HomeMy WebLinkAbout72-191BE ~T RESOLVED that the Board of Supervisors of the
County of Butfie hereby approves the attached agreement between
the County of Butte and Butte County Fair Association and
hereby authorizes the Chairman of this Board to execute same
on behalf of the County of Butteo
PASS.~D AND ADdPTED by the Butte County Board of
Supervisors this ~4th: day of Oc.toT'rer~ ,~972 by the
following vote:
AYES: Superv.isors Douthit, La.dd~ Nfadigan, Maxon and
Chairman Gilman.
NOES: None
ABSENT: None
NOT VOTING: None ~ w ~r A.//
ATTEST:
CLARK A. NII.SON, Gounty C1erk and
ex-offieio Clerk of the Board
Board of
By
RESOLUTION APPROVING AGREEM~NT AN'D AUTHORIZING
CHAIRMA~T OF THE BOARD OF SU~'~1tVISORS TO
EXECUTE ON BIIiALF OF THE COiJi~TY OF BUTTE
A G R E E M E N T
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This ag~eement made and entered into in trip~icate this
day of ,~9 by and between the
COUNTY OF SUTTE? a political subdivision of the State of Galifornia,
hereinafter re£erred to as the "Countyq1 and t~e BUTTE COUNTY FAIR
ASSOCI.AT~ON, hereinafter referred to as the 3'Assoc~at~on°',
W I T N E S S E T ft:
WHEREAS, the County proposed to hold and conduct an annual
County Eair in sazd County at the location hereinafter speci£ied,
and actiing by and through its duly elected, qualified and acting
Board of Supervisors, in regular session assembled, on the 22nd
day of March, 1946, by ResoZutxon, did so announce and declare
such purpose, and likewise on the same day by Resolution named and
designated the fair as the BUTT~ COUNTY FAIR (hereinafter for
convenience usually referred to as "said Rair"); and
WHEREAS, the State of California has appropriated certain
monies foz the eacouragement of county fairs and said monies are
apportioned to such €airs in accordance wiCh rules and regulations
prescribed by the Aepartment of ~inance of said State pursuant to
Section 92 of ~he Agricultural Code of said State; and
WHE1tEAS, the Assocxation has facilities available to hold
said Fair on such dates as may be hereafter selected and designated
by the Board a~ Supervisors of said Gounty for the purpose of
exhib~ting and advertising the agricultural and livestock pxoducts
of said Gounty and Staee of Cali~oxnia; and
WHEREAS, it is the mutual des~xe of the parties hereto that said
Association act as an agent of t~e County for the purpose of holding
and condu~ting sai~ rair, and have the use, possession and management
o£ ehe fa~xgrounds for the period of this con~ract~ and
WIi~IZEAS, it is mutually understood by and between the pa~ties
hereto that the law of the State of Galifornia vests i.n t[~e County an.d
its duly elected and appointed officiaJ.s and none other, the power and
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authori.ty to hold and conduct a County Fair annually, and that the
usual xecords required by County procedures must be kept in connection
therew3.th, whi.ch. saa.d recoxds consti.tute County Itecozds, and that all
money constituting gross receipts from or in connection with the
operation, holding and conducting of said Rair and through the use, posses~
sion and management of the fairgrounds, constitute Couzzty monies;
NQW~ TH~RE~`O1tE, IT IS MUTUA7~Y AGREED AS F07aI,OWS:
1. T[~e County, acting under the authority of 1aw app7.icable
thereto, will hold and conduct said ~air on its fairgrounds on th.e dates
hereafter selected and designated by the Association,
2. The County has heretofore or wi13. immediately, upon the
execution of this AgreemenC, and annually thereafeer dur3.ng the term
hereto~ presenC to the State Department of F3.nance the gremium list
for said Fair, which said list and the presentation thereof has
constituted or shall constitute an appl.icati.on on the part of the County
to the Department of Finance of the State o~ Cali.foxnia for the
apportionment~ if such has noC heretofore been made~ and the dzsbursement
to the County by the State of Califoxnia of monay from th.e ~'air and
Exposition Eund of the full amounC as by law allawed.
