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HomeMy WebLinkAboutAgreement 05/21/2012 (2) FORM F-31' AGREEMENT NO I2 301'5 'INTEP,IM DATE 04/25/12 �r, Insurance-- ...r b,Cert CR: RENTAL AGREEMENT THIS AGREEMENT byrand betWunttfie 4TH-DISTRICT AGRICULTURAL ASSOCIATION hereihaftencalled3thetAssociation,tand CITY OF:PETALUMA HERINAFTER`CALEED T1IERENTER. Wpl''NESSETH6 I„THAT'WHERf AS'Thz.R e n[er d eir s,tm se ct rc lroi TH E a+souao certmn tights?and p n veges' nd,[ooht_.n_e_m,si on C _m the.Association to:hse Association premises. WEDNESDAY;JULY'4,20F2•&THURSDAY, JULY 5 =201.2 ?. NOW THERFEORb Assacntion hereby'grants to the Renter the.nght to occupy thespacels)fdescnhed belowrfor thi..purposes',hereinafterset{forth,subject tnithe t. terms•and coriditions ofthis.agncernenL. FOR1THE.RENTAL OF ETIIE;AREASDESIGNATED IN EXHIBIT F”ON THE`FOURTH DISTRICT-AGRICULTURAL- ASSOCIATION FAIRGROUNDS LOCATED IN'PE7ALUMA,CALIFORNIA„ 3'. She putposesiof occapancy.shall he hn_iited to an'd'r'shall•he for.no`othecpu[pose or;purposeslwfimsoever. • FORA.FIREWORKS DISPLAY Renter agrees:to pay to'Assoeiation:for the nehtsand pnvileges.hereby,'grantedtthe-amounts andtin'the manner setlforth below: 'SEE•EXHIBIT•:D"rAND:EXHIBIT `F ;5..Association have he[ieh[to,audirand monilonany and all salesasewell,as access to the,premies. r'. _ ., " 6. Reniu further a reel to mdcmmty and save harmless.Aisoanfton and�the Slate of California�[hcn.oflicers a cots'servants•anipemployees"front anytand allYlaiin5, . t . . _ � causes of aa.non and suits accrwn or resulting Imm anydamu es,mpgy�,or to++toranyperson or persons m ludm;:all persons[o'whom thE=Renter may be-IiablelindeC' . .r, M , " . any,WorALrs,Compensatton,luwrand Renterfitmself and from•any loss,tdamage,c mse.of nctmn alarms or sur�tstfortlnma es Snclutlmg but noPlirmted[gigs§,of rpropenyugoods•wareCoi.meichandise caused by.arising out of or inallyway connected atth the exercise by Renter of the privileges herein granted! 7. Renter furtheru ree+tlidt he wdl Tot sell echan or barter or permui his employees mseltexchange:oghaner,any permits issued to,Rentec onhisemployzes. (hereunder., 8.. Lis :agreed that this•contract or the, nvdeges,granted herein;or an ira thereof cannotn� ._ _ ou Written f y o p � y p e assigned obothentise.disposed of_wrtfiou Ethe wntten consenbof. .Association. 9, It tsunu[unlly,`undr.nmod and agreed dratno dteration or vanation'of:the terms ofini`s contract shall be valid,unless made ih:ivriRng,anic signed by the.parties„ (hereto and_thauno oral tinderstandin s gtugreeinents not incorporhedlhereinmmid no alteiat[ons'or vanations of the.terms hereol,;unless mad&in writing anal signed by ,the parties shall tie binding upomany,of[he parties;harclo_ LO The'Ruli:'s'and Regulations'pnmeel on-[he reverse side hereof are made a part of[nis',a rceme_nt as though tifullyincoryorated'.herem and�Renter ngrees[hathe:has _read[hu agreement tticsaid Ruleaand.Resulations and understands that[hey;shall apply"unlessamended by'mrnual consent m wNmg ofthz partyes hereto. I'I In thin_event'Renter fails to comply irtanyyrespeci withihe terms.of this agreement andhhe RulEs nd Re ulattons referred to,therein all paymentsifort[his rental, [space shall,be deemed earned'iand non refundable hytAssociatron and Association shallhauz the ngtit'to occupy'th'e1spacee"m any;manner deemed for the bestiinterests• of=Association:.. . l? Special Piist oJons: RENTAL A'GREFMENT:IS NULL AND VOID:7FdNOT RETURNEDrWITIi FULL PAVhIENT'UPON`RECEIET: ,Attached,Exhibit A 'Standard Contract Terms and Conditions,Exhibit$ Insurance Regmrements Exhibit D:Security'Rules and ;Regulations;rAttaehnient'C Policy and Procedures, Exhtbtt E Responsible-Hospitality,-Policies and.Procedures AND�F,ahitiit F:Additional, 'Tertns and'Conditions are'incorporated herein and made atpart of this;agreement. I e artment of,Fobd•and Agriculture andithe!Oe artment of General seryices _ 3pThts agreement'islnot bindin upon.Associ t on until it has been duly accepted anti signed b_y tts,authorized'represent hive(and tappraved:'(ifiequired)�by'the! O 'IN.W ITNESS WHEREOlT This agreement--has been e.eecute i in'duplidete:by andon hehalf,of the partres,heretol the'dIsy and.year-firs[aboyewmten. 4TH,D/STR%CT AGR/CULTURAL ASSOCIATION ;CITY OF.:PETALUMA AKA<SONOMA-MARIN FAIR PO F3oxe6I' I75iFatrgroundsD'nve: `Pe(51CtrnE CCA 94954 Petaluma:CA.94952 `'/® . . _ Jphn C sBrow ILL a Cony-nkl tit CEO {ya M Tut ilk,€ity {. kee 1'' andrelh Gty Narks& Recreatior6 • ._ . RULES AND RECUCATIONS,GOVF.RNI9C RENTAL.SPACE I; No'Renter:will be lloweditoopenuntillalf diepralmititary requirements herein-set frith hIBeheen.cimplied:with. 2. Rtnrecwillconduet m-bushiest mayoiecand ord d}.munneew ll depokis:311hubbish3slopli,garblgei tin sins pap 6ythe'Association withinsuidbon esnonplots :for such purpose and wdl keep the area ithiaand surrounding said co i essions fee from all rubbish arinnebriX. 3: All buildings.tents or enclosures erected:under the remit of Rental Aoreenenr shall have the prior approval or Asso noon and the local'fire suppression authorities All eating concessions noi. restricted tospecific items will submit nxnus'`and paces torAsSOCiatton for approval at least twelve(I?I M1oursin adi an e utieach day s,opuauon: J• :'Renter will furnishSAs ociadoii xnnra list of all sales prices and'Other Charges of anyitinid svliatsoever m be charged bv,the Renter m said space(s)., S: 'Renter thirst fiiiiiiSh'rebeints Millicense fees>iox deposns'.'iruueanre etccpriorto`evenu 6 'Renter wIll:conciuct the pn vileves r atedin the Rental A'greenxm accordin to all She riles and requi enwnts of th33Siiiiininep7artnient of Health Scr ice and local health2u[horities and viithout Tiniingenxnl upon the nghtsand privileges of others.will not handle or se llmnyconmrdmes or transact any business whatsotcer.or which an exc lu s t a pndd; :s sold by Association:nor engagehn any other business whntmesu upon or wtthtn said prens s or fangmunds except hot vh c is herein expressly supuloted and crnvac2d for will confine said Sr msanlons w th space ,and pin ileges provided in,dieLRental Agreement and that any and all exclmives,granted Renter shall not include the Carnival and the Camnsal ey.t 7f iRenteiwill:cause to be posted in a conspicuous manner atthe',from entrance to the concessions:,a sign showing the,pnces,to be':charged:for alllarticlessoffered for sale to the puhllcunderalre ".m - - Ren[al,Agreeniem 3 thesizeof said sign,{mariner and'placeof posting to tie.appedved Fey AiSociatioii: Ss Renter musty t h s own espen: k cp the cfincessiuni.pbbesandiadjacent ate ss'pmperly a ranged and clea"ne All cone siions must fits cle in.all cosenn s e ideal and theiconcessidins ready to"r 'business each day at least one hour before the Fa¢is open to the pubhc: Receptacles illbe,provided it sceral'locato sin recebie Renters tiash'andsuch trash_must hot be swept into tie. ahlesprstreets or any public space,. 9. All sound roducing devices used b 'R enter within or outside.his space must be of such anflure'and must be so operated as'not to cause annoyance or inconvenience to his patrons or to other n i Y bill cIi ry� 'Concessi<nairegor exhibitors and the Jeasmn oFAssocrationas jo the desratiiluy o(anysuchsound producing science shall brfinal anti conclusive Sound,mplifcinmn equipment may ht installed within or oatsidiany space onlyby,first obtaining.written pernushion thereof fronfAsso!ation. 