HomeMy WebLinkAboutReso 07-24 Approving Amendment #1 to the Agreement with Special Events for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events during FY 2022-24
Reso. No. 07-24, Item 5.5, Adopted 02/06/2024 Page 1 of 2
RESOLUTION NO. 07 – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE AGREEMENT WITH SPECIAL EVENTS FOR
TENTS, STAGES, AND OTHER EVENT FURNITURE RENTALS FOR CITY-PRODUCED
EVENTS DURING FISCAL YEARS 2022-24
WHEREAS, on July 1, 2022, the City of Dublin (hereinafter referred to as "City") and
Special Events (hereinafter referred to as "Contractor") entered into a Contracting Services
Agreement for special event tents, stages, and other furniture rental services (hereinafter referred
to as the “Agreement”); and
WHEREAS, due to changes in the 2022 California Fire Code, anchoring of festival tents
using water-barrels is no longer permitted; and
WHEREAS, anchoring tents using concrete blocks and sand barrels has significantly
raised the cost resulting in the current agreement’s not-to-exceed compensation amount being
reached; and
WHEREAS, during the contract period, the City utilized Contractor for the Ruby Affair, an
event not initially contemplated at the time of the contract execution; and
WHEREAS, the City and Contractor now wish to amend the Agreement to modify Section
2 of the Agreement in order to capture these expenses.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #1 to the Agreement with Special Events Rentals attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Council authorized the City Manager to execute
the Agreement and make any necessary, non-substantive changes that carry out the intent of this
Resolution.
{Signatures on the follow page}
DocuSign Envelope ID: 085CE876-ADCE-4DFE-83DC-03D481E591C2
Reso. No. 07-24, Item 5.5, Adopted 02/06/2024 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
DocuSign Envelope ID: 085CE876-ADCE-4DFE-83DC-03D481E591C2
Page 1 of 3
AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT WITH SPECIAL EVENTS FOR
TENTS, STAGES, AND OTHER EVENT FURNITURE RENTALS FOR CITY-PRODUCED EVENTS
WHEREAS, on July 1, 2022, the City of Dublin (hereinafter referred to as
"CITY") and Special Events (hereinafter referred to as "Contractor") entered into a Contracting
Services Agreement for special event tents, stages, and other furniture rental services
(hereinafter referred to as the “AGREEMENT”); and
WHEREAS, due to changes in the 2022 California Fire Code, anchoring of
festival tents using water-barrels is no longer permitted; and
WHEREAS, anchoring tents using concrete blocks and sand barrels has
significantly raised the cost resulting in the current agreements not-to-exceed amount being
reached; and
WHEREAS, during the contract period, the City utilized Contractor for the Ruby
Affair, an event not initially contemplated at the time of the contract execution; and
WHEREAS, the CITY and Contractor now wish to amend the Agreement to
modify Section 2 of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2 shall be rescinded in its entirety and replaced with the following:
COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed
$174,738 notwithstanding any contrary indications that may be contained in
Contractor’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and
Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Contractor for services rendered pursuant
to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Contractor for services
rendered pursuant to this Agreement. Contractor shall submit all invoices to City in
the manner specified herein. Except as specifically authorized by City in writing,
Contractor shall not bill City for duplicate services performed by more than one
person.
Contractor and City acknowledge and agree that compensation paid by City to
Contractor under this Agreement is based upon Contractor’s estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Contractor. Consequently, the Parties further
agree that compensation hereunder is intended to include the costs of contributions
to any pensions and/or annuities to which Contractor and its employees, agents, and
Exhibit A
DocuSign Envelope ID: 085CE876-ADCE-4DFE-83DC-03D481E591C2
Page 2 of 3
subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2) Exhibit B shall be modified to include the following:
TENTING
Description Location/Notes COST
30 Gallon Sand Barrel Tent Anchor $44 each
600lb Block Tent Anchor $90 each
800lb Block Tent Anchor $105 each
1 Ton Block Tent Anchor $135 each
Ox Fee Anchor Moving Equip $400 per event
Block Covers White Covers for Concrete Blocks $10-$30 each
3) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
5) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Attachment 2
DocuSign Envelope ID: 085CE876-ADCE-4DFE-83DC-03D481E591C2
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN SPECIAL EVENTS
By: _____________________________ By: _____________________________
Linda Smith, City Manager Archille Cuyle, Sales Director
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
Attachment 2
DocuSign Envelope ID: 085CE876-ADCE-4DFE-83DC-03D481E591C2