RFP-23-1215_Press_and_Community_Outreach_Mgmt_2024.pdf
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- Sacramento County, San Francisco City, California
About this file
This document is a Request for Proposal (RFP) issued by the California Exposition & State Fair (Cal Expo) for Press and Community Outreach Management services for the 2024 California State Fair. The successful proposer will be responsible for coordinating community outreach, crisis management, media relations, and other marketing and communications tasks. The RFP outlines the Scope of Work, Minimum Qualifications, Required Skills, and Proposal Requirements, including deadlines for questions, proposal submission, and the award schedule. The term of the initial agreement is from January 1, 2024 through September 30, 2024, with options to extend for two additional one-year terms.
The RFP requires proposers to submit pricing information, references, resumes, and other documentation to demonstrate their qualifications. Cal Expo will evaluate proposals based on the proposer's relevant experience, administrative capabilities, and cost proposal. The RFP also includes information about the State's standard contract language, civil rights law certification, and other legal requirements. Proposers must comply with all terms and conditions specified in the RFP.
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CALIFORNIA EXPOSITION & STATE FAIR
P.O. Box 15649 Sacramento, CA 95852-1649 State of California Gavin Newsom, Governor
REQUEST FOR PROPOSAL
PRESS AND COMMUNITY OUTREACH MANAGEMENT
RFP-CSF-23-1215
November 16, 2023
You are invited to review and respond to this Request for Proposal (RFP) entitled Press and Community Outreach Management, RFP-CSF-23-1215. In submitting your proposal, 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, this RFP 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 California Exposition & State Fair
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 mailto:Contracts@calexpo.com
Press and Community Outreach Management, RFP-CSF-23-1215
A. Purpose and Description of Services
California Exposition & State Fair (Cal Expo and State Fair) is seeking proposals for Press and Community Outreach Management services as outlined in this RFP. Cal Expo is an independent entity of state government. The successful firm shall provide community outreach and mitigation expertise for all aspects of the marketing, press and community relations disciplines, and have highly developed communication skills to include providing continual updates to management and all stakeholders during the annual State Fair and throughout the term of this Agreement. The 2024 California State Fair will be held at Cal Expo, July 12 through July 28.
Scope of Work
The successful proposer shall provide Press and Community Outreach Management services throughout the term of this Agreement. Proposer to provide outreach and mitigation expertise to best support special events, program areas, and perception issues that arise, and provide timely, cohesive responses on Cal Expo’s behalf.
1. Contractor Tasks and Responsibilities
• Work with marketing staff, press staff and management to present Cal Expo and State Fair as a positive, community-minded agency in all situations
• Coordinate and attend community events to promote the State Fair including live music, festivals, street festivals, farmers’ markets, sporting events, and more
• Help plan and coordinate the California State Fair Pre-Events (TBD)
• Plan and coordinate the California State Fair Awards Program
• Emcee/voice for the Fair
• Crisis management strategy and training with on-site Police Chief and personnel
• Attend daily law enforcement briefing; update staff on any potential media on the grounds
• Interact with city agencies to promote State Fairs: Local Convention and Visitor’s Bureaus, County Board of Supervisors, and state legislators
• Coordinate outreach for the Read-to-Ride Program
• Coordinate outreach for the Fun-for-all Day
• Cultivate relationships and write marketing plan for partnerships with various local publications
• Coordination to highlight competition winners on media circuit
• Organize State Fair’s Media Day
• Organize opening day with media for Fair
• Live weather reports promoting the Fair
• Coordinate ticket giveaways with local media stations
• Find and promote Daily Stories during the run of the Fair
• Be the face and voice of the Fair in a time of emergency when grounds are activated as a shelter or response facility
• Ability to create and implement verbal and written plans for an impending local emergency
• Work with management, including the Board of Directors as directed by the CEO and/or Management Team
• Provide responses to public inquiries in times of crisis and direct management and board of directors to cohesive talking points as agreed upon
• Other mitigation tasks as needed.
Proposer agrees to be the primary party to represent Cal Expo, and shall take pride in providing fully informed, community-minded representation for Cal Expo.
B. Proposer’s Performance Evaluation
In accordance with the provisions of Public Contract Code Sections 10367 and 10369, the Proposer's performance under this Agreement will be evaluated. The evaluation shall be prepared within sixty (60) calendar days after completion of this Agreement. Cal Expo shall make an effort to prepare the evaluation on Contract/Contractor Evaluation (STD. 4). If the performance was unsatisfactory, a copy of the completed Contract/Contractor Evaluation form shall be sent to the Department of General Services (DGS), Office of Legal Services. Cal Expo shall notify and send a copy of the completed evaluation to the Contractor, who shall then have thirty (30) calendar days in which to prepare and send statements to DGS and Cal Expo defending the firm’s performance under this Agreement. The evaluation and Contractor response shall not be public record.
