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HomeMy WebLinkAboutReso 67-26 Approving Agreements with Special Events Rentals and HERC Rentals Inc. for City-RESOLUTION NO. 67 – 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENTS WITH SPECIAL EVENTS RENTALS AND HERC RENTALS, INC. FOR CITY- PRODUCED SPECIAL EVENT RENTAL SERVICES WHEREAS, the City of Dublin routinely rents equipment for outdoor events produced by the Parks and Community Services Department, including the Summer Concert Series, Splatter, the St. Patrick’s Day Festival, the Holiday Tree Lighting, and park and facility dedications and groundbreakings; and WHEREAS, on May 7, 2026 Staff issued a Request for Proposals (RFP) for staging, tenting, tables, chairs, and other event furniture rental services; and WHEREAS, three companies submitted proposals, and Special Events Rentals was identified as the lowest qualified bidder and is capable of providing services as specified in Exhibit A; and WHEREAS, the City desires to enter into an agreement with Special Events Rentals for an amount not to exceed $250,000 over a term beginning August 1, 2026 and ending June 30, 2028; and WHEREAS, electrical equipment and services provided by HERC Rentals, Inc. are available to the City through an existing cooperative purchasing agreement between HERC Rentals, Inc. and OMNIA Partners, and HERC Rentals, Inc. is capable of providing services as specified in Exhibit B; and WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and HERC Rentals, Inc. has a valid pricing agreement (OMNIA Partners Master Contract) attached hereto as Exhibit C, which meets this Municipal Code provision for a publicly bid agreement; and WHEREAS, the City desires to enter into an agreement with HERC Rentals, Inc. for City-produced event rental services, for an amount not to exceed $120,000 over a term beginning August 1, 2026 and ending June 30, 2028. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreements with Special Events Rentals and HERC Rentals, Inc., attached hereto as Exhibits A and B, respectively. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements attached hereto as Exhibits A and B, and make any necessary, non-substantive changes to carry out the intent of this Resolution. Reso. No. 67-26, Item 5.2, Adopted 07/21/2026 Page 1 of 2 Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Reso. No. 67-26, Item 5.2, Adopted 07/21/2026 Page 2 of 2 PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin, on this 21st day of July, 2026 by the following vote: AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 1 of 18 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND SPECIAL EVENTS RENTALS THIS AGREEMENT for special event tents, stages, and other event furniture rentals is made by and between the City of Dublin (“City”) and Special Events Rentals (“Contractor”) (together sometimes referred to as the “Parties”) as of August 1, 2026 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2028, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9A Exhibit A to the Resolution Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 2 of 18 Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $250,000 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Consultant’s proposal, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ▪Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ▪The beginning and ending dates of the billing period; ▪A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 3 of 18 o A brief description of the work, and each reimbursable expense ▪The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ▪The Contractor’s signature; ▪Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Intentionally Deleted. 2.6 Intentionally Deleted. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 4 of 18 2.7 Intentionally Deleted. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Intentionally Deleted. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.0 List of Available Resources. •Any public park or facility as defined in Exhibit A 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 5 of 18 All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 6 of 18 subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 7 of 18 b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 8 of 18 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 9 of 18 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach: ▪Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ▪Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ▪Terminate this Agreement. