Del Mar City Council
April 3, 2023

FINANCIAL PROPOSAL FORM
Option Year Two: 2025
Per Month Flat Fee Months Part One Total
$________________ X 12 = $_______________________
PART TWO: ADDITIONAL SERVICES (UNANTICPATED TASKS)
List of Staff Title:
2023 2024
(Option Year 1)
2025
(Option Year 2)
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
$ /HR $ /HR $ /HR
Average Hourly Rate = $ /HR $ /HR $ /HR
Part Two Total (Average HR X 1000) = $ __ __ $ ______ $ ______ Total Paid to Contractor
(sum of totals from Part
One and Part Two)
Year One
2023
Option Year One
2024
Option Year Two
2025
$________________ $________________ $________________
Grand Total for Evaluation Purposes
(sum of three annual totals above) $__________________________ 93 April 3, 2023 Item 12
22nd District Agricultural Association
RFP No. 23-006

FINANCIAL PROPOSAL FORM
Are you claiming preference as a small business? ______ Yes ______ No _____________________________________________ _______________________________________

FIRM NAME FEDERAL IDENTIFICATION NUMBER
_____________________________________________ ____________________________________

COMPLETE MAILING ADDRESS TELEPHONE NUMBER
_____________________________________________ ____________________________________

CITY, STATE, ZIP CODE EMAIL ADDRESS
By his/her signature on this bid form, Bidder certifies that he/she has read and understands the RFP package, including the information regarding protest procedures. Further, Bidder certifies that the information provided by Bidder is accurate, true and correct and not intended to mislead the 22nd DAA in any manner. _____________________________________ __________________________________________

PRINT NAME & TITLE SIGNATURE
____________________
DATE
94 April 3, 2023 Item 12
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PROPOSERS/BIDDERS REFERENCES FORM
22nd DAA may, at its option, use information gained by conducting reference checks with references provided or from the individuals who have had contracts with the Proposer/ Bidder. The Proposer/Bidder shall be given the opportunity to respond to unfavorable information which has been acquired from references other than those provided by the proposer.

Each form must be signed by the Proposer/Bidder confirming that the information provided is true and accurate.

REFERENCE #1:

Company Name:

Contact Name: Phone:

Address:

Email Address:

Services Provided:

Notable Outcomes:

REFERENCE #2:

Company Name:

Contact Name: Phone:

Address:

Email Address:

Services Provided:

Notable Outcomes:

REFERENCE #3:

Company Name:

Contact Name: Phone:

Address:

Email Address:

Services Provided:

Notable Outcomes:

By signing this form, “Proposers/Bidders References Form,” I am affirming that all of the information provided is true and accurate.

Signature Title
Date

RETURN THIS FORM WITH YOUR PROPOSAL/BID
97 April 3, 2023 Item 12
Contractor/Bidder Firm Name (Printed) Federal ID Number Date Executed Executed in the County of
Contractor Certification Clauses
CCC 04/2017

CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

By (Authorized Signature)
Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 98 April 3, 2023 Item 12
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably 99 April 3, 2023 Item 12
required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and 100 April 3, 2023 Item 12
Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. 101 April 3, 2023 Item 12
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103 April 3, 2023 Item 12
SUBCONTRACTOR’S DECLARATION (Form)
(This form must be completed by every subcontractor)
I, ________________________________________, declare as follows:

I am the owner, or an officer or director of the owner (Subcontractor), of the items listed at the bottom of this subcontractor’s declaration (attach additional sheet if necessary). I am providing this equipment to the following Bidder/Prime Contractor________________________________________________ for use during the duration of the IFB/RFP terms.

The statements made herein are true of my own knowledge, except as to those statements that are made on information and belief, and as to those statements, I believe them to be true.

The State of California, the 22nd DAA and the San Diego County Fair are not partnering to any agreement between me, the Subcontractor, and the Bidder/Prime Contractor regarding the described items and concerning use of the items.

I understand that it is my responsibility to ensure that all requirements set forth in the IFB/RFP regarding the equipment including but not limited to the following: (1) all insurance policies, required licenses and permits, and statements are current and valid at the time of award of any contract and during performance of an awarded contract.

I hereby hold harmless the State of California, the 22nd DAA, the San Diego County Fair, their employees and officers from any and all liability arising from use of the item(s) at any time during its transportation to or from, during installation or removal from, or while in operation at the 22nd DAA property or San Diego County Fair.

I am the owner or authorized to sign contracts on behalf of the owner.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct and that this declaration is signed this __________day of___________________, 2022.

Legal Name of Owner _______________________________________________________________ Address: _________________________________________________________________________ Phone Number: ________________________________
Signed by: __________________________________ ____________________________ Name Title
Signature: _____________________________________

RETURN THIS FORM WITH YOUR BID/PROPOSAL
SUBCONTRACTOR’S DECLARATION (Form)
104 April 3, 2023 Item 12
STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS
(Rev. /20 )
Instructions: The disabled veteran (DV) owner(s) and DV manager(s) of the Disabled Veteran Business Enterprise (DVBE) must complete this declaration when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment [Military and Veterans Code Section 999.2]. Violations are misdemeanors and punishable by imprisonment or fine and violators are liable for civil penalties. All signatures are made under penalty of perjury.

SECTION 1
Name of certified DVBE: DVBE Ref. Number:

Description (materials/supplies/services/equipment proposed):

Solicitation/Contract Number: SCPRS Ref. Number:__________________________ (FOR STATE USE ONLY)
SECTION 2
APPLIES TO ALL DVBEs. Check only one box in Section 2 and provide original signatures.

I (we) declare that the DVBE is not a broker or agent, as defined in Military and Veterans Code Section 999.2 (b), of materials, supplies, services or equipment listed above. Also, complete Section 3 below if renting equipment.

Pursuant to Military and Veterans Code Section 999.2 (f), I (we) declare that the DVBE is a broker or agent for the principal(s) listed below or on an attached sheet(s). (Pursuant to Military and Veterans Code 999.2 (e), State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent DVBE participation goal.) All DV owners and managers of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):
(Printed Name of DV Owner/Manager) (Signature of DV Owner/ Manager) (Date Signed) (Printed Name of DV Owner/Manager) (Signature of DV Owner/Manager) (Date Signed) Firm/Principal for whom the DVBE is acting as a broker or age nt:
(If more than one firm, list on extra sheets.) (Print or Type Name) Firm/Principal Phone: Address:

SECTION 3
APPLIES TO ALL DVBEs THAT RENT EQUIPMENT AND DECLARE THE DVBE IS NOT A BROKER.

Pursuant to Military and Veterans Code Section 999.2 (c), (d) and (g), I am (we are) the DV(s) with at least 51% ownership of the DVBE, or a DV manager(s) of the DVBE. The DVBE maintains certification requirements in accordance with Military and Veterans Code Section 999 et. seq.

The undersigned owner(s) own(s) at least 51% of the quantity and value of each piece of equipment that will be rented for use in the contract identified above. I (we), the DV owners of the equipment, have submitted to the administering agency my (our) personal federal tax return(s) at time of certification and annually thereafter as defined in Military and Veterans Code 999.2, subsections (c) and (g). Failure by the disabled veteran equipment owner(s) to submit their personal federal tax return(s) to the administering agency as defined in Military and Veterans Code 999.2, subsections (c) and (g), will result in the DVBE being deemed an equipment broker.

Disabled Veteran Owner(s) of the DVBE (attach additional pages with signature blocks for each person to sign):
(Printed Name) (Signature) (Date Signed)
(Address of Owner) (Telephone) (Tax Identification Number of Owner) Disabled Veteran Manager(s) of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):
(Printed Name of DV Manager) (Signature of DV Manager) (Date Signed) Page of

PRINT CLEAR
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STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES DGS OLS 04 (Rev. 01/17)
Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect toany contract in the amount of $100,000 or above shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of thefollowing:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of theCivil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies arenot used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

By (Authorized Signature)
Printed Name and Title of Person Signing
Executed in the County of Executed in the State of
Date Executed
Proposer/Bidder Firm Name (Printed) Federal ID Number
106 April 3, 2023 Item 12
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
OPTION #2 – WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.
107 April 3, 2023 Item 12
We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number
Printed Name and Title of Person
108 April 3, 2023 Item 12

IRAN CONTRACTING ACT VERIFICATION FORM
(Public Contract Code sections 2202-2208)
Prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d). The DGS list of entities prohibited from contracting with public entities in California per the Iranian Contracting Act, 2010, can be found at:

Department of General Services Procurement Division Iran Contracting Act List To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below.

Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and threeyear ineligibility to bid on contracts. (Public Contract Code section 2205.)
OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.
109 April 3, 2023 Item 12

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in
OPTION #2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed
110 April 3, 2023 Item 12
22nd District Agricultural Association
RFP No. 23-006
47 REFERENCE MATERIAL
RFP No. 23-006, Highest and Best Use Feasibility Consultant 22nd DAA Facilities Maps – 4 Pages
111 April 3, 2023 Item 12
22nd District Agricultural Association
RFP No. 23-006

REFERENCE MATERIAL

FACILITIES MAPS
22nd DAA Facilities
112 April 3, 2023 Item 12
22nd District Agricultural Association
RFP No. 23-006

REFERENCE MATERIAL

FACILITIES MAPS
Del Mar Fairgrounds
113 April 3, 2023 Item 12
22nd District Agricultural Association
RFP No. 23-006

REFERENCE MATERIAL

FACILITIES MAPS
Horse Park
114 April 3, 2023 Item 12
22nd District Agricultural Association
RFP No. 23-006

REFERENCE MATERIAL

FACILITIES MAPS
Surf and Turf
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22nd District Agricultural Association
RFP No. 23-006
52 SECTION 6.0

SAMPLE STANDARD AGREEMENT
The following pages outline the Statement/ Scope of Work and Terms and Conditions of the Agreement that the winning Proposer and District will enter into as a result of this RFP. 116 April 3, 2023 Item 12

2. The term of this Agreement is:
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118 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

EXHIBIT A

STATEMENT/SCOPE OF WORK TO BE PERFORMED
A. This section describes an overview of the work to be performed by the Proposer who is awarded the contract and contains the language, terms and conditions that shall be incorporated and will become a part of any contract awarded pursuant to this RFP.

