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PD Police Traffic Unit Motorcycle TrainingSOLANO COUNTY FAIR ASSOCIATION License Agreement for Interim Event Agreement Number: 2013 - 037 Date: June 8, 2013 This License Agreement is made and entered into by and between the Solano County Fair Association, a non-profit corporation and an agent of the County of Solano (hereinafter referred to as SCFA, and San Rafael Police Department, herein referred to as "Renter." Premises. As an agent for the County of Solano, SCFA is permitted to use, possess and manage the Solano County Fairgrounds. SCFA authorizes Renter to occupy and use the following portion of the premises for the following purpose(s): Premises to be used: See Attachment A Purpose: Police Traffic Unit Motorcycle Training Event Date(s): TBD by appointment commencing Monday, June 17, 2013 thru Tuesday, December 31, 2013 , 2. Rent. Renter will pay SCFA rent for the use of the premises as specified in Attachment A. Rent shall be paid in addition to any other applicable fees as set forth in this agreement and/or attachments to this agreement, and/or as requested in writing by Renter. Rent is due and payable as specified in Attachment A. 3. Use. The premises shall be used solely for the purpose(s) set forth in Paragraph 1, above. Any additional use of the facility other than the uses outlined in this Agreement must be approved in writing by the SCFA. Renter is responsible for adhering to and complying with all applicable local, state, and federal regulations without limitation, for obtaining all permits, licenses, reviews, and approvals for the event. 4. Additional Responsibilities of Use. Renter shall be responsible to provide the following: ✓ Insurance certificate in the amount and with the assignments designated below. ✓ Security plan provided by Renter and approved by the General Manager. ✓ A staffing plan, approved by the General Manager or his designee, to assist patrons, safely place the vehicles, control crowds and secure the grounds and patron's property at all times whilefthe premises are in use. 5. Conditions of Use: Renter shall be solely responsible for: ✓ Control of customers, participants and general public. ✓ Ensuring vehicle or pedestrian access to other areas of SCFA property as directed by the SCFA General Manager. ✓ Obtaining written approval prior to distribution. 61 any promotional products or advertising that reference the operations permitted under this agreement. ✓ Providing reasonable space, the location of which is acceptable to User and SCFA, for SCFA food concessions if requested and provided by SCFA. ✓ Cooperating with SCFA regarding parking of vehicles associated with the event. Renter understands that SCFA may charge a per -vehicle per -day fee for parking at rates as shown in Attachment A. ✓ Paying immediately upon invoice, at SCFA standard rates, for any additional use of SCFA labor, equipment, services and facilities not specifically provided for in this Agreement. 6. Term. This Agreement shall be from Monday, May 15, 2013 8:00 am through Tuesday, December 31, 2013 6:00 pm. 7. Termination: Either party may immediately terminate this agreement upon a breach of any terms or conditions set forth herein. In the event that portion of the fairgrounds used by Renter under this agreement is to be demolished for any reason or the area is unavailable due to redevelopment, SCFA, in their sole discretion, may elect to terminate this Agreement after providing Renter with not less than 180 days written notice. If determined to be feasible at the sole Agreement Number., 2013-037 (SCFA Form Revised 2,281131 Page 1 of 6 discretion of SCFA, SCFA may also elect to allow Renter to temporarily or permanently relocate on the fairgrounds for the balance of the term of this agreement. If in Renter's reasonable judgment the relocation site offered by SCFA is not suitable, Renter shall have the right to terminate this agreement upon written notice to SCFA within 60 days of SCFA's relocation site offer, without penalty or further obligation. SCFA will not be obligated to offer an alternate relocation site in the event that any proposed relocation site is rejected by Renter. SCFA shall have no liability to Renter as a result of the termination of this agreement due to the unavailability of the Premises resulting from its demolition or due to Renter's rejection of a proposed relocation site. 8. Schedule of Estimated Fees and Requirements: See Attachment A. SCFA does not provide equipment such as forklifts, man -lifts, ladders, hand or power tools, electrical extension cords, etc. Use of such items owned, leased, or rented by SCFA will require their operation by SCFA personnel, which will be billed at standard equipment and labor rates. Additional facility or equipment rental, service or damage charges will be billed shortly after the conclusion of the event and will be payable immediately on receipt of invoice. 9. Food and Beveraae Service: SCFA may, but is not obligated to, provide a food and beverage concessionaire during Renter's event. All revenues from such food concession shall accrue to SCFA. Renter is granted the right under this agreement to provide food and/or non-alcoholic beverages as shown on Attachment A. Renter is responsible for adhering to and complying with all applicable local, state, and federal regulations without limitation, for obtaining all permits, licenses, reviews and approvals for food and/or non-alcoholic beverages provided by Renter at the event. Renter is granted no right or license under this agreement to sell or otherwise dispense @W alcoholic beverages. Further, Renter will cooperate with SCFA to prevent alcoholic beverages from being brought onto the property and/or into the event. SCFA and its designated exclusive alcoholic beverage vendor are the only parties permitted to sell, dispense or otherwise allow alcoholic beverages anywhere on the property of SCFA. 10. Interference. Renter agrees to conduct its operations under this Agreement in a manner that will not cause interference to SCFA and other users of the premises. If Renter's operations cause interference, Renter is required to immediately correct the problem or SCFA may, at its option, terminate Renter's event. All operations by Renter shall be lawful and in compliance with all local, State and Federal requirements, rules and regulations. 11. Taxes. Renter shall pay, prior to delinquency, any and all taxes associated with Renter's operations on the premises. If applicable, Renter agrees to obtain a sales tax permit from the State Board of Equalization and will be responsible for payment of taxes levied on any such interest. 12. Insurance Reauirements. The parties understand, acknowledge and agree that Renter has no commercially purchased insurance policies and is self-insured for general liability for the first $500,000.00. Under a "Memorandum of Coverage", the Renter does participate in a public -entity excess liability "pool", the California Joint Powers Risk Management Authority (CJPRMA), for additional liability coverage in excess of the initial $500,000.00 self-insured retention. Upon request, CJPRMA will issue an "additional covered party" certificate to SCFA which will provide SCFA with liability coverage in excess of the $500,000 self-insurance ark unt up to $3,000,000 per occurrence. SCFA understands, acknowledges and agrees that this statement of self ir)su ance and any additional covered party certificate (issued upon request) satisfies the Renter's insurance regwArrie ats der this Agreement. / I Change Approved for SCFA By: Date-- A. ate-_n Genesi PFGViS*C)n S• 1. Coverage Li m-i#s-__t_,cll mainitir,, c1 iii 8Gle GOSt, Wead FeFm PUbliG LiabiliPY mann"oe,-+asfad}ag pmd-nt I 4nholob; Qn�� Fage if ReRt8F'S gFaRted pewAiG69GR W Sell, give away eF provide fGed v n _ n zlr_3hetls fellows; a 1401 :: zf42act mi rr3ad as theGUFF9Rt Irx;-Arsn^ 01. L*iitc y; ­i, -not -be-Iecc th/An e1,000,000 gFeater than c limier, irsa, ins "ain`i sl' liability of RenteF and its authWiZed FelpFeseRlatives Agreement Number. 2013-037 Page 2 of 6 [SCFA Farm Revised P2a113] discretion of SCFA, SCFA may also elect to allow Renter to temporarily or permanently relocate on the fairgrounds for the balance of the term of this agreement. If in Renter's reasonable judgment the relocation site offered by SCFA is not suitable, Renter shall have the right to terminate this agreement upon written notice to SCFA within 60 aays of SCFA's relocation site offer, without penalty or further obligation. SCFA will not be obligated to offer an alternate relocation site in the event that any proposed relocation site is rejected by Renter. SCFA shall have no liability to Renter as a result of the termination of this agreement due to the unavailability of the Premises resulting from its demolition or due to Renter's rejection of a proposed relocation site. 8. Schedule of Estimated Fees and Requirements: See Attachment A. SCFA does not provide equipment such as forklifts, man -lifts, ladders, hand or power tools, electrical extension cords, etc. Use of such items owned, leased, or rented by SCFA will require their operation by SCFA personnel, which will be billed at standard equipment and labor rates. Additional facility or equipment rental, service or damage charges will be billed shortly after the conclusion of the event and will be payable immediately on receipt of invoice. 9. Food and Beveraae Service: SCFA may, but is not obligated to Drovirde a food and beverage concessionaire during Renter's event. All revenues from such foci' == = y Renter is granted the right under th.s agree—e-: .c :,^o. ce 'ooa and or non-alcoholic beverages as sno.,n o - Attachment A. Renter is responsible for adher;ra to and complying with all applicable local, state, and federal regulations without Imitation, for obtaining all permits, licenses, reviews and approvals for food and/or non-alcoho is beverages provided by Renter at the event. Renter is granted no right or license under this agreement to sell or otherwise dispense a_y alcoholic beverages. Further, Renter will cooperate with SCFA to prevent alcoholic beverages from being brought onto the property and or into the event. SCFA and its designated exclusive alcoholic beverage vendor are the only parties permitted to set;. dispense or otherwise allow alcoholic beverages anywhere on the property of SCFA. 10. Interference. Renter agrees to conduct its operations under this Agreement in a manner that will not cause interference to SCFA and other users of the premises. If Renter's operations cause interference, Renter is required to immediately correct the problem or SCFA may, at its option, terminate Renter's event. All operations by Renter shall be lawful and in compliance with all local, State and Federal requirements, rules and regulations. 11. Taxes. Renter shall pay, prior to delinquency, any and all taxes associated with Renter's operations on the premises. If applicable, Renter agrees to obtain a sales tax permit from the State Board of Equalization and will be responsib.e for payment of taxes levied on any such interest. 12. Insurance Requirements. The parties understand, acknowledge and agree that Renter has no commercially purchased insurance policies and is self-insured for general liability for the first $500,000.00. Under a "Memorandum of Coverage", the Renter does participate in a public -entity excess liability "pool", the California Joint Powers Risk Management Authority (CJPRMA), for additional liability coverage in excess of the initial $500,000.00 self-insured retention. Upon request, CJPRMA will issue an "additional covered party" certificate to SCFA which will provide SCFA the same gcc inc pre A with liability coverage in excess of the $500,000 self-insurance ar� un up to $3,000,000 per occurrence. SCFA understands, acknowledges and agrees that this statement of self-ir)su ance and any additional covered party certificate (issued upon request) satisfies the Renter's insurance requArnots der this fAgreer ent Change Approved for SCFA BY �---r ate. G- l ( �� � , r7 �} ��� /, I 3 !�I 1. ilk coot, I?rrsg Fwm Rut is Lia ility inclvt: ng R pt L21cillt)' G-veFagiS if AeRteF *6 gFaF;ted PGFFniG6'GR tG Bell, give away GF provide food andiier nen aIGGhG!IG 11%I li&kiV..' a 6eacrkl lsabilitvGA-Se-ml Liati'ity GGveFage, Gn aR GGGurFeF4G9 Lsiiu, at I the sufart Incaran- sc `lag^ 91,000,000 h4hzr limitc ara Fequired as 1deRtified belaw) with aggregate limits equal to 9 gfe"r thin tha ess6irreRGO limit, ir,augAg-a36nst cll Agreement Number. 2013-037 Page 2 of 6 (SCFA Form Revised 228173) uigh,�,�r—r-, vral liatility Dea„iremen+n �c.r ` urardeas-E-ven ! �mtc chc'l, O-PA4 ", thin 93,000,000 itha rcis! gate and a.,., rn„gh, stwn cO C FRid gate anrf with any Rougher , , ,`� til rave type ^ ^^tS ^^"-^irw! k_411c,, cll t pas cf entr.lmle- vbitrvnn cnti,.jI%t c --rt rscng-. b. Auteme 4e Uabiiiti Cvmmcrrytl AwVom Ic;iv liskili7j, cn c pw sviNgvnt ! scin� at 1wast ac 'trvog-as tl�i: cwrsnt ISQ-Wlict, fcrm NVA M"11, Cy rnbcl ui (/'nt, hbtc) with limN ct nO Is. -c then 91,MC\WG . c shall he T.,4intainSd nnver,ng Renter's employees, as requiFed by 19*. ith 1ir11t4$1,900,000 peF eeGug-eacs chill. t . 1 i /".+r.pr,L _ Thn Dnntnr o neo tF�.�t tho nnmmnrni^I nnn I IAL, %, (and autemnhile liability, wG*aM' mrnppw'riat%r'., mclias; makes if Qr?'i_3W.) inewarcc ccvcrrsc NirCn prcvided fcr Rhall hc! in effect at all Vrnsc dYFIRg the teFrh of this reentract. In th. sveRt said inc►ranse Gevwage n„nirn� n n^nGelled at c,ry tirry er timcc ptier to er Owrirq the tv m of this 2c tr%1, wpvw-c :c pfavi ; the fi , Ocr r;d f inewwrise-evsdeRGiRS inc►ren^ th✓An ane (1) yeaF. New GeFtiflGat ccs thr2 rr essupaflstf or aGtiVity shall be perfermed prieF to the givifig Of SUGh appFaval. In -..t the ReRteF fails to keep in e#eGt at ail tL c, s it Pray have, take .. 3 fellewinn antienr.. (1) rlenlare a material hreanh by Dnntnr and tcrmirst^ this. nnntrant• 21 deny r cntil n � inawan^ effnntj anr! (3) nIct/Ain evsh insUFaRGe GeveFage and dedwGt prernivmc. f tcec C twv `! 'IfMr.r, weir tips w ntrut. 3. Renter's-Responc'b'� Not�,ghern shall hs ssa6#611d aC Iknitin p17 he held resp9RSinhln_ fn -.r damages resWItinn from Renter'sepeF mtinnc ante_vr venc ar n nlinnnna c rn nvrn s,:,cvnte epc-s er ahsll it pr2sk-ide!a1lable to it 6Rde , rs puxwart. t 1. Ced4i Ld-Gapies--of--P-G ic€es----UpoA -req,.420 fit, i'=A, "nfVnr 4hrsll irr\^^�r`ic�fsM a scmp`ty cc;?t if GFigiRal Dartinipant Waivers __ C i'►0 participant a eats the Dnntnr agrees to obtain a 13periy-eXeGUted �ndai„nr Cerm) frem each p,;.rtVpant pri paFtisipaRt-evcn+h irrl11` evs\ntn TA4 ; ; and wheeled eveRts,, cmia Rain gag,nes A„therity at (916) 001 0010 f 6. Other Requirements and Endorsement Language — Al; the ins►s.ne reg„irn,t „n�,nr thi^ egre� cnt shall: a. Be isswer<c s, Frir-rvy poliGy. b—.Gcntrain a ctratemeat-by-the inavmrn^ G. 13e eadersed vti++id tip--#rallewing ���i�i� !c►y:.:��� Agreement Number. 2013-037 Page 3 of 6 'SOFA Form Rewsed 228'13' (1 Th -e Soll-ano County Fair- 7 the County of 7 the State of CaWomia and each agenGy�s f f empf f f f f and appointed boardoperations by -or o behalf of the named insured in the erixrmaxwn of this Agreement _ he insurance ....veiln.%�n�aeea it xrirxan� �xrl rfr. insr y{M-16V hr-oMR4ariz��hy the So%ano Cor: my F$f��$Sfi�a �n C�nf+nz t��r of Solano, or -the -State -of �fornitY.shal7be Galled upon to nontributs to a less B. E 0 fir\zanne }n C/'`CA by one of the inlln,feinn• 1. ins►rense-Gertifk; W A toned nigin-_\' c,_\rtifi2jVr -2f inrzwapze-�thc /'/.:.' M Sir. is �--.cpA lr', ctc forth thug ,. a. ! i2t zc th "That f the Crounty of Solano, valunteeFs -and efented OF appointed f are named as additional insured for aM kabui ing out of the Gperations by or- Gn behalf of the named insured in the peFioFmance of th b. "tay; They cett�_, kf incs*-Xicm crs!-e*p4411iV1 211 ih+c 1MQVt7K:7. For-indlviduat- en#c, the 'lpGGific int dates must he listed along with all set-up and to-ar d -whin dates. c. Csnaal'%tle^ �lvtkly: A staimsnt Ly the inpurance cwr.­,Q-ny thN itw l mt ve?x2l cr rcduYv Wa lir:4its d Cortificn-: 4c1lar: 921sno Gaus Fair Axociavaki, I'QC Fc�,rgnzm rda Pr., ',/Ulria QA 94589, 7-1:\2t �c 1:x,40, rc tri . 