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HomeMy WebLinkAboutR-1992-D6162 Exhibit / Fair11110 RESOLUTION NO.D 6162 A RESOLUTION: authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a 1992 Central Washington State Fair Concession and Exhibit Contract with the Central Washington Fair Association. WHEREAS, the City of Yakima Public Works Department wishes to operate an information booth at the 1992 Central Washington State Fair, in order to better inform the public and promote better relations with the public; and WHEREAS, the Central Washington Fair Association which manages the State Fair will permit the Public Works Department to operate such a booth upon specific terms and conditions which are a part of a standard contract with exhibitors; and WHEREAS, the City Council finds that it is in the best interest of the City to enter into the above-mentioned agreement with the Fair Association and operate the exhibit booth, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the 1992 Central Washington State Fair Concession and Exhibit Contract which is attached and incorporated by this reference. ADOPTED BY THE CITY COUNCIL this3L. day of 1992. ATTEST: City Clerk res/cncsn agr.sc Mayor This Agreement, dated hereinafter called the Association, and CITY OF YAKIMA PUBLIC WORKS DEPT. Willma Meyer 2301 Fruitvale Blvd. Yakima, WA 98902 1992 CENTRAL WASHINGTON STATE FAIR CONCESSION and EXHIBIT CONTRACT 7/15/92 between the Central Washington Fair Association, hereinafter called the Exhibitor. WITNESSETH: The Association hereby grants and leases to said Exhibitor, certain rights, privileges, and space for the duration of the 1992 CENTRAL WASHINGTON STATE FAIR, hereinafter called the Fair, to be held SEPTEMBER 25, 1992 TO OCTOBER 3, 1992, in Yakima, Washington, to conduct, operate, and sell upon said premises, such business and articles as are set out below, and no other Space or location. #124 & *125 — SunDome Privileges granted under this contract give the Exhibitor permission to conduct or sell: Display various photos, posters, standing display, videos, signal light display, park bench, potted trees, and handouts. Additionally. The privilege let under the terms of this contract is for a term of the period of the 1992 Central Washington State Fair, and in consideration of the payment by .`"said Exhibitor to the said Association, of. .$1,100.00 And the following covenants are agreed to by the said Exhibitor The amount of 550.00 deposit as partial payment upon this privilege contract, due and payable no later than 8/10/92 and non-refundable. THE BALANCE OF THIS CONTRACT IS DUE SEPTEMBER 1, 1992, unless otherwise noted. and non-refundable. Failure to pay all sums due on this contract on the day and at the hour provided herein shall work a forfeiture by the Exhibitor of all privileges herein described, together with any payment he may have made, and he shall surrender to the Association immediate possession of all space or lots oc cupied under the terms of this.contract 1. The Association reserves the right to amend, interpret, and add to the rules and regulations governing the exhibitors and settlement of any differences, questions with respect thereto, arising out of, connected with, or incident to the Fair 2. The Exhibitor agrees to conduct privilege granted by this contract without infringement upon the rights of others; not to handle or sell any commodity for which an exclusive right has been sold. or engage in any business, or sell any commodity upon the Fairgrounds, other than that expressly stipulated in this contract, and will confine all his operationsto the space and privilege as hereinbefore set out 3 The owner or custodian of property of any kind brought to the Fairgrounds, either for exhibit or for other purposes, assumes, as a condition of its admission to the Fairgrounds, all risk of any respon- sibility for its loss, damage, or theft. 4 The Fair employs guards, traffic directors, and other personnel to protect property on the Fairgrounds and assure the safety of persons. The Association and its officers and employees cannot and will not accept responsibility and liability for any damage or injury resulting from theft, fire, the elements, accidents, or other conditions or causes, whether to exhibits, property of exhibitors, vehicles on the grounds and articles left therein, or any other property of any nature whatsoever 5. The Exhibitor further agrees to indemnify, defend, and hold the Association harmless from all claims and damages to persons or property arising directly or indirectly out of the Exhibitor's activities conducted under this contract and the Exhibitor's use and occupancy of subject premises and further agrees to procure and maintain in force a Commercial General Liability Coverage Policy This Policy shall include the following: a. Everyone that sells a product. gives away something, has a display on the Fairgrounds, or sells or distributes consumable food, must have insurance which shall be at One Million Dollars (S1,000,000) Combined Single Limit Per Occurrence and One Million Dollars ($1,000,000) Aggregate for bodily injury to one or more persons and property damage. b Coverage shall be of the Commercial Liability type in usual use and shall include Products Liability c The Exhibitor/Concessionaire shall be named insured on the policy, and the CENTRAL WASHINGTON FAIR ASSOCIATION, ITS OFFICERS, AGENTS, AND EMPLOYEES, AND THE BOARD OF YAKIMA COUNTY COMMISSIONERS, SHALL BE ADDITIONAL INSUREDS listed thereon. Certificates must be deposited with the Association with the first payment on this contract. 6. The Exhibitor agrees to operate said exhibit in conformity with all Federal and State laws, County ordinances, and rules of State and County health authorities. Any violation of the foregoing will enti- tle the Association to cancel said contract and cause same to be removed with no right of recourse by the Exhibitor against the Association and the Association may keep and retain any fees the Exhibitor previously paid for said space. 7 A violation of any of the terms and stipulations of the privilege contract shall cause the full amount of the contract to become due and work a revocation and forfeiture of all rights and privileges therein granted to the Exhibitor, in which event all sums paid or contracted to be paid, shall become the property of the Association as liquidated damages for such breach. The Association shall have a lien upon all property being kept. used. or situated upon leased premises. or Fairgrounds, whether such property be exempt or not, for any unpaid rents, and any damages sustained by breach of contract by said Exhibitor The Association shall have the right to distrain such property without process of law, and appropriate such property to the use of said Association to satisfy all claims. 