10. Renee aktees.thin dire will tie no amen amhhng ar any other acnsni s'withih the confine of his space in which mane}rs used as a prize or prenuunt and that fie will not buy:or,pernait"buy backsP fd`rcisli ari nies'or rerruurris - ^ n _ e , yp p _ivenaway io pavons'm cmmectidnwi[i ihausc ofifie'spaee^Only smii ht rr,erctiandisin�methrds'shall6e,used'anndll'nx[hods ofbperatoni demonstration nnd Salimishafine suhjcct to the approval of the Assrmation_indihe local law,enfincententoffieinlsn i I I. Renter is entirely res(xinsilihdor the space allotted to Rentegand ovmes'[o reiniburs Association for any;damnge to theteal property.equipment.or roundcvsed�;in coon etion with the space, allotted mikenter,reasonabtle wear and tearand`damage;frnm causes beyondRenters control excepted: 12. Association mayprovidewntchntnn service`whichwill provide:for reasonable;piolecoon'ofthe properiybf:Renterh:hut'Association sliallnat be responsible.for lossor damage tome property,Of Rentcc Ira Each and every an cle of 0ie;4p3i antrall_tiozes uates packing packinoisnitherials SnQ iiehiis of whaisoeier nature'ustdinconmchon,wnh th spdcetindowred by Renter mus[tie.remo'ved from ate bwldrnosand round by;Rent r at hrcown expense.not Iaterethan a date specified by Association It n4undedmod in the event of Renters!uilute loiyacine said prenuses nsl herein pro ulFd e _ ure Ness ermsvon m wnun is first obtpameddAS5.—. n nw ,and is htreb authorized an Pmade[he o em rt Renter to remove,and stir the cant sson and,alhoth r mat Hal of any.naiure P _ gam Y .. .--- , hour vet at the Renters risk and ex ease,and Renter shiareimburse Association for ex eases thus incurred: 14. Noe Ranter will be permitted[risen or dispose of anywherelon the fairgrounds'alcohohe beverages as defined in the Alcoholic:Beperage Control Act.except in the concession space.v Even such hniitedlsalesare ads to tie niiide'unless Renter is atithonzed'in wntmg bg!'Alsocixtion'and-unle`ss'he holds a:lawfiil license':aiithoriiiiigsiich sales on satd'p?etn6es: I5r All eafety,orde s of the DiCisinsh of Indnstrial'Safety^Departnint of Iran-Sinai Rehr ns: iii be strictly observed. 16: Fmlure ofAssoc anon to insist in any one ormore instances-,upon die observance and or perfot hone of any o(thes Les ands regular s shall not cid sutute a waits of any,subsequent breaci'of any such rules and regulations_. • 17. This remwl'agreement shall iesublect tq temiinanon by etrhetpnrty vany,tirne dun a the.mgm hereof by giving she alter parry,notice in whiting atleast 30 dayspnono ate date when such mi ti - ffe - mrimna[ion shall b�rome,effccnse,Such lentunannn shall'relie a the Association of my(urthccperfrrmances of the remss of this agreements _ _. . .. 18. Contractor;by ngning tins rontract does'swear under pendlty;that no mrrelihan one final unappealrblefinding of contempt o(court bya�Fedeml coon has been issui.d a vinsl'Ihaz Contractor within the':..immediately preceding twoyear period because,of the Contractors,failure its cgmply;with an order of the National Labor Relations Board(Government Code Section.14780 5)(SAM: Sedhl2127I": - ... .e _. . . i" _ _ . , .. _. - 19: Rimer recogn¢es and iindedtunJ3th5t this rremal mayoereate a"passessoryiinterest suhJ-'8t ro,preipeny taxation end that the:Renter.may be�subjeeYto the paytrinl'dF prop$ty,taseslevmd on such i iiieresi` iQ 1 he Association shall have the pnvilege of inspecting the premises covered'byshis agreement ar any time orall rinses., 21. the:parties s her 10aure at Rener an any,ahetsSandiemplloyees of:Renter,and any agents andemployees of Renter in the;performmce ofthis'agrcenent^,shill act in anindependent capacity 02 Time is ol'.the essence of each and all tiaprtSvisions ninth agrcein`enr5ndfie'pFoslsions of this agreement shall cstend ro andtie'bmduig,uprn and more to thebenefit of tfieheirs.execu tors: . _ .._ _ odm,msirnmrs`,successrrs.:and assigns,rf the r spective games iueto: Memo tor.Fair Maria -meay Hazardous TAgrecment If this agreement provides for hazard t hazardous actnity.,the current Form fE-13.Statement Regard n I tsu ance:_must be,attacrhedTn each copy and incorporated by,reference on Page one: NdndiscnmibatsonClause..FOrm'l7A*53;I76 foe hg cements Cher$5,000 must he attached to each cop}tand:incorporated byreference.on page;one: EXHIBIT State of California. Division of Fairs &Expositions STANDARD CONTRACT TERMS AND CONDITIONS (F-31, RENTAL AGREEMENT) 1. National:Labor Relations°Boa"rd (PCC Section 10296 • Contractor, by signing this contract; does swear under penalty of ,perjury that no more than one final unappealable 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 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 conclusive. Contractor shall continue to perform contract requirements without interruption during the dispute period. 3. Non-Discrimination Clause/Statement of Compliance(GC 12990/CCR.8103-81201 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, at 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. 41 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 provisionsof 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. 5 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 se*, 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 anytime, 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. SGTC, F-3 I (revised 10/01) Page 1 oft 7. Governing Law This contract is governed by shall be interpreted in accordance with the laws of the State of California. S. 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 rendering services or involved with the Agreement, the awarding agency must be contacted immediately fdr;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 orfunded 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•w 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 oremployee may enter into a contract in which he or she engaged,in any of the negotiations, transactions, planning, arrangements br any part of the decision making process relevant to the contract while employed in any capacity by anystate"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 policymaking position in the samegeneral subject area as the proposed contract within the 12-month, period,prior to his,orherleaving state service. If Contractor violates ahyprovisions of above paragraphs, such action by,Contractorshall render this Agreement void. (PCC 10420). 9. Contractor Name Change An amendment is required to change the,Contractors name as listed on this,Agreement. Upon receipt of legal documentationof,the Warne charige'the,State.will process,.the amendment. Payment ofinvoices presented.with a new name cannot be paid prior to approval of said amendment. 