3e rnr,N Bepa4meritcf Inco iae: f. InCtr_Q'_' The Renter must he speGif'nnlly listed ac the Inc„rerJ 2. Cr -SA Siaeoial Events P aNrr`m Thio R%-,rhv rYtaine ltoY�41 L prnten+inn thrnug44he-Gail mic, Fair ier,, A,_*,o ity (CFIEA) lip w;cl 51fcr1!r__ Pr-.SrL-i, ^ikhn cel ?a lc\ (Dj F L th8tandiR@ any ^:hv Ag;eemen+ the nrnVisiea-amiability nft-\vr4tc thr-Gugh CP'2'A'e gpsicirl Ev,-,n' f-'regrDn1,r will @Q-t4#y�--t#6 3 Master Certificates D n sten+ m,.o+er ner#ifin.,}c 0 incur � fn 4hn R #er h hoc nnnrn,•er1 h i anti i J file,.,it., ,e-v.,h GalifernA Fdr C IMit`.) rte, „r�Ved by this Agreement.) 4. Safi#r\ nic Fair Se-'es Date: 13. Indemnification and Hold Harmless. Renter wi I indemnify, hold harmless and assume defense of, in any action of law or equity, the Solano County Fair Association the County of Solano, the State of California, and each agency's officers, employees, agents and elective and appointed boards, from all claims, losses, damages, including property Agreement Number: 2013-037 Page 4 of 6 [SCFA Form Revised 2,29/131 damages, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from the operations of Renter or of any persons directly or indirectly employed by, or acting as agent for Renter, but not including the sole negligence or willful misconduct of SCFA. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the services rendered pursuant to this Agreement, as well as during the progress of rendering such services. Acceptance of insurance certificates required under this Agreement does not relieve Renter from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to all damages of every kind suffered, by reason of any of Renter's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 14. Notices. Any notice provided for herein necessary to the performance of this Agreement shall be given in writing by personal delivery or by prepaid first-class certified or registered mail, return receipt requested, or reliable overnight courier addressed as follows: SCFA: Solano County Fair Association Renter: San Rafael Police Department Attn: General Manager Attention: Sgt Jaime Correa, Traffic Unit 900 Fairgrounds Drive 14005 th Avenue Vallejo, CA 94589 San Rafael, CA 94901 Office: (415) 485 — 3034, Cell: (415) 725 - 4508 Email: 439@srpd.org Either party may change its address by giving the other notice of a new address in accordance with the terms of this Section. All payments to SCFA required hereunder shall be sent to the address specified for SCFA above. 15. Assignment. Renter may not assign, transfer, or sublet its rights and obligations arising under this Agreement without the prior written consent of SCFA. 16. Enforcement. SCFA shall have the right to audit and monitor any and all sales and the right of access to the premises. SCFA shall be permitted to enter and inspect the licensed premises at any and all times. 17. Modification. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid, unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated within this Agreement and no alterations or variations of the terms of this Agreement, unless made in writing and signed by the parties, shall be binding upon any of the parties to this Agreement. 18. Advertisina. SCFA reserves the right to approve all advertising copy connected to Renter's operation. Any advertising cost for Renter's operations shall be borne solely by Renter. 19. Rules and Requlations. The policies governing rental of facilities established by SCFA are made part of this Agreement as though fully incorporated within this Agreement. Renter agrees that he/she has read this Agreement and the Policies, and agrees to abide by them. In the event Renter fails to comply in any respect with the terms of this Agreement and the Policies Governing Rental of Facilities, all payments made by Renter under this Agreement shall, at the option of SCFA, be deemed earned and non-refundable by the SCFA, and the SCFA shall have the right to occupy the rented premises in any manner deemed ip-the best interest of the SCFA. Le r 20. Maintenance. Renter agrees to maintain the rented prem6es or and any other area to which Renter has access by reason of this Agreement, in good condition, and to return these premises in the same condition as they were before use or access by Renter, except only for ordinary wear and tear, damage by the elements, acts of God or casualties beyond the control of Renter. Renter shall be responsible to pay the cost for any expenses borne by the SCFA as a result of Renter's failure to meet its obligations under this section of this Agreement. Renter shall conduct its business in an orderly manner; shall deposit all rubbish, slop, garbage, tin cans, paper, etc. in appropriate receptacles and shall keep the area within and surrounding the rented premises free from all rubbish and debris. SCFA will provide receptacles to accommodate a reasonable amount of rubbish but in no case to exceed two (2) cubic yards of rubbish. Any rubbish exceeding the receptacles provided shall be disposed of at the expense of the Renter. 21. Fair Emolovment Practices: Renter agrees to comply with all applicable laws, regulations and executive orders regarding employment and equal access to public facilities. In the use of the premises, Renter will not discriminate against an employee or applicant for employment because of race, color, religion, ancestry, sex, national origin, sexual orientation, age, physical or mental disability, medical condition, or any other protected class. Such action Agreement Number: 2013-037 Page 5 of 6 (SCFA Form Revised 228/731 shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 22. Americans with Disabilities Act. Renter agrees to comply with all aspects of the Americans with Disabilities Act in rendering services under this Agreement. 23. Non -Discrimination. In operating this Agreement, Renter agrees to comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion or sexual orientation. 24. Risk of Loss. All risk of loss, damage, injury or liability of any nature whatsoever to Renter or its property arising in any respect, directly or indirectly out of use or occupation of any part of the premises of the Association pursuant to this Agreement shall be borne by Renter. 25. Sound and PA Devices. SCFA reserves the right to monitor the use of all sound and P.A. devices: (1) to ensure compliance with any laws and ordinances applicable to the use of said equipment, including noise ordinances; and (2) to ensure that residents in the neighborhoods surrounding the Solano County Fairgrounds are not unreasonably disturbed. 26. License Fees/Tax Deposits. Upon request, Renter shall furnish to SCFA receipts for license fees and tax deposits. 27. Removal/Storage of Pr6oerty. Any property belonging to Renter, which is used in connection with this Agreement, must be removed from the premises at or before the expiration of the term of this Agreement. Any property not so removed may be removed and stored by the SCFA. Renter shall reimburse SCFA for any costs or expenses, including but not limited to reasonable attorney's fees, incurred in so doing. 28. Miscellaneous a. This License Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this License Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remaining provisions of this Agreement or the application of such provision to persons other that those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. c. This Agreement shall be construed in accordance with the laws of the State of California. The duties and obligations of the parties hereunder are performable in Solano County and such County or the Federa, District in which such County is located shall be the venue for any action or proceeding pursuant to this Agreement. 29. Guarantee of Performance of Agreement. Renter, in addition to signing and guaranteeing the performance herein specified, shall provide for a Guarantor of the performance as specified herein. Said Guarantor will equally, jointly, and severally be liable to SCFA for whatever damages SCFA may sustain as a result of Renter's default of th s Agreement, including, but not limited to; the payment of rens, and said Guarantor by signing below expressly agrees to pay any such sums due SCFA under this agreement. Sald Guarantor will not be liable to any greater extent than Renter and shall have the same defenses and offsets that Renter would have under this agreement. IN WITNESS WHEREOF, SCFA and Renter have executed this License Agreement. San Rafael Police Department sy�'1 ���IqI 0a -,J 6 City Manager Renter I Attest: ��/ C-�t"4, '-City Clerk Date: I /lII3 Date: Agreement Number 2013-037 '�'"!'�'''� '� to form- .-[SCFA Form Revised 228/131 SolaP.7�1 Qir Association z Michael . Palusza General Manage r Page 6 of 6 SOLANO COUNTY FAIR ASSOCIATIL License Agreement for Interim Event Attachment A Schedule of Estimated Fees & Reouirements Agreement *: 2013- 037 Renter: San Rafael Police Department Renter Contact: Sgt Jaime Correa, Traffic Unit; Office It: (415) 485 - 3034. Cell #: (415) 725 - 4508, Email: 439@srpd.org Event: Traffic Unit Motorcycle Training Rental Date(s): Monday. June 17, 2013 to Tuesday, December 31. 2013 8.00 AM 6:00 PM Event Date(s): TBD to TBD TBD , TBD Facility Fees Facility Name Comments Aenler must contact SdFA Event Coordinator not less than 72 hours in advance of proposed training session to request training date(s) and time(s). Event Coordinator K m Mini is the main point of contact for SCFA at (707) 551 - 2006 or kmini@scfair.org. If Kim is indisposed, Mark Coffman is the secondary point of contact for SCFA at (707) 551 - 2013 or Carnival Lot mcoffmar,@scfalr.org If.both Kim and Mark are indisposed. Stephen Hales is the tertiary point of contact for SCFA at (707) 551 - 2027 or shales@scfair org Permission must be received from one of these contacts prior to Renter coming on the facility to conduct training activities. Renter may not use paint on surface of Carnival Lot Equipment Fees Equipment Type Comments None Requested Staff. Services & Parking Fees Staff/Service/Parking Type Comments Liability nsurance Prov ded by Renter Food & Beverage Rentgr may provide food and/or non-alcoholic beverages to participants Deposits Deposit Type Comments Damage & Security Total Estimated Fees & Deposits S0.00 Payable in full 30 days prior to start of rental Saturday, May 18, 2013 Estimated Facility Fees Estimated Equipment Fees Estimated Staff, Services & Parking Fees Estimated Total Fees Estimated Damage & Security Deposits Please initial and date below to Indicate that you've read and understand the Estimated Fees and Requirements In Attachmegl A • CE gyy] ((4'iky Manager San Rafael Police Department: nite: 6/8/2013 4:04 AM Total Fee S000 S000 S0.00 Total Fee S000 S000 50.00 Total Fee S000 S000 S0.0o Deposit Amount S000 50.00 50.00 50.00 S0.00 S0.00 50.00 50.00 Solano County l=air Association License Agreernert for Interim Event Attachment A - Layout Agreement ,,,. 2013-037 Renter San Ratael Police Dep2rment Renter Contact. Sgt Jaime Correa iraff.c Ur t Office. fs i 5j 485 - 3034. Ceh: i;4i 5i 725 - 4508, Email. 43J(g srpd.org Lven: Traffrc Unit INlotcrcycle graining Rental Dates: Monda, June 17 20'3 8:00 am to Tuesday. December 31, 2013 6.00 pm 'vent Dates: TBD 5y appointment Please initial and cate be'o-r; to indicate that You've reviewed and � understand Attachment A- Layout S2r Rafael Police Department. B y ' ��;� lw( City Manager ia�r;�ysr Dated: 0(0 j ------------- �a-= 5"•'..r � i , =Rost r:uum., rI - + Tm rI'lu A''_i] y til L':1 r =r:crExi: i� 3 Flags-- C'1scrJIe--, J y .. Hi1:1 Cuwry ( dugruuuus CALIFORNIA 101 -NT POWEPS RISK MAN -A EMIEC,T.1 uTH0RITY Accredited with Excellence From the Califurnta AssotialiUn of Joint Puwerti Aurhortriec Certificate Bolder and Additional Covered Party: CERTIFICATE OF COVERAGE Solano County Fair Association 900 Fairgrounds Drive Vallejo. CA 94589 Attention: Kim Mini. Events Coordinator This certifies that the coverage Described herein has been issued to: City of San Rafael Description of Activit}: Police Department Traffic Unit will be using the Fairgrounds for Motorcycle Training. Date(s) of Aetiflty: 05115'2013-12/3112013 (Specific date TBD) I Location of Activity: Solano County Fairgrounds Certificate Entity Providing Coverage Excess Coverage Expiration Date California Joint Powers Risk Management Authority S2. 500,000 6!30'2013 excess of $ 500,000 'file following coverage is in effect and is provided through participation in a risk sharing joint powers authority: comprehensive general liability, automobile liability, and public officials errors and omissions; as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section 11, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the aotiv'ity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or Alowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. 1 6/11/2013 Date Authorized Signature David J. Clovis, ARM, General Manager Name and Title (Print or type) rorm C Reciser103r24 2010 3201 Doolan Road., Suite 285 • Livermore. CA 94551-7570 9 Plione (925) 837-0667 • FAX (925) 290-1513 CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY Request for Certificate of Coverage Member: City of San Rafael Sub -Member (if any): Additional Covered Parry: Solano County Fairgrounds Association Street Address: 900 Fairgrounds Drive City, State and Zip: Vallejo, CA 94589 Attention: Kim Mini, Events Coordinator Description of event or activity for which coverage is requested: Police Department Traffic Unit will be using the Fairgrounds for Motorcycle Training. Date(s) of Event or Activity: May 15, 2013 -December 31, 2013 (Specific dates TBD) Location of Event or Activity: Solano County Fairgrounds Expiration Date: December 31, 2013 Amount of Coverage Requested: $ 2,500,000.00 excess of $ 500,000.00 (S.I.R.) Please provide documentation which clearly indicates: that coverage is actually required; n the name of the party to be covered; n the specific nature of the event or activity; and the amount of coverage required. (Please verify that the amount of coverage requested conforms to the amount set forth in the documentation.) Individual Requesting Certificate: Eric T. Davis, Deputy City Attorney 11 Email Address: eric.davis@cityofsanrafael.org Phonc Number: 415-485-3080 Fax Number: 415-485-3109 E-mail or fax request to Saima(ia cjvrma. ore Revised- 0112013 3201 Doolan Road. Suite 285 • Livermore, CA 94551 • (925) 837-0667 • FAX (925) 290-1543 3 2� SOLANO COUNTY FAIR ASSOCIATION License Agreement for Interim Event Agreement Number: 2013 - 037 Date: June 8, 2013 This License Agreement is made and entered into by and between the Solano County Fair Association, a non-profit corporation and an agent of the County of Solano (hereinafter referred to as SCFA, and San Rafael Police Department, herein referred to as "Renter." Premises. As an agent for the County of Solano, SCFA is permitted to use, possess and manage the Solano County Fairgrounds. SCFA authorizes Renter to occupy and use the following portion of the premises for the following purpose(s): Premises to be used: See Attachment A Purpose: Police Traffic Unit Motorcycle Training Event Date(s): TBD by appointment commencing Monday, June 17, 2013 thru Tuesday, December 31, 2013 2. Rent_ Renter will pay SCFA rent for the use of the premises as specified in Attachment A. Rent shall be paid in addition to any other applicable fees as set forth in this agreement and/or attachments to this agreement, and/or as requested in writing by Renter. Rent is due and payable as specified in Attachment A. 3. Use. The premises shall be used solely for the purpose(s) set forth in Paragraph 1, above. Any additional use of the facility other than the uses outlined in this Agreement must be approved in writing by the SCFA. Renter is responsible for adhering to and complying with all applicable local, state, and federal regulations without limitation, for obtaining all permits, licenses, reviews, and approvals for the event. 