8 In the event of any court action regarding this contract, the prevailing party shall be entitled to reasonable -attorneys' fees and costs, all of which the non•prevailing party agrees to pay 9 The Exhibitor acknowledges receipt of the accompanying "Rules and Regulations" and agrees these "Rules and Regulations" are incorporated in and made a part of this contract. IN WITNESS WHEREOF, the parties For Office Use Ory: Paid $ Vim(. (1 On -x Paid $ On Original — Fair Copy Duplicate — Exhibitor Copy Triplicate — File Copy have caused these presents to be executed in triplicate, the day and date first above written. ENT:MW eNSIEtR B(Iki#ON EXHIBITOR By City Manager -EYcH1BFTORR CENTRAL t ASHIRGTON FAIR ._ASSOCIATION By;__- 4 �/► ) �- . I�-�='} k W w�&-e- Washington State Sales Tax Number ki— Ot)-12°. 7/30/q c►rY coormACI No99_142013. CITY OF YAKIMA 2301 Fruitvale Blvd. Yakima, WA 98902 August 10, 1992 Central Washington State Fair P. 0. Box 1381 Yakima, WA 98907 Attention: Jerri Ramsey 'ARTMENT OF PUBLIC WORKS Equipment Rental Division 575-6005 Park Maintenance Division 575-6020 Recreation Division 575-6020 Refuse Division 575-6005 Street Division 575-6005 Traffic Division 575-6005 Transit Division 575-6005 Scan Prefix 278.,000s Dear Ms. Ramsey: The City of Yakima, its departments and divisions are currently self-insured for general liability exposures. Funding for claims filed against the City for all liability losses are not paid by a commercial insurance company, but are instead billed against the City Risk Management Fund. Inquiries regarding claims which relate to general liability should be addressed to: City of Yakima City Clerk/Claim for Damages 129 North 2nd Street Yakima, Washington 98901 This statement of certification is offered only as information. It should not be construed to create, limit or define the legal rights of the parties referred to herein. Sincerely, John R. Hanson Director of Finance and Budget RULES AND REGULATIONS 1992 CENTRAL WASHINGTON STATE FAIR September 25 - October 3, 1992 P. 0. Box 1381 Yakima, WA 98907 Phone: 509/248-7160 Fax: 509/248-8093 The Central Washington Fair Association, hereinafter referred to as the Association, is a private, nonprofit corporation empowered to set its own rules. These rules apply to exhibitors, concessionaires, food and novelty operators, and all other individuals, corporations, associations, fairgoers, etc., while on the premises. Exhibitors and concessionaires, hereinafter referred to as the Exhibitor, also agree to obey all laws and regulations of the United States, the State of Washington, Yakima County, or other governmental agency or entity. COMMERCIAL EXHIBIT AND FOOD CONCESSION REGULATIONS It is your responsibility to be knowledgeable of the formal regulations which are listed herein. It is also important to have any representatives or employees working in your exhibit be aware of these rules and regulations. All regulations will be strictly enforced. Disregard of any regulations or misrepresentation on the part of the Exhibitor will forfeit all privileges granted, fees paid, and rights to further participation in this and future Fairs. The Exhibitor acknowledges these "Rules and Regulations" are incorporated in and made a part of the accompanying Concession and Exhibit Contract. In the event of a conflict between these Rules and Regulations and written contracts, the former shall take precedence. READ THESE REGULATIONS CAREFULLY, BE INFORMED, AND ASK QUESTIONS ON ANY PARTICULAR MATTER YOU DO NOT FULLY UNDERSTAND. The Management of the Central Washington State Fair reserves the right to amend, add to, and interpret the following regulations and to finally settle and determine all questions and differences with respect thereto, arising out of, connected with, or incident to the Fair. ADVERTISING MATERIALS AND SIGNS Under no circumstances will any person or firm be allowed to place any advertising matter upon buildings or trees or any place in the fairgrounds, nor will they be permitted to distribute advertising matter outside the space assigned to them. Distribution of circulars or promotion materials may be made only from within the booth area assigned to the Exhibitor. 1992 Page #1 ANIMAL RESTRICTIONS Animals are not permitted on the fairgrounds except dogs accompanying handicapped individuals. Dogs are not to be left tied outside of vehicles in parking lots or the R/V park. Owners of barking or vicious dogs will be asked to leave the fairgrounds. CONTRACTS Every individual and company doing business on the fairgrounds during the Central Washington State Fair must have a written and signed contract relative to that activity. However, the Association reserves the right to cancel all contracts of whatever kind by public notice should an act of Providence such as war, riot, fire, flood, storm, or pestilence, prevent the holding of a Fair. The Exhibitor acknowledges these "Rules and Regulations" are incorporated in and made a part of the accompanying Concession and Exhibit Contract. In the event of a conflict between these Rules and Regulations and written contracts, the former shall take precedence. There is a $20.00 administrative fee for lost contracts. Should the Association file suit or action against any Exhibitor on any cause arising in any way from the official Contract, the prevailing party shall be entitled to reasonable attorneys' fees and costs, all of which the non -prevailing party agrees to pay. Payment for contracts is one-half of the contract amount at the signing of the contract. BALANCE WILL BE DUE SEPTEMBER 1. Failure to comply, all properties and fees received will not be returned and space will be resold by the Association. THIS WILL BE ENFORCED. DEADLINE FOR FINAL PAYMENT IS SEPTEMBER 1. A $15.00 charge will be collected for any returned checks. No checks will be accepted after September 1 - only money orders, cash, or cashier checks - NO EXCEPTIONS. The Concession and Exhibit Contract is personal to the Exhibitor. It may not be assigned, sublet, or seized by attachment or execution, or in any manner transferred to any other person, firm, or entity, either voluntarily or involuntarily, or by operation of law or otherwise, or it will be considered a material breach of contract and the Association may terminate Exhibitor's contract immediately upon notice to Exhibitor of violation and Exhibitor will not be granted any future contracts by the Association. Exhibitors are prohibited from subleasing, assigning, or apportioning the whole or any part of the said space and/or stand allotted to them except upon written permission from the Association. Nor shall they exhibit or permit to be exhibited in their space any merchandise not a part of their own regular products as listed on the Concession and Exhibit Contract, nor shall they exhibit any advertising material directly pertaining to such products. 