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HomeMy WebLinkAbout21st District Agricultural Association The Big Fresno Fair-Moble Roundup_D-25-165.pdf Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D D—2 5—1 6 5 21" District Agricultural Association Agreement#:2880 FA � INTERIM RENTAL AGREEMENT Date: 3/4/2025 THIS RENTAL AGREEMENT ("Agreement") is by and between the 215t District Agricultural Association, ("Association"),commonly known as The Big Fresno Fair("Fairgrounds"), and County of Fresno ("Renter"). Association and Renter may be collectively referred to as the"Parties." WITNESSETH: 1. THAT WHEREAS, the Renter desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises beginning on 3/17/2025 and ending on 3/28/2025. 2. NOW, THEREFORE, Association hereby grants to the Renter the right to occupy the space(s) described in location below for the purposes hereinafter set forth subject to the terms and conditions of this agreement. 3. The purposes of occupancy shall be limited to: Mobile Round Up 2025 and shall be for no other purpose(s) whatsoever. 4. Renter agrees to pay to Association for the rights and privileges hereby granted the amounts and in the manner set forth below. Line Description Date Start End Hrs Qty Price Amount 1 Insurance Own 3/17/2025 1 $0.00 $0.00 2 Junior Exhibits Parking Lot Week 1 3/17/2025 5 $200.00 $1,000.00 3 Junior Exhibits Parking Lot Week 2 3/24/2025 5 $200.00 $1,000.00 Total: $2,000.00 5. Payments are to be made according to the following payment schedule: Due Date Description Amount 4/15/2025 General Prepayment-Interim Event $2,000.00 6. The Association may retain from the deposit any amount necessary to remedy Renter defaults in the payment of rent, repair of damage(s) to the Premises caused by Renter, or to clean the Premises upon Renter move-out if not left in the same condition in which Renter took possession. Deposit is not applied towards rental fee and is nontransferable/nonrefundable if event is cancelled. Failure to pay deposit or balance by due date will result in cancellation of event. The deposit amount or balance, if any, and an itemized list of any deductions shall be returned to Renter no later than thirty(30) days after the end of the event. 7. Association shall have the right to audit and monitor any and all sales as well as access to the Premises. 8. Renter shall defend, indemnify and save harmless Association and State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Renter may be liable under any Workers' Compensation Law and Renter him/herself and from loss, damage, cause of action, claims or suits for damages, including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Renter of the privileges herein granted. 9. Renter acknowledges that the Association's Fairgrounds may be required at any time with limited advance notice,for the purpose of responding to an emergency declared by local, state, and/or federal governments.Association shall not be liable for any interference of Renter's use or possession of the Premises or loss to or expenses incurred by the Renter or its subcontractors or patrons that may result for such emergency use of the Premises. Pagel Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D 10. Renter further agrees to not sell, exchange or barter, or permit its employees to sell, exchange or barter, any licenses or permits issued to Renter or its employees. 11. No Renter will be allowed to open until all the preliminary requirements herein set forth have been complied with. 12. It is mutually agreed that this Agreement or the privileges granted herein, or any part thereof, cannot be assigned or otherwise transferred or disposed of without the written consent of Association. Subleasing of the Premises is prohibited. 13. It is mutually understood and agreed that no alteration of variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto. 14. Renter agrees to provide complimentary tickets for Board of Directors and staff upon request by Association. 15. Renter will conduct business in a quiet and orderly manner; will deposit all rubbish, slop,garbage, tin cans, paper, etc., in receptacles provided by the Association within Premises for such purpose and will keep the area within and surrounding Premises free from all rubbish and debris. 16. Upon request, Renter will furnish Association with a list of all sales prices and other charges of any kind whatsoever to be charged by the Renter. If Renter is an eating concession and not restricted to specific items, Renter shall submit menus and prices to Association for approval at least twelve (12) hours in advance of each day's operation. Upon request, Renter must furnish to Association receipts for license fees, tax deposits, insurance, etc., prior to event. 17. Renter will conduct the privileges granted in this Agreement according to all the rules and requirements of applicable state and local health authorities, and without infringement upon the right and privileges of others; will not handle or sell any commodities or transact any business whatsoever for which an exclusive privilege is sold by Association, nor engage in any other business whatsoever upon or within Premises or Fairgrounds, except that which is herein expressly stipulated and contracted for;will confine said transactions to the Premises and privileges provided in this Agreement, and that any and all exclusives granted Renter shall not include the carnival and the carnival area. 18. All sound-producing devices used by Renter within the Premises must be of such a nature and must be so operated as not to cause annoyance or inconvenience to patrons or to other concessionaires or exhibitors. The decision of Association as to the desirability of any such sound- producing device shall be final and conclusive.Sound-amplification equipment may be installed only by first obtaining written permission from Association. 19. Renter agrees that there will be no games,gambling or any other activities in which money is used as a prize or premium, and that Renter shall not buy and/or permit"buy backs"for cash, any prizes or premiums given away to patrons. Only straight merchandising methods shall be used and all methods of operations, demonstration and sale, shall be subject to the approval of the Association and the local law enforcement officials. 20. Renter is entirely responsible for the Premises and agrees to reimburse Association for any damage to the real property,equipment, or grounds used in connection with the Premises, reasonable wear and tear excepted. Renter agrees to inspect the conditions of the Premises and of all property it will use on the Premises, including but not limited to equipment,furniture or other personal property owned by Association, and to be entirely responsible for the use of the Premises and such property. 21. Association may provide watchman service, which will provide for reasonable protection of the property of Renters, but Association shall not be responsible for loss or damage to the property of Renter. 22. Each and every article and all boxes, crates, packing material, and debris of whatsoever nature must be removed from the Premises by Renter, at Renter's own expense, upon expiration or earlier termination of this Agreement. 23. No Renter will be permitted sell or dispose of anywhere on the Premises alcoholic beverages as defined in the Alcoholic Beverage Control Act. Any sale of alcoholic beverages on the Premises must be by Page 2 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Pardini's Fairventures. Renter must contact Pardini's Fairventures to contract goods and services to be provided for event. 24. All safety orders of the Division of Industrial Safety, Department of Industrial relations must be strictly observed. 25. Failure of Association to insist in any one or more instances upon the observance and/or performance of any of the terms and conditions of this Agreement shall not constitute a waiver of any subsequent breach of any such term and condition. 26. This Agreement shall be subject to termination by either party at any time prior to or during the term hereof by giving the other party notice in writing at least 30 days prior to the date when such termination shall become effective. Such termination shall relieve the Association of any further performances of the terms of this agreement. 27. The Association shall have the privilege of inspecting the Premises covered by this agreement at any time or all times. Association shall have the right to retain a code to the Premises and may enter with at least 24-hour written notice to Renter. 28. Renter recognizes and understands that this rental may create a possessory interest subject to property taxation and that Renter may be subject to the payment of property taxes levied on such interest. 