SPECIAL EVENTS EQUIPMENT RENTAL AGREEMENT

CITY OF DANIA BEACH, FLORIDA INVITATION TO BID NO. __________

This Agreement is entered into on ______________________, 20___ by the CITY OF

DANIA BEACH, FLORIDA, a Florida municipal corporation, with its principal address at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (“City”), and ________________________________, a ________________________________, with its principal address at ________________________________ (“Contractor”). The City and Contractor agree as follows.

1. CONTRACT DOCUMENTS AND INTERPRETATION

1.1 Purpose and engagement. The City issued Invitation to Bid No. __________ for Special Events Equipment Rental (“ITB”) to obtain equipment rental and related services on an as-needed, nonexclusive basis. Contractor submitted a bid in response to the ITB, and the City awarded Contractor the categories or line items identified in Exhibit A. Contractor accepts the engagement and shall furnish the equipment and perform the services authorized by the City in accordance with the Contract Documents. This Agreement does not guarantee any minimum quantity of equipment, services, assignments, expenditures, or revenue.

1.2 Contract Documents. The following documents constitute the “Contract Documents” and are incorporated into this Agreement by reference as though fully set forth:

(a) This Agreement and its exhibits;

(b) The ITB, including its Notice to Bidders, General Terms and Conditions, Special Conditions, Scope of Work, Bid Form, Bidder Submissions, specifications, and attachments;

(c) All written addenda issued by the City for the ITB;

(d) Contractor’s bid, including its accepted pricing, representations, qualifications, affidavits, certifications, and other required submissions, but only to the extent consistent with the ITB and the City’s award;

(e) Written clarifications expressly accepted by the City as part of the award, provided they do not materially modify the solicitation requirements or otherwise violate applicable procurement requirements;

(f) Event work orders, purchase orders, and other written authorizations properly issued under this Agreement; and

(g) Subsequent written amendments approved and executed in accordance with City requirements.

This agreement form is part of the solicitation and is not subject to post-bid negotiation except to the extent expressly permitted by the ITB and applicable law. Completion of award-specific information does not authorize a material change in the solicited terms. The executed Agreement replaces the unexecuted solicitation form. Incorporation of Contractor’s bid does not constitute acceptance of an exception, qualification, limitation, or additional term. Any otherwise lawful modification requires express City approval through the procedures authorized by the Contract Documents and applicable procurement law.

1.3 Interpretation and order of precedence. The Contract Documents are complementary and shall be read together to give effect to their requirements. A requirement stated in one Contract Document is binding as though stated in all, unless it conflicts with a controlling provision.

If an actual conflict cannot reasonably be reconciled, the following order of precedence applies:

(a) Subsequent written amendments to this Agreement, with the later amendment controlling the provision it expressly modifies;

(b) This Agreement, including modifications to its solicitation form expressly made by City-issued addenda;

(c) City-issued ITB addenda addressing other solicitation requirements, with the later addendum controlling;

(d) ITB Special Conditions;

(e) ITB Scope of Work and technical specifications;

(f) ITB General Terms and Conditions;

(g) The remaining ITB documents;

(h) Exhibit A, Awarded Equipment and Pricing;

(i) Authorized event work orders, purchase orders, and other written authorizations; and

(j) The remaining portions of Contractor’s accepted bid.

A City-issued addendum expressly modifying a provision of the agreement form controls that provision unless a subsequent, duly authorized written amendment expressly provides otherwise.

The ITB’s requirement that the most stringent requirement apply shall govern compatible requirements that can be satisfied together. It shall not override this order of precedence, increase an awarded price, change the published billing basis, or authorize a material expansion of the awarded scope.

1.4 Awarded pricing and event requirements. Exhibit A shall identify the awarded categories or line items and incorporate the accepted bid pricing schedule or a City-prepared award schedule accurately reproducing the accepted prices, units of measure, rental billing periods, and separately authorized fees. The City may use its preferred schedule format, provided the schedule accurately reflects the ITB and accepted award. Exhibit A shall not introduce or modify a pricing basis, minimum rental period, surcharge, or other material term after bidding.

An authorized event work order may establish event-specific quantities, locations, schedules, rental periods consistent with the awarded billing basis, approved discounts, and maximum compensation. It shall not amend this Agreement, increase maximum awarded rates, expand the awarded scope, or exceed applicable spending authority.

1.5 Contractor forms and additional terms. Contractor’s quotations, rental agreements, delivery tickets, invoices, acknowledgments, electronic portals, hyperlinks, and third-party forms shall not modify or supplement the Contract Documents. City personnel may acknowledge delivery, receipt, equipment quantities, or completion without accepting additional contractual terms.

No signature, electronic acknowledgment, payment, use of equipment, or other operational act by City personnel constitutes acceptance of an indemnification obligation, liability waiver, limitation of Contractor’s liability, automatic renewal, damage waiver, cancellation charge, arbitration requirement, or other term inconsistent with the Contract Documents.

