RFP-24-1228-SF_Grounds_Acts__Entertainment-2025-26.pdf

CALIFORNIA EXPOSITION & STATE FAIR

P.O. Box 15649 Sacramento, CA 95852-1649 State of California Gavin Newsom, Governor

REQUEST FOR PROPOSAL

STATE FAIR GROUNDS ACTS

AND ENTERTAINMENT SERVICES

CSF-24-1228

August 16, 2024

You are invited to review and respond to this Request for Proposal (RFP) entitled State Fair Grounds Acts and Entertainment Services, CSF-24-1228. 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:

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

In the opinion of the California Exposition & State Fair (Cal Expo), 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 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

State Fair Grounds Acts and Entertainment Services, RFP # CSF-24-1228

A. Purpose and Description of Services

The Cal Expo Grounds Entertainment Department is seeking proposals for State Fair Grounds Acts and Entertainment services as outlined in this RFP. Cal Expo is an independent entity of state government. The successful firm shall provide programmatic expertise for all aspects of the grounds entertainment and have highly developed communication skills to include providing continual updates to Cal Expo/State Fair management and all stakeholders during the planning phase, and during the annual California State Fair. The 2025 California State Fair will be held at Cal Expo July 11 through July 27, 2025. Future state fair dates will be similar.

1. Scope of Work

Contractor agrees to provide consultative services for the 2025/2026 California State Fairs with a focus on the following program areas and positions:

• Contractor shall provide detailed activations to best support each individual special event or program area.

• Contractor agrees to meet and work with all parties including other contractors, Cal Expo staff, sponsors, Board Members, vendors, and stakeholders interested in assisting and discussing progress of events.

• Contractor shall be the primary party to represent Cal Expo and take pride in providing helpful, timely, friendly and professional representation as a Contractor for Cal Expo.

Contractor shall be responsible for organizing and scheduling all activities for the following special programs:

a) Grounds Entertainment Acts Management

1) Contractor shall advise, guide, and recommend a complete programming strategy for all grounds strolling entertainment and the community stages as it relates to the available budget. Contractor shall provide continuous updates and be available to State Fair management in the planning and progress of entertainment contract statuses and current entertainment industry trends.

2) Manage all administrative components of the State Fair’s Grounds

Entertainment Department, including but not limited to performer correspondence, entertainment email account, entertainment voice mailbox, online application management, and updating website/mobile app. Assist with outreach to the community in an effort to attract performers from a wide and diverse background.

State Fair Grounds Acts and Entertainment Services; RFP # CSF-24-1228

3) Create a labor budget with Cal Expo management for the annual State Fair based on contractor recommendations and venue requirements.

Contractor will source, coordinate, train, and manage all grounds entertainment production staff. Payroll expenses for independently contracted grounds production staff is the responsibility of Cal Expo.

4) Coordinate with sound, lighting, stage providers, and miscellaneous vendors to ensure that all production equipment and specifications are appropriate for each performance area.

5) Provide training, direction and supervision to the IATSE Local 50 Union stage managers and rovers, including the coordinating of scheduling with the IATSE Business Manager, and processing and submission of payroll.

6) Function as liaison with venue departments that interface with grounds and community entertainment events, including but not limited to Administration, Marketing/Public Relations, Maintenance/Electrical, and Law Enforcement. Contractor shall work closely with Cal Expo management to ensure that all necessary production information is distributed to the appropriate departments including production timelines, artist requirements, and general administration information.

7) Contractor will be onsite to provide complete oversight and coordination of the grounds strolling entertainment and community stages during the State Fair. Contractor shall provide comprehensive production details of all grounds and community performances and will coordinate performer schedules, advances, timelines, sound requirements, credentials, and crew schedules.

8) Cal Expo may offer to add additional entertainment programs to this contract, if such programs are mutually agreed upon. Such programs will include additional compensation to the Contractor.

B. Consulting Services

1) Contractor’s Performance Evaluation

In accordance with the provisions of Public Contract Code Sections 10367 and 10369, the Contractor'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, 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.

2) Resumes

The Contractor 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 Contractor.

3) Substitution of Contractor Personnel

The Contractor shall not substitute any Contractor personnel without prior written approval from Cal Expo Project Manager. If a substitution of the Contractor’s Project Manager or Project Supervisor personnel is necessary, the 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 Contractor’s proposed replacement Project Manager or Project Supervisor, the Contractor 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 Contractor 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.

4) Contractor 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 Contractor must terminate the contractor personnel or subcontractor from the Agreement within three (3) 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.

5) Follow-on Agreements

No person, firm, or subsidiary thereof that has been awarded a consulting services contract may submit a bid 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.

6) Consultant Report

Per Government Code Section 7550, the Contractor shall include in any document or written report prepared in whole or in part by the 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.

7) Consultant Contractor’s Rights and Obligations

The Contractor is advised that the provisions of Public Contract Code Sections 10335 through 10381 pertaining to the duties, obligations, and rights of a consultant service contractor are applicable to this Agreement.

8) 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 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.

9) 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).

C. Term of Agreement: The term of this Agreement will be November 1, 2024, or upon contract approval whichever is later, through August 14, 2026, with an option to extend the agreement for one (1) additional one-year term. Dates of events for 2026 and 2027 will be similar.