1992 Page #2 If Exhibitor and/or Exhibitors' agent(s) or employees substitute and/or add any food items, prizes, giveaways, products, and/or services, not approved by the Association, and/or delete any such items approved by the Association, it will be considered a material breach of contract and the Association may terminate the Exhibitor's contract immediately upon notice to Exhibitor of the violation and Exhibitor will not be granted any future contracts by the Association. Any additions or deletions to the contract must be made forty-five days prior to the start of the Fair and must be approved in writing by the Association. No changes to contracts will be made after this time. Satisfactory Exhibitors/concessionaires of the previous year are given first option of returning. Applications for the current year are accepted beginning January 1. Applications from the previous year will not be held over. The Association will use every precaution to guard against extortion in any form practiced upon patrons of the Fair. A violation of this rule will cause the forfeiture of the contract monies paid or expulsion from the fairgrounds, as the Association may direct. COUNTY REGULATIONS All decorative materials shall be made from material which is not flammable or shall be treated and maintained in a flame retardant condition. For questions regarding such materials, Exhibitors should contact the Yakima County Fire Marshal at 509/575-6508. If hot food is prepared in enclosed food concession units, all vents and fans must be in working order. All food concession units shall be free of grease and other volatile accumulations that could create a fire hazard. Each food concession shall be equipped with an approved fire extinguisher. The working area of a food concession unit, and all exhibit areas, shall be free of paper and other debris that could create a fire hazard. Any canvas used as a part of any display/concession must comply with fire retardant regulations and standards. The area immediately surrounding all exhibit areas shall be policed by the Exhibitor to avoid trash and residue accumulation. The interior of any concession unit/exhibit area shall not be littered with cardboard boxes, packing material, or debris that could create a fire hazard. SMOKING IS PROHIBITED IN ALL BUILDINGS ON THE FAIRGROUNDS. 1992 Page #3 DECORATOR The official decorating firm will be G.E.S. (Greyhound Exposition Services, Inc.); 4060 Lind Avenue, S.W.; Renton, WA 98055; telephone 206/251-6565. All contracted Exhibitors will receive information from G.E.S. on rental items; i.e., tables, chairs, canopy tents, drape, etc. All such rental items should be arranged for with G.E.S. IN ADVANCE by using the rental forms that will be mailed to you by G.E.S. G.E.S. will have an order desk on the fairgrounds approximately three days prior to the opening of Fair to assist Exhibitors but cannot guarantee to have all items available at this time. RESERVE YOUR ITEMS EARLY BY RETURNING THE RENTAL FORMS, BY MAIL, TO G.E.S. DELIVERIES When you ship any item or merchandise to the Fair for use at your exhibit, be sure your cartage company provides sufficient labor and, if necessary, a forklift to unload and move goods to your location. Shipments received prior to the Fair will be stored at the Exhibitor's risk. The Fair will not be responsible for any loss or damage to items so stored. ASSOCIATION PERSONNEL WILL NOT PROVIDE LABOR AND/OR EQUIPMENT (THIS INCLUDES FORKLIFTS) TO UNLOAD/LOAD OR SET-UP DISPLAYS OR DELIVERIES. It is strongly recommended you be in attendance to receive any shipments prior to the Fair. United Parcel Service (UPS) deliveries will be handled as follows: a. UPS will contact the Association office with a list of deliveries each day of the Fair by approximately 9:30 a.m. This list will be available at the Administration Building. The Association will not attempt to contact exhibitors with this information. b. UPS truck will arrive on the fairgrounds by approximately 10:30 a.m. each day of the Fair and will be located immediately behind (west) of the Security Building. c. Exhibitors expecting deliveries may pick-up their packages at this location from the UPS driver. The UPS driver will not make deliveries to an exhibitor's location. Exhibitors must make their own arrangements to transport deliveries from the UPS truck to their location. d. Unclaimed UPS deliveries will be returned to the UPS warehouse and two subsequent attempts to deliver at the fairgrounds will be made by UPS. After these three attempts, the deliveries will be returned to the sender by UPS. e. The UPS truck will remain at its location behind the Security Building until approximately 11:15 a.m. each day of the Fair. 1992 Page #4 f If you have questions regarding UPS deliveries, please call 800/222-8333. g. UPS deliveries will only be made on weekdays. There will be no UPS deliveries and no access to the UPS warehouse on Saturdays or Sundays. DRAWINGS Drawings for gifts or premiums conducted by the Exhibitor must be made prior to the close of the Fair and the name and address of winners delivered to the Association. In no case may the Exhibitor use the name of the Association or the name of any Fair visitor in any "you have won absolutely free" type mailout program. Premiums or gifts awarded to Fair visitors must be absolutely free with no additional payment of money or other consideration required. Exhibitors may conduct free drawings from their contracted areas provided that: 1. All parts of draw tickets used shall have printed thereon the name of the company conducting the drawing and listing prize or prizes and value: 2. All patrons are eligible to participate in contest (unless age or sex is a reasonable qualification and same is stated on a sign) and to deposit their entry; 3. No additional purchase is required to receive a prize; 4. Drawings must all be designed to be completed the last day of the Fair by 10:00 p.m.; 5. The Association shall be given the name, address, telephone number, and description of prize(s) of all winners within one week of the close of the Fair; 6. A sample of draw tickets and a list of the prizes to be offered must be submitted to the Association by September 1. 