10. Air or WaterPollution Violation (WC Under then State laws;,the;,Coritractor shall not be (1);in violation of any order or resolution not subject to review promulgated by the State Air Resources Board_or n,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. SCTC,F-31 (revised 10/01) Page 2 of 2 California FairServices Authority Exhibit`B" INSURANCE:REQUIREMENT S I. Evidence of Coverage The contractor/renter shall°provide a signed original evidence,ofscoverage for the term of the agreement protecting the legal liability of the State of California, District Agricultural Associations,County Fairs„Counties in which County Fairs are located, Citrus Fruit Fairs, or California Exposition and State Fair, their directors, officers, agent's, servants, and employees, from occurrences related to operations under the contract,This maybe 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.ihe following:, 1. List as the Additional Insured:;"That the State of California,-the District Agricultural Association;County Fair,the Countyin which.the County Fair is located, Lessor/Sublessor if'fair site is_leased/subleased,Citrus Fruit Fair,or California,Exposition and State Fair, their agents, directors,.officers, agents, servants, and employees are made additional insured, but only insofaras`theoperations under'this'bonttactarz,concerhed." 2. .Dates: The dates of inception.and expiration of the insurance. For individual events,the specific event dates must be listed,along withallset-up,and-tear down dates. 3. Coverages: a. General Liability- Commercial General Liability coverage,,on an occurrence basis, at least as broad as the current Insurance Service Office(ISO)policy fora'#CG 0001. Limits shall be not less than$5,000,000 combined single limits per occurrence for Fairtime Carnival Rides; $3,000y000 combined single limits per occurrence for Motorized Events All Types$3,000,000 combined.si'ngle_Itinits.per;occurrence for Rodeo Events All Types with a paid gate an&aoy'Rough.Stack events;$2,000,000 combined single"limits,per occurrence for Rodeo Events All Types withouta paid`gate'andwiih any:Rough,Stock events: $1,000,000 combined single limits per occurrence Mr Rodeo Events All Types without any Rough Stock Events:'-$2,000,000 combined single limits per occurrence for Interim Carnival Rides, Concerts with over5,000 attendees, Raves All Types, Mechanical Bulls, Extreme Attractions-All Types,Orbitrons, atid'Simulators;:$1,000,000 for all other contracts for which liability insurance (and liquor liability, if applicable) is required. b. Automobile Liability-Commercial Automobile Liability coverage,on a per accident basis,at least as broad as the current ISO policy form#CA 0001','Sytnbol#1 (AnyAuto)with limits'of nor 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 whenever contractor/renter has employees, as required by law. d.Medical Malpractice-Medical Malpractice coverage With limits of not less than$1,000,000 per shall be maintained for contracts involving medical services. e: Liquor Liability-Liquor Liability coverage with limits of notless than.$1,000;000 per occurrence should be maintained for contracts involving the sale of beverages. ' 4. Cancellation Notice: 'A statement•bytheinsurance companythatit will not cancel or reduce the limits or coverages of saidpolicyorpolides without giving 130 days-prior:writtennotice to:the-named certificate!holder. '5. Certificate Holder: For Individual Events Only-Fair,along,with fair sraddress, is listed as the certificate holder. • For,Master Insurance Certificates Only -:California'FairServices Authority, Attn: Risk Management, 1776 Tribute Road. Suite 100. Sacramento. CA'95815 is listed as the certificate holder. -1- 6. Insurance Company: The company providing-insurance coverage must be acceptable to the California Department of Insurance. OR B. CFSA Special EventsPogram-The,,contractor/renter obtains liability protection through the California Fair Services Authority(CFSA).SpeciafEvents Program, when applicable. OR C. Master Certificates-Acurrentmastercertificateofinsurance-for the contractor/renter has been'approved.by and isonfile with California Fair Services.Authority(CFSA): OR D.Self Insurance - The contractor/renter'is self-insured.and California Fair Services Authority (CFSA) has approved acceptable evidence ofself insurance. II. General,Provisions A. Maintenancwof o o r general l y.(and;automobile liability, workers'compe sation,Coverage malpractice and/or ti applicable)insurance herein provided for shallheein effect at all times during the term:of this contract:In the e'cvent said insurance-coverage expires at any time or Limes prior,to or during the term'of this contract,contractorhenter agrees to provide the fair prior to said expiration date, a new certificate of insurance evidencing insufancc coverage as provided for herein for not less than theremainder of,the termrof the contact,or for a period,of not less than one_(1).year.New certificates of insurance are`subiect to the approval of.California Fair Services Authority and contractor/renter agreesfthatno work or services shall be,performed prior to the(giving,of such approval: Imthe event the;contractor/renter=fails to keep in effect at,all times,insurance:coverage as herein provided,the fair may,in addition to any other remedies it may have„take any of the,following actions:(I)declare. a material breach by contractor/renter and terminate this contract;(2)withhold.all payments due to contractor/renter until notice is received that such insurance coverage;'is m effect;'and(i)obtain such insurance coverage and deduct premiums for same froth any;samS:due or which become due to contractor/renter under the terms of this contract.. B. Primary Coverage--The contractor/renter s,insurance,coverage-shall be primary and anys'eparate coverage or protection'available to the fair or any other additional-insured shall be secondary. C. Contractors Responsibility - Nothing, herein shall be construed as limiting in any way the extent to ,which contractor/renter may be held responsible for damages resulting-from contractor/renter:s.operations,;acts,omissions or negligence:-Insurance coverage obtained in the minimum'.amounts specified above shall relieve contractodrenter 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 lawrincluding„but not limited to,.actionspursuant to contractor/renter's indemnity obligations. D. Certified Copies of Policies-Upon request by fair contractor/renter shall immediately furnish a complete copy of any policy required hereunder,with said copy certified by the underwriter to b'eatrue and correct copy of theoriginal policy. III: Participant Waivers For hazardous participant events. the contractor/renter agrees ic obtain aproperly-executed Release and Waiver of Liability Agreement (CFSA Form 'Release: Lib") from each participant prior to his/her participation in the.event.y sponsored by contractor/renter.. Hazardous participanteventssinclude.but=are not limited:to any event,within the-following;broad categories: Athletic Team Events, Equestrian;related Events; Motorized Events:'Rodeo Events,and,Wheeled-Events, including bicycle, skates,.skateboad,.or.scooter. Contact California Fair,Service ,Authority al(916)921-22I3 for'further information. Revised 06/01/06 • -2- ATTACHMENT C • - ' SONOMA-MARIN FAIR : FOURTH`DISTRICT''AGRICULTURAL°ASSOCIATION 175 Fairgrounds Drive`Petaluma,CA 94952 • (707)283.3247'FAX,(707)'283-3250 • RENTAL AGREEMENT POLICY AND PROCEDURES RESERVATIONS: If you wish to reserve an,event date, a deposit of$150 00 is requred. This deposit will be applied to the rental cost and is not?efundable. You may vethelly hold a date for 72 hours. Your phone number and release date•will be'written;on the calendar -After,72 hours-your date will be erased'from the calendar. Association will not-be responsible,if potential renter fails to respond