4. Additional Responsibilities of Use. Renter shall be responsible to provide the following: ✓ Insurance certificate in the amount and with the assignments designated below. ✓ Security plan provided by Renter and approved by the General Manager. ✓ A staffing plan, approved by the General Manager or his designee, to assist patrons, safely place the vehicles, control crowds and secure the grounds and patron's property at all times while the premises are in use. 5. Conditions of Use: Renter shall be solely responsible for: ✓ Control of customers, participants and general public. ✓ Ensuring vehicle or pedestrian access to other areas of SCFA property as directed by the SCFA General Manager. ✓ Obtaining written approval prior to distribution of any promotional products or advertising that reference the operations permitted under this agreement. ✓ Providing reasonable space, the location of which is acceptable to User and SCFA, for SCFA food concessions if requested and provided by SCFA. ✓ Cooperating with SCFA regarding parking of vehicles associated with the event. Renter understands that SCFA may charge a per -vehicle per -day fee for parking at rates as shown in Attachment A. ✓ Paying immediately upon invoice, at SCFA standard rates, for any additional use of SCFA labor, equipment, services and facilities not specifically provided for in this Agreement. 6. Term. This Agreement shall be from Monday, May 15, 2013 8:00 am through Tuesday, December 31, 2013 6:00 pm. 7. Termination: Either party may immediately terminate this agreement upon a breach of any terms or conditions set forth herein. In the event that portion of the fairgrounds used by Renter under this agreement is to be demolished for any reason or the area is unavailable due to redevelopment, SCFA, in their sole discretion, may elect to terminate this Agreement after providing Renter with not less than 180 days written notice. If determined to be feasible at the sole Agreement Number. 2013-037 Page 1 of 6 (SCFA Form Revised 2/28/131 discretion of SCFA, SCFA may also elect to allow Renter to temporarily or permanently relocate on the fairgrounds for the balance of the term of this agreement. If in Renter's reasonable judgment the relocation site offered by SCFA is not suitable, Renter shall have the right to terminate this agreement upon written notice to SCFA within 60 days of SCFA's relocation site offer, without penalty or further obligation. SCFA will not be obligated to offer an alternate relocation site in the event that any proposed relocation site is rejected by Renter. SCFA shall have no liability to Renter as a result of the termination of this agreement due to the unavailability of the Premises resulting from its demolition or due to Renter's rejection of a proposed relocation site. 8. Schedule of Estimated Fees and Reauirements: See Attachment A. SCFA does not provide equipment such as forklifts, man -lifts, ladders, hand or power tools, electrical extension cords, etc. Use of such items owned, leased, or rented by SCFA will require their operation by SCFA personnel, which will be billed at standard equipment and labor rates. Additional facility or equipment rental, service or damage charges will be billed shortly after the conclusion of the event and will be payable immediately on receipt of invoice. 9. Food and Beveraae Service: SCFA may, but is not obligated to, provide a food and beverage concessionaire during Renter's event. All revenues from such food concession shall accrue to SCFA. Renter is granted the right under this agreement to provide food and/or non-alcoholic beverages as shown on Attachment A. Renter is responsible for adhering to and complying with all applicable local, state, and federal regulations without limitation, for obtaining all permits, licenses, reviews and approvals for food and/or non-alcoholic beverages provided by Renter at the event. Renter is granted no right or license under this agreement to sell or otherwise dispense a_y alcoholic beverages. Further, Renter will cooperate with SCFA to prevent alcoholic beverages from being brought onto the property and/or into the event. SCFA and its designated exclusive alcoholic beverage vendor are the only parties permitted to sell, dispense or otherwise allow alcoholic beverages anywhere on the property of SCFA. 10. Interference. Renter agrees to conduct its operations under this Agreement in a manner that will not cause interference to SCFA and other users of the premises. If Renter's operations cause interference, Renter is required to immediately correct the problem or SCFA may, at its option, terminate Renter's event. All operations by Renter shall be lawful and in compliance with all local, State and Federal requirements, rules and regulations. 11. Taxes. Renter shall pay, prior to delinquency, any and all taxes associated with Renter's operations on the premises. If applicable, Renter agrees to obtain a sales tax permit from the State Board of Equalization and will be responsible for payment of taxes levied on any such interest. 12. Insurance Reauirements. The parties understand, acknowledge and agree that Renter has no commercially purchased insurance policies and is self-insured for general liability for the first $500,000.00. Under a "Memorandum of Coverage", the Renter does participate in a public -entity excess liability "pool", the California Joint Powers Risk Management Authority (CJPRMA), for additional liability coverage in excess of the initial $500,000.00 self-insured retention. Upon request, CJPRMA will issue an "additional covered party" certificate to SCFA which will provide SCFA the same GeveFapi rA pr9vided to the AenteF undeF the Memerandum Of GGVeFagG with liability coverage in excess of the $500,000 self-insurance a unt up to $3,000,000 per occurrence. SCFA understands, acknowledges and agrees that this statement of self -i s ance and any additional covered party certificate (issued upon request) satisfies the Renter's insurance requ' is nder this Agreement. I. Change Approved for SCFA Bs': Date: 6/10b 1. Coverag le-- Ct, Wried Form Publin Liability IIRGUMAGe, inGluding P2 G-iL,rt L iat:7i. .6 beveFages u a. General Liability illty- - _49Fage;on as QGGWFFeAGf btsiq M. !east of than M,00A,= S (-Ansi higheF lima Sato limilk- aqua! -te-OF @FeateF than the Fuse-liMitc,'r Wring -against all lAbility e€ RenteF,and -its raLlth aF'Sil;g Gut of and iR GenneGtien with Ren !r'c ICC, I . Agreement Number: 2013-037 Page 2 of 6 (SCFA Form Revised 2/28/13) 2. FUntenance GI GGverage The V 6il-Ww2l YIl0Y, , wre lie -ceasemediral FnalpFaGt*Ge, if apphGable) ;,P aF;y tome GF times PFi9F tO OF dUFORO th9 teFFR Of thiS GO-"- t, RenteF agFees to proyide the fair, PFi9F tQ said w se than the ramAinder of the term of thS GGntFaGt, OF fGF a PeFied ef not less than one (1) year. New a-eartifin-ates of bl s -it Fray halve, ake OGGUpanGy and/OF withhold all payments C11119 W ReRt9F Rti1-a J thQt w ZRant ^.9 sponsib• s! ac limiting in any way the extent tn- whiGh ReRteF . GoveFage obtained in the rAoAffiM- Fa-aMe�r►ts-spesi#ied-abe r chill n eXGess-e%sa0 mknir7ton Coverage - Fier chill it pr seFi#aGt des+-,Fiacntc cr hj-laaw, iasled+Fig; b 1. C w[iMKI-GapiesGf Pelisies---Idp cntw iihall i► ^^sdlat9y-fArnIih a soFiplete sepy-e# e undeWite GFIgiRal pGW. % th^ P/Wep-agfees4G-ektair z F_7.sr a eseted A' Vrazerdeus Ret etefized events Fed , sludiFig bieysle, skates; ) P21 2212 fnr f, wthAr infagnatoon. 6. OthoF Fps and Endorsement L nquage--E414he inc rnn Agreement Number. 2013-037 Page 3 of 6 (SCFA Form Revised 2/28/131 f Gr- the stake -of California sha .n.otic-8 WO -the Selano Countv Fair A66-aWatiOn in acmoFdanGe *44th -the to-Irms of the 13. Evidence of Coverage! Prier te the r_,9FAFReAG9FAeAt Of MY nc p,.ecusnt ./-- this , 1. in-suiranr-te Certificate A signed GFig+ L\ !;rt c . "That directors,the State of CaMrnla, and each agenG& officer6, agents, employee&, managers, wakintaars and alantad r. appointed boat4s., are named as ad-difienal Ins, far- all Umbi aqFeemenV Y, Dates., The dates Of iKeptien and expiration ef the in-sur-ann-e. For Ind-1464dual events, the 6peGIfIG_ event dater, must be listed, along with all set-up and te-ar d -n -vin dates. Qq mixt ha Ctpv,rtm . f. Inzurcd The Res er m.Act icq speGifiGally listed as the IRsured. This P.sRteFabtains liability PFGtertien thmugh the Gali crn4 Fikir CerYises dins WY Gth9F t8FFA Of thiG We with Call erniia FI; s ' , the 13. Indemnification and Hold Harmless. Renter will indemnify, hold harmless and assume defense of, in any action of law or equity, the Solano County Fair Association, the County of Solano, the State of California, and each agency's officers, employees, agents and elective and appointed boards, from all claims, losses, damages, including property Agreement Number., 2013-037 Page 4 of 6 (SCFA Form Revised 02a/13] the the State Gf Calgernis an , of f dkeGtem, Volunteers and agenGy�s offiberis, agents, emplayearn, managem elected boards,each and appointed eperaUane by or- an behall of -the nam. -a -d the pe4brMan-ce -at -this Agreement f Gr- the stake -of California sha .n.otic-8 WO -the Selano Countv Fair A66-aWatiOn in acmoFdanGe *44th -the to-Irms of the 13. Evidence of Coverage! Prier te the r_,9FAFReAG9FAeAt Of MY nc p,.ecusnt ./-- this , 1. in-suiranr-te Certificate A signed GFig+ L\ !;rt c . "That directors,the State of CaMrnla, and each agenG& officer6, agents, employee&, managers, wakintaars and alantad r. appointed boat4s., are named as ad-difienal Ins, far- all Umbi aqFeemenV Y, Dates., The dates Of iKeptien and expiration ef the in-sur-ann-e. For Ind-1464dual events, the 6peGIfIG_ event dater, must be listed, along with all set-up and te-ar d -n -vin dates. Qq mixt ha Ctpv,rtm . f. Inzurcd The Res er m.Act icq speGifiGally listed as the IRsured. This P.sRteFabtains liability PFGtertien thmugh the Gali crn4 Fikir CerYises dins WY Gth9F t8FFA Of thiG We with Call erniia FI; s ' , the 13. Indemnification and Hold Harmless. Renter will indemnify, hold harmless and assume defense of, in any action of law or equity, the Solano County Fair Association, the County of Solano, the State of California, and each agency's officers, employees, agents and elective and appointed boards, from all claims, losses, damages, including property Agreement Number., 2013-037 Page 4 of 6 (SCFA Form Revised 02a/13] damages, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from the operations of Renter or of any persons directly or indirectly employed by, or acting as agent for Renter, but not including the sole negligence or willful misconduct of SCFA. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the services rendered pursuant to this Agreement, as well as during the progress of rendering such services. Acceptance of insurance certificates required under this Agreement does not relieve Renter from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to all damages of every kind suffered, by reason of any of Renter's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 14. Notices. Any notice provided for herein necessary to the performance of this Agreement shall be given in writing by personal delivery or by prepaid first-class certified or registered mail, return receipt requested, or reliable overnight courier addressed as follows: SCFA: Solano County Fair Association Renter: San Rafael Police Department Attn: General Manager Attention: Sgt Jaime Correa, Traffic Unit 900 Fairgrounds Drive 1400 5t° Avenue Vallejo, CA 94589 San Rafael, CA 94901 Office: (415) 485 — 3034, Cell: (415) 725 - 4508 Email: 439@srpd.org Either party may change its address by giving the other notice of a new address in accordance with the terms of this Section. All payments to SCFA required hereunder shall be sent to the address specified for SCFA above. 15. Assignment. Renter may not assign, transfer, or sublet its rights and obligations arising under this Agreement without the prior written consent of SCFA. 16. Enforcement. SCFA shall have the right to audit and monitor any and all sales and the right of access to the premises. SCFA shall be permitted to enter and inspect the licensed premises at any and all times. 17. Modification. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid, unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated within this Agreement and no alterations or variations of the terms of this Agreement, unless made in writing and signed by the parties, shall be binding upon any of the parties to this Agreement. 18. Advertising.. SCFA reserves the right to approve all advertising copy connected to Renter's operation. Any advertising cost for Renter's operations shall be borne solely by Renter. 19. Rules and Regulations. The policies governing rental of facilities established by SCFA are made part of this Agreement as though fully incorporated within this Agreement. Renter agrees that he/she has read this Agreement and the Policies, and agrees to abide by them. In the event Renter fails to comply in any respect with the terms of this Agreement and the Policies Governing Rental of Facilities, all payments made by Renter under this Agreement shall, at the option of SCFA, be deemed earned and non-refundable by the SCFA, and the SCFA shall have the right to occupy the rented premises in any manner deemed in the best interest of the SCFA. 20. Maintenance. Renter agrees to maintain the rented premises or and any other area to which Renter has access by reason of this Agreement, in good condition, and to return these premises in the same condition as they were before use or access by Renter, except only for ordinary wear and tear, damage by the elements, acts of God or casualties beyond the control of Renter. Renter shall be responsible to pay the cost for any expenses borne by the SCFA as a result of Renter's failure to meet its obligations under this section of this Agreement. Renter shall conduct its business in an orderly manner; shall deposit all rubbish, slop, garbage, tin cans, paper, etc. in appropriate receptacles and shall keep the area within and surrounding the rented premises free from all rubbish and debris. SCFA will provide receptacles to accommodate a reasonable amount of rubbish but in no case to exceed two (2) cubic yards of rubbish. Any rubbish exceeding the receptacles provided shall be disposed of at the expense of the Renter. 21. Fair Emolovment Practices: Renter agrees to comply with all applicable laws, regulations and executive orders regarding employment and equal access to public facilities. In the use of the premises, Renter will not discriminate against an employee or applicant for employment because of race, color, religion, ancestry, sex, national origin, sexual orientation, age, physical or mental disability, medical condition, or any other protected class. Such action Agreement Number 2013-037 Page 5 of 6 (SCFA Form Revised 2/28/131 shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 22. Americans with Disabilities Act. Renter agrees to comply with all aspects of the Americans with Disabilities Act in rendering services under this Agreement. 23. Non -Discrimination. In operating this Agreement, Renter agrees to comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion or sexual orientation. 24. Risk of Loss. All risk of loss, damage, injury or liability of any nature whatsoever to Renter or its property arising in any respect, directly or indirectly out of use or occupation of any part of the premises of the Association pursuant to this Agreement shall be borne by Renter. 25. Sound and PA Devices. SCFA reserves the right to monitor the use of all sound and P.A. devices: (1) to ensure compliance with any laws and ordinances applicable to the use of said equipment, including noise ordinances; and (2) to ensure that residents in the neighborhoods surrounding the Solano County Fairgrounds are not unreasonably disturbed. 26. License Fees/Tax Deposits. Upon request, Renter shall furnish to SCFA receipts for license fees and tax deposits. 27. Removal/Storage of Prooertv.. Any property belonging to Renter, which is used in connection with this Agreement, must be removed from the premises at or before the expiration of the term of this Agreement. Any property not so removed may be removed and stored by the SCFA. Renter shall reimburse SCFA for any costs or expenses, including but not limited to reasonable attorney's fees, incurred in so doing. 28. Miscellaneous a. This License Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this License Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remaining provisions of this Agreement or the application of such provision to persons other that those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. c. This Agreement shall be construed in accordance with the laws of the State of California. The duties and obligations of the parties hereunder are performable in Solano County and such County or the Federal District in which such County is located shall be the venue for any action or proceeding pursuant to this Agreement. 