29. The Parties hereto agree that Renter, and any agents and employees of Renter, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of Association. 30. Time is of the essence of each and all the provisions of this agreement, and the provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators,successors, and assigns of the respective parties hereto. 31. Security will be arranged by Association, use of outside services is not permitted. Number of security guards required is at the discretion of Association and will be based on event type, hours and attendance. 32. Event plans are to be submitted thirty(30) days prior to the event taking place. Plans will be approved at the discretion of Association. Such plans should include, but not limited to, event layout, fire lanes, anticipated attendance, event staff, etc. Failure to submit plans may result in cancellation of event. 33. All temporary tents or enclosures erected by Renter shall have the prior written approval of Association and Office of the State Fire Marshal. Renter agrees to abide by all rules and regulations stated in California Code of Regulations,Title 19 and attached Exhibits C, D and E. Renter shall not affix any fixtures to the Premises without the written preapproval of the Association and if the removal of the fixture may be affected without injury to the Premises. 34. Per SEC. 12-1808 and SEC. 12-1810 of the City of Fresno—City Ordinance, it is not permissible to post signs and/or posters on public street and light posts. If a Renter elects to not abide by the City Ordinance, they are responsible for removing any and all signs immediately following the event. Failure to abide by the City Ordinance or be responsible for removing signs and/or posters may result in Association electing to no longer allow the Renter use of the facility.The Renter may also incur additional costs should Association be fined by the City of Fresno 35. No drones are allowed at events without prior written approval from Association. 36. In the event Renter fails to comply in any respect with the terms of this Agreement, Exhibit A (Standard Contract Terms and Conditions), Exhibit A-1 (Addendum to Interim Rental Agreement), Exhibit B (CFSA Insurance Requirements), Exhibit C (OSFM Special Events), Exhibit D (OSFM Energized Equipment) and Exhibit E referred to herein, all payments under this Agreement shall be deemed earned and nonrefundable by Association and Association shall have the right to occupy the Premises in any manner deemed for the best interests of Association. 37. The attached Exhibits hereof are made a part of this agreement as though fully incorporated herein, and Renter agrees that her/she has read this agreement and the said Exhibits and understands they shall apply, unless amended by mutual consent in writing of the Parties hereto. 38. Force Majeure: Except for defaults of any subcontractors, neither party shall be responsible for any delay in or failure of performance from acts beyond the control of the offending party. Such acts shall Page 3 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D include, but shall not be limited to, acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule. 39. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and the Department of General Services. c/o Ed Hill, Interim Department Head/CIO, COO Event: Mobile Round Up 2025 Work: Date: 3/17/2025 Mobile: Occupy: 3/17/2025 Vacate: 3/29/2025 Email: 4:00 PM 11:59PM Web: Hours:8:00 AM -5:00 PM Entry Gate:7 IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the date shown below. The signatories repre- sent and warrant that they were duly authorized by their authorized by their respective governing bodies to execute this Agreement and the Parties hereby agree to all the terms and conditions set forth in the Agreement. 21st District Agricultural Association County of Fresno Christina Estrada, CEO Edward Hill, COO, Interim Director of Internal Services/CIO 1121 S. Chance Avenue P O Box 11800 Fresno, CA 93702 Fresno, CA 93775 DocuSigned by: � Digitally signed by Edward Hill r,I�,V shvA. -eSL"aJ& 4/25/2025 Edward Hill Date.2025.04.0113:24:07 -07'00' 87402 Signature Date Signature Date Page 4 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit A STANDARD CONTRACT TERMS AND CONDITIONS 1. National Labor Relations Board (PCC Section 10296) Contractor, by signing this contract, does swear under penalty of perjury that no more than on final un-appealable finding of contempt of court by a Federal Court has been issued against contractor within the immediately preceding two-year period because of the contractor's failure to comply with an order of a Federal Court which orders the contractor to comply with an order of National Labor Relations Board (Public Contract Code Section 10296). 2. Resolution of Contract Disputes(PCC Section 10240.5.10381) If during the performance of this agreement, a dispute arises between contractor and Fair Management, which cannot be settled by discussion, the contractor shall submit a written statement regarding the dispute to Fair Management. A decision by Fair Management shall be made to the Contractor in writing, and shall be final and con elusive. Contractor shall continue to perform contract requirements without interruption during the dispute period. 3. Non-Discrimination Clause/Statement of Compliance(GC 12990/CCR 8103-8120) During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color,ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status,and denial of family care leave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractors and subcontractors shall comply with the provision of the Fair Employment and Housing Act (Gov. Code Section 12900, et seq.) and the applicable regulations promulgated there under(CA Code of Regulations,Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code Section 12990 (a-f), set forth in Ch. 5 of Div.4 of Title 2 of the CA Code of Regulations are incorporated into this contract by reference and made part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. Contractor by signing this contract hereby certifies, unless specifically exempted compliance with Gov. Code 12990(a -f) and CA Code of Regulations,Title 2, Div. 4 Ch.S in matters relating to reporting requirements and the development, implementation and maintenance of a Nondiscrimination Program. Prospective contractor agrees not to unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability(including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. 4. Amendment(GC 11010.5) Contract modification,when allowable, may be made by formal amendment only. 5. Assignment This Agreement is not assignable by the Contractor, either in whole or in part,without the consent of the State in the form of a formal written amendment. 6. Termination The fair reserves the right to terminate any contract, at any time, upon order of the Board of Directors by giving the contractor notice in writing at least 30 days prior to the date when such termination shall become effective. Such termination shall relieve the fair of any further payments, obligations, and/or performances required in the terms of the contract. 7. Governing Law This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 8. Conflict of Interest(PCC 10410, 10411, 10420) Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person Page 1 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit A rendering services or involved with the Agreement,the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): 1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): 1. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void (PCC 10420). 