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2300 - California Marketing and Promotion Group - Co-promoting of the Moon Festival Agreement for Services and Co-Promotion of the City of Rosemead Moon Festival Celebration This agreement ("Agreement") is entered into by and between the City of Rosemead, California, a municipal corporation and general law city ("City"), and Singpoli GM Media LLC ("Singpoli GM Media")25 E Foothill Blvd, Arcadia. CA 91006. The City and Singpoli GM Media agree to jointly host and co-organize the City of Rosemead Moon Festival ("Festival") pursuant to the terms and conditions set forth in this Agreement: I . Term This Agreement shall commence on June 17, 2019 and shall remain and continue in effect until September 30, 2019 allowing for one event to be co — hosted by the City and produced by Singpoli GM Media in 2019. 2. Festival Operational Characteristics The Festival shall be held for the purpose of entertaining residents of the City and of surrounding communities through a traditional celebration of the traditional Chinese Moon or Mid-Autumn Festival. The Festival shall be identified, in English, on all promotional and advertising media as the "City of Rosemead Moon Festival." A. Date The Festival shall be held from 3:30 p.m. to 11 :30 p.m.on Saturday, September 14, 2019. B. Location The Festival shall be held on Valley Boulevard from Ivar Avenue to Walnut Grove Avenue in Rosemead. Singpoli GM Media shall be responsible for obtaining any approvals or permits, except as specifically set forth herein. and for paying any affiliated fees necessary to hold the Festival or any portion of the Festival on Valley Boulevard. Such approvals/permits shall be attached hereto and incorporated by reference. C. Nature of Festival The Festival shall he an outdoor. public, free, multi-cultural festival featuring live stage entertainment, children's activities, and up to I50 vendor booths as described in Proposal to the City of Rosemead (Exhibit B). The festival shall be open to the public from 3:30 p.m. to 11 :30 p.m., and festival vendors may be on the event site from'Saturday, September 14, 10:00 a.m. to Sunday, September 15, 12:00 a.tn. for the purpose of setting up and cleaning up their vendor sites. Singpoli GM Media and his subcontractors may be on the site from Friday, September 13, 11 :00 p.m. through Sunday, September 15, 4:00 a.m. as necessary for the purpose of set up, operation, and clean-up of the Festival. Singpoli GM Media shall have sole resnsibility for these activities and the activities of all Festival vendors. D. Oily and Singpoli GM Media Relationship The relationship between the City and Singpoli GM Media is that of an independent contractor. Singpoli GM Media shall supply all personnel, equipment, materials and supplies at its own expense, except as specifically set forth herein. Singpoli GM Media shall not be deemed to be, nor shall it represent itself as, an employee, partner, or joint venture of the City. No employee or officer of the City shall supervise Singpoli GM. Singpoli GM Media is not entitled to worker's compensation benefits and is obligated to directly pay federal and state income tax on money earned under this Contract. E. Quality Singpoli GM Media agrees that it shall perform all said services and supply the necessary materials to the entire satisfaction of the City. All material, supplies, and equipment used and all labor performed shall be subject to the inspection and approval or rejection of the City. The City hereby reserves the right to decide all questions arising as to the proper performance of said services. and as to the quality of the materials used. In the event that the City shall determine that the services are not being performed in accordance with the terms of this Contract, or, if the services be wholly, or in part. negligently, or improperly performed, then written notice of such defect or defects shall be given to Singpoli GM Media. F. Termination of Agreement Right to Terminate. The City may terminate this agreement at any time for any reason or no reason. If the City elects to terminate the Agreement. the City shall provide Singpoli GM Media with at least 90 business days of advance notice. Singpoli GM Media may terminate this agreement at any time for any reason or no reason. after giving written notice to City at least ninety (90) calendar days before the termination is to be effective. 3. Singpoli GM Media Responsibilities Singpoli GM Media is responsible for all promotional and operational activities relating to the Festival. Specifically. Singpoli GM Media shall bear full responsibility to prepare for, publicize, obtain all permits for, and host the Festival on the scheduled date as described and required by this Agreement. This includes but is not limited to obtaining all applicable permits and licenses from the City of Rosemead for event operations. all applicable permits from the Los Angeles County Health Department for operation of the vendor booths on the date of the event, and maintenance and cleaning of the location site post event all at Singpoli GM Media's expense. A. Marketing and Publicity Singpoli GM Media shall create an advertising and marketing plan, such plan shall be subject to City approval and shall be implemented by Singpoli GM Media. Singpoli GM Media and the City Parks and Recreation Department staff will meet by July 15, 2019 to coordinate marketing efforts. The City must approve all marketing materials prior to their distribution. All forms of Event signage. marketing materials, and associated advertising shall be produced in English and Mandarin Chinese and shall recognize the Moon Festival as a City of Rosemead event. B. Supervision of Employees and Volunteers Singpoli GM Media is responsible for the conduct of its employees, agents. guests and volunteers at all times while using the Festival location. All employees. agents. guests, and volunteers of Singpoli GM Media, must act and conduct themselves in a courteous and considerate manner while in the kestival location, and abide by all applicable laws, ordinances, and Rule.; and Regulations. C. Compliance with Laws Singpoli GM Media agrees to produce. operate, and manage the Festival in accordance with all applicable state and local laws and regulations; including but not limited to obtaining the required permits and approvals for such use. 4. Cost Estimate and Fees A. Cost Estimate Provided by Singpoli GM Media Based on the estimated costs of stage rental, booth rental. performer fees. sanitation rentals and fees, City permit and licensing fees, administrative and public safety costs, public health authorities, Singpoli GM Media employee overtime, subcontractor costs, full-force of approximately two (2) months of marketing and promotions, insurance, and contingencies. Singpoli GM Media estimates that the total cost of the Festival will be $70,000., B. Financial Records The City has a responsibility to the community to ensure that monies raised in the name of a City event are professionally managed and reflect the goals of the event. To that end, within thirty (30) days of the event. Singpoli GM Media shall provide the City, for its review, financial records that follow standard accounting practices including but not limited to actual expense by category and final gross/net revenue totals by category. C. Fees City shall pay Singpoli GM Media a total of $8,000 of the estimated cost of the event. This amount will be paid in two separate installments. $6,000 will be paid prior to the event taking place no later than August I, 2019. The remaining $2.000 balance will only be released if the entire event site (after event concludes) is returned to the condition in which the City provided it. City staff and Singpoli shall walk the site together at 8:00 a.m. on Sunday, September 15. If in the City's sole reasonable determination. the site is returned to its prior condition, will the $2,000 be released. If the City must use its own forces to restore the site to its prior condition, the City shall deduct actual staff costs incurred from the $2,000 and release any remaining amounts to Singpoli GM Media. In addition, pursuant to Resolution 2018-24 which permits the waiver of fees for events being conducted in conjunction with the City, the City agrees to waive the following fees for services: I . City of Rosemead event administration (including acquisition of LA County Fire Department event permit): $4,750 2. City of Rosemead Planning Fees: - City Encroachment Permit: $4750 - Business License Outdoor Festival: $532 - Event Permit: $250 - Peddler Fees ($31 per vendor) 3. City of Rosemead Public Safety Department, LASD personnel for event security; $5,000 4. Contract for Traffic Control Plan: $900 5. Contract for street closure services: $1 ,400 6. City of Rosemead Public Works personnel installation of Singpoli GM Media provided, in accordance with City specifications, light pole banners (20): $1,200 7. Contract with Republic Services to provide two (2) trash dumpsters and fifty (80) trash boxes. 8. Contract with Athens Services for street sweeping along Valley Boulevard following the Festival. Singpoli GM Media shall bear all other estimated Festival costs. D. Losses or Gains The parties acknowledge and agree that Singpoli GM Media will absorb any loss or gain from the Festival on its own, including but not limited to any loss stemming from the Festival costs exceeding the Singpoli GM Media Estimated Cost. This means at the end of the Festival, neither party shall owe any amount of money to the other party. 5. City Assistance The City will provide at its sole discretion and at no cost to Singpoli GM Media, some advertising for the Festival through the City's social media applications, City website. and electronic marquee. City will assist in neighborhood distribution of flyers as provided by Singpoli GM Media. 6. City Management and Oversight The City shall be represented for purposes of this Agreement by the City Manager or her designee. The City shall have the right to review and approve all products and services (including event vendors and performers) recommended by Singpoli GM Media for inclusion in the Festival, but not the authority to oversee the actual operation of the Festival. Singpoli GM Media will reserve three (3) vendor booths to be operated by the City or Rosemead non-profit organizations for event participation as vendors. Participation shall be at no cost to the City or the non-profit organizations. City will be solely responsible to identify participating non-profit organizations. Should City not identify three (3) appropriate non-profit organizations by or before July 30. 