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CC - Item 4D - Award of Contract to Schoeppner Shows Carnival for Services at the Annual July 4th EventROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: MAY 12, 2026 SUBJECT: AWARD OF CONTRACT TO SCHOEPPNER SHOWS CARNIVAL FOR SERVICES AT THE ANNUAL JULY 4 EVENT CTTMMARV The Parks and Recreation Department is seeking the City Council to approve a contract with Schoeppner Shows Carnival. The contract is to provide carnival rides, games, and services for the Annual July 4th Event at Rosemead Park. As part of the Proposed Fiscal Year 2026-27 budget, $130,000 has been requested for the July 41h Event. Staff recommends that the City Council authorize the City Manager to approve an agreement with Schoeppner Shows Carnival for $52,000. DISCUSSION Staff from the Parks and Recreation Department investigated various options for entertainment services for the Annual July 4th Event at Rosemead Park. As a result, a Request for Proposal (RFP) was drafted and published on March 26, 2026, with a due date of April 16, 2026. The RFP is provided as an attachment to this report. Only one company, Schoeppner Shows Carnival, responded to the RFP. Schoeppner Shows Carnival has been an established family business since 1983. They have built a strong reputation throughout Southern California and Nevada and provides exceptional services at county fairs, city events, and church festivals. Schoeppner has provided carnival services for the past few years. The company will begin to load in at Rosemead Park on Monday, June 29, with the final setup completed on Friday, July 3. The company will provide the following rides, services, and equipment. • 5 Minor Rides • 5 Major Rides • 7 games booths • 2 food booths • Generators for all attractions AGENDXITE-W4.IS City Council Meeting May 12, 2026 Page 2 of 2 • Staff to operate rides, games, and food booths As part of the agreement, Schoeppner Shows Carnival will obtain all required operating permits. The City of Rosemead will provide restrooms and a trash bin for carnival personnel. The company will pay for all permits. STAFF RECOMMENDATION Staff recommends that the City Council authorize the City Manager to approve an agreement with Schoeppner Shows Carnival in amount not -to -exceed $52,000, from account number 101- 4040-5710. FISCAL IMPACT The total amount for the contract is $52,000. Funds are available in the proposed FY 26-27 budget from the General Fund, account number 101-4040-5710. STRATEGIC PLAN IMPACT The project is consistent with the Strategic Plan's guiding principle for fiduciary responsibility of providing full transparency in the financial management of the City's finances and providing quality of life enhancement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification. Submitted by: l, Tom Joecking Director of Parks & Recreation Attachment A: Proposed Agreement Attachment B: Request for Proposal Attachment C: Schoeppner Shows Carnival Proposal CITY OF ROSEMEAD PURCHASE AGREEMENT WITH SCHOEPPNER SHOWS CARNIVAL THIS AGREEMENT is made and entered into effective as of May 12, 2026, by and between the CITY OF ROSEMEAD, a general law city, located in the County of Los Angeles, State of California ("CITY") and Schoeppner Shows Carnival, with its principal place of business located at 41910 27th St. W, Palmdale, CA 93551 ("VENDOR"). WITNESSETH: For and in consideration of the promises and of the mutual covenants and agreements herein contained, said parties hereby agree as follows: 1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts: (a) Request for Proposals No. 2026-03 was issued for the provision of 4th of July entertainment services. Proposers were required to submit a proposal on or before April 16, 2026. (b) That at its regular meeting held on May 12, 2026, the City Council accepted the proposal of Schoeppner Shows Carnival, as the lowest total cost commensurate with the quality and scope needed. (c) The City Council directed that a written contract be entered into with VENDOR upon the terms and conditions as hereinafter set forth. 2. SERVICES. VENDOR will provide the work and services listed in the proposal's scope of services attached hereto as Exhibit A, incorporated herein by reference. VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional, and satisfactory manner. -1- Vendor Agreement Over $50K 4929-1960-5892 v 1 3. CONTRACT PRICE AND PAYMENT. A. VENDOR's Fee For services rendered pursuant to this Agreement, VENDOR will be paid in accordance with the compensation schedule included in the Proposal, attached hereto as Exhibit A, provided, however, that in no event will the total amount of money paid to VENDOR, for services initially contemplated by this Agreement, exceed the sum of $52,000, unless otherwise first approved in writing by CITY. Should this Agreement be renewed, the VENDOR's fee may be adjusted upon the written agreement of the parties. B. Schedule of Payment Provided the VENDOR is not in default under the terms of this Agreement, upon presentation of an invoice, VENDOR will be paid the fees described as provided herein above. Payment will be due within thirty (30) days after the date of the invoice. The City agrees to pay the VENDOR an initial deposit of $22,000 no later than June 17, 2026. The remaining balance of $30,000 is due to the VENDOR on the day of event, July 4, 2026. 4. TERM Unless terminated earlier as provided herein below, the Agreement will continue in full force and effect through July 8, 2026. Upon mutual written agreement, the term of this Agreement can be extended annually for an additional one (1) year period as the parties agree. 5. BUSINESS LICENSE; OTHER LICENSES AND PERMITS A. The VENDOR must obtain a CITY business license prior to the start of work under this Agreement, unless VENDOR is qualified for an exemption. B. VENDOR warrants that it has all professional, contracting, and other permits and licenses required to undertake the work contemplated by this Agreement. 