B. BACKGROUND AND GOALS
The principal objectives for the highest and best use analysis study include:
• Evaluating opportunities for enhanced development of the various District properties congruent with District’s mission of offering agricultural, educational, recreational and entertainment opportunities to San Diego County residents. • Analyzing the opportunity for success of prospective land uses within the context of Purpose, Mission, Vision, Values, and Objectives of District. o Objectives
 Connection
 Environmental stewardship
 Net revenue generation
 The Fair – fundamentally why District exists
 Serving as a resiliency center and resource
• Developing a pragmatic, fiscally responsible land use plan, including appropriate upgrades and improvements to existing facilities and grounds and the addition of new facilities to support current and new program opportunities. • Presentation of options for funding improvements.
• Public and community thought leader engagement.

C. WORK TO BE PERFORMED
Contractor shall provide qualified personnel capable of providing the services described herein.

Contractor and its personnel shall have the capacity to work efficiently and in a collaborative manner with a multi-disciplined team including District Board of Directors, Executive Leadership Team, and staff.

Contractor shall maintain the appropriate level of community thought leader engagement in the feedback process, serving as a liaison for communication relative to the findings, options, recommendations, etc.

Contractor shall develop a Highest and Best Use Feasibility Model (HABU) and strategy that aligns with the Purpose, Mission, Vision, Values, and Objectives of District in support of local/regional community demographics and socioeconomics. The HABU shall include but not be limited to:
• Comprehensive market research and statistical analysis • Market studies to define opportunities and risks for proposed types of uses • Feasibility of highest and best use options based on return on investment • Economic impact projections
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22nd District Agricultural Association
Agreement Number: 23-006

EXHIBIT A

STATEMENT/SCOPE OF WORK TO BE PERFORMED
• Necessary staffing levels for efficient and effective operations Contractor shall provide a comprehensive and thorough analysis of each HABU in terms of market and economic trends in the form of Pro Forma and Financial Forecasts that make recommendations for successful project development and expresses the return on investment.

Contractor shall assist in Implementation Planning through the development of an execution timeline, expected cash outflows, key milestones, and necessary deliverables.

Contractor shall produce a Final Report including but not limited to an executive summary, details of the outcomes of the scope of services above, pro forma, high-level cost estimate, highlevel implementation schedule, and recommendations.

Contractor shall provide options for optimal facility program (high-level space planning) including high-level estimated construction and soft costs.

All work will be performed under the direction and supervision of District.

D. GENERAL PERSONNEL SERVICES AND REQUIREMENTS
Contractor and its personnel will conduct themselves in a thoroughly professional manner at all times. Contractor’s personnel shall exhibit a high level of customer service at all times.

E. DISTRICT ROLES AND RESPONSIBILITIES
District will provide a list of personnel who are authorized to request services and/or provide instructions to Contractor. Contractor shall not accept instructions from or convey information to anyone not included on the personnel list provided by District.

F. The Project Representatives during the term of this Agreement will be:
22nd District Agricultural Association Contractor: TBD
Name: TBD Name:

Address: 2260 Jimmy Durante Boulevard
Del Mar, CA 92014
Address:

Phone: Phone:
e-mail: e-mail:

The parties may change their Project Representative upon providing ten (10) business days written notice to the other party. Said changes shall not require an Amendment to this Agreement.
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22nd District of Agricultural Association
Agreement Number: 23-006

Exhibit B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the relevant invoices, the District agrees to compensate the Contractor in accordance with the method and rates outlined in the Financial Proposal Form.

B. Invoices shall include the Agreement Number and shall be submitted not more frequently than monthly in arrears to:
22nd District Agricultural Association
Del Mar Fairgrounds
Attn: Accounts Payable
2260 Jimmy Durant Blvd.

Del Mar, CA 92014
Alternatively, invoices can be submitted electronically to [email protected].

C. The invoice shall contain the following information:

1. The word “INVOICE” should appear in a prominent location at the top of page(s);

2. Printed name of the Contractor;

3. Business address of the Contractor, including P.O. Box, City, State, and Zip Code;

4. The date of the invoice;

5. The number of the Agreement upon which the claim is based; and

6. An itemized account of the services for which the District is being billed; a) The time period covered by the invoice, i.e., the term “from” and “to”; b) A brief description of the services performed;
c) The method of computing the amount due.
d) The total amount due; this should be in a prominent location and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor under the terms of this Agreement

2. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
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22nd District Agricultural Association
Agreement Number: 23-006

Exhibit C
GeneralTermsandConditions (GTC 04/2017)

1. APPROVAL: This Agreement is of no force or effect until signed by both partiesand approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall bevalid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal writtenamendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records forpossible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interviewstaff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may beinjured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of suchtermination the State may proceed with the work in any manner deemed proper bythe State. All costs to the State shall be deducted from any sum due the Contractorunder this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees ofContractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
122 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

Exhibit C
GeneralTermsandConditions (GTC 04/2017)

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, orsupplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any personon the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information,marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article

9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representativesof the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no caseless than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require toascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of thisclause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSEScontained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein,shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted inaccordance with the laws of the State of California.
123 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

Exhibit C
GeneralTermsandConditions (GTC 04/2017)

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifiesthat if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the followingdefinitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General maybring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 ofthe Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effectiveat the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one yearfrom such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5of Division 9 of the Family Code; and 124 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

Exhibit C
GeneralTermsandConditions (GTC 04/2017)
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the namesof all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreementis unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATIONREPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as maybe specified elsewhere in this Contract) report to the awarding departmentthe actual percentage of small business participation that was achieved. (Govt. Code § 14841.)

20. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address ofthe DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

21. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “lossleader” as defined in Section 17030 of the Business and Professions Code. (PCC10344(e).) 125 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

Exhibit D

SPECIAL TERMS AND CONDITIONS

1. Approval
This Agreement is of no force or effect until duly accepted and signed by both parties and approved by the Department of Food & Agriculture, if required. Contractor may not commence performance until such approval has been obtained.

2. Indemnification
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of California (“State”), the 22nd District Agricultural Association (“District”) aka Del Mar Fairgrounds (“Fairgrounds”), and their respective agents, directors, and employees (collectively the “District”) from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of this Agreement, regardless of responsibility of negligence; by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local, successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the District. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the District with respect to the sole negligence or willful misconduct of the District, its employees, or agents (excluding the Contractor herein, or any of its employees or agents.)

3. Independent Contractor
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the District.

In no way does this Agreement create a partnership, joint venture, landlord-tenant, principalagent or such similar relationships between the parties.

4. Potential Subcontractors
Nothing contained in this Agreement or otherwise, shall create any contractual relation between the District and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the District's obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

5. Appearance, Conduct, or Demeanor
Contractor and Contractor’s employees shall dress uniformly and shall be courteous, efficient and neat and clean in appearance at all times. Identification as Contractor’s employee will be prominently displayed at all times.

Contractor understands and agrees that District management, at its sole discretion, may determine that a person or agent utilized by Contractor in the performance of this contract, due to his or her appearance, conduct, or demeanor may be unacceptable to the District, if it is determined that such appearance, conduct, or demeanor is detrimental to District’s operations.

Contractor agrees to remove such person or agent from operations arising out of this contract.

Determination by District management regarding these matters shall be final. 126 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

Exhibit D

SPECIAL TERMS AND CONDITIONS
Contractor agrees that it will not sell, exchange or barter, or permit its employees to sell, exchange or barter, any ticket, admission, permit, or license issued by the District to Contractor or its employees.

6. Smoking Policy
By signing this Contract, the Contractor hereby certifies that they have read, understand, and will comply with State Law and the District’s Smoking Policy, as follows:

State law expressly prohibits smoking in all buildings and enclosed areas on the Del Mar Fairgrounds. A no smoking zone also exists within 20 feet of any entrance to a building on the Fairgrounds. In addition, as a matter of public health and courtesy, the District’s policy is to attempt to provide a smoke-free environment to all nonsmoking individuals here to conduct business or members of the public, whether they are congregating within a building or outside on the grounds. Contractors, Subcontractors and their employees wishing to smoke in an outside location while on break are expected to be sensitive to the needs of nonsmokers at all times.

Please Note: During the San Diego County Fair, the entire Fairgrounds is smoke free. Smoking is only allowed in designated smoking areas. All Contractors, Subcontractors, and their employees must comply with the law. It is the responsibility of the Contractor/Subcontractor to ensure that all employees are informed of and comply with this policy.

7. Nonexclusively
Contractor understands and agrees that this is a nonexclusive Agreement. District may hire other contractors for work of a similar or identical nature.

8. Licenses and Permits
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary, however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the District a copy of your business license or incorporation papers for your respective state showing that your company is in good standing in that state.

In the event, any license(s) and/or permit(s) expire at any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the District may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

9. Fire Regulations
Contractor agrees to observe and comply with all fire regulations as prescribed by the State Fire Marshall.

