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24I280 - Brudvik, Inc.
1 ~ BRUDI NC-01 CMAYC ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/OD/YYYY) ~ 3/19/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFI CATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE I SSU ING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of s uch endorsementlsi. PRODUCER License# 0757776 S2t!~cT Christy Mayo HUB International Insurance Services Inc. RECEIVED rtg,N:o Extl: (760) 360-4700 4249 I r~ NoJ:(760) 200-0790 75030 Gerald Ford Drive Suite 201 ~~DAJ~ ..... c hristv.mayo@hubinternational .com Palm Desert, CA 92211 MAR 2 4 202~ INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A : GuideOne National I nsurance Comoanv 14167 INSURED City Hall INS URER B : Palomar Excess and Surplus Insurance Company 20907 Brudvlk Inc. Rental Division Reception Desk INSURER c: ICW Grouo 27847 OBA: B .I.R.D. 600 Eugene Road INSURERD : Palm Springs, CA 92264 INSURER E : INSURER F : COVERAGES CERTI FICATE NUMBER· REVI SION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BE LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SH OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ TYPE OF INSURANCE ~9fJ I~ POLICY NUMB ER ,!,OLICYEFF PDLICYEXP LIMITS ... A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 ~ ~ CLAIMS-MADE []] OCCUR X X 70K101617 3/24/2025 3/24/2026 DAMAGE TO RE NTED $ 100,000 r'.JC>CI.JICC~ JC .. t-- MED EXP IA;tv one ""rsonl $ 5,000 ,-- 1,000,000 PERSONAL & ADV INJURY $ -2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ - POLI CY 0 ~f& □ LOC PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER: s A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1 ,000,000 ij,,. &;;...,,-;.~., -X ANY AUTO X X 70K10161 7 3/24/2025 3/24/2026 BO DILY IN JURY /Per oer11onl s OWNED ~ SCHEDULED BOOIL y INJURY /Per acddentl s -AUTOS ONLY t--AUTOS HIRED X ~Bf~t~ iP1;t:OPE~TY,t~•AMAGE s AUTOS ONLY er accident ~ - s B UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 5,000,000 ,-- X EXCESS UAB CLAIMS-MADE PES-XS-014664 3/24 /2025 3/24/2026 AGGREGATE s 5,000,000 OED I X I RETENTION $ 10,000 s C WORKERS COMPENSATION X I ~!¥~TIITI= I I 2JH· AND EMP LOYERS' LIABILITY -Y I N X WSD508321300 3/24/2025 3/24/2026 1 ,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N /A 1 ,000,000 (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE s g~;~~rm~ ~~~PERATIONS below E.L. DISEASE· POLICY LIMIT $ 1,000,000 A Rented EQulpmenl 70K101617 3/24/2025 3/24/2026 Deductible: $1,000 50,000 I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHIC LES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) All Operations The City of Palm Springs, its Officials, Employees and Agents are included as additional insured for any and all work performed with the City , This insurance shall be primary and non contributory for any and all work performed with the City. Blanket Waiver of Subrogation is included and attac hed . Should any of the above policies be cancelled before the expiration date, 30 days notice shall be provided, 10 days for non payment of premium . CERTIFICATE H OLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs, Its officers, agent s & Employees TH E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 Tahquitz Palm Springs, CA 92262 AUTHORIZ ED REPRESENTATIVE I ~u_ ACORD 25 (2016/03) © 1 988-201 5 A CORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 POLICY NUMB ER: 70K101617 00 00 CA COMMERCIAL GENERAL LIABILITY CG 20 10 1219 (Blkt) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by written contract and effective Primary In surance appli es: It is agreed that such during the poli cy period as stated on the policy insura nce as is afforded by this polic y for the declarations . benefit of the additional insured shown shall be primary insu rance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any c laim , loss or liability all eged ly arising out of the operations of the named insured or its subcontractors , provided however that this insurance will not apply to any c laim loss or liability which is determined to be solely the result of the additional insured's neg ligence or solely th e additional insured's responsibility. Information required to comp lete th is Schedule, if not shown above, will be shown in the Decla rations. A . Section II -Who Is An Insured is amended t o i nclude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performan ce of your ongoing operations for the ad d itional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional in su red is required by a contract or agreement, the insurance afforded to such additional insured will not be broader t han th at which you are required by the contract or agreement to provide for such additional insured. 