CC - Item 4D - Award of Contract to Schoeppner Shows Carnival for Services at the Annual July 4th EventROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER V(-/
DATE: MARCH 25, 2025
SUBJECT: AWARD OF CONTRACT TO SCHOEPPNER SHOWS CARNIVAL FOR
SERVICES AT THE ANNUAL DULY 4 EVENT
SUMMARV
The Parks and Recreation Department is seeking the City Council to approve a contract with
Schoeppner Shows Carnival. The contract is to provide carnival rides, games, and services for
the Annual July 41h Event at Rosemead Park. As part of the Proposed Fiscal Year 2025-26
budget, $130,000 has been requested for the July 4th Event. Staff recommends that the City
Council authorize the City Manager to approve an agreement with Schoeppner Shows Carnival
for $52,000.
DISCUSSION
Staff from the Parks and Recreation Department investigated various options for entertainment
services for the Annual July 4th Event at Rosemead Park. As a result, a Request for Proposal
(RFP) was drafted and published on January 30, 2025, with a due date of March 25, 2025. The
RFP is provided as an attachment to this report. Only one company, Schoeppner Shows
Carnival, responded to the RFP.
Schoeppner Shows Carnival has been an established family business since 1983. They have
built a strong reputation throughout Southern California and Nevada and provides exceptional
services at county fairs, city events, and church festivals. Schoeppner provided carnival services
last year in 2023. The company will begin to load in at Rosemead Park on Monday, July 1, with
the final setup completed on Wednesday, July 3. The company will provide the following rides,
services, and equipment.
• 5 Minor Rides
• 5 Major Rides
• 7 games booths
• 2 food booths
• Generators for all attractions
• Staff to operate rides, games, and food booths
AGENDA ITEM 4.1)
City Council Meeting
March 25, 2025
Page 2 of 2
As part of the agreement, Schoeppner Shows Carnival will obtain all required operating permits.
The City of Rosemead will provide restrooms and a trash bin for carnival personnel.
The company will pay for all permits.
STAFF RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to approve an agreement
with Schoeppner Shows Carnival in amount not -to -exceed $52,000, from account number
101-4040-5710.
FISCAL IMPACT
The total amount for the contract is $52,000. Funds are available in the proposed FY 25-26
budget from the General Fund, account number 101-4040-5710.
STRATEGIC PLAN IMPACT
The project is consistent with the Strategic Plan's guiding principle for fiduciary responsibility of
providing full transparency in the financial management of the City's finances and providing
quality of life enhancement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification.
Submitted by:
Tom Boecking
Director of Parks & Recreation
Attachment A: Proposed Agreement
Attachment B: Request for Proposal
Attachment C: Schoeppner Shows Carnival Proposal
Attachment A
4th of July Entertainment Services Agreement
PROFESSIONAL SERVICES AGREEMENT
ENTERTAINMENT SERVICES FOR 4T" OF JULY EVENT
SCHOEPPNER SHOWS CARNIVAL
1. PARTIES AND DATE.
This Agreement is made and entered into this March 25, 2025 (Effective Date) by
and between the City of Rosemead, a municipal organization organized under the laws
of the State of California with its principal place of business at 8838 E. Valley Blvd.,
Rosemead, California 91770 ("City") and Schoeppner Shows Carnival with its principal
place of business at 41910 27th St. W, Palmdale, CA 93551 ("Vendor"). City and Vendor
are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Vendor.
Vendor desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Vendor represents that it is experienced in providing carnival rides and
entertainment services for events to public clients, is licensed in the State of California
and is familiar with the plans of City.
