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HomeMy WebLinkAbout4.4 Contractor Services Agreements for Parks and Community Services DepartmentSTAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.4 DATE:June 7, 2022 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Contractor Services Agreements for Parks and Community Services Department Special EventsPreparedby:Shaun Chilkotowsky,Heritage &Cultural Arts Manager EXECUTIVE SUMMARY:The City Council will consider approving contractor services agreements with various vendors to provide as-needed services including electrical, lighting,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 Prime Time 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:Funding for the agreements is included in the proposed Fiscal Years 2022-23 and 2023-24 Budget. The agreement with HERC Rentals has a not-to-exceed amount of $62,995, the agreement with Primetime Entertainment has a not-to-exceed amount of $61,167, and the agreement with Special Events Rentals has a not-to-exceed amount of $124,738. The City will only pay for services rendered.Additionally, the resolutions approving these agreements authorize the City Manager to increase each agreement by an additional $20,000 for unforeseen circumstances,such as new, unplanned, or modifications to existing events, that require additional equipment. DESCRIPTION: 48 Page 2 of 3 The City of Dublin routinely rents equipment for outdoor events coordinated by the Parks and Community Services Department. This includes the Summer Concert Series, Splatter, St. Patrick’s Day, and the Holiday Tree Lighting. Additionally, anticipated park and facility dedications in the next two fiscal years include the Cultural Arts Center, Fallon Sports Park Phase III, Don Biddle Community Park, Wallis Ranch Community Park, and others.Per the City’s purchasing policy, Staff conducted a formal bid process, with a Request for Proposals (RFPs) published on April 5, 2022 and open through April 19, 2022 (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.One qualified response to the RFP for electrical services was received for Staff to review. A second bid was received but was incomplete as the vendor could not provide all necessary services. The bid from HERC Rentals is within the budget for Fiscal Years 2022-23 and 2023-24. 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, 2022 - June 30, 2024 (Attachment 1).One response to the RFP for lighting and sound services was received for Staff to review. The bid from Primetime Entertainment is within the budget for Fiscal Years 2022-23 and 2023-24. Primetime Entertainment has provided services for the City in recent years with a demonstrated 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, 2022 - June 30, 2024 (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 are qualified and capable of performing the requested services, resulting in a recommendation to use the vendor with the lowest cost. The RFP requested pricing for a wide range of items, including tables, stages, tents, etc., which all have 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 with anexcellent 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 City Council adopt a resolution approving an agreement with Special Events for the contract period of July 1, 2022 - June 30, 2024 (Attachment 5).As the compensation not-to-exceed amounts exceed the City Manager’s purchasing authority limit of $45,000, these agreements require City Council approval. STRATEGIC PLAN INITIATIVE:None. 49 Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. 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 Rentals3) 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 Entertainment5) 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 Rentals7) Requests for Proposals 50 Attachment 1 Reso. No. XX-22, Item X.X, Adopted 06/07/2022 Page 1 of 1 RESOLUTION NO. XX – 22 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,Parks and Community Services Department special events require additional electrical equipment beyond what is owned by the City of Dublin; and WHEREAS,the Parks and Community Services Department sought quotations for electrical equipment rental services; and WHEREAS,HERC Rentals was identified as the low, 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the Contract Services Agreement between the City of Dublin an HERC Rentals attached hereto as Exhibit A and authorizes the City manager to execute the Agreement and make any necessary, non-substantive changes that carry out the intent of this Resolution. BE IT FURTHER RESOLVED that the City Manager has the authority to increase the compensation not-to-exceed amount for services provided up to $20,000, should the City need to host any unforeseen events or modifications are made to existing events, provided funding is budgeted and available to cover the expense. PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 51 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 1 of 15 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, 2022 (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, 2024, 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]. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $62,995 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 Attachment 2 52 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 2 of 15 Agreement and Contractor’s proposal, 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. 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. Attachment 2 53 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 3 of 15 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. 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; Attachment 2 54 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 4 of 15 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. 