HomeMy WebLinkAbout5.03 Contractor Services Agreements for Parks and Community Services Department Special Eventsr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 5.3
SU B.ECT: Contractor Services Agreements for Parks and Community Services
Department Special Events
Prepared by: Lauren Marriott, Recreation Coordinator
EXECUTIVE SUMMARY:
The City Council will consider approving contractor services agreements with various vendors to
provide as -needed services, including electrical, sound, tenting, and staging rental services for
events produced by the Parks and Community Services Department.
STAFF RECOMMENDATION:
Take the following actions: 1) Adopt the Resolution Approving an Agreement with HERC Rentals
for Electrical Equipment Rental for City -Produced Events; 2) Adopt the Resolution Approving an
Agreement with Primetime Entertainment for Lighting and Sound Services for City -Produced
Events; and 3) Adopt the Resolution Approving an Agreement with Special Events Rentals for
Tents, Stages, and Other Event Furniture Rentals for City -Produced Events.
FINANCIAL IMPACT:
The agreement with HERC Rentals has a not -to -exceed amount of $120,000, the agreement with
Primetime Entertainment has a not -to -exceed amount of $100,000, and the agreement with
Special Events Rentals has a not -to -exceed amount of $250,000. The City will only pay for services
rendered, and expenses will be limited to adopted budget appropriations. Funding for the
agreements is included in the adopted Fiscal Years 2024-25 and 2025-26 Budget.
DESCRIPTION:
The City of Dublin routinely rents equipment for outdoor events produced by the Parks and
Community Services Department. This includes the Summer Concert Series, Splatter, the St.
Patrick's Day Festival, and the Holiday Tree Lighting. Additionally, anticipated park and facility
dedications/groundbreakings in the next two fiscal years include the Dublin Art Center, Jordan
Ranch Neighborhood Square, Wallis Ranch Community Park, and others.
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Per the City's purchasing policy, Staff conducted a formal bid process, with a Request for Proposals
(RFPs) published on February 28, 2024 (Attachment 7). The RFPs were published on the City's
website, with direct emails to known vendors that previously provided services or similar services
to other organizations.
Two qualified responses to the RFP for electrical services were received for Staff review. The two
responding vendors were HERC Rentals and Generator World. Staff reviewed and evaluated each
proposal and determined that both vendors were qualified and capable of performing the
requested services. This resulted in a recommendation to use the vendor with the lowest cost. The
RFP requested pricing for various items, including generators and other miscellaneous equipment,
which all have varying costs. It was determined that HERC Rentals had the overall lowest bid,
resulting in a lower impact on the City's General Fund over the agreement term. HERC Rentals has
provided similar equipment to the City for several years with an excellent customer service track
record; therefore, Staff recommends the City Council adopt a resolution approving an agreement
with HERC Rentals for the contract period of July 1, 2024 - June 30, 2026 (Attachment 1).
One response to the RFP for lighting and sound services was received for Staff to review.
Primetime Entertainment has provided services for the City in recent years and has demonstrated
an ability to perform services as expected; therefore, Staff recommends the City Council adopt a
resolution approving an agreement with Primetime Entertainment for the contract period of July
1, 2024 - June 30, 2025 (Attachment 3).
Two responses to the RFP for staging, tenting, and other event furniture rentals were received.
The two responding vendors were Special Events and Stuart Rentals. Staff reviewed and evaluated
each proposal and determined that both vendors were qualified and capable of performing the
requested services. This resulted in a recommendation to use the vendor with the lowest cost. The
RFP requested pricing for various items, including tables, stages, tents, etc., with varying costs. It
was determined that Special Events had the overall lowest bid, resulting in a lower impact on the
City's General Fund over the agreement term. Special Events has provided similar equipment to
the City for several years and has an excellent customer service track record. Additionally, Special
Events has proven to be flexible in working with Staff to help keep costs within budget while
meeting event needs. Staff recommends the City Council adopt a resolution approving an
agreement with Special Events for the contract period of July 1, 2024 - June 30, 2025 (Attachment
5).
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
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ATTACHMENTS:
1) Resolution Approving an Agreement with HERC Rentals for Electrical Equipment Rental for
City -Produced Events
2) Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and
HERC Rentals
3) Resolution Approving an Agreement with Primetime Entertainment for Lighting and Sound
Services for City -Produced Events
4) Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and
Primetime Entertainment
5) Resolution Approving an Agreement with Special Events for Tents, Stages, and Other Event
Furniture Rentals for City -Produced Events
6) Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and
Special Events Rentals
7) Requests for Proposals
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Attachment I
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH HERC RENTALS FOR ELECTRICAL EQUIPMENT
RENTAL FOR CITY -PRODUCED EVENTS
WHEREAS, the Parks and Community Services Department's special events require
additional electrical equipment beyond what is owned by the City of Dublin; and
WHEREAS, the Parks and Community Services Department sought quotes for electrical
equipment rental services; and
WHEREAS, HERC Rentals was identified as the lower qualified bidder, of two companies
that submitted bids, has provided similar services for the City of Dublin in the past, and is capable
of providing services as specified Exhibit A.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin does herby
approve the Contractor Services Agreement between the City of Dublin an HERC Rentals
attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments
to the agreement, attached hereto as Exhibit A, and make any necessary, non -substantive
changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item 5.3, Adopted 06/25/2024 Page 1 of 1
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DocuSign Envelope ID: 8A705CB8-0006-42D3-A2D9-F82B21AEAOFE
Attachment 2
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
HERC RENTALS
THIS AGREEMENT for electrical equipment rentals is made by and between the City of Dublin
("City") and Herc Rentals. ("Contractor") (together sometimes referred to as the "Parties") as of July 1, 2024
(the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2026, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 Intentionally Deleted.
1.6 Intentionally Deleted.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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DocuSign Envelope ID: 8A705CB8-0006-42D3-A2D9-F82B21AEAOFE
Attachment 2
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $120,000
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 subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
• Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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DocuSign Envelope ID: 8A705CB8-0006-42D3-A2D9-F82B21AEAOFE
Attachment 2
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Intentionally Deleted.
2.6 Intentionally Deleted.
2.7 Intentionally Deleted.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Intentionally Deleted.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.0 List of Available Resources.