after 72 hours. DATE PROTECTION: We will attempt to keep a thirty(30)day buffer between similar public events. RENTAL AGREEMENT: Rental Agreernent will be generated within two'weeks of receiving reservation deposit. Renter has 30 days to return signed agreement'alonwithWbfpayment. The remaining balance-is due 30 days before the event. If renter fails to comply with these time frames, date will be forfeited and moneys paid will not be refunded. If event is less than 30 days Say, signed,agreement and full payment must be received beforedate is held for renter. .INSURANCE: Association must have a Certificate of Insurance from the renter no cater than 30 days before the event, The Certificateo •Insurance must be the original copy and must include all items listed on the Insurance, Exhibit attached to yourcontract. If the renter is not covered under his/her homeowners' policy they may purchase th'e'insurance'through the Association at the current rate (based on number of attendees ). Coverage is Liability only and is not available•for events deemed'hazardous. PAYMENT: Checks shouldbe made payable to,the Fourth DistrictAgricultural Association or the Sonoma-Marin Fair. If the check is returned to us.for.any reasona$200 fee will beassessed. • SECURITY: Based on the'size and type of your event,.history'of like events,.OR if alcohol is served, sold or present private secirity and/or law enforcement will be required. At'the discretion of fair management and after normal business hours or on the weekends, social events not serving alcohol will be required to have at least one security guard at the event. Should security be required, renter must use the tnterim Security Company contracted through the Association. All fees for, security will be incorporated ih.the`rental agreement. .ALL.events that require agate to be open during non-business hours must havea security guard,at each gate.the tenant requests open. (Business hours are Mon-Fri 8:00am-5:00pm) INVITATION VERIFICATION: Association reserves:the right to require an original invitation be submitted to the Association two weeks prior.to event and that all inyitations be checked before a potential guest is allowed to enter the fairgrounds or a building. The security,fees charged for this service will be.the responsibility of the renter. INFLATABLES: 'If the renter intends to haVe'an inflatable at their event, they'must notify•the fair office at least one month prior;to the event. Additional insurance may 6e.required for this activity. An inflatable includes but not. limited to: bouncy house, bouncy slide,or any structutethat has to be blown up. CLEANUP/DAMAGE DEPOSIT: A minimum of $500.00 clean-up damage deposit,is required for most events. Fair Management may require additional deposit at their discretion. Any 'charges for extra hours, damage, equipment replacement or police response'will be withheld from your deposit. Should the amount exceed your deposit you will`bebilled.accordingly. 'A list':of equipment-replacement costs is available from the Fair Office. CLEANUP OF FACILITY: Renter is responsiblefor leaving the facility/grounds in the condition they found it. All decorations and food must'be removed atthe end of the event. AII•trash must be placed in the trash cans provided. If the kitchen is used, it is the:responsibility of the renter/caterer to make sure the kitchen is clean. Please leave all tables andchairs set up—standard clean up is done by Fair staff,with the exception of the kitchen. \':\P:miliiy Remnls\COKI'RAC ISATTACHMEiN I"C\Remal Agreement Policy&Procedures-Revised 012011 doc NOTE: Standard cleanup is equated as fouriman-hours of maintenance. Additional cleaning/damage.fees will be assessed should it take staff longer than the standard time for clean up to return the facility to its original condition. HOURS: Typical rental time a renter may enter the:buildings is 8:00 a.m. and event must end no later than 12:00 a.m. Clean up may be done following event. LIQUOR: If.liquor'is1to be sold;the party obtaining the liquor:license must pick up a permission letter from the Fair Administration Office, This letter must be sent or delivered to the Department of'Alcoholic Beverage Control. A'Copy of the ABC license must be provided to the Association prior to your event. PRE-DECORATION: The only way you catcdecorate the:daybefore is to reserve the.hall and,pay the pre-decorating fee of% the daily hall rental ifee (BCW =$125.00/Herzog Hall -.$300.00). Should another event request the "pre- deco" date, the original renter will have first right of refusal to book the hall,atthe,fullirental rate,,or it will be rented to the othertenant. Thirty (30) days prior to an event,the "pre=deco reservation will be fully protected and cannot be.cancelled without the:permission of the renter. When an event is booked;in the hall the day before the pre-decoration day, entry into the hall for pre-decorating will not be allowed'until"NOON. • POST-DECORATION: The only way you can go into a hall and clean the next day is to pay.the post-decorating fee (BCW - $75;00/Herzog Hall- $150.00). The same booking policy as for pre-decoration would.apply. NOTE' Fair staff performs a next-day inspection. ilf at that tirne it is discovered that the renter has returned' to complete:clean-up without.hatiing paid for post-deco, they will be.cfiarged the full pre-deco fee. KEYS: The Administration Office is closed on weekends and,keys must be picked'up prior to your'event. If the event falls on a Saturday or Sunday„keys,should be picked up'by 4;00 PM on Friday. Keys must be returned to the Office following your.event. Keys maybe dropped imthe black mailbox located at the main entrance to the Administration Office: NOTE:.In the:event the'keys`are.losi, renter will be responsible for fees'incurrei] by the rAssociation'to havelthe"locks of the blinding rented're•keyed. DANCEICONCERT PERMIT: All public dances/concerts will be required to obtain approval from the Petaluma Police Department and Renter must meet any and all conditions of the dance/concert permit. Permit to be provided to the Association. CANCELLATION REFUNDS: Reservations for use of the,facility may be made up to a year in advance providing,the deposit is paid. Refunds will be'granted only upon approval of Fair Management. Requestsifor refunds must be made in writing to the Association. Refunds will be made according to the following criteria:Cancellation ninety (90) days prior to event = 75% of the total rentalfee refunded; Cancellation made sixty (60) days prior to event= 50°/0 of the'total'fee'refunded; Cancellation'made thirty (30)days'priorto event=25%of the total fee refunded; NO refunds less than thirty (30) days prior to event. Rental fee is defined as the fee charged for the use of;the'facilityand does not.include security'fees, deposits or fees charged for equipment rental, etc: However, Association reserves the right to keep deposit monies if needed to fully realize the Association's portion of the forfeited rental fee. Should you cancel an event and reschedule for a later date, this'refund policy will still apply. POLICE: If a disturbance or damage is the result of your event and action,is taken by Police, the renter of the facility will be charged at'the prevailing rate for the Police service. DECORATIONS: Nails,thumbtacks,confetti