3. The Coun.ty will pay al~ premiums awarded by th~ judges at
said ~'air, subject to the prior approvaL of the premium 7.9.st by the
-epartment of Finaxtce and the necessary apportionment and di.sbursement
of the required funds by the State of Californi.a to the County, provided:
a;` That all premium awards are made i.n accordance wiYh
a published premiusn list approved by the A~epartmen~ of
Finance as aforesaid, and app].icable rales and
regulations of the bepartment of ~'inance, and
b,' That the certification of the awards of said
pxemiums by said judges E~as been duly and regularly
made and presented to the CounCq,'
4. The Couney will and does hereby constitute and appoine the
Association as an agent o~ the County for the fol3.owing limited purpose,
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to wit: To manage, use and possess and to operate and conduct said
Fair and £airgrounds for the period beginning January Y, 1973 and
ending December 31, 1977, whereupon this agreement shall terminate.`
5, The Association wi11, subject to the laws o£ the State of
California~ manage~ use and possess said Fair and fairgrounds~ and
operate and conduct said Fair under the direction and supexvision
of the County and within the limzts and provisions of this
Agreement to the end that said Fair shall be conducted in accordanae
with the highest and best standards for the benefit of the County and
the State of California,
6, The Association agrees to bear, assume, pay and discharge
all expenses and obligations incurred by it in connection with said
Fair, excepting alone there€ro~ the following~
a, Such sums,as said County may allocate for work
in advance of holding said Fair and othez purposes
incidental to the plans and preparation of said Fair~
b, Such sums as may be appropriated by said County
to be used for the general conduct of said Fair;
c, Such su~ns as have been approved for &isbursement
by the Board of Supervisors of said County;
d. Such sums as haVe been or may be appropriated by
the $ta~e Depaxtment of Finance to said County from Che
Fair and ~xposition Fund of the Statie of California,
which said Board of Supervisors with the conseat of the
S~ate Aepartment of Finance may deeermine to use for the
purpose of said Eairo
7. The County assumes no responsibility in connection wi.th said
Fair, except alone as herein otherwise expressly prov9.ded,
8. The County wi11 procure, maintain and pay the premium for
bodi7.y injuxy and property damage coverage, insuring jointly seid
Association and its officers and each thereo~, and said County, and
the members of the Board of Supervisors of said County and each tihereof,
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as individuals, and in their capacity as members of said Board of
Supervisors and any officer, agent or employee of the County,
individuallq and collecCively, for the period of time to be herea~ter
selected and designated by the Board of Supervisors for the management,
use and possession of said ~air and operaCion of said fairgrounds~ within
the limits of $100,000/$300,000 against liabiliey for injuries to
persons by reason of the operation of said Fair and fairgrounds~ and
to the limit o£ $5Q,000 against liability for damages by rea5on of
damxges to and destxuction of property or either of them, as fhe
result of the opexat~on of said Fair and £airgroundso`
9, Tha Associatzon w~l~ at all times and in a11 evenCs under
Chis Agreement save harmless the Connty against a11 action, proceadings,
claims, demands, expenses and damages, regardless of their nature of
chaxactar, in any manner connected with, arising out o~, or
appertainir~ to said Fair and fairgrounds, except as herein otherwise
expressly provided,'
10, The Association wi11 accurately make and keep a11 records
subsCanCially in agreement with the accounting and procedures as
illustrated in the Manuxl oE Accounting and Procedure for Agricultural
Fairs, issued by the Department o~ Fznance, Division of ~airs and
Expositions, of all of its transactions as an agent hereunder, and will,
among other things, require and procure serial~y numbered receiptis in
duplzcate (or triplicate) ~or any and a11 money received and detailed
itemized invoices or other supporting documents for any and all money
disbuxsed or expended bq the Associatioa in connection witih its
execu~ive management and conCxol of said Rair and fairgrounds, and
at the conclusion of said Fair, wi11 submit to and file with the
Co~nty a complete itemized statement of all receipts and all disburse-
ments, togethex with original entry bZanlcs, judgi.ng sheets and other
donuments pertaining to said Fair.' Associatioa hereby agrees that a11
books, records and documents per~aining to said management an.d control
sha13. be subjact to examination by Che State Departu~ent of Finance and
that a7.1 such books, recozds and documents not transterred to and
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reta~ned by the Gounty sha11 be preservad bq the Association and be~
and rema~n publxc records.
