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HomeMy WebLinkAboutAGR-1071.K - ORANGE INTERNATIONAL STREET FAIR (OISF), INC. - PRODUCTION OF OISFAGREEMENT FOR PRODUCTION OF ORANGE INTERNATIONAL STREET FAIR This AGREEMENT FOR PRODUCTION OF ORANGE INTERNATIONAL STREET FAIR (“Agreement”) is made at Orange, California, on this _____ day of _______________, 2025 (herein referred to as the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ORANGE INTERNATIONAL STREET FAIR, INC., a California non- profit public benefit corporation (herein referred to as “OISF”). RECITALS A. Since 1973, the Orange International Street Fair (“Street Fair”) has been an annual event commemorating the founding of the City of Orange. B. In 1985, OISF incorporated and began producing the Street Fair and has produced the Street Fair every year since that time. C. The Street Fair provides many benefits to the City including, but not limited to, tax revenue, a well-attended community event, fundraising for local charities, and bringing new people to the City to take part in some of the experiences that make Orange unique. D. City and OISF (collectively, “Parties”) have developed a well-organized and effective working relationship throughout the years, ensuring the success of the Street Fair and the City wishes to continue to grant OISF the exclusive right to produce the Street Fair. NOW, THEREFORE, for and in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions hereof, the parties hereto do agree as follows: 1. Term and Termination of Agreement A. The initial term of this Agreement shall commence upon execution and shall terminate December 31, 2030, unless amended or sooner terminated as provided herein. The City has the right to extend the term of this Agreement for up to two (2) additional years upon the same terms and conditions as the initial term, terminating no later than December 31, 2032. Any Extension shall be approved by the City Council and memorialized in the form of an amendment to this Agreement. B. OISF or City, acting through its City Manager, reserves the right to terminate this Agreement for any reason by providing a written notice of intent to terminate to the non-terminating party no fewer than 120-days prior to the commencement of the Street Fair for said year. City and/or OISF shall not be liable to other for any claim of damages or lost profits relating to any such termination. 2. Location The Street Fair shall take place only on those public streets and rights-of-way in the City, generally described as the area of Chapman Avenue from the center line of Grand Street to the center Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 14 January AGR-1071.K 2 line of Lemon Street; and Glassell Street, Olive Street, and Orange Street from the center line of Almond Avenue to the center line of Maple Avenue, as more particularly identified in the map attached hereto and incorporated herein as Exhibit “A.” 3. Dates and Times The Street Fair shall take place on Labor Day weekend as follows: • Friday prior to Labor Day from 5:00 p.m. to 10:00 p.m. • Saturday from 10:00 a.m. to 10:00 p.m. • Sunday from 10:00 a.m. to 10:00 p.m. • Children’s Street activities shall close no later than 8:30 p.m. each night Alcohol sales and entertainment shall cease no later than 9:30 p.m. for the 2025 Street Fair. Thereafter, in consideration of public safety concerns, no later than March preceding the next Street Fair, the Chief of Police will determine if alcohol sales and entertainment shall cease no later than 9:00 p.m. or 9:30 p.m. 4. OISF Obligations A. Production of Street Fair. 1) OISF shall produce the Street Fair during the days and times stated in Section 3. 2) The “production of Street Fair” as used herein means all aspects of the planning, coordination, and execution of said Street Fair including, but not limited to reviewing and approving applications for booths; preparing and distributing advertising; obtaining all licenses, permits and other applicable governmental approvals; obtaining all insurance set forth in Section 7; and developing a budget and booth fee schedule. 3) OISF shall work with designated City representatives for business involving the Street Fair to ensure compliance with this Agreement. B. Booth Layout. 1) The proposed booth layout map is contained in Exhibit “B” attached hereto and incorporated herein. Each year, no fewer than one hundred twenty (120) days prior to the Street Fair, OISF shall submit a detailed booth layout map for approval by the City Police Department, Fire Department, Community Development, and Public Works Department. 2) All fire lanes, fire breaks, and space between cooking booths shown on the approved plan shall remain free and clear of all objects, materials, vehicles, and other obstructions during set up, throughout the duration of the fair and at break down of the fair. