RFP No. 2022-10 - Entertainment Services for 4th of July EventCity of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
REQUEST FOR PROPOSAL NO. 2022-10
ENTERTAINMENT SERVICES FOR 4TH OF JULY EVENT
SUBMITTALS:
Three (3) bound copies and one (1) electronic PDF file on a flash drive of the
proposal in sealed envelope(s) must be received by
the City of Rosemead’s City Clerk’s Office by
no later than Thursday, May 12, 2022 at 10:00 a.m.
CONTACT PERSON:
Jacqueline Guerrero, Recreation Supervisor
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2162
jguerrero@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
INQUIRIES: Direct questions for clarification on Request for Proposal
documents to Jacqueline Guerrero, Recreation Supervisor
(626) 569-2268 or jguerrero@cityofrosemead.org
MODIFICATIONS: Any modification of this Request for Proposal will be provided
to consultants who request notification of any modifications.
ISSUANCE DATE: April 26, 2022
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
CONTENTS
A. Introduction………..……………………………………………………………………………………………………………….3
B. Background…..……………………………………………………………………………………………………………………..3
C. Scope of Services………………………………………………………………………………………………………………….3
D. Submittal Requirements……………………………………………………………………………………………………….4
E. Selection Process and Scheduled………………………………………………………………………………………….5
F. Submittal Deadlines……………………………………………………………………………………………………………..5
G. Inquiries……….………………………………………………………………………………………………………………………6
ATTACHMENT A: Draft Professional Services Agreement
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
A. INTRODUCTION
The City of Rosemead seeks to award a one-year contract for entertainment services for the
Annual 4th of July Event. The chosen vendor will need to show a record of reliability and quality,
as well as the ability to provide quality equipment and services at a competitive price.
B. BACKGROUND
The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown
Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west
by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South
San Gabriel, on the south by Montebello, plus by El Monte and South El Monte on the east. The
City is 5.5 square miles (2,344-acres) in size.
Rosemead is a working-class suburb with a diverse population base. According to the 2010
Census, the City had a population of 53,764. The estimated makeup of the City was 4.7% White,
0.3% African American, 60.3% Asian, 33% Hispanic/Latino (of any race), and 0.7% Non-Hispanic
Other. As a substantially built-out city, Rosemead only added 259 residents to its population
during the last decade (2000-2010).
Rosemead operates under the Council/Manager form of government. The City Council is elected
at large to four years, overlapping terms. The Mayor is elected by a majority vote of the City
Council and rotates each year. The City Manager is appointed by and assists with carrying out the
vision of the City Council.
The Parks and Recreation Department serves under the direction of the Director of Parks and
Recreation, Tom Boecking. The Department combines the functions of managing citywide
recreational activities, all annual citywide events, sports, running an aquatic center, and
managing multiple community centers, as well as distributing the City’s quarterly newsletter.
C. SCOPE OF SERVICES
Please see ATTACHMENT A: EXHIBIT A.
D. SUBMITTAL REQUIREMENTS
1. Introductory Letter
This letter should be on company letterhead and addressed to the City’s Parks and
Recreation Director, Tom Boecking, and should summarize the major points contained in
the proposal and should be signed by a representative of the firm with the authority to
negotiate and bind the firm. Indicate in the letter whether there are any conflicts of
interest that would limit the firm’s ability to provide the requested services.
2. Background, Experience and Financial Stability
a. Each Proposer shall provide a summary statement outlining the firm’s history and
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
experience, including experience within the last five years.
b. Each Proposer is to provide information and location of the firm’s active print
facility/facilities from which the proposer will be conducting printing services.
c. Each Proposer shall certify that it has the financial capacity to provide services
outlined in this RFP for a period of one year and there are no pending litigations,
bankruptcy proceedings or financial events against the organization that may impact
its financial capacity.
3. Proposed Materials and Services
Proposal should indicate the company’s availability to provide the items listed in
Attachment A, Exhibit A and any other relevant materials and services for this proposal.