D. Payment: Payment will be made, in arrears, after satisfactory completion of services and approval of invoices submitted. Progress payments are permitted under this Agreement.

E. Board Approval: Contracts and amendments over $100,000 must be approved by

Cal Expo’s Board of Directors.

F. 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 Grounds Acts and

Entertainment planning and implementation experience at a State or County Fair and/or festival within the last five years.

2. Proposer shall have experience in managing multiple events simultaneously, as well as relevant coordination, outreach, logistical, and budgetary skills for large events.

G. Required Skills

1. Proficiency in high profile public events involving competitions, judging, and receptions or tastings.

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.

H. Proposal Requirements and Information

1. Key Action Dates

Event Date

RFP Published August 16. 2024

Final Date for Proposal Submission August 30, 2024; 4:00 PM

Proposed Award Date (tentative) September 4, 2024

Proposed Start Date (tentative) November 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) Generative Artificial Intelligence (GenAI) (Attachment 5): This form must be completed and submitted with proposal. It is mandatory.

g) 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 shall 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 H, Proposal Requirements and Information. Proposals received after the due date and time will not be considered.

mailto:contracts@calexpo.com

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

d) Cal Expo does not accept alternate contract language from a prospective contractor. 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 Fair or experience with Grounds Entertainment Event Planning for a State or County Fair and/or festival within the last five (5) years

Proposer’s administrative experience (planning, marketing, budgeting, and implementing successful events)

Financial Proposal 30

TOTAL POSSIBLE POINTS

5. 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.

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.

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

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

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

Grounds Acts and Entertainment Services; RFP # CSF-24-1228

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

State Fair Grounds Acts and Entertainment services as described in this RFP.

X 2 years

(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 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

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

GENAI REPORTING AND FACT SHEET PROCUREMENT DIVISION

STD 1000 (REV. 07/2024)

Generative Artificial Intelligence (GenAI) Reporting and Factsheet

Solicitation / Contract Number Bidder ID / Vendor ID (optional)

Business Name Business Telephone Number

Business Address City State Zip Code

Contract / Description of Purchase

Will you and/or your subcontractor(s) be using or offering GenAI technology, model, service, or system (collectively, “product”)? Yes No (If no, skip to Signature section of this form.)

If yes, provide details regarding the GenAI system. See GenAI Reporting and Factsheet Instructions at the end of this form for more information.

Failure to provide information requested on this form may result in disqualification or may void any resulting contract.

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

GENAI REPORTING AND FACT SHEET PROCUREMENT DIVISION

STD 1000 (REV. 07/24)

2. (GenAI powered, or driven), applications / product owner

3. Product

Description

4. Use Case(s)

5. Intended

Information Domain

6. Explain how the GenAI system is not adversely affecting decisions that materially impact access to, or approval for, housing or accommodations, education, employment, credit, health care, and criminal justice.

By signing this document, I have identified and reported any GenAI use in the performance of this contract. If any new or previously unreported GenAI use is identified in the future in the performance of this contract, we will complete and submit to the State an updated STD 1000.

Signature Date

Submit completed form to the awarding department

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

GENAI REPORTING AND FACT SHEET PROCUREMETN DIVISION

STD 1000 (REV. 07/2024)

GenAI Reporting and Factsheet Instructions

Please use the following definitions and instructions to complete the GenAI Reporting and Factsheet:

1. GenAI Model Name, LLM Version (including number of parameters) & list ALL model names/owners for the solution or offering

a. Definition: The unique identifier or name assigned to the specific GenAI model or service.

b. Purpose: Allows users to refer to and distinguish between different GenAI models.

2. (GenAI powered, or driven), applications/product owner:

a. Definition: The name of the organization or entity responsible for creating or deploying the GenAI model or service.

b. Purpose: Helps identify the source and accountability for the GenAI system.

3. Product Description:

a. Definition: A concise summary of the GenAI model’s purpose, functionality, and key characteristics.

b. Purpose: Provides a high-level understanding for users and stakeholders.

4. Use Case(s):

a. Definition: The intended use or goal of the GenAI model (e.g., image recognition, natural language processing, text summarization).

b. Purpose: Helps users assess whether the GenAI model aligns with their needs.

5. Intended Information Domain:

a. Definition: The context, subject matter, or domain for which the GenAI model is designed to operate effectively.

b. Purpose: Helps users determine if the GenAI model is suitable for their specific use case.

6. Adverse Impact:

a. Explain below how you are ensuring the GenAI system is not adversely affecting decisions that materially impact access to, or approval for, housing or accommodations, education, employment, credit, health care, and criminal justice.

7. Signature:

a. The signatory for the Contract shall also sign the STD 1000

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.

Generative AI (GenAI) Disclosure & Factsheet

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Proposers must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Proposers.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Proposers and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Proposal GenAI Disclosure & Factsheet the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject proposals that present an unacceptable level of risk to the state.

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 http://www.dgs.ca.gov/ols/resources/standardcontractlanguage https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf 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 any person, in any manner, that is subject to the Workers Compensation Laws of California.

3. 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.

4. 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.

5. 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.

6. 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 Americans 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.

7. 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.

8. 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.

9. 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, 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=

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.

10. 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.