RFP-Ambulance__First_Aid-2024.pdf

CALIFORNIA EXPOSITION & STATE FAIR

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

REQUEST FOR PROPOSAL

AMBULANCE & FIRST AID SERVICES

CSF-24-1227

November 12, 2024

You are invited to review and respond to this Request for Proposals (RFP), entitled Ambulance & First Aid Services, CSF-24-1227. 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.

In the opinion of the California Exposition and 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 and 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 and 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

California Exposition & State Fair Ambulance & First Aid Services, RFP # CSF-24-1227

A. Purpose and Description of Services

1. Contractor will provide ambulance and first aid services on the Cal Expo grounds during the annual California State Fair and other events held at Cal Expo.

2. Cal Expo has established three categories of events held at Cal Expo:

a. Category 1: Includes those events that definitely require services. An example of services is provided in Exhibit A below.

b. Category 2: Includes events that may require emergency medical services.

Levels of this service will be determined on the basis of event promoter needs and Cal Expo requirements.

c. Category 3: Includes events that event promoters and/or Cal Expo desire to have emergency medical services. Type/number of ambulances and corresponding staffing levels will be determined on the basis of event promoter needs, Cal Expo requirements, and/or what the contractor believes is sufficient to cover the event.

3. No Subcontracting: No subcontracting is allowed to fulfill the services provided under this agreement.

4. Medical Supplies and Equipment: Contractor will provide and maintain medical supply stock and equipment at Contractor’s expense.

5. Payment

a. For the State Fair event, two payments will be made by Cal Expo for each year under this agreement. The first payment will be made upon satisfactory completion of services for the first half (9 days) of the California State Fair, and the second payment will be made within 30 days of completion of services for that year’s State Fair.

b. For other events, payment will be made, in arrears, up to 45 days, after satisfactory completion of services and approval of invoices.

c. Each payment is contingent upon approval of invoices submitted by

Contractor.

6. Term: Term of this agreement will be January 1, 2025, through December 31, 2027. The agreement may be extended, at Cal Expo’s sole discretion, for one additional two-year term.

EXHIBIT A

Category One – Example of Services

1. Ambulance Service

a. Transport Equipment

1) Contractor must provide, on a ready standby basis 10 or more fully-equipped advanced life support ambulances (ALS) which are staffed, licensed, and approved by the California Highway Patrol and the Sacramento County Emergency Medical Service Agency, located within 25 miles of Cal Expo according to event requirements.

2) Contractor must provide at least two (2) transport carts, of which one must be gas powered, capable of transporting a patient(s) in a prone position (Performance Pro XT Stryker gurney or equivalent).

b. Location

Standby ambulance service will be provided during the California State Fair at Cal Expo, 1600 Exposition Boulevard, Sacramento, California, at specific locations hereinafter indicated and at any additional, temporary locations as may be prescribed and directed by the Cal Expo Chief of Police or his designated representative.

c. Reports

1) Contractor shall maintain a true and complete log, on forms approved by Cal Expo, of all ambulance/cart service requests. This log must be turned in to Cal Expo's Administrative representative prior to 10:00AM the following day.

2) Contractor shall provide a true and complete report and log, on forms approved by Cal Expo, for each accident requiring first aid services and/or Emergency Medical Services (EMS). These reports and log shall be submitted to Cal Expo's Police Department by closing time each day. A copy of each report will be submitted to Cal Expo's Administrative representative by 10:00AM the following day.

3) Contractor shall provide a true and complete report, on forms approved by Cal Expo, of each person treated by EMTs and/or Paramedics. This form is also required for persons transported by ambulance offsite, regardless of location on the State Fair site. These reports shall be submitted to Cal Expo's Administration representative prior to 10:00 AM the following day.

4) Payment will be made only for those days for which true and complete logs and service reports are properly filed with the Cal Expo Police.

d. Patient Services

1) It is understood that the first order of business is the safety and well-being of event patrons, vendors, employees.

2) Under this agreement, the ambulance/cart shall be used for transportation services on the Cal Expo grounds and delivery to the Emergency Medical Services building or, if the patient's condition warrants, to the closest most appropriate hospital emergency room capable of treating the patient's medical condition.

3) Contractor will transport patient, at patient's request and expense (in an amount not to exceed standard rates prevailing in the area), to the closest most appropriate hospital emergency room that can treat the patient's injury or illness. Authority for patient health care management in an emergency shall be vested in the most medically qualified pre-hospital emergency personnel, for the provision of rendering emergency medical care. Cal Expo is not to be charged, billed, or held liable for such ambulance service rendered to the patient.