4. Substitutions
If you are unable to provide all of the requested items, please indicate comparable
substitutions and/or submit bid proposal for partial equipment. Pricing must be itemized
for each individual item and include tax and delivery/takedown.
5. References
References will be contacted as part of the selection process. References should include
the contact’s name, title, company/organization, address, e-mail and phone number.
Provide a minimum of four (4) references. The Proposer shall disclose any financial,
business, or other relationship with the City that may have an impact upon the outcome
of this contract and shall also list current clients who may have a financial interest in the
outcome of this contract.
6. Cost Proposal
Provide one copy of the cost proposal and make clear all extra fees.
E. SELECTION PROCESS AND SCHEDULE
The proposal received will be evaluated and ranked according to the following criteria points:
Description Percentage
Pricing 70%
Background, references, experience, and financial stability 30%
Total 100%
If there are unresolved issues and negotiations are unsuccessful with the top ranked firm,
negotiations with that firm will be formally terminated and the City may attempt to negotiate an
agreement with the next highest ranked firm. Aside from announcing the top ranked proposals,
the rankings will be kept confidential. Award of the selected firm’s contract may be subject to
City Council approval.
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
F. SUBMITTAL DEADLINES
Below is the tentative RFP schedule, subject to change:
Description Dates
RFP Issuance April 26, 2022
Deadline for Submittal of Questions May 6, 2022
Staff Responses to Questions May 9, 2022
Deadline for Submittals of Proposal May 12, 2022
Proposal Review and Selection May 16 – May 18, 2022
Award of Contract (approx.) May 24, 2022
The City must receive three (3) sets of proposals from interested firms no later than 10:00 a.m.
on May 12, 2022. Please submit all proposals to:
Request for Proposal – Parks and Recreation Brochure Printing Services
ATTN: Ericka Hernandez, City Clerk
City of Rosemead | City Clerk’s Office
8858 E. Valley Blvd.
Rosemead, CA 91770
Electronic, faxed, or late proposals will not be considered.
G. INQUIRIES
Questions about this Request for Proposal should be made by phone (626) 569-2268 or e-mailed
to jguerrero@cityofrosemead.org. All questions must be submitted by 10:00 a.m. Friday, May 6,
2022. If appropriate, responses will be posted on the City website with this RFP by close of
business on Monday, May 9, 2022.
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
ATTACHMENT A
(DRAFT)
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF ROSEMEAD
AND
CONSULTANT
This PROFESSIONAL SERVICE AGREEMENT (PSA) (“AGREEMENT”), is made and effective as of
[Insert date], between the ("AGENCY") [Insert agency name], a municipal corporation and [Insert
consultant], [a sole proprietorship, partnership, limited liability partnership, corporation]
("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
I. TERM
This AGREEMENT shall commence on [Insert date] and shall remain and continue in effect
until tasks described herein are completed, but in no event later than [Insert date] unless
sooner terminated pursuant to the provisions of this AGREEMENT.
II. SERVICES
CONSULTANT shall perform the tasks described and set forth in EXHIBIT A, attached
hereto and incorporated herein as though set forth in full. CONSULTANT shall complete
the tasks according to the schedule of performance which is also set forth in EXHIBIT A.
To the extent that EXHIBIT A is a proposal from CONSULTANT, such proposal is
incorporated only for the description of the scope of services and no other terms and
conditions from any such proposal shall apply to this AGREEMENT unless specifically
agreed to in writing.
III. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of his/her ability,
experience, and talent, perform all tasks described herein. CONSULTANT shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of CONSULTANT hereunder in meeting its
obligations under this AGREEMENT.
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
IV. AGENCY MANAGEMENT
Agency’s [Insert title] shall represent AGENCY in all matters pertaining to the
administration of this AGREEMENT, review and approval of all products submitted by
CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or
change the compensation due to CONSULTANT. Agency’s Manager shall be authorized to
act on AGENCY's behalf and to execute all necessary documents which enlarge the Tasks
to Be Performed or change CONSULTANT's compensation, subject to Section 5 hereof.
