractor).
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3. The OCFEC department Director responsible for the work area will provide a copy of this OCFEC
Contractor Photo Identification Procedure to all contractors to review and this OCFEC Contractor Photo
Identification Procedure shall be incorporated as part of all OCFEC contracts.
4. Contractors may not access the backstage area of the Pacific Amphitheatre without a backstage pass,
which must be pre-approved by the OCFEC department Director and OCFEC Vice President responsible
for the work area.
5. All OCFEC department Directors and OCFEC Vice Presidents must forward to the Pacific Amphitheatre
backstage Security Manager the name of each OCFEC Contractor that was issued a backstage pass by
that Department Director or OCFEC Vice President. Only the Pacific Amphitheatre backstage Security
Manager has the authority to provide OCFEC Contractors with Pacific Amphitheatre backstage passes.
All Pacific Amphitheatre backstage passes must be worn by the OCFEC Contractor as described above.
6. All Contractors must be courteous and cooperative when at any venue access point, entry, gate or if
approached by Security/Law Enforcement for ID inspection.
7. Contractors will be allowed in the Pacific Amphitheatre backstage area only to perform job functions; once
the Contractor completes the Contractor’s job function s in the Pacific Amphitheatre backstage area,
Contractor must immediately leave the area.
8. Contractors not properly wearing required OCFEC identification will be asked to leave, or may be
escorted from, the OCFEC property.
9. If any OCFEC Contractor violates OCFEC procedures, including this OCFEC Contractor Photo
Identification Procedure, OCFEC management will ask the Contractor to permanently replace that
employee.
10. Continued lack of support for, or adherence to, OCFEC procedures, including this OCFEC Contract or
Photo Identification Procedure, may result in the cancellation of the contract between the OCFEC and
Contractor.
By signing this form, the bidder has read and understood OCFEC’s policies above, and is agreeing to follow all
procedures.
____________________________________ ___________________________________
(Print Name & Title) (Signature)
____________________________________
(Date)
If this status form is not completely filled out, signed and submitted with bidder’s response to the IFB, the
bid will be rejected as non-responsive.
-End Exhibit G-
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EXHIBIT H – ADDITIONAL CONTRACT TERMS AND CONDITIONS
Page 1 of 5
1. AUTHORIZED REPRESENTATIVE
Contractor must maintain one (1) or more English speaking representatives who are authorized to take
immediate action and make requested adjustments and/or changes as required by District Management.
This person must be identified to the District as the Contractor’s authorized representative.
2. LICENSES, PERMITS AND CERTIFICATIONS
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her
expense all license(s), permits(s) and certification(s) required by law or as part of this contract for
accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or
certification(s) expire at any time during the term of this contract, Contractor agrees to provide agency a
copy of the renewed license(s), permit(s) or certification(s) within thirty (30) days following the expira tion
date
In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and
certification(s), the District may, in addition to any other remedies it may have, terminate this contract upon
occurrence of such event.
3. SITE ACCESS
District shall allow Contractor access to the District’s property as needed. If access is required during annual
OC Fair hours, the District will provide necessary admission and parking credentials for the employees
performing in service of the contract.
4. INSURANCE
Proof of insurance, meeting the requirements of the State (see Exhibit E) must be made available to the
District within fifteen (15) days of contract award. Failure to do so could result in termination of said contract.
5. WORK PERMIT LAW
If Contractor employs youth under the age of eighteen (18) years, he/she is required by law to see that each
such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor
laws.
6. PERSONNEL
All Contractor employees are employees of the Contractor and not the District. No agent, servant or
employee of the Contractor will under any circumstances be deemed an agent, servant or employee of the
District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by
Contractor in the performance of the contract shall be excluded from such performance on the grounds that
his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by
District Management shall be final.
7. POTENTIAL SUBCONTRACTORS/INDEPENDENT CONTRACTORS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the
District and any subcontractors/independent contractors, and no subcontract shall relieve the Contractor of
his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to
the District for the acts and omissions of its subcontractors and of person s either directly or indirectly
employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor.