C. Resumes
The Proposer shall provide Cal Expo with a resume for each contract participant who shall exercise a major administrative role or major policy or consultant role as identified by the Proposer.
D. Substitution of Proposer Personnel
The Proposer shall not substitute any Proposer personnel without prior written approval from Cal Expo Project Manager. If a substitution of the Proposer’s Project Manager or Project Supervisor personnel is necessary, the Proposer/Contractor shall notify Cal Expo Project Manager and submit a resume for the replacement personnel to the Cal Expo Project Manager within five (5) business days of notification to Cal Expo. All proposed replacement personnel shall have the skills and experience that meet or exceed the skills of the personnel being replaced. The Cal Expo Project Manager shall approve or reject the replacement personnel before services continue to be rendered. In the event the Cal Expo Project Manager rejects the Proposer’s proposed replacement Project Manager or Project Supervisor, the Proposer shall continue to submit resumes to the Cal Expo Project Manager until the Cal Expo Project Manager approves such replacement. A failure to provide suitable replacement personnel, as determined solely by Cal Expo, shall constitute a breach of this Agreement and shall entitle Cal Expo in its sole election, to pursue all of its available legal remedies. Any Proposer Project Manager or Project Supervisor personnel changes during the term of this Agreement shall require a written amendment to the Agreement prior to work authorization.
E. Contractor/Proposer and Subcontractor Personnel Continuing Assignment
The Cal Expo Project Manager reserves the right, in its sole discretion, to disapprove the continuing assignment of any contractor personnel or subcontractor provided to Cal Expo under this Agreement. If Cal Expo exercises this right, the Proposer/Contractor must terminate the proposer personnel or subcontractor from the Agreement within three (3) business days written notice by Cal Expo Project Manager, and shall provide qualified replacement personnel who meet the minimum requirements set forth in this Agreement within five (5) business days of the Cal Expo exercising its rights in this paragraph. A failure to provide qualified replacement personnel as determined by Cal Expo within the specified period shall constitute a breach of this Contract, and shall entitle Cal Expo, in its sole election, to pursue all of its available legal remedies.
F. Follow-on Agreements
No person, firm, or subsidiary thereof that has been awarded a consulting services contract may submit a proposal for, nor be awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract.
This section does not apply to any person, firm, or subsidiary thereof who is awarded a subcontract of a consulting services contract which amounts to no more than ten percent (10%) of the total monetary value of the consulting services contract.
G. Consultant Report
Per Government Code Section 7550, the Proposer/Contractor shall include in any document or written report prepared in whole or in part by the Proposer/Contractor under this Agreement, the contract number and the dollar amount of each contract and each subcontract relating to the preparation of the document or written report.
H. Consultant Proposer’s Rights and Obligations
The Proposer is advised that the provisions of Public Contract Code Sections 10335 through 10381 pertaining to the duties, obligations, and rights of a consultant service Proposer/Contractor are applicable to this Agreement.
I. Ownership of Intellectual Property
All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed during the performance of this Agreement shall become the sole property of Cal Expo. Upon request, the Proposer/Contractor shall provide an acknowledgement or assignment, in a tangible form satisfactory to Cal Expo to evidence Cal Expo sole ownership of specifically identified intellectual property created or developed in the performance of this Agreement is restricted to include only the data supplied by Cal Expo, and the analyses, reports, papers, and documents produced for Cal Expo.
J. Dispute
Any dispute of fact arising under the terms of this Agreement, which is not resolved within a reasonable period of time as defined by the Cal Expo Project Manager, shall be brought to the attention of the Chief Executive Officer (or designative representative) of each organization for joint resolution. If an agreement cannot be reached through the application of high-level management attention, either party may assert its rights and remedies under this Agreement. Notwithstanding this paragraph, Cal Expo may dispute invoices for purposes of the California Prompt Payment Act (Government Code Chapter 4.5, commencing with Section 927).
K. Payment: Payment will be made, in arrears, after satisfactory completion of services and approval of invoices submitted. Progress payments are permitted under this Agreement.
L. Final Approval: Contracts or amendments of $100,000 or more are not considered fully executed until approval from the California Exposition & State Fair's Board of Directors is obtained.
M. Amendment: No alteration of or variation from the terms of this Agreement shall be valid unless made in writing via amendment and signed by both parties of this Agreement.
N. Term of Agreement: The term of this agreement is January 1, 2024, or upon contract approval, whichever is later, through September 30, 2024 with an option to extend the agreement for two (2) additional one-year terms. Dates of events for 2025 and 2026 to be determined.