4) Contractor agrees that under no circumstances will ambulance service be refused when so ordered regardless of patient's ability to pay for such services.

5) Contractor shall assume full responsibility for treatment rendered.

e. Emergency Medical Technicians/Paramedics

1) Each ambulance provided under this agreement will be staffed as follows:

One (1) Emergency Medical Technician (EMT) and one (1) Paramedic (EMT/P) licensed in the State of California and accredited to practice in Sacramento County. The EMT and EMT/P shall be responsive to the safety and conduct instructions of the Cal Expo Chief of Police or the Cal Expo Administration representative while on the Cal Expo site.

2) All ambulance personnel shall be familiar with grounds, fire lanes, exhibits locations, buildings, carnival, service roads, and all matters necessary to expedite services when requested. Fire lanes and service roads shall be used whenever possible in order to avoid crowded areas as much as possible. All personnel shall attend an orientation given by the Cal Expo Administration representative regarding their duties.

f. Uniforms and Identification

All Contractor employees will wear a distinctive uniform customary to the EMS industry while on duty on the Cal Expo site. The uniform must be approved by Cal Expo's Administration representative and will be furnished by Contractor at Contractor's expense. All Contractor employees will be neat, well-groomed, and personally presentable while on duty. All Contractor employees working on the Cal Expo site shall be required to wear photo identification name badges, furnished by Contractor at Contractor’s expense.

g. Possible Schedule

Staffing is determined by event and required up to the following:

1) Four (4) Paramedics (EMT/P)

2) Three (3) Emergency Medical Technicians (EMT)

3) Five (5) Paramedics (EMT/P), Friday through Sunday

4) Four (4) Emergency Medical Technicians (EMT)

5) One (1) Clerk/Dispatcher (must hold a National Academics of

Emergency Medical Dispatchers (NAEMD) certification, CPR/AED for Professional Rescuers and Health Care Providers with at least 10 years of dispatch working experience. In addition, 9-1-1 dispatch experience preferred.

6) One (1) EMT/P Supervisor (must have ICS certificates and completed MCI training, Ambulance Strike Team/Medical Task Force Leader, ICS to include ICS 100, 200, 300, and 400), with at least eight (8) years of Service as a Supervisor. In addition, must have experience as a supervisor at multi-day events with like attendance.

7) Bike Team must consist of at least two (2) members, trained and certified by the International Police Mountain Bike Association, at least one (1) of whom is an EMT/P. The Bike Team must be on-site.

h. Contractor shall staff and operate the Emergency Medical Services building on the Cal Expo grounds during the annual California State Fair until released by the Chief of Police.

i. Contractor shall have an online CAD system installed in the Emergency Medical Services Building which will allow the on-site clerk/dispatcher to enter all ambulance requests in real time and track responding units to the Cal Expo grounds. In addition, Contractor shall have radio capabilities to allow the on-site clerk/dispatcher to communicate directly with the cart/ambulance, bike team, and incoming/responding units without having to call company communications center.

j. Contractor shall have two-way direct communications with regional fire dispatch to allow for cancellation of fire units who may receive a 9-1-1 call, to include direct communications with responding fire department resources.

k. Contractor must ensure that all teams responding to a call on the fair grounds will be equipped with radios (800 mHz frequency).

NOTE: During the State Fair, the Contractor may be asked to provide additional services to specific events on the fair grounds.

Minimum Qualifications for Bidders

For a bid to be considered, bidder must meet the following minimum requirements:

1. Proposer must have been in business providing ambulance/first aid services for at least five (5) years.

2. Proposer must provide a minimum of three (3) favorable references from clients to whom bidder has successfully provided similar services for events comparable to the California State Fair within the last five (5) years.

3. The company must be approved by Sacramento County Health Department and the State of California as described above.

4. Proposer must own equipment required as described in this RFP.

B. Proposal Requirements and Information

1. Key Action Dates

Event Date

Release of RFP November 12, 2024

Questions Due November 18, 2024, 5 PM

Answers Provided (if applicable) November 20, 2024

Proposal Submittals Due November 25, 2025, 5 PM

Contractor Presentations and Interviews TBD

Anticipated Award Date (tentative) December 2, 2024

2. Required Proposal Content

a) Proposal/Proposer Certification Sheet (Attachment 1): This form is self-explanatory.

b) Proposer’s Qualifications

(1) Submit a company profile describing the firm’s experience and qualifications for the services included in this RFP.