2.2 Project.
City desires to engage Vendor to render entertainment services for the Annual 4th
of July Event ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Vendor promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the carnival area at the Annual 4th of JUly
event with rides and concession services necessary for the City, herein referred to a
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"Services". The Services are more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein
by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall commence on June 30, 2025
and shall remain and continue in effect until talks described herein are completed, but in
no event later than July 8, 2025 unless sooner terminated pursuant to the provisions of
this agreement. Vendor shall complete the Services within the term of the Agreement
and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Vendor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Vendor or under its supervision. Vendor will determine
the means, methods and details of performing the Services subject to the requirements
of this Agreement. City retains Vendor on an independent contractor basis and not as an
employee. Vendor retains the right to perform similar or different services for others
during the term of this Agreement. Any additional personnel performing the Services
under this Agreement on behalf of Vendor shall also not be employees of City and shall
at all times be under Vendor's exclusive direction and control. Vendor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of
Services under this Agreement and as required by law. Vendor shall be responsible for
all reports and obligations respecting such additional personnel, including, but not limited
to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Vendor shall perform the Services
expeditiously, within the term of this Agreement. Vendor represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Vendor's conformance with the Schedule, City
shall respond to Vendor's submittals in a timely manner. Upon request of City, Vendor
shall provide a more detailed schedule of anticipated performance to meet the Schedule
of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Vendor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Vendor has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Vendor may substitute other
personnel of at least equal competence upon written approval of City. In the event that
City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled
to terminate this Agreement for cause. As discussed below, any personnel who fail or
refuse to perform the Services in a manner acceptable to the City, or who are determined
by the City to be uncooperative, incompetent, a threat to the adequate or timely
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completion of the Project or a threat to the safety of persons or property, shall be promptly
removed from the Project by the Vendor at the request of the City.
3.2.5 City's Representative. The City hereby designates the City
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act
on behalf of the City for all purposes under this Agreement. Vendor shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Vendor's Representative. Vendor will designate to act as its
representative for the performance of this Agreement ("Vendor's Representative").
Vendor's Representative shall have full authority to represent and act on behalf of the
Vendor for all purposes under this Agreement. The Vendor's Representative shall
supervise and direct the Services, using his/her best skill and attention, and shall be
responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Vendor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, Vendors and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Vendor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same
discipline in the State of California. Vendor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Vendor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Vendor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Vendor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Vendor's
failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations. Vendor shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Vendor shall be liable for all
violations of such laws and regulations in connection with Services. If the Vendor
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Vendor shall be solely responsible for all costs
arising therefrom. Vendor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
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provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Vendor shall maintain prior to the beginning of
and for the duration of this Agreement insurance coverage as specified in Exhibit B
attached to and part of this agreement.
3.2.11 Safety: Vendor shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Vendor
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Vendor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed $52,000 per fiscal year. The City agrees to pay Vendor a fee of fifty-two thousand
dollars ($52,000). Extra Work may be authorized in writing, as described below, and will
be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Vendor shall submit to City a monthly
itemized statement which indicates work completed and Services rendered by Vendor.
The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Vendor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Vendor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of
this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
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3.3.5 Prevailing Wages: Vendor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the
total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing
Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem
wages in effect at the commencement of this Agreement. Vendor shall make copies of
the prevailing rates of per diem wages for each craft; classification or type of worker
needed to execute the Services available to interested parties upon request, and shall
post copies at the Vendor's principal place of business and at the project site. Vendor
shall defend, indemnify and hold the City, its elected officials, officers, employees and
agents free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Vendor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement.
All such records shall be clearly identifiable. Vendor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Vendor shall allow
inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice
to Vendor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Vendor of such termination, and specifying the effective
date thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Vendor shall be compensated only for those services which have been
adequately rendered to City, and Vendor shall be entitled to no further compensation.
Vendor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Vendor to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Vendor in connection
with the performance of Services under this Agreement. Vendor shall be required to
provide such document and other information within fifteen (15) days of the request.
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3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
VENDOR:
Richard Schoeppner
41910 27th St. W
Palmdale, CA 93551
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Tom Boecking
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property:
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Vendor under this
Agreement ("Documents & Data"). Vendor shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Vendor represents and warrants
that Vendor has the legal right to license any and all Documents & Data. Vendor makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Vendor or provided to Vendor by the City. City shall
not be limited in any way in its use of the Documents and Data at any time, provided that
any such use not within the purposes intended by this Agreement shall be at City's sole
risk.
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3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Vendor in connection with the performance of this Agreement shall be held confidential
by Vendor. Such materials shall not, without the prior written consent of City, be used by
Vendor for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor
or is generally known, or has become known, to the related industry shall be deemed
confidential. Vendor shall not use City's name or insignia, photographs of the Project, or
any publicity pertaining to the Services or the Project in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written
consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all costs of such action.