29. Guarantee of Performance of Aareement. Renter, in addition to signing and guaranteeing the performance herein specified, shall provide for a Guarantor of the performance as specified herein. Said Guarantor will equally, jointly, and severally be liable to SCFA for whatever damages SCFA may sustain as a result of Renter's default of this Agreement, including, but not limited to, the payment of rent, and said Guarantor by signing below expressly agrees to pay any such sums due SCFA under this agreement. Said Guarantor will not be liable to any greater extent than Renter and shall have the same defenses and offsets that Renter would have under this agreement. IN WITNESS WHEREOF, SCFA and Renter have executed this License Agreement. San Rafael Police Department By, I�'I rl"'w' """', City Manager Renter I Attest :��• City Clerk !/ Date: �/ / f'/ 83 Date: Agreement Number., 2013-037 ApproVed as to forftt� (SCFA Form Revised 228/131 Solano County Fair Association Michael A. Paluszak General Manager Page 6 of 6 SOLANO COUNTY FAIR ASSOCIATION License Agreement for Interim Event Attachment A Schedule of Estimated Fees & Reauirements Agreement #: 2013-037 Renter: San Rafael Police Department Renter Contact: Sgt Jaime Correa, Traffic Unit; Office #: (415) 485 - 3034, Cell #: (415) 725 - 4508, Email: 4394Esrpd.org Event: Traffic Unit Motorcycle Training Rental Date(s): Monday, June 17, 2013 to Tuesday, December 31, 2013 8:00 AM 6:00 PM Event Date(s): TBD to TBD THD TBD Facility Fees Facility Name Comments Renter must contact SCFA Event Coordinator not less than 72 hours In advance of proposed training session to request training date(s) and time(s). Event Coordinator Kim Mint is the main point of contact for SCFA at (707) 551 - 2008 or kminl@scfair.org. If Kim is Indisposed. Mark Coffman is the secondary point of contact for SCFA at (707) 551 - 2013 or Carnival Lot mcoffman@scfair org If both Kim and Mark are Indisposed, Stephen Halas is the tertlary point of contact for SCFA at (707) 551 - 2027 or shales@sclair.org Permission must be received from one of these contacts prior to Renter coming on the facility to conduct training actio ties. Renter may not use paint on surface of Carnival Lot. Equipment Fees Equipment Type Comments None Requested Staff. Services & Parking Fees Staff/Service/Parking Type Comments Liability Insurance Provided by Renter Food & Beverage Renter may provide food and/or non-alcoholic beverages to participants Deposits Deposit Type Comments Damage & Security Total Estimated Fees & Deposits S0.00 Payable /n full 30 days prior to start of rental Saturday, May 18, 2013 Estimated Facility Fees Estimated Equipment Fees Estimated Staff, Services & Parking Fees Estimated Total Fees Estimated Damage & Security Deposits Please Initial and date below to indicate that you've read and understand the Estimated Fees and Requirements In Attachment A B-)4 �(���Cli3ty Manager San Rafael Police Department y W mato ��t1' , !'r1/ 7 —.11 6/012013 4:04 PM Total Fee $000 SO.00 $0.00 Total Fee $000 $0.00 $0.00 Total Fee $000 50.00 $3.0a Deposit Amount fdo S0.00 S0.00 SO.00 $0.00 $0.00 $0.00 $0.00 Sclano County Fair Association License Agreement for Interim Event Attachment A - Layout Agreement #: 2013-037 Renter: San Rafael Police Department Renter Contact: Sgt Jaime Correa, Traffic Unit; Office: (415) 485 - 3034, Cell: (415) 725 - 4508, Email: 439@srpd.org Event: Traffic Unit Motorcycle Training Rental Dates: Monday, June 17, 2013 8:00 am to Tuesday, December 31, 2013 6:00 pm Event Dates: TBD by appointment Please initial and date below to Indicate that you've reviewed and understand Attachment A- Layout San Rafael Police Department: By: , C i t y Manager gway W. '' - HihDated : WOO Carl's Junior Sag° SuRel i ' 4. ff l ~+1 � b'sl Rooms Roule to/from `r Carnival Lot a ++ 1 Traln'ng Area , I 1 If Carnival Lot Training Area r Fairgrounds + Main Gate i Enter/Exit 6 Flaga Discovery Mngdom 0 �I W Solano County Fairgrounds PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft DID agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; kv bonds, and insurance certificates and endorsements.711WIC-5 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original I agreement and forwards copies to the I contracting department. To be completed by Contracting Department: Project Manager: Jim Correa, Police Department Project Name: Solano County Fair Association- License ap-reement for Interim Events Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. REQUEST FOR LEGAL SERVICES Date Requested: 05/08/13 Department: Police Dated Needed: 06/01/13 Contact: Jim Correa Telephone: 415-485-3034 I Request: (Be as specific as possible —Attach related backup material): Request to review usage license agreement for interim events and insurance requirement at the Solano County Fairgrounds. The two related documents were forwarded to Deputy City Attorney Eric Davis on 05/08/13. City Attorney Reply: Date Returned: � / � By: /�� SOLANO COUNTY FAIR ASSOCIATION License Agreement for Interim Event Agreement Number: 2013 - 037 Date: May 2, 2013 This License Agreement is made and entered into by and between the Solano County Fair Association, a non-profit corporation and an agent of the County of Solano (hereinafter referred to as SCFA, and San Rafael Police Department, herein referred to as "Renter." Premises. As an agent for the County of Solano, SCFA is permitted to use, possess and manage the Solano County Fairgrounds. SCFA authorizes Renter to occupy and use the following portion of the premises for the following purpose(s): Premises to be used: See Attachment A Purpose: Police Traffic Unit Motorcycle Training Event Date(s): TBD by appointment Monday, May 15, 2013 thru Tuesday, December 31, 2013 2. Rent. Renter will pay SCFA rent for the use of the premises as specified in Attachment A. Rent shall be paid in addition to any other applicable fees as set forth in this agreement and/or attachments to this agreement, and/or as requested in writing by Renter. Rent is due and payable as specified in Attachment A. 3. Use. The premises shall be used solely for the purpose(s) set forth in Paragraph 1, above. Any additional use of the facility other than the uses outlined in this Agreement must be approved in writing by the SCFA. Renter is responsible for adhering to and complying with all applicable local, state, and federal regulations without limitation, for obtaining all permits, licenses, reviews, and approvals for the event. 4. Additional Resoonsibilities of Use. Renter shall be responsible to provide the following: ✓ Insurance certificate in the amount and with the assignments designated below. ✓ Security plan provided by Renter and approved by the General Manager. ✓ A staffing plan, approved by the General Manager or his designee, to assist patrons, safely place the vehicles, control crowds and secure the grounds and patron's property at all times while the premises are in use. 5. Conditions of Use: Renter shall be solely responsible for: ✓ Control of customers, participants and general public. ✓ Ensuring vehicle or pedestrian access to other areas of SCFA property as directed by the SCFA General Manager. ✓ Obtaining written approval prior to distribution of any promotional products or advertising that reference the operations permitted under this agreement. ✓ Providing reasonable space, the location of which is acceptable to User and SCFA, for SCFA food concessions if requested and provided by SCFA. ✓ Cooperating with SCFA regarding parking of vehicles associated with the event. Renter understands that SCFA may charge a per -vehicle per -day fee for parking at rates as shown in Attachment A. ✓ Paying immediately upon invoice, at SCFA standard rates, for any additional use of SCFA labor, equipment, services and facilities not specifically provided for in this Agreement. 6. Term. This Agreement shall be from Monday, May 15, 2013 8:00 am through Tuesday, December 31, 2013 6:00 pm. 7. Termination: Either party may immediately terminate this agreement upon a breach of any terms or conditions set forth herein. In the event that portion of the fairgrounds used by Renter under this agreement is to be demolished for any reason or the area is unavailable due to redevelopment, SCFA, in their sole discretion, may elect to terminate this Agreement after providing Renter with not less than 180 days written notice. If determined to be feasible at the sole discretion of SCFA, SCFA may also elect to allow Renter to temporarily or permanently relocate on the fairgrounds for Agreement Number, 2013-037 Page 1 of 6 'SCFA Form Aevrsed 22& 131 the balance of the term of this agreement. If in Renter's reasonable judgment the relocation site offered by SCFA is not suitable, Renter shall have the right to terminate this agreement upon written notice to SCFA within 60 days of SCFA's relocation site offer, without penalty or further obligation. SCFA will not be obligated to offer an alternate relocation site in the event that any proposed relocation site is rejected by Renter. SCFA shall have no liability to Renter as a result of the termination of this agreement due to the unavailability of the Premises resulting from its demolition or due to Renter's rejection of a proposed relocation site. 8. Schedule of Estimated Fees and Reouirements: See Attachment A. SCFA does not provide equipment such as forklifts, man -lifts, ladders, hand or power tools, electrical extension cords, etc. Use of such Items owned, leased, or rented by SCFA will require their operation by SCFA personnel, which will be billed at standard equipment and labor rates. Additional facility or equipment rental, service or damage charges will be billed shortly after the conclusion of the event and will be payable immediately on receipt of invoice. 9. Food and Beveraae Service: SCFA may, but is not obligated to, provide a food and beverage concessionaire during Renter's event. All revenues from such food concession shall accrue to SCFA Renter is granted the right under this agreement to provide food and/or non-alcoholic beverages as shown on Attachment A. Renter Is responsible for adhering to and complying with all applicable local, state, and federal regulations without limitation, for obtaining all permits, licenses, reviews and approvals for food and/or non-alcoholic beverages provided by Renter at the event. Renter is granted no right or license under this agreement to sell or otherwise dispense ani alcoholic beverages. Further, Renter will cooperate with SCFA to prevent alcoholic beverages from being brought onto the property and/or into the event. SCFA and its designated exclusive alcoholic beverage vendor are the only parties permitted to sell, dispense or otherwise allow alcoholic beverages anywhere on the property of SCFA. 10. Interference. Renter agrees to conduct its operations under this Agreement in a manner that will not cause interference to SCFA and other users of the premises. If Renter's operations cause interference, Renter is required to immediately correct the problem or SCFA may, at Its option, terminate Renter's event. All operations by Renter shall be lawful and in compliance with all local, State and Federal requirements, rules and regulations. 11. Taxes. Renter shall pay. prior to delinquency, any and all taxes associated with Renter's operations on the premises. If applicable, Renter agrees to obtain a sales tax permit from the State Board of Equalization and will be responsible for payment of taxes levied on any such interest. 12. Insurance Reouirements. The parties understand, acknowledge and agree that Renter has no commercially purchased Insurance policies and is self-insured for general liability for the first $500,000.00. Under a "Memorandum of Coverage", the Renter does participate in a public -entity excess liability "pool", the California Joint Powers Risk Management Authority (CJPRMA), for additional liability coverage in excess of the initial $500,000.00 self-insured retention. Upon request, CJPRMA will Issue an "additional covered party" certificate to SCFA which will provide SCFA the same coverages as provid" to the Renter under the Memorandum of Coverage- SCFA understands. acknowledges and agreeffi t s statement of self-insurance and any additional covered party certificate (issued upon request) satisfies thy insuranc�equ7ements under this Agreement.2ii,moo -1uptnvol lot SCFA fay�2, I , (�� S IM 1 l A.—General RrouisiGnr. AGoverage Limits. tam at 4& ^wrc ort, RFQAd-F-erM -Publie L-lability-InsuFasee, mGhA+rig P*edv0 i.izh 4it £eveFage a# Fteate granted per !x2n n wl� give•-away-w-previde feed a-alsek►ef+s bGvefages WR19r -9Tel r\i a evmmemial general liability form with r r.Gverage lollowG- a.nmew4al-General-L-iabil+ty Leverage, OR aResstfrrease basic, at low,/. 3c brsad as the-raurreat- Insurance-ServiseQffiGe415sy-lerrn #GG G�6imits-&ha4-foot be less4han-$1_;089;009 par essurfenee-(untess-higher-l+mits-are required- as-idantified belew) -with aggregate-{imita-equa"e-er greatef thaf+ the essuffease-lirf+its, iRsuriagagair+st-all-liabiiity-of Renter and -its autheriaed-represepAatives aFiGIRg out of and-ire-eer+nesfien-with-Renter's use-installatieas-er-essupaAsy Of the premises Hgher Geeeral-�ial�ility #�eauirerr+ents Far klazarde s E-venifr--I.imits-shall-be not less #kiR43,000,9AA per -occurrence -for-alb-types-el nts-except WQ^a-oF trank feetorsyele rasing and --go-cart Agreement Number. 2013-037 Page 2 of 6 !SCFA Form Housed 2 29 13 rIVM/J; V?,MQj000-pea= o6s11rFense faf -a type&4Of-fsdes-everts w44 -a paid gated cny rawS,4-stook event&, $?aA0,000 per essaFFenca 43�(all-types at Fodeawith any flough SteslFevents; $1,000,000 peF-066UFFenare-far ail types-of-redeo-event&-withoUtany- Rough_ StoG Events; of nFrfa+FtiFf►e cnrn ,A;I r4ee, lcmX900 attendeac, :I1 rovs rii%'i tJI16, elfhypes _oslFeulat--a�steFlzed C-cnt: of =7.12'1F l St 2^t -rasing b:. Autome eile-t4abilitv_-. L-emmefri, /'S%/ 2mctile Liability, nn n pa; aGo4enl basis, at the saFFent4S -pci/_j• lcr= RCA QQQ1, °;tel #1 (A7// I'ss.r)With-404-ef nit .QKT tP".n $1("''\QCC GembiRed single limits peF ar.Gident OFsssarnnc�: fer mn!�.fl.'.t OVentg- iRIVOIVIR9 use of--{wom tees v er "Ganssd uehisles} on faiFgFsand6. WGFkgfW COMBERsatian--►Alsrkers'-GGmpen&at4n-�av9rage shall-bamajntained cevefing Resters eFr►pleyees; as —Ared by law. !nrc: t,`■ PAedi-Malprastisa sewerage wit# 4imits of not less-t#�arF-�f 000,000 -pe PAP, IrFARGR r, Abe rna' . 2r Maintenanee-of-Coverage The ROA10F agFOOS h�1ho­ sernmeFsial ger► t boa -liability; ww*arc' urnFnaipract`,*, if v,Fage-her d I Scr =hal! in effortall 4:u-jr ►r4GGAtFam. in the t,r. -.I tca �, ���ssveFage e*pire r is stansa�fte�dat any limes OF UMeS PF60F !n OF �rl.e ing the 40f,A-e! tN9 Z'`���[fY-FTtltiier-'�gFef �s Ic ��'���� W-±of-i-baid smpiraVen �J, a now rodiliGate ei insuFaRGe ovi iGRGFF�g-IR&l7Efa 4GOW'ZW w2 �:-for-net--le66 than !he F �f the tr1•r� �f ".0, trpApt, rr fcr. a �'A a no! Esc thin on- (1) Ivzr. N�w� seFti#isates of ire_ssb}est-te-tha-a Pais SeFvises Ast#G*; and AeeF;"rwc thwt rC ©ssdpaAsy 9F a6tiv#ty shall be peFfOFFR@d fw4w- to the giyipg_Ofsurhi}ppRwal. 4r #wveveFA-the ROR OF fafl6 to-kGW iR-effe6t at asfl i m sslnsaFass&-coverage-as heFeiR pro ide ,-lam-Fray; #n addition-to-any-othsF FeFRed+es it -Fray hav�take any - o the4ellawiF3g_aGtieps, },�,ess,+la,F,e - +fna�tteF bFeaGh by- Renter an6-terFninate-t44-GG rrzc% (2) ikrly sssapansy-andor wFtthokl-Ctll payFneRt6 due-lo_—Re ler until ^gtice i^ vcriits! Orrt ►'. # il+tVtrr-QblaiflBUG unrtom:-6oveFage and dee in+ PFG mii MS #fGFi--any Sufp&-dile- nvt--rrru rhinTh bessme da 18ki R9FFt4\" "!(jC.' tt1 teFm Renter's RespGnGlbitllV-- NathiRg F04Z#a4 h CAFastFuedas44nitirg ;- any --7.,y the -.extent -to whWA4jqn4OF mays he hold FsspaaA&4i o- 49F—damages rssditing frem--Renter'& a.k; e. negiigense: fined in -the -miF}iRt&-spesif' rn Pontes rf 'i/�'�4q- jn exessr, af-suGh saiFrimam-severagw, it ;,rcrJ taiEinget#seractiess au it ender senisrtc* c� �eF�te aF #yF law insleding-but-not 4n*ed-ie;-action6 PUF6aaai_44e_-RenteF'6 indemnity-ebligatiens. 1.r���Certiifieed`CC pies-ef'- Peiicteis UpsF�-�oquest-by-.SGF-Aj �Re;4w hal��imrnediA 90 y fUFrAi6h a-ssFnplete sept' of any poliG "p"7"'.ari h9FBUAd9F wiIh said nnr.y�f iari hir_tl � Fw r{t�F to he a true and Gorrea4sopy of #1 e eriganal-peliey, 5—Padlsipant- Waivers - Fsr-haz-ardeas-parlisipani-went&; the €ienteF agreea40-obtaia- a properly exeseted Feleasa awF d-waivef-of Habil+ty agreement-�€eFrr+ egeired �y RerFteF'e inseranGe--Company- sr-CFSA Release and Waiver Farm�ffem each t''s V.Ai !ts--spenseredby-enter_ -HazaFdous paAis+pant-ev-*Riled 4& -any 814enf within the fallowingL-m-1 _thl2tis learn even equestrian -related everls�-motorized rr/A rnhrwicd sysnts;ar dFng NG Gle, skates; skatebeaFd, er 6seeter. Cenlwt Ca!