HomeMy WebLinkAboutC40720A Lupine Lane Outdoor Dining ProjectSTAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: November 19, 2020
PREPARED BY: Kevin Swartz, Associate Planner
Jennifer Nelson, Management Analyst
REQUEST: Award Contract No. C40720A, in an amount not to exceed
$43,000.00 to Bright Event Rentals of Palm Desert, California
for outdoor furnishing supply and maintenance for the Lupine
Lane Outdoor Dining Project.
Recommendation
By Minute Motion:
1. Award Contract No. C40720A, in an amount not to exceed $43,000.00
to Bright Event Rentals of Palm Desert, California for outdoor furnishing
supply and maintenance for the Lupine Lane Outdoor Dining Project;
2. Authorize the City Manager or designee to review and approve change
orders for the use of additional funds for unanticipated conditions up to
a specified amount of $2,000.00, per Palm Desert Municipal Code
Section 3.30.170(A); and
3. Authorize the Mayor to execute the Agreement.
If the actions above are taken, funds are available in Account No. 4254430-
4393000 (Economic Development Reserve Fund).
Strategic Plan
• Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its
attractions to enhance the ease of lifestyle."
• Transportation — Priority 1: "Create walkable neighborhoods and areas
within Palm Desert that would include residential, retail, services and
employment centers, and parks, recreation and open space to reduce the
use of low occupancy vehicles."
• Transportation — Priority 3: `De-emphasize single/low-occupancy vehicles
and optimize modes of travel (bus, carpool, golf -cart, bicycle, and
pedestrian). "
• Land Use - Priority 4: "Create a mixed -use city core integrating shopping,
dining, lodging, and housing."
November 19, 2020 - Staff Report
Award of Contract to Bright Event Rentals
Page 2 of 3
Background
At its regular meeting of June 11, 2020, the City Council reviewed and had a discussion
related to the El Paseo pedestrian improvements. During that discussion, the City Council
directed staff to implement a temporary outdoor -dining program consistent with the State
Alcohol and Beverage Control (ABC) pandemic requirements.
At its meeting of August 27, 2020, the City Council approved both a fee waiver of the
Temporary Use Permit (TUP) application for the balance of the fiscal year, and directed
staff to place an item on the agenda for a future meeting to discuss the City's policies
related to outdoor dining during the pandemic.
At City Council's direction, staff brought this item back to the September 10, 2020
meeting. At the conclusion of their discussion the City Council directed staff to move
forward in creating an outdoor dining area on Lupine Lane and authorized the use of up
to $70,000 from unobligated Economic Development Department reserve funds.
As time has been of the essence, staff utilized an administrative contract (A40720)
approved by the City Manager to cover expenses for the months of October and
November, 2020; not to exceed $25,000.00. The remaining balance, per the purchasing
Ordinance, must be approved by City Council. Therefore, staff is requesting approval for
the remaining balance not to exceed $43,000.00 by authorizing the draft agreement.
Discussion
At the beginning of October 2020, the City and Bright Event Rentals entered into an
agreement to furnish Lupine Plaza to create an inviting new open air dining destination.
On October 14, 2020, Lupine Plaza was created. The space is lined with artificial grass
and accompanied with tables, chairs, colorful umbrellas, cabanas, string lights, and
landscaping (photos attached). Diners are invited to find a seat and enjoy takeout from
any restaurant or order a drink from a restaurant pop-up bar inside the Plaza. Shaded
outdoor seating is available on a first -come, first -served basis, from 6 a.m. to 10 p.m.
Staff has notified restaurants that they are invited to utilize Lupine Plaza to benefit their
businesses. Any Palm Desert restaurant can utilize the location to serve delivered or
takeout meals to their patrons, but restaurants are encouraged to be creative and explore
other opportunities such as hosting a pop up location on site.
The City intends to utilize Bright Event Rentals services for the term of October 14, 2020
through June 1, 2021. The overall cost to rent and maintain the equipment for the eight
months is $63,372.00. Bright will be paid on a monthly basis, and the City has the right to
terminate the contract at any time, especially if the space isn't being utilized, which staff
does not foresee.
November 19, 2020 - Staff Report
Award of Contract to Bright Event Rentals
Page 3 of 3
The months of October and November are already covered financially. Per the City's
purchasing Ordinance, the remaining balance not to exceed $43,000.00 must be
approved by City Council. Therefore, staff is requesting approval for the remaining
balance by approving staff's recommendation above.
Staff is also recommending that the City Manager or designee has the ability to approve
change orders for the use of additional funds up to $2,000.00. This would allow the ability
to add additional items in the event they are needed.
Additionally, to Lupine Plaza, staff has been reaching out to the business community
through any forum available. The City has currently issued 19 TUPs for outdoor dining,
and now that indoor dining is prohibited and the weather is cooling off, staff anticipates
seeing more outdoor dining request within the next couple of weeks.
Fiscal Analvsis
The maximum anticipated fiscal impact for Fiscal Year 2020-2021 economic development
budget is $70,000.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
Robert W. Hargreaves Ryan Stendell Janet Moore
Citv Attorney Dir. of Community Development Director of Finance
Interim City Manager, Randy Bynder )FaWl6 $yHd-e4'
ATTACHMENT: 1. Draft Contract No. C40720A
2. Contract No. A40720
3. Site Photographs
ASSISTANT CITY
MANAGER
AV&)u 9AW
Andy Firestine
Assistant City Manager
CITY OF PALM DESERT
AGREEMENT FOR GENERAL SERVICES
Contract No.
PARTIES AND DATE
This Agreement for maintenance Services ("Agreement') for the 1st day of December,
2020 by and between the City of Palm Desert, a municipal corporation organized under the laws
of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California 92260-2578, County of Riverside, State of California ("City") and Bright Event
Rentals LLC, a California Liability Company, with its principal place of business at 72-009
Metroplex Drive, Thousand Palms, Califomia (Contractor). City and Contractor are sometimes
individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of furnishing and
maintenance services for outdoor dining at Lupine Lane required by City on the terms and
conditions set forth in this Agreement. Contractor represents that it is experienced in providing
services to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project , g&
City desires .. gage actor to render such services for the Lupine Lane Outdoor
Dining Project (" Proje s set fo ;in this Agreement.
3. TERMS
Scope of Services and Term.
General Scope of Services. Contractor promises and agrees to furnish to City all labor,
materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately supply the services and advice on various issues affecting the decisions of City
regarding the Project and on other programs and matters affecting City ("Services"). The Services
are more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this Agreement,
the exhibits attached hereto and incorporated herein by reference, and all applicable local, state
and federal laws, rules and regulations.
Term. The term of this Agreement shall be from December 1, 2020 to June 1, 2021 unless
earlier terminated as provided herein. Contractor shall complete the Services within the term of
this Agreement, and shall meet any other established schedules and deadlines. The Parties may,
by mutual, written consent, extend the term of this Agreement if necessary to complete the
Services.
Compensation.
BB&K (2020) AGREEMENT FOR GENERAL SERVICES
72500.00001 \33427442.1.
Contract No.
Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Forty -Three Thousand and 00/100 ($43,000.00) without written approval of City
Manager or their designee. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement.
3.1.1 Pavment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty-five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.1.2 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.1.3 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.2 Responsibilities of Contractor.
3.2.1 Control and Pavment of Subordinates: Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee
of City. Contractor retains the right to perform similar or different services for others during the
term of this Agreement. Any personnel performing the Services under this Agreement on behalf
of Contractor shall also not be employees of City and shall at all times be under Contractor's
exclusive direction and control. Neither City, or any of its officials, officers, directors, employees
or agents shall have control over the conduct of Contractor or any of Contractor's officers,
employees or agents, except as set forth in this Agreement. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of Services
under this Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services/Time for Performance.
(a) Contractor shall perform the Services expeditiously, within the
term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Contractor represents that it has the skilled
personnel required to perform the Services in conformance with such conditions. In order to
facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's
submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
BBSK (2020) 2 AGREEMENT FOR GENERAL SERVICES
72500 00001\33427442.1.
Contract No.
(b) Neither City nor Contractor shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non -performing Party. For purposes of this Agreement, such circumstances include a Force
Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's
performance and is one or more of the following: (1) Acts of God or other natural disasters; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); (4) strikes and other organized labor
action occurring at the site and the effects thereof on the services, only to the extent such strikes
and other organized labor action are beyond the control of Contractor and its subcontractors, and
to the extent the effects thereof cannot be avoided by use of replacement workers; and (5)
pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of
governmental authorities," includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of a public agency applicable to
the services and Agreement.
(c) Should a Force Majeure Event occur, the non -performing Party
shall, within a reasonable time of being prevented from performing, give written notice to the other
Party describing the circumstances preventing continued performance and the efforts being made
to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of
the Party responsible for the delay, shall not entitle Contractor to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.3.3 Conformance to Applicable Reouirements. All work prepared by
Contractor shall be subject to the approval of City.