1.6 Discrepancies and clarification. Contractor shall promptly notify the City in writing of any error, omission, discrepancy, or ambiguity affecting performance and obtain written clarification before proceeding with the affected work. Contractor shall not resolve an ambiguity through an unauthorized substitution, reduction in required performance, additional charge, or application of its customary rental terms. A clarification shall not authorize a change requiring a formal amendment or other City approval.

1.7 Defined terms. For purposes of this Agreement:

(a) “Equipment” means the rental items, accessories, components, and related materials authorized under an event work order.

(b) “Services” means the labor, supervision, transportation, delivery, unloading, installation, setup, testing, coordination, teardown, loading, pickup, removal, cleanup, and related obligations required by the Contract Documents.

(c) “Event work order” means a written work order, purchase order, or other written authorization issued by an authorized City representative identifying an event assignment and its approved scope, schedule, pricing, and maximum compensation.

(d) “Contractor” means the contracting entity identified in this Agreement. Contractor remains responsible for persons employed or utilized by it in performance, including approved subcontractors.

(e) “Days” means calendar days unless expressly identified as business days or working days.

2. TERM AND RENEWAL

2.1 Effective Date and initial term. This Agreement becomes effective on the date of the last signature by the parties’ authorized representatives (“Effective Date”). Unless sooner terminated in accordance with this Agreement, the initial term shall continue for three years from the Effective Date.

Execution of this Agreement does not itself authorize Contractor to furnish equipment, perform services, or incur expenses chargeable to the City. Contractor shall not commence an assignment until the City has issued an authorized event work order and Contractor has satisfied the applicable insurance, licensing, permitting, and other prerequisites to performance.

2.2 Renewal options. Consistent with ITB Section 2.32.E, the City shall have the option to renew this Agreement for two additional terms of one year each. Each renewal is subject to satisfactory Contractor performance, the continuing need for the equipment and services, legally available and appropriated funds, and all required City approvals.

The City may exercise a renewal option by providing written notice to Contractor before expiration of the then-current term. The notice shall identify the commencement and expiration dates of the renewal term and shall be issued by the City representative authorized to exercise the option after obtaining any required approvals. Contractor agrees to honor a renewal properly exercised under this Section on the terms of this Agreement.

The City is not obligated to exercise either renewal option. Failure to exercise an option does not constitute a breach or entitle Contractor to compensation.

2.3 Terms and pricing during renewal. All terms, conditions, maximum awarded unit prices, accepted fees, and pricing limitations shall remain unchanged during each renewal term unless modified by a formal written amendment approved and executed in accordance with City requirements and applicable procurement law.

Contractor shall not condition a renewal on acceptance of its then-current rental terms, revised quotation, increased rates, additional fees, or other modifications. No adjustment based on the Consumer Price Index, inflation, fuel costs, labor costs, supplier charges, market conditions, or another escalation formula applies unless expressly authorized by the Contract Documents or a duly approved amendment. The City may continue to accept lower rates, discounts, and bundled pricing as provided in this Agreement.

2.4 No automatic renewal or implied extension. This Agreement shall expire at the end of the initial term or a properly exercised renewal term unless otherwise extended through a written amendment approved and executed before expiration in accordance with City requirements and applicable procurement law.

Continued discussions, Contractor’s continued availability, submission or payment of an invoice, an unexercised renewal option, or performance without proper written authorization shall not renew or extend this Agreement. No Contractor form, purchase order acknowledgment, invoice, or electronic communication may create an automatic renewal or extension.

2.5 Event work orders outstanding at expiration. An event work order properly issued before expiration may survive expiration solely to complete the specific event assignment expressly authorized in that order, including its stated rental period, equipment removal, site restoration, invoicing, and closeout. The event work order shall identify the applicable performance dates and completion deadline.

Such survival shall not renew this Agreement, authorize additional events, extend an equipment rental beyond the authorized period, increase compensation, or expand the awarded scope. All applicable provisions of this Agreement shall continue to govern the outstanding assignment until completion or earlier termination. The City retains its rights to cancel, suspend, reduce, or terminate the assignment in accordance with this Agreement.

2.6 Effect of expiration or termination. Upon expiration or termination, Contractor shall cease accepting new assignments under this Agreement and shall complete or discontinue outstanding assignments as directed by the City under the applicable Contract Documents. Contractor shall safely remove its equipment, restore affected property, deliver required records, and perform applicable closeout obligations within the authorized schedule.

Expiration or termination does not relieve either party of an obligation that accrued before its effective date or extinguish a provision that expressly survives or, by its nature, is intended to survive. Contractor shall not be entitled to an accelerated balance, payment for unperformed services, anticipated profits, or compensation based on the City’s decision not to renew.