7. Lists of the names, addresses, and telephone numbers of any person entering the drawing are for the exclusive use of the Exhibitor; 8. Lists must not be used on the basis that everyone, or most, or several, have won dollar value discounts applicable on the purchase of some product or service, etc.; 9. No sale or transfer of list of names so gained is made; 1992 Page #5 10. Winners of gift prizes shall not be required to leave their domicile area in order to receive prizes and the Exhibitor shall undertake to mail, ship, or deliver prizes to the winners. FAILURE TO COMPLY WITH ANY OF THE ABOVE REGULATIONS WILL PROMPT THE ASSOCIATION TO NOTIFY THE PROPER AUTHORITIES. ELECTRICAL AND PLUMBING Any special requirements for electrical or plumbing needs must be approved by the Association prior to September 1. Exhibitors shall not use so much electrical power as to overload the circuits. The Association will provide each Exhibitor one 110 volt, 20 amp service within 75 feet of booth space. Where applicable, the Association will be responsible for collecting fees from Exhibitors for electrical hookups, disconnects, and power usage, prior to the closing of the Fair. SUNDOME EXHIBITORS: If you require more power than is available, installations of additional electrical power must be done by the Association's decorating firm, G.E.S., at the expense of the Exhibitor, and should be arranged for by completing a G.E.S. rental form and returning it to G.E.S. not later than September 1. NON-SUNDOME EXHIBITORS: If you require more power than is available, installations of additional electrical power must be done by the Association's electrician, at the expense of the Exhibitor, and should be scheduled through the Commercial Exhibits Department not later than September 1. NOTE: Electrical appliances such as kettles, coffee pots, space heaters, air conditioners, hot plates, etc., drawing more than 200 watts and which are intended for the personal convenience of Exhibitors and their staff, are not allowed without written consent of the Association. In the past many causes of costly power failures were due to overloading by Exhibitors of electrical currents. All electrical appliances sold and displayed for sale or used for demonstration must be UL approved -- not the parts only, but the complete product. You must have GROUNDED EXTENSION CORDS and all cords on any electrical device must be GROUNDED. This will prevent electrical shocks. All plugs must be grounded and UL approved. ALL CONCESSIONS MUST BE GROUNDED. The Association reserves the right to refuse to connect electrical service to equipment not considered safe. Use of multi -plug household -type extension cords is prohibited. UL listed power strips of the correct rating are suggested. Any extension cord less than 14 gauge will not be permitted. 1992 Page #6 All electrical cabling must meet the requirements of Article 520 of the NEC (National Electrical Code); i.e.., no welding cable will be permitted. For questions or additional information, please contact the Washington State Labor & Industries Department Electrical Inspections Division at 509/454-3760. EMPLOYMENT OFFICE If you need to hire local personnel, we suggest you contact the Yakima Job Service Center, phone 509/575-2696 for assistance. We recommend you contact the Job Service Center before September 1. EXHIBIT INFORMATION - GENERAL The Exhibitor accepts the space as it exists. The Exhibitor further agrees to return said space and area to which it has access, in the same condition as the space was before the use of the same by the Exhibitor. Ordinary wear and tear, damage by the elements, acts of God, or casualties beyond the control of the Exhibitor excepted to this rule. The Exhibitor agrees to pay the costs of repair and replacement for any and all damages of whatever origin or nature, which may have occurred during the term of the contract, for restoring the premises to a condition equal to that which existed at the time the Exhibitor took possession. All temporary buildings, booths, enclosures, railings, or paraphernalia of every sort whatsoever to be erected upon the space contracted to Exhibitor shall be of a first-class appearance. The Association shall have the sole right of decision as to whether such improvements or display meet this requirement. Any structure not complying with the terms herein may be ordered removed and the contract forfeited as the Association may elect. The Exhibitor will be permitted to occupy said leased premises from opening day of the Fair to night of closing day under the terms of the contract, with three days preceding the opening day of the Fair, or such greater period as the Association may grant, to prepare and erect buildings and stands, and shall remove all temporary structures, booths, or property of every sort whatsoever, from said leased ground or space as specified in the contract, within twenty-four hours after the official close of the Fair. Failure to remove all property within twenty-four hours after the close of the Fair shall forfeit all property so left on said fairgrounds to the Association. If an Exhibitor desires to occupy space for more than twenty-four hours after the close of the Fair, the Exhibitor must enter into a special contract with the Association for such use. The use of tape, tacks, nails, staples, or mastic on any wall surface or windows inside or outside of any building is prohibited. Costs for cleaning or repairs to the surfaces so defaced will be charged to the Exhibitor. 