3.3.4 Substitution of Kev Personnel. Contractor has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Contractor may substitute other personnel
of at least equal competence and experience upon written approval of City. In the event that City
and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to City, or who are determined by City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by
Contractor at the request of City. The key personnel for performance of this Agreement are as
follows:
3.3.5 Citv's Representative. City hereby designates, Kevin Swartz, Associate
Planner or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of City for
all purposes under this Agreement. Contractor shall not accept direction or orders from any
person other than City's Representative or his or her designee.
3.3.6 Contractor's Representative. Contractor hereby designates Scott Karroll,
General Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority
to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's
Representative shall supervise and direct the Services, using his or her best skill and attention,
BB&K (2020) 3 AGREEMENT FOR GENERAL SERVICES
72500 00001\33427442.1.
Contract No. ?.
and shall be responsible for all means, methods, techniques, sequences and procedures and for
the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, contractors and other staff at
all reasonable times.
3.3.8 Standard of Care: Performance of Emolovees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by contractors in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the calling necessary to perform
the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill
and experience to perform the Services assigned to them. Contractor represents that it, its
employees and subcontractors have all licenses, permits, qualifications and approvals of
whatever nature that are legally required to perform the Services, including any required business
license, and that such licenses and approvals shall be maintained throughout the term of this
Agreement. Contractor shall perform, at its own cost and expense and without reimbursement
from City, any services necessary to correct errors or omissions which are caused by Contractor's
failure to comply with the standard of care provided for herein, and shall be fully responsible to
City for all damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Contractor's errors and omissions. Any employee of Contractor or its
subcontractors who is determined by City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to City, shall be
promptly removed from the Project by Contractor and shall not be re-employed to perform any of
the Services or to work on the Project.
3.3.9 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Services. If Contractor performs any work knowing it to be contrary
to such laws, rules and regulations and without giving written notice to City, Contractor shall be
solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold
City, its officials, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any failure
or alleged failure to comply with such laws, rules or regulations.
3.3.10 Insurance
(a) Minimum Reauirements. Without limiting Contractor's
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(1) General Liabilitv Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
BB&K (2020) 4 AGREEMENT FOR GENERAL SERVICES
72500.00001\33427442.1.
Contract No.
(2) Automobile Liabilitv Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City's Risk Manger may modify this requirement if it is determined that Contractor
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(3) Workers' Compensation Insurance. Contractor shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers and representatives.
(4) Umbrella or Excess Liabilitv Insurance. Contractor may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer's liability. Such policy or policies shall include the following terms
and conditions:
a. A drop down feature requiring the policy to respond
if any primary insurance that would otherwise have applied proves to be uncollectible in whole or
in part for any reason;
b. Pay on behalf of wording as opposed to
reimbursement;
C. Concurrency of effective dates with primary policies;
and
d. Policies shall "follow form" to the underlying primary
policies.
e. Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
3.3.11 Other Provisions or Reauirements.
(a) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(b) Duration of Coveraoe. Contractor shall procure and maintain for the
duration of the Agreement insurance against claims for injuries to persons or damages to
BBBK (2020) 5 AGREEMENT FOR GENERAL SERVICES
72500.00001 w33427442.1.
Contract No.
property, which may arise from or in connection with the performance of the Services hereunder
by Contractor, his/her agents, representatives, employees or subcontractors.
(c) Primarv/Non-Contributing. Coverage provided by Contractor shall
be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City's own insurance or self-insurance
shall be called upon to protect it as a named insured.
(d) Citv's Riqhts of Enforcement. In the event any policy of insurance
required under this Agreement does not comply with these specifications, or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any
premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, City may terminate this
Agreement.
(e) Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact business of
insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by
the City's Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, agents, officials, employees, volunteers, and representatives or
shall specifically allow Contractor or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own
right of recovery against the City, its elected or appointed officers, agents, officials, employees,
volunteers and representatives and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except
BB&K (2020) 6 AGREEMENT FOR GENERAL SERVICES
72500,00001\33427442.1.
Contract No.
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
Q) Additional Insured Status. General liability, automobile liability, and
if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide
that the City and its officers, officials, employees, agents, volunteers and representatives shall be
additional insureds with regard to liability and defense of suits or claims arising out of the
performance of the Agreement, under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coveraae Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(1) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the insurer's
limits of liability. The policy(ies) shall not contain any cross -liability exclusions.
(m) Pass Throuah Clause. Contractor agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(n) Citv's Riaht to Revise Specifications. The City and the City's Risk
Manager reserve the right at any time during the term of the Agreement to change the amounts
and types of insurance required by giving the Contractor ninety (90) days advance written notice
of such change. If such change results in additional cost to the Contractor, the City and Contractor
may renegotiate Contractor's compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(o) Self -Insured Retentions. Any self -insured retentions must be
declared to and approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply
with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Services.
BB&K (2020) 7 AGREEMENT FOR GENERAL SERVICES
72500 00001133427442.1.
Contract No.
3.3.12 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, Contractor shall at all
times be in compliance with all applicable local, state and federal laws, rules and regulations, and
shall exercise all necessary precautions for the safety of employees appropriate to the nature of
the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.4 Labor Code Requirements.
3.4.1 Prevailina Waae. Contractor is aware of the requirements of California
Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage
rates and the performance of other requirements on certain "public works" and "maintenance"
projects ("Prevailing Wage Laws'). If the Services are being performed as part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Contractor
agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and
hold the City, its officials, officers, employees and agents free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to
comply with all California Labor Code provisions, which include but are not limited to prevailing
wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code
Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor
(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor
Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor
Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public
works project that is exempt pursuant to the small project exemption specified in Labor Code
Section 1771.4.
3.4.2 Registration. If the Services are being performed on a public works project
of over $25,000 when the project is for construction, alteration, demolition, installation, or repair
work, or a public works project of over $15,000 when the project is for maintenance work, in
addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor
and all subcontractors must be registered with the Department of Industrial Relations ("DIR").
Contractor shall maintain registration for the duration of the Project and require the same of any
subcontractors.
3.4.3 Comoliance Monitorina. This Agreement may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Contractor's sole responsibility to comply with all applicable registration and labor compliance
requirements. Any stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor that affect Contractor's performance of Services, including any
delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such
stop orders shall be considered Contractor caused delay and shall not be compensable by the
City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claim or liability arising out of stop orders issued by the
Department of Industrial Relations against Contractor or any subcontractor.
BB&K (2020) 8 AGREEMENT FOR GENERAL SERVICES
72500 00001\33427442.1.
Contract No.
3.4.4 Labor Certification. By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been fully and adequately rendered to City
through the effective date of the termination, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause. The rights and
remedies of the City provided in this section shall not be exclusive and are in addition to any other
rights and remedies provided by law, equity or under this Agreement.
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data, as defined
below, and other information of any kind prepared by Contractor in connection with the
performance of Services under this Agreement. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.3 Eariv Termination. Notwithstanding any provision herein to the contrary, if
for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for
future payment under the Agreement after exercising reasonable efforts to do so, the City may
upon seven (7) days' written notice, order work on the Project to cease. Upon termination,
Contractor shall be compensated only for those Services which have been adequately rendered
to City, and Contractor shall be entitled to no further compensation.
3.5.4 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 Scooe of Indemnitv. To the fullest extent permitted by law, Contractor shall
defend, indemnify and hold the City, its officials, employees, agents and volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs,
expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind,
in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to
property or persons, including wrongful death, (collectively, "Claims") in any manner arising out
of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor,
its officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Contractor's Services, the Project or this Agreement, including without
limitation the payment of all expert witness fees, attorneys' fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782,
Contractor's indemnity obligation shall not apply to such loss or damage which is caused by the
sole negligence or willful misconduct of the City.
BB&K (2020) g AGREEMENT FOR GENERAL SERVICES
72500,00001\33427442 1.
Contract No.
3.6.2 Additional Indemnity Obliqations. Contractor shall defend, with counsel of
City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against City or its officials, employees, agents and
volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may
be rendered against City or its officials, employees, agents and volunteers as part of any such
claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any
settlement paid by City or its officials, employees, agents and volunteers as part of any such
claim, suit, action or other proceeding. Such reimbursement shall include payment for City's
attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its
officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by
each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be
restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and
volunteers.
3.7 General Provisions.
3.7.1 Accountina Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred and fees charged under this Agreement.
All such records shall be clearly identifiable. Contractor shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontractinq.
(a) Use of Contractors. Contractor is aware of statutory and case law
regarding classification of workers as independent contractors, including California Labor Code
Section 2750.3 and Dvnamex Operations West. Inc. v. Suoerior Court, 4 Cal. 5th 903 (2018). To
ensure that Contractor is in compliance with the California Labor Code, Contractor shall only
utilize its employees to provide the Services. Contractor may not provide the services through
any independent contractor, subcontractor or subconsultant ("Subcontractor(s)") unless approved
by the City as set forth in Section 3.7.2 (b) below. Contractor represents and warrants that all
personnel who perform the Services on Contractor's behalf are Contractor's employees, and that
Contractor complies with all applicable laws, rules and regulations governing its employees,
including, but not limited to, the California Labor Code, Unemployment Insurance Code and all
applicable Industrial Welfare Commission Wage Orders.