2.7 Funding and purchase commitments. The initial term and renewal options establish the period during which the City may authorize purchases; they do not constitute a commitment to purchase equipment or services during any fiscal year. All assignments remain subject to authorized funding, applicable spending limits, and the City’s termination and nonappropriation rights under this Agreement.

3. NONEXCLUSIVE SERVICES AND PURCHASE AUTHORIZATION

3.1 Nonexclusive agreement and no guaranteed purchases. This Agreement establishes a nonexclusive arrangement for the rental of equipment and performance of related services on an as-needed basis. Quantities stated in the ITB or Contractor’s accepted bid are estimates used for evaluation and tabulation only. They do not constitute a minimum purchase requirement or guarantee of assignments, rental hours, expenditures, revenue, or profit.

The City may order greater or lesser quantities than estimated, order no equipment or services, use its own personnel and equipment, or obtain equipment and services from other sources, subject to applicable procurement requirements. Contractor shall not be entitled to a retainer, availability charge, minimum expenditure, lost profits, or other compensation because estimated or anticipated purchases do not occur.

3.2 Multiple vendors and assignment of work. The City may award agreements to multiple vendors as contemplated by the ITB. Contractor’s award is limited to the categories or line items accepted by the City and identified in Exhibit A.

The City may distribute event assignments among awarded vendors in accordance with the ITB, the applicable award, City procurement requirements, and operational needs. Contractor is not guaranteed an exclusive category, geographic area, event, percentage of purchases, or order of assignment. Nothing in this Agreement establishes a vendor rotation, ranking, or allocation method that is not provided in the solicitation or the City’s award.

3.3 Written authorization required. Contractor shall furnish equipment and perform services only pursuant to an event work order issued by an authorized City representative. The authorization may take the form of a work order, purchase order, or other written authorization permitted by City procedures and shall contain, directly or through incorporated attachments:

(a) The event name, location, and responsible City department;

(b) The awarded equipment and services, including applicable line-item numbers, descriptions, quantities, and approved configurations;

(c) The awarded billing units, authorized rental period, and applicable commencement and ending times;

(d) Delivery, installation, setup, testing, event operation, teardown, pickup, and site-restoration schedules, as applicable;

(e) Applicable awarded rates, approved discounts or bundled pricing, and separately authorized fees;

(f) The maximum authorized compensation;

(g) Designated City and Contractor contacts, including an emergency contact; and

(h) Event-specific site, access, utility, permitting, safety, and coordination requirements necessary for the assignment.

The City may use its standard work order, purchase order, event authorization, or other City-approved form, with incorporated attachments as necessary, if it contains the applicable information required by this Section and Exhibit B. No particular layout or form is mandatory.

Contractor’s acceptance of an assignment constitutes agreement to perform it under the Contract Documents.

3.4 Requests and confirmation of availability. The City may request equipment availability, quotations, proposed layouts, or scheduling information before issuing an event work order. Such requests, preliminary discussions, event calendars, site visits, and estimates do not authorize performance, reserve equipment at the City’s expense, or create a purchase obligation.

Contractor shall promptly review each requested assignment and confirm in writing its ability to provide the required equipment, personnel, and services within the requested schedule. Contractor shall promptly disclose any shortage, scheduling conflict, site requirement, or other condition affecting its ability to perform. Contractor shall not accept an assignment that it cannot reasonably fulfill and shall not substitute equipment or subcontract performance without the approvals required by this Agreement.

3.5 Lead time and required service days. The City will endeavor to provide at least seven calendar days’ notice before the desired starting date for an assignment and longer notice when practicable. This anticipated lead time is not a guaranteed minimum notice period.

Services may be required on weekdays, weekends, holidays, and outside normal business hours.

Contractor shall promptly advise the City whether it can fulfill a request made on shorter notice.

Once Contractor accepts an authorized assignment, it shall meet the applicable schedule.

A shorter lead time or a weekend, holiday, or after-hours assignment does not independently authorize an additional charge. Any applicable charge must have been clearly disclosed in Contractor’s bid, accepted in the City’s award, and expressly authorized in the event work order.

3.6 City administration and limits of authority. The City Manager or designee shall administer this Agreement within the authority granted by applicable City requirements and the award. The City may designate a contract administrator and event representatives to coordinate assignments, communicate operational requirements, inspect equipment and services, verify quantities, and review invoices.

Such designation does not authorize a representative to increase maximum awarded rates, exceed approved spending limits, waive material requirements, materially expand the awarded scope, or amend this Agreement. Contractor shall obtain the written approvals required by this Agreement before implementing a change affecting scope, schedule, or compensation.

Directions from event participants, volunteers, other vendors, or persons lacking City authorization do not bind the City.

3.7 Unauthorized performance and spending limits. Contractor shall verify that it has received the required written authorization before incurring costs chargeable to the City. Contractor shall monitor each assignment against its authorized scope, rental period, and maximum compensation and promptly notify the City before an authorized limit will be reached.