• Any public park or facility as defined in Exhibit A
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
Page 3 of 15
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DocuSign Envelope ID: 8A705CB8-0006-42D3-A2D9-F82B21AEAOFE
Attachment 2
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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DocuSign Envelope ID: 8A705CB8-0006-42D3-A2D9-F82B21AEAOFE
Attachment 2
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
Page 5 of 15
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DocuSign Envelope ID: 8A705CB8-0006-42D3-A2D9-F82B21AEAOFE
Attachment 2
4.2.1 General Reauirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
Page 6 of 15
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DocuSign Envelope ID: 8A705CB8-0006-42D3-A2D9-F82B21AEAOFE
Attachment 2
4.2.4 Submittal Reauirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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Attachment 2
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Eaual Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
Services Agreement between
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July 1, 2024
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not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
HERC Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
Any written notice to City shall be sent to:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A and B. represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A
Exhibit B
Scope of Services
Compensation Schedule
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City -approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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10.12 Certification Der Iran Contractina Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
City of Dublin and Herc Rentals
July 1, 2024
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN HERC RENTALS
Linda Smith, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
Services Agreement between
City of Dublin and Herc Rentals
—DocuSigned by:
._nr��onaatnaonna
Zach Yawornisky, HERC Rentals Inc.
July 1, 2024
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EXHIBIT A
SCOPE OF SERVICES
Vendor will provide rental, delivery, set-up, and teardown of electrical equipment. Vendor is expected to
have multiple units of each size generator to meet the needs of the community events.
General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City.
• Confirm all logistics with City staff one month prior to the event dates.
• Assist City staff in identifying all event electrical needs.
• This agreement does not confirm the City's exact needs as event details and layout may
change. Exact orders and equipment need's will be confirmed 10 days prior to each event.
• Ensure all equipment meets City and Alameda County Fire Department requirements for
placement, fire suppression, etc.
• Provide on -site event supervisor during event set-up. The supervisor will remain on -site until
City staff approves equipment placement and proper functionality.
• Provide an on -site equipment technician on the event date(s).
The following is a schedule of the City of Dublin events and festivals for Fiscal Years 2024-2026:
SCHEDULE OF EVENTS
Event
Date General Overview of Services Required
St. Patrick's Day Celebration March 15-16, 2024 - Ability to power without interruption:
March 14-15, 2025 o three stages of entertainment
O 24 hour power to two
beverage bars, ice trailer and
food court for two days
Splatter September 14, 2024 - Ability to power without interruption:
September 13, 2025 o three stages of entertainment
O 24 hour power to one beverage
bar, ice trailer and food court for
one day
Tree Lighting December 5, 2024 - Ability to power:
December 4, 2025 o One stage of entertainment
o Holiday light displays
Park Openings as Needed Dates TBD Needs dependent upon the event
Services Agreement between July 1, 2024
City of Dublin and Herc Rentals Exhibit A — Page 1 of 1
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
GENERATORS/ELECTRICAL DISRIBUTION
Description
Notes I Cost per day
70 KW generator $430
55 KW generator $315
25 KW generator $213
LED Light tower generator $134
400-amp Distro Panel $40
Spider Box $17
Spider Box Cables (100 ft) $35
Extension Cord (50 ft) $11
Cable Ramps $16
One On — Site Technician Per hour $95/hr
Fuel cost (as needed, to be billed after event) Per gallon $7.00 or market price
Labor — Installation (if not included) $110/hr
Delivery per day, per truck $300
Services Agreement between July 1, 2024
City of Dublin and HERC Rentals Exhibit B — Page 1 of 1
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Attachment 3
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH PRIMETIME ENTERTAINMENT FOR LIGHTING AND
SOUND SERVICES FOR CITY -PRODUCED EVENTS
WHEREAS, the Parks and Community Services Department special events require
additional lighting and sound equipment beyond what is owned by the City of Dublin; and
WHEREAS, the Parks and Community Services Department sought quotes for lighting and
sound services; and
WHEREAS, Primetime Entertainment, the sole bidder, has provided similar services for the
City of Dublin in the past, and is capable of providing services as specified Exhibit A.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin does hereby
approve the Contractor Services Agreement between the City of Dublin and Prime Time
Entertainment attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments
to the agreement, attached hereto as Exhibit A, and make any necessary, non -substantive
changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item 5.3, Adopted 06/25/2024 Page 1 of 1
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PRIME TIME ENTERTAINMENT, INC.
THIS AGREEMENT for Sound and Lighting Services is made by and between the City of Dublin
("City") and Prime Time Entertainment, Inc. ("Contractor") (together sometimes referred to as the "Parties")
as of July 1, 2024 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2026, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 Intentionally Deleted.
1.6 Intentionally Deleted.
Services Agreement between
City of Dublin and Prime Time Entertainment, Inc.
July 1, 2024
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Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $100,000
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 subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
■ A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or auarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
• The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
• The Contractor's signature;
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City of Dublin and Prime Time Entertainment, Inc.
July 1, 2024
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■ Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Intentionally Deleted.
2.6 Intentionally Deleted.
2.7 Intentionally Deleted.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Intentionally Deleted.
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City of Dublin and Prime Time Entertainment, Inc.
July 1, 2024
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.0 List of Available Resources.
Any public park or facility as defined in Exhibit A
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
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City of Dublin and Prime Time Entertainment, Inc.
July 1, 2024
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CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
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July 1, 2024
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The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
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c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Reauirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
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July 1, 2024
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satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wastina Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
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July 1, 2024
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disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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July 1, 2024
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
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City of Dublin and Prime Time Entertainment, Inc.
July 1, 2024
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
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July 1, 2024
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Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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July 1, 2024
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10.5 Successors and Assians. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Prime Time Entertainment
2430 Research Drive
Livermore, CA 94550
Any written notice to City shall be sent to:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
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July 1, 2024
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10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A., represents the entire and integrated agreement between
City and Contractor and supersedes all prior negotiations, representations, or agreements,
either written or oral.
Exhibit A Scope of Services & Compensation Schedule
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City -approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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City of Dublin and Prime Time Entertainment, Inc.
July 1, 2024
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN Prime Time Entertainment, Inc.
Linda Smith, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
Services Agreement between
City of Dublin and Prime Time Entertainment, Inc.
DocuSigned by:
Jim Douglas, Owner
July 1, 2024
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EXHIBIT A
SCOPE OF SERVICES & COMPENSATION SCHEDULE
Primetime Entertainment will provide sound and lighting services for the
following City of Dublin events and festivals for Fiscal Years 2024-2026:
General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City.
• Electrical service will be provided by City. Contractor shall
confirm electrical capacity is adequate for the equipment
being used for City events and festivals.
• Complete all setup of all sound and lighting equipment at
least two hours prior to the scheduled sound check.
Event Dates of Service/Event Dates Scope of Services Cost
Summer Concert Select Thursdays as Connect with the entertainment at $1,650.00
Series (8-10 specified by the City least two weeks prior to their (cost per event)
Concerts) scheduled concert night to receive
sound needs and stage plot.