2019. City shall notify Singpoli CiM Media of the total number of booths needed and Singpoli GM Media have the right to arrange for commercial vendors for any of the remaining booths. City will conduct a pre-event and post-event walk-through/inspection of the Festival site with Singpoli GM Media. Failure of Singpoli GM Media to participate in either walk- through/inspection constitutes a waiver of any objection to the City's characterization of any damage or cleanup as having been caused by the Festival, and of any objection to the City's costs or estimated costs of the work . based on any assertion that the Singpoli GM Media could have completed the work less expensively, so long as the City's costs were reasonably based on demonstrated actual staff, supplies and materials. Singpoli GM Media agrees to ensure all items sold by vendors are appropriate to be included in a family event. This includes but is not limited to all • merchandise and miscellaneous items sold by Singpoli GM Media contracted vendors. Singpoli GM Media agrees to limit the sale of chow doufu or "Stinky Tofu" to two (2) vendors; who shall be positioned away from the main entertainment stage. Singpoli GM Media agrees to pay the City for its costs to repair or replace any damaged structures, equipment, facilities. trees, landscaping, sidewalks, curbs, and streets in areas occupied by the Festival damaged through any act or omission of Singpoli GM Media, Singpoli GM Media 's agents or subcontractors, Festival vendors, or persons attending the Festival. Singpoli GM Media agrees, in accordance with the National Pollutant Discharge Elimination System (NPDES), to mitigate, at its own cost, any pollutants or hazardous materials released into storm drains, catch basins, or on City streets in areas occupied by the Festival through any act or omission of Singpoli GM Media. Singpoli GM Media's agents, subcontractors. Festival vendors, or persons attending the Festival. 7. Indemnification A. Indemnification for Professional Liability When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Singpoli GM Media shall indemnify. protect, defend and hold harmless City and any and all of its officials, employees and agents ("indemnified Parties")from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Singpoli GM Media, its officers, agents, employees or subcontractors (or any entity or individual that Singpoli GM Media shall bear the legal liability thereof) in the performance of professional services under this agreement. B. Indemnification for Other than Professional Liability Other than in the performance of professional services and to the full extent permitted by law, Singpoli GM Media shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims. suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness c_ , fees), where the same arise out of. are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Singpoli GM Media or by any individual or entity for which Singpoli GM Media is legally liable, including but not limited to officers, agents, employees or subcontractors of Singpoli GM Media. C. Additional Indemnification Provisions Singpoli GM Media agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by. for, with or on behalf of Singpoli GM Media in the performance of this agreement. In the event Singpoli GM Media fails to obtain such indemnity obligations from others as required here, Singpoli GM Media agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Singpoli GM Media and shall survive the termination of this agreement or this section. 8. Insurance Singpoli GM Media shall maintain prior to the beginning of the Festival and t'or the duration of this Agreement insurance coverage as identified in the Certificates of Insurance, attached hereto as Exhibit A and incorporated herein as part of this Agreement. Such insurances shall name the City and others as may be necessary as an additional insured and any change of carrier or policy limits shall require the approval of the City, which shall not be unreasonably withheld. The merchants attending the event shall be responsible for their own property insurance to cover their personal property carried onto the event premises for their commercial benefits. Singpoli GM Media shall inform the merchants about this requirement before the event and shall keep copies of the insurance forms provided to Singpoli GM Media for review by the City in the City's sole discretion. 9. Applicable Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California. In the case of conflict and/or dispute between the parties to this Agreement, both parties shall attempt to resolve problems in good faith and an amicable manner. If the parties are unable to resolve a dispute, jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal, state or local courts within the County of Los Angeles. State of California. 10. Representation The persons executing this Agreement on behalf of City and Singpoli GM Media warrant and represent that he/she has the authority to execute this Agreement on behalf of the City and Singpoli GM Media and has the authority to bind each to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SIGNATURES ON FOLLOWING PAGE) CITY OF ROSEMEAD - P B M7CX�i_ B Y: Gloria Molleda Cit , Manager Sau Kit Hui, Singpoli GM Media LLC Attest: President Erieka Hernandez, City Clerk (TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL REQUIRED for Corporation Ap . � ved/s t/Fo _., /. _ 1 e - Rachel Richman, City Attorney BY: Sau Kit Cheung, Singpoli GM Media LLC Secretary' EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will he available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $3,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than 51,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1 ,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements. shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts. errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $2.000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all Contractors, and sub Contractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors and sub Contractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. 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. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 day notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11 . Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subcontractor. Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. IS. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21 . Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Date: April 8th,2019 To: City Manager of Rosemead From: Singpoli GM Media Proposal to the City of Rosemead 2019 Rosemead Annual Moon Festival Dear City Manager. We are respectfully submitting the following proposal for 2019 Rosemead Annual Moon Festival for your consideration. Purpose of Event: • Provide an opportunity for the community to recognize the harmony and diversity of City of Rosemead and to appreciate the traditions and creativity among multi-ethnic groups; • Provide an opportunity for Rosemead and local businesses to showcase their specialties and services. Overview of Event: An outdoor,open to public and free admission multi-cultural: • Theme: Moon Festival,a multi-cultural family festival. • Stage Entertainment: Activities to be conducted in bilingual English&Chinese Mandarin. Stage will hold approximately 5 hours of entertainment on the event day. Performance options includes but not limited to: Variety Dances including lion dance, cultural dance, and street dance. And also, singing performance, martial art, and game show/give away. • Vender Booths: Up to 150 booths. (50%merchandise and service booth; 50%food booth) • Children Activities: Inflated castles and jumper,climbing wall,and game booths. Location of Event: • On Valley Blvd., between Walnut Grove Avenue and Rosemead Boulevard. Date and Hours of Event: • Saturday, September 14th, 2019(from 3:30pm-11:30pm) Set-up and Clean-up: • Setup will start at 11:00 p.m. on Friday, September 13th,2019 • Clean-up will finish by 4:00 a.m.on Sunday, September 15th,2019 As a co-sponsor of the event City of Rosemead is responsible for the following: • Subsidizes$8,000 in cash for this event • Blocking traffic on the five block section on Valley Blvd. between Walnut Grove Avenue and Rosemead Blvd.,effective on 11:00 p.m. Friday September 13th 2019 to 4 a.m. Sunday, September 15th 2019. • Expenses on all City of Rosemead staffs during the entire event. • Expenses on City of Rosemead planning fees. • Expense on on-site Fire Department inspector fee from Homeland Security Department. • Contract with LA County Sheriff for safety and security during the event. • Contract with Athens Services for street sweeping. • Contract with Republic Services for 3 dumpsters and 80 trash boxes. • Contract for traffic control plan. • Contract for street closure services. • Obtaining permission from County Fire Department. • Expenses on promotion with city newspapers starting I month preceding the event. • Expense on street light pole banners x 20 installation. • Reserve street banner space on Valley Blvd. between Walnut Grove Ave. and Rosemead Blvd from August 16th, 2019 to September 14th, 2019 for public announcement on this event. • Allowing curb parking on side streets,parking spaces in the City Hall,and providing extra 300 parking spaces. • Sending out promotion flyers to the neighborhood 2 weeks preceding the event. • Ensure street blocking barricades are filled with water for blocking and safety purposes. • Allowing 2 or more stinky tofu vendors to participate in the event. • Notifying local business around the event site on Valley Blvd.(Singpoli GM Media to assist City of Rosemead with language translation). • Providing a conference room(accommodating 50 people)with projector and laptop for vendors mandatory meeting. As a co-sponsor of the event Singpoli GM Media is responsible for the following: • Providing Traffic Control Plan 2 weeks before the event date. • Expenses on performances on stage,sound system, booth tents,tables,chairs, portable toilets, hand wash sink,and electric generators. • Expenses on event stuffs from Singpoli GM Media. • Expense on event organizer permit issued by LA County Health Department. • Obtaining Health Permit for each food vendors issued by LA County Health Department. • Inviting Merchandise Vendors, Food Vendors, and Food Truck that were previously participated in Rosemead 2018 Moon Festival. • Liability insurance to cover the entire event. Provides upon confirmation of event date. • First Aid Supplies during the event. • Recruiting 50 student-volunteers from City of Rosemead Schools as ushers, street patrol,parking patrol,cleaning crew,etc. • Advertise the event through major media one month before the event. • Offering 3 booths to City of Rosemead. • Inviting Council-members to the opening ceremony. • Contract with cleaning company to cleanup during and after the event. • Expense on used oil disposal service. This is a preliminary proposal and more details can be added if required. We sincerely ask City of Rosemead to list any additional requirement for Singpoli GM Media to make the event a successful one. Please feel free to contact me at 626-715-9838, or via email at mlee(a8sian.us. Sincerely, //6(/(''PlA Melissa Lee General Manager Singpoli GM Media A Agreement for Services and Co -Promotion of the City of Rosemead Moon Festival Celebration This agreement ("Agreement") is entered into by and between the City of Rosemead, California, a municipal corporation and general law city ("City"), and Singpoli GM Media LLC ("Singpoli GM Media") located at 25 E Foothill Blvd., Arcadia, CA 91006. The City and Singpoli GM Media agree to jointly host and co - organize the City of Rosemead Moon Festival ("Festival") pursuant to the terms and conditions set forth in this Agreement: 1. Term Thi si, "Agreement shall commence on June 18, 2018 and shall remain and continue in,'e eet until September 30, 2019 allowing for two consecutive events to be co — hos',,,'eby the City and produced by Singpoli GM Media in 2018 and 2019. 