1992 Page #7 EXHIBITORS WITH OUTDOOR DISPLAY SPACE may commence installation of exhibits six days prior to the opening day of the Fair (beginning Saturday, September 19). Grounds are open from 8:30 a.m. to 4:30 p.m. daily. Later working hours are permitted upon application to the Association. EXHIBITORS WITH INDOOR DISPLAY SPACE may commence installation of exhibits three days prior to the opening day of the Fair (beginning Tuesday, September 22). Buildings are open from 8:30 a.m. to 4:30 p.m. daily. Later working hours are permitted upon application to the Association. All concessions and/or commercial exhibits must be completed NOT LATER THAN 8:00 A.M. OPENING DAY OF THE FAIR. Any concession or exhibit that is not completed and open for business by 12:00 noon the opening day of the Fair will cause the Exhibitor to be in breach of their contract and the Exhibitor will face immediate cancellation of all rights and forfeiture of all fees paid at the sole discretion of the Association. The Association will not, under any circumstances, permit an Exhibitor or concessionaire to work on the installation of their concession or display during the hours the Fair is open to the public. All concession and exhibit materials must remain in place throughout the entire length of the Fair. Dismantling and removal of exhibits may begin at 6:00 a.m. Sunday, October 4, 1992, the day immediately following the official close of the Fair. SunDome exhibitors may dismantle and hand -cart their displays out beginning at midnight Saturday, October 3, 1992, after the Fair has officially closed for the night. Any violation of this rule will be considered a breach of contract and the Exhibitor will not be granted any future contracts by the Association. THIS RULE WILL BE ENFORCED. BOOTH TEAR -DOWN, OTHER THAN SUNDOME EXHIBITS, IS NOT TO BEGIN BEFORE 6:00 A.M. SUNDAY FOLLOWING THE OFFICIAL SATURDAY NIGHT CLOSE OF THE FAIR. All exhibit and exhibit materials must be removed from the fairgrounds within twenty-four hours of the close of the Fair, or, not later than 10:00 p.m. Sunday, October 4, 1992. A written waiver of this rule must be obtained from the Association prior to the opening of the Fair. If the Exhibitor fails to remove their property, the Association may remove the property to storage at the risk and expense of the Exhibitor and the Exhibitor shall reimburse the Association for any expenses thus incurred. During the official open hours of each and every day of the Fair, all concessions and commercial exhibits must be open to the public and in the charge of a competent attendant at all times. Official open hours are: OPENING FRIDAY ONLY 1200 NOON TO 11:00 P.M. MONDAY THROUGH THURSDAY . . 10:00 A.M. TO 10:00 P.M. FRIDAY AND SATURDAY . . . . . . 10:00 A.M. TO 11:00 P.M. SUNDAY 1000 A.M. TO 10:00 P.M. 1992 Page #8 ALL EXHIBITORS AND CONCESSIONAIRES SHALL OPEN THEIR BOOTHS ON TIME AND REMAIN OPEN UNTIL THE SPECIFIED CLOSING TIMES. All buildings will be cleared immediately so they can be secured. Exhibitors, employees, and their representatives shall operate strictly within the limits of their contracted area(s) and will not operate in the aisles or roadways. Exhibitors shall insure that all employees and representatives shall be clean, orderly, and polite in their conduct and speech and that the exhibit space is kept clean, with no accumulation of trash, paper, or other combustible material. Under no circumstances will balloons be permitted for use as decorations in any indoor display. Compressed gas cylinders must be secured so as to prevent them from being upset. Televised or radio broadcasts of special events, including football games, will be limited or prohibited if it causes congestion. Booth space must be in a clean and presentable condition at all times. The Exhibitor is responsible for any and all expenses in connection with the decorating, equipping, or occupancy of the space with the exception of that power which is provided with the booth. The Exhibitor is also responsible for any expenses incurred for service people they hire which pertains to their exhibit. FAIR PERSONNEL WILL NOT PROVIDE LABOR AND/OR EQUIPMENT (THIS INCLUDES FORKLIFTS) FOR THE SET-UP OR TEARDOWN OF DISPLAYS. No beer, wine, intoxicating liquor, controlled substance, or drug paraphernalia of any kind shall be kept or sold by the Exhibitor or any of his employees within the premises contracted to the Exhibitor or upon the fairgrounds of the Association. "Courtesy" cards or notices of materials on loan cannot be displayed in exhibit booths without the written permission of the Association. The Exhibitor agrees he/she will not conduct or permit to be conducted upon the space contracted to the Exhibitor, under penalty of forfeiture of said contract and any sums paid thereon and ejection from the fairgrounds, any game of chance, lottery, or scheme that may be defined as gambling within the laws of this State. The said Exhibitor further agrees he/she will not conduct or permit any show or exhibit which the Association may deem discreditable, immoral, or against the rules governing the Fair. The Exhibitor agrees that he/she will not sell, exchange, or barter or permit his/her employees to sell, exchange, or barter any privilege ticket or admission ticket to the Fairgrounds issued to said Exhibitor or his/her employees. 1992 Page #9 36 10' x 10' BOOTH ,r The Association will provide flame -proof draperies for all booths in the Yakima Valley SunDome only. The backwalls will be 8 feet high and the sidewalls 3 feet. The height of any backwall or exhibit/display materials, this includes signage, may not exceed 8 feet and may not extend more than 4 feet from the backwall on each side. From that point to the aisle (front of the booth), no exhibit/display material may exceed 3 feet in height. If an Exhibitor does choose to use their own walls, the backs of the exposed areas must be finished so as not to be objectionable to adjacent Exhibitors and must meet approval by the Association. No built-up exhibits or other construction, including signage, shall exceed 8 feet in background height including company name or other advertising. All carpets must be taped down on all edges. 1992 Page #10 GIVEAWAYS All giveaway items must be approved in writing by the Association before September 1 (please see application form on page 18) and those items subsequently included on the Concession and Exhibit Contract. With written approval you are allowed to give out food samples from within your assigned booth space only. Food sample preparation must meet Health District standards. NOTE: UNDER NO CIRCUMSTANCES WILL BALLOONS, EITHER INFLATED OR DEFLATED, BE PERMITTED AS GIVEAWAY ITEMS FROM ANY BOOTH NOR WILL BALLOONS BE PERMITTED AS DECORATIONS IN ANY INDOOR DISPLAY. GOLF/UTILITY CARTS A special permit is required to operate golf carts or other utility vehicles on the fairgrounds. Permits may be purchased for $10.00 per vehicle at the Admissions Window of the Shattuck Office Building when picking up passes. You must present a copy of your insurance policy listing the vehicle(s) as insured in order to obtain permits. Carts are not to be operated on the fairgrounds during the hours the gates are open to the public. The Association reserves the right to revoke your permit at any time without refund of permit fee. NO VEHICLES ARE PERMITTED IN THE PEDESTRIAN TUNNEL. THIS WILL BE STRICTLY ENFORCED. INSURANCE The Association requires all Exhibitors to have a Commercial General Liability Coverage Policy that they shall provide and maintain throughout their occupancy of Fair premises. The policy should include the following: 1. Everyone that sells a product, gives away something, has a display on the Fairgrounds, or sells or distributes consumable food, must have a Commercial General Liability insurance policy with limits of not less than One Million Dollars ($1,000,000) Combined Single Limit Per Occurrence and One Million Dollars ($1,000,000) Aggregate for bodily injury to one or more persons and property damage. 