11. The Associatzon shall retaxn a~d use aIl znonzes recezved by zt
from the conducting o~ saxd Fazx, and from the use, possession and
management o~ the said £airgrounds, and sha11 pay thexe~rom all
expenses incurred in connec~ion with both, ~he Association shall
carry out all provisions of law re~ating to county ~airs, In accoxdance
with Sections 25905 and 25906 of the Government Code, the Assoc~at~on
agrees Chat a11 net proceeds received by such Association from whatevex
source, sha11 be deposited by it within 60 days a~~er the conclusion
of any said fair in a county fair fund in the County Treasury, and
that an a1Zua1 budget sha11 be submitted by it to and approved by the
Departmenti of Finance after approval by the County Board o~ Supexvisors,
showing the estimated revenues and the proposed expenditures from ail
sources during the ensuing caleadar year, and no ~unds shall be expen@ed
by such Association except pursuant to such budget.
12, The Association agrees to fi3.e wi.th the clerk of the Board of
Supervisors of said County;;and with the Deparfiment o£ Fi.nance, a
certified copy o~ the minutes of each meeting o~ the Board of
-irectors of said. Associatiore within three {3) business days after
each such meeCing.
13o That said Association agrees that aJ.l. contzacts wE~ich it
executes, including buC not limited to~ exhibzt space~ concession
services, non-fair usage, or for construction, shall have the approval
o£ a quorum of the Board of Directors o£ the Association and shall be
recozded in the ~uinutes o~ the meeting,
7.4, The Association and the County agree that with. respect to the
commitment or expendiCUre of any funds aibcated by an executive ordex
of tl-ce State Director of Finance pu~suant to Section i9626 of tkte Business
and Professions Code, the regu7:ar County procedure with respect to
puxchases, employment of personn.el and contracCS, must be fo7.7.owed,
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15, The Associ.at~on w9.1]. not permit or aZlow any violation af
the pena7. 7.aws of the State of California at or in connection with
said Fair in so far as it is possible to prevent the same,
16o The kl,ssociation, during the period of said ~'air, will not
engage in the conduct or operation in said County of any other fair,
exposition or contesto
17, Th.e agency herein created is for a public benefi~ and eha~ th.e
limits thereo£ are as lsq this Agxeement fixed and detiermined, i~
being mutuallp anderstood and agreed tihati ehe Association shall assume
execueive management and contxol o~ said Fair, subject, however, to
the direction, supervision and ultimate control of the County acting
directly or through its regularly appointed Eair committee,
18, IT IS FURTI~R MUTUALLY UNDERSTOOD AND AGREED, ehat this
Agreement shall be without force or effect unless it is approved by
the State Department of Financeo
IN WITNESS WHEREOF`, the County has, by order of its Board of
Sapervisors, caused these presents to be subscribed by the Chairman of
said Board and to be attested by the Clerk o£ said Board, and the
Association has du3.y caused these presents to be subscribed by its
duly authorized of£icers who have affixed the corporate sea7. o~ Che
Association hexeto, the day, month, and year first above writteno
BOL~3tB
OF TH~ COUI~TY OF BUTTE
C, A. GI73~1AN, man
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~ ,~,;~w:rovcrc~ a> ia~ ~isca~
ATTESTo ane ?~uegr:tarf Cc~'cr~!
County Clerk and ex-officio ~E~~ for~s .1e -.mer~`.
Clerk of the Board of Supervi.soxs
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By
ABP D AS FORME
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By' ~ ~ ~~2.4/Iz"c ,/
County Counsel
Ra R. Cas adq, Chairman
Burte County Fair Board o Directors