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 3 C. Protection of Plaza Park. 1) The center of the Plaza known as Plaza Park is not a part of the Street Fair. Plaza Park shall be closed to the public and protected by a 6-foot high chain link fence sufficient to prevent intrusion for the duration of the Street Fair. 2) The cost of such fence rental, including costs to install and remove the fence, or other means to secure Plaza Park shall be the sole responsibility of OISF. D. Children’s Street. 1) The Children’s Street shall be located at the end curb return of Chapman Avenue and Orange Street and will continue in a northerly direction for a distance of no more than 170 feet, as more particularly described in Exhibit “B.” 2) The north end of Children’s Street will maintain a minimum fire break of 20 feet at the entrance and a minimum fire lane of 20 feet through the centerline of Orange Street. 3) Children’s Street activities shall be held entirely within the limits of the public street, unless OISF submits in the master layout for review and approval that Children’s Street activities will be extended into the private lot adjacent to Orange Street. 4) Children’s Street hours of operation shall be as stated in Section 3. 5) All Children’s Street booths shall have a clear view (i.e., be see-through) from any angle within or outside of the booth. OISF shall ensure that children shorter than the height of the booth can be seen and no one will be able to crouch down next to a booth and hide. The materials used around the booth may be either mesh or see-through paneling. 6) OISF shall have personnel within Children’s Street at all times and shall take reasonable measures to prohibit alcoholic beverages within the Children’s Street area. E. Site Inspection. 1) No fewer than thirty (30) days prior to the event, at least one (1) authorized representative from OISF, the City Manager’s Office or its designee, Community Development, Fire Department, Police Department, and Public Works Department shall walk the footprint of the Street Fair to ensure the footprint meets safety standards. To ensure the timely completion of inspections and any necessary corrections, authorized representatives from the Fire Department shall conduct inspections with authorized representatives from OISF and OISF’s contracted tent vendor no earlier or later than 3 p.m. on the Thursday prior to the start of Street Fair. This includes tent structure, weight, and fire lane inspections. All identified violations shall be corrected by 10 a.m. the Friday of the Street Fair. All fire extinguishers shall be properly affixed and meet necessary code and legal standards by 3 p.m. the Friday of Street Fair. If there are any existing violations present by 3 p.m. the Friday of Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 4 Street Fair the City may remove the non-compliant vendor(s) from Street Fair, and/or prevent the violating party from participating in the Street Fair until all violations have been corrected. All verbal communications in the field pertaining to inspections and/or corrections shall be summarized and submitted in writing to all applicable parties. 2) No later than 1:00 p.m. on Friday of the Street Fair, representatives from OISF, the City Manager’s Office or its designee, Community Development, Fire Department, Police Department, and Public Works Department shall conduct a final walk-through of the Street Fair footprint to ensure compliance with all requirements. F. Parking Lot. 1) The public parking lot located approximately 100 feet south of the prolongation of Chapman Avenue on the west side of Orange Street, is to be used exclusively for the following: • Seven spots designated for City vehicles • OISF Committee personnel • Storage for the official beer sponsor • Entertainers, stage loading, and unloading personnel 2) The public parking lot locations shall be located as described in Exhibit “B.” G. Booth Applications and Selection. 1) OISF shall ensure priority, to the extent reasonably possible, for non-profit organizations based in, or operating in, the City to participate in the Street Fair. H. Alcoholic Beverages. 1) Alcohol sales shall begin no earlier than Friday at 5:00 p.m.; Saturday at 10:00 a.m.; and Sunday at 10:00 a.m. 2) Dependent on the determination made by the Chief of Police pursuant to Section 3, alcohol sales shall cease no later than 9:00 p.m. or 9:30 p.m. each night. 3) All persons purchasing, consuming, or possessing an alcoholic beverage must be wearing an OISF approved wristband. Proper signage must be in place at all selling booths informing consumers of this requirement. 4) No glass containers or cans shall be allowed in the Street Fair either by the public or vendors. All beverages sold by OISF vendors shall be in plastic cups or plastic containers with screw caps removed. 5) With the exception of refrigerated beer trailers, all alcohol shall be removed from booths nightly or otherwise secured to the reasonable satisfaction of the Police Department. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 5 6) OISF shall provide a list of booths permitted to sell alcoholic beverages to the Police Department no fewer than thirty (30) days prior to the commencement of the Street Fair: 7) No alcoholic beverages shall be permitted on North Orange Street where the Children’s Street is located. City is responsible for posting OISF-provided “No Alcohol” signage clearly visible to all who enter the Children’s Street. The signage shall be posted at both the north and south boundaries. 8) An alcohol awareness program as required by the Police Department shall be sponsored and scheduled by OISF. OISF shall ensure that all vendors selling alcohol attend this program. 9) OISF shall allow no more than sixteen (16) alcohol booths within the footprint of the Street Fair. 10) OISF shall allow only beer, wine, hard seltzers, and water to be sold from alcohol booths. J. Entertainment. 1) Dependent on the determination made by the Chief of Police pursuant to Section 3, all entertainment shall cease no later than 9:00 p.m. or 9:30 p.m. and all equipment related to entertainment shall be removed or secured thereafter. 2) Both the Police Department and Fire Department have the right to deny or stop live entertainment based on conditions that, in their discretion, may cause or create a hazardous situation to the public. 3) OISF shall furnish a complete entertainment schedule to the Police Department liaison no fewer than sixty (60) days prior to the Street Fair. 4) The Police Department shall notify OISF no fewer than thirty (30) days prior to the Street Fair of its acceptance or denial of any performers. If the Police Department rejects any performer, OISF may request approval for a replacement performer no later than one week prior to the first day of the Street Fair. K. Sanitation. Unless otherwise stated herein, OISF shall comply with all of the provisions of the Orange Municipal Code and all applicable state and federal mandates as they relate to all storm water issues and as directed by the City. L. Communications and Contacts. 1) OISF shall designate an individual to serve as a public contact for any and all inquiries, including but not limited to complaints related to the production of the Street Fair, and shall provide a list of contacts and phone numbers to the City no fewer than forty-five (45) days prior to commencement of the Street Fair. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 6 2) OISF will make reasonable efforts to engage with and educate downtown businesses and residents regarding the Street Fair, footprint, hours, entertainment schedule, and any other Street Fair logistics that may interfere with local business operations and/or resident daily activities. 3) OISF shall submit a Street Fair staff report to the City Council by April during the term of the contract for consideration. An OISF representative shall attend the City Council meeting and present the report to the City Council. Status report shall summarize the activities by OISF for the Street Fair held the previous year. Said report should include a financial summary, any notable issues, concerns, or events related to participants, downtown merchants, or any other stakeholder. M. Code of Conduct. OISF shall comply with and enforce the following guidelines related to its employees and volunteers, the general public, and all vendors within the Street Fair footprint. 1) With the exception of ADA-recognized service animals, animals are not permitted. 2) Skateboards, roller skates, scooters, bikes, or any motorized or self-propelled device (other than wheelchairs) for the purpose of personal motion are not permitted, unless approved by the City. 3) OISF representatives shall wear clothing that identifies them as being a representative of OISF, including clothing displaying the official OISF logo. N. Online Information. 1) By August 1 of each year, OISF will publish on its website: a. A complete list of non-profit participants in the upcoming Street Fair; and b. A list of non-profit participants on the waiting list for the upcoming Street Fair. O. Maintenance and Inspection of Records. 1) In accordance with generally accepted accounting principles, OISF shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. OISF will comply with the general accounting practices recommended in the Independent Accountant’s Report on applying latest Agreed Upon Procedures provided by Nigro & Nigro, PC. 2) OISF shall maintain all records relating to this Agreement and the production of the Street Fair for a minimum of three (3) years following the expiration of termination of Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 7 Agreement. All such records shall be available for inspection or review by an authorized representative of the City within ten (10) days of written notice to OISF. P. Equipment, Supplies, Costs. 1) OISF agrees to pay for all actual costs incurred for production of the Street Fair including pre- and post-planning of the event. a. “Planning” is defined as the process and staff time coordinating the production of the Street Fair between the City and OISF. 2) OISF agrees to furnish all equipment and supplies and shall bear all other costs and expenses reasonably necessary to carry out the purpose of this Agreement except as otherwise provided herein. 