(b) Prior Approval Reauired. Contractor shall not use any
Subcontractor to provide the Services, or any portion of the work required by this Agreement,
without prior written approval of City. In the event that City authorizes Contractor to use a
Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must
include all provisions of the Agreement, including a restriction on the Subcontractor's use of
further independent contractors, subcontractors or subconsultants without the City's prior written
consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
BB&K (2020) 10 AGREEMENT FOR GENERAL SERVICES
72500. 00001 \33427442. 1.
Contractor:
City:
Bright Event Rentals, LLC.
72-009 Metroplex Drive
Thousand Palms, Ca 92276
ATTN: Scott Karroll, General Manger
City of Palm Desert
73-610 Fred Waring Drive
Palm Desert, CA 92260
Attn: Kevin Swartz, Associate Planner
Contract No.
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party
at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.7.4 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.7.5 Attornevs' Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorneys' fees and all costs of such action.
3.7.6 Entire Aareement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be supplemented, amended or
modified by a writing signed by both Parties.
3.7.7 Governino Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.7.8 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.7.9 Citv's Rioht to EmDlov Other Contractors. City reserves the right to employ
other Contractors in connection with this Project.
3.7.10 Successors and Assians. This Agreement shall be binding on the
successors and assigns of the parties.
3.7.11 Assianment or Transfer. shall not assign, sublet, or transfer this Agreement
or any rights under or interest in this Agreement without the written consent of the City, which
may be withheld for any reason. Any attempt to so assign or so transfer without such consent
shall be void and without legal effect and shall constitute grounds for termination.
BB&K (2020) 11 AGREEMENT FOR GENERAL SERVICES
72500.00001 \33427442.1.
Contract No.
3.7.12 Construction: References: Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Contractor include all personnel, employees, agents, and subcontractors
of Contractor, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.7.13 Amendment: Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.7.15 No Third Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.7.16 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.7.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City's Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising therefrom.
3.7.18 Eaual ODDortunity EmDlovment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall also comply with all relevant provisions of any minority business
enterprise program, affirmative action plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.7.19 Authoritv to Enter Aareement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
BB&K (2020) 12 AGREEMENT FOR GENERAL SERVICES
72500.00001 \33427442.1.
Contract No.
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.7.21 Emplovment Adverse to Citv. Contractor shall notify City, and shall obtain
City's written consent, prior to accepting work to assist with or participate in a third -party lawsuit
or other legal or administrative proceeding against City during the term of this Agreement.
3.7.22 Conflict of Emplovment. Employment by Contractor of personnel currently
on the payroll of City shall not be permitted in the performance of this Agreement, even though
such employment may occur outside of the employee's regular working hours or on weekends,
holidays or vacation time. Further, the employment by Contractor of personnel who have been
on City's payroll within one year prior to the date of execution of this Agreement, where this
employment is caused by and or dependent upon Contractor securing this or related Agreements
with City, is prohibited.
3.7.23 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas
or court orders, shall survive any such expiration or termination.
3.8 RESERVED.
[SIGNATURES ON NEXT PAGE]
BB&K (2020) 13 AGREEMENT FOR GENERAL SERVICES
72500.00001 \33427442.1.
Contract No.
SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF PALM DESERT AND
BRIGHT EVENT RENTALS, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF PALM DESERT
a
M
GINA NESTANDE Its:
MAYOR
Printed
Name:
ATTEST:
0
GRACE L ROCHA
ACTING CITY CLERK
BEST BEST & KRIEGER LLP
CITY ATTORNEY
=151FATIU—si ]'1I
RYAN STENDELL
DIRECTOR OF COMMUNITY SERVICES
BB&K (2020) 14 AGREEMENT FOR GENERAL SERVICES
72500 00001\33427442. 1.
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On 20_, before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
Individual DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney -In -Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named
Above
BB&K (2020) 15 AGREEMENT FOR GENERAL SERVICES
72500.000011.33427442.1
Exhibit A Scope of Services
San Diego Orange County Palm Springs
7069 Consolidated Way, Ste 300 3101 S. Harbor Blvd 72-009 Metroplex Drive
San Diego, CA 92121 Santa Ana, CA 92704 Thousand Palms, CA 92276
Tel: (858) 496-9700 Tel: (714) 540-6111 Tel: (760) 343-5110
73510 FRED WARING DR CORNER OF EL PASEO AND LUPINE 10/14/20 Wed
PALM DESERT CA 92260 PALM DESERT CA 92260
(760) 776-6446 RYAN STENDELL Event:
RSTENDELL@CITYOFPALM DESERT.ORG PU Window:
Pick-up/in:
Ordered by: RYAN SI FN D F I I
Phone: 1760) 346 0611
a
Consultant: ASHLEYB Jill ABI
4ry Item Description ,... _... .._Unit Rate.
Quotes are valid for 30 days from the date provided. All Prices are subject to change after that
time with or without notice. Quotes do not reserve rentals or guarantee a delivery date/time.
All items are subject to availability when you confirm your order.
-Bright Staff To Set Up And Breakdown Tables & Choirs-
- ELECTRICAL & LIGHTING -
10
LIGHT STRAND BISTRO 50
40 WATT BULB
115.00
1725.00
12
LIGHTING PIPE 10'
0.GO
-Wrap Poles In Black Velon-
12
BASE FOR 11' MARKET UMBRELLA
0.00
12
CONCRETE BLOCK
300 LBS
0.01)
-Cover Blocks In Green Turf-
5
CORD EXTENSION 100'
BLACK
0.00
- FLOORING & STAGING -
2,880
ASTROTURF SQUARE FOOT
GREEN
1944.00
3
--ASTRO TURF 12' X 50'
GREEN
0.00
3
--ASTRO TURF 12' X 30'
GREEN
0.00
19
TURF SQUARE TO COVER CONCRETE BLOCK,
5'X5' GREEN
11.50
327.75
- SEATING -
16
CHAIR CAFE
ORANGE
6.95
166.80
16
BARSTOOL W/OUT BACK GUNMETAL
CAFE
14.00
336.00
18
BARSTOOL
ERICKSON
14.00
378.00
- TABLES
-
6
TABLE 6 X 36 PICNIC WOOD W/6 BENCHES CUSTOM WALNUT
85.GO
765.00
4
TABLE 8' X 24" X 30"(H)JACOBEAN
CALISTOGA
90.00
540.00
www.bright.coni THANK YOU FOR YOUR BUSINESS r
• Your signature signifies your agreement to BRIGHT'S terms and conditions (attached).
• This is your order as we have entered it. Please notify us immediately of any discrepancies.
• Please return linens & napkins in the supplied linen bags. Return hangers in the hanger bags.
• Please rinse off dirty dishes, glasses & tableware and return them to the appropriate containers.
• Please make all adjustments to your order no later than 3 days prior to your delivery date.
• For after hour EMERGENCIES, call our 24.Hour Emergency line at (760) 343-5110 then press 1.