or are NOT allowed. NOTE: A$50.00 fee will be charged each violation. Only masking tape may be used when decorating: Exit signs and heating/air conditioning vents must not be blocked. INFORMATION SHEET: Ifrour maintenance department is to know how many tables and chairs areito be placed in the building,the event information sheetmu'st be completed and returned at least two (2) weeks prior to the event. Please note that tables and chairs are to be set up by theRenter. NSFaci ltry Renials'CON I RAC"I'n I"I'AC'Hb11EN r C\Rental Agreement Policy& Procedures-Revised 012011,doc EXHIBIT SONOMA-MARIN FAIR 175 Fairgrounds Dr., Petaluma,CA 94952 707-283-3247 * FAX 707-283-3250 INTERIM SECURITY AGREEMENT Date of Event: Wednesday, July 4, 2012 & Thursday, July 5, 2012 Type of Event: 4th of July Celebration/Fireworks • Location of Event: Carnival Lot/Racetrack (BCW/Herzog/Carnival lot etc.) Attendance 7,500 Alcohol served/sold Ye`s Schedule of Services: Gates Open to Public —_4:00pm/Fireworks — 9:15pm approximately. Start Time End Time # of Hours Wednesday, July 4, 2012 # of Guards @ Race Track: I 7:00am 1'2•00am 17 # of GATE/GROUNDS Guards: 5 6:00pm II:00pm 5 # of Supervisors: I 6:00pm 11:000m 5 Thursday, July 5, 2012 #GUARDS @ Race Track I 12:00am 7:00ath 7 Hourly Rate . **Total Guard Hours 42 $36.38 $1,527:96 **Total Supervisor Hours 5 $42.38 $211.90 Total Guard Hours 7 $24.25 $169.75 TOTAL DUE: AT;909:61 ❑ Security not required -- ❑ Gate Security only, ❑ Other - I have read and agree to abide by the rules and regulations as stated on the reserve side of this form. a P 9/ r - Sig a e [ to N:1Facility Rehtals\CONTRACT\SECURITY\Annual Events-Exhibit D\4th of July- 2012.doc 4'h District Agricultural Association Interim Security Services Building/Event Policies & Procedures Building Policies & Procedures. I Loitering is prohibited. Patron must be attending or exiting the AssociationfGrounds. 2 Doors to the event become'Exit Only" one hourbefore•event end time: 3 Management reserves the right to refuse service to anyone. 4 All patrons subject to search and seizure, and may be ejected from the Association Grounds for any of the following: Public intoxication _Illegal Activities Inappropriate Behavior Alcohol Policies•& Procedures The alcohol policies & Procedures of the 4th District Agricultural Association shall be strictly enforced. Contraband No glass, knives, weapons, gang affiliation, bicycles, skateboards, roller •blades or scooters. Guests Attendance/Guard ratio security company reserves the right to add additional security personnel should the attendance at the event surpass the estimated attendance. The Renter of the building shall purchase additional :guard ,services.at two times the hourly rate or the event may be shut dowmwith.no refund to"renter. Compensation Information • REGULAR RATES: Supervisors $28.25,per hour;:Guards - $24.25 per hour HOLIDAY RATES (New Years Day, July4th, Labor Day and Christmas Day): Supervisor- $42.38 per hour; Guards - $36.38 ***s,s'*****K47'ES SUBJECT TO CHANGE****** * On On behalf of the 4th DAA, the:security company Reserves the right to cease all activities Whena safe and sane environment Cam no longer be maintained. N:\Facility Rentals\CONTRACT\SECURITYWnnual Events-Exhibit D\41h-of July-20I2doc EXHIBIT "E" RESPONSIBLE HOSPITALITY POLICIES AND PROCEDURES { Renter's"event .must have d the tnecessary•alcoholic beverage.tcontrol.(A.B.C.) license and permission by this Associatiob.to cell alcoholic be'veragest-Renter.must firsttabtain,a validliquor license from,A:B.C. located at 50 D street, Suite-400, Santa Rosa, California:95404 (707) 576}2165. "A letter of.permission must be obtained from the fairgrounds office and submitted to A:B.C. License-must be posted in building at the time of the event. The liquor license may be issued with conditions. • 1' .r • • .y Renter agreestto,have a trained worker available at all tithes at.each,alcoholic,beverage service location, in order to assist servers should the servers have any questions or concerns-regarding the service of alcoholic beverages. Attach a copy of your policy, or an adoption of the following guidelines (for events selling alcoholic beverages): I. A-standard dtink,is,a 12-ounce peer La 4-ounce glass of wine, a 12-ounce wine cooler, or a 125-ounce shot of eighty proof spirits. 2. Cup or glass sizes will be visibly posted at the point of service. Only non-breakable plastic cups/glasses will he used If a serving is more than a standard drink, the actual size is posted as a measure of standard drink, i.e. 6 ounces of wine equals 1.5 standard drinks, 20 ounces of beer equals 1.5 standard drinks. 3. Beer will not be served in cups or glasses larger than 20 ounces. If served in a container more than 16 ounces, there must be a second smaller size offered. 4. Wine tasting will not be greater than 1 ounce. 5. Alcoholic beverage service will be limited to two drinks (cups. glasses, or pours) per person per visit.to the point of service. 6. No alcoholic beverages may be brought into or removed•from the event area. 7. All alcoholic beverages are to be served in cups or plastic glasses only. When there are people under'the age of 21 at the event, non-alcoholic and alcoholic beverages must be served in distinctly different containers. 8. Proposition 65 signage on the potential health risks of alcoholic beverages will be posted as required. 9. If the majority (51%) of the event attendees are under age 21, alcoholic beverages will not be served or sold. 10. You may not include the exclusive sale of alcoholic beverages as part of the price of admission. 11. Food must be available when alcoholic beverages are sold or served. 12. Serving must stop one hour prior to close of event if over-three (3).hours in duration. 13. You shall not sell/serve an obviously intoxicated person. (Section 25602 of the California Business and Professions Code). 14. You can not serve or allow anyone under the age of 21 to consume alcohol. (Section 25658 of the California Business and Professions Code). 15. Whenever a purchaser appears thirty (30) years of age or younger, you ,Must ask for proper identification and confirm that the ID is that of the presenter. Identification as evidence of age must be issued by a governmental entity (state or federal government). Documents altered in any way are unacceptable. The ID must have date of birth, description and photo of the person. When in doubt, do not serve. 16. It is illegal to drive a car with a blood alcohol level of .08% or over. 17. Alcoholic beverages will not be promoted in such a manner as to encourage over-consumption. Self- service or open bars,-drink,contest, discounted drinks, and "all you can drink- offers are prohibited. 18 If a disturbance or damage is the result of your event and action is taken by Police, the renter of the facility will be charged at the prevailing rate for the Police service. 