2. Festival Operational Characteristics The Festival shall be held for the purpose of entertaining residents of the City and of surrounding communities through a traditional celebration of the traditional Chinese Moon or Mid -Autumn Festival. The Festival shall be identified, in English, on all promotional and advertising media as the "City of Rosemead Moon Festival." A. Date The Festival shall be held from 3:30 p.m. to 11:30 p.m. on Saturday, September 15, 2018 and a date that both parties agree to for 2019. B. Location The Festival shall be held on Valley Boulevard from Ivar Avenue to Walnut Grove Avenue in Rosemead. Singpoli GM Media shall be responsible for obtaining any approvals or permits, except as specifically set forth herein, and for paying any affiliated fees necessary to hold the Festival or any portion of the Festival on Valley Boulevard. Such approvals/permits shall be attached hereto and incorporated by reference. C. Nature of Festival The Festival shall be an outdoor, public, free, multi -cultural festival featuring live stage entertainment, children's activities, and 70 to 110 vendor booths as described in Proposal to the City of Rosemead (Exhibit B). The festival shall be open to the public from 3:30 p.m, to 11:30 p.m., and festival vendors may be on the event site from Saturday, September 15, 10:00 a.m. to Sunday, September 16, 12:00 a.m. for the purpose of setting up and cleaning up their vendor sites. Singpoli GM Media and his subcontractors may be on the site from Friday, September 14, 11:00 p.m. through Sunday, September 16, 4:00 a.m. as necessary for the purpose of set up, operation, and clean-up of the Festival. Singpoli GM Media shall have sole responsibility for these activities and the activities of all Festival vendors. D. City and Singpoli GM Media Relationship The relationship between the City and Singpoli GM Media is that of an independent contractor. Singpoli GM Media shall supply all personnel, equipment, materials and supplies at its own expense, except as specifically set forth herein. Singpoli GM Media shall not be deemed to be, nor shall it represent itself as, an employee, partner, or joint venture of the City. No employee or officer of the City shall supervise Singpoli GM. Singpoli GM Media is not entitled to worker's compensation benefits and is obligated to directly pay federal and state income tax on money earned under this Contract. E. Quality Singpoli GM Media agrees that it shall perform all said services and supply the necessary materials to the entire satisfaction of the City. All material, supplies, and equipment used and all labor performed shall be subject to the inspection and approval or rejection of the City. The City hereby reserves the right to decide all questions arising as to the proper performance of said services, and as to the quality of the materials used. In the event that the City shall determine that the services are not being performed in accordance with the terms of this Contract, or, if the services be wholly, or in part, negligently, or improperly performed, then written notice of such defect or defects shall be given to Singpoli GM Media. F. Termination of Agreement Right to Terminate. The City may terminate this agreement at any time for any reason or no reason. If the City elects to terminate the Agreement, the City shall provide Singpoli GM Media with at least 90 business days of advance notice. Singpoli GM Media may terminate this agreement at any time for any reason or no reason, after giving written notice to City at least ninety (90) calendar days before the termination is to be effective. 3. Singpoli GM Media Responsibilities Singpoli GM Media is responsible for all promotional and operational activities relating to the Festival. Specifically, Singpoli GM Media shall bear full responsibility to prepare for, publicize, obtain all permits for, and host the Festival on the scheduled date as described and required by this Agreement. This includes but is not limited to obtaining all applicable permits and licenses from the City of Rosemead for event operations, all applicable permits from the Los Angeles County Health Department for operation of the vendor booths on the date of the event, and maintenance and cleaning of the location site post event all at Singpoli GM Media's expense. A. Marketing and Publicity Singpoli GM Media shall create an advertising and marketing plan, such plan shall be subject to City approval and shall be implemented by Singpoli GM Media. Singpoli GM Media and the City Parks and Recreation Department staff will meet by July 2, 2018 to coordinate marketing efforts. The City must approve all marketing materials prior to their distribution. All forms of Event signage, marketing materials, and associated advertising shall be produced in English and Mandarin Chinese and shall recognize the Moon Festival as a City of Rosemead event. B. Supervision of Employees and Volunteers Singpoli GM Media is responsible for the conduct of its employees, agents, guests and volunteers at all times while using the Festival location. All employees, agents, guests, and volunteers of Singpoli GM Media, must act and conduct themselves in a courteous and considerate manner while in the Festival location, and abide by all applicable laws, ordinances, and Rules and Regulations. C. Compliance with Laws Singpoli GM Media agrees to produce, operate, and manage the Festival in accordance with all applicable state and local laws and regulations; including but not limited to obtaining the required permits and approvals for such use. 4. Cost Estimate and Fees A. Cost Estimate Provided by Singpoli GM Media Based on the estimated costs of stage rental, booth rental, performer fees, sanitation rentals and fees, City permit and licensing fees, administrative and public safety costs, public health authorities, Singpoli GM Media employee overtime, subcontractor costs, full -force of approximately two (2) months of marketing and promotions, insurance, and contingencies, Singpoli GM Media estimates that the total cost of the Festival will be $70,000. B. Financial Records The City has a responsibility to the community to ensure that monies raised in the name of a City event are professionally managed and reflect the goals of the event. To that end, within thirty (30) days of the event, Singpoli GM Media shall provide the City, for its review, financial records that follow standard accounting practices including but not limited to actual expense by category and final gross/net revenue totals by category. C. Fees City shall pay Singpoli GM Media a total of $8,000 of the estimated cost of the event per year of this 2 year Agreement. This amount will be paid in two separate installments. $6,000 will be paid prior to the event taking place no later than August 1, 2018. The remaining $2,000 balance will only be released if the entire event site (after event concludes) is returned to the condition in which the City provided it. City staff and Singpoli shall walk the site together at 8:00 a.m. on Sunday, September 161h. If in the City's sole reasonable determination, the site is returned to its prior condition, will the $29000 be released. If the City must use its own forces to restore the site to its prior condition, the City shall deduct actual staff costs incurred from the $2,000 and release any remaining amounts to Singpoli GM Media. In addition, pursuant to Resolution 2018-24 which permits the waiver of fees for events being conducted in conjunction with the City, the City agrees to waive the following fees for services: 1. City of Rosemead event administration (including acquisition of LA County Fire Department event permit): $4,750 2. City of Rosemead Planning Fees: - City Encroachment Permit: $4750 - Business License Outdoor Festival: $532 - Event Permit: $250 - Peddler Fees ($31 per vendor) 3. City of Rosemead Public Safety Department, LASD personnel for event security: $5,000 4. Contract for Traffic Control Plan: $900 5. Contract for street closure services: $1,400 6. City of Rosemead Public Works personnel installation of Singpoli GM Media provided, in accordance with City specifications, light pole banners (20): $1,200 7. Contract with Republic Services to provide two (2) trash dumpsters and fifty (80) trash boxes. 8. Contract with Athens Services for street sweeping along Valley Boulevard following the Festival. Singpoli GM Media shall bear all other estimated Festival costs. D. Losses or Gains The parties acknowledge and agree that Singpoli GM Media will absorb any loss or gain from the Festival on its own, including but not limited to any loss stemming from the Festival costs exceeding the Singpoli GM Media Estimated Cost. This means at the end of the Festival, neither party shall owe any amount of money to the other party. 5. City Assistance The City will provide at its sole discretion and at no cost to Singpoli GM Media, some advertising for the Festival through the City's social media applications, City website, and electronic marquee. City will assist in neighborhood distribution of flyers as provided by Singpoli GM Media. 6. City Management and Oversight The City shall be represented for purposes of this Agreement by the City Manager or her designee. The City shall have the right to review and approve all products and services (including event vendors and performers) recommended by Singpoli GM Media for inclusion in the Festival, but not the authority to oversee the actual operation of the Festival. Singpoli GM Media will reserve three (3) vendor booths to be operated by the City or Rosemead non-profit organizations for event participation as vendors. Participation shall be at no cost to the City or the non-profit organizations. City will be solely responsible to identify participating non-profit organizations. Should City not identify three (3) appropriate non-profit organizations by or before July 30, 2018, City shall notify Singpoli GM Media of the total number of booths needed and Singpoli GM Media have the right to arrange for commercial vendors for any of the remaining booths. City will conduct a pre -event and post -event walk-through/inspection of the Festival site with Singpoli GM Media. Failure of Singpoli GM Media to participate in either walk- through/inspection constitutes a waiver of any objection to the City's characterization of any damage or cleanup as having been caused by the Festival, and of any objection to the City's costs or estimated costs of the work based on any assertion that the Singpoli GM Media could have completed the work less expensively, so long as the City's costs were reasonably based on demonstrated actual staffi11Is,upplies and materials. Sing olii GM Media agrees to ensure all items sold by vendors are appropriates to be included in a family event. This includes but is not limited to all merchandise and miscellaneous items sold by Singpoli GM Media contracted psi vendors. Singpo,i GM Media agrees to limit the sale of chdu doufu or "Stinky Tofu" to two (2) Vehors; who shall be positioned away from the main entertainment stage. I Singpol'i GM Media agrees to pay the City for its costs to repair or replace any damaged structures, equipment, facilities, trees, landscaping, sidewalks, curbs, and streets in areas occupied by the Festival damaged through any act or omission of Singpoli GM Media, Singpoli GM Media's agents or subcontractors, Festival vendors, or persons attending the Festival. Singpoli GM Media agrees, in accordance with the National Pollutant Discharge Elimination System (NPDES), to mitigate, at its own cost, any pollutants or hazardous materials released into storm drains, catch basins, or on City streets in areas occupied by the Festival through any act or omission of Singpoli GM Media, Singpoli GM Media's agents, subcontractors, Festival vendors, or persons attending the Festival. 