6. TERMINATION OF AGREEMENT. The CITY shall have the right to terminate this AGREEMENT upon giving a ten (10) day advance written notice of such termination to VENDOR. In the event of such termination, the City Manager, or his or her designee, based upon services accomplished by VENDOR prior to notice of such termination, shall determine the amount of fees to be paid to VENDOR for such services based upon accepted practices within VENDOR'S -2- Vendor Agreement Over $50K 4929-1960-5992 vl field, and such finding by the City Manager, or his or her designee, shall be final and conclusive as to the amount of such fee. 7. INDEPENDENT CONTRACTOR. VENDOR shall act as an independent contractor in the performance of the services provided for in this AGREEMENT and shall furnish such services in VENDOR's own manner and method and in no respect shall VENDOR be considered an agent or employee of the CITY. 8. NONASSIGNMENT. This AGREEMENT is not assignable, either in whole or in part, by VENDOR without the written consent of CITY. 9. INDEMNIFICATION. To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), VENDOR shall defend, indemnify, and hold harmless, CITY, its elective and appointive boards, officers, agents, employees, and volunteers from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from VENDOR's negligent acts, errors or omissions under this AGREEMENT. VENDOR agrees to, and shall defend CITY and its elective and appointive boards, officers, agents, employees, and volunteers from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omission; provided (a) That CITY does not, and shall not, waive any rights against VENDOR which it may have by reason of the aforesaid hold -harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by VENDOR, of any of the insurance policies hereinafter described in this AGREEMENT. (b) That the aforesaid hold -harmless AGREEMENT by VENDOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of VENDOR, or any subcontractor of VENDOR, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (c) The provisions of this section do not apply to Claims occurring as a result of the CITY's sole negligence or willful acts or omissions. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the sole or active negligence of the CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY's defense until such time as a final judgment has been entered adjudicating the CITY as solely or actively negligent. VENDOR will not be entitled in the absence of such a determination to any -3- Vendor Agreement Over $50K 4929-1960-5892 v I reimbursement of defense costs including but not limited to attorney's fees, expert fees, and costs of litigation. 10. INSURANCE. VENDOR shall not commence any work under this AGREEMENT shall have obtained and shall maintain for the entire term of the AGREEMENT all insurance required by this AGREEMENT, and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall VENDOR allow any subcontractor of VENDOR to commence work on any subcontract, until all similar insurance required of the subcontractor of VENDOR shall have been so obtained and approved. Any delays caused by VENDOR's or its subcontractors' failure to procure or maintain required insurance are inexcusable and shall not be a basis for extending the time for completion, and the City shall not be liable for reimbursing VENDOR for costs due to such delay. A. WORKERS' COMPENSATION INSURANCE. VENDOR shall take out and maintain, during the life of this contract, Workers' Compensation Insurance and Employer's Liability Insurance for all of VENDOR'S employees employed to perform the SERVICES as described section 2 of the AGREEMENT; and, if any work is sublet, VENDOR shall require the subcontractor of VENDOR similarly to provide Workers' Compensation Insurance and Employers' Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the latter's employees, unless such employees are covered by the protection afforded by VENDOR. If any class of employees engaged in work under this AGREEMENT is not protected under any Workers' Compensation law, VENDOR shall provide and shall cause each subcontractor of VENDOR to provide adequate insurance for the protection of employees not otherwise protected. VENDOR shall indemnify CITY for any damage resulting to it from failure of either VENDOR or any subcontractor of VENDOR to take out or maintain such insurance. (i) Workers Compensation Insurance in the amount of not less than Statutory Limits set by the State of California. (ii) Employer's Liability Insurance in the amount of not less than ONE MILLION DOLLAR ($1,000,000). B. COMMERCIAL GENERAL LIABILITY, PROFESSIONAL LIABILITY, AND AUTOMOBILE LIABILITY INSURANCE. (i) Commercial General Liability Insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include -4- Vendor Agreement Over $50K 4929-1960-5892 v1 contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (ii) Professional Liability (Errors & Omissions) Insurance. VENDOR shall maintain professional liability insurance that covers the Services to be performed in connection with this agreement, in the minimum of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and VENDOR agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (iii) Automobile Liability Insurance. VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the VENDOR arising out of or in connection with work to be performed under this agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. C. PROOF OF INSURANCE. VENDOR shall provide certificates of insurance and required endorsements to CITY as evidence of insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY prior to the commencement of work. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. D. NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing VENDOR or any subcontractor to commence work under this AGREEMENT until VENDOR has provided to the CITY Clerk the proof of insurance as required. E. DURATION OF COVERAGE. VENDOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of work hereunder by VENDOR, their agents, representatives, employees, or subcontractors. F. PRIMARY/NONCONTRIBUTING. Coverage provided by VENDOR shall be primary and an insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of -5- Vendor Agreement Over $50K 4929-1960-5892 vl insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as named insured. G. CITY'S RIGHTS OF ENFORCEMENT. In the event any policy of insurance required under this agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR'S payments. In the alternative, CITY may cancel this agreement. H. ACCEPTABLE INSURERS. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholder's Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best' Key Rating Guide, unless otherwise approved by the Director of Human Resources & Risk Management. I. WAIVER OF SUBROGATION. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, representatives and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subcontractors. J. ENFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL). VENDOR acknowledges and agrees that any actual or alleged failure on part of the CITY to inform VENDOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. K. REQUIREMENTS NOT LIMITING. Requirements of specific coverage features or limits contained in this section are not intended as limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the VENDOR Vendor Agreement Over $50K 4929-1960-5892 v 1 maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. L. NOTICE OF CANCELLATION. VENDOR agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the VENDOR'S insurers are unwilling to provide such notice, then VENDOR shall have the responsibility of notifying the CITY immediately in the event of VENDOR'S failure to renew any of the required insurance coverages, or insurer's cancellation or nonrenewal. M. ADDITIONAL INSURED STATUS. General Liability, Automobile Liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, representatives, and volunteers shall be additional insureds under such policies. N. PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. O. SEPARATION