10. Settlement of Disputes
Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of informally within a reasonable period of time of ten days between the Contractor 127 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

Exhibit D

SPECIAL TERMS AND CONDITIONS
and District Contract’s Manager, or other normally responsible for the administration of this contract, shall be brought to the attention of the District’s Chief Executive Officer (or designated representative) of each organization for joint resolution (Public Contract Code Section 22200 and California Code of Regulations, Title 1, Section 300 et seq.).

In the event of such an informally unresolved dispute, Contractor shall file a "Notice of Dispute" with the District Contracts Manager and Chief Executive Officer within ten (10) days upon failure to informally dispose of such a dispute. The decision of District’s Chief Executive Officer shall be final.

11. Conflict in Terms & Conditions
Where the terms of this Agreement or District/State’s documents are more specific, or are inconsistent or in conflict with the provisions, terms, and conditions set forth in the Contractor’s proposal or Contractor’s documents, both parties agree that the terms set forth in District/State’s documents shall supersede and take precedence over Contractor’s proposal or Contractor’s documents.

12. Termination
The District reserves the sole and exclusive right to terminate this Agreement, at any time, with or without cause, by giving the Contractor notice in writing at least thirty (30) calendar days prior to the date when such termination shall become effective. Such termination shall relieve the District of any further payments, obligations, and/or performances required in the terms of the contract.

If by any reason the District is unable to perform their obligations in connection with this Agreement, as a result of any Act of God, war, epidemic, accident, fire, public emergency, strike, lock-out, or other labor controversy, riot, civil disturbance, act of public enemy, law enactment, rule, restraint, order, or act of any governmental instrumentality or military authority, failure of technical facilities, failure, delay or reduction of services, explosion, destruction of District property, or other buildings or facilities on the District’s fairgrounds property or other cause not reasonably within the District’s control and which renders the District’s obligations under this Agreement impossible, infeasible, or unsafe in any way or any event then, the District may cancel this agreement in its entirety effective immediately upon notice and neither party shall have any further liabilities and/or obligations in connection therewith.

13. Excise Tax
The State of California/District is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The District will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

14. Entire Agreement
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and may not be modified, amended or any provision hereof waived, other than by written instrument executed by both parties.

15. Ban
The mass release of helium balloons is strictly prohibited. 128 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

Exhibit D

SPECIAL TERMS AND CONDITIONS

16. Drone Policy
The operation or use of any drones, unmanned aircraft/flying systems, and remotely-controlled or radio-controlled flying machines (whether or not motorized) of all types, shapes, and sizes (collectively, “drones”) at any time on the property of the District is prohibited under all circumstances except pursuant to the terms and conditions of written permission from the District. This policy applies to all individuals, persons, companies, and business entities and includes, but is not necessarily limited to, promoters, tenants, renters, patrons, visitors, and guests.

Permission to stay or remain on District property may, in the discretion of the District, be revoked for any person[s] in violation of this policy.

17. California Franchise Tax Board
Contractor may be subject to State withholding by the Franchise Tax Board (refer to Exhibit B).

18. Conflict Of Interest Prohibition
Contractor will comply with the requirements of California Government Code Section 1090 et seq. and any and all other ethics laws applicable to the performance of this Agreement. The Contractor may not perform services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to the Contractor’s obligations pursuant to this Agreement. The Contractor agrees to cooperate fully with the District/State and to provide any necessary and appropriate information requested by the District/State or any authorized representative concerning potential conflicts of interest or prohibitions concerning the Contractor’s obligations pursuant to this Agreement. Contractor may not employ any District/State director, official, officer or employee in the performance of this Agreement, nor may any director, official, officer or employee of the District/State have any financial interest in this Agreement that would violate California Government Code Section 1090, et sq. Contractor acknowledges and understands that, if this Agreement is made in violation of Government Code Section 1090, et seq., this entire Agreement is void and the Contractor will not be entitled to any compensation for Contractor’s performance of this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the District/State for any sums paid to the Contractor under this Agreement. Contractor understands that, in addition to the foregoing, penalties for violating Government Code Section 1090 may include criminal prosecution and disqualification from holding public office in the State of California. Any violation by the Contractor of the requirements of this provision will constitute a material breach of this Agreement, and the District/State reserves all its rights and remedies at law and in equity concerning any such violations.

19. Recycling Policy
In an effort to address environmental concerns, the District has established a goal of "Zero Waste". The District maintains a policy of mandatory recycling on the Fairgrounds. We are committed to doing our part to insure a clean, environmentally safe world for future generations to enjoy. When conducting services on District property Contractors must breakdown (flatten) all cardboard boxes and place them inside the blue cardboard recycling dumpsters found in designated areas of the Fairground. Please do not use cardboard boxes for trashcans. Other items which must also be recycled include glass bottles, plastic containers, tin, aluminum, metals & AAA-D batteries (no automobile batteries). Please use the recycling receptacles 129 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

Exhibit D

SPECIAL TERMS AND CONDITIONS
provided for public use throughout the grounds for beverage containers. Contractors are not to leave any hazardous materials (including paint) on the Fairgrounds. They must be removed when you leave the grounds. Use of polystyrene foam containers is prohibited. If you have questions regarding this policy, please contact the District Sustainability Coordinator at (858) 792-4298.

Violators may be fined up to $200.00 per instance for not following the District Recycling Policy.

20. Russian Sanctions
EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

The Contractor represents that the Contractor is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Contractor is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountry-information/ukraine-russia-related-sanctions). The Contractor is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Contractors with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.

For Contractors with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:

1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;

2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and

3. Direct support to the government and people of Ukraine. 130 April 3, 2023 Item 12

INSURANCE REQUIREMENTS
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, the California Fair Services Authority, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:

A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:

1. List as the Additional Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or nonprofit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."

2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.

3. Coverages:
a. General Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to, the following: $5,000,000 per occurrence for Carnival Rides and for Freefall Attractions (elevated jumps involving airbags); $5,000,000 per occurrence for the following types of Motorized Events: automobile races, drifting exhibitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows, figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini-stock, dwarf cars, micro lights, enduro, pro stock; $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events and for Swap EXHIBIT D, ATTACHMENT I 22nd District Agricultural Association Agreement Number: 23-006

131 April 3, 2023 Item 12
Meets/Flea Markets held two or more times per calendar year; $2,000,000 per occurrence for the following Motorized events: car jumping contests/demonstrations of hydraulic modifications to automobiles; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types that require a DOSH permit to operate, and Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.

The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter’s activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of Insurance.

If there is a self-insured retention or deductible in the contractor/renter’s coverage equal to or in excess of $100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter’s policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information.
b. Automobile Liability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law. d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.

4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.

5. Certificate Holder:
• For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder.
• For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.

EXHIBIT D, ATTACHMENT I 22nd District Agricultural Association Agreement Number: 23-006

132 April 3, 2023 Item 12

6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.

7. Insured: The contractor/renter must be specifically listed as the Insured.

OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.

OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).

OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of selfinsurance has been approved by California Fair Services Authority (CFSA).

II. General Provisions

1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation,medicalmalpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work orservices shall be performed prior to the giving of such approval. In the event the contractor/renter failsto keep in effect at alltimesinsurance coverage as herein provided, the fair may, in addition to any other remediesit may have, take any of the following actions:(1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage isin effect; and (3) obtain such insurance coverage and deduct premiums forsame fromany sums due or which become due to contractor/renter under the terms of this contract.

2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.

3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damagesresulting from EXHIBIT D, ATTACHMENT I 22nd District Agricultural Association Agreement Number: 23-006

133 April 3, 2023 Item 12
contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.

4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy ofthe original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).

III. Participant Waivers

1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter.

2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events and provides a copy to the contractor/renter.

3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement.

4. Hazardous participant events include, but are not limited to, any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921-2213 for further information and for CFSA Release and Waiver Form.

EXHIBIT D, ATTACHMENT I 22nd District Agricultural Association Agreement Number: 23-006

134 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

EXHIBIT E
Preventing Storm Water Pollution
For Contractors, Staff, Promoters, Vendors and Participants The San Diego County Fairgrounds (“Fairgrounds”) has prepared and implemented a Storm Water Management Plan to prevent pollutants from entering the nearby San Dieguito River and Stevens Creek, leading to the Pacific Ocean, as well as comply with State and Federal storm water requirements. Whether your project/service is a few hours or for a longer period of time, by entering into this agreement it is mandatory that you follow the requirements below, or you will be subject to fines and cleanup costs:
• Keep soil and liquids away from storm drains and paved areas. NEVER sweep or wash anything into storm drains.
• NEVER dump liquids, trash, oil, grease, or other pollutants into or near storm drains, gutters or planters. Properly dispose of these items as directed. • Rinsing down equipment or vehicles is PROHIBITED, unless done in the designated wash facility, with prior authorization from Fairgrounds Management. • Monitoring vehicles and equipment to ensure there is no leakage of fluid on Fairgrounds property.
• Know the location and the proper use of spill kits.
• Know where disposal areas are located and the proper disposal methods for trash, paint, hot ashes, grease, oil, hazardous materials etc.
• Keep equipment away from silt fences, fiber rolls and other sediment barriers. • Only use designated site entrance/exits.
• Keep equipment off and out of seeded, planted, mulched or stabilized areas. • Pick up all trash and animal wastes.
• Contact your Fairgrounds Staff contact person with any questions.