Emerald Glen Park Provide all front-line equipment as
4201 Central needed, including but not limited to,
Parkway speakers, cords, microphones,
stands, etc.
Provide up -lighting for onstage
entertainment.
Provide an on -site sound technician
for a 120 minute set and sound
check.
Provide DJ/emcee services and
crowd friendly music between sets.
Splatter - September 14, 2024
- September 13, 2025
Emerald Glen Park
4201 Central
Parkway
Connect with the entertainment for
three performance stages at least
one month prior to the event date to
receive sound needs and stage plot
Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc. for three stages
Provide up -lighting for the
entertainment for all three stages.
Provide an on -site sound technician
for a 120 minute set and sound
check for all three stages.
$4,600.00 (yearly
cost per event)
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Tree Lighting
Dublin Civic
Center
100 Civic Plaza
St. Patrick's
Day Celebration
Dublin Civic Center
100 Civic Plaza
Park Openings and
other Dedication
Events as Needed
(Per Event)
- December 5, 2024
- December 4, 2025
- March 15-16, 2025
- March 14-15, 2026
Dates and times are to be
determined and all locations will
be within the City of Dublin.
- Provide DJ/emcee services, crowd
friendly music between sets for all
three stages.
- Connect with the entertainment at $1,500.00 (yearly
least two weeks prior to their cost per event)
scheduled concert night to receive
sound needs and stage plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, emcee microphone and
podium stand, etc.
Provide up -lighting for the
entertainment.
Provide an on -site sound technician
for two 30-60 minute sets.
Provide DJ/emcee services, crowd
friendly music between sets.
Connect with the entertainment for $6,700.00 (yearly
three stages at least one month cost per event)
prior to the event date to receive
sound needs and stage plot.
Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc. for three stages.
Provide up -lighting for the
entertainment for three stages.
Provide an on -site sound technician
and sound check for three stages.
Provide DJ/emcee services and
crowd friendly music between sets
three stages.
Connect with the entertainment at $750.00 (per
least two weeks prior to their event cost)
scheduled performance date to
receive sound needs and stage
plot.
Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc.
Provide up -lighting for the
entertainment.
Provide an on -site sound technician
for four 60-minute sets and sound
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check.
- Provide DJ/emcee services and
crowd friendly music between sets.
40
Attachment 5
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH SPECIAL EVENTS RENTALS FOR TENTS, STAGES,
AND OTHER EVENT FURNITURE RENTALS FOR CITY -PRODUCED EVENTS
WHEREAS, the Parks and Community Services Department's special events require
additional event furnishings beyond what is owned by the City of Dublin; and
WHEREAS, the Parks and Community Services Department sought quotes for event
equipment and furnishings; and
WHEREAS, Special Events Rentals was identified as the lower bidder of two companies
that submitted bids, has provided similar services for the City of Dublin in the past, and is capable
of providing services as specified in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Contractor Services Agreement between the City of Dublin and Special Events
Rentals attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments
to the agreement, attached hereto as Exhibit A, and make any necessary, non -substantive
changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item 5.3, Adopted 06/25/2024 Page 1 of 1
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Attachment 6
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SPECIAL EVENTS
THIS AGREEMENT for special event tents, stages and other event furniture rentals is made by
and between the City of Dublin ("City") and Special Events. ("Contractor") (together sometimes referred to
as the "Parties") as of July 1, 2024 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2026, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month -to -month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the services described in Exhibit A does not increase. None
of the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 Intentionally Deleted.
1.6 Intentionally Deleted.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $250,000
notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be
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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 subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
■ The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
• Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Intentionally Deleted.
2.6 Intentionally Deleted.
2.7 Intentionally Deleted.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Intentionally Deleted.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.0 List of Available Resources.
• Any public park or facility as defined in Exhibit A
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
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Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
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City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
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4.2.1 General Reauirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
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4.2.4 Submittal Reauirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
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Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
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Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Eaual Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
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Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
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9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
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Attachement 6
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Special Events
174 Lawrence Drive, Suite A
Livermore, CA 94551
Any written notice to City shall be sent to:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A and B. represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A
Exhibit B
Scope of Services
Compensation Schedule
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City -approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
Services Agreement between
City of Dublin and Special Events
July 1, 2024
Page 13 of 15
54
DocuSign Envelope ID: 2992C017-C34F-4D85-B854-9AC66C8E78C6
Attachement 6
10.12 Certification Der Iran Contractina Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
City of Dublin and Special Events
July 1, 2024
Page 14 of 15
55
DocuSign Envelope ID: 2992C017-C34F-4D85-B854-9AC66C8E78C6
Attachement 6
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN SPECIAL EVENTS
DocuSigned by:
Qr'd llt, CuaiLt.
�R5'19nRndoro�nnt
Linda Smith, City Manager Archille Cuyle, Sales Director
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
Services Agreement between
City of Dublin and Special Events
July 1, 2024
Page 15 of 15
56
DocuSign Envelope ID: 2992C017-C34F-4D85-B854-9AC66C8E78C6
Attachement 6
EXHIBIT A
SCOPE OF SERVICES
Vendor will provide rental, delivery, set-up, and teardown of event related rental furnishing, such as
furniture, tenting and staging for the following City of Dublin events and festivals for Fiscal Years 2024-
2026:
General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City.
• Confirm all event logistics with City staff one month prior to the event dates.
• Assist City staff in identifying all event needs.
Event
Date
General Overview of Services
Required
St. Patrick's Day
Celebration
100 Civic Plaza
Summer Concert Series —
8 Concert Series
4201 Central Parkway
March 15-16, 2025
March 14-15, 2026
Select Thursdays June -August
Splatter September 14, 2024
4201 Central Parkway September 13, 2025
Tree Lighting
100 Civic Plaza
December 5, 2024
December 4, 2025
Use of equipment for a two-day
festival
Expect load -in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Chairs
Bandshell to cover existing outdoor
Amphitheater Stage
Use of equipment for a one -day
festival
Expect load -in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Folding Chairs
- Riser to hold up to 100 performers
- Tent with lighting to cover riser
- Folding Chairs
Services Agreement between July 1, 2024
City of Dublin and Special Events
Exhibit A — Page 1 of 2
57
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Attachement 6
Park Openings as Needed Dates TBD
Determined by the nature of the
event but anticipated needs
include:
o Staging
o Festival Tenting
o Folding Chairs
• Ensure all tenting and other equipment meets City and Alameda County Fire Department
requirements for ingress, egress, fire suppression, total occupancy, etc.
