IFB-25-1246_Tent_Canopy_Rental-2026-2028.pdf

CALIFORNIA EXPOSITION & STATE FAIR

1600 Exposition Boulevard Sacramento, CA 95815 State of California Gavin Newsom, Governor

State of California California Exposition & State Fair

INVITATION FOR BID

TENT AND CANOPY RENTAL

CSF-25-1246

September 10, 2025

You are invited to review and respond to this Invitation for Bid (IFB), entitled Tent and Canopy Rental, #CSF-25-1246. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site: General Terms and Conditions and Contractor Certification Clauses

In the opinion of the California Exposition & State Fair (Cal Expo), this IFB is complete and without need of explanation. However, if you have questions or should you need any clarifying information, please submit your questions to the email shown below.

Answers to all questions will be compiled and posted.

Contracts/Procurement Manager

Contracts@calexpo.com

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Thank you for your interest in the California Exposition & State Fair.

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms mailto:Contracts@calexpo.com

Tent and Canopy Rental, #CSF-25-1246

A. Purpose and Description of Services

Contractor shall provide all labor, materials, tools, equipment, and incidentals necessary to furnish, install, and remove vinyl laminate (or equivalent) tents and canopies as listed on the Cost Sheet (Attachment 3) in locations on the grounds of Cal Expo for the 2026, 2027, and 2028 California State Fairs. The 2026 California State Fair will be held July 17 through August 2, 2026. Dates for future years may be moving to a date later in the year, TBD.

1. Equipment

a) All tents and canopies must meet State Fire Marshal requirements. Tents and canopies must have attached label or accompanying certificates indicating compliance with State Fire Marshal requirements.

b) Concrete blocks are required to be used to weigh down tents. Concrete blocks must be clean, serviceable, and free of any structural or aesthetic defects. Staking into asphalt and dirt will only occur with prior approval from Cal Expo designated management. Water barrels will not be permitted.

c) All canopies must have eight (8) or ten-(10) foot legs.

d) All canopy/tent tie-down straps and rope must be white in color. Other colors are not acceptable.

e) Lights will be included in all tents and canopies, and sidewalls are optional, unless specifically ordered.

f) Sidewall heights must match height of poles on which tent/canopy sidewall is utilized.

g) Stakes will be used in areas permitted by Cal Expo designated management. Concrete blocks will be used for approximately half of the tents and canopies.

h) Any pre-approved exposed tent and canopy stakes are to have rebar safety caps installed on top to prevent injury. In addition, all exposed stake safety caps must be white.

i) Any pre-approved stake holes must be filled/patched according to the following:

1) Fill holes with sand to within four (4) inches of surface.

2) Fill four (4) inches from top of sand to surface with cold patch asphalt and compact.

3) Any surrounding asphalt which is raised due to stake installation/removal must be compacted flush with existing grade.

4) Any stake holes left unpatched will be charged back to the Contractor at a rate of $25.00 per hole.

j) There may be no substitutions or variations from specifications as stated by

Cal Expo unless there is a written mutual agreement by both parties,

k) Tent/canopy material must be clean, serviceable, and devoid of any defects at any point during contract period.

l) Equipment must meet Cal Expo’s standards of quality and conform to the specifications contained in this IFB.

2. Cleaning

a) All tents, canopies, and sidewalls are to be clean and free of dust, dirt, stain, tears, and patches. All items will be inspected upon installation. Cal Expo reserves the right to reject any items that do not conform to these specifications.

b) Contractor shall be responsible for cleaning any tent or canopy designated by Cal Expo as unsatisfactory in this regard. All cleaning required shall be done by Contractor and re-fireproofed, if necessary.

3. Maintenance

a) On-Call

1) Contractor and Cal Expo shall agree upon a designated person who will be available on an on-call basis for purposes of emergency maintenance during the period tents and canopies are in place.

2) Person designated by Contractor shall be available to promptly respond to Cal Expo by telephone on a 24-hour basis. Contractor shall furnish Cal Expo with telephone number of contact person.

3) During operating dates of the State Fair, the designated person shall be able to respond on-site within sixty (60) minutes of receiving the phone call.

b) Contractor shall be responsible for a minimum of one (1) maintenance check with designated Cal Expo Tent Coordinator, on a mutually agreed upon date and time.

c) Contractor’s project manager shall be available throughout actual load-in and set-up of all tent and canopy equipment and must be available for site inspections as designated by Cal Expo.

d) Contractor shall provide last minute tent and sidewall adjustments, including installation and removal of equipment, starting three (3) days prior to the start of the annual State Fair.