OF INSUREDS. A severability of interests provision must apply for all additional insureds ensuring that VENDOR'S insurance shall apply separately to each insured again whom claim is made or suit is brough, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. P. PASS THOUGH CLAUSE. VENDOR agrees to ensure that its subcontractors, and any other party who is brough onto or involved in the project/service by VENDOR (hereinafter collectively "subcontractor"), provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event VENDOR'S subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, VENDOR shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor's scope of work and services, with limits less than required of the VENDOR, but in all other terms consistent with the VENDOR's requirements under this agreement. This provision does not relieve the VENDOR' of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. IVA Vendor Agreement Over $50K 4929-1960-5892 vl This provision is intended to solely provide VENDOR with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the VENDOR under this agreement given the limited scope of work or services provided by the subcontractor. CONSULANT agrees that upon request, all agreements with subcontractors, and others engaged in this project, will be submitted to CITY for review. Q. CITY'S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the right to at any time during the term of the contract to change the amounts and types of insurance required by giving the VENDOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the VENDOR, the CITY and VENDOR may renegotiate the VENDOR'S compensation. R. SELF -INSURED RETENTIONS. Any self -insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administrative, and defense expenses within the retention through confirmation from the underwriter. S. TIMELY NOTICE OF CLAIMS. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR'S performance under this agreement, and that involve or may involve coverage under any of the required liability policies. T. ADDITIONAL INSURANCE. VENDOR shall also procure and maintain, at this own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 11. VENDOR'S RECORDS Records of the VENDOR's time pertaining to the services and records of accounts between the CITY and the VENDOR will be kept on a generally recognized accounting basis. VENDOR will also maintain all other records, including without limitation invoices, correspondence, specifications, drawings, progress reports, and the like, relating to the VENDOR's services. All records will be available to CITY during normal working hours. VENDOR will maintain these records for three (3) years after final payment. 12. RETENTION OF FUNDS VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, -8- Vendor Agreement Over $50K 4929-1960-5892 vl liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR's acts or omissions in performing or failing to perform VENDOR's obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this Agreement. 13. NON-DISCRIMINATION. VENDOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual preference, in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 14. NON -LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of CITY will be personally liable to VENDOR, in the event of any default or breach by the CITY or for any amount that may become due to VENDOR under this Agreement. 15. INDEPENDENT CONTRACTOR A. VENDOR is and shall at all times remain as to the CITY a wholly independent contractor. VENDOR's employees performing the services under this Agreement on behalf of VENDOR shall at all times be under VENDOR's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of VENDOR or any of VENDOR's employees, except as set forth in this Agreement. VENDOR shall not at any time or in any manner represent that it or any of its employees or agents are in any manner employees or agents of the CITY. VENDOR shall not incur nor have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. B. No employee benefits shall be available to VENDOR in connection with the performance of this Agreement. Except for the fees paid to VENDOR as provided in the Agreement, CITY shall not pay salaries, wages, or other compensation to VENDOR and/or its employees for performing work or services hereunder for CITY. CITY shall not be liable for compensation or indemnification -9- Vendor Agreement Over $50K 4929-1960-5892 vl to VENDOR for injury or sickness to its employee(s) arising out of performing work or services hereunder. 16. SUBCONTRACTORS Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this Agreement, VENDOR must: A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY; B. Present to the CITY the form of subcontract that will be used with the subcontractor for CITY's approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained herein of this Agreement and must specifically name the CITY as an indemnified party; and C. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the CITY as an additional insured as required by this Agreement, unless such requirement is waived in writing by the CITY as provided herein below. 17. UNAUTHORIZED ALIENS. VENDOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USC 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should VENDOR so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, VENDOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the CITY in connection therewith. 18. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition or covenant hereof. 19. ATTORNEYS' FEES. If litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable attorneys' fees, in addition to any other relief to which it may be entitled. 20. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. -10- Vendor Agreement Over $50K 4929-1960-5892 v 1 21. PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are cumulative, and in addition to, and not in limitation of, any rights or remedies available to CITY. 22. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this AGREEMENT have been negotiated and discussed between the parties and their attorneys, and this AGREEMENT reflects their mutual AGREEMENT regarding the same. Because of the nature of such negotiations and discussions it would be inappropriate to deem any party to be the drafter of this AGREEMENT; and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter, shall be applicable in interpreting or enforcing this AGREEMENT. 23. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party as follows: A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this AGREEMENT, and all related documents; and, B. That each party has lawfully authorized the execution of this AGREEMENT. 24. MODIFICATION. This AGREEMENT shall not be modified, except by written AGREEMENT of the parties. 25. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California. 26. NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this AGREEMENT, such notice may be furnished in writing by either party to the other, and shall be served by personal service, as required in judicial proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows: CITY: Tom Boecking City of Rosemead 8838 East Valley Boulevard Rosemead CA 91770 Tel: 626 569-2161 Email: tboecking(cD-rosemeadca.gov VENDOR: Philip Schoeppner 41910 27t" St. W Palmdale, CA 93 Tel: 661 943-6294 -11- Vendor Agreement Over $50K 4929-1960-5892 vl Email: p.schoeppner(a-)_aol.com 27. EFFECTIVE DATE AND EXECUTION. This AGREEMENT shall be effective from and after the date set forth in the first paragraph of this AGREEMENT. This AGREEMENT may be executed in counterparts. 28. FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts include, but are not limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, publicly regulated utility, or government statutes or regulations superimposed after the fact. Notwithstanding the foregoing, this provision shall only have effect if written notice of the force majeure event is given by the party claiming such excuse for delay within ten days of the commencement of such event. 29 ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized to bind the parties on their behalf. [signatures on the following page] -12- Vendor Agreement Over $50K 4929-1960-5892 vl CITY OF ROSEMEAD VENDOR SCHOEPPNER SHOW CARNIVAL Tax Payer ID: 95-3834411 Ben Kim, City Manager Date Signature: Print Name: Philip Schoeppner ATTEST: Title: Ericka Hernandez, City Clerk Date APPROVED AS TO FORM: (President, VP) Signature Print Name: Rachel Richman Date City Attorney Title: -13- Vendor Agreement Over $50K 4929-1960-5892 v I (Treasurer, Secretary) EXHIBIT A PROPOSAL/SCOPE OF WORK The Annual 41h of July Event will take place on Saturday, July 4, 2026. The event will take place at Rosemead Park, 4343 Encinita Ave, Rosemead, CA 91770 from 12:00 to 10:00 pm. The City requests that proposals contain the following: 1. Operations of 10 rides: a. Hustler Major b. Loop o Plane Major c. Swinger Major d. Round Up Major e. Heart Flip Major f. Castle Dare Minor g. Super Slide Minor h. Pirates Revenge Minor i. Skyfighter Minor j. Berry Go Round Minor k. A professional operator for each ride and attraction is required for the duration of the event. L. City will collect all monies and pay the amount agreed upon for each ride. 2. Operation of 7 game booths: a. All monies shall be collected by the Consultant. b. The Consultant will reimburse the City $200 per game booth for games that are not set up. c. List of Games i. Balloons, High Striker, Tubs, Grab Bag, Duck Pond, Goldfish, One Ball 3. Operation of 2 food concession booths: a. All monies shall be collected by the Consultant. 4. Operation of ride ticket sales booth, provided by the Consultant: a. Ticket booth will be staffed with City personnel. b. The City shall collect all monies. 5. Power Supply a. The Consultant will supply sufficient generator power for the operation of each ride or attraction for the duration of the event. -14- Vendor Agreement Over $50K 4929-1960-5892 vl 6. Provide personnel to operate rides, games booths, and concession booth for 10 operational hours of service. 7. The Consultant will pay for all operating permits. 8. The City of Rosemead will provide two (2) restrooms just for carnival personnel and one trash bin between July 1 and July 8, 2026. 9. The City will conduct a final ride inspection on Friday, July 3 at 3:00 pm at Rosemead Park. -15- Vendor Agreement Over $50K 4929-1960-5892 vl CITY OF ROSEMEAD 8838 E. Valley Boulevard Rosemead, California 91770 Request for Proposal (RFP) No. 20XX-XX Entertainment Services for 4th of July Event Proposal Submission Electronic: All interested proposers shall register and submit electronic proposals via the PlanetBids Vendor Portal: https://pbsystem.planetbids.com/portal/541 50/portal-home or Hardcopy: Submit three (3) bound copies and one (1) electronic PDF file on a flash drive in a sealed envelope delivered to the City Clerk's Office at 8838 E. Valley Boulevard, Rosemead, CA 91770 Proposals Due: April 16, 2026 at 10:30 am Proposals received after the time and date stated above will not be considered. Contact Person: Jacqueline Guerrero, Recreation Supervisor (626) 569-2268, Jguerrero@rosemeadca.gov Inquiries: Please direct any questions or concerns regarding this RFP on the City's PlanetBids Vendor Portal no later than Thursday, April 9, 2026, at 5:00 pm. Answers to submitted questions will be posted on PlanetBids. Modifications: Any modification of this RFP will be provided through the PlanetBids portal. Issuance Date: Thursday, March 26, 2026 City of Rosemead Overview The City of Rosemead is inviting qualified proposers to submit proposals for a one-year contract for entertainment services for the 2026 4th of July Event. The purpose of this RFP is to define the City's minimum requirements, solicit proposals, and gain adequate information by which the City may evaluate the services offered by proposer(s). The proposed term of the agreement is for the 2026 4th of July event. Background of the City The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown Los Angeles. The City is 5.2 square miles (2,344-acres) in size. Rosemead is a working-class suburb with a diverse population base. Rosemead operates under the Council/Manager form of government. The City Council is elected at large to four years, overlapping terms. The Mayor is elected by a majority vote of the City Council and rotates each year. The City Manager is appointed by and assists with carrying out the vision of the City Council. Scope of Services Please see Attachment B for the detailed scope of work for entertainment services at the 2026 4th of July event. Proposal Submission Requirements Electronic: Prospective bidders may submit an electronic proposal through the City's Vendor Portal Hosted by PlanetBids at: https://pbsystem. planetbids.com/portal/54150/portal-home or Hardcopy: Submit three (3) bound copies and one (1) electronic PDF file on a flash drive in a sealed envelope delivered to the City Clerk's Office at 8838 E. Valley Boulevard, Rosemead, CA 91770 All proposals shall be submitted no later than April 16, 2026, at 10:30 am Faxed emailed or late proposals will not be considered. The electronic copy must be in a searchable PDF format. City of Rosemead The proposal must be submitted in the format specified below: 1. Cover Letter: Provide a summary of the proposal, signed by a representative with the authority to negotiate and bind the proposer. Indicate any conflicts of interest. 2. Background, Experience, and Financial Stability: o Outline the proposer's history and experience within the last five years for related projects, including local experience; and o Provide a brief description of the proposer's financial stability and capacity to deliver services; and o Certify no pending litigation, bankruptcy proceedings or financial events against the organization within the last five years. 3. Table of Contents: Provide contents of proposal with page number references for each section listed below. 