7. +p indemnification i f ei. Indemnification for Professional Liability When the law establishes a professional standard of care for 6ontractor's Services, to the fullest extent permitted by law, Singpoli i' GM Media shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("indemnified ;jarties")from and against any and all losses, liabilities, damages, p costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Singpoli GM Media, its officers, agents, employees or subcontractors (or any entity or individual that Singpoli GM Media shall bear the legal liability thereof) in the performance of professional services under this agreement. B. Indemnification for Other than Professional Liability Other than in the performance of professional services and to the full extent permitted by law, Singpoli GM Media shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs,. and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Singpoli GM Media or by any individual or entity for which Singpoli GM Media is legally liable, including but not limited to officers, agents, employees or subcontractors of Singpoli GM Media. C. Additional Indemnification Provisions Singpoli GM Media agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Singpoli GM Media in the performance of this agreement. In the event Singpoli GM Media fails to obtain such indemnity obligations from others as required here, Singpoli GM Media agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Singpoli GM Media and shall survive the termination of this agreement or this section. 8. Insurance Singpoli GM Media shall maintain prior to the beginning of the Festival and for the duration of this Agreement insurance coverage as identified in the Certificates of Insurance, attached hereto as Exhibit A and incorporated herein as part of this Agreement. Such insurances shall name the City and others as may be necessary as an additional insured and any change of carrier or policy limits shall require the approval of the City, which shall not be unreasonably withheld. The merchants attending the event shall be responsible for their own property insurance to cover their personal property carried onto the event premises for their commercial benefits. Singpoli GM Media shall inform the merchants about this requirement before the event and shall keep copies of the insurance forms provided to Singpoli GM Media for review by the City in the City's sole discretion. 9. Applicable Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California. In the case of conflict and/or dispute between the parties to this Agreement, both parties shall attempt to resolve problems in good faith and an amicable manner. If the parties are unable to resolve a dispute, jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal, state or local courts within the County of Los Angeles, State of California. 10. Representation The persons executing this Agreement on behalf of City and Singpoli GM Media warrant and represent that he/she has the authority to execute this Agreement on behalf of the City and Singpoli GM Media and has the authority to bind each to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SIGNATURES ON FOLLOWING PAGE) CITY OF ROSEMEAD B Gloria Mal a, City a-nager Attest: Kt Erioka Hernandez, City Clerk By' ------------- -------------- San Kit Cheung, Singpoli GM Media LLC President (TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL REQUIRED for Corporation A pr- e d a�s (t/JgJ� P Rachel Richman, City Attorney BY: San Kit Cheung, Singpoli GM Media LLC Secretary Agreement for Services and Co-Promotion of the City of Rosemead Moon Festival Celebration This agreement ("Agreement") is entered into by and between the City of Rosemead, California. a municipal corporation and general law city ("City") and California Marketing and Promotion Group (''CMPG") The City and CMPG agree to jointly host and co-organize the City of Rosemead Moon Festival ("Festival") pursuant to the terms and conditions set forth in this Agreement: 1. Term This Agreement shall commence on June 8, 2017 and shall remain and continue in effect until September 30, 2018 allowing for two(2) consecutive events to be co—hosted by the City and produced by CMPG in 2017 & 2018. 2 Festival Operational Characteristics The Festival shall be held for the purpose of entertaining residents of the City and of surrounding communities through a traditional celebration of the traditional Chinese Moon or Mid- Autumn Festival. The Festival shall be identified. in English, on all promotional and advertising media as the "City of Rosemead Moon Festival." A. Date The Festival shall be held on Saturday, September 23, 2017 and TBD for 2018. B. Location The Festival shall be held on Valley Boulevard from Ivar Avenue to Walnut Grove Avenue in Rosemead. CMPG shall be responsible for obtaining any approval or permits, except as specifically set forth herein, and for paying any affiliated fees necessary to hold the Festival or any portion of the Festival on Valley Boulevard. Such approvals/permits shall be attached hereto and incorporated b y reference. C. Nature of Festival The Festival shall be an outdoor, public, free, multi-cultural festival featuring live stage entertainment, children's activities, and 70 to 110 vendor booths as described in Proposal to the City of Rosemead (Exhibit B). The festival shall be open to the public from 4'.00 pm. to 11.00 pm., and festival vendors may be on the event site from Saturday, September 23, 10 00 a . to Sunday. September 24, 12:00 a . for the purpose of setting up and cleaning up their vendor sites. CMPG and his subcontractors may be on the site from Friday, September 22. 11 00 p.m. through Sunday, September 24. 400 a.m. as necessary for the purpose of set up, operation, and clean-up of the Festival. CMPG shall have sole responsibility for these activities and the activities of all Festival vendors. D. City/CMPG Relationship The relationship between the City and CMPG is that of an independent contractor. CMPG shall supply all personnel, equipment, materials and supplies at its own expense, except as specifically set forth herein. CMPG shall not be deemed to be, nor shall it represent itself as, an employee, partner, or joint venture of the City. No employee or officer of the City shall supervise CMPG. CMPG is not entitled to worker's compensation benefits and is obligated to directly pay federal and state income tax on money earned under this Contract E. Quality CMPG agrees that it shall perform all said services and supply the necessary materials to the entire satisfaction of the City. All material, supplies, and equipment used and all labor performed shall be subject to the inspection and approval or rejection of the City. The City hereby reserves the right to decide all questions arising as to the proper performance of said services.and as to the quality of the materials used. In the event that the City shall determine that the services are not being performed in accordance with the terms of this Contract, or, if the services be wholly, or in part, negligently, or improperly performed, then written notice of such defect or defects shall be given to the CMPG. 3 CMPG Responsibilities C MPG is responsible for all promotional and operational activities relating to the Festival. Specifically, CMPG shall bear full responsibility to prepare for, publicizeobtain all permits for. and host the Festival on the scheduled date as described and required by this Agreement. This includes but is not limited to obtaining all applicable permits and licenses from the City of Rosemead for event operations, all applicable permits from the Los Angeles County Health Department for operation of the vendor booths on the date of the event,and maintenance and cleaning of the location site post event all at CMPG's expense. A. Marketing and Publicity CMPG shall create an advertising and marketing plan, such plan shall be subject to City approval and shall be implemented by CMPG. CMPG and the City Parks and Recreation Department staff will meet by July 1. 2017 to coordinate marketing efforts. The City must approve all marketing materials prior to their distribution. All forms of Event signage, marketing materials. and associated advertising shall be produced in English and Mandarin Chinese and shall recognize the Moon Festival as a City of Rosemead event. B. Supervision of Employees and Volunteers CMPG is responsible for the conduct of its employees, agents, guests and volunteers at all times while using the Festival location. All employees, agents, guests, and volunteers of CMPG, must act and conduct themselves in a courteous and considerate manner while in the Festival location, and abide by all applicable laws, ordinances, and Rules and Regulations. CMPG agrees that it will indemnify and hold harmless the City from and against any liability that may be incurred by the City as a result of any acts by any employee, volunteer, or agent engaged by CMPG. C. Compliance with Laws CMPG agrees to produce, operate, and manage the Festival in accordance with all applicable state and local laws and regulations, including but not limited to obtaining the required permits and approvals for such use. 4. Cost Estimate and Fees A. Cost Estimate Provided by CMPG Based on the estimated costs of stage rental, booth rental, performer fees, sanitation rentals and fees. City permit and licensing fees, administrative and public safety costs, public health authorities, CMPG employee overtime, subcontractor costs, full-force of approximately two (2) months of marketing and promotions, insurance, and contingencies. CMPG estimates that the total cost of the Festival will be It. 5o,CO0 . CMPG is solely responsible for all Festival costs and agrees to pay all costs in a timely manner. B. Financial Records The City has a responsibility to the community to ensure that monies raised in the name of a City event are professionally managed and reflect the goals of the event. To that end, within thirty (30) days of the event, CMPG shall provide the City, for its review, financial records that follow standard accounting practices including but not limited to actual expense by category and final gross/net revenue totals by category C. Fees City shall bear $6,000 of the estimated cost of the event. City shall pay to CMPG its share of estimated costs in one lump sum on or before August 1 . 2017 City agrees to waive the following fees for services'. 1. City of Rosemead event administration (including acquisition of LA County Fire Department event permit): $4,750 2. City of Rosemead Planning Fees'. - Business License Outdoor Festival. $532 - Event Permit: $250 - Peddler Fees ($31 per vendor) 3. City of Rosemead Public Safety Department, LASD personnel for event security: $5,000 4. Contract for Traffic Control Plan: $900 5. Contract for street closure services. $1,400 6. City of Rosemead Public Works personnel installation of CMPG provided, in accordance with City specifications, light pole banners (20)- $1,200 7. Contract with Republic Services to provide two (2) trash dumpsters and fifty (80)trash boxes. 