2. Coverage shall be of the Commercial Liability type in usual use, and shall include Products Liability. 3. The Exhibitor shall be named insured on the policy, and the CENTRAL WASHINGTON FAIR ASSOCIATION, ITS OFFICERS, AGENTS, AND EMPLOYEES, AND THE BOARD OF YAKIMA COUNTY COMMISSIONERS, SHALL BE ADDITIONAL INSUREDS thereon. Please inform your insurance agency to be sure they include this on the policy exactly as underlined. Certificates will not be accepted without this. 4. The Association shall be notified at least fifteen (15) days in advance of any reduction in or cancellation of the coverage. 1992 Page #11 5. Certificates showing compliance with the above requirements, including Products Liability, shall be deposited with the Association with the first payment on the Concession and Exhibit Contract. ADDITIONAL CONDITIONS: A. The Association reserves the right to require a complete text of the liability policy. B. All significant limitations and exclusions must be identified and included in the Certificate of Insurance. C. The Association reserves the right to reject any Certificate of Insurance or other evidence of coverage if in their opinion such coverages do not meet their standards or comply with insurance requirements or fails to provide adequate protection. D. The Association may, at its sole discretion, require higher limits of bodily injury and property damage liability insurance. Additional coverages may be required depending on exposure of risk. 6. If you do not have your own insurance you may obtain it under the Association's coverage for the duration of the Fair. You may secure it by filling out the enclosed application form and ATTACHING A CHECK (no checks accepted after September 1) FOR $60.00 (plus $40.00 for every additional location) PAYABLE TO: HAAS-WILKERSON-WOHLBERG INSURANCE AGENCY. Do not include this payment in a check to the Central Washington State Fair. To cover your insurance obligations under our contract, return the white, canary, and pink copies of the insurance application form and the check. Keep the goldenrod copy of insurance form as evidence of coverage. PASSES Exhibitors will be provided a limited number of passes and a parking sticker, at no cost, as a part of their contract. A limited number of additional passes and parking stickers may be purchased by the Exhibitor at an additional fee. These credentials are intended for people who will be staffing the Exhibitor's contracted space and ARE NOT FOR CUSTOMERS AND FRIENDS. Credentials may be picked up at the Admissions Window of the Shattuck Office Building beginning Friday, September 18, by the Exhibitor or the Exhibitor's authorized representative who must sign for these credentials. NO CREDENTIALS WILL BE MAILED. Additional credentials may be purchased after this date at the Admissions Window of the Shattuck Office Building. Passes must be in the possession of the Exhibitor and/or the Exhibitor's employees in order to enter the fairgrounds once the Fair has officially opened -- if not, you will be required to pay full gate admission to enter the grounds. Make sure your employees are aware of this. 1992 Page #12 Credentials are not to be duplicated, used in connection with any promotion during the Fair, nor will money be refunded for purchase of any credential under any circumstance. IF A CREDENTIAL IS LOST, IT WILL NOT BE REPLACED OR REFUNDED. Exhibitor, Exhibitors' agent(s), and employees further understand and agree that they are prohibited from selling or reissuing any Central Washington State Fair credentials for public sale. No credentials will be issued, under any circumstances, until all applicable fees are paid in full and an approved certificate of insurance has been received by the Association. The Exhibitor agrees that he/she will not sell, exchange, or barter or permit his employees to sell, exchange, or barter any privilege ticket or admission ticket to the Fairgrounds issued to said Exhibitor or his employees. PHOTO I.D. BADGES Exhibitors may, if they choose, purchase official Fair photo identification badges at the Admissions Window of the Shattuck Office Building after securing their Exhibitor passes. Photo I.D. badges serve as gate admission throughout the run of the Fair and eliminate the need to secure a hand -stamp upon exiting, if you intend to return within the same day. Exhibitor's are encouraged to consider using photo I.D. badges for their key personnel. Exhibitors will be permitted to exchange the credentials they receive, plus a fee, for photo identification badges, or, simply pay a flat fee for badges. Additional information will be available in the Exhibitor packets. Photo I.D. badges are non -transferable. POST OFFICE Postal services will be available in Pioneer Hall during the Fair. Incoming mail for Exhibitors will be held at the Administration Building for pick-up. RAFFLES Any raffle must comply with the rules and regulations established by the Washington State Gambling Commission; 4511 Woodview Drive, S.E.; Lacey, WA 98504. In the event permission is granted, the Exhibitor must assure the Association, by letter, that he will use the names for himself only. The Association must give approval in writing for all raffles. The winners must be reported to the Association at the close of the Fair. A copy of the Washington State Gambling permit must be submitted to the Association by September 1. 