9. Contractor Name Change An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change,the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 10. Air or Water Pollution Violation MC 13301) Under the State laws,the Contractor shall not be; (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2)subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or(3)finally determined to be in violation of provisions of federal law relating to air or water pollution. Page 2 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit A-1 ADDENDUM TO INTERIM RENTAL AGREEMENT, FORM F-31 Labor Any labor required to be performed by the Fair will be charged to Licensee @ $50.00/hr. per man. All items remaining on the premises following event will be discarded the following morning unless prior arrangements have been made. Cleanup is not included in rental. Licensee is responsible for all damages. Costs Actual costs may vary due to additional equipment, labor, damages and/or unanticipated costs. Food & Beverage The Big Fresno Fair reserves the right to all food and beverage concessions. Novelty/Concession Items The sale of novelty items will not be permitted without prior approval of Fair Management. The Fresno Fair will receive 24% of gross sales after state sales tax on all novelty items (hats, t-shirts, buttons, etc.). Licensee must provide means for concession audit. Cash registers must be used in lieu of cash. Failure to comply with Fair regulations may result in loss of concession privileges at future events. Security Security coverage must be arranged through the Fair. Liability Insurance Anyone renting Fairground facilities must have proof of insurance, with Combined Single (CSL) coverage of not less than$1,000,000 per occurrence for low hazard events. Insurance Requirements issued by California Fairs Services Authority ("CFSA") outlining required coverage's limits and information to be included on the certificate of insurance is attached and made a part of this agreement. Certificate of insurance must be submitted to Fair Office forty-five (45) days prior to your event. If certificate is not received by Fair Office and/or does not meet all requirements, Licensee will be required to purchase insurance through CFSA. If you are interested in obtaining this insurance,please contact the Fair Office for details. Compliance Licensee agrees to comply/adhere to all city, county, state and Federal rules, regulations and permits. Key Deposit(Optional) An additional $30 cash deposit is required for each key issued. All keys must be returned to Fair Office no later than Tuesday following event or deposit will be forfeited. Parking Fair reserves the right to charge for parking Reservation of Dates If you wish to reserve dates for the next year,please submit your request in writing within seven(7) days of your event and it will be presented to the Board for approval. A $500 deposit per building day is required within 30 days following Board approval. This deposit is non-refundable should you decide to cancel. If the required deposit is not received, the dates will no longer be held for you. Page 1 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D California Fair Services Authority Exhibit B INSURANCE REQUIREMENTS I. Evidence of Coverage The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter "contract") protecting the legal liability of the State of California, the California Fair Services Authority, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by: A. Insurance Certificate -The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following: 1. List as the Additional Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned." 2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates. 3. Coverages: Exhibit B a. General Liability- Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form#CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to,the following: $5,000,000 per occurrence for Carnival Rides and for Freefall Attractions (elevated jumps involving airbags); $5,000,000 per occurrence for the following types of Motorized Events: automobile races, drifting exhibitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows,figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini-stock, dwarf cars, micro lights, enduro, pro stock; $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events and for Swap Meets/Flea Markets held two or more times per calendar year; $2,000,000 per occurrence for the following Motorized events: car jumping contests/demonstrations of hydraulic modifications to automobiles; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Page 1 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types that require a DOSH permit to operate, and Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required. The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter's activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of Insurance. If there is a self-insured retention or deductible in the contractor/renter's coverage equal to or in excess of$100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter's policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information. b. Automobile Liability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds. c. Workers' Compensation - Workers' Compensation coverage shall be maintained covering contractor/renter's employees, as required by law. d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services. e. Liquor Liability- Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages. 4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions. 5. Certificate Holder: • For Individual Events Only- Fair, along with fair's address, is listed as the certificate holder. • For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder. 6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance. 7. Insured: The contractor/renter must be specifically listed as the Insured. OR Exhibit B B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority(CFSA) Special Events Program, when applicable. Page 2 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D OR C. Master Certificates-A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority(CFSA). OR D. Self-Insurance -The contractor/renter is self-insured and acceptable evidence of self- insurance has been approved by California Fair Services Authority(CFSA). II. General Provisions 1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability,workers'compensation,medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at anytime or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided,the fair may, in addition to anyother remedies it mayhave,takeanyof the following actions:(1) declarea material breach bycontractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect;and(3)obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract. 2. Primary Coverage - The contractor/renter's insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary. 3. Contractor's Responsibility- Nothing herein shall be construed as limiting in any way the extent to which contractor/renter maybe held responsible for damages resulting from contractor/renter's operations,acts,omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter's indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration,termination or assignment of this contract. 4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder,with said copycertified bythe underwriterto be a true and correct copyofthe original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority ExY�Sbit B III. Participant Waivers Page 3 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D 1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter's insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. 2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of liability agreement (Form required by contractor/renter's insurance company or CFSA Release and Waiver Form)from each participant prior to his/her participation in the events and provides a copy to the contractor/renter. 3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement. 4. Hazardous participant events include, but are not limited to, any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921-2213 for further information and for CFSA Release and Waiver Form. CFSA EVIDENCE OF COVERAGE AND ACKNOWLEDGEMENT FORM Page 4 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D COVERED SPECIAL ISSUED BY: EVENT OPERATOR: California Fair Services Authority As specified on the 1776 Tribute Road,Suite 100 Special Events Coverage Receipt Sacramento,CA 95815 DESCRIPTION OF OPERATIONS: SPECIAL EVENTS COVERAGE;LESSEES,CONCESSIONAIRES, EXHIBITORS AND OTHER SPECIAL EVENT OPERATORS. Coverages: The California Fair Services Authority pooled Special Events liability program will provide general liability coverages for special event users of facilities at designated fairgrounds. Coverage will be provided pursuant to Section 6516.5 of the California Government Code and applicable Special Events Program Memorandum of Coverage*. See Special Conditions/Restrictions below for explanation of coverage provided. THIS COVERAGE IS SECONDARY TO ANY OTHER TYPE OF INSURANCE THE COVERED SPECIAL EVENT OPERATOR MAY HAVE ACCESS TO INCLUDING HOMEOWNERS AND/OR BUSINESS INSURANCE. GENERAL LIABILITY • Limits are$1,000,000 Per Occurrence,inclusive X Commercial General Liability of defense costs. • Protection for liability from bodily injury, X Occurrence Form X Special Conditions as Noted Below property damage,personal and advertising injury and products provided under the Automobile risk is not covered hereunder. Memorandum* Stating the Terms and Damage to or loss of fair property is not Conditions of the Special Events Program covered hereunder. Administered by CFSA. COVERED SPECIAL EVENT OPERATORS-LESSEES,CONCESSIONAIRES,EXHIBITORS,OR OTHER SPECIAL EVENT OPERATORS,AS SPECIFIED ON THE SPECIAL EVENTS COVERAGE FORM ATTACHED. Additional Covered Entities and Individuals-The State of California,California Fair Services Authority,District Agricultural Associations,County Fair,County in which the County Fair is located,Lessor/Sublessor