O. Minimum Qualifications for Proposers
For a proposal to be considered, proposer shall meet the following minimum requirements:
1. Proposer shall have a minimum of three (3) years of State/County Fair or local festival experience performing successful Marketing, Press and Community Outreach tasks within the last five years.
2. Proposer shall have experience in managing multiple events simultaneously, as well as relevant coordination, logistical and budgetary skills for large events.
P. Required Skills
1. Proficiency in high profile public events involving competitions, judging and receptions and crisis management.
2. Experience in coordinating volunteers, vendors, stakeholders and Board
Members to effectively produce and/or implement successful events.
3. Must have excellent people skills, with the ability to be professional, friendly and helpful.
4. Ability to schedule and manage timelines and adhere to deadlines.
Q. Proposal Requirements and Information
1. Key Action Dates Event Date
Publish Date November 16, 2023
Questions Due (and time) November 20, 2023; 5:00 PM
Answers Provided (if applicable) November 22, 2023
Proposals Due (and time) November 30, 2023; 4:00 PM
Review of Proposals by Cal Expo Scoring Committee December 1, 2023
Intent to Award Date (tentative) December 2, 2023
Proposed Start Date (tentative) January 1, 2024 (or upon contract approval whichever is later)
2. Required Proposal Content
a) Proposal/Proposer Certification Sheet (Attachment 1): This form is self-explanatory.
b) Proposer’s Qualifications
(1) Submit a company/individual profile describing experience and qualifications for the services included in this RFP.
(2) Submit résumés of each individual who will fulfill the requirements included in this RFP.
c) References (Attachment 2): Submit references of similar accounts (past or present) where services, similar to those included in this RFP, were provided. References will be checked and responses received will be reflected in the scoring of the proposal. This information is mandatory;
however, the information may be submitted in a format other than the form provided.
d) Cost Sheet (Attachment 3): Provide a quotation of costs to Cal Expo for services as described in this RFP. Proposals may be submitted in another format of choice, provided the information included is the same that is requested on the Cost Sheet.
e) Civil Rights Law Certification (Attachment 4): This form must be completed and submitted with proposal. It is mandatory.
f) Additional Information: Along with the mandatory requirements, the proposer may also include any other relevant information or pertinent exhibits.
3. Submission of Proposal:
a) Proposals may be submitted via email to the following:
Contract and Procurement Manager
Email: contracts@calexpo.com
b) All proposals must be received by Cal Expo by dates and times shown in
Section O, Proposal Requirements and Information. Proposals received after the due date and time will not be considered.
c) Proposals 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 proposal to be rejected.
mailto:contracts@calexpo.com
d) Cal Expo does not accept alternate contract language from a prospective
Proposer. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.
e) No oral understanding or agreement shall be binding on either party.
4. Evaluation Process
a) Award, if made (meets Cal Expo’s budget criteria), will be to the highest scored responsible proposal.
Proposal Evaluation: The proposals that meet the minimum qualifications will be evaluated and scored according to the criteria indicated below.
Proposal Rating/Scoring Criteria
Maximum Possible Points
Proposer’s relevant State/County Fair or local festival experience performing successful Marketing, Press and Community Outreach tasks within the last five years.
Proposer’s administrative experience (planning, marketing, budgeting and implementing successful events)
Financial Proposal 30
TOTAL POSSIBLE POINTS
5. Award and Protest
a) Notice of the proposed award shall be posted in a public place in the office of California Exposition & State fair, 1600 Exposition Boulevard, Sacramento, CA for five (5) working days prior to awarding the agreement.
b) If any proposer, prior to the award of agreement, files a protest with
Cal Expo and the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, on the grounds that the (protesting) proposer would have been awarded the contract had the agency correctly applied the evaluation standard in the RFP, or if the agency followed the evaluation and scoring methods in the RFP, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. It is suggested that you submit any protest by certified or registered mail.
c) Within five (5) days after filing the initial protest, the protesting proposer shall file with the Department of General Services, Office of Legal Services and Cal Expo a detailed statement specifying the grounds for the protest.
d) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency 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. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.
e) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC).
6. Disposition of Proposals: Upon proposal opening, all documents submitted in response to this RFP 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.
7. Preference Programs
This RFP includes the Small Business Preference. Complete information can be found at https://caleprocure.ca.gov/pages/sbdvbe-index.aspx.
https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms%20and%20conditions https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms%20and%20conditions https://caleprocure.ca.gov/pages/sbdvbe-index.aspx
ATTACHMENT 1
PROPOSAL/PROPOSER CERTIFICATION SHEET
This Proposal/Proposer Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original 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 proposal document. The signature below authorizes the verification of this certification.