3) OISF agrees to reimburse City for all costs and expenses incurred by City in providing materials and services for the Street Fair, including public safety and miscellaneous personnel. a. The number of public safety personnel assigned is at the discretion of the Police Department and Fire Department. The City will notify OISF in writing when public safety personnel levels will exceed those utilized during the previous Street Fair. b. Said materials and services may include costs incurred by the City related to damage and cleanup of public and private property directly related to Street Fair activities within the Street Fair footprint as set forth in Exhibit “A.” c. Reimbursement for said materials and services shall be due and payable within thirty (30) days of receipt of an itemized statement from City. 5. Street Fair Planning Schedule and Responsibilities. The planning schedule and responsibilities of each party are described in Exhibit “C” attached hereto and incorporated herein. 6. City Obligations. A. City agrees that OISF shall have the sole and exclusive right to produce the Street Fair. B. City agrees to prepare the Street Fair footprint to a mutually acceptable condition at the City’s expense, prior to commencement of the Street Fair which includes closing the Street Fair footprint to vehicular traffic beginning at 2:00 a.m. C. City agrees to assign a liaison from each of the following departments: Public Works, Police, Fire, City Manager’s Office or its designee, and Community Development. The City Manager’s Office or its designee will act as a direct liaison with OISF as it pertains to the production, planning, and follow-up of the Street Fair. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 8 D. City agrees that any vendors or merchants within the Street Fair footprint and not otherwise participating in the Street Fair through the OISF approval process will be required to apply for and obtain a Special Event Permit from the City. E. City will encourage local businesses and neighbors to report all cleanup locations to the City within forty-eight (48) hours of the closure of the Street Fair. The City will provide an itemized bill to OISF accordingly. F. City shall provide OISF with the actual count of the number of calls for service made to the Fire Department and Police Department in relation to the Street Fair. G. City shall provide a detailed break-down of the actual costs incurred by City for labor, material, and equipment related to the Street Fair to OISF by November 30. If there are any delays resulting from unforeseen circumstances or events, the City will communicate when they expect to have the detailed break-down in writing to OISF. 7. Insurance. A. OISF shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. OISF understands that it is an independent contractor and not entitled to any worker's compensation benefits under any City program. B. OISF shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate; or (2) all the insurance coverage and/or limits carried by or available to OISF. Said insurance shall cover bodily injury, death, property damage products and completed operations, host liquor liability, and personal & advertising injury and be written on an occurrence basis. C. OISF shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to OISF. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. D. The City requires and shall be entitled to OISF’s broader coverage and/or the higher limits if OISF maintains broader coverage and/or higher limits than the minimums shown above. Any available insurance proceeds excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of OISF under this Agreement. E. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by OISF and/or its subcontractors under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 01. The Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 9 City, its elected officials, officers, employees, volunteers, boards, agents, and representatives are to be covered as additional insureds for the liability and defense of suits or claims arising out of the work or operations performed by or on behalf of OISF including materials, parts or equipment furnished in connection with such work or operations. Commercial General Liability additional insured endorsements shall be at least as broad as ISO Form(s) CG 20 10 11 85; or both CG 20 10 or CG 20 26, and CG 20 37. The minimum coverage required by Subsection B and C, above, shall apply to City as an additional insured. F. This insurance is primary to and will not seek contribution from any other insurance whether primary, excess, umbrella, or contingent insurance, including deductible, or self-insurance available to the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds. The Commercial General liability primary endorsements shall be at least as broad as ISO