Contractor shall not exceed an authorized limit or continue a rental beyond its approved period without the required written approval. Performance undertaken without proper authorization is at Contractor’s risk and does not create an obligation for the City to approve or pay the resulting charge.

3.8 Order changes and cancellations. Changes to an authorized assignment, including additions, reductions, postponements, relocations, cancellations, and suspensions, shall be governed by Section 9. An event work order shall not contain terms that modify the City’s rights under that Section or impose Contractor’s separate cancellation, reservation, or rental conditions.

4. EQUIPMENT AND SERVICES

4.1 Scope of services. Contractor shall furnish the equipment and perform the related services described in the ITB and authorized by the City within the categories or line items awarded to Contractor. Services shall include all labor, supervision, transportation, delivery, unloading, installation, setup, testing, coordination, teardown, loading, pickup, removal, cleanup, and related activities necessary to complete each authorized assignment.

Contractor shall furnish sufficient qualified personnel, tools, materials, accessories, and equipment to perform completely, safely, and within the City’s required schedule. An omission from an event work order does not relieve Contractor of an incidental obligation expressly required by the Contract Documents or reasonably necessary to make the specifically ordered equipment complete and operational. This provision does not authorize an expansion of the awarded scope or an undisclosed charge.

4.2 Equipment requirements. Subject to the specific categories and line items awarded to Contractor and identified in Exhibit A, equipment shall include the following:

(a) Tents and canopies: Frame tents ranging from 10 feet by 10 feet through 40 feet by 80 feet, with or without sidewalls, together with required flags, accessories, and covered 55-gallon water drums.

(b) Lighting: String lighting; decorative tent lighting, including chandeliers, LED fan lights, globe bulb lights, uplights, and light columns; specialty event lighting; and LED dome lights.

(c) Flooring and carpeting: Wood, plastic, turf, and Terraplas flooring systems; tent carpeting;

and flooring accessories and transition materials.

(d) Tables: Rectangular, round, and cocktail tables in the dimensions and configurations specified in the Contract Documents.

(e) Linens: Linens properly sized for the ordered rectangular, round, and cocktail tables.

(f) Chairs: Folding, stacking, padded, and Chiavari chairs in the materials and configurations specified in the Contract Documents.

(g) Cooling and heating equipment: Five-ton portable air-conditioning units, hanging fans, standing fans, and portable propane mushroom heaters.

(h) Additional event equipment: Portable bars; pipe-and-drape systems; red carpet; portable risers and stages; decorative fencing and tent enclosure panels; white picket fencing; hedge walls;

and picnic tables.

(i) Cooking and warming equipment: Single-deck and double-deck ovens, four-burner stoves, and food-warming cabinets meeting the specified dimensions, capacities, and model requirements or approved equivalencies.

The specific dimensions, materials, capacities, quantities, configurations, and accessories shall conform to the ITB, as clarified by City-issued addenda, the accepted award, and the applicable event work order. Equipment appearing in the ITB but not awarded to Contractor is not authorized for purchase under this Agreement solely because it is listed in this Section.

4.3 Equipment condition and quality. All equipment shall be:

(a) Clean, presentable, and suitable for the event and public use;

(b) Safe, fully operational, and properly maintained;

(c) Structurally sound, stable, and appropriate for its intended use;

(d) Free from damage, excessive wear, stains, cracks, rips, tears, and other defects; and

(e) Supplied with all accessories, components, and supplies required by the Contract Documents for proper installation and operation.

Tents and canopies shall be free from stains, rips, tears, and worn areas and shall include required flags and accessories. Tables and chairs shall be clean, stable, and free from structural defects.

Previously used rental equipment is permitted if it satisfies these requirements. For rental equipment, these specific condition standards control over the general reference to new equipment in ITB Section 2.26.

4.4 Complete and compatible equipment. Contractor shall ensure that equipment components are compatible with each other and with the authorized event configuration. Contractor shall furnish the supports, connectors, anchoring or ballast, protective devices, transitions, and other components necessary for the safe and complete installation of the ordered equipment.

Contractor shall disclose electrical, water, fuel, ventilation, space, loading, access, and other operating requirements before accepting the assignment. Contractor shall not assume that the City will furnish an accessory, utility, supply, operator, or service unless that responsibility is expressly assigned to the City in the event work order.

Pricing and any separately billable items remain subject to Section 7. This Section does not permit duplicate recovery of costs included in an awarded rate.

4.5 Inspection before delivery and use. Contractor shall inspect all equipment before delivery and again after installation and setup to verify compliance with the Contract Documents.

Contractor shall test operating equipment, verify stability and secure installation, and correct deficiencies before presenting the equipment for City inspection.

Contractor shall not deliver or install equipment it knows or reasonably should know is defective, unsafe, incomplete, or unsuitable for the authorized use. Contractor shall not permit equipment to be placed into service before required testing, inspections, and approvals are completed.