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 10 of 18 Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 11 of 18 Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 12 of 18 obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 13 of 18 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 14 of 18 hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 15 of 18 effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 16 of 18 10.9 Notices. Any written notice to Contractor shall be sent to: Special Events 174 Lawrence Drive, Suite A Livermore, CA 94551 Any written notice to City shall be sent to: City of Dublin Att: City Manager 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses 10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 17 of 18 SIGNATURES ON FOLLOWING PAGE Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Page 18 of 18 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Exhibit A – Page 1 of 4 EXHIBIT A Vendor will provide rental, delivery, set-up, and teardown of event related rental furnishing, such as furniture, tenting and staging for the following City of Dublin events and festivals for Fiscal Years 2026-2028: General requirements and services for all City of Dublin events and festivals: •Event dates and times are subject to change at sole discretion of City. •Confirm all event logistics with City staff one month prior to the event dates. •Assist City staff in identifying all event needs. Event Date General Overview of Services Required St. Patrick’s Day Celebration 100 Civic Plaza March 13-14, 2027 March 11-12, 2028 - Use of equipment for a two- day festival - Expect load-in to span over two select days as specified by City Staff - Three stages for entertainment - 20 Festival Tents (10x10) and (10x20) - 10 Quick Tops 10x10 - Tables and Chairs Summer Concert Series –4201 Central Parkway Select Thursdays August 2026 – 1 Concert June 2027 – 3 Concerts July 2027 – 4 Concerts August 2027– 1 Concert June 2028 – 3 Concerts - Bandshell to cover existing outdoor Amphitheater Stage Splatter 4201 Central Parkway September 12, 2026 September 11, 2027 - Use of equipment for a one- day festival - Expect load-in to span over two select days as specified by City Staff - Three stages for entertainment - 20 Festival Tents (10x10) and (10x20) - 10 Quick Tops 10x10 - Tables and Folding Chairs Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Exhibit A – Page 2 of 4 •Ensure all tenting and other equipment meets City and Alameda County Fire Department requirements for ingress, egress, fire suppression, total occupancy, etc. •Provide staff to be onsite during inspections by City staff and Alameda County Fire. •This agreement does not confirm the City’s exact needs as event details and layout may change. Exact orders and equipment need’s will be confirmed 10 days prior to each event. •Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment setup and placement. COMPENSATION SCHEDULE STAGES Description Location/Notes Cost 20”x32”x3 stage w/ accompanying equipment Main Stage St. Pats $2908 20”x32”x24” stage w/ accompanying equipment Dance Stage St. Pats $2972 20”x20”x24” stage w/ accompanying equipment Pub Stage St. Pats $1880 20”x20”x6’ stage w/ accompanying equipment Side Yard Stage Splatter $1655 20”x32”x36” stage w/ accompanying equipment Amphitheater Splatter $2908 8’x28”x16” stage w/ accompanying equipment Performance Stage Tree Lighting $2055 4’x4’x2’ stage w/ accompanying equipment TV 30 Stage/Riser Tree Lighting $111 30 Gallon Sand Barrel Tent Anchor $44 Tree Lighting 100 Civic Plaza December 3, 2026 December 2, 2027 - Riser to hold up to 100 performers - Tent with lighting to cover riser - Folding Chairs Park Openings as Needed Dates TBD - Determined by the nature of the event but anticipated needs include: o Staging o Festival Tenting o Folding Chairs Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Exhibit A – Page 3 of 4 600lb Block Tent Anchor $90 800lb Block Tent Anchor $105 1 Ton Block Tent Anchor $135 Ox Fee Anchor Moving Equipment $400 Block Covers White Covers for Concrete Blocks $30 Lighting Packages for Stages Various $.50 per sq ft Fire Extinguisher Package Per Fire Code $71.50 / 124 Delivery Fees Varies TENTING Description Location/Notes Cost 10’x10’x8’ Quick Top One Piece Green Rooms, Bike Valets, Sound Tech $175 Festival Tent 10’x20’x8’Vendor/Sponsors $260 Festival Tent 20’x20’x10’ Vendor/Sponsors $420 Festival Tent 20’x40’x10’ Shaded Seating Area $840 Festival Tent 40’x40’x10’ Shaded Seating Area $1680 20’x20’x10 White Fastrack Bandshell Tent Outdoor Concert – Emerald Glen Amp $480 30’x20’x10 White Fastrack Bandshell Tent Amphitheater/Main Stage St. Pats $720 Side Wall Package for 10’x10’ each Green Rooms/City Booths $40 Side Wall Package for 10’x20’ each Performance Area/Sponsor Tents $80 Half Wall Package for 10’x10’ each For Sponsor Tents $30 Half Wall Package for 10’x20’ each For Sponsor Tents $60 Set of 4 Barrels 30 gallons Water Provided $72 Set of 4 Barrels 55 gallons Water Provided $96 Barrel covers for 30 gallon Water Provided $10 Barrel covers for 55 gallon Water Provided $12 Festival Flags (Multiple Color Options) $0 Fire Extinguisher Package 1FE, 1NS,1Exit Per Fire Code $75/$135.50 Delivery Fees Varies Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Special Events Rentals Exhibit A – Page 4 of 4 TABLES/CHAIRS Description Location/Notes Cost Ivory Folding Chairs Cost per Chair $1.60/$1.90 Table, 48” rounds Cost per Table $11.50 Table, 60” rounds Cost per Table $11.75 Table, 6’x30” Banquet Table Cost per Table $10.00 Table, 8’x30” Banquet Table Cost per Table $11.25 Table, 8’x18” Narrow Table Cost per Table $16.00 Delivery Fees Varies *All rates subject to annual increase as approved by the City Manager, or their designee. Contractor must submit all rate increases by June 1st of each year. Rate increases shall not exceed 3% annually. Docusign Envelope ID: BD6988DB-F356-8CC4-80C1-5D9BC01ACF9ADocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 1 of 17 