• Provide staff to be onsite during inspections by City staff and Alameda County Fire.
• This agreement does not confirm the City's exact needs as event details and layout may change.
Exact orders and equipment need's will be confirmed 10 days prior to each event.
• Provide on -site event supervisor during event set-up. The supervisor will remain on -site until City
staff approves equipment setup and placement.
Services Agreement between July 1, 2024
City of Dublin and Special Events Exhibit A — Page 2 of 2
58
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Attachement 6
EXHIBIT B
COMPENSATION SCHEDULE
STAGES
Description
Location/Notes
COST
20"x32"x3 stage w/ accompanying equipment
20"x32"x24" stage w/ accompanying equipment
20"x20"x24" stage w/ accompanying equipment
20"x20"x6' stage w/ accompanying equipment
20"x32"x36" stage w/ accompanying equipment
8'x28"x16" stage w/ accompanying equipment
4'x4'x2' stage w/ accompanying equipment
Main Stage St. Pats
Dance Stage St. Pats
Pub Stage St. Pats
Side Yard Stage Splatter
Main Stage Splatter
Performance Stage Tree Lighting
TV 30 Stage/Riser Tree Lighting
$2796
$2860
$1802
$1577
$2796
$1172.10
$151.50
30 Gallon Sand Barrel
1 6001b Block
1 8001b Block
1 Ton Block
1 Ox Fee
Block Covers
Tent Anchor
Tent Anchor
Tent Anchor
Tent Anchor
Anchor Moving Equip
White Covers for Concrete Blocks
$44
$90
$105
$135
$400
$30
1
Lighting Packages for Stages
Fire Extinguisher Package
1 Delivery Fees
Various
Per Fire Code
$.50 per sq ft
$71.50 / 124
Varies
TENTING
Description
Location/Notes
COST
10'x10'x8' Quick Top One Piece
Green Rooms, Bike Valets, Sound Tech
$170
Festival tent 10'x20'x8'
Festival tent 20'x20'x10'
Festival tent 20'x40'x10'
Vendor/sponsors
Vendor/sponsors
Shaded Seating Area
$257.50
$400
$800
Festival tent 40'x40'x10'
Shaded Seating Area
$1600
20'x20'x10 White Fastrack Bandshell Tent
30'x20'x10 White Fastrack Bandshell Tent
Outdoor Concert — Emerald Glen Amp
Amphitheater/Main Stage St Pats
$1703
$1703
Side Wall Package for 10'x10'
1 Side Wall Package for 10'x20'
1 Half Wall Package for 10'x10'
1 Half Wall Package for 10'x20'
Services Agreement between
City of Dublin and Special Events
Green Rooms/City Booths
Performance area/sponsor tents
For Sponsor Tents
For Sponsor Tents
$38.50
$77
$30
$60
July 1, 2024
Exhibit B — Page 1 of 2
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Attachement 6
Set of 4 Barrels 30 gallons Water Provided $72
Set of 4 Barrels 55 gallons Water Provided $96
1 Barrel covers for 30 gallon Water Provided $10
Barrel covers for 55 gallon Water Provided $12
I
Festival Flags (multiple color options)
Fire Extinguisher Package
Delivery Fees
Per Fire Code
$0
$73.50 /128.50
Varies
TABLES/CHAIRS
Description
Location/Notes I COST
Ivory Folding Chairs
Table, 48" rounds
Table, 60" rounds
Table, 6'x30" banquet table
Table, 8'x30" banquet table
Table, 8'x18" narrow table
Cost per chair
Cost per Table
Cost per Table
Cost per Table
Cost per Table
Cost per Table
$1.55 / 1.85
$11
$11.25
$9.75
$10.85
$15.50
i
Delivery Fees
1
Varies
*AII rates subject to annual increase as approved by the City Manager, or their designee. Contractor must
submit all rate increases by June 1st of each year. Rate increases shall not exceed 3% annually.
Services Agreement between July 1, 2024
City of Dublin and Special Events Exhibit B — Page 2 of 2
60
Attachment 7
.1r4
DUBLIN
CALIFORNIA
REQUEST FOR PROPOSALS
FOR ELECTRICAL SERVICES
July 1, 2024-June 30, 2026
City of Dublin
Posted: February 28, 2024
Proposals must be received by: March 20, 2024, by 4:00 PM (Pacific Time)
Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
Lauren.Marriott@Dublin.Ca.Gov
100 Civic Plaza, Dublin, CA 94568
925-833-6645
61
Attachment 7
BACKGROUND
This Request for Proposal is for rental, delivery, set-up, and tear -down of event -related
electrical equipment. Please submit a proposal, using the included fee worksheet, which
includes all associated costs that meet and/or exceed the following specifications for electrical
equipment rentals for City of Dublin Special Events.
SCOPE OF WORK
Bidding company will provide rental, delivery, set-up, and teardown of electrical equipment.
Bidding company is expected to have multiple units of each size generator to meet the needs of
the community events. The following is a schedule of the City of Dublin events and festivals for
Fiscal Years 2024-2026:
General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City.
• Confirm all logistics with City staff one month prior to the event dates.
• Assist City staff in identifying all event electrical needs.
• This agreement does not confirm the City's exact needs as event details and layout
may change. Exact orders and equipment needs will be confirmed 10 days prior to
each event.
• Ensure all equipment meets City and Alameda County Fire Department
requirements for placement, fire suppression, etc.
• Provide on -site event supervisor during event set-up. The supervisor will remain
on -site until City staff approves equipment placement and proper functionality.
• Provide an on -site equipment technician on the event date(s).
SCHEDULE OF EVENTS
Event
Date General Overview of Services Required
St. Patrick's Day Celebration March 15-16, 2025 Ability to power without
March 14-15, 2026 interruption:
o three stages of
entertainment
o 24 hour power to two
beverage bars, ice trailer
and food court for two
days
Splatter September 14, 2024 - Ability to power without
September 13, 2025 interruption:
o three stages of
entertainment
o 24 hour power to one
beverage bar, ice trailer and
food court for one day
62
Attachment 7
Tree Lighting December 5, 2024
December 4, 2025
Park Openings as Needed Dates TBD
- Ability to power:
o One stage of
entertainment
o Holiday light displays
Needs dependent upon the event
SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the
City chooses to conduct interviews, it will notify selected contractors after the proposal submittal
date to arrange an interview time. Determination of the best quote(s) shall be based upon, but
not limited to, the following:
• Cost;
• Ability, capacity, and skill of the contractor to deliver all requested rental equipment
promptly or at the time specified;
• Reputation and experience of the contractor;
• Previous experience of the contractor with the City;
• Previous and existing compliance by the contractor with laws and ordinances;
• The quality, availability, and adaptability of supplies
KEY DATES & RFP SCHEDULE
Milestone
RFP Issued
Proposals Due
Interviews (as deemed necessary)
Selection
City Council Consideration/
Approval of Agreement (if required)
Agreement Begins
*All dates are tentative and subject to change.