##eFr. ^ F-wr lrr-v�isss A6&94"O"921 3712 f2r fcrihGF ir.fQfFRatlQR. t-- 9ther Requil ts-and-findGFSOment Language►nsufance reqs. ,pdor this AyreemenI shalt a- Ele- 4ssued a&,a primary poli i}-Gonta�n c rte*r nvr.t'tiy he �^owwce eempapf4ha!! vnlf n:f OapG91 OF FOEK'77 }y y....+�. V-0? of said pelisy-- sF-policies-without giviFig pF9F written RG4Ge-4n the n�*r ssFti#isat��iF► twith %he e9FrvV'-_tiQf� tsFms of the pslisy. G. Be ondGwed-with-the-f©lk3wingsPesFfis language= htip cg-Selarao; Hae Sta#�-of Al;aNfoFti an each agefasyr'& fl#isers, agentemployees,dWAF c�, sand elected Agreement Number. 2013-037 Page 3 of 6 ,SGFA form Remised 2 �a;+3I and appointed -boards; are named as additional insured for all liability arising - ort of the operations by -o - behalf -of -the -named insuredin the performance of this Agreement: The -insurance -provided- herein is- primary and -no insurance -held -o. -owned -by-the Solaro Gou,yrair ,tie, qty -Gt$G ono, oF-the-State- of -California shall be -called upon -44 -contribute -to a lass. The ooverage-provided by this policy shaW not be -reduced or canceled without _written notice to the So Fair- Assoclatio6n4a accordance with -the -terms -of the policy,- ., B: -E=vidence of C4overage: R-rior-tG-th2 727minciniNkit cf end• p46-.,rrmant 10-this-Agreernent; Rentw shalt provide-SGFA-with-evidenw V irmtxwiac to SUA ry nn8 of tIlowing: 1—Insurance CedtfiG t -signed OFegiRa se#itisate-a#- nauranGe4the-AGORA fermi as asraptahie�; 1aw#+ lly transacted, whiGh sets forth the foilewiag. a: Ucl to 9,..9 Additional Ins art the-Solan"ounty -Fail,-Association; the -County of Solana; the- State of California, and each -agency s --officers, agents; employees, directors, manager -s, volunteers and -elected or- appointed boards;- are named- as -additional- hisured- for all 41ability arising -Gut of -the operations-by-or-on-behai€-of the n mad insured in the ped$rmance of this agreemmn! b, l7at :The c-iates-e#--iaseptinn and ci4FiFa*iin,2f thj-iasuranee. For individual -events, theapesfffs event -dales must be listed.; along with all set-up and tear down date& s. Cansellati A-4GriaW ^ tyc ii,ctArcriot cGmpaRy that it wiil-flet-sannl ,2r r^rt:r7r the-- R*ts or-GGvoragos of aid -policy- 6F pF7Wes without giving prior writterF rieti_@_•t9 the named aGGGrdanGe wit#-tile-Gansellation-terms of -the policy-. d - Gedi#isate-Molder: Solano--Gountj-Fair-AssGGiation 600 Fairnrounrin Or., Vallejo GA 9. must be W&tA A the sert4iGate-hG1deF e. ln6uranoe Gompariiv:---The 7x7*Any-pfov4diag Psuranse coverage must -be acceptable -to the Galiforn►a ©epaArn Of IRsaraRGe: f. Insuraci_: T#e Rontei: Faust be speGi1ra4ly--listed as4ho 4osured- � CFSA Special- Events-12foaram —The eateFtains-liability- protestios- through the Gatiternia if- v es Authority (GFSA} Spec4at- €vents-Rfogran;, when applicable (Notwithstandicg -arvf $they -term Gf t e Agreement;4he prevision -ot Uability-IasuranGe 1hrGug#-£€SA's-�2Al ratinntc o, -will-satiGf) 4he Goverage-6im'46 rer}uwed-bT this Agreement: � 3. MasteFCertifisates A Gurrent-rxiaster Ge tficate of insurance- for=the-R- 9RW+ as been approved by-- d -is -on file -with Califernia F-a-ir (G"AA-Notwithstanding- any ^fes; - M. rf Ihs Agreement, the previsiGn-of-a-Master-Certificate wiN satisfy the-Goverage-Umits-required by this Agreement) 4r-Self-Insurarme - Thli R ured-and acceptable -evidence ofa,If -taco~rr.rr h= #een approved -by Ca4fomia-€air-Sero CF A- - 1 anus A11pfn.Pt1 tor Sc;F.a f3tr Ti 13. Indemnification and Hold Harmless. Renter will indemnify. hold harmless and assume defense of, in any action of law or equity, the Solano County Fair Association, the County of Solano, the State of California, and each agency's officers, employees, agents and elective and appointed boards, from all claims, losses, damages, including property damages, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from the operations of Renter or of any persons directly or indirectly employed by, or acting as agent for Agreement Number. 2013-037 Page 4 of 6 SCFA Form P.ovrsed 2281131 Renter, but not including the sole negligence or willful misconduct of SCFA. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the services rendered pursuant to this Agreement, as well as during the progress of rendering such services. Acceptance of insurance certificates required under this Agreement does not relieve Renter from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to all damages of every kind suffered, by reason of any of Renter's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 14. Notices. Any notice provided for herein necessary to the performance of this Agreement shall be given in writing by personal delivery or by prepaid first-class certified or registered mail, return receipt requested, or reliable overnight courier addressed as follows: SCFA: Solano County Fair Association Renter: San Rafael Police Department Attn: General Manager Attention: Sgt Jaime Correa, Traffic Unit 900 Fairgrounds Drive 14005 th Avenue Vallejo, CA 94589 San Rafael, CA 94901 Office: (415) 485 — 3034, Cell: (415) 725 - 4508 Email: 439@srpd.org Either party may change its address by giving the other notice of a new address in accordance with the terms of this Section. All payments to SCFA required hereunder shall be sent to the address specified for SCFA above. 15. Asslanment. Renter may not assign, transfer, or sublet its rights and obligations arising under this Agreement without the prior written consent of SCFA. 16. Enforcement. SCFA shall have the right to audit and monitor any and all sales and the right of access to the premises. SCFA shall be permitted to enter and inspect the licensed premises at any and all times. 17. Modification. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid, unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated within this Agreement and no alterations or variations of the terms of this Agreement, unless made in writing and signed by the parties, shall be binding upon any of the parties to this Agreement. 18. Advertisina. SCFA reserves the right to approve all advertising copy connected to Renter's operation. Any advertising cost for Renter's operations shall be borne solely by Renter. 19. Rules and Reaulations, The policies governing rental of facilities established by SCFA are made part of this Agreement as though fully incorporated within this Agreement. Renter agrees that he/she has read this Agreement and the Policies, and agrees to abide by them. In the event Renter fails to comply in any respect with the terms of this Agreement and the Policies Governing Rental of Facilities, all payments made by Renter under this Agreement shall, at the option of SCFA, be deemed earned and non-refundable by the SCFA, and the SCFA shall have the right to occupy the rented premises in any manner deemed in the best interest of the SCFA. 20. Maintenance. Renter agrees to maintain the rented premises or and any other area to which Renter has access by reason of this Agreement, in good condition, and to return these premises in the same condition as they were before use or access by Renter, except only for ordinary wear and tear, damage by the elements, acts of God or casualties beyond the control of Renter. Renter shall be responsible to pay the cost for any expenses borne by the SCFA as a result of Renter's failure to meet its obligations under this section of this Agreement. Renter shall conduct its business in an orderly manner; shall deposit all rubbish, slop, garbage, tin cans, paper, etc. in appropriate receptacles and shall keep the area within and surrounding the rented premises free from all rubbish and debris. SCFA will provide receptacles to accommodate a reasonable amount of rubbish but in no case to exceed two (2) cubic yards of rubbish. Any rubbish exceeding the receptacles provided shall be disposed of at the expense of the Renter. 21. Fair Emolovment Practices: Renter agrees to comply with all applicable laws, regulations and executive orders regarding employment and equal access to public facilities. In the use of the premises, Renter will not discriminate against an employee or applicant for employment because of race, color, religion, ancestry, sex, national origin, sexual orientation, age. physical or mental disability, medical condition, or any other protected class. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment Agreement Number 2013 037 Page 5 of 6 (SCFA Form Rehsed 2 28 131 g advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 22. Americans with Disabilities Act. Renter agrees to comply with all aspects of the Americans with Disabilities Act in rendering services under this Agreement. 23. Non -Discrimination. In operating this Agreement, Renter agrees to comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion or sexual orientation. 24. Risk of Loss. All risk of loss, damage, injury or liability of any nature whatsoever to Renter or its property arising in any respect, directly or indirectly out of use or occupation of any part of the premises of the Association pursuant to this Agreement shall be borne by Renter. 25. Sound and PA Devices. SCFA reserves the right to monitor the use of all sound and P.A. devices: (1) to ensure compliance with any laws and ordinances applicable to the use of said equipment, including noise ordinances; and (2) to ensure that residents in the neighborhoods surrounding the Solano County Fairgrounds are not unreasonably disturbed. 26. License Fees/Tax Deposits. Upon request, Renter shall furnish to SCFA receipts for license fees and tax deposits. 27. RemovaUStoraQe of Property. Any property belonging to Renter, which is used in connection with this Agreement, must be removed from the premises at or before the expiration of the term of this Agreement. Any property not so removed may be removed and stored by the SCFA. Renter shall reimburse SCFA for any costs or expenses, including but not limited to reasonable attorney's fees, incurred in so doing. 28. Miscellaneous a. This License Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this License Agreement must be in writing and executed by both parties. b If any provision of this Agreement is invalid or unenforceable with respect to any party, the remaining provisions of this Agreement or the application of such provision to persons other that those as to whom it is held invalid or unenforceable. shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. c This Agreement shall be construed in accordance with the laws of the State of California. The duties and obligations of the parties hereunder are performable in Solano County and such County or the Federal District in which such County is located shall be the venue for any action or proceeding pursuant to this Agreement. 29 Guarantee of Performance of Agreement. Renter, in addition to signing and guaranteeing the performance herein specified, shall provide for a Guarantor of the performance as specified herein. Said Guarantor will equally, jointly, and severally be liable to SCFA for whatever damages SCFA may sustain as a result of Renter's default of this Agreement, including. but not limited to, the payment of rent, and said Guarantor by signing below expressly agrees to pay any such sums due SCFA under this agreement Said Guarantor will not be liable to any greater extent than Renter and shall have the same defenses and offsets that Renter would have under this agreement. IN WITNESS WHEREOF, SCFA and Renter have executed this License Agreement. San Rafael Police Department By: )Uitc,& T- ! City Renter Attest:City Date: J yq Agreement Number. 2013-037 j5CFA Fonn Rev sod 2,29131 Approved • s to rorr��: Solano County Fair Association Manager Michael A. Paluszak C1 e r k General Manager Date: Page 6 of 6 SOLANO COUNTY FAIR ASSOCIATION License Agreement for Interim Event Attachment A Schedule of Estimated Fees & Reauirements Agreement #: 2013- 037 Renter: San Rafael Police Department Renter Contact: Sgt Jaime Correa, Traffic Unit; Office #: (415) 485 - 3034, Cell #: (415) 725 - 4508, Email: 439®srpd.org Event: Traffic Unit Motorcycle Training Rental Date(s): Monday, May 13, 2013 to Tuesday, December 31, 2013 6:00 AM 6.00 PM Event Date(s): TBD to TBD TBD TBD Facility Fees Facility Name Comments Renter must contact SCFA Event Coordinator not less than 72 hours in advance of proposed training session to request training date(s) and time(s). Event Coordinator Kim Mini is the main point of contact for SCFA at (707) 551 - 2006 or kminirdscfair.org. If Kim is indisposed, Mark Coffman is the secondary point of contact for SCFA at (707) 551 - 2013 or Carnival Lot mcoffman@scfair.org. If both Kim and Mark are indisposed, Stephen Hales is the tertiary point of contact for SCFA at (707) 551 - 2027 or shales@scfair.org. Permission must be received from one of these contacts prior to Renter coming on the facility to conduct training activities. Renter may not use paint on surface of Carnival Lot. Total Fee $0.00 $0.00 $0.00 Equipment Fees Equipment Type Comments Total Fee None Requested $0.00 $0.00 $0.00 Staff, Services & Parking Fees Staff/Service/Parking Type Comments Liability 'Insurance Provided by Renter Food & Beverage Renter may provide food and/or non-alcoholic beverages to participants Deposits Deposit Type Comments Damage & Security Total Estimated Fees & Deposits $0.00 Payable in full 30 days prior to start of rental Saturday, April 13, 2013 Estimated Facility Fees Estimated Equipment Fees Estimated Staff, Services & Parking Fees Estimated Total Fees Estimated Damage & Security Deposits Please initial and date below to Indicate that you've read and understand the Estimated Fees and Requirements in Attachment A San Rafael Police Department: 51212013 4'13 PM Date: Total Fee $0.00 $0.00 $0.00 Deposit Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fair Association nt Solano C eement for interim Eve layout d.or9 UcenseA�achment A " 439 °Csrp 13-037 B Email: Agreement #- oOce DepartCe tit (415) 725 - 450 San Rafael p 4, 13, 13 6:00 9m 415) 485 - 3l Training 20 Renter: Office: (. otorcycie ember Traffic Unit'Traffic UNt M to Tuesday Dtc A - Layout Correa, Event: 2013 B:0T0BaD by app°�ntmen Sgt Jaime d pachment Renter Contact: S9 Monday, Mawent Dates' an rstan d uncle Rental Dates' ve reviewed hat you to indicate t Da d date below artme:�� please initial an olice Dep San Rafael�,way 37 �-•� ; �� it ,"�..._� call's junior •.� �,;�•• c:�., •`. ._.�.�;' -• it m "Route tol o t A �• � ••..' al �O camArea •iv TrairnMQ \ ,5111 g Flags pls�overl Kingdom 1 'camlvalA ea Traln1ng o 1! o o J O :. D � o C- F _ o o 0 i l o o -•- -- --- _..-•---•••-----..