ENFORCEMENT
Failure to comply with storm water pollution prevention requirements is a contract violation and may result in fines/penalties, including cancellation of any Fairgrounds contract and reporting to outside regulating authorities. The cost of cleanup resulting from the violation will be passed on to the violator. If Contractors are found to be in violation of the above requirements, Fairground’s Environmental staff (or their designees) will initiate the following measures to ensure the earliest compliance to remedy the situation:

Verbal/Written Warning – Identify the issue and determine the required remedy for soonest resolution of the violation. Discussions will be documented in writing.

Fines/Penalties/Cleanup Costs – Any fines assessed by other agencies will be the responsibility of the Contractor as well as any cleanup costs incurred by the Fairgrounds will be charged to the Contractor. Without notice Fairgrounds my deduct fines, penalties and cleanup costs from any invoices submitted by the Contractor for payment.

Agreement Cancellation – Fairgrounds may immediately and without notice; cancel any agreement due to storm water violation, possibly bar Contractor from future work at Fairgrounds and potentially report Contractors actions to outside agencies.

Thank you in advance for your cooperation with the above storm water pollution prevention requirements.

Visit the following resources to learn more about storm water pollution prevention:
www.sdcoastkeeper.org
www.projectcleanwater.org
www.thinkblue.org
135 April 3, 2023 Item 12
22nd District Agricultural Association
Agreement Number: 23-006

EXHIBIT F
22nd DAA RESOURCE CONSERVATION POLICY
The 22nd DAA has removed all sink garbage disposals from its facilities, has a “no Styrofoam” policy, and has a goal of zero waste. Proposers must consider this in their proposal, as well as the following sewer/water, energy and solid waste reduction methods:

1. Separate and recycle all beverage containers, cardboard, and other recyclable products as they are identified by the 22nd DAA.

2. Separate all fruit and vegetable waste for composting on site year-round with the exception of citrus, pineapple or tomatoes these are not compatible with the 22nd DAA’s composting process.

3. All waste grains or other brewing by products are to be composted by contractor unless the 22nd DAA agrees to handle the material.

4. Ceramic, glass and stainless plates, cups and utensils are preferred, when not feasible paper products are allowed, #1 plastic cups are the only plastics cups accepted into the recycling waste stream at this time.

5. Require office staff to recycle personal beverage containers and office paper in cooperation with 22nd DAA’s program.

6. All staff shall make a conscientious effort to conserve and recycle resources, use energy efficient equipment and lighting, set thermostats to reduce energy consumption especially at peak energy periods.

7. Require on-going training of staff (and new staff as they come on board) on recycling and waste reduction procedures, specifically during major events. Educate staff to turn off lights when leaving an area that is unoccupied. “You turn them on, you turn them off.”

8. Use only specified washing areas for cleaning of equipment, floor mats, etc. Keep all hazardous waste and non-biodegradables from entering storm drains.

9. Work with the 22nd DAA on any new waste reduction ideas that will help the 22nd DAA reach our zero waste goals.

10. Whenever possible and between events remove perishables and turn off all unnecessary, equipment, freezers and refrigerators. No empty refrigerators shall be left running after product is removed.
136 April 3, 2023 Item 12
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BUSINESS
Del Mar Fairgrounds ready to
rethink entire property. ‘Don’t
worry, nothing is changing
overnight’
An aerial view of a portion of the Del Mar Fairgrounds main campus, including the race track. The 22nd District Agricultural Association, which operates the fairgrounds and adjacent sites on behalf of the state, will hire a consultant to consider what’s possible on the 324 acres of land that it controls. (John Gibbins/The San Diego Union-Tribune) State institution will lean on a real estate consultant to figure out how best to use — and profit from — all 324 acres under its management.

BY JENNIFER VAN GROVE
DEC. 21, 2022 5:43 PM PT

FOR SUBSCRIBERS
The future of the Del Mar Fairgrounds will start to take shape in 2023 with the state agency in charge of the land that spans the main campus and beyond leaning on a real estate consultant to figure out how best to use — and profit from — all 324 acres under its management.

The 22nd District Agricultural Association, which manages the fairgrounds on behalf of the state of California, announced in a published notice last week that it plans to hire real estate consultancy London Moeder Advisors to identify the best use of its facilities. The state agency’s nine-member board will consider approval of the contract, which contemplates a one-year term with two optional, one-year extensions, at its January meeting.

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The work is meant to inform a future master-planning effort that could take years to complete, Carlene Moore, who is CEO of the agency, told the Union-Tribune on Wednesday.
“I think this is an incredible step, for us as an organization, of looking to and planning for the future, and helping to make sure that we’ve created a space that is inclusive of everybody in San Diego County,” Moore said. “Don’t worry, nothing is changing overnight. ... This is a process. This is one step in that process. With that being said, let’s all be open to the possibilities.”
The 22nd District Agricultural Association, which produces the annual San Diego County Fair, is weighing what to do with an expansive real estate portfolio that spans three different sites, including the 212-acre main campus along Via de la Valle, at the mouth of the San Dieguito River between Interstate 5 and the Pacific Ocean. The agency also operates the 48-acre Surf & Turf recreational area opposite Jimmy Durante Boulevard, home to a tennis club, RV park and driving range, as well as a 64- acre equestrian center, known as the Del Mar Horsepark, that is two miles east of the fairgrounds.

The land, while not subject to local zoning restrictions, is complex in nature, given its proximity to water and wetland habits. The California Coastal Commission has jurisdiction over improvements.

In late 2019 and early 2020, the board started a strategic planning initiative that soon took a backseat to staying afloat during the pandemic, as restrictions crippled the self-funded organization’s ability to host large, money-making events. The visioning effort was picked back up in 2021. In October, the district issued a request for proposals for a “highest and best use feasibility consultant.” London Moeder, according to its winning bid, will study the demand and financial prospects of residential units, retail shops, office space, and multiple accommodation options across the three different sites managed by the district. The firm is teamed with development consultant David Malmuth, Perkins Eastman Architects and Spurlock Landscape Architecture on the endeavor.
“We will establish conclusions and recommendations as to which land uses can succeed, at what scale, when and how to phase, and best locations throughout the 212-acre main campus Del Mar Fairgrounds, the 48-acre Surf & Turf Recreational Facilities campus, and the 64-acre equestrian center campus Del Mar Horsepark,” firm principal and project lead Gary London wrote in the proposal. “Throughout, we will be cognizant of how to achieve these (objectives) for land use development while maintaining and, ideally, enhancing your existing service, events and land uses.” When reached for comment, London declined to discuss the fairgrounds proposal pending contract approval.

London Moeder is a frequent adviser to private developers and public agencies, and recently worked alongside the San Diego Padres and its partners to come up with a development plan for Tailgate Park. The firm was also hired by the Navy and the San Diego Association of Governments in 2019 to recommend a development approach for the Navy’s NAVWAR facility in the Midway District, when the agencies were still jointly contemplating a central mobility hub.

As for the future of the fairgrounds and adjacent district properties, it’s still early days — although everything but the fair itself is potentially fair game, and even that could be moved to a new location.
“The one requirement we have is to put on the annual fair,” Moore said, adding that the district hasn’t put together a list of what else might stay or go. “We’re just really open. That’s why we’re bringing in London Moeder ... to help do that analysis.” Horse racing, while less in fashion because of increased attention on animal welfare, is still an important part of the organization’s current business model. Each year, the Del Mar Thoroughbred Club pays $1.2 million in rent. In addition, food and beverage sales associated with horse racing net the state agency another $3 million, Moore said. As it stands, there is no plan for horse racing to go away, she said.

If there’s a certainty, it’s that money-making prospects are of the utmost importance. “Pre-pandemic, we thought of ourselves as being diversified. We have the fair. We have horse racing. We have other events and rentals where third-party promoters come in and put on activities. We also have the recreation center aspect,” Moore said. “What we learned at the outset of the pandemic was we weren’t as diversified as we thought we were because ... 95 percent of our revenues come from mass gatherings.” The organization’s financial health, which was on life support in 2020, is on the mend.

The district expects to report a loss of $17.7 million for 2020, according to a draft audit presented to the board last month. This year it has fared better than expected, even though 2022 fair attendance was lower than in years prior to the pandemic. As of Sept. 30, the state institution has made $18.8 million in profit, recent records show. Still, its long-term debt and payroll obligations are substantial, totaling $118.6 million.

On the immediate horizon, the Del Mar Fairgrounds will open its $17 million concert venue, called The Sound, in February. The new, 1,900-capacity venue is at the northeast corner of the Del Mar Fairgrounds. It occupies what was the site of the Race Place off-track betting facility. The 22nd District Agricultural Association also expects its equestrian center, closed since January 2021 for water quality work, to reopen this summer.