The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation
from the District’s obligation to make payments to the Contractor. As a result, the District shall have no
obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
Subcontracting of goods or services must be approved in writing by the District.
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ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
Page 2 of 5
8. SUPPLIERS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the
District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and
of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent
obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall
have no obligation to pay or to enforce the payment of any monies to any supplier.
9. TRAVEL, TRANSPORTATION AND ACCOMMODATIONS
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
10. INVOICES
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District-issued Purchase Order (PO) number, detailed
work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentati on via email to AP@ocfair.com (the District’s
preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa
Mesa, CA 92626.
Upon contract award and throughout the duration of the contract, Contractor shall work with the District to
ensure invoicing needs are continually met.
11. PAYMENT
Payments to the Contractor will be made by the 32nd District Agricultural Association and paid in full within
30 days upon satisfactory completion of each event and receipt of proper invoice.
12. PRICING/FINANCIAL PROPOSAL BID FORM
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the contract. The
estimated quantities provided are based upon historical experience and anticipated future needs, and may
change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage
by the Service Type rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the
effort, if approved by the District, during the implementation of this contract.
13. MEGAN’S LAW SCREENING
All of Contractor’s employees, agents, servants, volunteers, independent contractors and/or employees,
agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing
job related duties on District premises must pass background checks under “Megan’s Law” as required by
the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to
time), and any other reasonable background checks that may be required by the District as a result of
policies adopted by the District’s Board of Directors. Contractor will certify in writing that they have
conducted the required screening and will indemnify the District for any negligence arising out of or
connected with their obligations pertaining to the required screening. Contractor shall not be held liable for
the lack of or inaccuracies in reporting made available by the states. A full, true and correct copy of the
District’s current Megan’s Law policy is attached.
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ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
Page 3 of 5
14. RIGHT TO REPLACE/DISMISS
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted
services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s
onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor or of Contractor’s
permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive
behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District
may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance or
condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to
correct the behavior, performance or condition giving rise to the notification described herein, the District
may demand that Contractor (or Contractor’s subcontractor, as the case may be) cease using said
employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will
promptly comply with such request. If the District requests replacement of onsite personnel or any of its
members, Contractor must furnish a replacement immediately or as otherwise determined necessary by the
District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s
employees or of Contractor’s subcontractor’s employees. The District retains the right to review the resumes
of all Contractor personnel and confirm compliance.
15. GRATUITIES
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32nd District
Agricultural Association, as employees and officers are not permitted to accept them under any
circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any g ifts. This includes
cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to
perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of
the employee and a performance violation notice issued to the Contractor.
16. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of
conforming to contract requirements and to standards of good workmanship; Contractor’s record of
forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative
aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to
customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s
business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person
meetings, as determined necessary by the District. The District retains the right to notify Contractor of any
performance issues at any time for the duration of the contract term. Notification will be provided in writing to
Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for
compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen
(15) days of District’s notification to Contractor.
Failure to supply equipment and/or personnel as required may result in a notice of default and/or an
adjustment to the fees charged for equipment and/or labor.
Contractor may be disqualified from potential bidding opportunities if the District deems Co ntractor as
unresponsive to repeated requests for corrective action.
17. NON-EXCLUSIVE AGREEMENT
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other
contractors for work of a similar or identical nature.
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ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
Page 4 of 5
18. TERMINATION
The District reserves the right to terminate any contract at any time with or without cause by giving the
Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become
effective. Such termination shall relieve the District of further payment, obligations and/or performances
required in the terms of the contract.
19. FORCE MAJEURE
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 party shall have any further
liabilities and/or obligations in connection with this agreement.
20. PHONE NUMBERS
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24-
hour “On Call” phone number for emergencies.