8. Contract with Athens Services for street sweeping along Valley Boulevard following the Festival. CMPG shall bear all other estimated Festival costs. D. Losses or Gains The parties acknowledge and agree that CMPG will absorb any loss or gain from the Festival on its own, including but not limited to any loss stemming from the Festival costs exceeding the CMPG Estimated Cost. This means at the end of the Festival, neither party shall owe any amount of money to the other party. 5. City Assistance The City will provide, at no cost to CMPG, some advertising for the Festival through the City's social media applications, City website. and electronic marquee. City will assist in neighborhood distribution of flyers as provided by CMPG. 6. City Management and Oversight The City shall be represented for purposes of this Agreement by the City Manager or his designee. The City shall have the right to review and approve all products and services (including event vendors and performers) recommended by CMPG for inclusion in the Festival, but not the authority to oversee the actual operation of the Festival. CMPG will reserve three (3) vendor booths to be operated by the City or Rosemead non-profit organizations for event participation as vendors. Participation shall be at no cost to the City of the organizations. City will be solely responsible to identify participating organizations. Should City not identify three (3) appropriate non-profit organizations by or before July 30, 2016, City shall notify CMPG of the total number of booths needed and CMPG shall have the right to arrange for commercial vendors for any of the remaining booths. City will conduct a pre-event and post-event walk-through/inspection of the Festival site with CMPG. Failure of CMPG to participate in either walk-through/inspection constitutes a waiver of any objection to the City's characterization of any damage or cleanup as having been caused by the Festival, and of any objection to the Gays costs or estimated costs of the work based on any assertion that the CMPG could have completed the work less expensively, so long as the City's costs were reasonably based on demonstrated actual staff, supplies and materials. CMPG agrees to ensure all items sold by vendors are appropriate to be included in a family event. This includes but is not limited to all merchandise and miscellaneous items sold by CMPG contracted vendors. CMPG agrees to limit the sale of chou doufu or"Stinky Tofu"to only one (1) vendor; who shall be positioned away from the main entertainment stage. CMPG agrees to pay for the repair or replacement of all damaged structures, equipment, facilities, trees, landscaping, sidewalks, curbs, and streets in areas occupied by the Festival damaged through any act or omission of CMPG, CMPG 's agents or subcontractors, Festival vendors, or persons attending the Festival. CMPG agrees, in accordance with the National Pollutant Discharge Elimination System (NPDES). to mitigate, at its own cost, any pollutants or hazardous materials released into storm drains, catch basins, or on City streets in areas occupied by the Festival through any act or omission of CMPG, CMPG's agents, subcontractors, Festival vendors, or persons attending the Festival. 7. Indemnification A. Indemnification for Professional Liability When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, CMPG shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("indemnified Parties")from and against any and all losses,liabilities, damages,costs and expensesincluding attorney sfees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of CMPG, its officers, agents, employees or subcontractors(or any entity or individual that CMPG shall bear the legal liability thereof) in the performance of professional services underthis agreement. B. Indemnification for Other than Professional Liability Other than in the performance of professional services and to the full extent permitted by law, CMPG shall indemnify,defend and hold harmless City, and any and all of its employees.officials and agents from and against any liability (including liability for claims,suits. actions,arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of,or are in any way attributable to, in whole or in part,the performance of this Agreement by CMPG or by any individual or entity for which CMPG is legally liable.including but not limited to officers, agents, employees or subcontractors of CMPG. C. General Indemnification Provisions CMPG agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by,for, with or on behalf of CMPG in the performance of this agreement. In the event CMPG fails to obtain such indemnity obligations from others as required here. CMPG agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of CMPG and shall survive the termination of this agreement or this section. S. Insurance CMPG shall maintain prior to the beginning of the Festival and for the duration of this Agreement insurance coverage as identified in the Certificates of Insurance, attached hereto as Exhibit A and incorporated herein as part of this Agreement. Such insurances shall name the City and others as may be necessary as an additional insured and any change of carrier or policy limits shall require the approval of the City, which shall not be unreasonably withheld. The merchants attending the event shall be responsible for their own property insurance to cover their personal property carried onto the event premises for their commercial benefits. CMPG shall inform the merchants about this requirement before the event and shall keep copies of the insurance forms provided to CMPG for review by the City in the City's sole discretion. 9. Applicable Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California. In the case of conflict and/or dispute between the parties to this Agreement. both parties shall attempt to resolve problems in good faith and an amicable manner. If the parties are unable to resolve a dispute,jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal. state or local courts within the County of Los Angeles. State of California. ID, Representation The persons executing this Agreement on behalf of City and CMPG warrant and represent that he/she has the authority to execute this Agreement on behalf of the City and CMPG and has the authority to bind each to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SIGNATURES ON FOLLOWING PAGE) CITY OF ROSEMEAD By. 3;A.>1 u. . 'Y^r‘cs . _ I By: Bill Man'! r . // Attest: Ze �� Name. TRA.-111 ?cu.- , ity Clerk Title: Fre-s id sin b (TWO SIGNATURES, President OR Vice President AND Secretary, AND Approved as to Form CORPORATE SEAL OF CMPG REQUIRED // for Corporation) —. . .`L i �R Richman, Ci Att. r- BY: (ez le_ Name: f stri pANA Title. Se CNP-(LN'1 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amendsupplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability' policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $3,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1.000.000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shah be provided on a "pay on behalf . with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City f o r injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or 8 omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $2.000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all Contractors, and sub Contractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shad prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors and sub Contractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. 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. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period)that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled 9 at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 day notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Contractor agrees to ensure that subcontractors. and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City. or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. i:xiIIBI r 13 Date: June 13, 2017 To: City Manager of Rosemead From: CM PG Proposal to the City of Rosemead 2017-2018 Rosemead Moon Festival Dear City Manager. In addition to our application submitted to Rosemead for the 2017-2018 Rosemead Moon Festival. we are respectfully submitting the fol lowing proposal for your consideration. Pose of Event • Provide an opportunity for the community to recognize the harmony and diversity of City of Rosemead and to appreciate the traditions and creativity among multi-ethnic groups: • Provide an opporWn ity for Rosemead and local businesses to show case their specialties and services. Overview of Event: An outdoor,open to public and free admission multi-cultural event: • Thane: Moon Festival, a mull-cultural family festival. • Stage Entertainment: Activities to he conducted in bilingual English& Chinese Mandarin. Stave will hold approximately 5 hours of entertainment on the event day. Performance options possibly includes but not limited to: Opening Ceremony. Variety Dance including Filipino Kids Dance, Chinese Fan Dance. Korean Dance, I.ion Dance and Street Dance:Chinese Drum. Japanese Drum. Dumpling Contest, Magic Show and DJ & Music. • Vender Booths: 70-110(including merchandise.game and service booths) • Children Activities: Activities possibly include Mechanical rides,Jumpers. inflated castles.water bubble,ground bubble, balloons to isting and face painting. Location of Event: • On Valley Blvd., between Walnut Crow Avenue and Ivar Date and Hours of Event: • Saturday, September 23,2017(from 4pm to II pm) • TBD2018 Set-up and Clean-up: • Setup will start at 11:00 p.m. on friday. one day prior to the event. • Clean-up will finish at 4:00 a.m. on Sunday, one day after the event. • TBD2018 As a co-sponsor of the event City of Rovemead is'responsible for the knowing: • Subsidizes S6,000 in cash for this event • Blocking traffic on the five block section on Valley Blvd. between Walnut Grove Avenue and Ivan.,effective on 11:00 p.m. Friday, one day prior to the event. to 4:00 am.Sunday.one day after the event. • Expenses on all City of Rosemead staffs during the entire event. • Contract with LA County Sheriff for safety and security during the event. Providing Traffic Control Plan lour weeks alter confirmation of event date. • Allowing curb parking on side streets,parking spaces in the City Hall and providing extra 300 parking spaces(blocking Bartlett Ave for vendors parking) • Contract w ith Republic Services for 2 dumpsters and 80 trash boxes and trash bags. • Contract ' ith Athens Sery ices for street sweeping alter the went. • Expenses on promotiun with street ban light pole banners, city newspapers and digital signs starting 1 month preceding the cyan. • Sending out promotion flyers to the neighborhood 2 weeks preceding the event. • Inviting Council-members to the opening ceremony. Ao- nsor of the event CMPG A responsible for the following: • Expenses for booth tents, performances on stage, sound system,tables,chairs, portable toilets,hand wash sink and electric generators. • Contract with cleaning company to cleanup during and Aller the event. 