An Unsigned Proposal/Proposer Certification Sheet May Be Cause For
Rejection
1. Company Name 2. Telephone Number
2a. Fax Number
3. Address
E-mail 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. Proposer’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 Proposal/Proposer Certification Sheet
Complete the numbered items on the
Proposal/Proposer 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
PROPOSER REFERENCES
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. This information may be provided in a different format.
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 Proposer: ______________________________________________________
Signature of Proposer: ___________________________________________________
Cost proposal for providing all services included in this RFP for the term of the Agreement:
PROJECT PRICE QUOTE
Press and Community Outreach Management services as described in this RFP.
(per year, Basis of Award)
Note: Price quote shall reflect the total cost of the services, including any travel and all expenses.
The remainder of this page is intentionally left blank.
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 Proposer 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 Proposer has an internal policy against a sovereign nation or peoples recognized by the United States government, the Proposer 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
General Contract Provisions
General Terms and Conditions (GTC 04/2017)
GTC 04/2017 is included by reference and may be viewed and downloaded online at:
www.dgs.ca.gov/ols/resources/standardcontractlanguage.
Special Terms and Conditions
1. 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.
2. ADA POLICY: Contractor, by signing this Agreement, assures Cal Expo that it, Contractor and each of Contractor’s lessees, sublessees, subcontractors, vendors, promoters, agents, and employees, if any, comply with the Subcontracting with Disabilities Act ("ADA") of 1990 (42 U.S.C. 12101 et. seq.) and California Disability Access statutes including, but not limited to, the Unruh Civil Rights Act (Cal. Civ.
Code §51 et. seq.), the California Disabled Persons Act (Cal. Civ. Code §54 et.
seq.), and all relevant provisions of the Health and Safety and Business and Professions Codes, as well as all applicable regulations and guidelines issued pursuant to the ADA, namely the adopted Americans with Disabilities Act Accessibility Guidelines ("ADAAG") standards, known as the ‘ADA Standards,’ and all applicable regulations and guidelines issued pursuant to California law including Title 24 of California’s Building Code. Failure to comply may subject Permittee to civil liability and damages. Contractor further agrees that this covenant to comply with state and federal disability access requirements continues for the duration of the Agreement. As an additional resource, Contractor is responsible to review the pdf of “A Planning Guide for Making Temporary Events Accessible to People with Disabilities,” https://adata.org/publication/temporary-events-guide, hereby incorporated by reference and made a part of this RFP. By submitting a proposal, Contractor is acknowledging review of the above noted pdf guide.
3. 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 in accordance with the Megan’s Law Sex Offenders file.
http://www.dgs.ca.gov/ols/resources/standardcontractlanguage https://urldefense.proofpoint.com/v2/url?u=https-3A__adata.org_publication_temporary-2Devents-2Dguide&d=DwMFAg&c=uASjV29gZuJt5_5J5CPRuQ&r=Xm1HM7HmLJFQrRvPnQmU0xOYgRW3XXHyI3w2R2lXao0&m=LycyFLt9_N9pW-LJlv0W_MN3xic-e7FkxqSY8_Nojx8&s=0Kf21vMny5j6Tae-bePnQiKKx2BNISGFiihW8YPPndg&e=
4. 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. Please 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.
5. INDEMNIFICATION: Contractor hereby waives all claims and recourse against Cal
Expo including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement. Contractor shall indemnify and save harmless the State of California, California Exposition & State Fair, and all officers and employees thereof from all claims, suits or actions of every name, kind and description, brought forth from, or on account of, injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from the performance of this contract, except as otherwise provided by statute. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in section 2778 of the Civil Code.
Contractor waives any and all rights to any type of express or implied indemnity against Cal Expo, its officers or employees.
It is the intent of the parties that the Contractor will indemnify and hold harmless Cal Expo, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence whether active or passive, primary or secondary on the part of Cal Expo, the Contractor, the subcontractor or employee of any of these.
In the event Cal Expo is named as co-defendant, Contractor shall notify Cal Expo of such fact and shall represent Cal Expo in such legal action unless Cal Expo undertakes to represent itself as co-defendant in such legal action, in which event Contractor shall bear Cal Expo’s litigation costs, expenses, and attorney’s fees.
6. RIGHT TO TERMINATE:
a) This Agreement may be terminated by Cal Expo at any time throughout the term of this agreement, for any reason beneficial to the State of California or California Exposition & State Fair.
b) Event Cancellation: Should any of the Events described in this agreement not occur, Cal Expo reserves the right to provide Contractor with a thirty (30) day notice of termination for all or part of the duties/events/oversight contained in this Agreement.
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