4. Approach and Scope of Work: Provide an understanding of the project, scope of work, schedule, and describe the approach in providing services. 5. References: Provide a minimum of four (4) references for similar projects. Include a contact name, title, company/organization, address, e-mail, and phone number. References will be contacted as a part of the selection process. Public Agency references highly desired. 6. City Contract and Insurance Requirements: Review Attachment A: Agreement Template and Insurance Requirements. Provide a statement acknowledging compliance with all terms of the sample Agreement or provide any comments/revisions for the City to consider. 7. Addenda Acknowledgement: If any Addenda is issued by the City, the proposer shall acknowledge it in this section. 8. Cost Proposal: Specify the proposed hourly and not -to -exceed costs. Include any other cost and price information that would be contained in an agreement with the City, and extra after- hours services or any other services that are considered optional additions. The proposed prices must remain valid for the entire period indicated unless otherwise. u City of Rosemead Evaluation Criteria Evaluation Criteria Categories: MAX POINTS Background and Qualifications 15 Project Understanding and Scope of Work 30 References and Past Experience 20 Responsiveness and Completeness 15 Cost Proposal 20 Total Possible Points 100 Additional categories applicable for Professional Services and contracts over $100K Community Benefit — Community Investment: maintains a physical business location within the City of Rosemead and holds a valid business license for at least one (1) year prior to the RFP release date, or (2) has satisfactorily completed work for the City within the past five 5 ears. 1 Community Benefit — Local Engagement: Commitment to participate in City -approved community service during the term of the contract. 4 Total Possible Points 105 *Community Benefit — Local Engagement: While the City does not prescribe specific qualifying activities, vendors are encouraged to propose services that offer meaningful community benefits. Examples include but are not limited to providing scholarships to Rosemead school -age residents, participating in City -sponsored cleanup events, engaging in local school programs such as reading to students, donating trees for City Earth Day celebrations, or maintaining active membership with the Rosemead Chamber of Commerce. All proposed activities are subject to City approval. M City of Rosemead Selection Process Proposals will be evaluated on the proposer's ability to provide services that meet the requirements set forth in this RFP. The City reserves the right to make such investigations as it deems necessary to determine the ability of the proposer to provide services meeting a satisfactory level of performance in accordance with the City's requirements. The proposer shall furnish such information and data for this purpose as the City may request, at no cost to the City. Interviews and presentations may be requested if deemed necessary to fully understand and evaluate the proposer's capabilities and qualifications. It is the City's intent to award a single contract to the proposer that can best meet the requirements of the RFP. The City reserves the right to award a contract to multiple or a single proposer, or to make no award, whichever is in the best interest of the City. If there are unresolved issues and negotiations are unsuccessful with the top -ranked proposer, negotiations with be formally terminated and the City may attempt to negotiate an agreement with the next highest ranked proposer. The City's right shall be continued until a satisfactory contract can be negotiated. Award of contract is subject to City Council approval. RFP Schedule Description RFP Available Deadline to Submit Questions City Response to Questions Posted on PlanetBids Vendor Portal Proposals Due Interviews (If necessary) Award of Contract Presented to City Council First Day of Contract Services Attachments Dates 03/26/2026 04/09/2026 04/13/2026 04/16/2026 04/21 /2026 05/12/2026 (Tentative) 07/01/2026 (Tentative) Attachment A — Agreement Template and Insurance Requirements Attachment B — Scope of Work Click or tap here to enter text. Click or tap here to enter text. City of Rosemead City's Reservation of Rights 1. By submitting a proposal in response to this RFP, the vendor accepts all terms of the attached sample agreement with no modifications. 2. Proposers shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete proposals may be considered non -responsive and may be rejected at the City's discretion. 3. All information, documentation, and other materials submitted in response to this solicitation are considered non -confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed. 4. The City is not liable for any pre -contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Proposers shall prepare and develop proposals at their sole cost and expense. 5. The City makes no representations of any kind that an award of an agreement will be made as a result of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any item/requirements from this RFP when deemed to be in City's best interest. 6. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal. 7. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn Proposal signed by the proposer's authorized representative. The City reserves the right to request proof of authorization to withdraw a Proposal. 8. The City may evaluate the proposals based on the anticipated completion of all or any portion of the project. The City reserves the right to divide the project into multiple parts, reject any and all proposals and re -solicit for new proposals, or reject any and all proposals and temporarily or permanently abandon the project. 9. The City may, in the evaluation of proposals, request clarification from proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted. 10. By submitting a proposal in response to this RFP, the vendor accepts the evaluation process, acknowledges and accepts that determination will require subjective judgments by the City and waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. City of Rosemead 11. The City of Rosemead expects the highest level of ethical conduct from proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior. 12. If an agreement cannot be reached with the highest -ranked proposer, City reserves the right to terminate negotiations with that party and enter into negotiations with the next highest - ranked proposer. 13. Finalists in the selection process may be asked to attend an interview once the RFP process is complete. 