2620 Concord Avenue Suite IOU Alhambra,CA. 91803 626.782 9999 • Health Permit for each food vendor issued by LA County I lealth Department. • Inviting Food Truck that were previously participated in Rosemead 2016 Moon Festival_ • Liability insurance to cover the entire event. Provides upon confrination of event date. • First Aid Supplies during the event. • Recruiting 50 student-volunteers tont City of Rosemead Schools as ushers,street patrol,parking patrol, cleaning crew,etc. • Advertise the event through major media and other social media one and a half month before the event. • Media coverage for the event. • Offering 3 booths to City of Rosemead • Ensure that vendors are appropriate for a family orientated event. • Make sure all vendors are aware that they are limited to the space provided and they should not have equipment or supplies on the sidewalk or in lire lanes. Make sure all vendors remove all trashes when leaving the event. • Reach out to the businesses impacted by the street closure and be creative in encouraging their participation in the event. • Obtaining permission from County Fire Dept. • Make sure gutters are covered. this is a preliminary proposal and more details can be added if required. We sincerely ask City of Rosemead to list any additional requirement for CMPG to (bake the event a successful one. Please feel free to contact me at 626-782-9999, ext. WI or 626-727-4368(cell)or via email at terry i emnpgusa.cmn. Sincerely. 2 IcAzTorp- Pa( President CMPG 2620 Concord Avenue, Suite 100 Alhambra. CA.91803 62ti 782.9999 ACOR0 CERTIFICATE OF LIABILITY INSURANCE PATErMMIon,YYYY1 L..✓ 06/13/2017 FINIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is art ADDITIONAL INSURED,the pollcylles) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsementle). PRODUCER NACT NAME: Statefarrn Faye Li Agent PHONE — FAX -IALOS-EMIL ___.. ... _._ INC NOL E-MALL a. 20803 Valley Blvd STE 104 E'MUL ADDRESS. FORD _ Walnut,CA 91789 IN9VREWE1 AFFORDING COVERAGE NAILR __. IrvsuRERa I State Earns General Insurance Company 25151 INSURED INSURER S. I CAL MARKETING&PROMOTION GROUP INC INSURER C: 2620 CONCORD AVE STE 100 INSURER I ALnAMBRA.CA 91803-1235 „sin,EE- — - I INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: r TH15 IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ACM SUBS 1 POLICY EXP LTR TYPE OF INSURANCE OW ,Y 1 D POLICY NUMBER IMMNDYYY1 IMMIDDIYYYYI LIMITS X..COMMERCIAL GENERAL LIABILITY EACH GOCCURRENCE E 2,000.000 DAMAGE GLS:La oa, IRF�' _� CLAWS-CLAWS-SODScwsDL [7:. OCCUR ',PRFs ses:La s 500 DDD IFI i MEDESP ADS asp personY E 10,000 B X 92-EP-J460-5 08I23/2017 0812312016 PERSONAL s ADS INJURY a 2.000.000 •GEN L AGGREGATE I EMIT APPLIES PER GENERAL AGGREGATE S 4,000,000 S, oCY j JEST JEST LOC PRODUCTS coyPOP AGC s 4,000,000 ER: I - S _— IAUTOMOOLE Uaeurr X I 4373565-E08-75G 105/08/2017 11/08/2017 E= e E011NGLE LIMIT s 500,000 AUTO I BODILY INJURY Pd person) S 500,000 Ap. In�G . EDOS 'r I SCHEP,U: G a0ol INJURY Pe.amen l�S 500000 AUTOS !X RED von OvmEO AUTOS OL AUTOS ONI PROPERTY DAMAGE- S 100 000 _±s I Is XIu Lu WAD OCCUR B I EXCESS UTIs cEAC OCCURRENCE $ 1000000 u MS:MDE X 92-EP-]463-1 08/23/2017 0823/2016 AGGREGATE 5 1.000.000 DED RETENTION 5 ' S WORKERS COMPENSATION P R VTE FRS AND EMPLOYERS LIABILITY B OFF CERIM nOwvnRNEWEx wiVE FIN Nin 92-EV-C777-6 03/24/2017 03/24/2018,E_L ACCIDENT $ 1,000,000 OFFOEfi E BER CLJON)] deal NH) DISEASE•FA orcd 3 1.000.000 ' ioF`SCRP IC.N of OPERATIONS„mw LL EASE POLICY L > 1000,000 i I DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES 1A00R0101.a vaIU Lmay be attached more Siris Is m01,01 Additional Insured'City of Rosemead,8338 E.Valley Blvd.,Rosemead,CA 91770 I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Gly of Ro9emedd ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E.Valley Blvd AUTHORIZED REPRESENTATIVE Rosemead,CA 91770 V ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1001984 1328412 03.15.20'5 Agreement for Services and Co-Promotion of the City of Rosemead Moon F estiva I Celebration This agreement ("Agreement") is entered into by and between the City of Rosemead, California, a municipal corporation and general law city ("City") and California Marketing and Promotion Group ("CMPG"). The City and CMPG agree to jointly host and co-organize the City of Rosemead Moon Festival ("Festival") pursuant to the terms and conditions set forth in this Agreement. 1- 1eini [his Agreement shall commence on June 23, 2016 and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 31 2016. 2. Festival Operational Characteristics The Festival shall be held for the purpose of entertaining residents of the City and of surrounding communities through a traditional celebration of the traditional Chinese Moon or Mid-Autumn Festival. The Festival shall be identified, in English, on all promotional and advertising media as the "City of Rosemead Moon Festival." A Date The Festival shall be held on Saturday. September 17.. 2016 B. Location The Festival shall be held on Valley Boulevard from I var Avenue to Walnut Grove Avenue in Rosemead. CMPG shall be responsible for obtaining any approval or permits, except as specifically set forth herein, and for paying any affiliated fees necessary to hold the Festival or any portion of the Festival on Valley Boulevard. Such approvals/permits shall be attached hereto and incorporated b y reference C Nature of F estival The Festival shall be an outdoor. public. free, multi-cultural festival featuring live stage entertainment, children's activities, and 80 to 100 vendor booths as described in Proposal to the City of Rosemead (Exhibit B). The festival shall be open to the public from 4 00 p.m. to 11.00 p m and festival vendors may be on the event site from Saturday. September 17. 10:00 a.m. to Sunday, September 18, 12:00 a.m. for the purpose of setting up and cleaning up their vendor sites. CMPG and his subcontractors may be on the site from Friday, September 16, 11 00 pm. through Sunday. September 18, 4:00 a.m. as necessary for the purpose of set up, operation, and clean-up of the Festival. CMPG shall have sole responsibility for these activities and the activities of all Festival vendors. D. City/CMPG Relationship The relationship between the City and CMPG is that of an independent contractor. CMPG shall supply all personnel. equipment, materials and supplies at its own expense, except as specifically set forth herein. CMPG shall not be deemed to be, nor shall it represent itself as, an employee, partner, or joint venturer of the City. No employee or officer of the City shall supervise CMPG. CMPG is not entitled to worker's compensation benefits and is obligated to directly pay federal and state income tax on money earned under this Contract. E Quality CMPG agrees that it shall perform all said services and supply the necessary materials to the entire satisfaction of the City. All material. supplies, and equipment used and all labor performed shall be subject to the inspection and approval or rejection of the City City hereby reserves the right to decide all questions arising as to the proper performance of said services, and as to the quality of the materials used. In the event that the City shall determine that the services are not being performed in accordance with the terms of this Contract, or, if the services be wholly. or in pail, negligently, or improperly performed, then written notice of such defect or defects shall be given to the CMPG. 3 CMPG Responsibilities CMPG is responsible for all promotional and operational activities relating to the Festival. Specifically, CMPG shall bear full responsibility to prepare for, publicize, obtain all permits for, and host the Festival on the scheduled date as described and required by this Agreement. This includes but is not limited to obtaining all applicable permits and licenses from the City of Rosemead for event operations all applicable permits from the Los Angeles County Health Department for operation of the vendor booths on the date of the event and maintenance of the Festival location all at CMPG's expense. A. Marketing and Publicity CMPG shall create an advertising and marketing plan, such plan shall be subject to City approval and shall be implemented by CMPG. CMPG and the City Parks and Recreation Department staff will meet by July 20, 2016 to coordinate marketing efforts. The City must approve all marketing materials prior to their distribution. All forms of Event signage, marketing materials, and associated advertising shall be produced in English and Mandarin Chinese and shall recognize the Moon Festival as a City of Rosemead event. 0 B. Supervision of Employees and Volunteers CMPG is responsible for the conduct of its employees, agents, guests and volunteers at all times while using the Festival location. All employees, agents, guests. and volunteers of CMPG, must act and conduct themselves in a courteous and considerate manner while in the Festival location, and abide by all applicable laws, ordinances, and Rules and Regulations. CMPG agrees that it will indemnify and hold harmless the City from and against any liability that may be incurred by the City as a result of any acts by any employee, volunteer, or agent engaged by CMPG C. Compliance with Laws CMPG agrees to produce, operate, and manage the Festival in accordance with all applicable state and local laws and regulations: including but not limited to obtaining the required permits and approvals for such use. 4. Cost Estimate and Fees A. Cost Estimate Provided by CMPG Based on the estimated costs of stage rental, booth rental, performer fees, sanitation rentals and fees, City permit and licensing fees, administrative and public safety costs, public health authorities. CMPG employee overtime, subcontractor costs, full-force of approximately two (2) months of marketing and promotions. insurance. and contingencies. CMPG estimates that the total cost of the Festival will be x-,000 CMPG is solely responsible for all Festival costs and agrees to pay all costs in a timely manner. B. Financial Records The City has a responsibility to the community to ensure that monies raised in the name of a City event are professionally managed and reflect the goals of the event. To that end, within thirty (30) days of the event, CMPG shall provide the City, for its review, financial records that follow standard accounting practices including but not limited to actual expense by category and final gross/net revenue totals by category. C. Fees City shall bear $6,000 of the estimated cost of the event. City shall pay to CMPG its share of estimated costs in one lump sum on or before August 1 5, 2016 City agrees to waive the following f es for services. 1 City of Rosemead Event Administration (including acquisition of LA County Fire Department event permit): $4,750 2. City of Rosemead Planning Fees: - Business Licen se Outdoor Festival: $532 - Event Permit: $250 - Peddler Fees ($31 per vendor) 3 City of Rosemead P u b l i c Safety Department. LASD personnel for event security. $5,000 4. Contract for Traffic Control Plan $900 5 Contract for street closure services' $1,400 6 City of Rosemead Public Works personnel installation of CMPG provided, in accordance with City specifications, light pole banners (20)'. $1 200 7 Contract with Republic Services to provide two (2) trash dumpsters and fifty (80) trash boxes. 8 Contract with Athens Services for street sweeping along Valley Boulevard following the Festival. CMPG shall bear all other estimated Festival costs. D. Losses or Gains The parties acknowledge and agree that CMPG will absorb any loss or gain from the Festival on its own, including but not limited to any loss stemming from the Festival costs exceeding the CMPG Estimated Cost. This means at the end of the Festival, neither party shall owe any amount of money to the other party. 