if fair site is leased/subleased,Citrus Fruit Fair,or California Exposition&State Fair,or Entities(public or non-profit)operating California Designated agricultural fairs,their respective directors,officers,agents,servants and employees;but only as respects the negligence and resulting liability emanating from operations performed at the facilities rented or leased to Covered Special Event Operator,as specified on the Special Events Coverage Receipt form attached. SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES: • The CFSA Special Events Program is a pooled liability program, operated pursuant to Government Code Section 6516.5 and applicable Memorandum of Coverage*. Section 6516.5 provides that the aggregate payments made under the Program cannot exceed the amount available in the pool. Therefore,the$1,000,000 per occurrence limit provided under the Program is the most that could be paid on a particular claim. Payments for liability losses for all program participants may not exceed the amount available in the pool. Thus, when the pool covers a participant's loss,the pool's available monies shrink by that amount. It is possible,therefore,that available funds at any given time might be less than the amount of a valid claim or claims. • Coverage applies hereunder for only the specific dates and operations as indicated on the Special Events Coverage Receipt form. • As to lessees, concessionaires, exhibitors or other special event operators only, coverage is excess over any other valid and collectible coverage. • Products coverage is limited solely to food and beverage concessionaires. • All matters regarding accidents or claims should be reported to the fair manager and California Fair Services Authority, Attention Claims Department, 1776 Tribute Road, Suite 100, Sacramento, California 95815, (916) 263-6171. *A copy of the applicable Special Events Program Memorandum of Coverage is available from the Fair or by contacting California Fair Services Authority, 916-263-6174. I,_Special Event Operator),have read and understand the above Evidence of Coverage. Special Event Operator Signature Date (Rev. June 2021) Page 5 Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit C State of California a. Fuel tank shall be no more than 1/4 filled and the gas cap shall be taped in place to deter removal. b. The battery or batteries shall be disconnected and the battery e. OFFICE OF THE STATE terminalsVehicles hall be in inspected electrical tap. C. Vehicles shall be inspected by SFM. 6. No open flame is allowed in any Fair Building. FIREMARSHAL 7. Bark dust or like material shall be kept moist at all times. 8. All carpet edges shall be securely taped in place. Carpeting shall only be used on the floor. 9. "NO SMOKING' signs shall be posted. Outside Smoking areas shall be provided with appropriate non-combustible containers for ashes. 10. A housekeeping program shall be maintained and adequate non- combustible trash receptacles shall be provided in all areas and all trash will be removed on a regular basis. BOOTH CONSTRUCTION/LOCATION: 1. Booths shall be located a minimum of 20 feet from any permanent structure.If conditions warrant,distance may be reduced as approved by �,• the SFM. 2. All fabric or pliable canopy covers,side/back drops and decorative material must be: a. Inherently fire resistive and labeled as such;or FIRE & LIFE SAFETY b. Treated by a SFM licensed applicator.If the booth is owner occupied, it may be treated by the owner with a SFM approved fire retardant DIVISION 3. Exit openings (empty can and dated sales receipt may serve as proof). shall be a minimum of 3 feet wide and 6 feet,8 inches in height. Special Events and/or DAA Fairs FIRE SAFETY TIPS: 1. Know where the fire extinguisher is located and how to use it. Sacramento Headquarters 2. Do not leave food cooking unattended. 2251 Harvard Suite 130 3. Do not wear loose-fitting clothing when cooking. 4. Keep combustibles away from heat sources. Sacramento, CA 95814 5. In case of emergency,dial 9-1-1. (916) 568-2957 ELECTRICAL: 6. Electrical extension cords shall be of the heavy-duty three-wire(grounded), Monrovia Regional Office hard-usage type. No two-wire extension wiring shall be allowed. All extension wiring shall be protected from physical damage and shall be 602 E. Huntington Drive, Suite A limited to 20 feet in length.This shall be temporary use. Monrovia, CA 91016 1. Electrical equipment and installation shall be inspected and approved by (626) 305-1908 a qualified person or concern acceptable to the SFM. (626) 305-5173 Fax LIVESTOCK/BARN AREAS: 1. Heat production appliances, such as space heaters, electric skillets, toasters,coffee makers,hot plates and any other appliances which may Web Site: http:Hosfm.fire.ca.gov be used for cooking purposes, shall not be permitted in the barn or livestock areas.Electrical devices in good repair and properly maintained GENERAL: and used in direct connection with the care of animals may be exempt Fire and life safety requirements shall be applicable to any exhibit space,booth, from the above. trailer or tent within the fairgrounds.This list is not meant to cover all possible 2. Smoking shall not be permitted within the barn, stable, or livestock situations and the Promoter or Fair is responsible for adhering to all applicable areas,or in exhibits using sawdust,hay or like materials on the floor. regulations. 3. The storage of flammable or combustible liquids or machines containing 1. Plans identifying the configuration of exhibit spaces shall be sub-mitted to such shall not be permitted inside any livestock areas. the SFM for review and approval 30 working days prior to the event.Plans 4. Fire hoses,fire extinguishers or other fire equipment shall only be used shall indicate the location and size of all exit doors and aisles,and shall show in case of an emergency. These devices shall not be blocked or exhibits both inside and outside of any building.Where seating is provided, obstructed at any time. the plan shall indicate the number of rows and seats between aisles.Final 5. The roads around the barns shall be kept clear so that fire apparatus may approval is subject to field inspections. be able to pass through at any time.Minimum width of these roads shall 2. SFM may enter any portion of any exhibit space/booth at any time for the be 20 feet. purpose of inspecting the premises for fire and life safety. 6. No vehicles shall be parked in any barn or livestock areas. 3. No display or exhibit shall be installed or operated that will interfere or block in any way with access to any exit or with the visibility of any exit sign. RV PARKING: Fire and life safety requirements shall apply to the use or No display shall block access to fire-fighting equipment, such as fire parking of recreational vehicles on undeveloped sites on the fairgrounds. extinguisher stations,fire alarm pull stations,fire hose cabinets and fire 1. Plans identifying the configuration of the site shall be submitted to SFM hydrants or access by fire suppression vehicles or equipment. for review and approval at least 30 days prior to site development. 4.The location of all hydrants,fire extinguishers,water barrels,etc.shall be 2. The site shall maintain an all-weather surface with adequate roads clearly marked in all areas. having 20 feet minimum width for fire department apparatus. 5.The exhibition of vehicles powered by internal combustion gasoline engines 3. A minimum of 30 feet of clearance shall be provided between the site inside buildings shall require the following: and any adjoining fair structure or surrounding property. Docusign Envelope ID:36AC04DA-69DO-4817-B853-5DE869OD853D Exhibit C 4. All combustible growth shall be cleared from the site and from the []Electrical extension cords shall be of the heavy-duty three-wire(grounded), property surrounding the site for a distance of at least 30 feet. hard-usage type. 5. Painted lines, fences, posts, ropes, etc. shall be used to designate []Electrical equipment and installation shall be inspected and approved by a roadways from vehicle parking areas. qualified person. FOOD SERVICES AREAS: Fire and life safety requirements shall be LIVESTOCK/BARN AREAS: applicable for all food services areas,including temporary concession stands []No space heaters,electric skillets,toasters,coffee makers,hot plates and any inside or outside of buildings and food concession trailers. other appliances. 