14. Acceptance of any proposal is contingent upon the proposer's certification and agreement by submitting its offer to comply and act in accordance with all provisions of the City's Municipal Code. 15.All proposals submitted shall be binding for 90 days from the date of submittal. n City of Rosemead Attachment A — Agreement Template and Insurance Requirements CITY OF ROSEMEAD PURCHASE AGREEMENT WITH [INSERT VENDOR NAME] THIS AGREEMENT is made and entered into effective as of , 2026, by and between the CITY OF ROSEMEAD, a general law city, located in the County of Los Angeles, State of California ("CITY") and , with its principal place of business located at ("VENDOR"). WITNESSETH: For and in consideration of the promises and of the mutual covenants and agreements herein contained, said parties hereby agree as follows: 1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts: (a) Request for Proposals No. was issued for the provision of services. Proposers were required to submit a proposal on or before (b) That at its regular meeting held on , the City Council accepted the proposal of as the lowest total cost commensurate with the quality and scope needed. (c) The City Council directed that a written contract be entered into with VENDOR upon the terms and conditions as hereinafter set forth. 2. SERVICES. VENDOR will provide the work and services listed in the proposal's scope of services attached hereto as Exhibit A, incorporated herein by reference. VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional, and satisfactory manner. 3. CONTRACT PRICE AND PAYMENT. A. VENDOR's Fee For services rendered pursuant to this Agreement, VENDOR will be paid in accordance with the compensation schedule included in the Proposal, attached hereto as Exhibit A, provided, M City of Rosemead however, that in no event will the total amount of money paid to VENDOR, for services initially contemplated by this Agreement, exceed the sum of [Amount], unless otherwise first approved in writing by CITY. Should this Agreement be renewed, the VENDOR's fee may be adjusted upon the written agreement of the parties. B. Schedule of Payment The City agrees to pay the VENDOR an The remaining balance of is initial deposit of no later than due to the VENDOR on the day of event, Provided the VENDOR is not in default under the terms of this Agreement, upon presentation of an invoice, VENDOR will be paid the fees described as provided herein above. Payment will be due within thirty (30) days after the date of the invoice. 4. TERM Unless terminated earlier as provided herein below, the Agreement will continue in full force and effect through July 5, 2026. Upon mutual written agreement, the term of this Agreement can be extended annually for an additional one (1) year period as the parties agree. 5. BUSINESS LICENSE; OTHER LICENSES AND PERMITS A. The VENDOR must obtain a CITY business license prior to the start of work under this Agreement, unless VENDOR is qualified for an exemption. B. VENDOR warrants that it has all professional, contracting, and other permits and licenses required to undertake the work contemplated by this Agreement. 6. TERMINATION OF AGREEMENT. The CITY shall have the right to terminate this AGREEMENT upon giving a ten (10) day advance written notice of such termination to VENDOR. In the event of such termination, the City Manager, or his or her designee, based upon services accomplished by VENDOR prior to notice of such termination, shall determine the amount of fees to be paid to VENDOR for such services based upon accepted practices within VENDOR'S field, and such finding by the City Manager, or his or her designee, shall be final and conclusive as to the amount of such fee. 7. INDEPENDENT CONTRACTOR. VENDOR shall act as an independent contractor in the performance of the services provided for in this AGREEMENT and shall furnish such services in VENDOR's own manner and method and in no respect shall VENDOR be considered an agent or employee of the CITY. 8. NONASSIGNMENT. This AGREEMENT is not assignable, either in whole or in part, by VENDOR without the written consent of CITY. 9. INDEMNIFICATION. To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), VENDOR shall defend, indemnify, and hold harmless, CITY, its elective and appointive boards, officers, agents, employees, and volunteers from any liability City of Rosemead for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from VENDOR's negligent acts, errors or omissions under this AGREEMENT. VENDOR agrees to, and shall defend CITY and its elective and appointive boards, officers, agents, employees, and volunteers from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omission; provided (a) That CITY does not, and shall not, waive any rights against VENDOR which it may have by reason of the aforesaid hold -harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by VENDOR, of any of the insurance policies hereinafter described in this AGREEMENT. (b) That the aforesaid hold -harmless AGREEMENT by VENDOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of VENDOR, or any subcontractor of VENDOR, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (c) The provisions of this section do not apply to Claims occurring as a result of the CITY's sole negligence or willful acts or omissions. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the sole or active negligence of the CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY's defense until such time as a final judgment has been entered adjudicating the CITY as solely or actively negligent. VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees, and costs of litigation. 10. INSURANCE. VENDOR shall not commence any work under this AGREEMENT shall have obtained and shall maintain for the entire term of the AGREEMENT all insurance required by this AGREEMENT, and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall VENDOR allow any subcontractor of VENDOR to commence work on any subcontract, until all similar insurance required of the subcontractor of VENDOR shall have been so obtained and approved. Any delays caused by VENDOR's or its subcontractors' failure to procure or maintain required insurance are inexcusable and shall not be a basis for extending the time for completion, and the City shall not be liable for reimbursing VENDOR for costs due to such delay. WORKERS' COMPENSATION INSURANCE. VENDOR shall take out and maintain, during the life of this contract, Workers' Compensation Insurance and Employer's Liability Insurance for all of VENDOR'S employees employed to perform the SERVICES as described section 2 of the AGREEMENT; and, if any work is sublet, VENDOR shall require the subcontractor of VENDOR similarly to provide Workers' Compensation Insurance and Employers' Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the latter's employees, unless such employees are covered by the protection afforded City of Rosemead by VENDOR. If any class of employees engaged in work under this AGREEMENT is not protected under any Workers' Compensation law, VENDOR shall provide and shall cause each subcontractor of VENDOR to provide adequate insurance for the protection of employees not otherwise protected. VENDOR shall indemnify CITY for any damage resulting to it from failure of either VENDOR or any subcontractor of VENDOR to take out or maintain such insurance. Workers Compensation Insurance in the amount