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Home My WebLink About5.5 Amendment to the Agreement with Special Events for Equipment Rentals for City-Produced Eventsr DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: February 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager Agenda Item 5.5 SU B.ECT : Amendment to the Agreement with Special Events for Equipment Rentals for City -Produced Events Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY: The City Council will consider approving an amendment to the agreement with Special Events for tents, stages, and other event furniture rentals for City -produced events. STAFF RECOMMENDATION: Adopt the Resolution 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. FINANCIAL IMPACT: The original agreement with Special Events, covering Fiscal Years 2022-23 and 2023-24, had a compensation amount not to exceed $124,738. Due to changes in the 2022 California Fire Code, as well as an additional unanticipated event during the contract period, cost increases resulted in the compensation cap being reached before the expiration of the agreement. The proposed amendment increases the compensation by $50,000, and funding is available in the adopted Fiscal Year 2023-24 operating budget to cover the increase. DESCRIPTION: Background The City of Dublin routinely rents equipment for outdoor events coordinated by the Parks and Community Services Department. This includes the Summer Concert Series, Splatter, St. Patrick's Day Festival, Holiday Tree Lighting, and park and facility dedications. In June 2022, the City Council adopted a resolution approving an agreement with Special Events for tents, stage, and other event equipment. Special Events has provided similar equipment to the City for several years and has an excellent service history. The current agreement with Special Page 1 of 2 1 Events has a service term of July 1, 2022 through June 30, 2024. Analysis In early 2023, Staff became aware of changes in Section 3103.9.4 of the 2022 California Fire Code related to anchoring festival tents. Historically, large tents and canopies were anchored using barrels filled on site with water. Empty barrels were rented and easily transported to the site before being filled with water in final anchoring locations. Per the 2022 California Fire Code, anchoring via water -filled vessels is no longer permitted. Anchoring is now done using concrete blocks and/or sand barrels. Rental costs of these items are significantly higher due to increased labor and transportation costs. While empty barrels were easily moved prior to being filled with water, transporting and setting concrete blocks and sand barrels requires heavy equipment, operators, and additional trucks to accommodate the weight. The cost for tent rentals and anchors for events in 2023 was approximately 30% higher than planned due to the change in regulations. In addition to these rising costs, the City utilized the services of Special Events for one activity outside of its initial scope - the Ruby Affair. Due to the rise in costs and the additional event, an amendment increasing the compensation amount is necessary to proceed through the remainder of the service term. The proposed amendment does not change the term of the agreement, which is set to expire on June 30, 2024. Next Steps Every two years, Staff from the Parks and Community Services Department conduct a formal bid process to procure vendors that support City -produced events. This will be done again in spring 2024, with a subsequent agreement term beginning July 1, 2024. Ahead of the formal bid process, Staff will evaluate event needs and options to contain costs. This will include looking at opportunities to reduce equipment needs, modifications to equipment used, and ways to reduce labor and transportation costs. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution 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 2) Exhibit A to the Resolution - Amendment #1 to Contracting Services Agreement with Special Events Page 2 of 2 2 Attachment I RESOLUTION NO. XX — 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} Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 1 of 2 3 PASSED, APPROVED AND ADOPTED this 6th day of February, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 2 of 2 4 DocuSign Envelope ID: DD6916AF-E1F5-488E-BEC1-A6F92F5B629C Attachment 2 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 Page 1of3 5 DocuSign Envelope ID: DD6916AF-E1F5-488E-BEC1-A6F92F5B629C Attachment 2 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 6001b Block Tent Anchor $90 each 8001b 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 Page 2 of 3 6 DocuSign Envelope ID: DD6916AF-E1F5-488E-BEC1-A6F92F5B629C Attachment 2 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 By: Linda Smith, City Manager Dated: ATTEST: By: Marsha Moore, City Clerk APPROVED AS TO FORM: By: City Attorney SPECIAL EVENTS By: Page 3of3 �DocuSigned by: Qrrd A L CIMIL' L8512O6OA9CB7485... Archille Cuyle, Sales Director 7