1992 Page #13 REFUNDS AND SALES AGREEMENTS Post your policy regarding refunds on merchandise within your booth so that it is visible to the customers. You must provide refund information to all customers and give a telephone number and address for them to contact if they have a question. Your refund policy must also be stated on the order sheet or in the brochure you give to customers. SALES TAX NUMBER Any organization or person making sales must have a Washington State sales tax number. Contact the Washington State Department of Revenue; 1714 South 16th Avenue; Yakima, WA 98902; 509/575-2783. PLEASE NOTE: The Association must have your Washington State sales tax number before September 1. SECURITY The Association employs guards, traffic directors, and other personnel to protect property on the grounds and assure the safety of persons. The Association and its officers and employees cannot and will not accept responsibility and/or liability for any damage or injury resulting from theft, fire, the elements, accidents, or other conditions or causes, whether to exhibits, property of Exhibitors, vehicles on the grounds, and articles left therein, or any other property of any nature whatsoever. The buildings will be secured at closing times and locked as soon as possible. There will be no restocking of booths after closing time. Security personnel will admit authorized exhibit personnel to the buildings after 7:30 a.m. each day of the Fair for restocking. Identification will be required. The Association assumes no responsibility for materials in the booths. If you have anything in your display that could easily be carried away, we suggest you take it with you when you leave each evening. SIGNAGE All signage must be of a first-class quality and signs CANNOT EXTEND INTO THE AISLES but must be confined to the booth area or space allocated. The Association shall have the right to require an Exhibitor to remove any sign considered, in the Association's opinion, to be undesirable. Where price signs are utilized, signs must be small, neat, and inoffensive. The Association shall have the right to require an Exhibitor to remove any sign which is considered undesirable. 1992 Page #14 SOLICITATIONS The Central Washington State Fairgrounds is private property. Begging or soliciting is positively prohibited. No roving vendor or solicitor, acting from a profit, non-profit, religious, eleemosynary, or other organization, or on its behalf, shall be permitted on the fairgrounds. All solicitations for either contributions or sale must be made from within the confines of a booth or display area that has been leased, in writing, from the Association. No person shall be permitted to distribute advertising matter, handbills, fliers, tokens, or other matter upon the fairgrounds of the Association except from their leased exhibit booth or display space. The tacking or posting of any advertisement, bill, sign, banner, or printed matter other than within the contracted space occupied by the Exhibitor or concessionaire is strictly prohibited. Anyone violating this rule is subject to removal from the Central Washington State Fairgrounds. SOUND DEVICES Permission for the use of sound producing apparatus must be obtained, in writing, from the Association. This apparatus must be of such nature as not to cause annoyance or inconvenience to other exhibitors, concessionaires, or visitors. No sound devices (record players, tape recorders, loud speakers, etc.) shall be allowed unless they are an integral part of the item(s) on sale. All Exhibitors desiring to use P.A. systems or other noise -making devices must have the written approval of the Association (please see application form on page #18). Those Exhibitors with approved noise -making devices may have their privilege revoked if the noise level becomes too loud. Undue noise shall be determined by the Association. TELEPHONE SERVICE Exhibitors desiring telephone service at their display shall make their own arrangements direct with US West Communications for line installation. Telephone service may not be available in certain locations. Telephone service personnel may have access to display areas AFTER TUESDAY, SEPTEMBER 22, 1992. VEHICLES Vehicles will be allowed on the fairgrounds to service commercial and concession displays between midnight and 9:00 a.m. ONLY during the Fair. NO VEHICLE WILL BE PERMITTED ON THE FAIRGROUNDS AFTER 9:00 A.M. DURING THE FAIR. Security personnel have instructions to tow any vehicle remaining on the fairgrounds after 9:00 a.m. and the vehicle will be impounded at the owner's risk and expense. 1992 Page #15 Do not park in front of building doorways, block vehicle lanes, or park in specified fire lanes when unloading/loading. Unload/load your vehicle quickly and remove the vehicle from the fairgrounds as soon as possible. Commercial vendors making deliveries on the fairgrounds during the Fair are required to have a Delivery Permit credential on the windshield of their vehicles. Delivery Permits may be purchased at the Admissions Window of the Shattuck Office Building prior to the opening day of the Fair. Any delivery by a vendor during the Fair must be made before 9:00 a.m. NO EXCEPTIONS. All vehicles with authorized Fair parking credentials are to be parked in the area designated by the credential. The parking credential must remain attached to the windshield of the vehicle at all times the vehicle is parked in the designated parking area or the vehicle will be towed by fairgrounds security and impounded at the owner's expense and risk. A separate parking area for stock trailers and trucks will be available without electrical power. This area is for fixed -base units that will not move the entire run of the Fair. Once parked in this area, vehicles cannot be removed until after the Fair has officially closed on Saturday, October 3 -- approximately midnight. An area to park food storage/prep vehicles requiring electrical service will be available, however, there will be very limited space. Space will be allocated on a first come/first serve basis. This area is not to be used for overnight camping and/or living quarters. Any evidence of such will cause the vehicle so used to be removed from the area. 1992 Page #16 RECREATIONAL VEHICLE PARKING A recreational vehicle park with water and electrical hookups, two sanitary dump stations, and a shower/restroom facility is available in the infield of the race track. Access is via a tunnel which measures 11'4" in height. A pedestrian tunnel provides access to the fairgrounds. Space will be reserved on a first received, first reserved basis. You will be required to show appropriate vehicle stickers to enter the R/V park and admission passes will be required at the pedestrian tunnel. These admission passes are not included in the R/V space fee. To reserve space, please complete this form and return it with your check or money order to: Central Washington State Fair; P.O. Box 1381; Yakima, WA 98907. Your R/V park credentials will be available at the Admissions Window of the Shattuck Office Building after Friday, September 18, 