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND HERC RENTALS, INC. THIS AGREEMENT for Electrical Equipment Rental services is made by and between the City of Dublin (“City”) and HERC Rentals, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of August 1, 2026 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2028, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the services described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $120,000 notwithstanding any contrary indications that may be contained in Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630C Exhibit B to the ResolutionDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 2 of 17 Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Contractor’s proposal, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ▪Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ▪The beginning and ending dates of the billing period; ▪A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 3 of 17 ▪The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ▪The Contractor’s signature; ▪Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Intentionally Deleted. 2.6 Intentionally Deleted. 2.7 Intentionally Deleted. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 4 of 17 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Intentionally Deleted. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.0 List of Available Resources. •Any public park or facility as defined in Exhibit A 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 5 of 17 attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 6 of 17 Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 7 of 17 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 8 of 17 d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 9 of 17 of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach: ▪Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ▪Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ▪Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 10 of 17 must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 11 of 17 entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 12 of 17 recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 13 of 17 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 14 of 17 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 15 of 17 Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: HERC Rentals, Inc. 4700 E 2nd St. Benicia, CA 94510 Any written notice to City shall be sent to: City of Dublin Att: City Manager 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 16 of 17 Exhibit A Scope of Services & Compensation Schedule 10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Page 17 of 17 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Herc Rentals, Inc. Exhibit A – Page 1 of 2 EXHIBIT A Vendor will provide rental, delivery, set-up, and teardown of electrical equipment. Vendor is expected to have multiple units of each size generator to meet the needs of community events. General requirements and services for all City of Dublin events and festivals: •Event dates, locations and times are subject to change at sole discretion of City. •Confirm all logistics with City staff one month prior to event dates. •Assist City staff in identifying all event electrical needs. •This agreement does not confirm the City’s exact needs as event details and layout may change. Exact orders and equipment needs will be confirmed 10 days prior to each event. •Ensure all equipment meets City and Alameda County Fire Department requirements for placement, fire suppression, etc. •Provide on-site event technician during event set-up. The technician will remain on-site until City staff approves equipment placement and proper functionality. •Provide an on-site equipment technician on the event date(s). The following is a schedule of the City of Dublin events and festivals for Fiscal Years 2026-28: St. Patrick’s Day Celebration Dublin Civic Center 100 Civic Plaza March 13-14, 2027 March 11-12, 2028 -Ability to power without interruption: o three stages of entertainment o 24 hour power to two beverage bars, ice trailer and food court for two days Splatter Emerald Glen Park 4201 Central Parkway September 12, 2026 September 11, 2027 -Ability to power without interruption: o two stages of entertainment o 24 hour power to one beverage bar, ice trailer and food court for one day Tree Lighting December 3, 2026 -Ability to power: Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and Herc Rentals, Inc. Exhibit A – Page 2 of 2 Dublin Civic Center 100 Civic Plaza December 2, 2027 o One stage of entertainment o Holiday light displays Park Openings as Needed Locations TBD Dates TBD Needs dependent upon the event Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Services Agreement between August 1, 2026 City of Dublin and HERC Rentals, Inc. Exhibit A – Page 2 of 2 COMPENSATION SCHEDULE 100 KW generator $465 55KW generator $335 20 KW generator $230 LED Light tower generator $80 400-amp Distro Panel $355 Spider Box $40 Spider Box Cables (100 ft)$42 Extension Cord (50 ft)$18 Cable Ramps $16 One On – Site Technician Per hour $150/$200/$250 Fuel cost (as needed, to be billed after event) Per gallon $10.99 Labor – Installation (if not included)$150(hr) Delivery per day, per truck $125 