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137 April 3, 2023 Item 12
1 Amanda Lee
From: Joseph Smith <[email protected]>
Sent: Wednesday, January 11, 2023 2:32 PM
To: Ayala, Jose@HCD
Subject: Re: Fairgrounds RFP for Highest & Best Use Consultant Follow Up Flag: Follow up
Flag Status: Flagged
More headlines on Del Mar and recent housing discussions. This one follows Monday’s council meeting. Btw, if I’m sending you too much just let me know!
https://www.sandiegoreader.com/news/2023/jan/10/stringers-affordable-housing-laws-descend-del-mar/ [sandiegoreader.com]
From: Joseph Smith <[email protected]>
Date: Wednesday, January 11, 2023 at 12:20 PM
To: "Ayala, Jose@HCD" <[email protected]>
Subject: Re: Fairgrounds RFP for Highest & Best Use Consultant Also btw, I still can’t find the latest version of the 6th HE on the City’s website. Not sure where they’re available to the public but it isn’t on their housing webpage. Thanks again for sending me the latest iteration. https://www.delmar.ca.us/772/Housing-Element-Update-6th-Cycle-Housing [delmar.ca.us] From: Joseph Smith <[email protected]>
Date: Wednesday, January 11, 2023 at 11:13 AM
To: "Ayala, Jose@HCD" <[email protected]>
Subject: Re: Fairgrounds RFP for Highest & Best Use Consultant There was also a recent U-T article that came out as well – link below. Given that timing is so critical in all of this, here’s a quote I found interesting:
“The consultant expects to use the 12-month time frame [with an option to extend up to additional two years] to come up with specific land-use recommendations, supported by financial models, for the three state-owned properties. The board action does not pave the way for immediate redevelopment, but instead lays the foundation for a future fairgrounds master planning effort, which could take years to complete, agency CEO Carlene Moore previously told the Union-Tribune.”
http://enewspaper.sandiegouniontribune.com/infinity/article_share.aspx?guid=f6a256f1-a007-4cd3-be02- 471f99348abe [enewspaper.sandiegouniontribune.com]
138 April 3, 2023 Item 12
2 From: Joseph Smith <[email protected]>
Date: Wednesday, January 11, 2023 at 10:49 AM
To: "Ayala, Jose@HCD" <[email protected]>
Subject: Re: Fairgrounds RFP for Highest & Best Use Consultant Thanks for sending that over. Out of sensitivity, I won’t share it. I’ll be curious to see how HCD applies its earlier Letter of Inquiry notification re noncompliance and state law before the City can gain certification. Seems the City is still stuck in the reality of 2022 state law.

As for the Board meeting, the Board ended up approving the highest and best use consultant contract. I’ve provided a link below if you wanted to watch the discussion – starts at timestamp 2:48:30 and ends around 2:52:00 https://www.youtube.com/watch?v=qW4GkPFTzbk [youtube.com] Just some points raised by the 22nd DAA CEO on the agreement:
-stems from the Board’s strategic planning initiatives
-focus on “environmental stewardship, revenue generation and the fair” -feasiblity process is to learn information about the highest and best uses of Fairgrounds property and how much projects would cost
-residential use was not discussed or referenced in the discussion -CEO read verbatim the objectives from the RFP (screenshot below) If you’d like to talk further feel free to give me a call anytime. Could I request a copy of the findings letter once it’s made public? Also any other notices or letters sent via HCD or HAU? Thanks!
Joseph
From: "Ayala, Jose@HCD" <[email protected]>
Date: Wednesday, January 11, 2023 at 10:07 AM
To: Joseph Smith <[email protected]>
Subject: RE: Fairgrounds RFP for Highest & Best Use Consultant Please see attached – if we could limit the sharing on this, that would be appreciated. 139 April 3, 2023 Item 12
3 Sincerely,
Jose Ayala
Housing Policy Specialist
Housing and Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 HCD Cell Phone: (916) 820-1980

From: Joseph Smith <[email protected]>
Sent: Wednesday, January 11, 2023 9:46 AM
To: Ayala, Jose@HCD <[email protected]>
Subject: Re: Fairgrounds RFP for Highest & Best Use Consultant Hi Jose, I’ll send you a little more on the Board mtg since my email below. Any chance I can see a copy of the City’s response to the SM comment?
Joseph
From: "Ayala, Jose@HCD" <[email protected]>
Date: Wednesday, January 11, 2023 at 9:27 AM
To: Joseph Smith <[email protected]>
Subject: RE: Fairgrounds RFP for Highest & Best Use Consultant Thank you for this Joseph. Anything that I should be aware of from the meeting (assuming you watched/participated in it)? FYI, we received public comment on the HE from Sheppard Mullin and a response to that from the City.

Sincerely,
Jose Ayala
Housing Policy Specialist
Housing and Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 HCD Cell Phone: (916) 820-1980

From: Joseph Smith <[email protected]>
Sent: Tuesday, January 10, 2023 1:07 PM
To: Ayala, Jose@HCD <[email protected]>
Subject: Re: Fairgrounds RFP for Highest & Best Use Consultant 140 April 3, 2023 Item 12
4 Hi Jose, hope you had a nice weekend. Attached is today’s Fairgrounds Board agenda – Item 5.F is the award of contract for their highest and best use consultant (London Advisors). Also included in the PDF is the agreement scope of work.

The contract is for a one-year term (2023) with two optional one-year extensions that could cover 2024 and 2025.

Joseph
From: Joseph Smith <[email protected]>
Date: Friday, December 30, 2022 at 2:45 PM
To: "Ayala, Jose@HCD" <[email protected]>
Subject: Fairgrounds RFP for Highest & Best Use Consultant Hi Jose, two docs regarding the Fairgrounds’ process to research highest and best use of State property. The RFP went out in Oct 2022 and Fairgrounds’ staff is recommending London Moeder Advisors to perform the work.

Attached is the RFP for your reference, as well as a San Diego Union Tribune article announcing the consultant selection and work plan. It sounds like the Board will be making the formal selection at its January 2023 meeting.

This is all public btw. Links below for reference:

RFP: https://delmarfairgrounds.com/pdf/2022/2022-10-13_RFP-23-006-Highest-&-Best-Use-Feasibility-Consultant.pdf [delmarfairgrounds.com]
U-T article: https://www.sandiegouniontribune.com/business/story/2022-12-21/del-mar-fairgrounds [sandiegouniontribune.com]
Joseph D. Smith, AICP | Principal
California Coastal Works
(619) 943-1337 | [email protected]
www.californiacoastalworks.com [californiacoastalworks.com] 141 April 3, 2023 Item 12
1 Amanda Lee
From: Brad Walters <[email protected]>
Sent: Friday, March 24, 2023 8:28 AM
To: Amanda Lee
Subject: 6th Cycle revision feedback
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you for soliciting public feedback on 6th Cycle revisions.

Not a specific concern, but a general reflection that I’m guessing you won’t hear often:

State housing requirements should be a floor, not a ceiling. Our assigned units ought to be seen as an opportunity, not a “penalty," as I so often hear it referenced in public meetings.

A statewide housing crisis has been created jurisdiction by jurisdiction, over many decades of quietly obstructionist housing policy, and we have a golden opportunity here in Del Mar to set a better example and really do right by the next generation.

Best,
Brad Walters
Stratford Ct.
142 April 3, 2023 Item 12
1 Amanda Lee
From: [email protected]
Sent: Monday, March 27, 2023 11:24 AM
To: Amanda Lee
Subject: 6th Cycle Housing Element
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am a real estate broker in Del Mar for over 34 years.

If the State can force zoning changes then the State can force the City of San Diego to give their land along the freeway to the south of the Del Mar Hilton and put it within the Del Mar foot print. This would be a good place to build affordable housing and not create issues with the Del Mar Fairgrounds where there really is NO room for outside housing. This would also lessen the impact of traffic geƫng in and out of Del Mar at the roundabout. Has anyone made this request to our Governor?
Thank you.

Marla Zanelli
Broker Associate
Coldwell Banker Realty
Top Producer Del Mar Village 2021 & 2022!
(858) 922-1341
MarlaZanelliRealEstate.com
Dre#01040946
143 April 3, 2023 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Michael Luna, Special Projects & Programs Manager Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: April 3, 2023
SUBJECT: Proposed Next Steps for Del Mar Civic Center Sculpture Selection Process
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council authorize the City’s Arts Advisory Committee (AAC) and staff, consistent with the City’s Public Art Policy (Attachment A), to perform public outreach, gather input and make a recommendation for the placement of a permanent sculpture at the Del Mar Civic Center.

BACKGROUND:

On July 11, 2022, the City Council received a proposal from the AAC and the Del Mar Foundation (DMF) for placement of public art at the Del Mar Civic Center. The Council approved, in concept, the potential display of artwork at the Civic Center and authorized the AAC to work on a proposal for the acquisition and installation of public art outdoors at the Civic Center, consistent with Council Policy #113 - Public Art Policy (Public Art Policy) (Attachment A).

The AAC formed the Civic Center Art Subcommittee (Subcommittee) which began developing a proposed public art review process in alignment with the Public Art Policy and work with Vivian Brodiea qualified art consultant (Consultant) to identify possible artwork for consideration. The Consultant provided the Subcommittee with information on eighteen (18) sculptures potentially suitable for the Civic Center based on the art selection criteria contained in the Public Art Policy.

On February 22, 2023, the AAC held a special meeting for the purpose of reviewing the Subcommittee’s work on the Civic Center Art selection process and developing a recommendation to the City Council for next steps. This included reviewing the City’s Public Art Policy, Art Approval Process & Flowchart (Attachment B), discussion of steps for facilitating and encouraging public participation in the review process and review of the proposed eighteen (18) artworks recommended to the AAC by the Consultant for 1 April 3, 2023 Item 13
City Council Agenda Report
Proposal for Process to Select Permanent Art for Del Mar Civic Center April 3, 2023

consideration. After review and discussion, the AAC voted to recommend the advancement of three (3) of the eighteen (18) sculptures for consideration and to seek authorization for a comprehensive public engagement process from City Council.

DISCUSSION/ANALYSIS:

The AAC, in conjunction with the Council AAC Liaisons and the Del Mar Foundation (DMF), are proposing advancing in accordance with the City’s Public Art Policy, a comprehensive public outreach and review process for the selection and installation of one (1) of the three (3) AAC recommended sculptures: Octetra (Isamu Noguchi); Play Sculpture (Isamu Noguchi); Celeste (Carol Bove). Photos and dimensions of each of the three (3) recommended sculptures including the original eighteen (18) sculptures are provided in Attachment C.