3.5.6 Indemnification: To the fullest extent permitted by law, Vendor shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Vendor, its officials, officers, employees, agents,
vendors and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses.
Vendor shall defend, at vendor's own cost, expense and risk, any and all such aforesaid
suits, actions or other legal proceedings of every kind that may be brought or instituted
against City, its directors, officials, officers, employees, agents or volunteers. Vendor
shall pay and satisfy any judgment, award or decree that may be rendered against City
or its directors, officials, officers, employees, agents or volunteers, in any such suit, action
or other legal proceeding. Vendor shall reimburse City and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Vendor's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials officers, employees, agents or volunteers.
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3.5.7 Entire Agreement: This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Vendors: City reserves right to employ
other Vendors in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Vendor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Vendor include all personnel,
employees, agents, and subcontractors of Vendor, except as otherwise specified in this
Agreement. All references to City include its elected officials, officers, employees, agents,
and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
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3.5.17 Invalidity; Severability: If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Vendor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Vendor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Vendor further agrees to file, or shall cause its employees or subVendors to
file, a Statement of Economic Interest with the City's Filing Officer as required under state
law in the performance of the Services. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement,
no member, officer or employee of City, during the term of his or her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Vendor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Vendor shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Vendor certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Vendor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each
of which shall constitute an original.
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3.6 Subcontracting.
3.6.1 Prior Approval Required: Vendor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[Signatures on next page]
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CITY OF ROSEMEAD
City Manager Date
Attest:
City Clerk
Approved as to Form:
City Attorney
Date
Date
CONTRACTOR
in
Date
Name:
Title:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
By:
Name:
Title:
EXHIBIT A
PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME
The Annual 4th of July Event will take place on Friday, July 4, 2025. The event will take place at
Rosemead Park, 4343 Encinita Ave, Rosemead, CA 91770 from 12:00 to 10:00 pm.
The City requests that proposals contain the following:
1. Operations of 10 rides:
a.
Hustler
Major
b.
Loop o Plane
Major
c.
Swinger
Major
d.
Round Up
Major
e.
Heart Flip
Major
f.
Castle Dare
Minor
g.
Super Slide
Minor
h.
Pirates Revenge
Minor
i.
Antique Car Ride
Minor
j.
Berry Go Round
Minor
k.
A professional operator
for each ride and attraction is required for the duration of
the event.
I.
City will collect all monies and pay the amount agreed upon for each ride.
2. Operation of 7 game booths:
a. All monies shall be collected by the Vendor.
b. The Vendor will reimburse the City $200 per game booth for games that are not
set up.
c. List of Games
i. Balloons, High Striker, Tubs, Grab Bag, Duck Pond, Goldfish, One Ball
3. Operation of 2 food concession booths:
a. All monies shall be collected by the Vendor.
4. Operation of ride ticket sales booth, provided by the Vendor:
a. Ticket booth will be staffed with City personnel.
b. The City shall collect all monies.
5. Power Supply
a. The Vendor will supply sufficient generator power for the operation of each ride
or attraction for the duration of the event.
6. Provide personnel to operate rides, games booths, and concession booth for 10
operational hours of service.
A-1
7. The Vendor will pay for all operating permits.
8. The City of Rosemead will provide two (2) restrooms just for carnival personnel and one
trash bin between July 1 and July 8, 2025.
9. The City will conduct a final ride inspection on Thursday, July 3 at 3:00 pm at Rosemead
Park.
UAW
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Vendor will maintain insurance
in conformance with the requirements set forth below. Vendor will use existing coverage to comply
with these requirements. If that existing coverage does not meet the requirements set forth here,
Vendor agrees to amend, supplement or endorse the existing coverage to do so. Vendor
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.
Vendor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Vendor shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an
amount not less than $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.
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 that
$1,000,000 combined single limit per accident. If Vendor owns no vehicles, this requirement may
be satisfied by a non -owned auto endorsement to the general liability policy described above. If
Vendor or Vendor employees will use personal autos in any way on this project, Vendor 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.
Vendor 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.
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. Vendor shall obtain
and maintain an umbrella or excess liability insurance policy with limits that will provide bodily
injury, personal injury and property damage liability coverage at least as broad as the primary
coverages set forth above, including commercial general liability, automobile liability, and
employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or excess
policies.