19 Those that serge alcohol are prohibited to consume alcohol. CONTINUED ON REVERSE SIDE REMEMBER - A server who commits a violation of law such as selling or furnishing an alcoholic beverage to a .person. under 21 .years of age or to an obviously :intoxicated person is-subjectl,to arrest and criminal ,court proceedings along with the.minor: or: intoxicated patron who was-served•the alcoholic beverage. . A11 Alcohol related incidents will be reported to'the,Policerand Alcoholic:Beverage Control (A:B.C:) for follow-up. • ■ �. •Renter shall provide a safe and hospitable environment for your patrons/guestst Such an environment is achieved through policies and practices that ensure properly trained volunteers, servers, security and supervisory staff. This will encourage respoh§ible dri'nking decisions, and' thus MCI-ea:e did sense''of'hospitality=and enjoyment by all''attendees. . . - All renters shall, when serving, alcohol, i.e. wedding receptions, family parties, etc. observe all laws,[hat pertain to the use/serving of alcohoh. Reading the above.guidelines will:help you in•having,a successful.•and accident free occasion • • • • • • alcoplcy • • • City of Petaluma • ' Rental Agreement#12-3015 Page I 'EXHIBIT "F"—ADDITIONAL TERMS AND CONDITIONS Upon completed execution of the agreement,.the-following rules and conditions are made a part of the agreement: • 1. Terms of this agreement will be for July 4, 2012 only. There are no renewal options associated with this agreement. 2. The Renter is responsible for the following fees: Deposit of$150.00, Labor fee of$500.00 to cover Association staff tine. Security fees are attached and explained in Exhibit "D". Any additional fees incurred will be billed following the event. 3. The use of the facility will be limited to the following areas: Administration Lot, Lot B, Main Parking Lot, Carnival Lot, Main Gate Ticket Booths, Concourse, Beverly C. Wilson Hall and associated restrooms. (The attached grounds:niap identifies these areas.) 4. Use of racetrack/pit area and/or grandstands must be under separate agreement with speedway promoter. 5. Renter will provide,all necessary logistic and operational support for the event, including the fireworks show. Renter is required to have someone in attendance stall times who has authority to make any and all decisions on behalf of the Renter. This includes pre- event, during-eventand up to 24 hours post event. 6. Renter is required to provide law enforcement (City of Petaluma Police) and private security Renter must use Association's contracted Security-Company and all arrangements will be made by Association (see:Exhibit "D"). The private security required per this agreement will be responsible for patron related services designated by Fair management atthe Main Gate. Should contractor require additional security service, contractor will be responsible for requesting additional guards. A security plan must be provided and must meet with the.approval of Fair management. The following minimum security procedures must be followed: • Law enforcement must be posted in the Main Parking Lot at all times•during the event to prevent alcohol consumption;private fireworks use, tailgate BBQs, and any other malicious behavior. • The Main Gate into the Fairgrounds property and the gates into the Grandstands (if used) must follow the established "Safe Gate" procedures implemented during the annual Fair. This includes, but is not liinited to: ' 1. metal detecting wands to prevent Weapons 2. checking bags, ice chests, etc. for glass, alcohol, knives 3. gang=activity prevention • Law enforcement or security must be adequately staffed to patrol all spectator areas to insure there is no abuse of alcohol consumption or-use of private fireworks. • City of Petaluma . Rental Agreement#12-3015 Page 2 7. Renter assumes all responsibility, liabilities, and costs associated with returning the "grounds" back to the condition in which it was received. "Grounds" refers to all areas mentioned above as part of this rental agreement and any other part of the facilities affected by the use of the facility under this agreement. Renter is responsible for having a sweeper sweep grounds including parking lot and Main Concourse'by July 5th: Prior to taking possession of the facility, the:renter will designate a representative to walk the entire grounds with.an,Association representative to determinethe-condition of the grounds prior to occupancy. The Association expects the renter to return the grounds in the same condition as it was received. 8. Renter is expected to return possession of.the facility in good condition_as outlined in'item #8 by 5;00 p.m. on Thursday, July 5, 2012. If the grounds are not returned to the Association in a satisfactory condition,the Association will charge $35/manhour to bring the grounds back to satisfactory condition. 9. Renter will provide their own dumpsters, portable toilets, etc. The As eciationr will provide no janitorial or garbage services during or after this event. 10. Renter will hire, at their expense, a licensed electrician to be on hand for set-up and during the duration of the event, if required. 11. All costs associated with this event will be the responsibility of the renter. 12. Renter assumes responsibility for all charges assessed to the Association by the State Fire Marshall pertaining to the fireworks show. Renter understands that this assessment may be billed to the.Association and then to'the Cityof Petalumaup to-a year following:the event. The amount charged to the Association varies greatly from year to year. The Association suggests that the City of Petaluma attempt to negotiate with the State Fire Marshall's office to allow the City's Fire Marshall jurisdictiofffor-this.event. 13. Renter will insure that itself and all.subcontractors indemnify the Association as outlined on the attached Insurance Statement. City of Petaluma 4th District Agricultural Association By John C. Brown, ty anager • cia,Conklin, CEO By I .: .•. L2 � Jan drell, City Parks& Rec. a C' 1e °; CITY OF' PETALUMA - „nqA 3 POST OFFICE BOX 61 .-ear � r' PETALUMA,CA 94953-0061 CITY OF PETALUMA—'RISK MANAGEMENT David Glass Mayor Self-Insurance Certificate • Chris Albertson CERTIFICATE OF COVERAGE Teresa Barrett Mike Harris Mike Healy CERTIFICATE HOLDER: The State of California, the District. Gabe Kearney `• Tiffany Renee • Agrioultural Association, County Fair. Counclimembers The County on which the County Fair is located,.Lessor Sonoma—Marin Fair,their agents, directors, officers, servants, and employees..Butonly'insofar as the operations under this contract area. Petaluma Speedway 175 Fairgrounds Drive Petaluma,CA 94952 THIS CERTIFIES THAT THE, City of Petaluma City Manager's Office COVERAGE DESCRIBED HEREIN P.O. Box 61 J English Street Petaluma,CA 94952 HAS BEEN ISSUED TO: Petaluma, CA 94953 Phone,(707)778-4345 Fax f707)778-4419 DESCRIPTION OF ACTIVITY: July, 4th Fireworks Display E-Mail cavmg!