-- Solano Count FaSrgrounds • 0 t • SOLANO•COUNTY FAIRGROUNDS Policies Governing Rental of Facilities (AS AMENDED 5/11/2011) TABLE OF CONTENTS 1. INTRODUCTION.....................................................................1 H. GENERAL PROVISION..................................................................1 A. Non-Discrimination................................................................1 B. Americans with Disabilities Act........................................1 C. Fulfillment of Terms and Modification of Policies and/or Rates....................................................................1 III. FAIRGROUNDS RENTALS..........................................................1 A. Rental Conditions.....................................................................1 B. Deposits........................................................................................1 1. Save the Date Deposit................................................1 2. Damage and Security Deposits ..............................1 C. Usage Hours.................................................................................2 D. Reservations...............................................................................2 E. Holiday Rentals..........................................................................2 F. Solano County Fair Association Events ...........................2 G. Overtime Costs...........................................................................2 H. Set -Up and Teardown.............................................................2 IV. REQUIRED FEES AND FORMS.................................................2 A. Fees and Forms..........................................................................2 B. Payments......................................................................................2 V. AMENDMENTS TO RENTAL AGGREEMENT ......................2 VI. CANCELLATIONS............................................................................2 VII. RETURNED CHECKS....................................................................2 VIII. EVENT ADVERTISING..............................................................2 A. Event Names...............................................................................2 B. Identification of Venues Rented for Events ..................3 C. Electronic Sign............................................................................3 D. On -Site Signs and Banners...................................................3 E. Off -Site Signs and Banners....................................................3 IX. INSURANCE REQUIREMENTS..................................................3 A. Evidence of Insurance and Indemnifications ...............3 B. Special Events Liability ..........................................................3 X. FIRE SAFETY STANDARDS........................................................4 A. Fire Regulations Compliance...............................................4 B. Special Floor Plans/Building Layouts .............................4 C. Aisles and Exit Ways................................................................4 D. Decorative Materials...............................................................4 E. Assembly (or Theater) Seating...........................................4 F. Housekeeping.............................................................................4 G. Exhibit Installation and Removal......................................4 H. Electrical Installation...............................................................4 I. Fire Extinguishers....................................................................4 J. Flammable Liquids..................................................................4 K. Smoking.......................................................................................4 XI. FOOD AND BEVERAGE SERVICE..........................................4 A. Food and Beverage Sales.....................................................5 B. Alcoholic Beverages...............................................................5 C. Health Department Permits...............................................5 D. Food Provided to Exhibitors during Set-Up................5 XII. EVENT PERSONNEL...................................................................5 A. Event Attendant(s).................................................................. 5 B. Electrician.................................................................................. 5 C. Parking attendant (Mandatory)........................................5 D. Security, Law Enforcement, and Public Safety ..........5 XIII. VEHICLE USE AND PARKING..............................................5 A. All Vehicles.................................................................................5 B. Load In and Load Out............................................................5 C. Parking Credentials................................................................6 D. RV Parking..................................................................................6 E. Prohibited Uses........................................................................6 F. Theft or Damages.................................................:..................6 G. Parking Fees..............................................................................6 XIV. BUILDINGS AND GROUNDS USE.......................................6 A. Conditions of Grounds..........................................................6 B. Facilities......................................................................................6 C. Alterations/Decorations......................................................6 D. Equipment/Services..............................................................6 E. Outside Equipment Rentals................................................6 F. Damage/Loss............................................................................6 G. Clean Up Services....................................................................6 H. Injuries........................................................................................7 I. Lost and Found.........................................................................7 J. Courtesy Credentials.............................................................. 7 K. Keys...............................................................................................7 L. Shipments...................................................................................7 M. Telephone Services............................................................... 7 N. Paging Systems........................................................................7 0. Sound Standards..................................................................... 7 P. Animals........................................................................................7 Q. Games of Chance..................................................................... 7 R. Novelty and Special Sales....................................................7 S. Weapons......................................................................................7 900 Fairgrounds Drive 0 Vallejo, California 94589 . Phone (707) 551-2000 . 0 Fax (707) 642-7947 . SCFair.com Solano County Fairgrounds - Policies Governing Rental of Facilities (AS AMENDED 5/11/2011) I. INTRODUCTION This document comprises the policies adopted by the Board of Directors of the Solana County Fair Association (or "SCFA'� governing interim events presented on the fairgrounds by any organization or person. This policy sets forth in detail the conditions under which an organization or person hereafter referred to as the "Renter," may present commercial activities, private functions, displays or entertainment on the Solana County Fairgrounds (or "Fairgrounds'). No organization or person may use any portion of the Fairgrounds to conduct any event, public or private, without having first executed a License Agreement For Interim Event. A License Agreement For Interim Event (or "Rental Agreement') must be signed by the Renter and by an authorized representative of the Solana County Fair Association prior to the Renter's commencing any activity of the Fairgrounds. This policy is not intended to apply to persons attending or parking in conjunction with their attendance at events on the Fairgrounds that are conducted under the authority of a License Agreement For Interim Event, patronizing The Solana Race Place satellite wagering facility, utilizing the Joe Mortara Golf Course; or parking in conjunction with attendance at Six Flags Discovery Kingdom, or as may otherwise be authorized from time to time by the SCFA General Manager. lI. GENERAL PROVISIONS A. Non -Discrimination No organization or person will be discriminated against because of age, race, color, national origin, ancestry, religious belief or affiliation, political belief or affiliation, medical condition, physical or mental disability, sex, sexual orientation, marital status, or other protected status. Any person or organization entering into a License Agreement For Interim Event with the Solana County Fair Association is required to comply with this non-discrimination policy. Any person or organization entering into a License Agreement For Interim Event with the Solana County Fair Association will be required to execute a statement agreeing to indemnify and hold harmless the Solana County Fair Association, its Board of Directors, the County of Solana, its Board of Supervisors, and the officers, agents and employees of these agencies for any liability arising from the Renter's use of SCFA property and/or failure to comply with these policies or the terms of their License Agreements. B. Americans with Disabilities Act It is the policy of the Solana County Fair Association to provide reasonable accommodations to individuals with disabilities and to comply with the Americans with Disabilities Act, or any state or local law or ordinance requiring reasonable accommodations for individuals with disabilities. All persons and organizations entering into a License Agreement For Interim Event with the Solana County Fair Association are required to provide access and reasonable accommodations to individuals with disabilities and will be required to execute a statement agreeing to comply with all provisions of the Americans with Disabilities Act. C. Fulfillment of Terms and Modification of Policies and/or Rates The Renter agrees to fulfill the terms and conditions of the License Agreement For Interim Event relating to the use of facilities as they are in effect as of the date they entered into the agreement, or as they may be adopted thereafter. The Solana County Fair Association reserves the right to modify or to change policies or rental rates. Every effort will be made to notify the Renter of changes as they are made. III. FAIRGROUNDS RENTALS Facilities will be rented based on the availability of dates, type of show, number of show days, and past performance of the Renter. The Solana County Fair Association reserves the right to deny and/or cancel the rental of its facilities when, in the opinion of the SCFA General Manager, such events may conflict with similar events previously scheduled or are not in the best interests of the Solana County Fair Association, the County of Solana, or the general public. In addition, the Solana County Fair Association reserves the right to base rental decisions, at its sole discretion, on the best utilization of the facilities, greatest public interest, or highest revenues for the Solana County Fair Association. SCFA may deny an event booking when, in its sole opinion, the event may cause undue or unusual damage to the facilities, or cause or have the potential to cause cancellation of other events due to excessive cleaning or repair time. A. Rental Conditions Rental fees will be negotiated based on the nature of the event at the discretion of SCFA management. Rental of the facility will include general floor space, stocked restrooms, lined garbage cans and utilities for normal electricity and lights. Basic rental fees do not include kitchen or concession area usage, adjoining walkways or patio areas, storage facilities, nor Solana County Fair Association labor, materials, equipment, or parking privileges. Under no circumstances will Renter or Renter's staff operate the Solana County Fair Association's heavy equipment (forklift, man -lift, tractor, etc.) or use/borrow equipment beyond that specified in the License Agreement For Interim Event. B. Deposits 1. Save the Date Deposit All rentals require a deposit to save the date(s). Until a Save the Date Deposit is received by SCFA, all dates are available on a first- come first-served basis, subject to other Policies Governing Rental of Facilities. The amount of Save the Date Deposits shall be determined by management relative to the scope of the event and proposed facilities to be rented. The Save the Date Deposit will be held by SCFA until either a) Renter returns an executed License Agreement For Interim Event as specified in paragraph IV.A.2. of these policies, in which case the Save the Date Deposit will be credited toward, and becomes part of, the Damage and Security Deposit; or b) the period of time specified in paragraph IVA.2. for a License Agreement For Interim Event to be executed expires, in which case SCFA will be under no obligation to continue to hold such date(s), and the Save the Date Deposit will be refunded to Renter. SCFA's General Manager may, at his/her sole discretion, extend the period of time for execution by Renter of a License Agreement for Interim Event. 2. Damage and Security Deposits All rentals require a Damage and Security Deposit to guarantee against additional equipment rental fees, clean up, loss, damage, labor or other charges incurred by the Renter, in excess of the estimated fees as shown in the License Agreement For Interim Event. The Damage and Security Deposit must be paid at the time the License Agreement For Interim Event is executed. All costs deemed necessary and incurred by the Solana County Fair Association on behalf of the event, as well as charges for additional facility rental or equipment rental, labor, or other services requested by the Renter, will be billed to the Renter and deducted from the amount of the deposit. Any remaining portion of the Solano County Fairgrounds - Policies Governing Rental of Facilities (AS AMENDED 5/11/2011) deposit will be returned to the Renter. Renter is responsible for any charges still remaining after the Damage and Security Deposit is applied, and are due upon the Renter's receipt of a final invoice. Refund of Damage and Security Deposit, in the event of a cancellation, is subject to "Section VI. Cancellations" of these policies. C. Usage Hours Rental Fees cover the use of the facility as stipulated in the License Agreement For Interim Event. No event will be permitted to continue after midnight without prior written agreement from the SCFA. D. Reservations SCFA accepts reservations on a 12 -month booking basis. Events booked within a 12 -month period are booked on a firm basis. Any event schedules beyond a 12 -month period will be considered tentative, unless booked under a multi-year License Agreement For Interim Event E. Holiday Rentals If an event is scheduled on a holiday and staff is required and is available, additional fees may be incurred for employee overtime compensation. F. Solano County Fair Association Events No event will be scheduled which is in conflict with events and activities of the Solano County Fair Association. G. Overtime Costs Overtime costs will be charged for pertinent SCFA personnel unless attendees, exhibitors, and Renter's staff have vacated the Fairgrounds and the facilities are secured by the time specified in the License Agreement For Interim Event. Overtime rates are 11h to 2 times the rate specified in the License Agreement For Interim Event, depending on event staffing requirements and the actual overtime scale incurred by SCFA. H. Set -Up and Teardown The terms "set-up," "load -in" and "tear -down," "load -out" shall include the use of the facilities for moving in and out equipment, and/or preparation and clean up of the facilities for the event by Renter. Time required for set-up and tear -down by Renter must be included in the rental period. Facilities will not be available prior to the start time, or after the ending time indicated in the License Agreement For Interim Event IV. REQUIRED FEES AND F0RMS A. Fees and Forms The following fees and forms must be submitted to the Solano County Fair Association in accordance with the schedule set forth in this paragraph. If Renter fails to submit the required payments and documents as stated herein, the Solano County Fair Association reserves the right to cancel License Agreement For Interim Event without further notice. 1. Save the Date Deposit - Due at the time of Reservation. 2. License Agreement for Interim Event - Due 15 days after delivery by SCFA to Renter in person, by e-mail or by fax, postmark if mailed, or date of shipping if by other delivery or courier service. 3. Damage and Security Deposit - Due in full with the License Agreement for Interim Event. (See above) 4. Rental Fees and Other Estimated Charges - Due as specified in the License Agreement For Interim Event 5. Certificate of Insurance - Due 30 days prior to event. 