Date
February 28, 2024
4:00 PM, March 20, 2024
March 22, 2024
March 25, 2024
May 2024 — Subject to Change
July 1, 2024
PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to lauren.marriott@dublin.ca.gov. It is
the responsibility of the submitting vendor to verify the proposal was received.
• Submission must include a completed signature page with a point of contact that is
qualified to submit on behalf of the contact's company.
• Submission must include a complete fee worksheet. If the specific item is not available,
please list NA in the cost column.
63
Attachment 7
GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION
The City of Dublin reserves and may exercise the following rights and options with respect to the
proposal submission, evaluation, and selection process.
The right to:
• Reject any or all proposals and re -issue the RFP at any time prior to execution of a final
contract, if, in the City's sole discretion, it is in the City's best interest to do so;
• Waive any informalities, defects, non -responsiveness, or irregularities that, in the City's
sole judgment, are not material to the proposal;
• Reject any proposal that does not address the requirements or scope of work of the RFP
or that is incomplete or not in conformity or compliance with applicable laws;
• Supplement, amend, substitute, or otherwise modify the RFP at any time prior to
selection of one or more contractors for negotiation and to cancel the RFP with or without
issuing another RFP;
• Accept or reject any or all items in any proposal and award the contract(s) in whole or in
part if it is deemed in the City's best interest to do so;
• Request that some or all contractors modify proposals based on the City's review and
evaluation;
• Conduct such investigations with respect to the financial, technical, and other
qualifications of each contractor as the City, in its sole discretion, deems necessary or
appropriate.
GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded.
• This RFP does not constitute a contract or an offer of employment and does not commit
the City to award a contract. The City may enter into negotiations for an agreement, on
terms and conditions satisfactory to the City, with one or more selected contractors;
however, the City reserves the right to terminate any negotiations at any time.
• Any cost incurred by contractor in preparing and providing a response to the RFP is solely
the responsibility of the contractor.
• When a contractor has been selected by the City, the City, and contractor shall negotiate
a contract. A draft template contract is attached; however, the City reserves the right to
64
Attachment 7
modify the template at any time prior to final contract execution. If the terms of the
contract cannot be agreed upon for any reason, another contractor may be selected.
• After successful negotiation of a contract with a contractor, City may bring forth a staff
report to the City Council for consideration. Once the contract has been approved, the
contractor will be notified by phone and email. Contractors will be required to obtain and
during the term of the contract maintain, insurance policies as detailed in the attached
Contractor Services Agreement.
• The successful contractor shall commence work on the date specified in the fully executed
contract, which will be transmitted to the contractor after City Council approval of the
contract (if applicable).
INSURANCE REQUIREMENTS
The Contractor shall provide insurance coverage as follows in conformance with the City of
Dublin's requirements as outlined below and in the City standard agreement:
General Liability Insurance
Automobile Liability Insurance
Workers' Compensation Insurance
$1,000,000
$1,000,000
$1,000,000
STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation
will be performed on an agreed upon fee for the specified scope of work. A sample of the
City's Standard Contact Services Agreement, including insurance requirements, is provided
as Attachment 1.
If the interested vendor desires to take exception to the Agreement and/or insurance
requirements, the interested firm shall clearly identify proposed changes to the Agreement
and furnish the reason for these changes, which shall be included in the qualification.
Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the
interested vendor is to state in the proposal that the Agreement and insurance
requirements are acceptable. Consideration for exceptions will not be considered if not
included in the submitted proposal.
CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer, or employee of the
City of Dublin, or of a public body within Alameda County or member or delegate to the
Congress of the United States, during his/her tenure or for one year thereafter, shall have
any direct interest in the contracts or any direct or material benefit arising therefrom.
65
Attachment 7
EQUAL OPPORTUNITY EMPLOYER
Proposer shall not discriminate, on the basis of a person's race, sex, gender, religion
(including religious dress and grooming practices), national origin, ancestry, physical or
mental disability, medical condition (including cancer and genetic characteristics), marital
status, age, sexual orientation, color, creed, pregnancy, genetic information, gender
identity or expression, political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a "Protected
Characteristic"), against any employee, applicant for employment, subcontractor, bidder
for a subcontract, or participant in, recipient of, or applicant for any services or programs
provided by Consultant under this Agreement.
GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable
State/Federal guidelines shall apply. The contract and legal relations between the parties
hereto shall be governed and construed in accordance with the laws of the State of
California.
66
Attachment 7
FEE WORKSHEET
ELECTRICAL ITEMS
GENERATORS/ELECTRICAL DISRIBUTION
Description
Notes
Cost per day
70 KW generator
55 KW generator
25 KW generator
LED Light tower generator
400-amp Distro Panel
Spider Box
Spider Box Cables (100 ft)
Extension Cord (50 ft)
Cable Ramps
One On — Site Technician Per hour $
Fuel cost (as needed, to be billed after event) Per gallon $
Labor — Installation (if not included) $
Delivery per day, per truck $
ATTACHMENTS
• Standard Contractor Services Agreement Template
67
Attachment 7
SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and
terms stated subject to the general conditions of this quote.
Signature: Date:
Name of Contact Person:
Name of Firm:
Address:
City: State: Zip:
Phone: Fax:
E-mail Address: Website
68
Attachment 7
.T4
DUBLIN
CALIFORNIA
REQUEST FOR PROPOSALS
TENTING AND STAGING - CITY OF DUBLIN
July 1, 2024 - June 30, 2026
City of Dublin
Posted: February 28, 2024
Proposals must be received by: March 20, 2024, by 4:00 PM (Pacific Time)
Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
Lauren.Marriott@Dublin.Ca.Gov
100 Civic Plaza, Dublin, CA 94568
925-833-6645
69
Attachment 7
BACKGROUND
This Request for Proposals is for rental, delivery, set-up, and tear -down of event -related rental
furnishings, such as tenting and staging. Please submit a proposal that includes all associated
costs that meet and/or exceed the following proposal specifications for rental equipment for
City of Dublin Special Events.
SCOPE OF WORK
Vendor will provide rental, delivery, set-up, and teardown of event related rental furnishing,
such as furniture, tenting, and staging for the following City of Dublin events and festivals for
Fiscal Years 2024-2026:
General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City.