III II It III II I II I 11111111 SIGNATURE
PRINT
DATE
10105120 16,39,48 Pagel
CITY OF PALM DESERT
73510 FRED WARING DR
PALM DESERT CA 92260
(760) 776-6446
RSTENDELLLOCITYOFPALM DESERT.ORG
Ordered by: RYAN STENDELL
Phone: (760) 346 0611
San Diego Orange County Palm Springs
7069 Consolidated Way, Ste 300 3101 S. Harbor Blvd 72-009 Metroplex Drive
San Diego, CA 92121 Santa Ana, CA 92704 Thousand Palms, CA 92276
Tel: (858) 496-9700 Tel: (714) 540-6111 Tel: (760) 343-5110
CORNER OF EL PASEO AND LUPINE
DEL Window:
8:00 AM - 5:00 PM
CORNER OF EL PASEO AND LUPINE
Delivery/Out:
10/14/20 Wed
PALM DESERT CA 92260
Event Time:
5:00 PM
RYAN STENDELL
Event:
10/15/20 Thu
PU Window:
8:00 AM - 5:00 PM
Pick-up/In:
10/27/20 Tue
PO/lob# ALFRESCO MONTH 1
Consultant:
ASHLEY B MODby: ABI
., Solespprson:
JORGE _
4ty
item Description
Unit Rate
Total
-Paired With Orange Cafe Chairs-
4
TABLE 2' X 4' X 42" (H)
JACOBEAN CALISTOGA
65.00
390.00
-Paired With Gunmetal Cafe Barstools-
9
TABLE COCKTAIL 42"(H)
ERICKSON
65.00
877.50
-Paired With Erickson Barstools
-
GARDEN
-
2
CABANA 8' X 12' X 8'(H)
VINEYARD
525.00
3
TOP SWAG VINEYARD CABANA
OMEGA ECRU
0.00
4
CONCRETE BLOCK
300 LBS
0.00
-Cover Blocks In Green Turf-
6
UMBRELLA MARKET 11'
OFF WHITE
76.00
684.00
12
SAND BAG 25LBS THEATRICAL
BLACK
0.00
3
UMBRELLA MARKET 9'
LIME GREEN
38.00
171.00
3
BASE PLATE 30 LBS WEIGHT
0.00
3
UMBRELLA MARKET 9'
OCEAN
38.00
171.00
3
BASE PLATE 30 LBS WEIGHT
0.00
3
UMBRELLA MARKET 9'
LEMON YELLOW
38.00
171.00
3
BASE PLATE 30 LBS WEIGHT
0.00
3
UMBRELLA MARKET 9'
APPLE RED
38.00
171.00
3
BASE PLATE 30 LBS WEIGHT
0.00
3
UMBRELLA MARKET 9'
ROYAL BLUE
38.00
171.00
3
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 9'
HUNTER GREEN
38.00
114.00
2
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 9'
COPPER
38.00
114.00
2
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 9'
MIDNIGHT
38.00
114.00
2
BASE PLATE 30 LBS WEIGHT
0.00
l u �dl i���l�i��ui �i I I
ill lry'yi)7d'4.Yu' JI4.J.VIYrL "'I�YIE_'N_�lY:ilNYi ly)YiltCiLllai:j4jilYiili.F'�11101�J<1AY,iP-�:a•iE�1��..Jii�("uii����
IN IN
• Your signature signifies your agreement to BRIGHT'S terms and conditions (attached).
• This is your order as we have entered It. Please notify us Immediately of any discrepancies.
• Please return linens & napkins in the supplied linen bags. Return hangers in the hanger bags.
• Please rinse off dirty dishes, glasses & tableware and return them to the appropriate containers.
• Please make all adjustments to your order no later than 3 days prior to your delivery date.
• For after hour EMERGENCIES, call our 24-Hour Emergency line at (760) 343-5110 then press 1.
1$ 1111111111111111111111111I II SIGNATURE
PRINT
DATE
20105120 16:39:48 Paget
San Diego Orange County Palm Springs
7069 Consolidated Way, Ste 300 3101 S. Harbor Blvd 72-009 Metroplex Drive
San Diego, CA 92121 Santa Ana, CA 92704 Thousand Palms, CA 92276
Tel: (858) 496-9700 Tel: (714) 540-6111 Tel: (760) 343-5110
CITY OF PALM DESERT
CORNER OF LL PASEO AND LUPINE
DEL Window:
8:00 AM - 5:00 PM
73510 FRED WARING OR
CORNER OF EL PASEO AND LUPINE
Delivery/Out:
10/14/20 Wed_
PALM DESERT CA 92260
PALM DESERT CA 92260
Event Time:
5:00 PM
(760) 776-6446
RYAN STENDELL
Event:
10/15/20 Thu
RSTENDELL@CITYOFPALM DESERT.ORG
PU Window:
8:00 AM - 5:00 PM
Pick-up/in:
10 27/20 Tue
Ordered by: YAN STENDELL
Po/Job N ALFRESCO MONTH 1
Constant:
ASHLEY B
MOD by: ABI
Phone: 760) 346 0611
l
Salesperson;
JORGE
a.
Oty Item Description
- ".-
Unit Rate Total
- RETAIL -
12 VELON WRAP FOR TENT POLE/LEG
15.75 189.00
4 DUCT TAPE (DK GREEN)
0.00 0.00
- LABOR, PORTAGE, RANHOURS -
12 RIGGING SERVICE LABOR
50.00 600.00
50 SETUP & BREAKDOWN CHAIR
0.75 37.50
- DELIVERY FEES -
2 DELIVERY / PICKUP 92262
85.00 170.06
----- Payments
�LV—"kl},'1'uJ9 ilil4l�.lLtiLl im..�uilullilwlwWwmJ��,�y(y,Wyl+'uf��'a:1Ak�LN�daLY'�Yu,.W:9u!'auluaF�L.�WJJ.J.0
°�uJl:ik:;oL'.•,(sL'�+1�W„i'::.c..L��...
Rentals
9,528.30
• Your signature signifies your agreement to BRIGHTs terms and conditions (attached).
Custom / Sub - Rentals
327.75
• This is your order as we have entered it. Please notify us Immediately of any discrepancies.
• Please return linens & napkins In the supplied linen bags. Return hangers In the hanger bags.
Sales
600.00
• Please rinse off dirty dishes, glasses & tableware and return them to the appropriate containers.
Delivery/Pickup
170.00
• Please make all adjustments to your order no later than 3 days prior to your delivery date.
Labor
226.50
• For after hour EMERGENCIES, call our 24-Hour Emergency line at (760) 343-5110 then press 1.
Damage Waiver
0.00
Sales Tax
0.00
III
IIIIII
IIIIIII
II
SIGNATURE
Discount
-705.93
Total
10 ,146.62
PRINT DATE
Total Paid
0.00
Est Amount Due
10,146.62
10105120 16.39:48 Poge 3
Contract No.
EXHIBIT "B"
SCHEDULE OF SERVICES
C'2",�tB
1L'25,QG20•t2tc'�i02R
___--_-NE
CORNEROFELPASEQANDLUPI
AIFRESCOMONTN3
9,2461E
G1243.76
123Q2ClG-ttAM1
CORNEA OF EL PASEO AND LUPINE
ALFRE SCO MONTH 4
9,24616
C 713,25
1001.212 421
CORNER OF EL PASEO AND LUPINE
ALFRESMMONTM
9,P4616
C=MIS
?a24Pt02t• 2621
CORNER OF EL PASEO AND LUPINE
ALFRESCO WITH 6
324616
C42A989
Y41W2L4r27=1
CORNEROFELPASEOANDWRINE
kI`RFSCOM04Tg7
2,52529
C=2 I
4/8321S G21
CORNEROFELPAEOAPSfL INE
ALFREKOMONTH6
2,029
C 12>Fm
=2101021
CORNER 0; EL PASEOAND Off
ALFREW14h, WEEK
300
BB&K (2020) 17 EXHIBIT B SCHEDULE OF SERVICES
72500 00001\33427442 1
EXHIBIT "C"
COMPENSATION
NOT TO EXCEED $43,000.00 WITHOUT CITY MANAGER APPROVAL UP
TO AN ADDITIONAL $20,000.00.
BB&K (2020) 18 EXHIBIT C COMPENSATION
72500.00001\33427442.1.
A40720
Contract No.
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 14th day of October, 2020, by and
between the City of Palm Desert, a municipal corporation organized under the laws of the State
of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California 92260-2578, County of Riverside, State of California ("City").and. Bright Event Rentals
LLC, a California Limited Liability Company, with its principal place of business at 72=009
Metroplex Drive, Thousand Palms, CA 92276 ("Consultant"). City and Consultant are
sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS. _
2.1 Project.
The City is a.public agency of the State of California and is in need of professional
services for the following project:
Lupine Lane Outdoor Dining Project,
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City , on the terms and conditions set forth in this
Agreement. Consultant is duly licensed and has the necessary qualifications to provide such
services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessay to fully and adequately 'supply the services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A attached hereto aild incorpotated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October.14, 2020 to
December 30, 2020, unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established schedules
and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor: Control and Payment of Subordinates. T.lie
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to. the requirements of this
Agreement. City retains Consultant on an independent contractor basis and. not as. an
employee. Any personnel performing -the Services shall not* be employees of City and shall at
all times be under Consultant's exclusive direction and control. Consultant shall pay all wages,
salaries, and other amounts due such personnel in connection with their 'performance of
Services under this Agreement and as required by law. Consultant shall be responsible for all
(BB&K 2019)
72500.00001132374887.1 _1_
A40720
Contract No.
reports and obligations respecting such additional personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance, disability insurance, and
workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner in accordance with the Schedule of Services set forth in Exhibit "A" attached
hereto and incorporated herein by reference. Consultant represents that it has the professional
and technical personnel required to perform the Services expeditiously. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Aoplicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain, key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City.and Consultant cannot agree
as to the substitution of key personnel, City shall be entitled to terminate this Agreement.for
cause. The key personnel for performance of this Agreement.are as follows: Scott Karroll,
General Manager.
3.2.5 Citv's Representative. The City hereby designates Kevin Swartz,
Associate Planner, or his/her designee, to act as its representative in all matters pertaining to
the administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager
shall be authorized to act on City's behalf and to execute all necessary documents which
enlarge the scope of services or change the Consultant's total compensation subject to the
provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or
orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Scott Karroll,
General Manager, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care: Performance of Emolovees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subconsultants shall have sufficient skill and experience to perform the Services assigned to
them. Consultant represents that it, its employees and subconsultants have all licenses,
(BB&K 2019)
72500.00001132374887.1 _2_
A40720
Contract No.