6. Floor Plan and Building Layout - Per Rental Agreement 7. Security Plan - Per Rental Agreement B. RV payments - Per Rental Agreement 9. Percentage payments - Due within 48 hours after conclusion of event, unless otherwise specified in the License Agreement For Interim Event 10.Fees and Other Charges - For costs deemed necessary and incurred by the Solano County Fair Association on behalf of the event, as well as charges for additional facility rental or equipment rental, labor, or other services requested by the Renter, which are in excess of the amount of Damage and Security Deposit, and Save the Date Deposit- Due upon presentation of final invoice to Renter by SCFA. B. Payments Payment for facility rental and for any additional personnel or equipment needed for the event must be made per the schedule included in License Agreement For Interim Event Renter will be billed following the event for any additional expenses incurred during the event V. AMENDMENTS TO RENTAL AGREEMENT No additions or deletions to the License Agreement For Interim Event will be permitted unless made in writing, and approved in writing by SCFA prior to the scheduled event, either by written amendment of the License Agreement For Interim Agreement, or by written change order signed by both Renter or Renter's authorized representative and an authorized representative of the Solano County Fair Association. VI, CANCELLATIONS In the event of a cancelation, Damage and Security Deposits are non-refundable. If the Renter cancels the event 120 days or more prior to its scheduled start date, the Solano County Fair Association will refund to the Renter any monies received over the amount of the Damage and Security Deposit. If the Renter cancels between 90 and 120 days prior to the event, 75% of any monies received over the amount of the Damage and Security Deposit will be refunded to the Renter. If the Renter cancels between 60 and 90 days prior to the event, 50% of any monies received over the amount of the Damage and Security Deposit will be refunded to the Renter. If the Renter cancels less than 60 days prior to the event, no monies received will be returned to the Renter. VII. RETURNED CHECKS If a check is returned for any reason, the Renter will be required to make all future payments in cash or by cashier's check. A $100 administrative fee, plus actual expenses incurred by the SCFA will be charged on returned checks. VIII. EVENT ADVERTISUM The Solano County Fair Association reserves the right to approve all advertising and promotional messages and materials before being produced, distributed, published, displayed or otherwise disseminated. Failure to adhere to this policy may result in SCFA management requiring Renter to cease production and/or promotion of the event until and unless approval by SCFA management is granted in writing. Any modifications to messages or materials required shall be at the sole expense of the Renter. A. Event Names Renters may not use the following names in any way that implies that the Solano County Fair Association is producing, sponsoring, presenting or managing any event: Solano County Fairgrounds - Policies Governing Rental of Facilities (AS AMENDED 5/11/2011) Solano County Fair(grounds) Solano County Fair Association Solano Race Place Joe Mortara Golf Course Examples of prohibited use of the above names include, but are not limited to, such phrases as: "The Solano County Fairgrounds XYZ Show' - "XYZ Concert Presented by the Solano County Fairgrounds" - "2nd Annual XYZ Golf Tournament Sponsored by the Joe Mortara Golf Course" - "XYZ Expo Produced by the Solano County Fair Association", etc. If in doubt regarding the acceptability of a name of an event, Renter should contact SCFA management for approval in writing before producing, distributing, publishing, displaying or otherwise disseminating any promotional information, materials, advertising, etc. for the event. Failure to adhere to this policy may result in SCFA management requiring Renter to cease promotion of the event until and unless appropriate naming of the event occurs, which shall be at the sole expense of the Renter. B. Identification of Venues Rented for Events Renters may only use the following names, to identify the location of event taking place at property or facilities managed by the Solano County Fair Association: Solano County Fairgrounds Solano Race Place Joe Mortara Golf Course Examples of acceptable use of the above names include, but are not limited to, such phrases as: "XYZ Show at the Solano County Fairgrounds" - "XYZ Concert at the Solano County Fairgrounds" - " 2nd Annual XYZ Golf Tournament at the Joe Mortara Golf Course" - "XYZ Expo at the Solano County Fair Association", etc. Renters may not, under any circumstances, use the following names to identify the location of events taking place at property or facilities under the management of the Solano County Fair Association: Solano Fairgrounds Vallejo Fairgrounds Vallejo Race Place Vallejo Fairgrounds Golf Course Examples of prohibited use of the above names include, but are not limited to, such phrases as: "XYZ Show at the Solano Fairgrounds" - "XYZ Concert at the Vallejo Fairgrounds" - "2nd Annual XYZ Golf Tournament at the Vallejo Fairgrounds Golf Course" - "XYZ Expo at the Vallejo Fairgrounds", etc. Examples of acceptable use of the above names include, but are not limited to, such phrases as: "XYZ Show at the Solano County Fairgrounds in Vallejo" - "XYZ Concert at the Solano County Fairgrounds in Vallejo" - "2nd Annual XYZ Golf Tournament at the Joe Mortara Golf Course at the Solano County Fairgrounds in Vallejo" - "XYZ Expo at the Solano County Fairgrounds in Vallejo", etc. If in doubt regarding the acceptability of a name of the identification of the venue, Renter should contact SCFA management for approval in writing before producing, distributing, publishing, displaying or otherwise disseminating any promotional information, materials, advertising, etc. for the event. Failure to adhere to this policy may result in SCFA management requiring Renter to cease promotion of the event until and unless appropriate identification of the venue occurs, which shall be at the sole expense of the Renter. C. Electronic Sign on I-80 Renters that wish to advertise their event on SCFA's electronic sign will receive a 15% discount from current published advertising rates, or as negotiated by management. D. On -Site Signs and Banners All advertising space on the premises of the Fairgrounds is the exclusive property of the Solano County Fair Association. The Renter must receive prior approval from SCFA management for any signage on the Fairgrounds. The Renter is responsible for installation and removal of all approved signs and/or banners in a manner approved by SCFA management Use of adhesive tape or any kind of staple for the attachment of signs to any non -designated signage location is prohibited. Signs and/or banners installed without prior permission may be removed at the Renter's expense. The Renter must remove all signs and/or banners immediately after the event, or labor charges for SCFA personnel and equipment required to do so will be charged. Any damage to Fair Association property due to the installation, display or removal of approved signage is the responsibility of the Renter. E. Off -Site Signs and Banners Renter is solely responsible for complying with all ordinances, laws, rules and regulations regarding posting or displaying signs and/or banners used to promote or advertise events. Renter shall be solely responsible for any fees or fines associated with such compliance or non-compliance. SCFA management may require Renter to limit or discontinue the use of signage in the community, whether in compliance or not, that in SCFA management's sole discretion reflects negatively on the Solano County Fairgrounds as reasonable, responsible and respectful of the community. Failure to comply with SCFA's request in this regard may result in Renter being charged for, and responsible for payment of, costs incurred by SCFA for the removal, storage and/ or disposal of signs removed by and/or at the direction of SCFA. IX. INSURANCE REOUIREMENTS A. Evidence of Insurance and Indemnifications Renters are required to provide evidence of insurance and indemnification as defined in the License Agreement For Interim Event. Failure to provide acceptable evidence of insurance as defined by the time specified in the Agreement may result in cancellation of the event by SCFA. Under no circumstances will Renter be allowed to occupy any portion of the Solano County Fairgrounds until and unless acceptable evidence of insurance is received by SCFA. Failure to provide insurance as required shall be considered a material breach of the License Agreement For Interim Event, and shall be cause for immediate cancellation of the Agreement. B. Special Events Liability Insurance The Renter may qualify for reasonably priced Special Events Liability Insurance offered through the California Fair Services Authority (CFSA). The Special Events Liability Insurance (SELL) is general liability insurance that covers and protects Renter against bodily injury and property damage liability. The insurance does not cover the orooerty or liabilitv of anv exhibitors. However. CFSA also offers some tvoes of events additional coveraee. for an Solano County Fairgrounds - Policies Governing Rental of Facilities (AS AMENDED s/11/2011) ,3dditional premium. which covers exhibitor's lia ili A $25 administrative fee will be assessed in addition to the premium payment for each type of coverage (SELI and/or exhibitor liability) if Renter elects to obtain SELI and/or exhibitor liability coverage through the Solano County Fair Association. X. FIRE SAFETY STANDARDS A. Fire Regulations Compliance It is the sole responsibility of Renter to strictly comply with all fire regulations prescribed by the Fire Marshal of the City of Vallejo. B. Floor Plans/Building Layouts Floor plans shall be submitted to the Solano County Fair Association for approval as specified in the License Agreement For Interim Event Copies may be forwarded by the Solano County Fair Association to the City of Vallejo Fire Marshal for review and approval. However, failure by SCFA to require floor plans/building layouts or their submittal does not absolve Renter of any responsibility for complying with fire regulations prescribed by the Fire Marshal of the City of Vallejo. Plans shall indicate: • The dimension of all aisles, exits, exhibits, booths, tables, and displays. • Brief description of the event. C. Aisles and Exit Ways Unless otherwise prescribed to the contrary by the Fire Marshal of the City of Vallejo, the following guidelines shall apply to all events. • Aisles are to be not less than eight feet in width. • Aisles and exit ways are to be kept clear at all times. • An eight -foot clearance is to be maintained at all illuminated exit doors. • No chairs, exhibits, tables, displays, or other obstructions are allowed in the aisles. • All exit doors shall be able to be opened from the inside without any special effort or knowledge. All locks and chains shall be removed during public hours. • All exit doors shall be able to be opened from the inside without any special effort or knowledge. All locks and chains shall be removed during public hours. • All fire extinguishers, fire hose cabinets, and electrical breaker panels must be unobstructed, clearly visible, and have a minimum of 8' clearance in front. D. Decorative Materials All decorative material including, but not limited to, drapes, hangings, curtains and table covers with overhangs, shall be made from non -Flammable material, or rendered and maintained in a flame retardant condition in a manner approved by the Fire Marshal. Copies of approved certificates of flame resistance covering all treated materials shall be available at the exhibitor's site. E. Assembly (or Theater) Seating • Assembly seating will be set in compliance with Fire Marshal's regulations. • Minimum aisle width between rows of chairs: 42" from the back of chair immediately behind to the back of chair or wall/barricade immediately to front F. Housekeeping Every building, tent or enclosure, and every exhibitor booth therein shall be maintained in a neat and orderly manner, free from any condition which would contribute to the rapid spread of fire. All combustible waste material and rubbish within the building(s) shall be stored in approved containers. All waste shall be emptied at the close of each day into approved containers outside of buildings, tents and enclosures and away from overhangs. Waste material and rubbish containers located outside of buildings shall not block exit passageways or fire lanes, nor shall they be located where an external fire hazard to any building or structure is created. G. Exhibit Installation and Removal No installation or removal of exhibits shall be permitted during hours when the event is open to the public. H. Electrical Installation The Renter is required to provide extension cords to connect to the Solano County Fair Association's electrical outlets. Extension cords shall be rated 20 AMPS minimum and contain ground wire. Cords not meeting these requirements shall be confiscated for the duration of the event by Renter, or Solano County Fair Association personnel. Electrical cords will not be permitted to run freely across any public access way including aisle ways and roadways. They may be secured with gaffer's tape, or covered by/or enclosed in approved ramps/devices manufactured for such use. Electrical installations shall be in conformance with Universal Building Code. SCFA personnel must perform all electrical work on, and connections to the Fairgrounds electrical system/equipment, except plugging into or unplugging from receptacles, and taping/securing cords. SCFA personnel will not perform work on electrical equipment which is not part of the Fairgrounds electrical system/equipment I. Fire Extinguishers Fire extinguishers are provided in major buildings. The Renter may be required by the Fire Marshal to provide additional extinguishers at other locations or where special hazards are created. Fire extinguishers must remain accessible at all times. J. Flammable Liquids Flammable liquids and other flammable substances are not allowed within any building or tent. The only exceptions to this section are alcoholic beverages served by the SCFA's exclusive master food and beverage concessionaire, and sterno used in an appropriate manner in chafing dishes or steam tables for food service purposes. K. Smoking All buildings on the Fairgrounds are considered SMOKE FREE facilities. Smoking is not permitted within 20 ft of any building, tent, or other enclosure. XI. FOOD AND BEVERAGE SERVICE The Solano County Fair Association retains all rights for the sale of food and beverages in and about the facilities and premises. SCFA has contracted with a master food and beverage concessionaire to provide food and beverage services. Exclusive rights for the sale of any alcoholic beverages at any event held on SCFA property have been granted to the master food and beverage concessionaire. Renters are responsible for contacting the master food and beverage concessionaire to arrange for food and beverage service to the public, and/or their food and beverage catering needs. At the SCFA's sole discretion, exception from this policy may be granted to non-profit and private events. ` . L Solano County Fairgrounds - Policies Governing Rental of Facilities (AS AMENDED 5/11/2011) A. Food and Beverage Sales No food or beverage of any type may be sold or given away for consumption to the general public by the Renter or vendors during any event without prior written approval of SCFA. SCFA will specify locations where food and beverages will be sold by the master food and beverage concessionaire, and others as allowed under this policy. B. Alcoholic Beverages Alcohol brought onto the Fairgrounds by the Renter, exhibitors, or attendees is strictly prohibited, unless otherwise permitted in writing by both SCFA and the master food and beverage concessionaire. Alcohol may only be sold and/or served by master food and beverage concessionaire, and consumed solely in authorized areas. The consumption of alcoholic beverages outside the rented area is not permitted. The only exception to this policy are alcoholic beverages brought onto the Fairgrounds for personal consumption by RV owners/occupants staying on the Fairgrounds as part of an event covered by a License Agreement For Interim Event Such alcoholic beverages may only be consumed inside or in the immediate area outside of the RV. RV owners/occupants are responsible for the legal consumption of, and assume all liability resulting from, alcoholic beverages brought onto the Fairgrounds. Failure to comply with this policy may result in alcoholic beverages