1. The use,storage and handling of any flammable or combustible liquid []No storage of flammable or combustible liquids or machines. shall be subject to approval by SFM.Location of use and storage of any []Fire hoses,fire extinguishers or other fire equipment shall not be blocked or flammable or combustible liquid shall be noted on the plans prior to obstructed at any time. approval(see General Item#1) []The roads around the barns shall be kept clear so that fire apparatus may be 2. The use and storage of portable containers of Liquefied Petroleum Gas able to pass through at any time.Minimum width of these roads shall be 20 feet. (LPG)inside buildings or tents is subject to approval by SFM.Location of []No parking of any vehicles in any barn or livestock areas. use and storage of any portable container of LPG shall be noted on the RV PARKING: plans prior to approval (see General Item #1). All cylinders must be []The site shall maintain an all-weather surface with adequate roads having 20 secured to prevent tipping or falling over. feet minimum width for fire department apparatus. 3. Commercial cooking may be allowed only in approved locations with []A minimum of 30 feet of clearance shall be provided between the site and approved equipment.SFM Approval is required prior to use. any adjoining fair structure or surrounding property. 4. Cooking booths must be separated from non-cooking booths by 10 feet. []All combustible growth shall be cleared from the site and from the property 5. A California licensed company shall service all Automatic Fire surrounding the site for a distance of at least 30 feet. Extinguishing Systems (Hood System) every six months.The company performing the service shall either be licensed by the SFM and possess FOOD SERVICES AREAS: an Automatic Systems License,or possess a C-16 license issued by the []No use or storage of portable containers of Liquefied Petroleum Gas(LPG) California State Contractor's Licensing Board. inside buildings or tents. Fire Extinguishers: []All cylinders must be secured to prevent ripping or falling over. 1. Each booth shall be provided with a minimum 2A10BC rated []Cooking booths must be separated from non-cooking booths by 10 feet. portable fire extinguisher. [ ] All Automatic Fire Extinguishing Systems (Hood System) have been 2. Each booth with deep fat fryer shall have a Class K portable fire serviced within the last six months. extinguisher. Fire Extinguishers: 3. All portable fire extinguishers must be serviced by a SFM licensed []Each booth shall be provided with a minimum 2AIOBC rated portable fire extinguisher. company annually,with a service tag attached. [ ] Each booth with deep fat fryer shall have a Class K portable fire Deep fat or flamb6 type cooking operations may require additional and/or extinguisher. larger units, as per the SFM. Fire extinguishers shall conform to the []All portable fire extinguishers have been serviced by a SFM licensed following: company annually with a service tag attached. a. The fire extinguisher must be mounted or secured so []The fire extinguisher must be mounted or secured so that it will not fall that it will not fall over. over. b. It must be visible and accessible and away from cooking []All fire extinguishers must be visible and accessible. area. Deep Fat Fry/flambe Cooking: Deep Fat Fry/flambe Cooking: Deep fat Frying or flambe cooking ] Deep fat Frying or flambe cooking operations shall be located in a operations shall be located in a separate enclosure where only cooking separate enclosure where only cooking operations are performed. Wood operations are performed. Such enclosures shall conform to booth Barbecue Cooking: construction requirements as previously outlined, but the top of the []No wood barbecue cooking inside of booths. enclosure shall be OPEN or,when required by the Health Department, [] Only wood barbecue cooking shall be performed in areas away from shall be provided with METAL SCREENING with a minimum height of public access. 7 feet. []No fuel wood shall be stored inside of booths. Wood Barbecue Cooking: []Metal containers shall be provided for hot coal and ashes. 1. Wood barbecue cooking is prohibited inside of booths. Charcoal Barbecue Cooking: 2. Wood barbecue cooking shall be performed only in areas away [ ] No charcoal barbecue cooking inside of booths or tents. from public access. []Only commercially sold charcoal fuel may be used. 3. Distances from wood barbecues to permanent structures or []Charcoal cooking shall be performed only in areas away from public festival booths shall be as approved by the SFM. access 4. Fuel wood shall not be stored inside of booths. []Charcoal cooking shall be located a minimum of 15 feet from any booth 5. Coals shall be disposed of only in metal containers that have been []Charcoal cooking is at least 20 feet from any permanent structure. designated for such use and approved by the SFM.Dumping coals in trash containers is prohibited! EXHIBIT HALLS: Charcoal Barbecue Cooking: []No open flame. 1. Charcoal barbecue cooking is prohibited inside of booths or tents. Exiting: 2. Only commercially sold charcoal fuel may be used. []Illuminated exit sign. 3. Charcoal cooking shall be performed only in areas away from public []No blocking obstruction of exit. []Doors shall not be locked or chained. access and shall be located a minimum of 15 feet from any booth []Aisle width shall be maintained according to approved site plan. with a minimum of 20 feet from any permanent structure. Fire equipment: []No blocking of fire hydrants. BOOTH CONSTRUCTION/LOCATION: []No blocking of fire extinguishers. Minimum of 20 feet from any permanent structure. [] No blocking of standpipe and fire hose cabinets. [ ]All fabric or pliable canopy covers,side/back drops and decorative material []No blocking of fire sprinkler systems. must be inherently fire resistive or treated. []No blocking of manual fire alarm pull stations. []Exit openings shall be a minimum of 3 feet wide and 6 feet 8 inches in height. []No blocking of fire alarm audible/visual devices such as horns or strobes. []No blocking of first aide equipment. ELECTRICAL: Vehicle Static Display Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit C []Battery terminals disconnected. [ ] Fuel tank shall be no more than 1/4 filled. []Locked or taped gas cap. Decorative Materials []Shall be inherently flame resistive or treated. I have reviewed and verified this check list that all applicable items listed above are in compliance. Signature Host Vendor Exhibitor Title(circle one) Date Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit D State of California . Extension cords must be grounded. • Extension cords shall be not less than rated capacity of the portable appliance supplied e cord. OFFICE OF THE STATE conn • Extension cords shall not be connected in series. FIREMARSHAL Damage Protection • Extension cords and flexible cords shall not be affixed to structures,extended through walls,ceilings or floors,or under doors or floor coverings,nor shall such cords be subject to environmental damage or physical impact. • FIRE & LIFE SAFETY DIVISION Energized Equipment Informational Guide Sacramento Headquarters 2251 Harvard, Suite 130 • Extension cords shall be used only with portable appliances,not intended as permanent wiring. Sacramento, CA 95814 • GFI protection is needed in wet conditions. (916) 568-2957 Relocatable Power Tans Monrovia Regional Office . The ampacity of the extension cords shall be not less than the 602 E. Huntington Drive, Suite A rated capacity of the portable appliance sup-plied by the cord. Monrovia, CA 91016 (626) 305-1908 (626) 305-5173 Fax Web Site: http://osfm.fire.ca.izov These are common corrections regarding energized equipment.This list is not intended as an inclusive representation of all requirements. Time • Extension cords are allowed for less than 90 days. • Multi-plug adapters,such as cube adapters,unfused plug strips or Not a substitute for permanent wiring. any other device shall be prohibited. General• All identified electrical hazards shall be abated or corrected immediately. • Electrical wiring,devices,appliances and other equipment that is modified or damaged and constitutes and electrical shock or fire • hazard shall not be used. ��_,7JT .� • Light weight non grounded extension cords are not acceptable. • Daisy chaining is unacceptable. Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit D Housekeeping and Miscellaneous • Not intended to be used in series with other relocatable power • Storage of combustible rubbish shall not produce conditions that taps or into extensions cords. will create a nuisance or a hazard to the public health,safety or welfare. • No combustible materials shall be placed or stored within 10 feet of any building or structure. • Do not block exits or exit pathways. • Provide guards or barriers if potential damage to electrical cords. • Appliances shall be plugged directly into a permanent receptacle. • Portable electric space heaters shall be UL listed,with tip switch, and be plugged directly into a permanent receptacle • Posts,fences,vehicles,trash,storage or other materials shall not • Relocatable power taps shall be directly connected to a be placed or kept near fire hydrants in a manner that would permanently installed receptacle. prevent such hydrants from being immediately discernible. • Relocatable power taps shall be of the polarized or grounded type,equipped with overcurrent protection,and shall be listed in accordance with UL 1363. • Open junction boxes and open-wiring splices shall be prohibited. Approved covers shall be provided for all switch and electrical outlet boxes. • A minimum 36"working clearance shall be maintained at Circuit Breaker Panels. Generators I have reviewed and verified this check list that all applicable items listed above are in compliance. • Generators and other internal combustion power sources shall be separated from tents and permanent structure by a minimum of 20 feet and shall be isolated from contact with the public by fencing,enclosure or other approved means. Signature Host Vendor Exhibitor Title(circle one) Date I • All generators shall be grounded and secured. • At least on Class 2A-10BC fire extinguisher shall be provided with each generator or transformer. • Flammable-liquid-fueled equipment shall not be used in tents. • Storage of flammable and combustible liquids shall be stored outside in an approved manner and not less than 50 feet from tents. • Refueling shall be performed in an approved location and not less than 20 feet from tents Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E DEPARTMENT OF FORESTRY AND FIRE PROTECTION OFFICE OF THE STATE FIRE MARSHAL Fire and Life Safety Division 2251 Harvard Street, Suite 130 SACRAMENTO. CA 95815 Purpos: (916) 568-2960 Website:www.osfm.fire.ca.gov The purpose of this document is to provide the festivities coordinator, owner, lessee and the vendors the necessary information to ensure that tents used are in conformance with California State law. Scope: 2016 CFC 3101 Tents,temporary stage canopies and membrane structures shall comply with this chapter.The provisions of Section 3103 are applicable only to temporary tents and membrane structures.The provisions of Section 3104 are applicable to temporary and permanent tents and membrane structures. Other temporary structures shall comply with the California Building Code. These building standards govern the use of tents, awnings or other fabric enclosures, including membrane (air-supported and air-inflated) structures and places of assemblage, in or under which 10 or more persons may gather for any lawful purpose. California Code of Regulations,Title 19, Division 1, 303. (a) and (b) (a) The provisions of California Code of Regulations,Title 19, Division 1, Chapter 2 apply to the sale, offering for sale, manufacture for sale, rental and use of tens within thisstate. (b) For building standards relating to tents and membrane structures, see California Codeof Regulations,Title 24, Part 9. Approval Required: 2016 CFC 105.7.16& 3103.2 A permit is required to use tents for places of assembly, ceremony,fairs and carnivals,worship, cooking, display of vehicles or equipment, competition, or the like. Exception:A tent permit is not required for funeral services. Tents,with or without sides, having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. Use Period: 2016 CFC 3103.5 Tents shall not be erected for a period of more than 180 days within a 12-month period on a single premise. Construction Documents: 2016 CFC 3103.6&CBC 107.2.5 A detailed site and floor plan for tents or membrane structures with an occupant load of 50 or more shall be provided with each application for approval.The tent or membrane structure floor plan shall indicate details of the means of egress facilities, seating capacity, arrangement of the seating and location and type of heating and electrical equipment. Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E Stage Canopies Documents: 2016 CFC 3105.2 Temporary stage canopies in excess of 40 square feet shall not be erected, operated or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. Required Documents: 2016 CFC 3103.5 Construction documents shall be prepared in accordance with CBC by a registered design professional and include: 1) A summary sheet showing the building code used, design criteria, loads and support relations. 2) Detailed construction and installation drawings. 3) Design calculations. 4) Operating limits of the structure explicitly outlined by the registered design professional including environmental conditions and physical forces. 5) Effects of additive elements such as video walls,supported scenery, audio equipment,vertical and horizontal coverings. 6) Means for adequate stability including specific requirements for guying g and cross-bracing, ground anchors or ballast for different ground conditions. Designation of responsible part: The owner of the temporary stage canopy shall designate in writing a person to have responsibility for the temporary stage canopy on site.The designated person shall have sufficient knowledge of the construction documents, Manufacturer's recommendations and operations plan to make judgements regarding the structure's safety and coordinate with the fire code official. Operations plan:The operations plan shall reflect manufacturer's operation guidelines, procedures for environmental monitoring and action to be taken under specified conditions consistent with the construction documents. Independent Inspector: 2016 CFC 3103.6.1 The owner of a temporary stage canopy shall employ a qualified, independent approved agency or individual to inspect the installation of a temporary stage canopy. Inspection Procedure: 2016 CFC 3103.7 The State Fire Marshal's Office will conduct an inspection to determine compliance with these requirements. In the event fire and life safety violations are found, the responsible person will be given one opportunity for compliance. Failure to adhere to these requirements may result in closure of the respective operation. It shall be the responsibility of the promoter to insure vendors are aware of these regulations. Location &Access: 2016 CFC 3103.8 Access. Fire apparatus access roads shall be provided in accordance with Section 503. Location.Tents or membrane structures shall not be located within 20 feet of lot lines, buildings, other tents or membrane structures, parked vehicles or internal combustion engines. For the purpose of Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure or tent. [CCR, Title 19, Division 1, §312] Vehicles necessary to the operation of the establishment shall be parked at least 20 feet from any tent. No other vehicle shall be parked less than 100 feet from any tent except vehicles parked on a public street shall park at least 20 feet from any tent. Required Anchorage: 2016 CFC 3103.9 Tents or membrane structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official on request. Fabric Certification and Labeling for LARGE Tents: CCR,Title 19, Division 1 Before a permit is granted,the owner or agent shall file with the fire department a Certificate of Flame Resistance issued by a State Fire Marshal approved testing laboratory or by a State Fire Marshal approved applicator of a State Fire Marshal approved flame retardant chemical or by a State Fire Marshal approved manufacturer certifying that the tent(s) and their appurtenances; sidewalls, drops, tarpaulins, floor coverings, bunting and combustible decorative materials and effects, including hay and sawdust when used on floors, has been treated in an approved manner or is made of State Fire Marshal approved and listed inherently flame resistant fabric and that the flame retardant treatment is effective for the use period specified by the permit.Tent tops and sidewalls shall have a permanently affixed label by a California State Fire Marshal licensed applicator or manufacturer bearing the following information: 1) The Seal of Registration 2) If treated fabric,the name and registration number of the approved application concern and approved chemical used, and the date of treatment. 3) If registered fabric,the trade name and registration number of the approved fabric, andthe date of production. Label: 2016 CFC 3104.3 Tents shall have a permanently affixed label bearing the identification of size and fabric or material type. Required Labels: G1eJr 1-�� Certificate of Flame Resistance WARNING f CAL "Nde�..R 16 pt.type KEEP ALL FLAME h P ;- • M •^ �• AND HEAT SOURCES A WA Y FROM THIS TENT FABRIC 12 pi-type This tent is made with f lame-resis- Cq FFIRE MPS S u 4.rwrwsrM+ •wMMrMtldWw MQ •.. ..d«.....r„.._....w.____— tantf abrie which meets CPAI-84 F R ET P� TheRameRewdmnl►oomusod BeReee odBywYad%rq specifications.It is not fire proof. w The fabric will burn if left in con- F-96601 tinuous contact with any flame source. The application of any foreign sub- stance to the tent fabric may render the flame resistant properties ineffective. Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E Required Certificate Fabric Certification and Labeling for SMALL Tents: CCR,Title 19, Division 1 Small tents shall have a permanently affixed label bearing the following information as specified in CPAI-84. 1) Certification-A statement that the materials used in the manufacture of the item meet the flame resistance requirements of CPAI-84. 2) Manufacturer Identification. 3) Warning label stating the following: Warning, Keep all flame and heat sources away from this tent fabric.This tent is made with flame resistant fabric which meets CPAI-84 specifications. It is not fireproof.The fabric will burn if left in continuous contact with any flame source.The application of any foreign substance to the tent fabric may render the flame resistant properties ineffective. Combustible Materials for Assembly Occupancies: CCR Title 19, Division 1 No person shall use or display any combustible decorations such as hay, straw, shavings, dry vegetation, large dimensions of fabric,for example curtains,tablecloths and other decorations or visual effects, or any other hazard, without first treating said material with a State Fire Marshal approved fire retardant chemical. All treated material shall have proof of treatment affixed to it in accordance with the State Fire Marshal's regulations.A 3"x 3" sample of the decorative fabric shall be submitted for acceptance, at least 72 hours in advanced, and accompanied by a Certificate of Flame Resistance. Exception: Materials necessary for the daily feeding and care of animals. Fire Protection:CCR,Title 19, Division 1, 2016 CFC 3104.12 Portable fire extinguishers shall be located in conspicuous locations where they will be readily accessible and immediately available for use along normal paths of travel. Portable fire extinguishers shall not be obstructed or obscured from view and shall be provided with a locating sign when deemed necessary by the authority having jurisdiction. 1) One Class 2A-10BC fire extinguisher shall be provided in every tent having a floor area between 500 square feet and 1000 square feet. One additional fire extinguisher shall be provided for each additional 2000 square feet or fraction thereof or at the discretion of the authority having jurisdiction. [Title 19] 2) Tents having a capacity of 1000 or more persons shall be protected on each of the long sides with fire hose lines of at least 1%inch internal diameter and of sufficient length to reach either end of the tent. The water supply shall be either from the public water mains or from tanks having a capacity of not less than 500 gallons.There shall be at least 65 pounds of flowing pressure at the nozzle of the hose line when a% inch tip is used. [Title 19] 3) Any booth or tent using combustible or flammable liquids must have a U.L. listed fire extinguisher with a rating of not less than 2A:10B:C, be fully charged, bearing the California State Fire Marshal label and be placed in an accessible location near the exit of the structure. [Title 19, 2013 CFC] 4) Every tent which prepares or serves heated food shall be equipped with a 2A:10B:C fire extinguisher bearing a current California State Fire Marshal service tag, and be fully charged, and placed in an accessible location near the exit of the structure. Or a new fire extinguisher, minimum five (5) pounds,with the sales receipt taped to the side of it for Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E visual inspection. [Title 19,AHJ] 5) At least one Class 1013C fire extinguisher shall be provided with each generator or transformer. [Title 19] Fire Protection for Cooking: CCR,Title 19, Division 1 A K-rated fire extinguisher shall be provided for all cooking applications utilizing grease or combustible cooking media. (vegetable or animal oils or fats) Fire Safety Personnel: CCR,Title 19, Division 1 The owners or operators of any tent used as a place of assemblage shall provide at least one qualified fire safety person in every tent having a capacity of 500 persons and one additional qualified person for each 1,000 additional persons or fraction thereof. Such persons shall be on duty in the tent at all times when the tent is open to the public. They shall be proficient in the handling of fire extinguishers and equipment and shall be familiar with the fire and panic safety regulations.The individual designated under this section shall meet the approval of the fire authority having jurisdiction. Standby Personnel: 2016 CFC 3104.20-3104.20.1 When in the opinion of the fire code official, it is essential for public safety in a tent due to the use or the nature of the activity the owner, agent or lessee shall employee one or more qualified persons as required and approved to remain on duty during the times such places are open to the public and or activities are being conducted. Standby personnel shall keep diligent watch for fires and take prompt measures for extinguishment, assist in evacuation, and call 9-1-1. Crowd Managers: 2016 CFC 3104.20.2 There shall be trained crowd managers or crowd managers/supervisors at a ratio of one crowd manager/supervisor for every 250 occupants. Abatement of Fire and Panic Hazards:CCR,Title 19, Division 1 Any condition that presents a fire hazard, would contribute to the rapid spread of fire, interfere with the rapid exit of persons from the tents, or interfere with or delay the extinguishment of a fire, shall be immediately corrected as ordered by the enforcing authority. Housekeeping and Combustible Vegetation: 2016 CFC 3104-21 The areas within and adjacent to the tent shall be maintained clear of all combustible materials and vegetation that could create a fire hazard within 30 feet. Combustible trash shall be removed at least once per day during the period that the tent is occupied by the public.The accumulation of combustible trash in the form of papers, boxes, etc.,when stored next to open flame or hot cooking devices present a tremendous fire hazard. Hot oil can ignite other items and can cause serious and/or lethal burns. Use common sense and pay attention! Do not block your exits-always leave a clear and open path to the outside when you are working in a portable structure. Weed Abatement and Vegetation Removal:CCR,Title 19, Division 1 Vegetation,weeds, hay, straw trash,flammable materials and the like, shall be removed and stored a minimum of 50 feet from a tent. Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E Combustible Waste Material:2016 CFC 3104.22 The floor surface inside tents and the grounds outside and within 30 feet in perimeter shall be kept free of combustible waste and other combustible materials that could create a fire hazard. Clearance:2016 CFC 3104.11 There shall be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside membrane structures. Smoking: CCR,Title 19, Division 1 & 2016 CFC 3104.6 Smoking shall not be permitted in tents or in any areas adjacent to where hay or other highly flammable materials are kept. Approved NO SMOKING signs shall be conspicuously posted in all tents open to the public and wherever otherwise specified by the enforcing authority. Open Flames: 2016 CFC 3104.7&CCR Title 19, Division 1 Open flame or other devices (candles,torches, and the like) emitting flame,fire or heat, lanterns or any flammable or combustible liquid,gas, charcoal or other cooking device, shall not be permitted inside or located within 20 feet of a tent unless approved by the fire code official. Fireworks: 2016 CFC 3104.8&CCR Title 19, Division 1 Fireworks shall not be used within 100 feet of tents or membrane structures. Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E Heating and Cooking Equipment: 2016 CFC 3104.7, 3104.15 &AHJ 1) Electrical heating and cooking equipment shall comply with the California Electrical Code. 2) Open flame or other devices emitting flame,fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet of the tent while open to the public unless approved by the fire code official. 3) Heating and cooking equipment shall not be located within 10 feet of exits or combustible materials. 4) Tents with sidewalls or drops where cooking is performed shall be separated from other tents by a minimum of 20 feet. 5) Outdoor cooking that produces sparks or grease laden vapors shall not be performed within 20 feet of a tent. 6) Solid flammables, butane or other similar devices which do not pose an ignition hazard shall be approved for cooking demonstrations and warming of food. Solid fuel cooking shall be isolated from contact with the public by physical guards,fencing, or enclosure. 7) Electrical heating and cooking equipment shall be approved by the fire codeofficial. 8) All commercial cooking equipment located inside of a trailer or fully enclosed constructed booth made of permanent materials shall be provided with an approved automatic fire extinguishing system which is U.L. 300 compliant, bearing an approved service label as certified by the Office of the State Fire Marshal. 