V. PAYMENT
A. The AGENCY agrees to pay CONSULTANT on a quarterly basis, in accordance with
the payment rates and terms and the schedule of payment as set forth in EXHIBIT
B, attached hereto and incorporated herein by this reference as though set forth
in full, based upon actual time spent on the above tasks. This amount shall not
exceed [Insert amount] dollars ($__.00) for the total term of the AGREEMENT
unless additional payment is approved as provided in this AGREEMENT.
B. CONSULTANT shall not be compensated for any services rendered in connection
with its performance of this AGREEMENT which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by
the Agency Manager. CONSULTANT shall be compensated for any additional
services in the amounts and in the manner as agreed to by Agency Manager and
CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT
for the performance of said services. The Agency Manager may approve additional
work not to exceed ten percent (10%) of the amount of the AGREEMENT, but in
no event shall such sum exceed ten-thousand dollars ($10,000.00). Any additional
work in excess of this amount shall be approved by the Governing Board.
C. CONSULTANT will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall
be made within thirty (30) days of receipt of each invoice as to all non-disputed
fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice
to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed
fees set forth on the invoice. Any final payment under this AGREEMENT shall be
made within forty-five (45) days of receipt of an invoice therefore.
VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
A. The AGENCY may at any time, for any reason, with or without cause, suspend or
terminate this AGREEMENT, or any portion hereof, by serving upon the
CONSULTANT at least ten (10) days prior written notice. Upon receipt of said
notice, the CONSULTANT shall immediately cease all work under this AGREEMENT,
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
unless the notice provides otherwise. If the AGENCY suspends or terminates a
portion of this AGREEMENT such suspension or termination shall not make void
or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY
shall pay to CONSULTANT the actual value of the work performed up to the time
of termination, provided that the work performed is of value to the AGENCY. Upon
termination of the AGREEMENT pursuant to this Section, the CONSULTANT will
submit an invoice to the AGENCY pursuant to Section 5.
VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall
constitute a default. In the event that CONSULTANT is in default for cause under
the terms of this AGREEMENT, AGENCY shall have no obligation or duty to
continue compensating CONSULTANT for any work performed after the date of
default and can terminate this AGREEMENT immediately by written notice to the
CONSULTANT. If such failure by the CONSULTANT to make progress in the
performance of work hereunder arises out causes beyond the CONSULTANT's
control, and without fault or negligence of the CONSULTANT, it shall not be
considered a default.
B. If the Agency Manager or his/her designee determines that the CONSULTANT is in
default in the performance of any of the terms or conditions of this AGREEMENT,
he/she shall cause to be served upon the CONSULTANT a written notice of the
default. The CONSULTANT shall have ten (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the
event that the CONSULTANT fails to cure its default within such period of time or
fails to present the AGENCY with a written plan for the cure of the default, the
AGENCY shall have the right, notwithstanding any other provision of this
AGREEMENT, to terminate this AGREEMENT without further notice and without
prejudice to any other remedy to which it may be entitled at law, in equity or
under this AGREEMENT.
VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by AGENCY that
relate to the performance of services under this AGREEMENT. CONSULTANT shall
maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily
accessible. CONSULTANT shall provide free access to the representatives of
AGENCY or its designees at reasonable times to such books and records; shall give
AGENCY the right to examine and audit said books and records; shall permit
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
AGENCY to make transcripts or copies therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
AGREEMENT. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this
AGREEMENT, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this AGREEMENT shall become the sole
property of the AGENCY and may be used, reused, or otherwise disposed of by the
AGENCY without the permission of the CONSULTANT. With respect to computer
files, CONSULTANT shall make available to the AGENCY, at the CONSULTANT's
office and upon reasonable written request by the AGENCY, the necessary
computer software and hardware for purposes of accessing, compiling,
transferring, copying and/or printing computer files. CONSULTANT hereby grants
to AGENCY all right, title, and interest, including any copyright, in and to the
documents, designs, drawings, maps, models, computer files, surveys, notes, and
other documents prepared by CONSULTANT in the course of providing the
services under this AGREEMENT.
IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold
harmless AGENCY 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 legal counsel’s fees and costs, caused in whole or in
part by the negligent or wrongful act, error or omission of CONSULTANT, its
officers, agents, employees or subconsultants (or any agency or individual that
CONSULTANT shall bear the legal liability thereof) in the performance of services
under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless
AGENCY shall not extend to the AGENCY’s sole or active negligence.
B. Duty to defend
In the event the AGENCY, its officers, employees, agents and/or volunteers are
made a party to any action, lawsuit, or other adversarial proceeding arising from
the performance of the services encompassed by this AGREEMENT, and upon
demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s
cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense,
including reasonable attorney’s fees and costs incurred in the defense of such
matters to the extent the matters arise from, relate to or are caused by
CONSULTANT’s negligent acts, errors or omissions. Payment by AGENCY is not a
condition precedent to enforcement of this indemnity. In the event of any dispute
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
between CONSULTANT and AGENCY, as to whether liability arises from the sole or
active negligence of the AGENCY or its officers, employees, or agents,
CONSULTANT will be obligated to pay for AGENCY’s defense until such time as a
final judgment has been entered adjudicating the AGENCY as solely or actively
negligent. CONSULTANT will not be entitled in the absence of such a
determination to any reimbursement of defense costs including but not limited to
attorney’s fees, expert fees and costs of litigation.
X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this
AGREEMENT insurance coverage as specified in EXHIBIT C attached to and part of this
AGREEMENT.
XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly
independent consultant and/or independent contractor. The personnel
performing the services under this AGREEMENT on behalf of CONSULTANT shall
at all times be under CONSULTANT's exclusive direction and control. Neither
AGENCY nor any of its officers, employees, or agents shall have control over the
conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents,
except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in
any manner represent that it or any of its officers, employees, or agents are in any
manner officers, employees, or agents of the AGENCY. CONSULTANT shall not
incur or have the power to incur any debt, obligation, or liability whatever against
AGENCY, or bind AGENCY in any manner.
B. No employee benefits shall be available to CONSULTANT in connection with the
performance of this AGREEMENT. Except for the fees paid to CONSULTANT as
provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other
compensation to CONSULTANT for performing services hereunder for AGENCY.
AGENCY shall not be liable for compensation or indemnification to CONSULTANT
for injury or sickness arising out of performing services hereunder.
XII. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of State and Federal laws and regulations
which in any manner affect those employed by it or in any way affect the performance of
its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and
comply with all such laws and regulations. The AGENCY, and its officers and employees,
shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply
with this Section.
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
XIII. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used
against or in concert with any officer or employee of the AGENCY in connection with the
award, terms or implementation of this AGREEMENT, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the AGENCY has or will receive compensation, directly or indirectly, from CONSULTANT,
or from any officer, employee or agent of CONSULTANT, in connection with the award of
this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation
of this Section shall be a material breach of this AGREEMENT entitling the AGENCY to any
and all remedies at law or in equity.
XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of AGENCY, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any
agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this AGREEMENT.
XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall
be considered confidential and shall not be released by CONSULTANT without
AGENCY's prior written authorization. CONSULTANT, its officers, employees,
agents, or subconsultants, shall not without written authorization from the
Agency Manager or unless requested by the Agency Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this
AGREEMENT or relating to any project or property located within the AGENCY.
Response to a subpoena or court order shall not be considered "voluntary"
provided CONSULTANT gives AGENCY notice of such court order or subpoena.
B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers,
employees, agents, or subconsultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request
for admissions, or other discovery request (“Discovery”), court order, or subpoena
from any person or party regarding this AGREEMENT and the work performed
there under or with respect to any project or property located within the AGENCY,
unless the AGENCY is a party to any lawsuit, arbitration, or administrative
proceeding connected to such Discovery, or unless CONSULTANT is prohibited by
law from informing the AGENCY of such Discovery. AGENCY retains the right, but
has no obligation, to represent CONSULTANT and/or be present at any deposition,
hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT
in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to
provide the opportunity to review any response to discovery requests provided by
CONSULTANT. However, AGENCY's right to review any such response does not
imply or mean the right by AGENCY to control, direct, or rewrite said response.