being confiscated, privileges granted under this exception being revoked, and/or the RV, owner, and/or occupants being expelled/removed from the Fairgrounds. C. Health Department Permits A health permit is required for any cooking demonstrators, cookware dealers or health demonstrators offering samples to the public, or any vendors authorized to sell food and/or beverages. The health permit may be obtained from the Solano County Department of Resource Management. Solano County Department of Resource Management 675 Texas Street, Suite # 5500 Fairfield, CA 94533 D. Food Provided to Exhibitors during Set -Up With prior approval by SCFA, the Renter may provide light snacks for exhibitors during set up hours only. This food and beverage may not be sold nor donations taken. If the Renter is found to be abusing this courtesy, the privilege may be revoked. XII. EVENT PERSONNEL The following SCFA personnel are required for all events at the expense of Renter at prevailing rates, unless otherwise negotiated by SCFA management. SCFA will determine all additional personnel requirements. A. Event Attendant(s) If required by SCFA management a minimum of one event attendant will be scheduled for each event during all hours the event is open to the public and/or guests. The event attendant will unlock rented facilities at the time indicated in the License Agreement For Interim Event, and will close and lock facilities at the end of the time covered by the agreement, unless opening and/or closing facilities is assigned to other SCFA personnel by management. Attendants are responsible for maintaining all public aisles and roadways, restrooms, trash receptacles and entrances to the event. Attendants are not permitted inside exhibitor booths. Attendants will be scheduled one hour before the start of the event until one hour after the event ends. If Attendant is required or requested earlier or later, Renter will be charged at one and one-half times the prevailing rate. B. Electrician An electrician is available upon request by Renter or if required by SCFA management, at the expense of Renter. SCFA may require at its sole discretion that an electrician to be present, at the Renter's expense, when extraordinary electrical demand is present Electricians are scheduled for a minimum of four -hours. Electricians required or requested for more than eight hours will be charged to Renter at one and one-half times the prevailing rate. C. Parking Attendants (Mandatory) Only the SCFA personnel will be used as Parking Attendants. D. Security, Law Enforcement, and Public Safety The Renter must use the SCFA's security service, unless otherwise approved in writing by SCFA's General Manager. If SCFA requires the Renter to provide security for an event, all security personnel will be provided by SCFA and charged to the Renter at prevailing rates. SCFA shall have the sole discretion to determine the number of security guards, and sworn law enforcement officers (Sheriffs Deputies, Vallejo Police Officers, and/or California Highway Patrol Officers) required; and to require EMTs/Paramedics, and ambulances for certain events; and to impose any other reasonable requirements for the safety and security of Fairground patrons. The Renter is responsible for all costs associated with security, traffic control, and first aid services defined above. Renter is also responsible for costs of additional law enforcement and/or other public safety entities responding to any incident related to the event. XIII. VEHICLE USE AND PARKING All traffic control and parking shall be under the exclusive control and direction of SCFA at all times, including vehicle traffic and parking by the public, SCFA and Renter's staff and volunteers, VIPs, exhibitors, vendors, delivery vehicles, etc. A. All Vehicles Vehicles must park in designated areas only. Vehicles may not be parked in or around the buildings, except for unloading and loading. Fire lanes shall be maintained at all times. Maximum Speed limit on the Fairgrounds is 10 MPH, unless slower speed limits are otherwise posted. Designated disabled parking areas are set aside for vehicles displaying current and valid disabled placards/licenses only. B. Load In and Load Out Load in and load out traffic and parking are under the exclusive direction of SCFA. Renter shall cooperate with SCFA staff regarding the enforcement of all traffic and parking policies. Exhibitor load in and load out will be restricted to the sides and rear entrances of all buildings. Unloading shall be limited to 60 minutes per vehicle and will be monitored by SCFA personnel at Renter's expense. All vehicles and trailers must be moved to the exhibitor parking area immediately after unloading. Vehicles may not block any entry/exit door at any time. Solano County Fairgrounds - Policies Governing Rental of Facilities (As AMENDED S/11/2011) All vehicles must be removed from load in areas to the exhibitor parking area before the event will be permitted to open to the public. Access to the loading area will not be permitted until the show is officially closed to the public and vehicle traffic is no longer a danger to pedestrians. C. Parking Credentials The Association will issue all parking credentials. In the event that the Renter requires a special exhibitor parking pass, SCFA will have the exclusive right to print, distribute, and enforce the use of the parking passes at Renter's expense. Passes may be limited and will be allocated according to available parking. D. RV Parking Parking for RVs is restricted to area(s) designated by SCFA. Renter may choose to pay price designated in the License Agreement For Interim Event for each RV parked on the Fairgrounds in conjunction with the event; or to have RV parking fees collected from the RV owner by SCFA personnel. Regardless of how fees are collected or by whom, Renter's insurance applies to any RVs and their owners and/or occupants, parked on the Fairgrounds in conjunction with Renter's event E. Prohibited Uses Roller blades, skates, scooters, and skateboards are prohibited anywhere on the Fairgrounds, except where such items are specifically related to the event, and then only permitted in areas specified in the License Agreement For Interim Event Renter shall cooperate with, and assist SCFA personnel in the enforcement of this policy. Failure to do so may result in additional fees for enforcement being charged to Renter, or immediate cancellation of the License Agreement For Interim Event F. Theft or Damages SCFA is not responsible for theft of, or damage incurred to, vehicles or their contents while parked on the Fairgrounds. G. Parking Fees SCFA retains all rights and privileges to parking areas, including the right to charge a parking fee to all users. Parking fees will be charged at the current parking rate, unless otherwise agreed in writing by SCFA's General Manager. For private events, the Renter may choose to pay a parking buyout fee commensurate with attendance, as determined by SCFA management Exhibitors will not be charged for parking on load -in or load -out days. XIV. BUILDINGS AND GROUNDS USE A. Conditions of Grounds The Renter accepts the Fairgrounds facilities as they exist Renter should immediately report any area that requires attention to the SCFA management. B. Facilities The Renter must discuss the nature of the event and facility requirements with SCFA staff to determine feasibility. Some uses may not be appropriate for the Fairgrounds or specific sites within the Fairgrounds. SCFA management reserved the right, at its sole discretion, to determine if an event, or aspects of an event, is appropriate or inappropriate. If tents will be used, an additional deposit may be required to cover the cost of restoring a tented area to its pre -event condition. SCFA will contract for any necessary repairs and charge Renter for costs incurred. All tent locations must be approved in advance by SCFA management before any tents are erected. Tent stakes are permitted on lawn areas only, and only under the specific direction of SCFA staff. Tents set up on asphalt, concrete, or other hard surfaces may not be secured using any tent stakes, and must be secured using weighted containers only. C. Alterations/Decorations The Renter, exhibitors, or their authorized representatives shall not paint, change, alter, or tamper with any Fairgrounds property, including buildings, Floors, asphalt in roadways or parking areas, signs, piping, locks, conduits, and electrical or gas connections. At the conclusion of the event, the Renter must remove all decorating materials. The use of staples, nails, tacks, or any kind of tape for the attachment of decorations to the facilities or equipment is prohibited, unless otherwise authorized by SCFA management in writing and in advance. Decorations may be installed in areas designated by SCFA management only. D. Equipment/Services Equipment rented (tables, chairs, garbage cans, etc.) will be available in the building or rental area. It is the Renter's responsibility to position any equipment as desired. Any set-up or moving of equipment or any materials by SCFA personnel will be charged to Renter at prevailing labor rates. The cost of replacement or repair of any missing or damaged equipment will be charged to the Renter. For liability reasons, SCFA does not loan equipment such as forklifts, man -lifts, ladders, tools, extension cords, etc. Use of these items by Renter will require operation by SCFA personnel, which will be billed to Renter at prevailing equipment and labor rates. Requests for equipment rental and additional personnel must come from the Renter or an authorized representative and be documented by a signed Change Order. Contact the Event Coordinator for information and current pricing for additional items available for rent including tables, folding chairs, barricades, etc. E. Outside Equipment Rentals Renters may employ any decorating or equipment rental firm. The Renter will be responsible for renting, re -stacking and clearing equipment rented from an outside source upon conclusion of the event. SCFA will not be responsible for equipment rented from any outside source which is lost or damaged before, during or after the event. F. Damage/Loss Renter agrees to restore facilities used to the same condition in which they existed prior to the rental. If any portion of the premises is damaged, the Renter will be responsible for SCFA's labor and/or material costs to restore property to its pre -event condition. Damages caused by the elements, acts of God, or beyond the control of the Renter are exempted from charges. G. Clean Up Service Renter is expected to leave premises in their pre -event condition. If additional cleaning is required, the Renter will be charged at the prevailing labor rates. Renter may also be charged for unusual quantities of trash generated by the event and/or remaining for disposal at the conclusion of the event d Solano County Fairgrounds - Policies Governing Rental of Facilities (AS AMENDED 5/11L/2011) H. Injuries All injuries must be reported immediately to the Event Attendant or to SCFA's Guest Safety Department Renter must report the name of the injured individual, type of injury, location of injury, a description of how the injury occurred, and any other information required or necessary in order for SCFA personnel to complete an incident report If any injury requires medical attention, call 9-1-1 immediately. If public safety personnel are called to the Fairgrounds, the patient may be responsible for transport and/or associated fees. 1. Lost and Found Lost and found items should be turned in to the Fairgrounds Administration Office during regular business hours, Monday through Friday B:00 am to 4:00 pm. 1. Courtesy Credentials Upon request, a reasonable number of courtesy credentials will be made available to SCFA by Renter to enable the Association's Board of Directors, management, and staff to view the event K. Keys Keys to facilities will not be made available to Renter. All facilities will be unlocked/locked by SCFA personnel as mutually determined by Renter and SCFA management If using a building with an office, Renter may provide a padlock for the office door for the duration of the event L. Shipments The SCFA will not accept COD shipments at any time. Shipments should be scheduled to arrive at the Fairgrounds no earlier than 3 days in advance of occupancy. All deliveries sent to the Fairgrounds must be clearly marked with the name of the event and the building. Any freight or packages left for pick-up and shipment after the event ends must be arranged in advance with the Fairgrounds Administration Office. Renter is required to make arrangements in advance for unloading and storage of deliveries or pick-ups that require use of a forklift. Use of SCFA forklift and operator for this purpose, and storage of large items will be charged to Renter at prevailing rates. SCFA is not responsible for any property left on the fairgrounds after move -out, which may be removed by the SCFA personnel and stored or disposed of, and billed to Renter at prevailing rates. M. Telephone Service Phone service for events is the sole responsibility of the Renter. Lines must be ordered no later than two weeks prior to events to ensure service. Telephones and extension cords are not provided. Telephone service must be coordinated through SCFA's Event Coordinator. N. Paging Systems SCFA's paging system is for public address use only, for a fee, and is not available for music amplification. Renter must notify SCFA of its desire to use its paging system at least ten days in advance of the event. 0. Sound Standards Any sound system in use on the Fairgrounds will be set no higher than the maximum decibel level specified by SCFA. The use of any sound system in an outdoor area on the Fairgrounds shall not be permitted to continue after 11:00 p.m. Renters who violate the decibel level limit or shut off time may lose the use of outdoor sound systems for the remainder of the event No event may cause sound levels to exceed the noise ordinances established by Solano County, the City of Vallejo, or other authorities with proper jurisdiction. Failure to comply with noise ordinances may result in a fine by local authorities and/or termination of the event. P. Animals Animals, other than guide, signal or service dogs are not permitted on the grounds or inside buildings, unless the event is animal related. When animals are used as part of an event, handlers must be in full compliance with all applicable laws, ordinances, and regulations related to their humane treatment. Persons responsible for animals on the Fairgrounds must use every precaution to ensure the safety of the people attending and/or participating in the event Exceptions: Dogs, cats or other domestic animals may be kept by RV users, but shall never be permitted to roam. They must be penned or on a leash at all times. Persons having dogs, cats or other domestic animals on the grounds must use every care to assure the safety of all visitors on the Fairgrounds. Anyone in violation of this policy will be asked to remove the animal(s) from the grounds. All sanitary needs for permitted animals will be the sole responsibility of the Renter (example: collecting and properly disposing of animal waste). Sanitary needs for guide, signal or service dogs will be the patron's responsibility. Q. Games of Chance "Games of Chance" or any other related activities are prohibited if the activity is played for commercial purposes or for profit If a "raffle" or "free drawing" is to be conducted during the event by the Renter and/or exhibitors, it must be called an "opportunity drawing." R. Novelty and Special Sales SCFA retains all concession rights for the sale of novelty and special sales. Examples of novelties and special sales would include, but not be limited to, event logo items, hats, tee shirts, key chains, balloons, etc. SCFA General Manager may, at his/her sole discretion, allow Renters to sell such items and pay SCFA a negotiated fee or percentage of sales for the privilege. S. Weapons Weapons, including knives and firearms, are prohibited on the Fairgrounds. Exhibitors participating in an organized gun show may have unloaded firearms within the confines of their rented space, or be in the process of unloading/loading firearms for the purpose of display in their rented space or removal at the end of exhibit hours.