5. City Assistance The City will provide, at no cost to CMPG, some advertising for the Festival through the City's social media applications, City website, and electronic marquee. City will assist in neighborhood distribution of flyers as provided by CMPG. 6. City Management and Oversight The City shall be represented for purposes of this Agreement by the City Manager or his designee. The City shall have the right to review and approve all products and services (including event vendors and performers) recommended by CMPG for inclusion in the Festival but not the authority to oversee the actual operation of the Festival. CMPG will reserve three (3) vendor booths to be operated by the City or Rosemead non-profit organizations for event participation as vendors. Participation shall be at no cost to the City of the organizations. City will be solely responsible to identify participating organizations. Should City not identify three (3) appropriate non-profit organizations by or before July 30, 2016, City shall notify CMPG of the total number of booths needed and CMPG shall have the right to arrange for commercial vendors for any of the remaining booths. City will conduct a pre-event and post-event walk-through/inspection of the Festival site with CMPG. Failure of CMPG to participate in either walk-through/inspection constitutes a waiver of any objection to the City's characterization of any damage or cleanup as having been caused by the Festival and of any objection to the City's costs or estimated costs of the work based on any assertion that the CMPG could have completed the work less expensively, so long as the City's costs were reasonably based on demonstrated actual staff, supplies and materials. CMPG agrees to ensure all items sold by vendors are appropriate to be included in a family event. This includes but is not limited to all merchandise and miscellaneous items sold by CMPG contracted vendors. CMPG agrees to limit the sale of chbu doufu or"Stinky Tofu"to only one (1) vendor, who shall be positioned away from the main entertainment stage. CMPG agrees to pay for the repair or replacement of all damaged structures, equipment, facilities, trees, landscaping, sidewalks, curbs. and streets in areas occupied by the Festival damaged through any act or omission of CMPG, CMPG 's agents or subcontractors, Festival vendors. or persons attending the Festival CMPG agrees, in accordance with the National Pollutant Discharge Elimination System (NPDES). to mitigate, at its own cost, any pollutants or hazardous materials released into storm drains, catch basins, or on City streets in areas occupied by the Festival through any act or omission of CMPG, CMPG's agents, subcontractors, Festival vendors. or persons attending the Festival. 7. Indemnification A. Indemnification for Professional Liability When the law establishes a professional standard of care for Contractor's Services. to the fullest extent permitted by law, CMPG shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties")from and against any and all losses,liabilities, damages,costs and expenses including attorney sfees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of CMPG, its officers, agents, employees or subcontractors(or any entity or individual that CMPG shall bear the legal liabilitythereof) in the performance of professional services under this agreement. B. Indemnification for Other than Professional Liability Other than in the performance of professional services and to the full extent permitted by law, CMPG shall indemnify,defend and hold harmless City, and any and all of its employees.officials and agents from and against any liability(including liabilityfor claims,suits, actions,arbitration proceedings, administrative proceedings. regulatory proceedings, losses, expenses or costs of any kind. whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of,or are in any way attributable to, in whole or in part,the performance of this Agreement by CMPG or by any individual or entity for which CMPG is legally liable.including but not limited to officers,agents.employees or subcontractors of CMPG. c'. General Indemnification Provisions CMPG agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by. for, with or on behalf of CMPG in the performance of this agreement. In the event CMPG fails to obtain such indemnity obligations from others as required here. CMPG agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of CMPG and shall survive the termination of this agreement or this section 8. Insurance CMPG shall maintain prior to the beginning of the Festival and for the duration of this Agreement insurance coverage as identified in the Certificates of Insurance, attached hereto as Exhibit A and incorporated herein as part of this Agreement. Such insurances shall name the City and others as may be necessary as an additional insured and any change of carrier or policy limits shall require the approval of the City, which shall not be unreasonably withheld. The merchants attending the event shall be responsible for their own property insurance to cover their personal property carried onto the event premises for their commercial benefits. CMPG shall inform the merchants about this requirement before the event and shall keep copies of the insurance forms provided to CMPG for review by the City in the City's sole discretion. 9. Applicable Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California. In the case of conflict and/or dispute between the parties to this Agreement. both parties shall attempt to resolve problems in good faith and an amicable manner. If the parties are unable to resolve a dispute.jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal. state or local courts within the County of Los Angeles, State of California. 10. Representation The persons executing this Agreement on behalf of City and CMPG warrant and represent that he/she has the authority to execute this Agreement on behalf of the City and CMPG and has the authority to bind each to the performance of its obligations hereunder. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed the day and year first above written. (SIGNATURES ON FOLLOWING PAGE) 6 CITY OF ROSEMEAD By: )l .9412. ' Bill M.. IS aver Name: I er owi Attest: /�k Title: TV is id ("'c+-c ronok0.2 . City Clerk (TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CMPG REQUIRED for Corporati6 ) Approved as to Form: BY C ;-. Name lev_i paw- Rachel R'— an, City Attorney Title. Sew12-(C14_U 6 7 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work. Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here. Contractor agrees to amend supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement arid which is applicable to a given loss, will be available to City. Contractor shall provide t he following types and amounts of Insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $3,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined. not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts. errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $2.000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all Contractors, and sub Contractors to do likewise. 2 No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors and sub Contractors to do likewise. 3 All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. 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. 5 No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims. including any exclusion for bodily injury to an employee of the insured or of any Contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City,as the need arises. Contractor shall not make any reductions in scope of coverage (e.g elimination of contractual liability or reduction of discovery period)that may affect City's protection without City's prior written consent. 7 Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled 9 at any time and no replacement coverage is provided. City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation. or that any party will "endeavor' (as opposed to being required) to comply with the requirements of the certificate 9 It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary. noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review - 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention. the deductible or self-insured retention must be declared to the City At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance 10 requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees. officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. EXHIBIT B Date: July 11, 2016 To: City Manager of Rosemead From: CMPG Proposal to the City of Rosemead 2016 Rosemead Moon Festival Dear City Manager, In addition to our application submitted to Rosemead for the 2016 Rosemead Moon Festival, we are respectfully submitting the following proposal for your consideration. Purpose of Event: • Provide an opportunity for the community to recognize the harmony and diversity of City of Rosemead and to appreciate the traditions and creativity among multi-ethnic groups; • Provide an opportunity for Rosemead and local businesses to show case their specialties and services. Overview of Event: An outdoor,open to public and free admission multi-cultural event: • Theme: Moon Festival, a multi-cultural family festival. • Stage Entertainment: Activities to be conducted in bilingual English& Chinese Mandarin. Stage will hold approximately 5 hours of entertainment on the event day. Performance options includes but not limited to: Opening Ceremony, Variety Dance including Filipino Kids Dance, Chinese Fan Dance, Korean Dance, Lion Dance and Street Dance; Chinese Drum, Japanese Drum, Dumpling Contest and Magic Show. • Vender Booths: 70-80 (80%merchandise and service booth; 20% food booth) • Children Activities: Mechanical rides, Jumpers, inflated castles, water bubble, ground bubble, balloons twisting and face painting. Location of Event: • On Valley Blvd., between Walnut Grove Avenue and Ivar Date and Hours of Event: • Saturday, September 17, 2016 (from 4pm to 11pm) Set-up and Clean-up: • Setup will start at 11:00 p.m. on Friday, September 16, 2016 • Clean-up will finish at 4:00 a.m. on Sunday, September 18, 2016 As a co-sponsor of the event City of Rosemead is responsible for the following: • Subsidizes $6,000 in cash for this event • Blocking traffic on the five block section on Valley Blvd. between Walnut Grove Avenue and Ivan., effective on 11:00 p.m. Friday September 16, 2016 to 4:00 am. Sunday September 18, 2016. • Expenses on all City of Rosemead staffs during the entire event. • Contract with LA County Sheriff for safety and security during the event. • Obtaining permission from County Fire Dept. • Providing Traffic Control Plan four weeks after confirmation of event date. • Allowing curb parking on side streets,parking spaces in the City Hall and providing extra 300 parking spaces(blocking Bartlett Ave for vendors parking) • Contract with Republic Services for 2 dumpsters and 80 trash boxes and trash bags. • Contract with Athens Services for street sweeping after the event. • Expenses on promotion with street banners, light pole banners, city newspapers and digital signs starting 1 month preceding the event. • Sending out promotion flyers to