XVI. NOTICES
Any notices which either party may desire to give to the other party under this
AGREEMENT must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the
United States Mail, certified mail, postage prepaid, return receipt requested, addressed
to the address of the party as set forth below or at any other address as that party may
later designate by notice:
To AGENCY: [Insert agency]
_________________________
_________________________
Attention: Agency Clerk
To CONSULTANT: _________________________
_________________________
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part
thereof, nor any monies due hereunder, without prior written consent of the AGENCY.
Because of the personal nature of the services to be rendered pursuant to this
AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT.
[Insert name] may use assistants, under his/her direct supervision, to perform some of
the services under this AGREEMENT. CONSULTANT shall provide AGENCY fourteen (14)
days' notice prior to the departure of [Insert name] from CONSULTANT's employ. Should
he/she leave CONSULTANT's employ, the AGENCY shall have the option to immediately
terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon
termination of this Agreement, CONSULTANT's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the Governing Board and the CONSULTANT.
Before retaining or contracting with any CONSULTANT for any services under this
AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed
CONSULTANT, a copy of the proposed written contract between CONSULTANT and such
sub-consultant which shall include and indemnity provision similar to the one provided
herein and identifying AGENCY as an indemnified party, or an incorporation of the
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
indemnity provision provided herein, and proof that such proposed sub-consultant
carries insurance at least equal to that required by this AGREEMENT or obtain a written
waiver from AGENCY for such insurance.
XVIII. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and
effect, all licenses required of it by law for the performance of the services described in
this AGREEMENT.
XIX. GOVERNING LAW
The AGENCY and CONSULTANT understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
AGREEMENT and also govern the interpretation of this Agreement. Any litigation
concerning this AGREEMENT shall take place in the municipal, superior, or federal district
court with jurisdiction over the AGENCY.
XX. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the
obligations of the parties described in this AGREEMENT. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written and
pertaining to the subject of this AGREEMENT or with respect to the terms and conditions
of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or
effect. Each party is entering into this AGREEMENT based solely upon the representations
set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of AGENCY's Request for Proposal, EXHIBIT "D"
hereto and incorporated herein by this reference, and the contents of the proposal
submitted by the CONSULTANT, EXHIBIT "E" hereto. In the event of conflict, the
requirements of AGENCY's Request for Proposals and this AGREEMENT shall take
precedence over those contained in the CONSULTANT's proposals. The incorporation of
the CONSULTANT’s proposal shall be for the scope of services to be provided only, and
any other terms and conditions included in such proposal shall have no force and effect
on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless
expressly agreed to in writing.
XXII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants
and represents that he/she has the authority to execute this AGREEMENT on behalf of
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
the CONSULTANT and has the authority to bind CONSULTANT 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.
CONSULTANT
By:___________________
(Signature)
______________________
(Consultant Name)
______________________
(Title)
[City of Rosemead]
A Municipal Corporation
______________________
City Manager
ATTEST:
___________________
City Clerk
APPROVED AS TO FORM:
City Attorney
By: ______________________
EXHIBITs: EXHIBIT A Scope of Services
EXHIBIT B Payment Schedule
EXHIBIT C Insurance Requirements
EXHIBIT D Request for Proposal
EXHIBIT E Consultant’s Proposal
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
EXHIBIT A
CITY OF ROSEMEAD – SCOPE OF SERVICES
The Annual 4th of July Event will take place on Monday, July 4, 2022. The event will take place at
Rosemead Park, 4343 Encinita Ave, Rosemead, CA 91770 from 12:00 to 10:00 pm.
The City requests that proposals contain the following:
1. Operations of 10 rides:
a. 5 major rides
b. 5 minor rides
c. A professional operator for each ride and attraction is required for the duration of
the event.
d. City will collect all monies and pay the amount agreed upon for each ride.