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 Attachment 2 55 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 5 of 15 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. 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 Attachment 2 56 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 6 of 15 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. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: Attachment 2 57 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 7 of 15 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. 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 Attachment 2 58 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 8 of 15 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. Section 6. STATUS OF CONTRACTOR. Attachment 2 59 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 9 of 15 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, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. Attachment 2 60 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 10 of 15 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. 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 Attachment 2 61 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 11 of 15 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. 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 Attachment 2 62 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 12 of 15 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 Severability. 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 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 Attachment 2 63 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 13 of 15 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 Scope of Services Exhibit B 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. Attachment 2 64 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 14 of 15 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 Attachment 2 65 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Page 15 of 15 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 Jason Oosterbeek, HERC Rentals Inc. Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 Attachment 2Attachment 2 66 Services Agreement between July 1, 2022 City of Dublin and Herc Rentals Exhibit A – Page 1 of 1 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 evets. The following is a schedule of the City of Dublin events and festivals for Fiscal Years 2022- 2024: General requirements and services for all City of Dublin events and festivals: x Event dates and times are subject to change at sole discretion of City. x Confirm all logistics with City staff one month prior to the event dates. x Assist City staff in identifying all event electrical needs. x 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. x Ensure all equipment meets City and Alameda County Fire Department requirements for placement, fire suppression, etc. x Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment placement and proper functionality. x 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 Dublin Civic Center 100 Civic Plaza March 18-19, 2023 March 16-17, 2024 -Ability to power without interruption: o three stages of entertainment o 24 hour power to two beverage bars, ice trailer and food court for two days Splatter Emerald Glen Park 4201 Central Parkway September 10, 2022 September 9, 2023 -Ability to power without interruption: o three stages of entertainment o 24 hour power to one beverage bar, ice trailer and food court for one day Tree Lighting Dublin Civic Center 100 Civic Plaza December 1, 2022 November 30, 2023 -Ability to power: o One stage of entertainment o Holiday light displays Park Openings as Needed Dates/Locations TBD Needs dependent upon the event Attachment 2Attachment 2 67 Services Agreement between July 1, 2022 City of Dublin and HERC Rentals Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES GENERATORS/ELECTRICAL DISRIBUTION Description Notes Cost per day 70 KW generator $450 55 KW generator $332 25 KW generator $191 LED Light tower generator $145 400-amp Distro Panel $67 Spider Box $17 Spider Box Cables (100 ft) $33 Extension Cord (50 ft) $3.50 Cable Ramps $7.50 2/5 Banded Cable 50 Feet Cam Lock $18 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) $3,850 Delivery $2,970 Attachment 2Attachment 2 68 Attachment 3 Reso. No. XX-22, Item X.X, Adopted 06/07/2022 Page 1 of 1 RESOLUTION NO. XX – 22 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,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 quotations 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the Contract Services Agreement between the City of Dublin and Primetime Entertainment attached hereto as Exhibit A and authorizes the City Manager to execute the Agreement and make any necessary, non-substantive changes that carry out the intent of this Resolution. BE IT FURTHER RESOLVED that the City Manager has the authority to increase the compensation not-to-exceed amount for services provided up to $20,000, should the City need to host any unforeseen events or modifications are made to existing events, provided funding is budgeted and available to cover the expense. PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 69 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 1 of 15 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, 2022 (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, 2024, 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]. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $61,167 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be Attachment 4 70 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 2 of 15 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, 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. Attachment 4 71 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 3 of 15 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. Attachment 4 72 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 4 of 15 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. Attachment 4 73 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 5 of 15 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. Attachment 4 74 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 6 of 15 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. 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. Attachment 4 75 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 7 of 15 4.2.4 Submittal Requirements. 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. Attachment 4 76 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 8 of 15 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. Attachment 4 77 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 9 of 15 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, Attachment 4 78 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 10 of 15 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. 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 Attachment 4 79 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 11 of 15 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. Attachment 4 80 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 12 of 15 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 Severability. 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 Attachment 4 81 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 13 of 15 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 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. Attachment 4 82 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 14 of 15 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 Attachment 4 83 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment, Inc. Page 15 of 15 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 Jim Douglas, Owner Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 Attachment #4Attachment 4 84 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment Inc. Exhibit A – Page 1 of 3 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 2022-23 and 2023- 24: 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 Series (8-10 Concerts) Emerald Glen Park 4201 Central Parkway - Select Thursdays as specified by the City - Connect with the entertainment at least two weeks prior to their 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, 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. $1,650.00 (per event cost) Splatter Emerald Glen Park 4201 Central Parkway September 10, 2022 September 9, 2023 - 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 $4,600.00 (yearly cost per event) Attachment #4Attachment 4 85 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment Inc. Exhibit A – Page 2 of 3 check for all three stages. - Provide DJ/emcee services, crowd friendly music between sets for all three stages. Harvest Fair Heritage Park & Museum 6600 Donlon Way October 8, 2022 October 14, 2023 - Connect with the entertainment at least two weeks prior to their 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, etc. - Provide up-lighting for the entertainment - Provide an on-site sound technician for four 60 minutes sets and sound check - Provide DJ/emcee services, crowd friendly music between sets $1,500.00 (yearly cost per event) Tree Lighting Dublin Civic Center 100 Civic Plaza - December 1, 2022 November 30, 2023 - Connect with the entertainment at least two weeks prior to their 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. $1,500.00 (yearly cost per event) St. Patrick’s Day Festival Center 100 Civic Plaza - March 18-19, 2023 - - March 16-17, 2024 - Connect with the entertainment for three 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 three stages. - Provide an on-site sound technician and sound check for three stages. $6,400.00 (yearly cost per event) Attachment #4Attachment 4 86 Services Agreement between July 1, 2022 City of Dublin and Prime Time Entertainment Inc. Exhibit A – Page 3 of 3 - Provide DJ/emcee services and crowd friendly music between sets three stages. Spring Eggstravaganza - April 8, 2023 - March 30, 2024 - Confirm event needs with City of Dublin staff at least two weeks prior to the event date. - Provide DJ/emcee services and crowd friendly music. $600.00 (yearly cost per event) Park Openings and other Dedication Events as Needed (Per Event) Dates and times are to be determined and all locations will be within the City of Dublin. - Connect with the entertainment at least two weeks prior to their 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 check. - Provide DJ/emcee services and crowd friendly music between sets. $600.00 (per event cost) Attachment #4Attachment 4 87 Attachment 5 Reso. No. XX-22, Item X.X, Adopted 06/07/2022 Page 1 of 1 RESOLUTION NO. XX – 22 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,Parks and Community Services Department special events require additional event furnishings beyond what is owned by the City of Dublin; and WHEREAS,the Parks and Community Services Department sought quotations for event equipment and furnishings; and WHEREAS,Special Events Rentals was identified as the low 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the Contract Services Agreement between the City of Dublin and Special Events Rentals attached hereto as Exhibit A and authorizes the City Manager to execute the Agreement and make any necessary, non-substantive changes that carry out the intent of this Resolution. BE IT FURTHER RESOLVED that the City Manager has the authority to increase the compensation not-to-exceed amount