of not less than Statutory Limits set by the State of California. Employer's Liability Insurance in the amount of not less than ONE MILLION DOLLAR ($1,000,000). COMMERCIAL GENERAL LIABILITY, PROFESSIONAL LIABILITY, AND AUTOMOBILE LIABILITY INSURANCE. Commercial General Liability Insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Professional Liability (Errors & Omissions) Insurance. VENDOR shall maintain professional liability insurance that covers the Services to be performed in connection with this agreement, in the minimum of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and VENDOR agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Automobile Liability Insurance. VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the VENDOR arising out of or in connection with work to be performed under this agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. PROOF OF INSURANCE. VENDOR shall provide certificates of insurance and required endorsements to CITY as evidence of insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY prior to the commencement of work. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required City of Rosemead thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing VENDOR or any subcontractor to commence work under this AGREEMENT until VENDOR has provided to the CITY Clerk the proof of insurance as required. DURATION OF COVERAGE. VENDOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of work hereunder by VENDOR, their agents, representatives, employees, or subcontractors. PRIMARY/NONCONTRIBUTING. Coverage provided by VENDOR shall be primary and an insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as named insured. CITY'S RIGHTS OF ENFORCEMENT. In the event any policy of insurance required under this agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR'S payments. In the alternative, CITY may cancel this agreement. ACCEPTABLE INSURERS. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholder's Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best' Key Rating Guide, unless otherwise approved by the Director of Human Resources & Risk Management. WAIVER OF SUBROGATION. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, representatives and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery City of Rosemead against CITY and shall require similar written express waivers and insurance clauses from each of its subcontractors. ENFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL). VENDOR acknowledges and agrees that any actual or alleged failure on part of the CITY to inform VENDOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. REQUIREMENTS NOT LIMITING. Requirements of specific coverage features or limits contained in this section are not intended as limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the VENDOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. NOTICE OF CANCELLATION. VENDOR agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the VENDOR'S insurers are unwilling to provide such notice, then VENDOR shall have the responsibility of notifying the CITY immediately in the event of VENDOR'S failure to renew any of the required insurance coverages, or insurer's cancellation or nonrenewal. ADDITIONAL INSURED STATUS. General Liability, Automobile Liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, representatives, and volunteers shall be additional insureds under such policies. PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. SEPARATION OF INSUREDS. A severability of interests provision must apply for all additional insureds ensuring that VENDOR'S insurance shall apply separately to each insured again whom claim is made or suit is brough, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 13 City of Rosemead PASS THOUGH CLAUSE. VENDOR agrees to ensure that its subcontractors, and any other party who is brough onto or involved in the project/service by VENDOR (hereinafter collectively "subcontractor"), provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event VENDOR'S subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, VENDOR shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor's scope of work and services, with limits less than required of the VENDOR, but in all other terms consistent with the VENDOR's requirements under this agreement. This provision does not relieve the VENDOR' of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended to solely provide VENDOR with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the VENDOR under this agreement given the limited scope of work or services provided by the subcontractor. CONSULANT agrees that upon request, all agreements with subcontractors, and others engaged in this project, will be submitted to CITY for review. CITY'S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the right to at any time during the term of the contract to change the amounts and types of insurance required by giving the VENDOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the VENDOR, the CITY and VENDOR may renegotiate the VENDOR'S compensation. SELF -INSURED RETENTIONS. Any self -insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administrative, and defense expenses within the retention through confirmation from the underwriter. TIMELY NOTICE OF CLAIMS. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR'S performance under this agreement, and that involve or may involve coverage under any of the required liability policies. ADDITIONAL INSURANCE. VENDOR shall also procure and maintain, at this own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. City of Rosemead 11. VENDOR'S RECORDS Records of the VENDOR's time pertaining to the services and records of accounts between the CITY and the VENDOR will be kept on a generally recognized accounting basis. VENDOR will also maintain all other records, including without limitation invoices, correspondence, specifications, drawings, progress reports, and the like, relating to the VENDOR's services. All records will be available to CITY during normal working hours. VENDOR will maintain these records for three (3) years after final payment. 12. RETENTION OF FUNDS VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR's acts or omissions in performing or failing to perform VENDOR's obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this Agreement. 13. NON-DISCRIMINATION. VENDOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual preference, in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 14. NON -LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of CITY will be personally liable to VENDOR, in the event of any default or breach by the CITY or for any amount that may become due to VENDOR under this Agreement. 