4.6 Rejection and replacement. The City may reject equipment that is damaged, defective, unsafe, nonfunctional, unclean, incomplete, or otherwise fails to satisfy the Contract Documents.

Contractor shall promptly remove and replace rejected equipment at no additional cost to the City and before the event begins.

If a deficiency or failure arises during the authorized rental period, Contractor shall promptly notify the City, take necessary protective measures, and repair or replace the affected equipment in time to preserve safe event operations. Corrective work shall comply with Section 6 and shall not excuse a missed event deadline.

City inspection, acknowledgment of delivery, use, or payment does not relieve Contractor of responsibility for equipment condition, installation, maintenance, or correction of defects.

4.7 Substitutions and equivalents. Contractor shall not substitute a different size, material, configuration, capacity, model, or type of equipment without the City’s prior written approval.

Where the ITB permits a similar or equivalent product, Contractor shall provide sufficient information for the City to determine whether the proposed item satisfies the specified requirements.

An approved substitute shall meet or exceed the applicable requirements, remain compatible with the event layout and other equipment, and be furnished without an increase in the authorized price.

Approval shall not authorize a material expansion of the awarded scope or relieve Contractor of its performance obligations. An unavailable awarded item does not entitle Contractor to impose a substitution on the City.

4.8 Installation and operational responsibility. Contractor shall perform installation, setup, connections, testing, teardown, and removal using qualified personnel and methods appropriate to the equipment and site. Contractor remains responsible for compliance with manufacturer instructions, applicable permits and codes, loading restrictions, anchoring requirements, and safety standards.

Contractor shall provide the City’s designated representative with instructions reasonably necessary for authorized operation, including applicable capacity limits, prohibited uses, weather limitations, shutdown procedures, and emergency contacts. Contractor shall identify equipment requiring operation or supervision by specially trained or licensed personnel.

The City’s review of a layout, installation, or proposed method does not transfer Contractor’s technical responsibilities to the City.

4.9 Coordination and event support. Contractor shall coordinate delivery, setup, testing, teardown, and pickup with designated City staff and other authorized event vendors. Contractor shall avoid interference with City operations, public access, emergency routes, and other event activities.

Contractor shall designate a supervisor responsible for each assignment and provide a working emergency telephone number. The designated contact shall be reachable during delivery, setup, event operation, teardown, and removal and shall have authority to arrange corrective action and replacement equipment.

Continuous on-site staffing or an equipment operator shall be furnished when required by applicable law, manufacturer requirements, safe operation, or the authorized event work order.

Any separately payable staffing charge must be within the awarded scope and expressly authorized.

4.10 Maintenance throughout the rental period. Contractor shall maintain the equipment in the condition required by this Agreement throughout the authorized rental period. Contractor shall perform maintenance and corrective work attributable to its equipment or performance without additional charge and coordinate such work to minimize disruption.

Contractor shall not remove, disable, or materially alter equipment during an event without City approval, except when immediate action is necessary to prevent imminent injury or property damage. In that circumstance, Contractor shall promptly notify the City and coordinate safe restoration or replacement.

4.11 No unauthorized additional equipment or services. Contractor shall not deliver additional billable equipment, extend a rental period, provide separately billable services, or incur other charges without the written authorization required by this Agreement. Equipment or services furnished for Contractor’s convenience, or to correct Contractor’s error, omission, defective equipment, or deficient performance, shall not result in additional compensation.

5. DELIVERY, SETUP, AND REMOVAL

5.1 Required schedule and timely performance. Time is of the essence for each authorized event assignment. Contractor shall comply with the delivery, installation, setup, testing, teardown, pickup, and site-restoration deadlines established in the event work order.

Contractor shall furnish sufficient personnel, vehicles, equipment, and supervision to complete setup and testing by the required completion time and before the event begins. Delivery of equipment to the site does not constitute completion of installation or readiness for use. Contractor shall account for unloading, site access, assembly, utility connections, required inspections, testing, and correction of deficiencies when planning its work.

Contractor shall not assume that an event’s opening time may be delayed to accommodate its performance.

5.2 Advance coordination and site review. Before mobilization, Contractor shall coordinate with the City’s designated event representative regarding:

(a) Delivery and pickup routes, access points, vehicle restrictions, parking, and staging areas;

(b) Authorized delivery, installation, teardown, and removal windows;

(c) Equipment placement and the approved event layout;

(d) Site conditions affecting installation, stability, loading, anchoring, drainage, accessibility, or safe operation;

(e) Available and approved utility connections;

(f) Required permits, inspections, and approvals; and

(g) Coordination with other vendors, facility personnel, and City operations.

Contractor shall review available site information and conduct any site inspection reasonably necessary to perform the assignment. Contractor shall promptly report a condition that may prevent safe or timely performance and obtain written direction before proceeding with affected work.