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, and that such licenses and approvals shall be maintained throughout the term of this
Agreement. Consultant shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided herein. Any employee of the
Consultant or its sub -consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety
of persons or property, or any employee who fails or refuses to perform the Services in a
manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance
Time"). Consultant shall also perform the Services in strict accordance with any completion
schedule or Project milestones described in Exhibits "A" attached hereto, or which may be
separately agreed upon in writing by the City and Consultant ("Performance Milestones").
Consultant agrees that if the Services are not completed within the aforementioned
Performance Time and/or pursuant to any such Performance Milestones developed pursuant to
provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer
damage.
3.2.10 Laws and Reculations: Emplovee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with the Services and this Agreement. All violations of such laws and
regulations shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Emolovment Eliaibility: Consultant. Consultant certifies
that it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the
Agreement.
3.2.10.2 Eaual O000rtunity Emolovment. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City's Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.2.10.4 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed.
(BBBK 2019)
72500.00001132374887.1 . _3_
Contract No.
A40720
3.2.11 Insurance.
3.2.11.1 Minimum Reauirements. Without limiting Consultant's
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liabilitv Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy must
include contractual liability that has not been amended. Any endorsement restricting standard
ISO "insured contract' language will not be accepted.
(B) Automobile Liabilitv Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in
connection with Work to be performed under this Agreement, including coverage for any owned,
hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident. The City's Risk Manger may modify this requirement if it is determined
that Consultant will not be utilizing a vehicle in the performance of his/her duties under this
Agreement.
(C) Professional Liabilitv (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim
and in the aggregate. Any policy inception date, continuity date, or retroactive date must be
before the effective date of this Agreement and Consultant agrees to maintain continuous
coverage through a period no less than three years after completion of the Services required by
this Agreement.
(D) Workers' Compensation Insurance. Consultant shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability
Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers,
agents, employees and volunteers.
(E) Umbrella or Excess Liabilitv Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer's liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2) Pay on behalf of wording as opposed to
reimbursement;
(BB&K 2019)
72500.00001%32374887.1 -4-
A40720
Contract No.
(3) Concurrency of effective dates with primary policies;
and
(4) Policies shall "follow form" to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
If coverage is maintained on a claims -made basis, Consultant shall maintain such
coverage for an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coveraae. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the
Services hereunder by Consultant, his/her agents, representatives, employees or
subconsultants.
(C) Primarv/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of City before the City's own
insurance or self-insurance shall be called upon to protect it as a named insured.
(D) Citv's Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of
California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
(SUK 2019)
72500.00001132374887.1 _5_
A40720
Contract No.
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against the City, its elected or appointed officers, agents, officials, employees and volunteers,
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(G) Enforcement of Contract Provisions (non est000ell.
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Reauirements Not Limitina. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification only as
it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to
the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits
than the minimums shown above, the City requires and shall be entitled to coverage for the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of the
-specified minimum limits of insurance and coverage shall be available to the City.
(1) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide to City with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal
of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be
endorsed to provide that the City and its officers, officials, employees, agents, and volunteers
shall be additional insureds with regard to liability and defense of suits or claims arising out of
the performance of the Agreement, under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant's insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the
insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions.
(M) Pass Throuah Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought
onto or involved in the Project by Consultant, provide the same minimum insurance coverage
and endorsements required of Consultant. Consultant agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that upon request, all
agreements with subconsultants, subcontractors, and others engaged in the Project will be
submitted to City for review.
(N) Citv's Riaht to Revise Soecifications. The City and Risk
Manager reserve the right at any time during the term of the Agreement to change the amounts
(BB&K 2019)
72500.00001132374887.1 ,8_
Contract No.
and types of insurance required by giving the Consultant ninety (90) days advance written
notice of such change. If such change results in additional cost to the Consultant, the City and
Consultant may renegotiate Consultant's compensation. If the City reduces the insurance
requirements; the change shall go into effect immediately and require no advanced written
notice.
(0) Self -Insured Retentions. Any self -insured retentions must
be declared to and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in 'its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Qualitv Manaaement and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Services including, without limitation, all applicable provisions of the City's
ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33
U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code
§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
authority. Consultant must comply with the lawful requirements of the City, and any other
municipality, drainage district, or other local agency with jurisdiction over the location where the
Services are to be conducted, regulating water quality and storm water discharges. Failure to
comply with laws, regulations, and ordinances listed in this Section is a violation of federal and
state law. Consultant warrants that all employees and subcontractors shall have sufficient skill
and experience to perform the work assigned to them without impacting water quality in violation
of the laws, regulations and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "B" attached hereto and incorporated herein by reference. The total
compensation shall not exceed TWENTY FIVE THOUSAND AND 00/100 DOLLARS
($25,000.00) without written approval of the City Council or City Manager, as applicable.
3.3.2 Pavment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services pompleted by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
(BBBK 2019)
72500.00001132374887.1 _7_
A40720
Contract No.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written
authorization from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, at seq., and 1770, at seq., as well as California Code of Regulations,
Title 8, Section 16000, at seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. If the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to
fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested parties
upon request, and shall post copies at the Consultant's principal place of business and at the
project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774,
1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant
shall therefore comply with such Labor Code sections to the fullest extent required by law.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents,
and volunteers free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Comoliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5
and 1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply
with, all applicable registration and labor compliance requirements, including the submission of
payroll records directly -to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant's performance of Services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against
Consultant or any subconsuitant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
(BB&K 2019)
72500.00001132374887.1 _8.
I_[IIFkkil
Contract No.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Consultant shall allow inspection of
all work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Aareement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those Services which have been adequately rendered
to City, and Consultant shall be entitled to no further compensation. Consultant may not
terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner
as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant: BRIGHT EVENT RENTALS, LLC
72-009 Metroplex Drive
Thousand Palms, CA 92276
ATTN: Scott Karroll, General Manager
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Kevin Swartz, Associate Planner
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
(BB&K 2019)
72500.00001132374887.1 .g_
A40720
Contract No.
3.6.3 Ownership of Materials and Confidentialitv.
3.6.3.1 Documents & Data: Licensino of Intellectual Provertv. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed
in any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data
shall be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City's express written permission. Within thirty (30)
days following the completion, suspension, abandonment or termination of this Agreement,
Consultant shall provide to City reproducible copies of all Documents & Data, in a form and
amount required by City. City reserves the right to select the method of document reproduction
and to establish where the reproduction will be accomplished. The reproduction expense shall
be borne by City at the actual cost of duplication. In the event of a dispute regarding the
amount of compensation to which the Consultant is entitled under the termination provisions of
this Agreement, Consultant shall provide all Documents & Data to City upon payment of the
undisputed amount. Consultant shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
Documents & Data on file for a minimum of fifteen (15) years following completion of the
Project, and shall make copies available to City upon the payment of actual reasonable
duplication costs. Before destroying the Documents & Data following this retention period,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to
obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by
the City.
3.6.3.3 Richt to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City's sole risk. If City uses or reuses the Documents & Data on any project other than this
Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and
hold harmless Consultant and its officers, directors, agents and employees from claims arising
out of the negligent use or re -use of the Documents & Data on such other project. Consultant
shall be responsible and liable for its Documents & Data, pursuant to the terms of this
Agreement, only with respect to the condition of the Documents & Data at the time they are
provided to the City upon completion, suspension, abandonment or termination. Consultant
shall not be responsible or liable for any revisions to the Documents & Data made by any party
other than Consultant, a party for whom the Consultant is legally responsible or liable, or
anyone approved by the Consultant.
3.6.3.4 Indemnification — Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other
(BB&K 2019)
72500.00001\32374887.1 _10,
A40720
Contract No.
proprietary right of any person or entity in consequence of the use on the Project by City of the
Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing
Consultant's proprietary information ("Proprietary Information") unless the City's legal, counsel
determines that the release of the Proprietary Information is required by the California Public
Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,
in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written
notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents
from and against all liability, loss, cost or expense (including attorney's fees) arising out of a
legal action brought to compel the release of Proprietary Information. City shall not release the
Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to
fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any
legal action brought to compel such release; and/or (2) a final and non -appealable order by a
court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 lReservedl
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend
(with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subconsultants or agents in connection with the performance of the Consultant's Services, the
Project or this Agreement, including without limitation the payment of all expert witness fees,
,attorney's fees and other related costs and expenses except such loss or damage caused by
the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall
survive expiration or termination of this Agreement and shall not be restricted to insurance
proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or
volunteers.
(BB&K 2019)
72500.00001132374887.1 -11-
A40720
Contract No.