9) All barbeque cooking shall be conducted only outside of tents. Gas-fired barbeque shall be placed a minimum of 20 feet from any structure, overhang orfabric. 10) Solid fuel cooking shall be a minimum of 20 feet from any structure, overhang orfabric. 11) No combustible or flammable liquids shall be heated directly on any heater or cooking appliance.Substance such as candle wax shall be melted in containers set in boiling water (double boiler)to keep the wax from reaching its ignition temperature. 12) All deep fryers and other cooking appliances (i.e. pots, pans, woks, etc.)with a capacity ofone (1) gallon (4 quarts)of cooking oil or more shall be kept outside of tents,trailers, or the like and placed a minimum of 20 feet away, or shall be located under a commercial kitchen hood provided with a U.L. 300 compliant fire extinguishing system bearing an approved service label as certified by the Office of the State Fire Marshal. Compressed Gas Cylinders: 2016 CFC 3104.16.2-3104.16.3 1) Propane fired devices must be approved by Underwriters Laboratories (UL)or by the American Gas Association (AGA).These labels must be accessible for inspection. 2) Liquefied Petroleum (LP)gas containers of 500 gallons or less shall be located outside of the tent with a minimum separation distance of least 10 feet between container and structure and shall have the safety release valve pointed away from the tent. 3) Liquefied Petroleum (LP)gas containers of 500 gallons or more shall be located outside of the tent with a minimum separation distance of least 25 feet between container and structure and shall have the safety release valve pointed away from the tent. 4) All cylinders shall be stored in an upright position,adequately secured in place and protected to prevent accidental tip-over,tampering, unauthorized movement and damage by vehicles or other hazards. Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E 5) Cylinders not in use shall be capped. 6) All compressed gas cylinders in use shall be equipped with individual regulators with approved hose and appliances. 7) All L.P.gas cylinders shall be within current hydrostatic test date, (no more than 12 years from date of manufacture, or no more than five (5)years from last hydrostatic test). Flammable and Combustible Liquid Storage: 2016 CFC 3104.17 Flammable-liquid-fueled equipment shall not be used in tents. Storage of flammable and combustible liquids shall be stored outside in an approved manner and not less than 50 feet from tents. Refueling shall be performed in an approved location and not less than 20 feet from tents Electrical: 2016 CFC&CEC Electrical equipment and installations shall comply with the California Electrical Code. Some temporary lighting may require an electrical permit. Contact the City of Elk Grove Building Department for requirements. Before an extension cord can be used with a portable appliance all the following must be met: 1) Extension cords shall be plugged directly into an approved receptacle. 2) Extension cords shall serve only one appliance or fixture. 3) Extension cords shall not exceed 75 feet in length and be no smaller than 16 gaugewire. 4) The current capacity of the cord shall not be less than the rated capacity of the appliance or fixture. 5) The extension cord is maintained in good repair, without splices, deterioration ordamage. 6) The extension cord shall be of the grounded type when servicing grounded appliances or fixtures. 7) If an extension cord has to go across a traffic area,then an approved traffic pad shallbe used. (All extension cords shall be secured to prevent a tripping hazard). 8) Extension cords shall not be connected in series. Internal Combustion Power Sources—Generators and Similar Equipment: 2016 CFC 3104.19 Generators and other internal combustion power sources shall be separated from tents by a minimum of 20 feet and shall be isolated from contact with the public by fencing, enclosure or other approved means.All tripping hazards shall be secured. Display of Motor Vehicles:2016 CFC 3104.18 Batteries shall be disconnected in an appropriate manner. Vehicles shall not be fueled or defueled within and tent. Fuel tanks shall not exceed one-quarter of the tank capacity or 5 gallons whichever is less. Fuel systems shall be inspected for leaks and fuel tank openings shall be sealed to prevent the escape of vapors. Seating Arrangements: 2016 CFC 3103.11 Where chairs and/or tables are used,the arrangement shall be such to provide aisles 44" wide where obstructions are placed on both sides. With standard row seating,the spacing of chairs shall provide a space of not less than 12" from the back of one chair to the front of the most forward projection of the chair immediately behind.The rows of chairs shall be spaced not less than 33" back to back. Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E There shall be no more than 14 seats in any row of seats with aisles at each end.All loose seats,folding chairs or similar seating facilities that are not fixed to the floor shall be bonded together in groups of not less than three. EXCEPTION: When not more than 200 such seats, chairs or facilities are provided, bonding thereof may be deleted. [CCR Title 19 Division 1] Aisles: The width of aisles without fixed seating shall be a minimum of 44 inches in seating areas and be progressively increased in width to provide not less than one foot of aisle width for each 50 persons served by the aisle. Arrangement of aisles shall be subject to approval by the fire code official. Exiting and Occupant Load: 2016 CFC 3103.12 Tents shall have proper exiting in place. Each tent shall at least one exit and no less than the number of exits as indicated in the table below. Number of exits are based on the size of the tent, number of walls (sides) and occupant load. Maximum occupant load signs shall be posted when required by the fire code official. Exits shall be spaced at approximately equal intervals around the perimeter of the tent and shall be located such that all points within the tent are within 100 feet or less from an exit. MINIMUM MINIMUM WIDTH MINIMUM WIDTH OCCUPANT NUMBER OF OF EACH MEANS OF EACH MEANS LOAD MEANS OF OF EGRESS (inches) OF EGRESS (inches) EGRESS Tent Membrane 10 to 199 2 72 36 200 to 499 3 72 72 500 to 999 4 96 72 1,000 to 1,999 5 120 96 2,000 to 2,999 6 120 96 Over 3,000a 7 120 96 For SI: 1 inch = 25.4 mm. When the occupant load exceeds 3,000,the total width of means of egress (in inches) shall not be less than the total occupant load multiplied by 0.2 inches per person, otherwise necessary to indicate clearly the direction of egress where the exit serves an occupant load of 50 or more. Docusign Envelope ID:36AC04DA-69D0-4817-B853-5DE8690D853D Exhibit E Exit Signs: 2016 CFC 3103.12.6&3103.12.61 Exit signs shall be either listed and labeled in accordance with UL 924 as the internally illuminated type and used in accordance with the listing or shall be externally illuminated by luminaires supplied in either of the following manners: 1) Two separate circuits, one of which shall be separate from all other circuits,for occupant loads of 300 or less. 2) Two separate sources of power, one of which shall be an approved emergency system, shall be provided where the occupant load exceeds 300. Emergency systems shall be supplied from storage batteries or from the on-site generator set, and the system shall be installed in accordance with the California Electrical Code.The emergency system provided shall have a minimum duration of 90 minutes when operated at full design demand. Exits shall be clearly marked with exit signs in tents having an occupant load of 50 or more. Illuminated exit signs shall be installed at all required exit doorways for occupant lads of 51 to 299 person or as determined by the fire code official. Illuminated exit signs shall be an approved self-luminous type or shall be internally illuminated.Two separate circuits are required, one of which separate from all other circuits. For occupant loads of 300 or more,two separate sources of power,one of which is an emergency system consisting of onsite storage batteries or and on site generator, shall be provided. Emergency Lighting 2016 CFC 3103.12.7 Means of egress illumination shall be provided whenever the tent is occupied. An intensity of not less than one foot-candle at floor level is required. Fixtures shall be supplied form a separate circuit or source of power. In the event of power failure an emergency electrical system shall automatically illuminate the means of egress system. Parking of Vehicles Vehicles necessary to the operation of the establishment and parked on a public street shall be parked at least 20 feet from any tent. No other vehicles shall be parked less than 100 feet from any tent.