• Confirm all event logistics with City staff one month prior to the event dates.
• Assist City staff in identifying all event needs.
• Ensure all tenting and other equipment meets City and Alameda County Fire
Department requirements for ingress, egress, fire suppression, total occupancy, etc.
• Provide staff to be onsite during inspections by City staff and Alameda County Fire.
• This RFP does not confirm the City's exact needs as event details and layout may
change. Exact orders and equipment needs will be confirmed 10 days prior to each
event.
• Provide on -site event supervisor during event set-up. The supervisor will remain on -site
until City staff approves equipment setup and placement.
SCHEDULE OF EVENTS AND GENERAL DESCRIPTION
Event
Date
General Overview of Services
Required
St. Patrick's Day
Celebration
100 Civic Plaza
March 15-16, 2025
March 14-15, 2026
Use of equipment for a two-day
festival
- Expect load -in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
10 Quick Tops 10x10
Tables and Chairs
Summer Concert Series Select Thursdays June- Bandshell to cover existing
— 8 Concert Series August outdoor Amphitheater Stage
4201 Central Parkway
70
Attachment 7
Splatter September 14, 2024 Use of equipment for a one -day
festival
4201 Central Parkway September 13, 2025 Expect load -in to span over two
select days as specified by City
Staff
Three stages for entertainment
20 Festival Tents (10x10) and
(10x20)
10 Quick Tops 10x10
Tables and Folding Chairs
Tree Lighting December 5, 2024 Riser to hold up to 100
performers
100 Civic Plaza December 4, 2025 Tent with lighting to cover riser
Folding Chairs
Park Openings as
Needed
Dates TBD
Determined by the nature of the
event but anticipated needs
include:
o Staging
o Festival Tenting
o Folding Chairs
SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the
City chooses to conduct interviews, it will notify selected contractors after the proposal
submittal date to arrange an interview time. Determination of the best quote(s) shall be based
upon, but not limited to, the following:
• Cost;
• Ability, capacity, and skill of the contractor to deliver all requested rental equipment
promptly or at the time specified;
• Reputation and experience of the contractor;
• Previous experience of the contractor with the City;
• Previous and existing compliance by the contractor with laws and ordinances;
• The quality, availability, and adaptability of supplies
71
Attachment 7
KEY DATES & RFP SCHEDULE
Milestone
RFP Issued
Proposals Due
Interviews (as deemed necessary)
Selection
City Council Consideration/
Approval of Agreement (if required)
Agreement Begins
*All Dates are tentative and subject to change.
Date
February 28, 2024
4:00 PM, March 20, 2024
March 22, 2024
March 25, 2024
May 2024 — Subject to Change
July 1, 2024
PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to lauren.marriott@dublin.ca.gov. It is
the responsibility of the submitting vendor to verify the proposal was received.
• Submission must include a completed signature page with a point of contact that is
qualified to submit on behalf of the contacts company.
• Submission must include a complete fee worksheet. If the specific item is not available,
please list NA in the cost column.
GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION
The City of Dublin reserves and may exercise the following rights and options with respect to
the proposal submission, evaluation, and selection process.
The right to:
• Reject any or all proposals and re -issue the RFP at any time prior to execution of a final
contract, if, in the City's sole discretion, it is in the City's best interest to do so;
• Waive any informalities, defects, non -responsiveness, or irregularities that, in the City's
sole judgment, are not material to the proposal;
• Reject any quotation that does not address the requirements or scope of work of the
RFP or that is incomplete or not in conformity or compliance with applicable laws;
• Supplement, amend, substitute, or otherwise modify the RFP at any time prior to
selection of one or more contractors for negotiation and to cancel the RFP with or
without issuing another RFP;
• Accept or reject any or all items in any proposal and award the contract(s) in whole or in
part if it is deemed in the City's best interest to do so;
• Request that some or all contractors modify proposals based on the City's review and
evaluation;
72
Attachment 7
• Conduct such investigations with respect to the financial, technical, and other
qualifications of each contractor as the City, in its sole discretion, deems necessary or
appropriate.
GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded.
• This RFP does not constitute a contract or an offer of employment and does not commit
the City to award a contract. The City may enter into negotiations for an agreement, on
terms and conditions satisfactory to the City, with one or more selected contractors;
however, the City reserves the right to terminate any negotiations at any time.
• Any cost incurred by contractor in preparing and providing a response to the RFP is
solely the responsibility of the contractor.
• After successful negotiation of a contract with a contractor, City may bring forth a staff
report to the City Council for consideration. Once the contract has been approved, the
contractor will be notified by phone and email. Contractors will be required to obtain
and during the term of the contract maintain, insurance policies as detailed in the
attached Contractor Services Agreement.
• The successful contractor shall commence work on the date specified in the fully
executed contract, which will be transmitted to the contractor after City Council
approval of the contract (if applicable).
INSURANCE REQUIREMENTS
The Contractor shall provide insurance coverage as follows in conformance with the City of
Dublin's requirements as outlined below and in the City standard agreement:
General Liability Insurance
Automobile Liability Insurance
Workers' Compensation Insurance
$1,000,000
$1,000,000
$1,000,000
STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation
will be performed on an agreed upon fee for the specified scope of work. A sample of the
City's Standard Contact Services Agreement, including insurance requirements, is provided
as Attachment 1.
73
Attachment 7
If the interested vendor desires to take exception to the Agreement and/or insurance
requirements, the interested firm shall clearly identify proposed changes to the Agreement
and furnish the reason for these changes, which shall be included in the qualification.
Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the
interested vendor is to state in the proposal that the Agreement and insurance
requirements are acceptable. Consideration for exceptions will not be considered if not
included in the submitted proposal.
CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer, or employee of the
City of Dublin, or of a public body within Alameda County or member or delegate to the
Congress of the United States, during his/her tenure or for one year thereafter, shall have
any direct interest in the contracts or any direct or material benefit arising therefrom.
EQUAL OPPORTUNITY EMPLOYER
Proposer shall not discriminate, on the basis of a person's race, sex, gender, religion
(including religious dress and grooming practices), national origin, ancestry, physical or
mental disability, medical condition (including cancer and genetic characteristics), marital
status, age, sexual orientation, color, creed, pregnancy, genetic information, gender
identity or expression, political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a "Protected
Characteristic"), against any employee, applicant for employment, subcontractor, bidder
for a subcontract, or participant in, recipient of, or applicant for any services or programs
provided by Consultant under this Agreement.
GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable
State/Federal guidelines shall apply. The contract and legal relations between the parties
hereto shall be governed and construed in accordance with the laws of the State of
California.