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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 Vendor 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 $1,000,000 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.
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
Vendor maintains higher limits than the minimums shown above, the Agency requires and shall
be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available
to the Agency.
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 M.
General conditions pertaining to provision of insurance coverage by Vendors. Vendor and City
agree to the following with respect to insurance provided by Vendor:
1. Vendor 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. Vendors also agrees to require all contractors,
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Vendor, or Vendor's employees, or agents, from waiving the right of subrogation prior to
a loss. Vendor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and subcontractors
to do likewise.
3. All insurance coverage and limits provided by Vendor 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.
14M
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. Vendor 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 Vendor'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 Vendor or deducted
from sums due Vendor, at City option.
Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Vendor 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 Vendor 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. Vendor agrees to ensure that subcontractors, and any other party involved with the project
who is brought onto or involved in the project by Vendor, provide the same minimum
insurance coverage required of Vendor. Vendor agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Vendor agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to City
for review.
11. Vendor 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 vendor,
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 Vendor'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 Vendor, 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 Vendor ninety (90) days advance written
C-3
notice of such change. If such change results in substantial additional cost to the Vendor,
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. Vendor acknowledges and agrees that any actual or alleged failure on the part of City to
inform Vendor 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. Vendor 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. Vendor 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 Vendor'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 Vendor under this agreement. Vendor 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. Vendor agrees to be responsible for ensuring that no contract used by any parry involved
in any way with the project reserves the right to charge City or Vendor 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 parry for
C-4
the cost of complying with these requirements. There shall be no recourse against City for
payment of premiums or other amounts with respect thereto.
Vendor agrees to provide immediate notice to City of any claim or loss against Vendor 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.
C-5
EXHIBIT C
PAYMENT SCHEDULE
The City agrees to pay the Vendor an initial deposit of $22,000 no later than Tuesday,
June 17, 2025.
The remaining balance of $30,000 is due to the Vendor on the day of event, Friday,
July 4, 2025.
C-6
Attachment B
Request for Proposal
City of Rosemead — Entertainment Services for 41h of July Event Request for Proposal No. 2025-07
REQUEST FOR PROPOSAL NO. 2025-07
ENTERTAINMENT SERVICES FOR 4T" 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. March 6. 2025 at 10:00 a.m.
or
Electronic proposal submittal through the City of Rosemead Vendor Portal
hosted bV PlanetBids at: https://planetbids.com/portal/54150/portal-home
Proposals submitted through Planetbids Vendor Portal shall be submitted no
later than Thursday March 6, 2025, at 10:00 am
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 Juerrero@citvofrosemead.or
MODIFICATIONS: Any modification of this Request for Proposal will be provided
to consultants who request notification of any modifications.
ISSUANCE DATE: January 30, 2025
City of Rosemead — Entertainment Services for 411 of July Event Request for Proposal No. 2025-07
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 411 of July Event Request for Proposal No. 2025-07
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 Director of Parks
and Recreation, 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
experience, including experience within the last five years.
City of Rosemead — Entertainment Services for 411 of July Event Request for Proposal No. 2025-07
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 subunit 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
60%
Background, references, experience, and financial stability
40%
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 4" of July Event Request for Proposal No. 2025-07
F. SUBMITTAL DEADLINES
Below is the tentative RFP schedule, subject to change:
Description
Dates
RFP Issuance
January 30, 2025
Deadline for Submittal of Questions
February 20, 2025
Staff Responses to Questions
February 25, 2025
Deadline for Submittals of Proposal
March 6, 2025
Proposal Review and Selection
March 6, 2025 to March 13,2025
Award of Contract (approx.)
March 25, 2025
Hardcopy or Electronic proposals will be accepted as follows:
• Hardcopy Proposal Submittals
The City must receive three (3) sets of proposals from interested firms no later than 10:00 a.m.
on March 25, 2025. Please submit all proposals to:
Request for Proposal — Parks and Recreation Entertainment Services for 4th of July Event
A17N: Ericka Hernandez, City Clerk
City of Rosemead I City Clerk's Office
8838 E. Valley Blvd.
Rosemead, CA 91770
• Electronic Proposal Submittals:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by
PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposal submittal due date is March 6, 2025, at 10:00 a.m.