Failure to identify a reasonably observable condition does not independently entitle Contractor to additional compensation or an extension.

5.3 Delivery and unloading. Contractor shall transport, deliver, and unload equipment at the locations and within the times authorized by the City. Contractor is responsible for the vehicles, personnel, lifting devices, handling equipment, and protective measures necessary for delivery and unloading.

Contractor shall protect pavement, landscaping, irrigation systems, structures, utilities, and other property from damage caused by its vehicles and operations. Contractor shall not drive or place equipment in a restricted area without City authorization. Equipment shall not be left unattended in a manner that creates a hazard, obstructs access, or interferes with other event preparations.

Early delivery requires City approval and does not authorize an earlier commencement of billable rental time.

5.4 Equipment inventory and condition records. At delivery, Contractor shall provide an itemized inventory identifying the equipment furnished, quantities, and any preexisting damage or condition requiring documentation. The inventory shall correspond to the authorized event work order and identify any discrepancy.

The City may verify quantities and record visible conditions. A City employee’s signature on an inventory or delivery ticket acknowledges receipt only, subject to inspection, testing, and verification. It does not establish that equipment is free from defects, constitute final acceptance, or incorporate Contractor’s additional terms.

Contractor shall promptly resolve shortages, incorrect deliveries, and other discrepancies at no additional cost to the City and within the required event schedule.

5.5 Installation and setup. Contractor shall fully assemble, install, position, secure, and test equipment in accordance with the Contract Documents, manufacturer instructions, applicable permits, and governing safety requirements.

Contractor shall:

(a) Place equipment in the locations approved by the City;

(b) Provide required anchoring, ballast, supports, connectors, and stabilizing components;

(c) Observe equipment capacities, loading limits, separation requirements, and operating clearances;

(d) Protect and secure cords, hoses, cables, and other potential trip hazards;

(e) Maintain required accessible routes, emergency access, fire lanes, exits, and means of egress;

and

(f) Obtain required installation inspections and approvals before equipment is placed into use.

Contractor shall not change the approved layout where the change affects safety, accessibility, permitting, event operations, or other vendors without prior City approval. City approval does not relieve Contractor of responsibility for safe and compliant installation.

5.6 Ground penetration and attachment to property. Contractor shall not stake, drill, excavate, fasten equipment to a structure, penetrate pavement, or otherwise disturb City or third-party property without prior City authorization and any required owner approval.

Before authorized ground penetration, Contractor shall comply with applicable utility-location and damage-prevention requirements and verify that its proposed installation method is appropriate for the site. City approval of an equipment location does not constitute a representation that underground facilities are absent.

Where ground penetration is prohibited or unsuitable, Contractor shall provide a compliant alternative anchoring or ballast method appropriate to the equipment and conditions. Any proposed additional charge remains subject to the awarded pricing and written authorization requirements of this Agreement.

5.7 Utility connections and operating requirements. Contractor shall identify equipment utility and operating requirements before accepting an assignment and shall use only connections and sources authorized by the City.

The event work order shall identify any City responsibility for furnishing electrical power, water, fuel, or other operating resources. Contractor shall remain responsible for equipment-side components and connections within its authorized scope and shall use appropriately qualified or licensed personnel where required.

Contractor shall not overload a circuit, make an unauthorized connection, interfere with an existing system, or use an unsafe connection. Contractor shall promptly notify the City of an inadequate or unavailable utility source and shall not place affected equipment into service until a safe, authorized arrangement is established.

5.8 Readiness and turnover for event use. Upon completion of installation and testing, Contractor shall notify the City’s event representative that the equipment is ready for inspection.

Contractor shall identify any operating restrictions and provide necessary instructions, safety information, and emergency contacts.

Equipment shall not be represented as ready while required components, testing, inspections, or approvals remain outstanding. Contractor shall promptly correct deficiencies identified before the event and replace unacceptable equipment as required by Sections 4 and 6.

City inspection or permission to begin event operations does not relieve Contractor of its continuing obligations.

5.9 Notice of anticipated delay. Contractor shall immediately notify the City upon learning of a circumstance that may affect a delivery, setup, or removal deadline. The notice shall identify the affected equipment or services, the reason for the anticipated delay, its expected duration, and the corrective measures being taken.

Notice does not excuse the delay, extend a deadline, authorize a substitution, or increase compensation. Contractor shall diligently mitigate the delay and comply with the City’s lawful directions. The City may exercise its rights to obtain substitute equipment or services, cancel affected items, or pursue other remedies under this Agreement.

5.10 Teardown and removal. Contractor shall coordinate teardown and removal with the City’s event representative and shall not begin before the authorized time or interfere with an event still in progress. Except when immediate action is necessary to prevent imminent injury or property damage, equipment shall remain installed and available throughout its authorized use period.

Contractor shall furnish sufficient personnel and handling equipment to dismantle, load, and remove all equipment and related materials within the authorized removal window. Contractor shall perform removal safely and coordinate with other vendors and facility operations.