74
Attachment 7
Fee Worksheet
STAGES
Description
20'x32'x3' stage w/ accompanying equipment
20'x32'x24' stage w/ accompanying equipment
20'x20'x24' stage w/ accompanying equipment
20'x20'x6' stage w/ accompanying equipment
20'x32'x36' stage w/ accompanying equipment
8'x28'x16' stage w/ accompanying equipment
4'x4'x2' stage w/ accompanying equipment
30 Gallon Sand Barrel
6001b Block
8001b Block
1 Ton Block
Ox Fee
Block Covers
Location/Notes
Main Stage St. Pats
Dance Stage St. Pats
Pub Stage St. Pats
Garden Stage Splatter
Main Stage Splatter
Performance Stage Tree Lighting
TV 30 Stage/Riser Tree Lighting
Tent Anchor
Tent Anchor
Tent Anchor
Anchor Moving Equip
White Covers for Concrete Blocks
TENTING
Description
10'x10'x8' Quick Top One Piece
Festival tent 10'x20'x8'
Festival tent 20'x20'x10'
Festival tent 20'x40'x10'
Festival tent 40'x40'x10'
20'x20'x10 White Fastrack Bandshell Tent
30'x20'x10 White Fastrack Bandshell Tent
Side Wall Package for 10'x10'
Side Wall Package for 10'x20'
Half Wall Package for 10'x10'
Half Wall Package for 10'x20'
Set of 4 Barrels 30 gallons
Set of 4 Barrels 55 gallons
Barrel covers for 30 gallon
Barrel covers for 55 gallon
Festival Flags (multiple color options)
Fire Extinguisher Package
Location/Notes
Green Rooms, Bike Valets, Sound Tech
Vendor/sponsors
Vendor/sponsors
Shaded Seating Area
Shaded Seating Area
Outdoor Concert — Emerald Glen Amp
Amphitheater/Main Stage St Pats
Green Rooms/City Booths
Performance area/sponsor tents
For Sponsor Tents
For Sponsor Tents
Water Provided
Water Provided
Water Provided
Water Provided
Per Fire Code
COST
$
$
$
$
$
$
$
$
75
Attachment 7
Delivery Fees
$
Fee Worksheet Continued
TABLES/CHAIRS
Description
Location/Notes
COST
Ivory Folding Chairs
Table, 48" rounds
Table, 60" rounds
Table, 6'x30" banquet table
Table, 8'x30" banquet table
Table, 8'x18" narrow table
Cost per chair
Cost per Table
Cost per Table
Cost per Table
Cost per Table
Cost per Table
Delivery Fees
$
ATTACHMENTS
• Standard Contractor Services Agreement Template
76
Attachment 7
SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and terms
stated subject to the general conditions of this quote.
Signature: Date:
Name of Contact Person:
Name of Vendor:
Address:
City: State: Zip:
Phone: Fax:
E-mail Address: Website
77
Attachment 7
DUBLIN
CALIFORNIA
REQUEST FOR PROPOSALS
FOR LIGHTING & SOUND SERVICES
July 1, 2024 - June 30, 2026
City of Dublin
Posted: February 28, 2024
Proposals must be received by: March 20, 2024, by 4:00 PM (Pacific Time)
Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
Lauren.Marriott@Dublin.Ca.Gov
100 Civic Plaza, Dublin, CA 94568
925-833-6645
78
Attachment 7
BACKGROUND
This Request for Proposal is for rental, delivery, set-up, and tear -down of event -related sound
and lighting equipment. Please submit a quote that includes all associated costs that meet and/or
exceed the following quote specifications for sound and lighting equipment for City of Dublin
Special Events.
SCOPE OF WORK
Bidding company will provide sound and lighting services for the following City of Dublin events
and festivals for Fiscal Years 2024-2026:
• General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at the sole discretion of the City.
• City will provide electrical service. The Contractor shall confirm that electrical capacity
is adequate for the equipment requests for City events and festivals.
• Complete all setup and tear down of all sound and lighting equipment at least two hours
prior to the scheduled sound check.
SCHEDULE OF EVENTS
Event
Date
General Overview of
Services Required
St. Patrick's Day Celebration
Summer Concert Series — 8
Concert Series
Splatter
Holiday Tree Lighting
Park Openings as Needed
March 15-16, 2025
March 14-15, 2026
Select Thursdays June -August
September 14, 2024
September 13, 2025
December 5, 2024
December 4, 2025
Dates TBD
- Front line equipment
for three stages of
outdoor entertainment
Front line equipment
for an outdoor
performance on one
stage
Performance Group
size will range week to
week
Front line equipment
for three stages of
outdoor entertainment
- Main Stage to feature
higher end tribute /
dance bands ranging in
performance size
- Front line equipment
for an outdoor
performance on one
stage
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Attachment 7
SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the
City chooses to conduct interviews, it will notify selected contractors after the proposal submittal
date to arrange an interview time. Determination of the best quote(s) shall be based upon, but
not limited to, the following:
• Cost
• Ability, capacity, and skill of the contractor to deliver all requested rental equipment
promptly or at the time specified
• Reputation and experience of the contractor
• Previous experience of the contractor with the City
• Previous and existing compliance by the contractor with laws and ordinances
• The quality, availability, and adaptability of supplies
KEY DATES & RFQ SCHEDULE
Milestone
RFP Issued
Proposals Due
Interviews (as deemed necessary)
Selection
City Council Consideration/
Approval of Agreement (if required)
Agreement Begins
*All dates are tentative and subject to change.
Date
February 28, 2024
4:00 PM, March 20, 2024
March 22, 2024
March 25, 2024
May 2024 — Subject to Change
July 1, 2024
PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to lauren.marriott@dublin.ca.gov. The
submitting vendor is responsible for verifying the proposal was received.
• Submission must include a completed signature page with a point of contact qualified to
submit on behalf of the contact's company.
• Submission must include a complete fee worksheet. If the item is unavailable, please list
NA in the cost column.
GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION
The City of Dublin reserves and may exercise the following rights and options with respect to the
proposal submission, evaluation, and selection process.