for services provide up to $20,000, should the City need to host any unforeseen events or modifications are made to existing events, provided funding is budgeted and available to cover the expense. PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 88 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 1 of 15 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, 2022 (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, 2024, 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 $124,738 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Attachment 6 89 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 2 of 15 Agreement and Contractor’s proposal, 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. Attachment 6 90 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 3 of 15 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. Attachment 6 91 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 4 of 15 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. Attachment 6 92 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 5 of 15 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. Attachment 6 93 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 6 of 15 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. 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. Attachment 6 94 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 7 of 15 4.2.4 Submittal Requirements. 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. Attachment 6 95 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 8 of 15 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. Attachment 6 96 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 9 of 15 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, Attachment 6 97 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 10 of 15 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. 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 Attachment 6 98 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 11 of 15 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. Attachment 6 99 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 12 of 15 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 Severability. 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 Attachment 6 100 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 13 of 15 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 Scope of Services Exhibit B 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. Attachment 6 101 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 14 of 15 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 Attachment 6 102 Services Agreement between July 1, 2022 City of Dublin and Special Events Page 15 of 15 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 Linda Smith, City Manager Archille Cuyle, Sales Director Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 Attachment #6Attachment 6 103 Services Agreement between July 1, 2022 City of Dublin and Special Events Exhibit A – Page 1 of 2 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 2022- 2024: General requirements and services for all City of Dublin events and festivals: x Event dates and times are subject to change at sole discretion of City. x Confirm all event logistics with City staff one month prior to the event dates. x Assist City staff in identifying all event needs. Event Date General Overview of Services Required St. Patrick’s Day Celebration 100 Civic Plaza March 18-19, 2023 March 16-17, 2024 - 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 – 8 Concert Series 4201 Central Parkway Select Thursdays June-August - Bandshell to cover existing outdoor Amphitheater Stage Splatter 4201 Central Parkway September 10, 2022 September 9, 2023 - 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 Tree Lighting 100 Civic Plaza December 1, 2022 November 30, 2023 - Riser to hold up to 100 performers - Tent with lighting to cover riser - Folding Chairs Attachment #6Attachment 6 104 Services Agreement between July 1, 2022 City of Dublin and Special Events Exhibit A – Page 2 of 2 x Ensure all tenting and other equipment meets City and Alameda County Fire Department requirements for ingress, egress, fire suppression, total occupancy, etc. x Provide staff to be onsite during inspections by City staff and Alameda County Fire. x 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. x Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment setup and placement. 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 Attachment #6Attachment 6 105 Services Agreement between July 1, 2022 City of Dublin and Special Events Exhibit B – Page 1 of 2 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES STAGES Description Location/Notes COST 20”x32”x3 stage w/ accompanying equipment Main Stage St. Pats $2728 20”x32”x24” stage w/ accompanying equipment Dance Stage St. Pats $2792 20”x20”x24” stage w/ accompanying equipment Pub Stage St. Pats $1760 20”x20”x6’ stage w/ accompanying equipment Side Yard Stage Splatter $1540 20”x32”x36” stage w/ accompanying equipment Main Stage Splatter $2728 8’x28”x16” stage w/ accompanying equipment Performance Stage Tree Lighting $1024.90 4’x4’x2’ stage w/ accompanying equipment TV 30 Stage/Riser Tree Lighting $150 Lighting Packages for Stages Various $.50 per sq ft Fire Extinguisher Package Per Fire Code $71.50 / 124 Delivery Fees $ Varies TENTING Description Location/Notes COST 10’x10’x8’ Quick Top One Piece Green Rooms, Bike Valets, Sound Tech $165 Festival tent 10’x20’x8’ Vendor/sponsors $250 Festival tent 20’x20’x10’ Vendor/sponsors $380 Festival tent 20’x40’x10’ Shaded Seating Area $760 Festival tent 40’x40’x10’ Shaded Seating Area $1600 20’x20’x10 White Fastrack Bandshell Tent Outdoor Concert – Emerald Glen Amp $440 30’x20’x10 White