Proposed Next Steps in Process:
1) Public Outreach/Review. The AAC Subcommittee worked with the Council liaisons to determine how to best facilitate a robust public participation and review process to ensure that there is broad public support for at least one (1) of the three (3) AAC recommended sculptures. The Subcommittee and liaisons identified specific ways to engage the community and facilitate public review and solicit input, including:
a. Public Survey: Develop an online and printed publicly available survey to gather feedback on AAC recommended sculptures.
b. Publishing information through a wide array of platforms: Publish information about the AAC recommended art pieces and share the public survey link through the City’s Del Mar Weekly e-newsletter, City website, eblasts, Del Mar-based nonprofit websites and social media posts, and public noticing in the Del Mar Times.
c. Town Hall community event: Hold a public information session about the Civic Center Art program with details on the three (3) AAC recommended sculptures/artists, renderings displaying each sculpture on the identified site, paper public survey to garner additional public feedback not collected online.
d. Farmer’s Market: Potentially host an informational booth at the Del Mar Farmer’s Market, and provide information similar in nature to that provided at the recommended Town Hall event.

The public review and comment period will be for a minimum of thirty (30) days in length, which is planned to occur from Monday, April 10, 2023 to Wednesday, May 10, 2023. During which time, staff with work with the AAC, Council liaisons 2 April 3, 2023 Item 13
City Council Agenda Report
Proposal for Process to Select Permanent Art for Del Mar Civic Center April 3, 2023

and key stakeholders to finalize and implement the above described public outreach/review process including the collection of survey data and feedback. 2) City Staff Review. Upon completion of the public outreach/review process, City staff will compile all survey data and public input received into a detailed report. 3) Design Review Board. Upon receiving final application from City staff, the DRB will serve as the advisory body to City Council and is required to review any art piece in the City as outlined in the attached Art Approval Process. 4) City Staff & AAC Recommendation. Upon receipt of the final recommendation by the DRB, City staff and the AAC will review DRB recommendation, public input data, and make a final recommendation for the selection and approval of an art piece by the City Council.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item. The cost of the recommended art piece along with potential sources of funding will be included with the final recommendation to Council by staff and the AAC. It should be noted that the DMF has expressed strong interest in providing a significant grant for this acquisition and would work with potential donors to secure additional support.

ATTACHMENTS:

Attachment A – Public Art Policy
Attachment B – Art Approval Process & Flow Chart
Attachment C – Proposed Sculptures
3 April 3, 2023 Item 13
Updated 7/26/17 Page 1
City of Del Mar
Public Art Program
The Del Mar Public Art Program seeks to ensure the
highest quality of design, where public art has a constant presence in our community.
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BY RESOLUTION: 2017-32
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SCOPE:

The original concept of public art in Del Mar included art on public property (i.e. City Hall, Camino del Mar, parks and greenspace), and regulation of public art on private property and as a part of private development. The proposed course of action is to start slowly – displaying art on public property, and thereby demonstrating success – and at a later time consider art in conjunction with private development.

ACKNOWLEDGEMENTS:

These proposed guidelines are based on the very thorough work of the Del Mar Village Association (DMVA) Art Committee who researched the art policies of other successful programs in the country.

PROCESS:

This policy is the byproduct of grassroots community interest. The following steps are critical to successful implementation:

1. Concept and draft proposed by DMVA and interested community members

2. Draft discussed and modified by the City Council Ad-Hoc Committee

3. Draft reviewed by key community stakeholders

4. Draft reviewed and approved by the City Council, and implemented by City staff and the Art Advisory Committee
I. PROGRAM INTENT
It is the intent of the City of Del Mar to create a Del Mar Public Art Program (hereinafter “the Program”) with guidelines specifically designed to promote the arts in public places in the Commercial Zones (including the Visitor, Central, North, and Beach Commercial Zones hereinafter Commercial Zones), Public Facility Zones (including the City Hall and Del Mar Shores properties) and public parks in Del Mar. It is intended that art will serve as cultural enrichment to the residents of the City and the community life along with enhancing the economic vitality of the City.

The Program seeks to ensure the highest quality of design where public art has a constant presence. The City wishes to advance Del Mar’s reputation as a unique community by expanding 5 April 3, 2023 Item 13

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residents' appreciation of art, reflecting the City's aspiration to improve the quality of life, enhancing public spaces for all residents and visitors and becoming a city recognized for innovation and creativity. The Program works to integrate art and the ideas of artists into the development of public settings by collaborating with local and nationally known artists to include the values and history of our community into their work.

The Program will be implemented as a pilot program to last five (5) years from the date of adoption by City Council. The first two years will be focused on art donated to the City or purchased with donated funds. After the two year period, the Policy will be expanded to include pieces purchased by the City. At the end of the five-year pilot program, the City Council should evaluate the Program and determine if the program should be continued or expanded.

II. PROGRAM GOALS
The City of Del Mar aims to develop a Program that represents a wide range of artistic styles and disciplines through a process that encourages community dialogue and involvement. All of these actions will help identify Del Mar as a community committed to art and culture. The goals of the Program include:
 To acquire and commission quality and diverse works of art for community enrichment that is site specific and environmentally responsive. o Five works acquired in three years
 To support and involve artists in developing, collaborating and implementing Del Mar's public spaces and community development projects. o 80% of Del Mar artists rate involvement high or very high on survey  To encourage collaboration between artists and architects, landscape architects and civil engineers for public projects.
o 60% of Del Mar artists, architects and engineers see improvement in collaboration  To encourage an environment for artistic creativity in Del Mar and promote Del Mar as a leader in arts, culture and public art.
o 70% of visitors rate Del Mar high or very high as leader in arts, culture and public art.
 To increase awareness of Del Mar's art in public places as an integral component for attracting business and visitors to Del Mar.
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III. ELIGIBLE FORMS OF PUBLIC ART
The City of Del Mar wishes to encourage the broadest interpretation of art and the diverse venues used by artists. Art may include all forms of original creations of visual art, which may be temporary as well as permanent. The media and materials eligible to be used by artists include, but are not limited to, the following:
 Sculpture: Free standing, wall supported or suspended; kinetic, electronic, etc., in any material or combination of durable materials.
 Murals or portable paintings: In any material or variety of materials, with or without collage or the addition of non-traditional materials and means.  Earthworks, fiber works, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound film, holographic and video systems, hybrids of any media and new genres.
 Standardized fixtures such as gates, streetlights, etc., may be contracted to artists for unique or limited editions, provided the work is designed specifically for the city as public art.
 Architectural elements designed and executed by visual artists in collaboration with an architect or landscape architect; which may be incorporated into, upon or adjacent to publicly funded structures or projects such as streetscapes, walls, and other development efforts.
 Design elements incorporated into a Capital Improvement Project, designed by an artist for fabrication and execution by the project contractor.  Musical, sound and visual effects that highlight or accentuate a piece of art.

IV. INELIGIBLE FORMS OF PUBLIC ART
The following items are identified as ineligible for inclusion in the Program. (These items may be funded through other programs or departments within the city, but they do not fall within the parameters of public art):
 Directional elements such as super graphics, signage or color-coding except where these elements are integral parts of the original work of art.  “Art objects” which are mass-produced as a standard design such as playground equipment, fountains or statuary objects.

V. COMMUNITY STANDARDS
All artwork considered by the Art Committee for inclusion in the Program shall be reviewed in the context of the contemporary, community standards of the City of Del Mar. No art will be selected that is obscene as determined by the aforementioned standards in the sole discretion of 7 April 3, 2023 Item 13

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the Art Committee and the City Council. Further, it shall be the policy of the City of Del Mar that once artwork is selected by the Art Committee (after an opportunity for the public to comment) and approved by the City Council (which is a further opportunity for the public to comment), said artwork will be displayed by the City of Del Mar for the time period set forth in an agreement with the artist. No artwork will be removed from display before expiration of the agreed time based upon its content. All art will be displayed pursuant to a written agreement between the City and the artist/owner. All such agreements will contain waivers from the artist of the artists rights under 17 U.S.C. 106A, 17 U.S.C. 113(d) and California Civil Code Section 987. None of the foregoing will apply if the City of Del Mar is the owner of the work of art.

The Art Committee shall use the following criteria for determining if a work of art complies with community standards:

1. Is the art work appropriate for the site at which it is intended to be displayed? a. Does the work fit with the architecture of the site? b. Does the theme of the art complement the character of the site and the City?

2. Is the art work secular in nature?
a. Does the work fit with religious diversity in the City? b. Does the work neither advance nor inhibit religion?
c. Does the work avoid excessive entanglement of the City in religious matters?

3. Does the art work fit with diversity of opinion within the City? a. Is the work inclusive of all citizens of the City?
b. Does the work allow differing viewpoints and opinions? c. Does the work promote a positive image of the community and its citizens?

4. Is the art work obscene?
a. Does the work avoid appealing to the prurient or sexual interest? b. Is this a work that is suitable for viewing by children? c. Would a large number of citizens find the work offensive because of sexual content or sexual suggestiveness?
All art submitted to the City for consideration for display on public property shall be initially evaluated by the Art Committee using the above criteria. If, in the sole discretion of the Art Committee, a work of art does not meet the initial criteria as set forth above, the work of art shall no longer be considered by the Art Committee. If any artist feels that the Art Committee has not appropriately applied the above criteria, the artist may seek review by the City Council.

Public art owned by the City is a form of government speech from the City to the public which is protected by the First Amendment.