the neighborhood 2 weeks preceding the event. • Inviting Council-members to the opening ceremony. As a co-sponsor of the event 2620 Concord Avenue,Suite 100 Alhambra,CA.91803 626.782.9999 CMPG is responsible for the following: • Expenses for booth tents, performances on stage, sound system, tables, chairs,portable toilets, hand wash sink and electric generators. • Contract with cleaning company to cleanup during and after the event. • Health Permit for each food vendor issued by LA County Health Department. • Inviting Food Truck that were previously participated in Rosemead 2015 Moon Festival. • Liability insurance to cover the entire event. Provides upon confirmation of event date. • First Aid Supplies during the event. • Recruiting 50 student-volunteers from City of Rosemead Schools as ushers, street patrol, parking patrol, cleaning crew, etc. • Advertise the event through major media including World Journal, ETTV America and other social media one and a half month before the event. • Media coverage for the event. • Offering 3 booths to City of Rosemead. • Ensure that vendors are appropriate for a family orientated event. • Make sure all vendors are aware that they are limited to the space provided and they should not have equipment or supplies on the sidewalk or in fire lanes. • Reach out to the businesses impacted by the street closure and be creative in encouraging their participation in the event. This is a preliminary proposal and more details can be added if required. We sincerely ask City of Rosemead to list any additional requirement for CMPG to make the event a successful one. Please feel free to contact me at 626-782-9999, ext. 101 or 626-757-4368(cell)or via email at teny @cmpgusa.com. Sincerer Terry Pan President CMPG 2620 Concord Avenue,Suite 100 Alhambra,CA.91803 626.782.9999 ACC,12 o® CERTIFICATE OF LIABILITY INSURANCE DADBr Y ) 942D16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER NAMECT Faye Ll StateFarm Faye Li,agent ace.PHON EWI. 909-e69-7235 110: 909-869-7251 20803 Valley Blvd Ste 104 EMAIL faye.111brastatefarm.com Walnut,CA 91789 INSURERIS)AFFORDING COVERAGE NAIC INSURERA State Farm General Insurance Company 25151 INSURED INSURER B: CAL MARKETING B PROMOTION GROUP INC INSURER C: 2620 CONCORD AVE STE 100 INSURER D: ALHAMBRA,CA 91803 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL;SUBR POLICY EVE POLICY EXP LTR TYPE OF INSURANCE I iNSD WYO- POLICY NUMBER IMMIDWYYYYI IMMry01YY1Yl WATS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED CLAIMS-MADE [XI IX OCCUR I PREMISES(ES CUrtenCel 500000 MED EXP(My one person) 10,000 B X 92-EP-J460-5 08/23/2016 08/23/2017 PERSONAL a ADM INJURY 2,000000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE 4,000,000 ,�' POLICY jECOT LOC PRODUCTS{OMPNP AGO 4,000.000 OTHER: AUTOMOBILE LABILITY X 43]3565-E08-]5F 07/252016 11/082016 rCEa0MaccaBINdenEDISINGLE LIMIT 1,000,000 ANY AUTO BODILY INJURY(Per person) 1,800,000 (I �, AUTOS SCHEDULED BODILY INJURY(Par agiM) 1,000000 AVTOD ONLY AUTOS HIRED - AUTOS OnLY (Per raGmU I4OCCUR EACH OCCURRENCE 1,000,000 UMBRELLA LIPS B EXCESS Una CLAMS-MADE X 92-EP-J463-1 08/23/2016 08/23/2017 AGGREGATE I 1,000,000 I DEO RETENTIONS WORKERS COMPENSATOR ;MUTE EMPLOYERS'LIABIUTY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL.EACH ACCIDENT OFFICER/MEMBER EXCLUDED/ NIA (MandMCly In NNI EL.DISEASE-EA EMPLOYEE If yes a DESCRIPTION OF OPERATIONS be(ou E L.DISEASE-POLICY LIMIT OESCNPTON OF OPERATIONS/LOCAnp19l VEHICLES(ACORD 101,Additional Remarks Schedule,may E9.attached Ilmore space Is reSUUetl( Additonal Insured:City of Rosemead,81338 E.Valley Blvd.Rosemead,CA 91]]0 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Rosemead ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E.Valley Blvd AUTHORIZED REPRESENTAI1VE Rosemead,CA 91]]0 / b 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1001406 132819.12 03-16-3016 ACOKO CERTIFICATE OF LIABILITY INSURANCE NAIT 08/08/201 THIS CERT EISISSUED AS R OF INFORMATION ON AND CONFERS NO RIGHTS UPON T CERTIFICATE H OFR THIS S CERTIFICATE DO T NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR AL TER THE COVE S A FFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRE SENTATIVE OR PRO DUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policylles)must have ADDITIONAL INSURED provisions or be endorsed. II SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on This certificate does not confer rights to the certificate holder in lieu of such endorsemengs), P.Dm..ER CALSTAR INSURANCE AGENCY phONF 62633 SUN rnx 15424 E_VALLEY BLVD. lNC.N .LII (626)330 7699 IAc,,uop(6261DD-0599 CITY OF INDUSTRY, CA 91746 """RF%' °`°"@`alai":Drancecom License#: 0064502 INSURE I61 ArFORSIma COVERAGE FAIC ..UfI.1A Hartford Insurance Companies 11000 imvBrl. u CAL MARKETING&PROMOTION GROUP INC. NsuRlu . DEA CMPG Ns Rrac. 2620 CONCORD AVE STE 100 n.LReae. ALHAMBRA,CA 91803 NEUREH`. COVERAGES CERTIFICATE NUMBER'. 00000000-135549 REVISION NUMBER'. 39 THIS S TO OEFT; THAI IHPOUCIESC=INSLRAiNCE'.SIED BELOW HAVE SEEN ISSUED TO INS NSURED NAMED ABOVE F OR THE POLICY PERIOD IINTICATED Nav,,MISILNOINC ANY RIC'.IfirNFNL TERM OR CONS TION OF ENV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NA ITCH INS CERTIFIC.CF MAY 3E ISSUED OR MAY TARIT N THC INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POTS ES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTA, n RE insuRANcE A)"Vg",".1 POJCYNUMBER POLICY. TYYY IMMODYYVYv U9na TTTINTI A"IN JR' BOOR AJAR Fe BOCideg S TT CT: , NED a A 57WECGE0211 0312412016 03/24/2017 X r`.T, L 1,000,000 1,000,000 (Mar`d:on°NE,u � �. � NI., F. OAF. F� .MP 1,000,000 DESCNIF TIN/.OF OPER ... E DISEASE-POLICY L 5 1,00 0,000 moos vT, Toy 0170 IT, PEIld om,synyaTTly THLy=A. .AL spas.N9AAr PROOF OF INSURANCE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE OX PIRATION DAIL THEREOF.N E OFT RED IN City of Rosemead ACCORDANCE wIIH THE POLICY PROVISIONS D 8838 E.Valley Blvd Rosemead, CA 91770 AJTRORI<m (VS9) IPRE1988-2�ORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Ported by VS9 on A.mgum 08.2016 of 04 04PM Policy No. G 92 EPJ460 5 BUSINESS—OFF=CE Page 1 of 1 Paage t of t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: c 92 EPJ460 5 Named Insured: CAL MARKETING S PROMOTION GROUP INC 2620 CONCORD AVE STE 100 ALHAMBRA CA 9 1803 1235 Name And Address Of Person Or Organization: CITY OF ROSEMEAD 8838 VALLEY BLVD ROSEMEAD CA 91770 1714 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 fb,Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office.Inc,with its permission. Policy No G 92 EPS460 5 BUSINESS-OFFICE CMP-4860.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4860.1 ADDITIONAL INSURED— DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: on 92 EPJ46C 5 Named Insured: CAL MARKETING & PROMOTION GROUP INC 2620 CONCORD AVE STE 100 ALJA'YMRRA CA 91803-1235 Name And Address Of Additional Insured Person Or Organization: CITY CF ROSEMEAD 8838 VALLEY BLVD ROSEMEAD CA 91770 1714 1. SECTION II — WHO IS AN INSURED of b. If coverage provided to the additional in- SECTION II — LIABILITY is amended to in- sured is required by a contract or agree- dude, as an additional insured, any person or ment, the insurance provided to the organization shown in the Schedule, but only additional insured will not be broader than with respect to liability for "bodily injury", that which you are required by the con- "property damage", or"personal and advertis- tract or agreement to provide for such ad- ing injury caused, in whole or in part, by: ditional insured; and a. Premises And Ongoing Operations c. If the contract or agreement between you Your acts or omissions or the acts or and the additional insured is governed by omissions of those acting on your behalf: California Civil Code Section 2782 or 2782.05, the insurance provided to the (1) In connection with your premises; or additional insured is the lesser of that (2) In the performance of your ongoing which: operations; or (1) Is allowed for the satisfaction of a de- b. Products–Completed Operations Tense or indemnity obligation by Cali- -Your work" performed for that additional fornia Civil Code Section 2782 or insured and included in the "products- 2782.05 for your sole liability; or completed operations hazard". (2) You are required by contract or However, Paragraph 1. above is subject to the agreement to provide for such addi- following: tional insured. a. The insurance afforded to the additional We have no duty to defend or indemnify the insured only applies to the extent permit- additional insured under this endorsement un- ted by law, til a claim or"suit" is tendered to us. ®,Copyright,State Farm Mutual Automobile Insurance Company,2013 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CONTINUED CMP-4860.1 Page 2 of 2 2. Any insurance provided to the additional in- (3)The nature and location of any injury sured shall only apply with respect to a claim or damage arising out of the "occur- made or a "suit" brought for damages for rence" or offense; which you are provided coverage. This endorsement shall not increase the ap- b. Tender the defense and indemnity of any plicable Limits Of Insurance shown in the claim or "suit' to us and to all other insur- Declarations. ers who may have insurance potentially available to the additional insured; and 3. Wth respect to the insurance afforded to the additional insured, the following is added to c. Agree to make available any other insur- SECTION II—LIMITS OF INSURANCE: ance the additional insured has for de- If coverage provided to the additional insured fense or damages for which we would is required by contract or agreement, the most provide coverage under SECTION II — we will pay on behalf of the additional insured LIABILITY. will be the lesser of the amount of insurance: 5. Wth respect to the insurance afforded the ad- a. Required by the contract or agreement; or ditional insured, the following replaces SEC- b. Available under the applicable Limits Of TION II — LIABILITY of Paragraph 7. Other Insurance shown in the Declarations. Insurance of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the a. This insurance is primary to and will not Declarations. seek contribution from any other insur- 4. With respect to the insurance afforded to the ante available to the additional insured, additional insured, the following is added to provided that the additional insured is a Paragraph 3. Duties In The Event Of Occur- named insured under such other insur- Paragraph Offense, Claim Or Suit of SECTION II ance. —GENERAL CONDITIONS: b. Regardless of any agreement between The additional insured must: you and the additional insured, this insur- e. See to it that we are notified as soon as ance is excess over any other insurance practicable of an 'occurrence" or an of- whether primary, excess, contingent or on fense which may result in a claim. To the any other basis for which the additional in- extent possible, notice should include: sured has been added as an additional in- (1) How, when and where the "occur- sured on other policies. rence"or offense took place; There will be no refund of premium in the event (2) The names and addresses of any in- this endorsement is cancelled. jured persons and witnesses; and All other policy provisions apply. CMP-4860.1 1007042 148020 08-26-2014 C,Copyright,State Farm Mutual Automobile Insurance Company,2013 Includes copyrighted material of Insurance Services Office,Inc,with its permission.