Faxed, e-mailed or late proposals will not be accepted.
G. INQUIRIES
Questions about this Request for Proposal should be made by phone (626) 569-2268 or e-mailed
to Jguerrero@cityofrosemead.or. All questions must be submitted by 10:00 a.m. Thursday,
February 20, 2025. If appropriate, responses will be posted on the City website with this RFP by
close of business on Thursday, February 25, 2025.
City of Rosemead — Entertainment Services for 41h of July Event Request for Proposal No. 2025-07
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 411 of July Event Request for Proposal No. 2025-07
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 411 of July Event Request for Proposal No. 2025-07
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 411 of July Event Request for Proposal No. 2025-07
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 41h of July Event Request for Proposal No. 2025-07
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.
E�10Rill :L1►1111l:
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 411 of July Event Request for Proposal No. 2025-07
1311�l1►1bil1:11►19ILI14►[a]:
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 411 of July Event Request for Proposal No. 2025-07
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.
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 411 of July Event Request for Proposal No. 2025-07
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 41" of July Event Request for Proposal No. 2025-07
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.
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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 411 of July Event Request for Proposal No. 2025-XX
FY141RIT A
CITY OF ROSEMEAD — SCOPE OF SERVICES
The Annual 4th of July Event will take place on Friday, July 4, 2025. The event will take place at
Rosemead Park, 4343 Encinita Ave, Rosemead, CA 91770 from 12:00 to 10:00 pm.
The City requests that proposals contain the following:
1. Operation of 10 rides:
a.
Round up
Major
b.
Swinger
Major
c.
Tornado
Major
d.
Cliff Hanger
Major
e.
Ferris Wheel
Major
f.
Zipper
Major
g.
Carousel
Minor
h.
Caterpillar
Minor
i.
Bumble Bees
Minor
j. Spinning Apples Minor
k. The Consultant to provide a professional operator for each ride and attraction is
required for the duration of the event.
I. City will collect all monies and pay the amount agreed upon for each ride.
m. If the rides listed above are not available, the consultant will recommend a
replacement.
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.
S. 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, attraction, game booth, and concession booth for the duration of the event.
City of Rosemead — Entertainment Services for 411 of July Event Request for Proposal No. 2025-XX
7. Personnel:
a. Provide personnel to operate rides, games booths, and concession booth for 10
operational hours of service.
8. Permits:
a. The Consultant is responsible for applying for all necessary related permits.
9. Submittals should include the cost of each equipment and/or services provided by the
Consultant.
10. Final ride inspection will be scheduled for Wednesday, July 2 at 4:00 pm at Rosemead
Park.
All quotes should be itemized and include detailed information.
City of Rosemead — Entertainment Services for 4`" of July Event Request for Proposal No. 2025-XX
EXHIBIT B
PAYMENT SCHEDULE
City of Rosemead — Entertainment Services for 41" of July Event Request for Proposal No. 2025-XX
FXHIRIT r
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 411 of July Event Request for Proposal No. 2025-XX
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 411 of July Event Request for Proposal No. 2025-XX
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 411' of July Event Request for Proposal No. 2025-XX
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 4" of July Event Request for Proposal No. 2025-XX
EXHIBIT D
REQUEST FOR PROPOSAL
City of Rosemead — Entertainment Services for 411 of July Event Request for Proposal No. 2025-XX
X41211M IV
CONSULTANT'S PROPOSAL
Attachment C
Schoeppner Shows Carnival Proposal
EXHIBIT E
CONSULTANT'S PROPOSAL
Each ride will be $5,200
Minor Rides
Castle Dare
Super Slide
Pirates Revenge
Antique Car Ride
Bern/ Go Round
Major Rides
Hustler
Loop 0 Plane
Swinger
Round Up
Heart Flip
Schoeppner Shows will set up 7 game booths and collect all monies.
Schoeppner Shows will set up 3 food booths and collect all monies.
Schoeppner Shows will provide a one, two -person ticket box, at no additional fee.
Schbeppner Shows will pay for carnival permits,
Schoeppner Shows will provide generator for all carnival attractions.
City of Rosemead will provide 2 restrooms and 1 trash bin by July 1, 2025 and pick up July 8th2025