The City of Del Mar has the right to monitor and govern such speech in its sole discretion. 8 April 3, 2023 Item 13

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VI. ART ADVISORY COMMITTEE
The Art Advisory Committee (AAC) plays an integral role in the implementation of the Program. The AAC serves in an advisory capacity to City Council as the review body for all public arts projects. The AAC advises the City of Del Mar on matters pertaining to public art and acts as the selection committee for public art projects. The AAC may be convened by the City of Del Mar on a project-specific basis, or to serve on multiple public art projects.

1. The AAC is composed of seven (7) members appointed by the City Council. AAC members serve at the will of the City Council and may be removed from office by the City Council at any time, without cause.

2. The term of office for AAC members shall be for a three (3) year period commencing on the actual date of appointment and ending on June 30 of the 3rd year thereafter.

Members’ terms shall be staggered, so that annually, two (2) or three (3) of the seven (7) members are subject to reappointment.

3. The members of the AAC will be selected on the basis of each member’s specific expertise relating to public art.
a. Members shall be Del Mar residents, or individuals with a business located in one of the Del Mar Commercial Zones, and to whom one or more of the following apply:
i. Knowledgeable about contemporary art or related fields; ii. Willing to represent the local community’s interest in a public art project; iii. Willing to become familiar with the public art process; iv. Willing to be available for multiple or follow-up meetings if necessary. b. The ideal make-up of the AAC will be a balanced membership consisting of four (4) residents (preference given to those with art backgrounds/experience), one (1) business owner (preference given to art-related business), One (1) DMVA representative, one (1) Del Mar Foundation representative. c. Each member appointed to the AAC will be required to certify in writing that s/he has read the Public Art Policy and understands it.

4. The AAC shall appoint a chairperson and shall designate ex officio advisers to assist in the AAC functions without vote.

5. Non-voting ex-officio advisers may include:
a. A visual artist;
b. An architect or urban designer; and
c. An art professional such as a curator, fine arts collector, art critic or art educator.

6. The AAC will follow all guidelines for meetings specified in the Brown Act, including agendas, meeting notices, and public testimony.

7. The AAC shall not conduct any business unless a quorum is present. A quorum shall be a majority of the then-available seats on the AAC.

8. All selections and siting of public art approved by the AAC shall be subject to approval by the City Council.
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VII. REVIEW OF PUBLIC ART PROPOSALS
In general, acceptance and placement of art in Del Mar should be in accordance with these guidelines, current or historic use, community plans, and City Council goals. The location and design of the art should be consistent with the character and design intentions of the proposed site. The quality, scale and character of the art should be at a level commensurate with the particular setting.

The AAC may make requests for art proposals using the following methods:

1. Open Competition

2. Limited Invitation (a few artists)

3. Invitation (one artist)

4. Direct Purchase
All proposals for the display of public art on public property must be submitted to the AAC. The AAC shall consider the following criteria when reviewing art for permanent or temporary placement in the public spaces in Del Mar. The City Council shall utilize the same criteria when considering whether to accept or reject an AAC recommendation.  The artistic quality, uniqueness, style and nature, aesthetic and/or historical significance of the art.
 The art’s physical condition and whether the art is of exhibition quality.  Whether the City already owns sufficient examples or better examples of this type of art by a particular artist in a particular style.
 Whether the signage for art on public property conforms to the City of Del Mar plaque standards to include the artist's name, title and date of work, and where appropriate, a dedication. The name of the donor or lender may be part of the installation.  [Note: City of Del Mar Plaque Standards will need to be developed]  Whether sufficient funds are available for insurance and maintenance  Appropriateness of the site and location (working well within the scale and nature of the site).
 Whether there are any public safety or accessibility issues.  Whether the art is permanent or temporary.
 Whether the art is thematically appropriate for the context of the site. The AAC will review artwork for its context and artistic expression, and assess for local thematic significance, such as Del Mar history, natural environment (beach, lagoons, bluffs, canyons, Torrey Pines, etc.), and/or fairgrounds (horses, agriculture, etc.).  Whether the art is appropriate for the general public based upon contemporary community standards (in the case of obscenity) as determined at the sole discretion of the AAC and the City Council at the time of consideration pursuant to the criteria set forth in Section V above.
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During the review process, the AAC can request modifications to proposals before further consideration.

VIII. SITE SELECTION FOR PUBLIC ART
The AAC shall carefully consider all new proposals for public art as to the location where the art will be displayed. Sites may include areas within the Commercial Zones and public property.

Particular attention will be given to displaying art along the Camino Del Mar, Public Facilities (City Hall) and parks.

In addition to a location's aesthetic possibilities, the following factors shall be considered when deciding the site and placement or presentation of the art.  Lighting and visibility
 Public safety
 Future development plans for the area
 Landscape design
 Availability of utilities
 Existing art within the vicinity
 Environmental concerns/impact
 Public accessibility to the work
 Social/community context
 Significance to the proposed site
 Site appropriateness (fitting with the scale & nature of the proposed site)  Traffic patterns (interior and exterior)
 Relationship to existing planned architectural and natural features  Interior or exterior placement.
 Appropriateness of materials in relationship to the overall project. This includes consideration such as durability and resistance to vandalism.  Historical, environmental and cultural factors of the project area.  Environmental factors such as land forms, geographic features or predominate or preexisting structures or landmarks.

All sites selected for public art must be on public property and accessible to the public. The Parks & Recreation Committee may be engaged to provide recommendations for siting of artwork in City parks and greenspaces.

The City shall, where feasible and at the discretion of the City Council, include public art as part of Capital Improvement Projects funded by the City.
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IX. PERMANENT SITING OF PUBLIC ART
The City will use the following guidelines when acquiring public art:

1. Most public art is temporary. Whether the art work is installed at a site for 4 months, 4 years or 40 years, it is temporary. It can be moved or relocated by the City, based on the recommendations of the Art Advisory Committee and pursuant to agreement with the artist if the art is not owned by the City. Ownership of a temporary piece of art may or may not be retained by the City. Notwithstanding the foregoing, temporary works of art may be removed, pursuant to agreement with the artist, at the end of the agreed upon display time and pursuant to any other terms regarding removal in the agreement. The City will not remove works of art based on content after a work of art has been considered and selected for display by the Advisory Committee and the City Council.

Any work of art owned by the City may be moved, removed or decommissioned at the sole discretion of the City.

2. Art located on permanent structures such as buildings, walls and sidewalks will be owned by the City. The City reserves the right to remove the art piece if the permanent structure must be changed or demolished for public improvements.

X. MAINTENANCE OF PUBLIC ART
Art located on public property shall become the responsibility of the City of Del Mar, except in cases of any separate agreements with loaned or temporary-exhibition artists. Unless otherwise specifically agreed upon in advance, the City shall provide all maintenance necessary to preserve the work in good condition.

The City will pay for lighting, cleaning and security of public art.

Stolen or vandalized art shall be replaced or repaired in a manner that conforms to the originally approved art. In the event of repair, the original artist(s) shall be notified and given the opportunity to perform the repair work.

The artist or sponsoring organization will pay for restoring the site to original condition when the artwork is removed.

Additional maintenance details will be specified in artist and/or donor agreements on a case by case basis.
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XI. REMOVAL OF PUBLIC ART
 The City Council, acting in accordance with City policies and procedures, can approve and implement the disposal/removal of a work of art from the City of Del Mar.  The City of Del Mar retains the right to convey art owned by the City to another site or to storage or for conservation. The City may also elect to remove the art from the inventory of the City collection by sale or other appropriate means, including discard. If the City decides to remove art from its inventory, then the procedures outlined in this section must be followed before removal can occur.
 Notwithstanding any other provision in the Program, if, in the judgment of a majority of the City Council an art piece is deemed to be detrimental to the public good due to a deteriorated condition, it may be removed immediately from public display.  Works of art on display by agreement with an artist/owner will be removed pursuant to the terms of such agreement or when the agreement terminates unless the display period is extended pursuant to agreement of the parties.

City staff will administer the removal of any art with a value of less than $1,500. City Council approval must be obtained for any work with a value of more than $1,500. City Council will consult with the AAC before deciding to approve a removal of public art. Art removal may be approved if the art meets at least one of the following criteria:

1. The City cannot properly maintain or store the art.

2. The art medium (e.g., prints, sculptures, multiples) is duplicative of works already in the collection.

3. The City identifies a work of art as a copy or imitation, a fake or forgery, without significant value.

4. The art requires restoration in gross excess of its aesthetic value or the art is in such a deteriorated state that restoration would be unfeasible.

5. The art has been on display for a period greater than outlined in the original artist or donor agreement, there is no new agreement for continuing display of the art, and the AAC recommends replacing it with a new piece of art.

In the event of a permanent removal from public view and subsequent to approval by City Council, City staff shall make every reasonable effort to locate the artist or donor/heir advising them in writing of the City's intention to permanently remove the art. Every effort shall be made to honor the wishes of the artist or donors/heirs concerning disposition of the art after its permanent removal. Written concurrence of the artist or donor/heir shall be solicited but not required for removal.
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The artist/donor shall be given the right of first refusal to reacquire the work at fair market value subject to approval by the City Council. The cost of removal of the work may be considered by the City Council in determining the fair market value of the work.

If the City sells a work of fine art, as that term is defined in California Civil Code Section 986, the City shall comply with the payment of royalties to the original artist pursuant to the terms set forth in California Civil Code Section 986 unless the artist waives the right to receive said royalty.

All revenue generated from art sales shall be deposited in the City of Del Mar Public Art Program Reserve Fund.