(act.peialmna a.us DATE(S) OF ACTIVITY: July 4;.2012—July 5,2012 Noon Housing Division Phone(707)778-4555 LOCATION OF ACTIVITY: Petaluma Fairgrounds Fax(707)778-4586 E-Mail bec/di/g ci oetaluma.ca.us ENTITY PROVIDING COVERAGE LIMITS EXPIRATION DATE Human Resources Division COVERAGE Phone(707)778-4539 $$00,000 S.I.R./ Fax(707)778-4439 E-Mail $40-Million liability excess coverage Huimanresources(al City of Petaluma through CJPRMA 07/06/2012 ci..Petalumaca.us 750,000 S.I.R. Worker's Compensation $10 Million exe6ss Worker's Compensation Information Technology Division Phone(707)776-3695 The following coverage is in effect and isprovided..in part through participation'in a risk Fax(707)776-3697 sharing joint powers authority: comprehensive.general and automobile liability as'defined ii @ci..uetaluma:cc.us in the Memorandum of Coverage on fleWith the entity and which will be made available upon request. Risk Management Phone(707)776-3695 The coverage being provided is.limited-to the activity and the time period indicated herein Fax °7)TaE?Mau and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage rislinsgt@ci..netaluma.ca.us, i yak I W u;t D e Ron BI•`h uie,Risk Manager (7% 776-3695 op f CERTIFICATE OF LIABILITY INSURANCE 2/8/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THECERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT;AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE'AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE'A CONTRACT BETWEENTHE ISSUING INSURER(S),AUTHORIZED • REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms andconditions'of the policy„certain policies may require an endorsement;A statement`on this'ceitificate does not confer rights to the ' certificate holder in lieu of such endorsement(s). PRODUCER Contact Name: Gene or Andrea Tevini Cossio Insurance Agency Phone .7078369200 '.Fax 1 7075449046 PO Box 188 (A/C;No,Ext): '�,(NC,No): ` Simpsonville,SC 29681 E-Mail: jubileejumps©sbcglobal.net (864)688-0121 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Interstate'Fire'&Casualty CO(Chicago,IL) Jubilee Jumps,Inc INSURER B: Lexington Insurance CO(BOSTON,MA) P.O.Box 1745 Windsor,CA 95492 INSURER C: National al Union Fi re Insurance Company(S) INSURER D: INSURER E: COVERAGES CERTIFICATENUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE''POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMED ABOVE FOR THE POLICY PERIOD ''I INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN;THE•INSURANCE AFFORDED BY THE POLICIES,DESCRIBEDHEREIN IS SUBJECT TO ALL THE TERMS, 1 I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY.PAID CLAIMS. , INSR TYPE OF POLICY ADOL SUBR POLICY NUMBER POLICYEFF I POLICY EXP. LIMITS LTR INSR WVD (MM/DD/YY)• (MM/DDM') GENERAL LIABILITY Per Occurrence $1,000,000 ®COMMERCIAL GENERAL LIABILITY General Aggregate Per Location $2,000,000 II-- OCCUR Products and Completed Operations $2,000,000 ❑❑ CLAIMS MADE Id Personal/Advertisers Liability $1.000,000 A ❑ _ [K SFE1002432 1/28/2012 1/28/2013 Employee Benefits Liability $1,000,000 0 Fire Legal Liability $300,000 Medical Payments Excluded GEN'L AGGREGATE LIMIT APPLIES PER Self Insured Retention $2,500 ©POLICY ❑PROJECT ❑LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ❑ ANY AUTO BODILY INJURY $ A ❑ ALL OWNED SCHEDULED (Per Person) AUTOS ❑ AUTOS SFE1002432 1/28/2012 1/28/2013 BODILY INJURY $ © HIRED AUTOS NON-OWNED (Per accident) © AUTOS PROPERTY DAMAGE $ ❑ ❑ (Per accident) ® UMBRELLA LIAR ❑ OCCUR Per Occurrence $1,000,000 Aggregate $1,000,000 B ❑ EXCESS LIAB ❑ CLAIMS-MADE 4574991 1/28/2012 1/28/2013 ❑ DED ❑ RETENTIONS WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE yyy��/I��� OFFICER/MEMBER EXCLUDED? r"`� N/A (Mandatory in NH) It yes,describe under DESCRIPTION OF OPERATIONS below Primary Accident 8 Health $10,000 Accidental Death 8 Dismemberment $10,000 C Accident Medical SRG 9112851 1/28/2012 1/28/2013 Aggregate applies to AD 8D only $100,000 Deductible None DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks'Schedule,if more space is required) Party Equipment Rentals Operations located at•1400 Petaluma'Hilt Rd Santa Rosa,CA 95404.•Certificate Holder As Additional Insured Amusement devices on file for special events dated throughout policy period. CERTIFICATE HOLDER: CANCELLATION City of Petaluma SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE THE Citn:Parks arid Recreation Dept. EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 320 N.McDowell Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Petaluma,CA 94954 - AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION.All rights reserved. AC SONCO-e OP ID:JE v CERTIFICATE OF LIABILITY INSURANCE DATE(MM ONypy) PRODUCER - - - 04!04!11 Don Ramaticl Insurance,Inc. 70T-782-9200 THIS CERTIFICATE IS ISSUED AS A MATTER.OF INFORMATION P.O. Box 651 ONLY AND CONFERS N6 RIGHTS UPON THE CERTIFICATE tq„ Petaluma;CA 94953 -HOLDER, THI&ICERTIFICATE DOES NOT AMEND, EXTEND OR '' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Paul Ramatici - - • MSUREn Sonoma-County INSURERS AFFORDING COVERAGE MI e ' etAssociation INSURER A Landmark American insurance Co P.O.Box 2835 Petaluma,CA 94953. INSURER e:_ INSURER INSURER D: COVERAGES 'INSURER E:D THE POLICIES OF INSURANCE'LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF,ANY-CONTRACT OR OTHER DOCUMENT WITH TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA N,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. `a '' ••' POLICY NUMBER POLICY EFFECTIVE GENERAL UABNJTY - ' ' A 111 COMMERCIAL GENERAL LLABILITY LBA097719 EACH OCCURRENCE 5 1,100,001 CLAIMSMADE Pi( 05/28/10 05/26/11 "'•L� II • OCCUR �:i'> � 3 100,001 X 81/PD DBtl$600 MED EKP( one• non 3 _ 5A01. PBI Claim PERSONAL a ACV INJURY $ 1,000,001 GENI AGGREGATE LIMIT AP(PPLIETS PER I GENERAL AGGREGATE f 2,101,11, in POLICY JFT I LOC PRODUCTS-COMP/OP AGG S 2,000,001 AUTOMOBILE LIABILITY ANY AUTO COMBINED DSINGLE LIMIT f ALL OWNED AUTOS ) SCHEDULED AUTOS GODLY INJURY HIRED AUTOS IParpanan) $ NON-OWNED AUTOS BODILY INJURY (Pa aakenll S (Per xcIderal DAMAGE S GARAGE LIABILITY 1 -A ANY AUTO AUTO ONLY-EA-ACCIDENT S OTHER THAN EA ACC I ; AUTO ONLY: AGO S EXCESS I UMBRELLA LIABILITY I `- -- OCCU0. i I CLAIMS MADE EACH OCCURRENCE S _''''''''1111 AGGREGATE S I DEDUCTIBLE __ S RETENTION S • $ WORKERS COMPENSATION I f AND EMPLOYERS'UABILITY I VN:STATU-I 'Om• ANY PROPRIETOR/PARTNER/E%ECUTNE i IN1 TORYLIMIT9 'ER OFFIOERMEMBER EJtCLUDED) E .EACH ACCIDENT S • (Mandatory In NH) KL'ea,atoryIaNH) E.L.DISEASE- ISPECIAL PROVISIONS OaIOw ( EA EMPLOYE S OTHER EL.DISEASE-POLICY LIMIT $ ON DESCRIPTI OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re:Operations of tho Named Insured 10 CERTIFICATE HOLDER _CANCELLATION SONMAR2 SHOULDANYOFTHEABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO NAIL 10 DAYS WRITTEN Sonoma-Mario Fair Fourth NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,GUT FAILURE TO DO SO SMALL District Agricultural IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Association REPRESENTATIVES, 175 Fairgrounds Drive AUTHORIZEDREPRESENTATNE j^� Petaluma,CA 94952 SONMAR2 ACORD 26(2009/01) 0.AAn Qom rirte ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD «. .