3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold
harmless arises out of Consultant's performance as a "design professional" (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall
be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend,
shall not exceed the Consultant's proportionate percentage of fault. 1
3.6.7 Entire Acreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.8 Governino Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 Citv's Riaht to Emolov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assions. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assionnient: Subcontractinc. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so
transfer without such consent shall be void and without legal effect and shall constitute grounds
for termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction: References: Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and
not work days. All references to Consultant include all personnel, employees, agents, and
subconsultants of Consultant, except as otherwise specified in this Agreement. All references
to City include its elected officials, officers, employees, agents, and volunteers except as
otherwise specified in this Agreement. The captions of the various articles and paragraphs are
for convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
3.6.14 Amendment: Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
(BB&K 2019)
72500.00001\32374887.1 -12-
F-ILi►YAKi]
Contract No.
3.6.16 No Third-Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Aareement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
(BB&K 2019)
72500.00001132374887.1 -13-
A40720
Contract No.
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND BRIGHT EVENT RENTALS, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT SCOTT KARROLL
BRIGHT EVENT RENTALS, LLC
Re y Byty M
Interim City Mana r By: ,
ATTEST:
6 hRocha
Graa
Acting City Clerk
City
Reviewed by:
Ryan Stendell
Community Development Director
Its: �2v ?'..I M004?y
Printed Name: 564- /1 r-adz1
(BB&K 2019)
72500.00001\32374887.1 -14-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA,
COUNTY OF
Ont)r.+ -f I �- _ . 20 dit before
personally appeared J>P& '- K4 dE
evidence to be the person whose name#
me that h�e//syle/th6y exe uted the same Ir
signature a on the instrument the persof
executed the instrument.
JENNIFER LEE NELSON
Notary PubliC • California
- �� • ' Orange County F
Commission # 2274224
My Comm. Expires Jan 13, 2023
)enn.1`FfX I P� J�e��'DYl Notary Public,
, who proved to me on the basis of satisfactory
Fsub cribed to the within instr ent and acknowledged to
/ elr authorized capacity ' s), and that by his/ / eir
a entity upon behalf df which the person ) acted,
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
nature of tary Public
OPT NAL
Though the information below is not required by law, it may prove valuable to persons relying on
the document and could prevent fraudulent removal and reattachment of this form to another
document.
CAPACITY CLAIMED BY SIGNER
9 Individual
❑ Corporate O�}cR�1 D / ,fa'y�
/ / Title(s) ///� n
❑ . Partner(s) ❑ Limited
n General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
(BBBK 2019)
72500.000OW2374887.1 -15-
DESCRIPTION OF ATTACHED DOCUMENT
rPe-imVAf
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
AA ,. pgrnrd
San Diego
7069 Consolidated Way, Ste 300
San Diego, CA 92121
Tel: (958) 496-9700
Orange County
3101 S. Harbor Blvd
Santa Ana, CA 92704
Tel: (714) 540.6111
Palm Springs Exhibit A
72-009 Metroplez Drive
Thousand Palms, CA 02276
Tel: (760) 343S110
.REAW&OTO: •.. , .;... " , '" - -,.- -
.:`„DEN.VfgItJOCAThDW, d " , -* , '
' - .. -'`• DATE MIMES:' ....
CITY OF PALM DESERT
CORNEROF ELPASEOAND LUPINE
DEL Window:
8.00 AM-5:00 PM
73510 FRED WARING DR
CORNEROF ELPASEOAND LUPINE
10/14/20 _._..Wed
PALM DESERT CA 92260
PALM DESERT CA 92260
Event Time:
SO PM
(760)776-6446
RYAN STENDELL
Event
10/15/20 Thu
RSTENDELL@CITYOFPALM DESERT.ORG
PU Window:
8:00 AM - 5:00 PM
Pick-uo/In:
10/27/20 Tue
Ordered by: RYAN STENDELL
PO/Job p ALFRESCO MONTH 1
I
consultant: ASHLEY
B
MOD by: ABI
Phone: (7601346-0631
Salesoerson: JORGE
.'' .� •r u: -.:. rn,;v',,E:,a
ti5�G6BsGiFy? $F•.,
:Lt•„C'+,Yr_'fCA;i,;:'c "'L?�3.?rdanCli:
rxyr
rit�.a, P 17Li;,i4EC"(tlYf'lh'�' tfAlZ-c'�Llia�s'.
r'C�+WJiCr1u
^r•-�.Y41. Y:. ;.., -�k}i ..
..�,".n '7 '.1ti.S be ..
. •...
}•'�K.e?,:' T
-..:,L1tY Item Desulatlon...
_
,rt"u,,,.;,•�, I.:'..i,., �;. ,, - ,, ..
,._ _ -
+ Unit Rate
... - 'n'7oto1 .. T
Quotes are valid for 30 days from the date provided. All Prices are subject to change after that
time with or without notice. Quotes do not reserve rentals or guarantee a delivery date/time-
All items are subject to availability when you confirm your order.
-Bright Staff To Set Up And Breakdown Tables & Chairs-
- ELECTRICAL & LIGHTING -
10 LIGHT STRAND BISTRO 50
40 WATT BULB
115.00
1725.00
12 LIGHTING PIPE 10'
Glee
-Wrap Poles Xn Black Velon-
12 BASE FOR 11' MARKET UMBRELLA
0.00
12 CONCRETE BLOCK
300 LBS
0.00
-Cover Blocks In Green Turf-
5 CORD EXTENSION 100'
BLACK
0.00
- FLOORING & STAGING -
2,880 ASTROTURF SQUARE FOOT
GREEN
1944.00
3--ASTRQ TURF 12i X 50'
GREEN
Glee
3--ASTRO TURF 12' X 30'
GREEN
0.00
19 TURF SQUARE TO COVER CONCRETE BLOCK,
5'X5' GREEN
11.50
327.75
- SEATING -
16 CHAIR CAFE
ORANGE
6.95
166.80
16 BARSTOOL W/OUT BACK GUNMETAL
CAFE
14.00
336.00
18 BARSTOOL
ERICKSON
14.00
378.00
- TABLES -
6 TABLE 6 X 36 PICNIC WOOD W/6 BENCHES CUSTOM WALNUT 85.00 765.00
4 TABLE 8' X 24" X 30"(H)JACOBEAN CALISTOGA 90.00 540.00
"SIGNATURE BOX- PLEASE'READ BEFORE SIGNING +
• Your signature signifles ydur agreement to BRIGHT's terms and conditions (attached).
• This is your order as we have entered It. Please notify us Immediately of any discrepancies.
• Please return linens & napkins In the supplied linen bags. Return hangers In the hanger bags.
• Please rinse off dirty dishes, glasses &tableware and return them to,the appropriate Containers.
Please make all adjustments to your order no later than 3 days prior to your delivery date.
• For after hour EMERGENCIES, call our 24-Hour Emergency line at (760) 343-5110 then press 1.
IIIII�I I IIIIIIIIIIIIIII IIII III SIGNATURE
PRINT DATE
10105120 16:39:4e Pagel
San Diego
7069 Consolidated Way, Ste 300
San Diego, CA 92121
Tel: (858)496-9700
Orange County
3101 S. Harbor Blvd
Santa Ana, CA 92704
Tel: (714) 540-6111
Palm Springs Exhibit A
72-009 Metroplex Drive
Thousand Palms, CA M76
Tel: (760) 343-5i10
Il i �rtt;x„-rw. a_A-'Nrll:i
>t�aA� vlr7i'e; :11F
'RENTED'TOi:
.'
DEUVERV LOCAT10N::
iDATES1r1MES.•
CITY OF PALM
DESERT
CORNER OF EL PASEO AND LUPINE
.DEL Window:
8:00'AM -5:00 PM
73510 FRED WARING DR
CORNER OF EL PASEO AND LUPINE
Dellv_ery,(Out: _SO/14/20_.._.,.
Wed_
PALM DESERT
CA 92260
PALM DESERT CA 92260
Event Time:
5:00 PM
(760)776-6446
RYAN STENDELL
Event:
10/15/20 Thu
RSTENDELL@CITYOFPALM DESERT.ORG
PU Window:
8:00 AM -5:00 PM
Pick-uo/In:
10/27/20 Tue
Ordered by.,
RYAN STENDELL
I
PO iab ALFRESCO MONTH 1
If/
I
Consultant: ASHLEY 0
MOD by: ABI
Phone:
(760) 346-0611
Salesperson: JORGE
X,.,,..,.
I,:bl1,:,.�j.4'lLl�Lli;F_l1£Illlr�.'1,
i ll['f-'i]z•�j'y4 A';Y hliiAfa ?4S o"• of r.yUi�:
. a•F'nd,-AVG+'GLi�f.!it.T'IJ'1`wt?-4',.t•A
.