If authorization to remove a work of art is approved by the City Council, every attempt will be made to replace the original piece with art of comparable value. Said value will be determined through a "qualified appraisal" such as the Art Advisory Panel (used by the IRS) to substantiate the value or by the original building valuation, or approved budget for the prior art, plus an inflation factor for construction and material costs based on the Engineering News Record.

XII. FUNDING FOR PUBLIC ART
In order to sustain annual funding for the Program, the following mechanisms/options may be considered. A combination of funding options enables the City to coordinate a consistent and enriching Program. Reliable funding for art may be provided by using a variety of sources described below. The funds may be allocated to the City of Del Mar Public Art Program Reserve Fund (hereafter “Reserve Fund”) to cover short-term and long-term capital, operations, and maintenance costs.

1. General Fund Appropriation
Funds may be appropriated by the City Council during the budget process or at mid-year budget review. The AAC may recommend an annual budget allocation, however, final appropriation will be set by the City Council.

2. Sponsorships/Fundraising and Donations
Sponsorships, donations, and fundraising efforts are an integral aspect to public art throughout the world. These monies contributed for public art can be designated for a specific public art project location or pooled with other unrestricted contributions in the Reserve Fund to be allocated as determined by the City Council. Contributors can remain anonymous or be recognized appropriately depending upon the use of their donation for visual, music or the performing arts.

3. Consignment Art
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Another means to provide public art and funding for the Program is by consignment. This allows an artist to display their art for purchase at a public location. An agreement between the City and the artist, in accordance with this policy, will be negotiated to accommodate this arrangement, including installation, maintenance and removal/relocation after the art is sold or the designated time period has elapsed. A minimum display period of six (6) months is required with time extensions of up to two (2) years may be granted by the AAC. Additional public display time exceeding the two (2) year maximum must be approved by City Council.
a. Consignment Art must go through the AAC selection process, and would be offered for sale with a discrete sign.
b. Upon sale of the consignment art, the purchase transaction will be conducted by the City's Finance Department and a twenty five percent (25%) consignment fee will be withheld and placed in the Reserve Fund.
c. The remaining proceeds from the art sale will be sent to the artist by the Finance Department within 30 days after the sale transaction.

4. Public/Private Partnerships
Cooperation among the City, artists, nonprofit organizations, cultural organizations, other agencies, and the private sector is essential to ensure a healthy arts environment. The City's primary role is one of "assistance or exposure to" rather than "responsibility for" the provision of public art. With this in mind, it is recommended that collaboration with private or corporate sponsors/partners be encouraged for community benefit. These joint activities, temporary exhibitions, or more permanent public art, can/will include negotiated fees that will be placed in the Reserve Fund.

5. Grants
Grants and/or matching grants should be sought from national, state and local foundations, arts agencies and other organizations to promote and guarantee a thriving Program.

XIII. AUDITING OF PUBLIC ART FUNDS
The City requires annual audits of its finances. A report of the audit is prepared by the auditor each year. The City shall request that the auditor specifically address the Reserve Fund as part of the annual audit and include a section in the audit reporting on the Reserve Fund. The auditor’s report will be given to the Art Advisory Committee, the City Council and the public each year. 15 April 3, 2023 Item 13

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XIV. CHILDREN’S ART
It is the intent of the City’s Program that children’s art be on display in our community at least one time per year.
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Art Approval Process
This process is to be used for proposed art for display in public spaces, per the Art Policy, including City facilities.

Proposed art may be donated or loaned to the City or commissioned by the City. This process is also intended to be used for murals proposed for public or private areas viewable by the public.

Step Details Maximum
Timeline
1 Applicant completes application form and provides supplemental materials (images, renderings, or mock-ups etc.).
2 Arts Advisory Committee issues initial consideration to vet and route project. Up to 4 Weeks 3 The proposed art project is posted in a designated place on City website and available at the public counter for public comment.

Public Comment Period (30 days)
a. Comments are provided to AAC staff liaison in writing only. b. During the public comment period, any other required City committees can weigh in on the proposal, either as a group or as individual citizens.

Other committees to consider include Parks and Rec – Parks and Beaches, Lagoon Committee - areas adjacent to the lagoon, TPAC - art in medians, etc. 5 Weeks
4 Application form is routed to City Departments for review (Eg: Public Works for maintenance analysis, Traffic Engineer for items in median, etc. City Manager’s Office facilitates routing to necessary departments).

Concurrent
6 Design Review Board approval is required for projects that meet any of the following criteria:
a. Permanent – to be displayed for two or more years; and/or b. Potential view blockage from a residence; and/or
c. Over 14’ high
Up to 4 Weeks
7 Art Advisory Committee reviews the project and any DRB feedback. Send to City Council for final approval.
a. AAC can also request the applicant make amendments or adjustments.

The request can be based on public comments received during the public comment period or based on AAC concerns/questions.
b. AAC can ask applicant to return to the next meeting with an updated proposal.
c. AAC can also deny the project proposal.

Up to 4 Weeks
8 City Council considers AAC recommendation and offers final approval/denial. Up to 3 Weeks 9 City executes agreement for acceptance of art. Up to 4 Weeks 10 Art is installed.

Maximum time required for processing/approval Up to 24 Weeks A change to the Design Review Ordinance may be required to define DRB purview with regard to art placements. 17 April 3, 2023 Item 13
City Council
Review &
Approval
Agreements Signed
Installation
Artist Initial
Application
• Completes application form
• Provides supplemental materials

1. Public
Comment
Period
City
Website
Display
Mock-up
Capture
Feedback
City
Committees

5. 6.

7. Art Committee
Reviews
Proposal
• Does it meet policy and goals?
• Vote to vet and route proposal

2. 4 weeks
Proposal Sent
To City Depts
For Review

3. 2 weeks
5 weeks
Design Review
Board
• Permanent > 2 years
• Residential view blockage
• Over height of 14 ft.
4 weeks
3 weeks
4 weeks
Art Approval Process
Art Committee
Reviews
Final Proposal

4. 4 weeks
• Vote to approve
Maximum Schedule = 24 weeks
Sinnott 10/23/18
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Attachment C – Proposed Sculptures
Del Mar City Council Meeting
April 3, 2023
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Name: Ocetra, 1965
Artist: Isamu Noguchi
Dimensions:
88 3/16” x
107 1/16” x
99 5/8”
Costs: $250,000
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Name: Play Sculpture,
1965
Artist: Isamu Noguchi
Dimensions:
44” x
103” x
103”
Costs: $175,000
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Name: Celeste, 2013
Artist: Carol Bove
Dimensions:
72 1/8” x
54 1/8” x
186 1/2”
Costs: $500,000
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Name: Ecke, 2010
Artist: Franz West
Dimensions:
204 3/4” x
70 7/8” x
59”
Costs: $2,000,000
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Name: Than the Sky
(Fallen Sky Series),
2021
Artist: Sarah SzeWider
Dimensions:
7 1/2” x
72” x
72”
Costs: $360,000
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Name: Aspen Blues I,
2018
Artist: Larry Bell
Dimensions:
72” x
96” x
96”
Costs: $750,000
25 April 3, 2023 Item 13
Name: Venice Fog I,
2017
Artist: Larry Bell
Dimensions:
72” x
96 1/4” x
96 1/4”
Costs: $750,000
26 April 3, 2023 Item 13
Name: Untitled
(Suspended Beam),
2021
Artist: Virginia
Overton
Dimensions:
164” x
216” x
97”
Costs: $125,000
27 April 3, 2023 Item 13
Name: Untitled
(Chime), 2021
Artist: Virginia
Overton
Dimensions:
126” x
166” x
18”
Costs: $135,000
28 April 3, 2023 Item 13
Name: the stately, 2019
Artist: Ugo Rondinone
Dimensions:

Figure: 92 7/8” x
38 1/2” x
31 1/2”
Plate: 1”x48”x48”
Costs: $500,000
29 April 3, 2023 Item 13
Name: Stone Circle,
1980
Artist: Richard Long
Dimensions:
236” diameter
Costs: $250,000
30 April 3, 2023 Item 13
Name: From The Sea
To The Harbor From
The Harbor To The
Sea From The Sea To
Another Shore, 2015
Artist: Lawrence
Weiner
Dimensions:

Variable
Costs: $350,000
31 April 3, 2023 Item 13
Name: Fire Pit “Basket
Case”, 2022
Artist: Rashid Johnson
Dimensions:
28 3/8” x
91” x
34 1/4”
Costs: $475,000
32 April 3, 2023 Item 13
Name: Detached 2,
2012
Artist: Rachel
Whiteread
Dimensions:
76 3/8” x
67 11/16” x
92 1/8”
Costs: $650,000
33 April 3, 2023 Item 13
Name: untitled, 1995
Artist: Joel Shapiro
Dimensions:
108 3/4” x
69” x
45”
Costs: $750,000
34 April 3, 2023 Item 13
Name: untitled 2006-
2007
Artist: Joel Shapiro
Dimensions:
60 1/2” x
111” x
60 1/2”
Costs: $450,000
35 April 3, 2023 Item 13
Name: Untitled (A
Column
of Time: One Year
of The New York
Times, March 2020–
March 2021), 2021
Artist: Robert Longo
Dimensions:
108” x 48” x 48”
Costs: $325,000
36 April 3, 2023 Item 13
Name: Untitled
(Beams), 2020
Artist: Mary Corse
Dimensions:
90” x 90” x 1” Overall
90”x 42 ½” x 1”, two
beams each with 6”
internal spaces
Costs: $500,000
37 April 3, 2023 Item 13