4. Installation and Removal

a) Cal Expo shall provide Contractor with installation start date. Equipment must be installed and ready for use on the dates shown for each bid item on the Cost Sheet(s) (Attachment 3).

b) Removal of all tents and canopies will be on a schedule determined by Cal

Expo. No tents or canopies shall be removed prior to the day following the last day of the annual State Fair. All tents and canopies must be removed by 5:00 p.m. on the first Friday following the last day of the annual State Fair.

c) Walk-through inspections: A pre-fair walk through inspection shall be conducted one (1) week prior to opening day of each year’s fair, and a post-fair walk through inspection shall be conducted two (2) days after the last day of each year’s fair. Walk-through inspections shall be coordinated by Cal Expo’s Tent Coordinator, and is mandatory for Contractor or Contractor’s representative to attend both pre and post walk-throughs each year. After completion of inspections, Cal Expo and Contractor shall sign a Receipt of Installation form, and a Receipt of Removal form for all equipment rented.

5. Item Description and Change in Quantity: All known items are listed and described on the Cost Sheet. Contractor shall provide, at the same bid price scale, tent sizes, colors, and configurations unknown at the time of bid and not listed within this IFB. Cal Expo reserves the right to decrease or increase quantities of canopies and tents as deemed necessary. Any decrease or increase shall not affect specific item costs indicated on the Cost Sheet. Cal Expo shall not be required to pay for any items not provided or erected.

6. Bid Amount: Item bid prices shall include the accessories shown for that item on the Cost Sheet. Accessories are listed with the total quantity for that item. Bid prices shall include all expenses, including any applicable taxes or fees.

7. Term: Term of this Agreement will be a January 1, 2026, through December 31, 2028.

8. Board Approval: Contracts exceeding $100,000 require final approval of the California Exposition & State Fair Board of Directors.

9. Payment: One progress payment for each rental period is permitted for tasks completed under this Agreement. Cal Expo will determine what the Contractor has earned during the period for which payment is being requested on the basis of the contract terms and shall retain out of such earnings an amount at least equal to ten percent (10%) thereof, pending satisfactory completion of the entire Agreement.

B. Minimum Qualifications for Bidders

The bidder must demonstrate that it meets all of the following minimum qualifications to be considered responsible to this IFB. Failure to satisfy all of the minimum qualifications shall be cause for immediate rejection of the respondent’s bid.

1. Bidder must have successfully provided the services described in this IFB for similar sized events in the last five (5) years.

2. References must provide assurance of bidder’s attention to timeliness, safety and overall successful performance. Cal Expo may, at its option, use information gained by conducting reference checks with references provided or from the individuals who have had contracts with the Bidder. Bidder will be given the opportunity to respond to unfavorable information which has been acquired from references other than those provided by the bidder. Unfavorable information received from reference checks may be cause for rejection of the bid.

C. Bid Requirements and Information

1. Key Action Dates

Event Date

Publish Date September 10 2025

Questions Due (no later than) September 16, 2025, 5:00 PM

Answers Published (if applicable) September 19, 2025

Final Date for Bid Submission (and time) September 25, 5:00 PM

Proposed Award Date (tentative) October 1, 2025

2. Experience of Firm: Submit with bid a description of experience of the firm to fulfill the minimum qualifications set forth above.

3. References: Submit a minimum of three (3) references for services provided within the last five (5) years to fulfill the minimum qualifications set forth above.

4. Submission of Bid:

a) All bids must be submitted via email to the email address below by dates and times shown in Section C, Bid Requirements and Information, Item 1.

contracts@calexpo.com

IFB # CSF-25-1246

TENT & CANOPY RENTAL

b) All bids shall include the documents identified in Section E. Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

c) All documents requiring a signature must bear an original (electronic) signature of a person authorized to bind the bidding firm.

d) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

e) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. Cal Expo may reject any or all bids and may waive an immaterial deviation in a bid. Cal Expo’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

f) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to Cal Expo.

g) An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

h) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

i) A bidder may withdraw its bid by submitting a written email withdrawal request to Cal Expo at contracts@calexpo.com. A bidder may submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

mailto:contracts@calexpo.com mailto:contracts@calexpo.com

j) Cal Expo may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

k) Cal Expo reserves the right to reject all bids. Cal Expo is not required to award an agreement.

l) Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

m) Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered.

No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

n) Cal Expo does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

o) No oral understanding or agreement shall be binding on either party.

5. Evaluation and Selection

a) At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

b) Cal Expo will evaluate each bid to determine its responsiveness to the published requirements.

c) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

d) Award, if made, will be to the lowest responsive responsible bidder.

6. Award and Protest

a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

b) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

c) If any bidder, prior to the award of agreement, files a written protest with the

Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and Cal Expo on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and Cal Expo a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to Cal Expo. It is suggested that you submit any protest by certified or registered mail.

e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to Cal Expo the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at www.osp.dgs.ca.gov under the heading FORMS MANAGEMENT CENTER. No payment shall be made unless a completed STD 204 has been returned to Cal Expo.

f) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to Cal Expo page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at www.dgs.ca.gov/contracts. This document is only required if the bidder has not submitted this form to Cal Expo within the last three (3) years.