. •
. Ctv.:
were Desciletion'
to .., !'I t' ,.;`'"; s.
bnft'Rdte,.......
c.iota/ '
-Paired With Orange Cafe
Chairs-
4
TABLE 2' X 4' X 42" (H)
JACOBEAN CALISTOGA
65.00
390.00
-Paired With Gunmetal
Cafe Barstools-
9
TABLE COCKTAIL 42o(H)
ERICKSON
65.00
877.50
'
-Paired With Erickson
Barstools -
GARDEN
-
2
CABANA 8' X 121 X 81(H)
VINEYARD
525.00
3
TOP SWAG VINEYARD CABANA
OMEGA ECRU
0.00
4
CONCRETE BLOCK
300 LBS
0.00
-Cover Blocks Xn Green
Turf-
6
UMBRELLA MARKET 11'
OFF WHITE
76.00
684.00
12
SAND BAG 25LBS THEATRICAL
BLACK
0.00
3
UMBRELLA MARKET 9'
LIME GREEN
38.00
171.00
3
BASE PLATE 30 LBS WEIGHT
0.00
3'
UMBRELLA MARKET 9'
OCEAN
38,00
171.00
3
BASE PLATE 30 LBS WEIGHT
0.00
3
UMBRELLA MARKET 9'
LEMON YELLOW
36.00
171.00
3
BASE PLATE 30 LBS WEIGHT
8.00
3
UMBRELLA MARKET 9'
APPLE RED
38.00
171.00
3
BASE PLATE 30'LES WEIGHT
0.00
3
UMBRELLA MARKET 9'
ROYAL BLUE
38.00
171.00
3
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 9'
HUNTER GREEN
38.00
114.00
2
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 9'
COPPER
38.00
114.00
2
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 91
MIDNIGHT
38.00
114.00
2
BASE PLATE 30 LBS WEIGHT
0.00
•Y4(S^'6 'a'•
.jtY;MSIGNATURE BOX- PLEASE REAWBEFORE SIGNING"'.'
• Your signature signifies your agreement to BRIGHT'S terms and conditions (attached).
• This Is your order as we have entered It. Please notify us immediately of any discrepancies.
• Please return linens & napµlns In the supplied linen bags. Return hangers in the hanger bags.
• Please rinse off ditty dishes, glasses & tableware and return them to the appropriate containers,
• Please make all adjustments to your order'no later than 3 days prior to your delivery date.
• For after hour EMERGENCIES, call our 24-Hour Emergency line at (760) 343-5110 then press 1.
111111111111111111111111111111111111111111 SIGNATURE
PRINT
10/05/20 1639:48 Poge2
DATE
CITY OF PALM DESERT
73510 FRED WARING DR
PALM DESERT CA 92260
(760)776-6446
RSTENDELL@CITYOFPALM DESERT•ORG
San Diego Orange County Palm Springs
Exhibit A
7069 Consolidated Way, Ste 300 31015. Harbor Blvd 72-009 Melropiex Drive
San Diego, CA 92121 Santa Ana, CA 92704 Thousand Palms, CA 92278
Tel: (858) 496.9700 Tel: (714) 540-6VU Tel: (760) 343.5110
uCUVAKY.LULAfIDly: " •;
DATESSIAME5t"•.,--,
.. -' I
CORNER OF EL PASEO AND LUPINE
DEL Window
9:00AM.5:00PM
CORNER OF EL PASEO AND LUPINE
Wed
PALM DESERT CA 92260
_Detivery/Outi_
Event rime:
_SO/14/20___
S= PM
RYAN STENDELL
Event.
30115120 Thu
Pt/ Window.
9:00 AM - 5:00 PM
_
Pick-uo/In:
10/27/20 Tue
ordered by. RYAN STEND11L
I PO/lob#
ALFRESCO MONTH
I Consultant: ASHL
ABI
ordere
EYB
osp
IMOOrye
a'ir+*.+,e`'Y"-%'4t<':;'X,1.�'t1Z' aia�%6"
�ttg5tiS;Jid'+fay'hlctr:::SQ:vit:�.-iJi%�9CkC'1a�r.C!r=`.iK4(Cy•� �I�;;yy�tit'U
�,ix`%..
aty Kam DeSci7Pftod°�.`:'r:r: •4 .:
- _-. 'Y,'I�i'^I"Unit Ratc
Totol,
- RETAIL -
12 VELON WRAP FOR TENT POLE/LEG
15.75
189.00
4 DUCT TAPE (DK"GREEN)
0.00
0.0e
- LABOR, PORTAGE, MANHOURS -
12 RIGGING SERVICE LABOR
50.00
600.00
50 SETUP & BREAKDOWN CHAIR
0.75
37.50
- DELIVERY FEES -
2 DELIVERY / PICKUP 92262
85.00
179.00
----- Payments
' `:SIGNATURE BOX •PLEASEREADBEFORE SIGNING •'`( Rentals 9,528.30 • Your signature signifies your agreement to BRIGHT'S terms and conditions (attached). Custom Sub -Rentals 528.30
• This Is your order as We have entered IL Please notify us Immediately of any discrepancies. /
• Please return linens & napkins In the supplied linen bags. Return hangers in the hanger bags, Sales 600.00
• Please rinse off dirty dishes, glasses & tableware and return them to the appropriate containers. Delivery/Pickup 170.00
• Please make all adjustments to your order no later than 3 days pribrtayour delivery date. Labor 226.50
• For after hourEMERGENCIES, call our 24•Hour Emergency line at (760) 343.51W then press 1.
II Damage Waiver 0.00
IIIIIUIIUIIIII�IIIIIIIIIIIIIUIIIII� SIGNATURE Sales Tax 0.00
Discount -705.93
Total 10,146.62
PRINT DATE Total Paid 0.00
Est Amount Due 10,146.62
SO/09/20 16:39:48 Fdge3
San Diego
7069 Consolidated Way, Ste 300
San Diego, CA 92121
Tel: (858) 496.9700
Orange County
3101 S. Harbor Blvd
Santa Ana, CA 92704
Tel: (714) 540-6111
lk
?��prYV - Month 2
72-009 Metroplex Drive
Thousand Palms, CA 92276
Tel: (760) 343-511D
i$fi _.^�r_
aeaL�+g1�wX° d a r r _
•• _.
..,... �:+%t::'r,•, .. :U�'4„rz+"'�I
_ '
RENTED TD: ... ,• . ::'" -,�
:..DELIVERYLOCADON: "• ..
: bAM/r/MES:
•.. .... ... .;
CITY OF PALM DESERT
CORNER OF EL PASED AND LUPINE
,DEL Window:
8:00 AM • 5:00 PM
73510 FRED WARING DR
CORNER OF EL PASEO AND LUPINE
. Deiivery)Dut:
PALM DESERT CA 92260
PALM DESERT CA 92260
Event Time:
5:00 PM
(760)776-6446
Event:
10/28/20 Wed
RSTENDELL@CITYOFPALM DESERT.ORG
PU Window:
8:00 AM - 5:00 PM
Pick-up/in:
11/24/20 Tue ,
Ordered by: RYAN STENDELL PO/Job p ALFRESCO MONTH 2 Consultant ASHLEY B IMOD by: ABI
Phone: (760) 346-0611 J Salesperson: IORGE
e.;�y.•��...�,�; � �yyr,..:T�; `� .., .:. , • :�.� : �. ��.'a,&�st• ., ,7.`itays'�,;,,�aj�.,, . ,,: ... .
rc�C3: '.(`-�.?�• °,,sev'."'^.`"t:K'V'�'I"!d'--'?. ;c'f-°'v U^ii&�BS",M1..,°ifa=?(;L^nv :•1VF•'.i. 7u+:�7'•f.?L r t- 74�1+ -
DO' ' 7tem:0escridflan ^ +•;.. - • .. .? • • "ti:• Udit Rate. , yTatdl
Quotes are valid for 30 days from the date provided. All Prices are subjec
time with or without notice. Quotes do not reserve rentals or guarantee a
All items are subject to availability when you confirm your order.
-Bright Staff To Set Up And Breakdown Tables & Chairs -
ELECTRICAL & LIGHTING -
10 LIGHT STRAND BISTRO 50 40 WATT BULB
12 LIGHTING PIPE 10'
-Wrap Poles In Black Velon-
12 BASE FOR III MARKET UMBRELLA
12 CONCRETE BLOCK 300 LBS
-Cover Blocks in Green Turf-
5 CORD EXTENSION 'lee' BLACK
- FLOORING & STAGING -
2,880 ASTROTURF SQUARE FOOT GREEN
3--ASTRO TURF 12' X 50' GREEN
3--ASTRO TURF 12' X 30' GREEN
16 TURF SQUARE TO COVER CONCRETE BLOCK, 5'X51 GREEN
- SEATING -
16 CHAIR CAFE ORANGE
16 BARMOL W/OUT BACK dUNMETAL CAFE
18 BARSTOOL ERICKSON
TABLES -
6 TABLE 6 X 36 PICNIC WOOD W/6 BENCHES CUSTOM WALNUT
4 TABLE 8' X 24" X 36"(H)3ACOBEAN CALISTOGA
t
to change after that
delivery date/time.