2. Operation of 7 game booths:
a. All monies shall be collected by the Consultant.
3. Operation of 1 food concession booth:
a. All monies shall be collected by the Consultant.
4. Operation of ride ticket sales booth:
a. Ticket booth will be staffed with City personnel.
b. The City shall collect all monies.
5. ATM of 1 ATM machine.
a. The Consultant will collect all monies.
6. Power Supply
a. The Consultant will supply sufficient generator power for the operation of each
ride or attraction for the duration of the event.
7. Provide personnel to operate rides, games booths, and concession booth for 10
operational hours of service.
.
All quotes should be itemized and include detailed information.
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
EXHIBIT B
PAYMENT SCHEDULE
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of AGENCY, and prior to commencement of
Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this
AGREEMENT, policies of insurance of the type and amounts described below and in a form
satisfactory to AGENCY.
Note: Verify minimum limit for each coverage with Risk Manager.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance
with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less
than $5,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury,
and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as
broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for
all activities of the Consultant arising out of or in connection with Work to be performed under
this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an
amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional
liability insurance that covers the Services to be performed in connection with this AGREEMENT,
in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date,
continuity date, or retroactive date must be before the effective date of this AGREEMENT and
CONSULTANT agrees to maintain continuous coverage through a period no less than three (3)
years after completion of the services required by this AGREEMENT.
Note: May need to delete workers' compensation and employer's liability insurance requirements
for certain sole proprietorships, partnerships, or corporations without employees.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation
Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
CONSULTANT shall submit to AGENCY, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers.
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to AGENCY as evidence
of the insurance coverage required herein, along with a waiver of subrogation endorsement for
workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
Risk Manager prior to commencement of performance. Current certification of insurance shall
be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the
right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from or
in connection with the performance of the Work hereunder by CONSULTANT, his agents,
representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any
insurance or self-insurance procured or maintained by AGENCY shall not be required to
contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of AGENCY before the AGENCY’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
Agency’s rights of enforcement. In the event any policy of insurance required under this
AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by AGENCY will be promptly reimbursed by CONSULTANT or AGENCY will withhold amounts
sufficient to pay premium from CONSULTANT payments. In the alternative, AGENCY may cancel
this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance or is on the List of
Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating
of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest
edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against AGENCY, its elected or appointed
officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against AGENCY,
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that
any actual or alleged failure on the part of the AGENCY to inform CONSULTANT of non-
compliance with any requirement imposes no additional obligations on the AGENCY nor does it
waive any rights hereunder.
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
Requirements not limiting. Requirements of specific coverage features or limits contained in this
Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the AGENCY requires and
shall be entitled to coverage for the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the AGENCY.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to
provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which
a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that
AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional
insureds under such policies. This provision shall also apply to any excess/umbrella liability
policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be
in compliance with these requirements if they include any limiting endorsement of any kind that
has not been first submitted to AGENCY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds
ensuring that Consultant’s insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies)
shall not contain any cross-liability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and
any other party involved with the project who is brought onto or involved in the project by
CONSULTANT, provide the same minimum insurance coverage and endorsements required of
CONSULTANT. CONSULTANT 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. CONSULTANT agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to AGENCY for review.
Agency’s right to revise specifications. The AGENCY reserves the right at any time during the
term of the contract to change the amounts and types of insurance required by giving the
CONSULTANT ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the CONSULTANT, the AGENCY and CONSULTANT may renegotiate
CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by
AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated,
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by AGENCY.
Timely notice of claims. CONSULTANT shall give AGENCY prompt and timely notice of claims
made or suits instituted that arise out of or result from CONSULTANT’s performance under this
AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense,
any additional kinds of insurance, which in its own judgment may be necessary for its proper
protection and prosecution of the work.
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
EXHIBIT D
REQUEST FOR PROPOSAL
City of Rosemead – Entertainment Services for 4th of July Event Request for Proposal No. 2022-10
EXHIBIT E
CONSULTANT’S PROPOSAL