Contractor shall provide a pickup inventory documenting quantities and any claimed missing or damaged items. A City acknowledgment of pickup does not admit responsibility for loss or damage or establish the amount of a claim. Any such claim remains subject to Section 10.11.

5.11 Cleanup and site restoration. Contractor shall remove work-related trash and debris daily and, upon completion, remove its equipment, ballast, packaging, temporary protective materials, tape, fasteners, and other materials associated with its work.

Contractor shall leave affected areas clean, safe, and restored to their condition before Contractor’s operations, ordinary wear excepted. Damage attributable to Contractor or persons for whom it is responsible shall be corrected in accordance with Section 10.9. Contractor shall not dispose of wastewater, fuel, chemicals, or other materials on the site or in a drainage system except as expressly permitted by law and authorized by the City.

5.12 Rental period and delayed pickup. Billable rental time shall be determined by the awarded billing basis and the period expressly authorized in the event work order. Contractor’s early delivery, delayed installation, corrective work, or delayed pickup does not independently increase that period.

If Contractor fails to remove equipment by the required deadline, no additional rental or storage charge shall accrue against the City because of that failure. Contractor remains responsible for arranging prompt, safe removal and for resulting costs or damage attributable to its delay. If the delay obstructs City operations or creates a safety concern, the City may take reasonable protective or relocation measures after notice when practicable and recover reasonable costs attributable to Contractor’s breach, as permitted by law.

Any City-requested extension of equipment use requires written authorization and remains subject to the awarded rates, applicable spending limits, and other requirements of this Agreement.

6. INSPECTION, ACCEPTANCE, AND CORRECTIVE WORK

6.1 Contractor’s quality-control responsibility. Contractor is responsible for verifying that all equipment and services conform to the Contract Documents before presenting them for City inspection. Contractor shall inspect equipment before delivery and after installation, test operating equipment, verify quantities and configurations, and correct deficiencies within the required schedule.

The City’s inspection rights supplement and do not replace Contractor’s inspection, maintenance, supervision, and quality-control obligations.

6.2 City inspection rights. The City may inspect equipment and services upon delivery, during installation and setup, before and during an event, and during teardown and removal. Inspection may include verification of:

(a) Equipment descriptions, dimensions, materials, capacities, configurations, and quantities;

(b) Cleanliness, appearance, condition, structural integrity, stability, and operation;

(c) Accessories, components, connections, anchoring, ballast, and protective measures;

(d) Compliance with the authorized layout, applicable permits, manufacturer requirements, and safety standards;

(e) Completion of delivery, setup, testing, and other required services; and

(f) Compliance with authorized rental periods and removal and restoration requirements.

Contractor shall provide reasonable access and assistance for inspection without interfering with safe operations. City personnel are not required to dismantle equipment, perform technical testing assigned to Contractor, or identify concealed or latent defects.

6.3 Rejection of nonconforming equipment or services. The City may reject equipment or services that do not satisfy the Contract Documents, including equipment that is damaged, defective, unsafe, nonfunctional, unstable, unclean, incomplete, excessively worn, incorrectly configured, or otherwise unsuitable for the authorized use.

The City may reject an affected item, component, installation, or portion of an assignment without rejecting conforming portions that can be safely and effectively used independently. Contractor shall not place rejected equipment into service or return it to service without correcting the deficiency and obtaining City approval.

The City shall identify the deficiency with reasonable specificity. An immediate direction to stop use or correct an unsafe condition may be given orally by the City’s designated representative and confirmed in writing as soon as practicable.

6.4 Correction and replacement before an event. Contractor shall promptly correct deficient services and remove and replace rejected equipment at no additional cost to the City. Correction or replacement shall be completed sufficiently before the event begins to allow installation, testing, required inspections, and verification of readiness.

The City may establish a reasonable corrective deadline based on the event schedule, the nature of the deficiency, and public safety. Contractor shall furnish the personnel, transportation, materials, and other resources necessary to meet that deadline.

Repair is acceptable only if it fully restores compliance within the required time and does not compromise safety, appearance, reliability, or the authorized event use. Replacement equipment remains subject to the substitution and approval requirements of Section 4.7.

6.5 Failures during an event. Upon discovery or notice of equipment failure, unsafe conditions, or deficient performance during an event, Contractor shall immediately acknowledge the issue, coordinate with the City’s event representative, and take necessary protective measures.

Contractor shall promptly provide qualified personnel and complete repair, replacement, or other corrective work within the time reasonably required by the circumstances and established by the City. Contractor shall minimize disruption and shall not continue an unsafe operation while awaiting replacement equipment or further direction.

If immediate repair or replacement is impracticable, Contractor shall promptly advise the City and assist with a safe alternative acceptable to the City. An alternative does not authorize additional compensation or waive the City’s remedies.