21. VEHICLES, EQUIPMENT AND SUPPLIES
All vehicles and equipment such as utility carts, trucks, trailers, vans, boom lifts, scissor lifts, pressure
washers, back pack blowers, hand trucks, brooms, hoses and pickers and all cleaning supplies such as
stripper, detergents, sanitizers, air fresheners and other chemicals shall be owned and/or provided by
Contractor. The District will provide consumable paper products, waste receptacles and plastic waste
receptacle liners. All vehicles and equipment will be clearly marked with Contractor’s company name
and/or logo. Equipment shall be in proper operating condition with all guards in place. No equipment shall
be left unattended. Equipment and supplies must be stored in designated areas agreed upon by the
District. All Safety Data Sheets (SDS) for all chemical-cleaning products used must be on-site accessible
by the District, per Global Harmonization System (GHS). Contractor shall take all necessary safety
precautions when using vehicles, equipment and cleaning products. Drivers of all vehicles and equipment
shall possess a valid driver license and be 18 years of age or older. Street sweepers should be South
Coast Air Quality Management District Rule 1186 certified and Rule 1186.1 compliant and no older than 2
years. Contractor shall furnish all necessary labor, supervision, equipment, tools, materials (excluding
dumpsters), permits, transportation and insurance in the performance of these specifications.
22. VEHICLE UTILITY CARTS
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not
permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall
possess a valid driver’s license and be 18 years of age or older and abide by all applicable local, State and
Federal laws related to cart safety. Weather protection of equipment is the responsibility of the Contractor.
23. VENUE CLEAN-UP
a. Contractor is to keep job site clean daily and upon project completion.
b. Contractor shall sweep and blow all debris daily and upon project completion.
c. Contractor will dump all green waste in the provided 40 yard dumpster on OCFEC grounds.
d. Do not dispose of any construction material or project waste on OCFEC grounds or in OCFEC
containers.
e. Contractor is to keep all compound and chemicals out of storm drains & sewers.
f. Contractor will protect ground surfaces from oil and other leaks that may come from service trucks.
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ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
Page 5 of 5
24. PERSONNEL POLICY
All Contractor employees must receive an orientation on the duties they will be required to perform, safety
training to ensure employees working with chemicals are familiar with SDS per GHS and harassment
training (prior to working). In addition, ongoing customer service training will be required during the term of
this contract to educate current employees and new hires. Contractor is required to supply all required
training and a schedule of planned training shall be provided to the District at the beginning of every quarter
in January, April, July and October. All employees will be issued an OC Fair & Event Center “Contractor”
photo identification badge annually. Identification badges must be worn at all times while on the property;
when entering and while working on the grounds. Badges will have the name visible and worn on the upper
right or left torso. All badges must be returned from terminated employees. All other employee badges
must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and
regulations stated in the Employee Handbook provided by the District.
25. UNIFORMS AND BADGES
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable
prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to wear badges, identification cards, and/or credentials in a
clearly visible location (per attached procedure) while Contractor’s employees are on the District’s premises.
Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge
annually. Identification badges must be worn at all times while on the property, when entering and while
working on the grounds. Badges shall have the name visible and worn on the upper right or left torso.
Badges are specific to each person and are non-transferable. All badges must be returned from terminated
employees. All employees must abide by the rules and regulations stated in the Employee Handbook
provided by the District.
26. SUBCONTRACTING
Subcontracting of goods or services must be approved in writing, by the District.
27. FIRE REGULATIONS
All fire regulations as prescribed by the State Fire Marshal must be strictly adhered to.
-End Exhibit H-
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EXHIBIT I – COVID-19 INFECTION MITIGATION PROTOCOL & PROCEDURE GUIDELINES
1 of 3
1. SCOPE
As a result of the worldwide COVID-19 pandemic, the 32nd 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 COVID-19. If the intended participant
tests positive for COVID-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) COVID-19 quarantine period.
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EXHIBIT I – COVID-19 INFECTION MITIGATION PROTOCOL & PROCEDURE GUIDELINES
Page 2 of 3
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.
6. 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.
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EXHIBIT I – COVID-19 INFECTION MITIGATION PROTOCOL & PROCEDURE GUIDELINES
Page 3 of 3
8. 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 than 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
-End Exhibit I-
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Attachment 3
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