Fastrack Bandshell Tent Amphitheater/Main Stage St Pats $1010 Side Wall Package for 10’x10’ Green Rooms/City Booths $38.50 Side Wall Package for 10’x20’ Performance area/sponsor tents $77 Half Wall Package for 10’x10’ For Sponsor Tents $30 Half Wall Package for 10’x20’ For Sponsor Tents $60 Set of 4 Barrels 30 gallons Water Provided $72 Set of 4 Barrels 55 gallons Water Provided $96 Barrel covers for 30 gallon Water Provided $40 Barrel covers for 55 gallon Water Provided $48 Festival Flags (multiple color options) $0 Attachment #6Attachment 6 106 Services Agreement between July 1, 2022 City of Dublin and Special Events Exhibit B – Page 2 of 2 Fire Extinguisher Package Per Fire Code $71.50 /124 Delivery Fees $Varies TABLES/CHAIRS Description Location/Notes COST Ivory Folding Chairs Cost per chair $1.55 / 1.88 Table, 48” rounds Cost per Table $11 Table, 60” rounds Cost per Table $11.25 Table, 6’x30” banquet table Cost per Table $9.75 Table, 8’x30” banquet table Cost per Table $10.85 Table, 8’x18” narrow table Cost per Table $15.50 Delivery Fees $Varies *All 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. Attachment #6Attachment 6 107 REQUEST FOR PROPOSALS FOR ELECTRICAL SERVICES July 1, 2022-June 30, 2024 City of Dublin Posted: April 5, 2022 Proposals must be received by: April 19, 2022 by 10:00 AM (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 Attachment 7 108 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, that includes all associated costs that meets and/or exceeds 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 evets. The following is a schedule of the City of Dublin events and festivals for Fiscal Years 2022-2024: 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). SCHEDULE OF EVENTS Event Date General Overview of Services Required St. Patrick’s Day Celebration March 11-12, 2023 March 16-17, 2024 - Ability to power without interruption: o three stages of entertainment o 24 hour power to two beverage bars, ice trailer and food court for two days Splatter September 10, 2022 September 9, 2023 - Ability to power without interruption: o three stages of entertainment o 24 hour power to one beverage bar, ice trailer and food court for one day Attachment 7 109 Tree Lighting December 1, 2022 November 30, 2023 - Ability to power: o One stage of entertainment o Holiday light displays Park Openings as Needed Dates TBD Needs dependent upon the 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 qu ote(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 Date RFP Issued April 5, 2022 Proposals Due 10:00 AM, April 19, 2022 Interviews (as deemed necessary) April 21, 2022 Selection April 22, 2022 City Council Consideration/ Approval of Agreement (if required) May 17, 2022 Agreement Begins July 1, 2022 *All dates are tentative and subject to change. 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 av ailable, please list NA in the cost column. Attachment 7 110 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, is 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 RF P 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 upon 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 Attachment 7 111 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 I the City standard agreement: General Liability Insurance $1,000,000 Automobile Liability Insurance $1,000,000 Workers’ Compensation Insurance $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. Attachment 7 112 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. Attachment 7 113 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 $ ATTACHMENTS • Standard Contractor Services Agreement Template Attachment 7 114 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__________________________ Attachment 7 115 REQUEST FOR PROPOSALS FOR LIGHTING & SOUND SERVICES July 1, 2022-June 30, 2024 City of Dublin Posted: April 5, 2022 Proposals must be received by: April 19, 2022 by 10:00 AM (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 Attachment 7 116 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 meets and/or exceeds 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 2022-2024: • 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 the needs of 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 March 11-12, 2023 March 16-17, 2024 - Front line equipment for three stages of outdoor entertainment Summer Concert Series – 8 Concert Series Select Thursdays June-August - Front line equipment for an outdoor performance on one stage - Performance Group size will range week to week Splatter September 10, 2022 September 9, 2023 - Front line equipment for three stages of outdoor entertainment - Main Stage to feature higher end tribute / dance bands ranging in performance size Holiday Tree Lighting December 1, 2022 November 30, 2023 - Front line equipment for an outdoor performance on one stage Park Openings as Needed Dates TBD Attachment 7 117 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 Date RFP Issued April 5, 2022 Proposals Due 10:00 AM, April 19, 2022 Interviews (as deemed necessary) April 21, 2022 Selection April 22, 2022 City Council Consideration/ Approval of Agreement (if required) May 17, 2022 Agreement Begins July 1, 2022 *All dates are tentative and subject to change. 