(2) Submit résumés of staff, including description of qualifications, who will fulfill the requirements included in this RFP. Include required certifications required as described in this RFP.

(3) 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.

c) Equipment: Provide a list of equipment, owned by the firm, which will be used to fulfill the requirements of this contract. Include documentation showing proof of ownership and age of the equipment.

d) Cost Sheet (Attachment 3): Provide a quotation of costs to Cal Expo for services as described in this RFP.

e) Certifications: Documentation of current firm certifications by California

Highway Patrol and Sacramento County Emergency Medical Services Division.

f) Civil Rights Law Certification (Attachment 4): This form must be completed and submitted with proposal. It is mandatory.

g) Generative ArtificiaI Intelligence (GenAI) Reporting and Factsheet (Attachment 5): This form must be completed and submitted with proposal.

It is mandatory.

h) Additional Information: Along with the mandatory requirements, the proposer may also include any other relevant information or pertinent exhibits.

3. Submission of Proposal

a) Proposers must submit their response electronically to:

Contracts/Procurement Manager

California Exposition and State Fair Contracts@calexpo.com

If the proposal is made under a fictitious name or business title, the actual legal name of proposer must be provided.

g) All proposals shall include the documents identified in Section B, Required

Attachment Checklist. Proposals not including the proper "required attachments" shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

h) 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.

i) A proposal 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 proposals and may waive any immaterial deviation in a proposal. Cal Expo’s waiver of immaterial deviation shall in no way modify the RFP document or excuse the proposer from full compliance with all requirements if awarded the agreement.

j) Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the proposer and shall not be charged to Cal Expo.

k) An individual who is authorized to bind the proposing firm contractually shall sign the Attachment 1, Proposal/Proposer Certification Sheet. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

l) A proposer may modify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline as set forth in the Key Action Dates. Proposal modifications offered in any other manner, oral or written, will not be considered.

m) A proposer may withdraw its proposal by submitting a written withdrawal request to Cal Expo, signed by the proposer or an authorized agent. A proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

mailto:Contracts@calexpo.com

n) Cal Expo may modify the RFP prior to the date fixed for submission of proposals by the issuance of an addendum to all parties who received a proposal package.

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

p) Before submitting a response to this solicitation, proposers should review, correct all errors and confirm compliance with the RFP requirements.

q) Where applicable, proposer should carefully examine work sites and specifications. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

r) More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered.

s) 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.

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

4. Evaluation Process

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

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

c) Award, if made, will be to the highest scored responsible proposal.

d) 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 qualifications and demonstrated experience in providing services described in this

RFP

• Firm’s experience: 20 possible points

• Staff assigned experience: 20 possible points

Equipment owned by proposer to be used to fulfill the services requirements 30

Financial Proposal

TOTAL POSSIBLE POINTS 100

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).

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

6. Disposition of Proposals

a) 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. Agreement Execution and Performance

a) Performance shall start not later than the express date set by 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, the awarding agency, 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 proposal price and the actual cost of performing work by another contractor.

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

D. Required Attachments

A complete proposal package will consist of the items identified in paragraph B.2, Required Proposal Content.

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. The proposal must be transmitted in a sealed envelope in accordance with RFP instructions.

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

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. 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, 3 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: _________________________________________________

Proposer agrees to furnish all labor, materials, tools and equipment necessary to accomplish the work in accordance with the specifications herein for amounts as follows. Enter cost proposal amount below for each event for each year of this agreement.

Upon signing this Cost Sheet, proposer certifies that all equipment required to fulfill the needs of this agreement is owned by the proposer.

Provide a cost proposal for the following staffing:

Cost per Hour

One (1) EMT per hour

One (1) EMT/P per hour

One (1) BLS Ambulance per hour

One (1) ALS Ambulance per hour

One (1) EMT/P Ambulance Supervisor per hour

NOTE: Lowest cost will be determined using the Total Cost Proposal for All 4 Years above.

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

ATTACHMENT 5

General Contract Provisions

General Terms and Conditions (GTC 04/2017)

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 shall furnish Cal Expo a certified copy of the policy within ten (10) days upon request.

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.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

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. 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, 1600 Exposition Boulevard, Sacramento, CA 95815, 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. 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, hereby incorporated by reference and made a part of this RFP. By https://adata.org/guide/planning-guide-making-temporary-events-accessible-people-disabilities https://adata.org/guide/planning-guide-making-temporary-events-accessible-people-disabilities submitting a proposal, Contractor is acknowledging review of the above noted pdf guide.

5. 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.

6. 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.

7. 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.