Docusign Envelope ID: BB58B57D-69FC-816E-8046-3FCD0207630CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Exhibit C to the ResolutionDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Old Contract#: 2019000318 New Contract#: SCON2510000258 Amendment#: 16 Vendor#: 20941 HERC RENTALS, INC. 1 SIXTEENTH AMENDMENT STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG SIXTEENTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES THIS SIXTEENTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES (this “Sixteenth Amendment”) is made and entered into this ______ of _____________ 2025, by and between Herc Rentals, Inc., a Florida corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. A. The City of Charlotte and the Company entered into an Agreement for Equipment Rentals and Related Products and Services dated November 1, 2018 (the “Contract”) pursuant to which the Company agreed to provide Equipment Rentals and Related Products and Services for the City of Charlotte. B. The parties amended the Contract on July 15, 2019, to incorporate an updated equipment list and gold and platinum pricing schedules. C. The parties amended the Contract on January 1, 2020, to incorporate an updated equipment list and gold and platinum pricing schedules. D. The parties amended the Contract on January 1, 2021, to incorporate an updated equipment list, gold and platinum pricing schedules, and the option to recover any administrative or contract fees imposed by any Participating Public Agency. E. The parties amended the Contract on August 23, 2021, to replace the Pricing Schedules with the addition of new equipment. F. The parties amended the Contract on January 1, 2022, to adjust unit pricing, to replace the Commercial Non- Discrimination clause, and to incorporate certain other changes. G. The parties amended the Contract on February 1, 2022, to delete and replace the CBI Form 4 documents. H. The parties amended the Contract on July 20, 2022, to incorporate an updated equipment list and gold and platinum pricing schedules, add a CBI Form 4, and incorporate certain other changes. I. The parties amended the Contract to extend the Term of the Contract by the first of two (2) two-year renewal terms, to incorporate an updated equipment list and gold and platinum pricing schedules, and to incorporate updated discount schedules for equipment purchases. J. The parties amended the Contract to include additional add-ons shown in Exhibit A.5 and to incorporate certain other changes. K. The parties amended the Contract to incorporate an updated equipment list and gold and platinum pricing schedules as shown in Exhibit A.5 and to incorporate certain other changes. L. The parties amended the Contract to include additional add-ons shown in Exhibit A.6 and to incorporate certain other changes. Docusign Envelope ID: E15BFD09-E491-4C26-A465-B3717F44330C 8th December Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Old Contract#: 2019000318 New Contract#: SCON2510000258 Amendment#: 16 Vendor#: 20941 HERC RENTALS, INC. 2 SIXTEENTH AMENDMENT M. The parties amended the Contract to incorporate the 2025 equipment list, gold and platinum pricing schedules including Hawaii pricing shown in Exhibit A.7, and to incorporate certain other changes. N. The parties amended the Contract to include additional add-ons shown in Exhibit A.8 and to incorporate certain other changes. O. The parties amended the Contract to extend the Term of the Contract by the second of two (2) two-year renewals and to incorporate certain other changes. P.The parties now desire to update the contract to incorporate the 2026 equipment list, gold and platinum pricing schedules including Hawaii pricing shown in Exhibit A.9, and to incorporate certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: A G R E E M E N T 1. The terms of the Contract are restated by and incorporated into this Sixteenth Amendment by reference. 2. Defined terms used in this Sixteenth Amendment shall have the same meaning as are assigned to such terms in the Contract. 3. The Pricing Schedules in Exhibit A of the Contract are hereby updated to incorporate the 2026 equipment list, gold and platinum pricing schedules including Hawaii pricing shown in Exhibit A.9. 4. The 2026 Pricing Schedule will be in effect from January 1, 2026, through December 31, 2026. 5. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] Docusign Envelope ID: E15BFD09-E491-4C26-A465-B3717F44330CDocusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D Old Contract#: 2019000318 New Contract#: SCON2510000258 Amendment#: 16 Vendor#: 20941 HERC RENTALS, INC. 3 SIXTEENTH AMENDMENT IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Sixteenth Amendment to be executed as of the date first written above. HERC RENTALS, INC.: CITY MANAGER’S OFFICE: BY: __________________________________ BY: __________________________________ (Signature) (Signature) PRINT NAME: _________________________ PRINT NAME: _________________________ TITLE: ________________________________ TITLE: ________________________________ DATE: ________________________________ DATE: ________________________________ Docusign Envelope ID: E15BFD09-E491-4C26-A465-B3717F44330C Deputy City Manager 12/8/2025 Liz Babson Docusign Envelope ID: C3C87B8F-67A0-89EB-82A1-07B917100F2D