CG 20 01 04 13. G. Before OISF performs any work or prepares or delivers any materials, OISF shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City. H. All insurance maintained by OISF shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. I. OISF shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. J. OISF agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, OISF shall look solely to its insurance for recovery. OISF hereby grants to City, on behalf of any insurer providing insurance to either OISF or City with respect to the services of OISF herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance. Any right of subrogation against the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be waived. K. OISF shall include all OISF subcontractors, if any, and Street Fair vendors as additional insureds under its policies or shall require that said subcontractors and Street Fair vendors maintain their own insurance consistent with the requirements stated herein. 8. Indemnity. A. To the fullest extent permitted by law, OISF agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of: Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 10 1) Any and all claims under worker’s compensation acts and other employee benefit acts with respect to OISF’s employees or subcontractor’s employees arising out of OISF’s work under this Agreement; and 2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission of OISF, or person, firm or corporation employed by OISF, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property. OISF, at OISF’s own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this Subsection, and shall pay or satisf y any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this Subsection. B. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third-party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. C. The indemnitees set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to OISF and its successors. 9. Standard Provisions. A. Licenses. OISF represents that it and any subcontractors it may engage possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that OISF and subcontractors, if any, shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement. B. Independent Contractor. At all times during the term of this Agreement, OISF shall be an independent contractor and not an employee of City. City shall have the right to control OISF only insofar as the result of OISF's services rendered pursuant to this Agreement. City shall not have the right to control the means by which OISF accomplishes services rendered pursuant to this Agreement. OISF shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. OISF shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. OISF acknowledges that OISF and any subcontractors, agents or employees employed by OISF shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. C. OISF Not Agent. Except as City may specify in writing, OISF shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. OISF shall have no authority, express or implied, to bind City to any obligation whatsoever. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 11 D. Amendment. No amendment of this Agreement or its Exhibits shall be effective unless in writing, signed by OISF and City. City Manager is specifically authorized to execute amendments to this Agreement on behalf of City. E. Assignment or Subcontracting. No assignment or subcontracting by OISF of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager. F. Equal Employment Opportunity. During the performance of this Agreement, OISF agrees as follows: 1) OISF shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. OISF shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. OISF agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. 2) OISF shall, in all solicitations and advertisements for employees placed by, or on behalf of OISF, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. 3) OISF shall cause the foregoing paragraphs 1) and 2) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. G. Conflicts of Interest. OISF agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which OISF knows or has reason to know that OISF, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. OISF further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement. H. Compliance with all Laws/Immigration Laws. 1) OISF shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. 2) OISF shall comply with all applicable Fire Department guidelines in effect January 1st of any given year during which the Street Fair is produced. Additional requirements may be added by the Fire Department as necessary, and at the Fire Department’s discretion. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 12 3) OISF represents and warrants that OISF: a. Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and b. Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and c. Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of OISF’s employees; and d. Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. 