115.00 2300.00
0.0e
0.00
0.00
a ME
1944.00
0.00
0.00
0.00
6.95 222.40
14.00 448.60
14.00 504.00
85.00 1020.00
90.00 720.00
ww:,ligight,com': .� ,•-. _ :�•� s . n t:ao
.jai: —
SIGNATURE BOX -PLEASE READ BEFORE'SIGNING -I
• Your Signature signifies your agreement to BRIGHT's terms and conditions (attached).
• This Is your order as we have entered It. Please notify us immediately of any discrepancies.
• Please return linens &,napkins In the supplied linen bags. Return hangers In the hanger bags.
• Please rinse off dirty dishes, glasses & tableware and return them to the appropriate containers.
• Please make all adjustments to your order no later than 3 days prior to your delivery date.
• For after hour EMERGENCIES, call our 24-Hour Emergency line at (760) 343-5110 then press 1.
SIGNATURE
PRINT DATE
10/05/20 16:39;56 Pagel
�tr�c
L. ! SHAff. Ale77
San Diego
7069 Consolidated Way, Ste 300
San Diego, CA 92121
Tel: (958) 496-9700
Orange County
3101 S. Harbor Blvd
Santa Ana, CA 92704
Tel: (714) 540.6111
APk���t A - Month 2
72-009 Metroplex Drive
Thousand Palms, CA 92276
Tel: (760) 343-5110
T
...;,. a o I 1 'yi�„�,"
�,..�'�.•.3�"',-`w'�etgn"•c.,cc9•.'�},•II
... 0')
OE4VERY iCOCA,TlON:1 e,`/+' Ia'�^
OA MESd.
CITY OF PALM DESERT
CORNER OF EL PASEOAND LUPINE
DEL Window:
8:00 AM-5:00 PM
73510 FRED WARING DR
CORNER OF EL PASEOAND LUPINE
PALM DESERT CA 92260
PALM DESERT CA 92260
Event Time:
5:00 PM
(760)776-6446
Event:
10/28/20 Wed
RSTENDELL@CITYOFPALM DESERT.ORG
PU Window:
8:00 AM - 5:00 PM
Pick-upAn:
11/24/20 Tue
Ordered by:
RYAN STENDELL
I
PO/Job if ALFRESCO MONTH 2
Consultant., ASHLEY B
I
MOD by: ABI
Phone:
(760) 34611
6-0
Salesperson: JORGE
.. �..�.
.'.,rlrtt5LL,1.',;<SI7G4-('G'C3.1;;;;,,>_�:L'iititilic-iti�,: ::��,,ont:FC:,. e-t• •'. ..�.: {•, rraC•.higrrir�iGj{1�.j ''�.:':
.. `City'
Item Description':•.b;G. ... ;;. -..)->
`•..,"... '
,• .`.`.:'s Unit Rate
Total
-Paired With Orange Cafe
Chairs-
4
TABLE 2' X 4' X 42" (H)
3ACOBEAN CALISTOGA 65.00
520.00
-Paired With Gunmetal
Cafe Barstools-
9
TABLE COCKTAIL 42P(H)
ERICKSON
65.00
1170.00
-Paired With Erickson
Barstools -
GARDEN
-
'
2
CABANA B' X 12' X 8'(H)
VINEYARD
$25.00
3
TOP SWAG VINEYARD CABANA
OMEGA ECRU
0.00
4
CONCRETE* BLOCK
300 LBS
0.00
-Cover Blocks In Green
Turf-
6
UMBRELLA MARKET Ill
OFF WHITE
76.00
912.00
12
SAND BAG 25LBS THEATRICAL BLACK
0.00
3
UMBRELLA MARKET 9'
LIME GREEN
38.00
228.00
3
BASE PLATE 30 LBS WEIGHT
0.00
3
UMBRELLA MARKET 9'
OCEAN
38.00
228.00
3
BASE PLATE'30 LBS WEIGHT
0.00
3
UMBRELLA MARKET 9'
LEMON YELLOW
38.00
228.00
3
BASE PI -ATE 30 LBS WEIGHT
G.00
3
UMBRELLA MARKET 9'
APPLE RED
38.00
228.00
.3
BASE PLATE 30 LBS WEIGHT
0.00
3
UMBRELLA MARKET 9'
ROYAL BLUE
38.00
228,00
3
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 9'
HUNTER GREEN
38.00
152.00
2
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 9'
COPPER
38.00
152.00
2
BASE PLATE 30 LBS WEIGHT
0.00
2
UMBRELLA MARKET 9'
MIDNIGHT
38.00
152.00
2
BASE PLATE 30 LBS WEIGHT
0.00
'174�.�'.�`4�t1'
.^. _..:`;,%
i �' �`S1 a _oAY5Xei1f'Yi•lYCYIp�%t3d'f""
�rl_ti$raiyfi"1"W31fFEL
I .. SIGNATURE BOX -PLEASE READ"BEF.DRE SIGNING r .. .
• Your signature signifies your agreement to BRIGHT'S terms and conditions (attached).
• This Is your order as we have entered it Please notify us Immediately of any discrepancies.
• Please return linens & napkins In the supplied linen bags. Return hangers In the hanger bags.
• Please rinse off dirty dishes, glasses & tableware and return them to the appropriate containers.
• Please make all adjustments to your order no later than 3 days prior to your delivery date.
• For after hour EMERGENCIES, call our 24-Hour Emergency line at (760) 343-51.10 then press 1.
SIGNATURE
PRINT DATE
1010SI20 16:39:56 Paget
z
Chi A - Month 2
San Diego
Orange County a m pr n s
hV
® -
7069 Consolidated Way, Ste 300
3101'S. Harbor Blvd 72-009 Moll Drive
San Diego, CA 92121
Santa Ana, CA 92704 Thousand Palms, CA92276
�•
Tel: (858) 496-9700
Tel: (714) 540-6111 Tel: (760) 343.5110
v.
lace kc➢ei9Vd1Y4i2•�'Snsd.".i.;
I'RENTEDTO:.:'.-.ru.f,e..•"OELIVERVEOLATIOA-ft'.
'.' .'
" DATES/TIMES: .. "••';t.,•..!•:_ ;
CITY OF PALM DESERT
CORNER OF EL PASEO AND LUPINE DEL Window: 8:00 AM-5:00 PM
73510 FRED WARING DR
CORNER OF EL PASEO AND LUPINE _ Delivery/Out: __ _ 10/28/20 ___.Wed
PALM DESERT CA 92260
PALM DESERT CA 92250
Event Time: 5:00 PM
(760) 776-6446
Event: 10/28/20 Wed
RSTENDELL@CITYOFPALM DESERT.ORG
PU Window: 8:00 AM - S-00 PM
Pick-up/In: 11/24/20 Tue
ordered by. RYAN STENDELL
Po/Jobp ALFRESCO MONTH I SHLE B
MODbye ABI
ordere460611
I
Salesperson:
zml 6 .64Ql si.'a Vow :-4 gg C e • 11
•
•,�Y,+yoe
it(�li]lj, �"�iY1T.yi_ai!v'.v 'LS 7,n3if I-lIt•/t
�{'
,: -- '..", �j'. :'t •
.,;.#:, .+��:F' :!{79:. .
"y° . 4 ..': ..F. tif:1J: .. '
.�: Qtv: Item Deiril'otion.•:.:;::
.. .. '3'.'
.� •. '. ... unit Rate 1 .[.:i' '•,1:46tal.
^ LABOR, PORTAGE, HANHOURS ^
1 MONTHLY MAINTENANCE-BI WEEKLY
250.00 250.00
Payments
'SIGNATURE BOX- PLEASE READ BEFOR6'SIGNING '.' Rentals 11,881.40
• Your signature signifies your agreement to BRIGHT'S terms and conditions (attached). Custom/Sub - Rentals 0.00
• This Is your order as we have entered It. Please notify us Immediately of any discrepancies.
• Please return linens &.napkins In the supplied linen bags. Return hangers In the hanger bags. Sales. 0.00
• Please rinse off dirty dishes, glasses & tableware and return them to the appropriate containers. Delivery/Pickup 0.00
'• Please make all adjustments to your order no later than 3 days prior -to your delivery date. Labor 250.00
For after hour EMERGENCIES• call our 24-Hour Emergency line at (760) 343.5110 then press 1. Damage Waiver 0.00
Sales Tax 0.00
IIIII SIGNATURE
PRIM
10105120 26:S9SE Pages
DATE
Discount
—941.24
Total
11,190.16
Total Paid
0.00
Est Amount Due
11,190.16
Contract No.
EXHIBIT "B"
COMPENSATION
A40370
Total of invoices from Exhibit A = $21,336.78. In the event that there are extra costs associated
with unforeseen parts necessary to complete the job total compensation is notto exceed
$25,000.00.
Cm