7. Disposition of Bids

a) Upon bid opening, all documents submitted in response to this IFB will become the property of Cal Expo and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

8. Agreement Execution and Performance

a) Performance shall start not later than express date set by the Cal Expo and the Contractor, after all approvals have been obtained and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, Cal Expo, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to Cal Expo for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

http://www.osp.dgs.ca.gov/ http://www.dgs.ca.gov/contracts

b) All performance under the Agreement shall be completed on or before the termination date of the Agreement.

D. Preference Programs

This IFB includes the Small Business Preference. Complete information can be found at https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

E. Required Attachments Checklist

The remainder of this page is intentionally left blank.

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

E. REQUIRED ATTACHMENT CHECK LIST

A complete bid package from Bidder will consist of the items identified below.

Attachment Attachment Name/Description

Attachment 1 Bid/Bidder Certification Sheet

Attachment 2 Bidder References

Attachment 3 Cost Sheet

Attachment 4 Civil Rights Laws Certification (over $100,000)

ATTACHMENT 1

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original (electronic) signatures.

A. Place all required attachments behind this certification sheet.

B. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Email address:

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No.

(FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as:

a. California Small Business

Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No

If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSBCR, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7 Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

ATTACHMENT 2

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed non-responsive.

List below three references for services performed within the last five years, which are similar to the scope of work to be performed in this agreement.

REFERENCE 1

Name of Firm Street Address City State Zip Code

Contact Person Telephone Number

Dates of Service Value or Cost of Service

Brief Description of Service Provided

REFERENCE 2

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code

Contact Person Telephone Number

ATTACHMENT 3

COST SHEET

Name of Bidder: _______________________________________________________________

Signature of Bidder: ___________________________________________________________

Bidder agrees to furnish all labor, materials, tools and equipment necessary to accomplish the work in accordance with the specifications herein for amounts as follows.

Upon signing this Cost Sheet, bidder certifies that all equipment required to fulfill the needs of this agreement is available to the bidder.

Bidder agrees to provide equipment in “new looking” condition to minimize down time of rented equipment.

NOTE:

• All bid amounts shall apply for the full term of the agreement.

• All Unit Costs per item amounts will include:

o Applicable taxes o Delivery and pick-up o All other expenses

• Estimated #’s needed will vary year to year, depending on the programmatic needs.

• Cal Expo reserves the right to decrease or increase quantities of canopies, pagoda’s and equipment as deemed necessary. Any decrease or increase shall not affect specific item costs indicated on the Cost Sheet. Cal Expo will not be required to pay for any items not provided or erected.

• Install dates will change depending on opening day of the Fair each year. Installation shall occur seven (7) days before opening day of the fair each year, and removal dates shall occur two days after the last day of the Fair each year.

Item Description Style/Type Est. # Unit Cost

Total Cost (Est. # x Unit Cost)

Standard Canopy 10’X10’ (White) with lights 40 $__________ $_______________

Pagoda Tent 10’X10’ (White) with lights 15 $__________ $_______________

Standard Canopy 20’X30’ (White) with lights 4 $__________ $_______________

Pagoda Tent 20’X30’ (White) with lights 5 $__________ $_______________

Standard Canopy 20’X20’ (White) with lights 10 $__________ $_______________

Pagoda Tent 20’X20’ (White) with lights 35 $__________ $________________

Wall 8’ height 10’ sections mesh or solid 80 $__________ $________________

Wall 10’ height 10' sections mesh or solid 100 $__________ $________________

Misc Concrete blocks 200 $__________ $________________

Misc Tent relocation 5 $__________ $________________

TOTAL COST $______________

TOTAL COST $__________________ x 3 years = $_______________

GRAND TOTAL

(Basis of Award)

ATTACHMENT 4

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 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 are not 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.

Proposer/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

Sample Standard Agreement

General Contract Provisions

General Terms and Conditions (GTC 02/2025)

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

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

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

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

5. INDEMNIFICATION: 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 be injured 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 such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

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

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

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

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

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

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

a. The Government Code Chapter on Antitrust claims contains the following definitions:

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 may bring 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 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.

Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

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

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

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING

REQUIREMENTS:

a. If for this Contract, Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)

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

20. LOSS LEADER: If this Contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code (PCC 10344(e).).

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:

a. The following terms are in addition to the defined terms and shall apply to the Contract:

1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)

b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

c. Notification shall be provided to the State designee identified in this Contract.

d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.

e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.

f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

Special Terms and Conditions

1. GENERAL LIABILITY INSURANCE: At all times Contractor shall maintain at its own cost and expense commercial general liability insurance coverage with minimum limits of at least $1,000,000 per occurrence combined single limit for bodily injury and property damage and cover damages for bodily injury, property damage, personal injury liability, and products and completed operations liability. The general liability insurance coverage shall include the following provisions:

a. State of California, California Exposition & State Fair, its agents, officers, directors and employees are made additional insured but only insofar as the operations under this agreement are concerned.

b. Cal Expo shall not be responsible for the payment of any premiums or assessments on the policy.

c. Contractor shall submit insurance certificates to Cal Expo for approval by appropriate agencies prior to the commencement of operation on the premises. At least thirty (30) days prior to the expiration of any policy, a new insurance certificate with renewal information shall be filed with Cal Expo. Contractor shall furnish Cal Expo a certified copy of the policy within ten (10) days upon request.

d. Certificate of Insurance and/or policy must cover for the term of the agreement including the period described as set-up and clean-up period, if any.

e. Contractor agrees that the liability insurance herein provided shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires at any time or times during the term of this agreement, Contractor agrees to provide the California Exposition & State Fair, PO Box 15649, Sacramento, CA 95852, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than one year or the remainder of the term of this agreement. New Certificates of Insurance are subject to the approval of the California Exposition & State Fair and Contractor agrees that no activity by Contractor contemplated by this agreement be performed after the insurance expires and prior to the giving of such approval. In the event Contractor fails to keep in effect at all times during the term of this agreement the insurance coverage as herein provided, Cal Expo may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such event.

2. WORKERS’ COMPENSATION INSURANCE: Contractor certifies that it is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. Contractor‘s workers compensation insurance policy shall be endorsed with a waiver of subrogation in favor of the State of California in the event the contractor employs and person, in any manner, that is subject to the Workers Compensation Laws of California.

3. PROPERTY INSURANCE: At all times Contractor shall maintain at its own cost and expense all-risk property insurance coverage on the buildings, improvements, fixtures, furnishings, equipment and all other personal property, including supplies of the Contractor on the premises, on replacement of the property in event of loss.

4. AUTOMOBILE LIABILITY INSURANCE: At all times Contractor shall maintain at its own cost and expense automobile liability insurance coverage with limits not less than $1,000,000 combined single limit per accident.

5. POTENTIAL SUBCONTRACTORS: Nothing contained in this agreement or otherwise shall create any contractual relation between Cal Expo 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 Cal Expo 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 Cal Expo’s obligation to make payments to the Contractor. As a result, Cal Expo shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

6. DAMAGE TO EQUIPMENT: Cal Expo does not have responsibility for loss or damage to

Contractor’s property arising from causes beyond the control of Cal Expo.

7. RIGHT TO TERMINATE: Cal Expo reserves the right to terminate this agreement subject to 30 days written notice to the Contractor if Cal Expo determines it cannot meet budgetary or financial obligations under this agreement or its operational needs have changed. Contractor may submit a written request to terminate this agreement only if Cal Expo should substantially fail to perform its responsibilities as provided herein.

However, the agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on Cal Expo’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the

Contractor, if the Contractor or Cal Expo’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

8. MEGAN’S LAW: Prior to start of work, Contractor shall provide Cal Expo with a list of all individuals, including any subcontractors, ages 18 and over who have access to the Cal Expo premises by completing Cal Expo’s Megan’s Law Form. All such individuals will be checked by Cal Expo’s authorized representative through the California Department of Justice Megan’s Law Sex Offenders file.

9. DRONE POLICY: In order to protect the safety, security, privacy, and property interests of

Cal Expo, its employees, agents, contractors, and the public, any operation or use of unmanned aircraft systems, remote-or-radio controlled model aircraft of all types, shapes, and sizes, or any other similar type devices (collectively “Drones”) is prohibited on the premises of Cal Expo or within the Cal Expo’s air rights, without prior written approval from Cal Expo. Be advised that violation of this policy will result in immediate ejection from Cal Expo’s premises and may subject the violator to a criminal trespass warning or arrest for those who fail to comply.

10. Executive Order N-6-22 regarding Russia sanctions:

A. Compliance with Applicable Laws and Regulations:

• Contractor shall comply with all applicable federal, state, and local laws, regulations, and Executive Orders, including, but not limited to, Executive Order N-6-22 regarding sanctions against Russia and Russian entities and individuals.

B. Sanction Certification:

• Contractor certifies that it is not a target of any economic sanctions imposed by the

United States government or the State of California in response to Russia's actions in Ukraine.

• Contractor further certifies that it will not use any funds or resources received under this contract to directly or indirectly benefit any party subject to sanctions related to Russia's actions in Ukraine.