The right to:
• Reject any or all proposals and re -issue the RFP at any time prior to execution of a final
contract if, in the City's sole discretion, it is in the City's best interest to do so
• Waive any informalities, defects, non -responsiveness, or irregularities that, in the City's
sole judgment, are not material to the proposal
80
Attachment 7
• Reject any proposal that does not address the requirements or scope of work of the RFP,
or that is incomplete or not in conformity or compliance with applicable laws
• Supplement, amend, substitute, or otherwise modify the RFP at any time prior to
selection of one or more contractors for negotiation and to cancel the RFP with or without
issuing another RFP
• Accept or reject any or all items in any proposal and award the contract(s) in whole or in
part if it is deemed in the City's best interest to do so
• Request that some or all contractors modify proposals based on the City's review and
evaluation
• Conduct such investigations with respect to the financial, technical, and other
qualifications of each contractor as the City, in its sole discretion, deems necessary or
appropriate
GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded.
• This RFP does not constitute a contract or an offer of employment and does not commit
the City to award a contract. The City may enter into negotiations for an agreement, on
terms and conditions satisfactory to the City, with one or more selected contractors;
however, the City reserves the right to terminate any negotiations at any time
• Any cost incurred by contractor in preparing and providing a response to the RFP is solely
the responsibility of the contractor
• When a contractor has been selected by the City, the City, and the contractor shall
negotiate a contract. A draft template contract is attached; however, the City reserves
the right to modify the template at any time prior to final contract execution. If the terms
of the contract cannot be agreed upon for any reason, another contractor may be
selected
• After successful negotiation of a contract with a contractor, City may bring forth a staff
report to the City Council for consideration. Once the contract has been approved, the
contractor will be notified by phone and email. Contractors will be required to obtain,
and during the term of the contract maintain, insurance policies as detailed in the
attached Contractor Services Agreement
81
Attachment 7
• The successful contractor shall commence work on the date specified in the fully executed
contract, which will be transmitted to the contractor after City Council approval of the
contract (if applicable)
INSURANCE REQUIREMENTS
The Contractor shall provide insurance coverage as follows in conformance with the City of
Dublin's requirements as outlined below and in the City standard agreement:
General Liability Insurance
Automobile Liability Insurance
Workers' Compensation Insurance
$1,000,000
$1,000,000
$1,000,000
STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation
will be performed on an agreed upon fee for the specified scope of work. A sample of the
City's Standard Contact Services Agreement, including insurance requirements, is provided
as Attachment 1.
If the interested vendor desires to take exception to the Agreement and/or insurance
requirements, the interested firm shall clearly identify proposed changes to the Agreement
and furnish the reason for these changes, which shall be included in the qualification.
Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the
interested vendor is to state in the proposal that the Agreement and insurance
requirements are acceptable. Consideration for exceptions will not be considered if not
included in the submitted proposal.
CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer or employee of the
City of Dublin, or of a public body within Alameda County or member or delegate to the
Congress of the United States, during his/her tenure or for one year thereafter, shall have
any direct interest in the contracts or any direct or material benefit arising therefrom.
EQUAL OPPORTUNITY EMPLOYER
Proposer shall not discriminate, on the basis of a person's race, sex, gender, religion
(including religious dress and grooming practices), national origin, ancestry, physical or
mental disability, medical condition (including cancer and genetic characteristics), marital
status, age, sexual orientation, color, creed, pregnancy, genetic information, gender
identity or expression, political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a "Protected
Characteristic"), against any employee, applicant for employment, subcontractor, bidder
for a subcontract, or participant in, recipient of, or applicant for any services or programs
provided by Consultant under this Agreement.
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Attachment 7
GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable
State/Federal guidelines shall apply. The contract and legal relations between the parties
hereto shall be governed and construed in accordance with the laws of the State of
California.
ATTACHMENTS
• Standard Contractor Services Agreement Template
FEE WORKSHEET
SUMMER CONCERT SERIES
Qty
Description
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up -lighting for musicians
On Site Sound Technician
One 120-minute set
- Provide DJ/ emcee services, crowd -friendly music between sets
Per Concert Cost
(please describe) Other Fees
TOTAL
SPLATTER
COST
$
$
$
Qty Description Cost
1 Main Stage Performances $
- 4 to 10- piece bands City provided
- 32' x 20' covered performance area City provided
- Raised 36" stage
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
83
Attachment 7
Light Package City provided
On Site Sound Technician
- Provide DJ/ emcee services, crowd -friendly music between sets
1 Side yard Stage Performances $
- 1— 4-piece bands City provided
- 12' x 12' covered performance area City provided
- Raised 18" stage
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up -lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd -friendly music between sets
1 Outdoor Amphitheater Performances $
- 4 to 10- piece dance or musical groups City provided
- 30' x 20' covered performance area (no raised stage) City provided
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up -lighting for performers
On Site Sound Technician
- Provide DJ/ emcee services, crowd -friendly music between sets
(please describe) Other Fees $
TOTAL $
HOLIDAY TREE LIGHTING CEREMONY
Qty
Description
Outdoor Amphitheater Performance
- Up to 12-piece band
- Children's choir of 25 — 35
- 16' x 28' stage (stepped risers are 16" and 32" high)
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
- Emcee microphone and podium stand
Light Package
COST
$
City provided
City provided
City provided
84
Attachment 7
- Up -lighting for performers
On Site Sound Technician
Two 30 — 60 minute sets
Provide DJ/ emcee services, crowd -friendly music between sets
ST. PATRICK'S DAY FESTIVAL
(please describe) Other Fees $
TOTAL $
Qty Description Cost
1 Main Stage Performances $
- 4 to 10- piece bands City provided
- 32' x 20' covered performance area, raised 36" stage City provided
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up -lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd -friendly music between sets
1 Pub Stage Performances $
- 3 — 7 piece bands City provided
- 20' x 20' covered performance area, raised 24" stage City provided
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up -lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd -friendly music between sets
1 Irish Dance Stage $
- Up to 20 dancers at a time City provided
- 30' x 20' covered performance area, raised 36" stage City provided
Provide all front-line equipment
- Speakers, CD/aux input capabilities, microphone
On Site Sound Technician
- Provide DJ/ emcee services, crowd -friendly music between sets
1 Field Demonstrations $
85
Attachment 7
Such as gaelic football, hurling, sheepdog exhibition City provided
Speakers and Microphone for announcements
(please describe) Other Fees $
TOTAL $
PARK DEDICATIONS AS NEEDED
Qty Description COST
Outdoor Band Performance
- Up to 6-piece band City provided
Provide all front-line equipment $
- Speakers, cords, microphones, stands, etc.
On Site Sound Technician
Four 60 minute sets $
- Provide DJ/ emcee services, crowd -friendly music between sets
(please describe) Other Fees $
TOTAL (per event) $
TOTAL (4 events) $
SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and
terms stated subject to the general conditions of this proposal.
Signature: Date:
Name of Contact Person:
Name of Firm:
Address:
City: State: Zip:
Phone: Fax:
86