-�..,.c,.,r•,u�.:. _•...' : 5•v..Y r .; .PIA< atL0,11 s .,a rIV, , :e Fr.rm faadha Watson FaxID:Hylanl Group Page 2 of 5 Date 4/25/2012 12i26;PM Page':.2,otS' KIWANO3 OP ID: 3Y ' - CATE deadDiYYYTI AC CERTIFICATE OF LIABILITY INSURANCE 04/25/12 ' THIS'CERTIFICATE IS,ISSUED AS.A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE§",NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 'BELOW-. THIS CERTIFICATE OF INSURANCE DOES 'NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED `REPRESENTATIVE OR`.PRODUCER;AND+THE;:CERTIFICATEIHOLDER ;IMPORTANT: If:the certificate'holder is'an-ADDITIONAL INSURED (he;poli[y(ies)l must be endorsed. If SUBROGATION IS WAIVED, subject to the terms-and conditions of the policy,certain policies',may require an,endorsement."Aystatement on this certificate does not confer rights to the Certificate tiolder'in.lieu of such endorsement(s). - OGNTACT PRODUCER 800-678-O361 NAME:'- HylantGroup'Inc-Indianapolis PHONE - FAX 317-817-5151 IA/D NR E`d�' IMO,NAG 301,Pennsylvania Parkway,iJ201 E•Mns. Indianapolis,IN 46280 ADDRESS. Donald J.Thompson Jr. INSURERISI AFFORDING COVERAGE- NAIC i . INSURER A:Lexington Insurance Company 019437 INSURED Kiwanis International INSURER B: All Clubs and Their Members INSURER C: Insured Local Club: P ETAL UMA INSURER D: Ye Mitch.Land INSURER E: 300 East D St Petaluma;CA 94952 INSURER F N REVISION NUMBER: I COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE-LISTED BELOW HAVE BEEN ISSUED TO THE.INSURED NAMED ABOVE FOR TEE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT; TERM.OR.CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'AIHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN-THE JINSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ,ALL 1HE TERMS, EXCLUSIONS AND CONDITIONS-OF SUCH POLICIES:LIMITS SHOWN MAY HAVE BEEN REDUCED'BV PAID CLAIMS. INSR ADDLSUBR POLICY EH' POLICY EXP LIMITS LTR TY PLOP INSURANCE INSR-WVr)' POLICY WATER (11MIDD/YYYY) 'IM MIODIYYYYI GENERAL LIABILITY ''EACH OCCURRENCE s 2,000,000 11101111 11/01/12 DAMAGE TO RENTED $ 500,000 A X COMMERCIACGENERAL LIABILITY X 013136005 PREMISES(Ea ECCIIHffCEl ME)EXP(Any nne person) E 5,000 CLAIV.IS-MADE X- OCCUR X AGG PER'DISTRICT PERSONAL.P.ADV INJURY $ 2,000,000 A X 'LIQUOR.LIABILITY 013136005 11/0111,1 11/01/12 GENERAL AGGREGATE .$ 2,000;000 PRODUCTS-COMP/OP AGG $ 2,000;000 GEN'L AGGREGATE PRO-APPLIES PER' q 1,OD000 PRO-. — • IF Cl LIQUOR LI II L°C :Ea acn ED SINGLE LIMIT 1.000;000 AUTOMOBILE LIABILITY :Ea acadenll S - -- A ANY AUTO 013136005 11/01/11 11/01/12 BODILY INULRY(Per rT-soni s ALL OWNED SCHEDULED LOWLY INJURY Per arciderm $ _ AUTOS _HIRED AUTOS AU OS X PROPERTY DAMAGE $ X NON-OWNED Per accident) _ AU AWNED $ X 3,000,000 X AGGREGATE UMBRELLA LIAR OCCUR EACH OCCURRENCE __ .__. EXCESS LIPO CLAIMS-MADE AGGREGATE S TIED (RETIRE ION 3 A"/C STATU- OTI I. N WORKERS COMPENSATION I WC ST TU- T ER AND EMPLOYERS'LIABILITY YIN EL.TOR ACCIDENT S ANY-PROPRIETOR/PARTNER/EXECUTIVE I NIA OE:ICER/MEMBER EXCLUDED? EL pli°ASE-EA Bd PIOYEE A (Mandalory in NH) II yes desr'Ibs under 'L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below - 75,000 A SELF-INSURED 013136005 11/01/11 11/01/12 ALL CLAIM RETENTION: DESCRIPTION OE OPERATIONS I.LOCATIONS/VEHICLES (Much ACOR0.101,'Addilional Remarks Schedule,If more space is required) Certificate Holder is named. as Additional Insured as respects to General Liability regarding the following Kiwanis event.. 7-9-12, or any other future date(5) during policy term - Fireworks''@ County Fairgrounds (setup, take down, rain dates are .included) CERTIFICATE HOLDER' CANCELLATION ALLCERT SHOULD ANY OF,THE ABOVE,DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Petaluma 859;Petaluma Blvd N AUTHORIZED REPRESENTATIVE Petaluma, CA 94952 -- skitit I - ©1988-2010 ACORD CORPORATION:..All rights,reserved. ACORD25'(2010105) The.ACORD name and logo are registered marks of ACORD. Page 3 01 5 Date 4/25/2012 "2.26 PM Page:7 0l'S. r"_From:�Uartha Watson Faxle'.Hylant Group 9 o ENDORSEMENT # This endorsement, effective 12:01 AM, 1111;11 I Forms a part of policy no.: 013,136005 i Issued to: KIWANIS INTERNATIONAL, INC. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL:,INSURED .REQUIRED BY ORAL AND:IMPLIED CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY, COVERAGE APPLICABLE TO COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE (SECTION I - COVERAGES) ONLY A. Section II - Who Is An Insured is 4. The insurance provided to such an amended to include any, person or additional insured does not apply to organization you are,required to include "bodily injury'` or "property as an additional insured.on this policy damage arising out of an architect's, engineer's, or by a oral or plicimplied riod a d e effect surveyor's rendering of or failure to I prior t the "o policy rren e",of executed y professional services, , prior to the "occurrence" of the "bodily render any p injury" or "property damage." including, but not limited to: B. The insurance provided to the above is The preparing, approving, or described additional insured under this - - failing to'prepare or approve ' endorsement is limited as'follows: maps, shop drawings, opinions, reports, surveys, field orders, 1 . COVERAGE A BODILY INJURY AND e gs orders, or drawings and PROPERTY DAMAGE (Section I - chan change ordns; and Coverages) only ii. Supervisory, inspection, 2. The person or organization'is only architectural, or engineering an additional insured with respect to activities. liabllrty'ari'sing out of "your work" or 5. This insides. •does not apply to "your product". "bodily injury or "property 3. In the event that the Limits of damage arising out of your work" exceed t Limi s of I sUr policy or your product" included in the exceed the Limits of Insurance "product-completed operations required by the-oral or implied hazard" unless you are required to contract, the insurance provided by provide such coverage by oral or this endorsement shall be Ilrr ited to implied contract and then only for the Limits of Insurance required by the period of time required by the the oral or implied. This oral or implied contract and in no endorsement shall nobwn in the event beyond the expiration date of Limitsof Instil-an-6e shown crease the Declarations pertaining to the the policy. coverage provided herein. Fron i laitia wafscn Faiil DiHylanl,Group: Page-4 o15 Date 425/2012 12.25 PM Page a of 5 6. Any coverage provided,by this endorsementto,an additional insured shall be excess over any other valid and collectible`insurance available to the additional insured whether primary, excess,. contingent or on any'other basis. C. In' accordance with the-terms and conditions of the policyand as more 'fully explained in the policyras soon as practicable, each additional insured must give us prompt notice-of any "occurrence" which.may result in a claim, forward all legal papers to us, cooperate in the defense of,any actions, and otherwiseecomply with all of the policy's terms and conditions. Failure to comply with this provision may, at our option, result in the claim or "suit" being denied. • • • 2.0/. I. & 4+- - Authorized Representative-DR Countersignature In states-where applicable) • From:Martha,Watson S axID:Hylant!Group Page 5 of:5 Date 425/2012 12 26 PM Pagei5 of 5 ENDORSEMENT # This endorsement, effective 12:01 AM, 11/1111 • Forms a part of Policy No.: 013136005 Issued to: KIWANIS INTERNATIONAL, INC. By: LEXINGTON INSURANCE COMPANY PRIMARY/NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance„provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured operations; and any insurance=maintained by the Additional Insured shall be non-contributing. • All other terms and conditions of the policy remain the same. /. a . Authorized Representative OR LX9838108(05). Countersignature (In states where applicable) SIGNATURE ROUTING'SHEET FOR Sonoma Marin- Fairgrounds;:July4°i,,2012 (Agreement/Project Title) Please keep the original of this document with the City Clerk's original of the contract. CITY OF PETALUMA City Manager ATTEST: ed City Clerk APPROVED AS TO FORM: • City Attorney APPROVED: SA,<\ Departm fr Director APPROVED: w Risk Manager APPROVED: E"•.nceaDirector file name: SIGNAI ERE ROUTING SI-IEET(City) March 2009 / • - •1 •