4) OISF shall require all subcontractors to make the same representations and warranties as set forth in Subsection 3 above. 5) OISF shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by OISF. Once such request has been made, OISF may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees. 6) OISF shall require all subcontractors to make the same verification as set forth in Subsection 5 above. 7) If OISF or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. 8) OISF agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of the Contrator's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement. I. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and OISF agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE 13 J. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. 10. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission. “CITY” “OISF” City of Orange Orange International Street Fair, Inc. 300 E. Chapman Avenue 112 East Chapman Ave, Suite G Orange, CA 92866 Orange, CA 92866 Attn: City Manager Attn: Board President cminfo@cityoforange.org info@orangestreetfair.org IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. ORANGE INTERNATIONAL STREET CITY OF ORANGE, a municipal corporation FAIR, INC., a California corporation By: By: Printed Name: Daniel R. Slater, Mayor Title: By: ATTEST: Printed Name: Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Mike Vigliotta, City Attorney √NA President Adam Feliz Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE EXHIBIT “A” FOOTPRINT OF THE ORANGE INTERNATIONAL STREET FAIR [Behind this sheet.] Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE J: \ G i s P r o j e c t s \ S t r e e t F a i r 2 0 2 1 \ G I S \ A P R X \ S t r e e t F a i r \ S t r e e t F a i r . a p r x \ S t r e e t F a i r A r e a - 2 0 2 5 1/6/2025 Source: City of Orange (2024) 0 200100 Feet . E CHAPMAN AV E ALMOND AVE N O L I V E S T N O R A N G E S T P L A ZASQ S G R A N D S T W CHAPMAN AV S O R A N G E S T S O L I V E S T S G L A S S E L L S T W ALMOND AVE E MAPLE AVEW MAPLE AVE N L E M O N S T N G L A S S E L L S T N G R A N D S T S L E M O N S T Legend Street Fair Area Street Centerline CITY OF ORANGE ORANGE INTERNATIONAL STREET FAIR Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE EXHIBIT “B” DETAIL OF EACH STREET AND BOOTH LOCATION FOR THE ORANGE INTERNATIONAL STREET FAIR [Behind this sheet.] This item is determined and provided annually by Orange International Street Fair Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE EXHIBIT “C” ORANGE INTERNATIONAL STREET FAIR PLANNING SCHEDULE AND RESPONSIBLITES [Behind this sheet.] Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE Exhibit “C” 1 of 4 The following is a guideline for the preparation, assignments, duties and responsibilities of OISF, Orange Public Works Department (“OPW”), and other City departments in support of the Street Fair. Changes to these guidelines may be incorporated administratively as determined necessary by the City and OISF. On-going • OISF fields calls from merchants and residents prior to the Street Fair. Pre-Event (January – March) • City and OISF meet with representatives from California Department of Alcoholic Beverage Control (ABC) to ensure proposed operations for the upcoming year are in compliance with all applicable laws and regulations. • City and OISF meet with businesses within the OISF footprint whose operations are impacted by the Street Fair. Pre-Event (60 days) • City provides materials specifications to OISF. • OISF submits the layout for the parking lot described in Section 4.F to Police, Fire, Public Works for written approval. • OISF prepares and provides detailed maps of booth layout and Street Fair layout (i.e. DOB boxes, toilets and sinks) for approval by OPW, Fire and Police. • OISF submits a complete entertainment schedule to the Police Department liaison. • OISF submits draft merchant letter to City for review Pre-Event (45 days) • OISF delivers all banners to City Corporation Yard (“Corp Yard”) during regular business hours. OPW notifies OISF if any corrections are needed to their banner no fewer than 40 days prior to the Street Fair. • OISF delivers pendant flags to OPW. • Representatives from the City Manager’s Office or its designee, OPW, OPD, and OFD attends July Ethnic Street meeting to inform vendors of City policies during Street Fair. • OISF obtains quotes, schedules drop off, service and pick-up times, locations and quantities of electrical, tenting, portable toilet services, fencing, City solid waste, street sweeping and sidewalk cleaning contractors. • OISF coordinates with local high schools to provide trash collection sweeping operations. • OISF issues truck parking passes. • OISF distributes information letter to Plaza merchants and residents. • OISF provides a list of OISF contacts and phone numbers to City. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE Exhibit “C” 2 of 4 Pre-Event (30 days) • Police notifies OISF of its acceptance or denial of any performers. If Police rejects any performer, OISF may request approval for a replacement performer no later than one week prior to the first day of the Street Fair. • OISF and representatives from the City Manager’s Office or its designee, OPD, and OFD meet with the individuals scheduled to serve as Street Captains during the Street Fair. • OISF provides a list of booths permitted to sell alcoholic beverages to the Police Department. • OPW hangs banners and pendent flats. • OISF marks booth and fire-lane locations on street surface simultaneously with OPW hanging banners and pendants. OPW provides traffic control during said markings. • OISF schedules with OPW should additional nights be needed to complete markings. • OISF orders trash bags in coordination with CR&R. • OISF delivers trash bags to Corp Yard. • OISF purchases one (1) drum of degreaser and fifteen (15) gallons of deodorizer solution for the final night of street cleaning. OISF may deliver solutions to Corp Yard for storage. • At least one (1) authorized representative from the City Manager’s Office or its designee, OPD, OFD, OPW, Community Development and OISF shall walk the footprint of the Street Fair to ensure the footprint meets safety standards. Pre Event (5 days) • OPW loads all equipment and material needed for setup and closure procedures. • OPW posts “no parking signs” on streets and parking lots. Pre Event (48hours) • OPW brings stored materials to site. • OPW covers and blocks drains and trash containers located in the Plaza. • OPW closes Street Fair footprint to vehicular traffic beginning at 2 a.m. • OPW unlocks electrical boxes by 6 a.m. Thursday. • OISF coordinates with electrical contractor to place feeders. • OISF furnishes and installs electrical “customer” meters at all panel locations. • OISF coordinates drop off and location of dumpsters, Plaza fencing, tenting and portable toilets. • OPW provides and places advanced detour signs. • OPW provides and places barriers andbarricades and coordinates with Police for the removal of vehicles from the closure area and other posted parking within the footprint of the Street Fair. • OPW drops off trash bags and boxes. • OISF assembles and OPW distributes trash boxes. • OISF places grey and fresh water tanks. • OISF places grey water tank fencing. • OISF purchases and OPW installs absorb socks around toilets and grey water tanks. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE Exhibit “C” 3 of 4 • OPW delivers and OISF places alcohol, dogs and firearm signage. • OPW places traffic signals on flash. Day of the Event Duties • No later than 1:00 p.m., at least one (1) authorized representative from the City Manager’s Office or its designee, OPD, OFD, OPW, and Community Development and OISF conduct a final walk-through of the footprint of the Street Fair. • OPW opens barricades at North Olive and South Orange at 7:00 a.m. Friday to allow vendor access • OPW closes barricades at approximately 3:00 p.m. Friday after emergency vehicles have toured areas. • OPW staff periodically monitors right-of-way areas within Street Fair footprint for cleanliness and safety items. • OPW notifies OISF of any areas out of compliance. • OPW monitors large trash disposal areas compacting, cleaning and relocation of steps. • OPW remains on-site to assist OISF. • OISF inspects Street Fair footprint and reports areas in need of OPW assistance. • OISF provides crowd control • OISF ensures servicing of portable toilets as needed. Nightly Duties During Event • OISF removes and sweeps all waste off of sidewalks, shop window ledges, and streets and places all waste in fire lanes (except Sunday night). • OISF removes all bulky/large waste items from fire lanes and disposes in large dumpsters. • OISF removes all bags from trash boxes and disposes in large dumpsters. • OPW cleans up neighborhoods adjacent to the Street Fair footprint (Cypress to Center; Palm to Palmyra). • OISF sweeps fire lanes and neighboring streets on Friday and Saturday nights (Cypress to Center; Palm to Palmyra). • OISF coordinates with vendor to empty grey water tanks. • OISF fills fresh water tanks. Post Event • OISF coordinates removal of dumpsters, Plaza fencing, tenting and portable toilets. • OPW sprays degreaser into streets prior to final night’s street sweeping. • OPW sweeps entire Street Fair footprint using deodorizer. • OISF sweeps neighboring streets (Cypress to Center; Palm to Palmyra). • OISF pressure washes all sidewalks, alley ways and parking lots. • OPW removes barriers, barricades and signage, banners and pendants. • OPW disposes of pendants. • OPW turns on and synchronizes traffic signals. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE Exhibit “C” 4 of 4 • OPW removes and stores all equipment and materials at Corp Yard. • OPW disposes of banners. Upon mutual agreement, OISF and OPW will add other services as needed to ensure a safe closure, the public right-of-way is kept clean, and the safe operation of the Street Fair. Docusign Envelope ID: F51DABAE-61AB-4C01-B5E2-9EA7BEE737CE