1992. APPLICATION FOR R/V PARKING RESERVATION NAME: EXHIBIT/CONCESSION NAME: ADDRESS: TELEPHONE: FEE FOR ENTIRE RUN OF FAIR = $100.00 PER UNIT* *Vehicles arriving prior to Thursday, September 24, 1992 will be charged at the rate of $10.00 per vehicle per night. All vehicles must be out of the park by Monday, October 5, 1992. Enclosed please find $ for R/V camping space at the 1992 Central Washington State Fair. I understand this reservation, if accepted, entitles me to receive from the Fair the proper vehicle stickers to enter the R/V park. I further understand that admission passes will be required at the pedestrian tunnel and that these passes are not included with the fee for the camping space. Signature Date Type of R/V Length of R/V For Office Use Only: Receipt #: Date: 1992 Amount: Space #: Page #17 1992 CENTRAL WASHINGTON STATE FAIR APPLICATION FOR GIVEAWAYS, FREE DRAWINGS, RAFFLES, OR P.A. SYSTEMS. This application must be submitted to the Fair Association for consideration by September 1, 1992. Company Name (as shown on Contract): Space Number/location/building: GIVEAWAYS - Request permission to giveaway the following items: 1. 3. 2. 4. FREE DRAWING - Request permission to conduct a free drawing for the following items: 1. 3. 2. 4. RAFFLE - Request is made to conduct a raffle for the following prizes: Raffle must follow Washington State Gambling Commission rules and copy of the permit must be submitted to the Association by September 1, 1992. 1. 3. 2. 4. I understand that the names and addresses of all winners from the drawing and raffle must be submitted to the Association within one week following the close of the Fair. P.A./MICROPHONE SYSTEM - Request permission to use a P.A. system or microphone in the space assigned. I agree to keep the volume controlled so it will not interfere with other Exhibitors. I understand the privilege of its use may be revoked by the Association at its discretion. Type of device: Signature of applicant Approved Disapproved Central Washington State Fair Date Complete and return this form to: Central Washington State Fair P. 0. Box 1381; Yakima, WA 98907 1992 Page #18 IMPORTANT: SEND THIS FORM TO YOUR INSURANCE COMPANY 1992 Central Washington State Fair September 25 - October 3, 1992 INSURANCE The Association requires all Exhibitors to have a Commercial General Liability Coverage Policy that they shall provide and maintain throughout their occupancy of Fair premises. The policy should include the following: 1. Everyone that sells a product, gives away something, has a display on the Fairgrounds, or sells or distributes consumable food, must have a Commercial General Liability insurance policy with limits of not less than One Million Dollars ($1,000,000) Combined Single Limit Per Occurrence and One Million Dollar ($1,000,000) Aggregate for bodily injury to one or more persons and property damage 2. Coverage shall be of the Commercial Liability type in usual use, and shall include Products Liability. 3. The Exhibitor shall be named insured on the policy, and the CENTRAL WASHINGTON FAIR ASSOCIATION, ITS OFFICERS, AGENTS, AND EMPLOYEES, AND THE BOARD OF YAKIMA COUNTY COMMISSIONERS, SHALL BE ADDITIONAL INSUREDS thereon. Please inform your insurance agency to be sure they include this on the policy exactly as underlined. Certificates will not be accepted without this. 4. The Association shall be notified at least fifteen (15) days in advance of any reduction in or cancellation of the coverage. 5. Certificates showing compliance with the above requirements, including Products Liability, shall be deposited with the Association with the first payment on the Concession and Exhibit Contract. ADDITIONAL CONDITIONS: A. The Association reserves the right to require a complete text of the liability policy. B. All significant limitations and exclusions must be identified and included i the Certificate of Insurance. C. The Association reserves the right to reject any Certificate of Insurance or other evidence of coverage if in their opinion such coverages do not meet their standards or comply with insurance requirements or fails to provide adequate protection. D. The Association may, at its sole discretion, require higher limits of bodily injury and property damage liability insurance. Additional coverages may be required depending on exposure of risk. 6. If you do not have your own insurance you may obtain it under the Association's coverage for the duration of the Fair. You may secure it by filling out the enclosed application form and ATTACHING A CHECK (no checks accepted after September 1) FOR $60.00 (plus $40.00 for every additional location) PAYABLE TO: HAAS-WILKERSON-WOHLBERG INSURANCE AGENCY. Do not include this payment in a check to the Central Washington State Fair. To cover your insurance obligations under our contract, return the white, canary, and pink copies of the insurance application form and the check. Keep the goldenrod copy of insurance form as evidence of coverage. Central Washington State Fair P. 0. Box 1381; Yakima, WA 98907 Phone: 509/248-7160 Fax: 509/248-8093 INSURANCE APPLICATION USER LIABILITY COVERAGE FOR INDEPENDENT CONCESSIONAIRES AND EXHIBITORS AT THE CENTRAL WASHINGTON STATE FAIR - YAKIMA, WASHINGTON SEPTEMBER 25, 1992 THROUGH OCTOBER 3, 1992 INCLUSIVE Premiums: $60.00 for first location and $40.00 for each additional location. Limits of Liability: One Million Dollars ($1,000,000) General Aggregate Limit (other than products -completed operations) One Million Dollars ($1,000,000) Each Occurrence Limit One Million Dollars ($1,000,000) Products -completed operations aggregate Coverages: Commercial Liability excluding: Medical Payments Pollution & Asbestos Nuclear Energy Participant Liability Liquor Liability Non -owned & hired auto Fireworks Liability Personal & Advertising. Injury Liability PLEASE PRINT OR TYPE Description of operations (what will you be selling/displaying): Company name: Address: Telephone: X City State ZIP ( ) Signature of applicant DIRECTIONS: Retain Customer (Goldenrod) copy for your evidence of coverage. Forward original (white) and remaining copies with payment (NO CHECKS ACCEPTED AFTER SEPTEMBER 1) payable to: HAAS-WILKERSON-WOHLBERG INSURANCE c/o Central Washington State Fair P. 0. Box 1381; Yakima, WA 98907 Phone: 509/248-7160 Fax: 509/248-8093 Liability insurance for exhibitors/concessionaires provided by National Fire Insurance Company of Hartford through the Haas-Wilkerson-Wohlberg Agency in Shawnee Mission, KS. H -W -W INSURANCE H -W -W INSURANCE C.W.S. FAIR CUSTOMER WHITE CANARY PINK GOLDENROD