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, is not material to the proposal; Attachment 7 118 • 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 RF P 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 upon 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 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). Attachment 7 119 INSURANCE REQUIREMENTS The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements as outlined below and I the City standard agreement: General Liability Insurance $1,000,000 Automobile Liability Insurance $1,000,000 Workers’ Compensation Insurance $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 provide d 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 characteris tics), 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. Attachment 7 120 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 COST 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 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 City provided Attachment 7 121 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 - Raised 18” 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 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 COST Outdoor Amphitheater Performance $ - Up to 12-piece band City provided - Children’s choir of 25 – 35 City provided - 16’ x 28’ stage (stepped risers are 16” and 32” high) City provided Provide all front-line equipment - Speakers, cords, microphones, stands, etc. - Emcee microphone and podium stand Light Package - Up-lighting for performers Attachment 7 122 On Site Sound Technician - Two 30 – 60 minute sets - Provide DJ/ emcee services, crowd-friendly music between sets (please describe) Other Fees $ TOTAL $ ST. PATRICK’S DAY FESTIVAL 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 $ - Such as gaelic football, hurling, sheepdog exhibition City provided - Speakers and Microphone for announcements Attachment 7 123 (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: __________________________________ E-mail Address: ________________________________ Website__________________________ Attachment 7 124 REQUEST FOR PROPOSALS TENTING AND STAGING – CITY OF DUBLIN COMMUNITY WIDE SPECIAL EVENTS July 1, 2022 - June 30, 2024 City of Dublin Posted: April 5, 2022 Proposals must be received by: April 19, 2022 by 10:00 AM (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 Attachment 7 125 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 meets and/or exceeds 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 2022-2024: 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 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. SCHEDULE OF EVENTS AND GENERAL DESCRIPTION Event Date General Overview of Services Required St. Patrick’s Day Celebration 100 Civic Plaza March 11-12, 2023 March 16-17, 2024 - 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 – 8 Concert Series 4201 Central Parkway Select Thursdays June- August - Bandshell to cover existing outdoor Amphitheater Stage Attachment 7 126 Splatter 4201 Central Parkway September 10, 2022 September 9, 2023 - 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 Tree Lighting 100 Civic Plaza December 1, 2022 November 30, 2023 - Riser to hold up to 100 performers - 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 Attachment 7 127 KEY DATES & RFP SCHEDULE Milestone Date RFP Issued April 5, 2022 Proposals Due 10:00 AM, April 19 Interviews (as deemed necessary) April 21, 2022 Selection April 22, 2022 City Council Consideration/ Approval of Agreement (if required) May 17, 2022 Agreement Begins July 1, 2022 *All Dates are tentative and subject to change. 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, is 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 upon the City’s review and evaluation; Attachment 7 128 • 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 I the City standard agreement: General Liability Insurance $1,000,000 Automobile Liability Insurance $1,000,000 Workers’ Compensation Insurance $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. Attachment 7 129 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 infor mation, 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. Attachment 7 130 Fee Worksheet STAGES Description Location/Notes COST 20’x32’x3’ stage w/ accompanying equipment Main Stage St. Pats $ 20’x32’x24’ stage w/ accompanying equipment Dance Stage St. Pats $ 20’x20’x24’ stage w/ accompanying equipment Pub Stage St. Pats $ 20’x20’x6’ stage w/ accompanying equipment Garden Stage Splatter $ 20’x32’x36’ stage w/ accompanying equipment Main Stage Splatter $ 8’x28’x16’ stage w/ accompanying equipment Performance Stage Tree Lighting $ 4’x4’x2’ stage w/ accompanying equipment TV 30 Stage/Riser Tree Lighting $ Lighting Packages for Stages Please list lighting options $ Fire Extinguisher Package Per Fire Code $ Delivery Fees $ TENTING Description Location/Notes COST 10’x10’x8’ Quick Top One Piece Green Rooms, Bike Valets, Sound Tech $ Festival tent 10’x20’x8’ Vendor/sponsors $ Festival tent 20’x20’x10’ Vendor/sponsors $ Festival tent 20’x40’x10’ Shaded Seating Area $ Festival tent 40’x40’x10’ Shaded Seating Area $ 20’x20’x10 White Fastrack Bandshell Tent Outdoor Concert – Emerald Glen Amp $ 30’x20’x10 White Fastrack Bandshell Tent Amphitheater/Main Stage St Pats $ Side Wall Package for 10’x10’ Green Rooms/City Booths $ Side Wall Package for 10’x20’ Performance area/sponsor tents $ Half Wall Package for 10’x10’ For Sponsor Tents $ Half Wall Package for 10’x20’ For Sponsor Tents Set of 4 Barrels 30 gallons Water Provided $ Set of 4 Barrels 55 gallons Water Provided $ Barrel covers for 30 gallon Water Provided $ Barrel covers for 55 gallon Water Provided $ Festival Flags (multiple color options) $ Fire Extinguisher Package Per Fire Code $ Delivery Fees $ Attachment 7 131 Fee Worksheet Continued TABLES/CHAIRS Description Location/Notes COST Ivory Folding Chairs Cost per chair $ Table, 48” rounds Cost per Table $ Table, 60” rounds Cost per Table $ Table, 6’x30” banquet table Cost per Table $ Table, 8’x30” banquet table Cost per Table $ Table, 8’x18” narrow table Cost per Table $ Delivery Fees $ ATTACHMENTS • Standard Contractor Services Agreement Template Attachment 7 132 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__________________________ Attachment 7 133