15. INDEPENDENT CONTRACTOR A. VENDOR is and shall at all times remain as to the CITY a wholly independent contractor. VENDOR's employees performing the services under this Agreement on behalf of VENDOR shall at all times be under VENDOR's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of VENDOR or any of VENDOR's employees, except as set forth in this Agreement. VENDOR shall not at any time or in any manner represent that it or any of its employees or agents are in any manner 15 City of Rosemead employees or agents of the CITY. VENDOR shall not incur nor have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. B. No employee benefits shall be available to VENDOR in connection with the performance of this Agreement. Except for the fees paid to VENDOR as provided in the Agreement, CITY shall not pay salaries, wages, or other compensation to VENDOR and/or its employees for performing work or services hereunder for CITY. CITY shall not be liable for compensation or indemnification to VENDOR for injury or sickness to its employee(s) arising out of performing work or services hereunder. 16. SUBCONTRACTORS Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this Agreement, VENDOR must: A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY; B. Present to the CITY the form of subcontract that will be used with the subcontractor for CITY's approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained herein of this Agreement and must specifically name the CITY as an indemnified party; and C. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the CITY as an additional insured as required by this Agreement, unless such requirement is waived in writing by the CITY as provided herein below. 17. UNAUTHORIZED ALIENS. VENDOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USC 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should VENDOR so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, VENDOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the CITY in connection therewith. 18. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition or covenant hereof. 19. ATTORNEYS' FEES. If litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable attorneys' fees, in addition to any other relief to which it may be entitled. 20. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. City of Rosemead 21. PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are cumulative, and in addition to, and not in limitation of, any rights or remedies available to CITY. 22. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this AGREEMENT have been negotiated and discussed between the parties and their attorneys, and this AGREEMENT reflects their mutual AGREEMENT regarding the same. Because of the nature of such negotiations and discussions it would be inappropriate to deem any party to be the drafter of this AGREEMENT; and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter, shall be applicable in interpreting or enforcing this AGREEMENT. 23. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party as follows: A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this AGREEMENT, and ail related documents; and, B. That each party has lawfully authorized the execution of this AGREEMENT. 24. MODIFICATION. This AGREEMENT shall not be modified, except by written AGREEMENT of the parties. 25. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California. 26. NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this AGREEMENT, such notice may be furnished in writing by either party to the other, and shall be served by personal service, as required in judicial proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows: CITY: VENDOR: City of Rosemead 8838 East Valley Boulevard Rosemead CA 91770 Tel: Email: 11 M-a Email: 27. EFFECTIVE DATE AND EXECUTION. This AGREEMENT shall be effective from and after the date set forth in the first paragraph of this AGREEMENT. This AGREEMENT may 9 17 City of Rosemead be executed in counterparts. 28. FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts include, but are not limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, publicly regulated utility, or government statutes or regulations superimposed after the fact. Notwithstanding the foregoing, this provision shall only have effect if written notice of the force majeure event is given by the party claiming such excuse for delay within ten days of the commencement of such event. 29 ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized to bind the parties on their behalf. [signatures on the following page] 0 City of Rosemead CITY OF ROSEMEAD VENDOR [INSERT COMPANY NAME] Tax PaverID: Ben Kim, City Manager Date Print Name: ATTEST: Title: (President, VP) Ericka Hernandez, City Clerk Date APPROVED AS TO FORM: Signature Print Name: Rachel Richman Date City Attorney Title: (Treasurer, Secretary) City of Rosemead Attachment B — Scope of Work PROPOSAL The Annual 4th of July Event will take place on Saturday, July 4, 2026. The event will take place at Rosemead Park, 4343 Encinita Ave, Rosemead, CA 91770 from 12:00 to 10:00 pm. The City requests that proposals contain the following: 1. Operation of 10 rides: a. Hustler Major b. Loop o Plane Major c. Swinger Major d. Round Up Major e. Heart Flip Major f. Castle Dare Minor g. Super Slide Minor h. Pirates Revenge Minor i. Antique Car Ride Minor j. Berry Go Round Minor k. The VENDOR to provide a professional operator for each ride and attraction is required for the duration of the event. I. City will collect all monies and pay the amount agreed upon for each ride. 2. Operation of 7 game booths: a. All monies shall be collected by the VENDOR. b. The VENDOR will reimburse the City $200 per game booth that are not set up. c. List of Games Ballons, High Striker, Tubs, Grab Bag, Duck Pond, Goldfish, One Ball 3. Operation of 1 food concession booth: a. All monies shall be collected by the VENDOR. 4. Operation of ride ticket sales booth, provided by VENDOR: a. Ticket booth will be staffed with City personnel. b. The City shall collect all monies. 5. ATM of 1 ATM machine. a. The VENDOR will collect all monies. 6. Power Supply: a. The VENDOR will supply sufficient generator power for the operation of each ride, attraction, game booth, and concession booth for the duration of the event. 7. Personnel: a. Provide personnel to operate rides, games booths, and concession booth for 10 operational hours of service. City of Rosemead 8. Permits: a. The VENDOR is responsible for applying for all necessary related permits. 9. Submittals should include the cost of each equipment and/or services provided by the VENDOR. so. The City will conduct a final ride inspection on Friday, July 3 at 3:00 pm at Rosemead Park. Quote Quote #: 125 '-A I Quote date: 5/5/2026 Job: 4th of July Account: Rosemead 2026 41910 27th St West Bill to: City of Rosemead Palmdale, CA 93551 Address: 8838 E.Valley Blvd (661) 943-6294 Office Rosemead,CA 91770 (661) 733-7356 Cell Terms: See Contract p. scho eppnerpaaol. coin Item Description Qty Unit price Terms Price Rides Hustler,Loop o P1ane,Swinger,Round-up, Heartflip,Casde Dare,Super Slide,Pirates Revenge, Sky Fighter, errV go round 10 $5,200.00 $52,000.00 Games 7 Deposit due June 17, 2026 $22,000.00 Remaining balance due July 4, 2026 $30,000.00 Invoice Subtotal $52,000.00 Sales Tax $0.00 TOTAL $52,000.00