6.6 Immediate protective and substitute-performance measures. If a deficiency threatens public safety, prevents timely event readiness, materially interferes with event operations, or is not corrected within the applicable deadline, the City may take reasonable measures necessary to protect persons and property and preserve the event, including:

(a) Directing that affected equipment not be used or that affected work cease;

(b) Rejecting or canceling the affected equipment or services;

(c) Obtaining substitute equipment or services from another source;

(d) Performing or arranging necessary protective or corrective work; and

(e) Requiring removal of defective or unsafe equipment.

The City shall provide notice and an opportunity for Contractor to respond when practicable. The City is not required to delay protective action or substitute performance where doing so would jeopardize safety, cause an event deadline to be missed, or defeat the purpose of the assignment.

These operational remedies are separate from termination of the Agreement. A contractual cure period does not require the City to accept unsafe equipment, wait until after an event for correction, or forgo reasonable mitigation.

6.7 Responsibility for corrective costs. Contractor shall bear the costs of correcting its nonconforming equipment or services, including required transportation, removal, replacement, reinstallation, retesting, and cleanup.

The City may recover reasonable, documented additional costs caused by Contractor’s breach, including the incremental cost of substitute equipment or services above the amount otherwise payable for the affected performance and necessary protective or corrective measures. Any withholding, deduction, or offset shall comply with applicable law and the payment provisions of this Agreement.

The City shall account for applicable unpaid charges, credits, and recoveries so that it does not obtain duplicate recovery for the same loss.

6.8 Verification and acceptance. Equipment shall be considered ready for authorized use only after required delivery, installation, setup, testing, and approvals have been completed and identified deficiencies affecting readiness have been corrected.

The City’s acknowledgment that equipment is ready for use permits event use subject to Contractor’s continuing obligations. It does not constitute final acceptance of the assignment, approval of an unauthorized substitution, or waiver of a defect, deficiency, warranty, or other requirement, whether or not observable at inspection.

Completion of an event does not establish that teardown, removal, restoration, records delivery, or other closeout obligations have been satisfied. The City may require correction of deficiencies in those obligations before confirming completion of the assignment.

6.9 Payment adjustments for deficient performance. The City shall pay only for authorized equipment and services furnished in accordance with the Contract Documents, subject to applicable law.

Contractor shall not charge for:

(a) Equipment rejected and not replaced with compliant equipment within the required time;

(b) Equipment or services not furnished;

(c) Unauthorized substitutions or additional items;

(d) Corrective work required because of Contractor’s deficient performance; or

(e) Rental periods during which equipment is unavailable or unusable because of a condition attributable to Contractor or persons for whom it is responsible.

For an item that is usable for only part of its authorized rental period, the adjustment shall reflect the awarded billing basis, the affected period, and the extent to which the authorized use was provided. If a missed delivery or setup deadline renders an item or service unusable for its intended event purpose, the City may reject the affected performance rather than accept a prorated charge.

Contractor shall promptly reflect agreed adjustments on its invoice or issue an appropriate credit.

Disputed adjustments shall be handled under the Agreement’s payment-dispute procedures, and undisputed amounts shall be paid as required by law.

6.10 No waiver or transfer of responsibility. Inspection, failure to inspect, acknowledgment of delivery, permission to begin event operations, use of equipment, approval of an invoice, or payment does not relieve Contractor of responsibility for compliance, latent defects, warranties, correction of deficiencies, or damages arising from its breach.

The City’s exercise of inspection or corrective rights does not make the City responsible for Contractor’s means, methods, equipment, installation, or safety practices. Acceptance of one assignment does not establish approval of the same equipment or methods for a subsequent assignment.

6.11 Continuing remedies. The rights provided in this Section are in addition to the City’s rights concerning cancellation, suspension, warranties, default, termination, indemnification, and other remedies under the Contract Documents and applicable law. Their exercise remains subject to applicable legal limitations and the prohibition against duplicate recovery.

7. COMPENSATION AND PRICING CONTROLS

7.1 Basis of compensation. The City shall compensate Contractor for authorized equipment and services actually furnished in accordance with the Contract Documents. Compensation shall be calculated using the actual authorized quantities and applicable rental periods, multiplied by the accepted rates identified in Exhibit A, together with separately authorized awarded fees, less applicable discounts, credits, and adjustments.

Estimated quantities and extended totals appearing in the ITB, Contractor’s bid, or Exhibit A are for evaluation and administrative purposes and do not establish guaranteed compensation, a minimum purchase obligation, or an entitlement to payment for equipment or services not ordered and furnished.

7.2 Maximum awarded rates. Consistent with ITB Section 2.7, the unit prices and separately identified service charges accepted in the City’s award and incorporated into Exhibit A are maximum, not-to-exceed rates. They are not minimum charges and do not prevent Contractor from offering, or the City from accepting, lower prices.

Contractor shall not charge more than the applicable awarded maximum rate or…