A. Insurance Certificate - The contractor/renter provides the fair with a signed originalcertificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forththe following:1. List as the Additional Insured: "That the State of California, the California FairServices Authority, 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, 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 theoperations under this contract are concerned."2. Dates: The dates of inception and expiration of the insurance. For individualevents, the specific event dates must be listed, along with all set-up and teardown dates.3. Coverages:a. Genera l Liability - Commercial General Liability coverage, on an occurrencebasis, 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 CFSAHazardous/Nonhazardous Activities List which includes, but is not limited to, thefollowing: $5,000,000 per occurrence for Carnival Rides and for FreefallAttractions (elevated jumps involving airbags); $5,000,000 peroccurrence for the following types of Motorized Events: Automobileraces, drifting exhibitions, burnout contests/competitions, truck rodeos,tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mudracing, car crunches, monster truck shows, automobile thrill shows, figure 8racing, 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,endure, pro stock. $3,000,000 per occurrence for the following types ofMotorized Events: motorcycle racing, flat track motorcycle racing, arena-cross,freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, gokarts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup(ATVs), lawnmower races.$3,000,000 per occurrence for Rodeo Events alltypes with a paid gate and any Rough Stock Events such as Bull Riding, INSURANCE REQUIREMENTS (revised effective January 1, 2023)I. Evidence of CoverageThe 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: C STANDARD AGREEMENT S-
Revised Eff. January 1, 2023
Bareback, Saddle Bronc, or Mutton Busting; $2,000,000 per occurrence for the following: Concerts: 2,000 and more attendees; Extreme Attractions*: All Types, including but not limited to bungee attractions, ejection seats, sky scrapers, Trampoline Things/quad jumpers, zip line or similar attractions requiring a Cal/OSHA permit to operate; Fair time Kiddie Carnival Rides: Up to 6 kiddie rides (includes book-in rides); Interim Carnival Rides; Extreme Attractions; Law Enforcement: All types, including but not limited to city police, county sheriff, California Highway Patrol, county probation, California Department of Corrections, state or federal military. Mutual indemnification in the contract may substitute for coverage with written approval from CFSA. Mechanical Bulls; Motorized Events: Car jumping contests/demonstrations of hydraulic modifications to automobiles; Rave Type Events: Any dance or concert which extends beyond midnight; Rodeo Events: All Types without a paid gate and with any Rough Stock Events such as Bull Riding, Bareback, Saddle Bronc, or Mutton Busting; Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events but including barrel racing, penning, and roping; $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 peraccident 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 singlelimits per accident for contracts involving use of contractor vehicles (autos, trucks orother licensed vehicles) on fairgrounds.c. Workers’ Compensation - Workers’ Compensation coverage shall bemaintained covering contractor/renter's employees, as required by law.d. Medical Malpractice - Medical Malpractice coverage with limits of not lessthan $1,000,000 per occurrence shall be maintained for contracts involving medicalservices.e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000per occurrence shall be maintained for contracts involving the sale of alcoholicbeverages.4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be
Revised Eff. January 1, 2023
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 thecertificate 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 B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable. 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 Provisions1. 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 any time 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 any other remedies it may have, take any of the following actions: (1) 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 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.
Revised Eff. January 1, 2023
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 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 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 copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).III. Participant Waivers1. 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.