8. With respect to th e insurance afforded to these addi ti onal insureds, th e following addition al exclusions apply: T his insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equ ipm ent furnished in conn ectio n with such work , on the project (other than service, maintenance or repai rs) to be performed by or on behalf of th e add it iona l insured(s) at t he location of the covered ope rati ons has been completed ; or CG 20 10 1219 (Blkt) © In surance Se rvi ces Office , In c., 20 18 Pag e 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to S ect ion 111 -Limits Of Ins urance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1 . Required by the contract or agreement; or 2. Available under the applicable limits of insurance ; whichever is less . This endorsement shall not increase the applicable limits of insura nce. Page 2 of 2 © Insurance Services Office , Inc., 2018 CG 20 10 12 19 (81kt) POLICY NUMBER: 70K101012 02 00 CA COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 (81kt) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIAB ILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERA GE PART D ESIG NATED S ITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Blanket as required by written contract and effective during the poli cy period as stated on the policy declaration s. Information required to comolete this Schedule , if not shown above will be shown in the Declarations. T he following is added to Paragraph 8. Transf er Of Rights Of Re covery Again st Others To Us of Section IV -Conditions: We waive any rig ht of recovery against t he person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. T h is endorsement applies only to the person(s) or organization(s) shown in the Sch edule above. CG 24 0412 19 (81kt) © Insurance Services Office, Inc., 2018 Page 1 of 1 WORKERS COMPEN SATION AND EMPLOYERS LIABILITY INSURANCE POLI CY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOV ER FROM OTHERS ENDO RSEMEN T -BLANKET We have the right to recover o ur payments from anyone liable for an injury covered by this policy. We will not enforce o u r right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for th is endorsement shall be 2 % of the total California Wo rk ers' Compensation premium otherwise due . Person or Organization ANY PERSON/ ORG WHEN REQUIRED BY WRITTEN CONTRACT Schedule J ob D escription ALL CA OPERATIONS This en dorsement changes the policy to which it is attached and is effective on the date issued unl ess otherwise stated. (Th e information below is required on ly wh en this endorsement is issued subseq uent to prepa ration of the policy .) Endorsement Effective12/02/2024 Policy N o. WSD508321300 Insured Brudvik Inc and 8 .1.R .D. Ins urance Company INSURANCE COMPANY OF THE WEST End orsem e nt N o. Premium$ INCL. Countersigned By~~ WC 99 0634 (Ed. 8-00) INSURED CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) PORTABLE POWER AND LIGHTING EQUIPMENT RENTALS Brudvik, Inc. Briana Jordan, VP/CFO briana@brudvikinc.com Portable power and lighting equipment rental services at various special events for the Parks & Recreation department. $9,694.50 + $1,393.00 = $11,087.50 October 31, 2024 - October 31, 2025 Briana Jordan VP/CFO, briana@brudvikinc.com Larry "Bo" Ford Owner/President, bo@brudvikinc.com Parks & Recreation Nicholas S. Gonzalez, Director / x8277 NA 24I280 2 Yes Yes Yes Department N/A No 03/11/25 Janet Burns, Administrative Specialist Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 55575.18100\42913029.1 Page 1 of 7 (BB&K 2024) AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT 24I280 BETWEEN THE CITY PALM SPRINGS AND BRUDVIK, INC. 1. Parties and Date. This Amendment No. 2 to the Contract Services Agreement 24I280 is made and entered into as of this __________ day of ____________, 20___, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Brudvik, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. City and Contractor entered into an agreement titled “Contract Services Agreement 24I280” dated October 28, 2024. (“Agreement” ) for the purpose of retaining the services of Contractor to provide portable power and lighting equipment rental services at various special events for the Parks & Recreation Department in an amount not to exceed $6,397.50 and a term of one year, commencing October 28, 2024, to October 27, 2025. 2.2 First Amendment. City and Contractor entered into Amendment No. 1 to the Agreement, dated January 28, 2025, for the purpose of adding $3,297.00 for additional services needed for special events for a new not to exceed amount of $9,694.50. 2.3 Amendment Purpose. City and Contractor now desire to amend the Agreement to add $1,393.00 for additional services needed for a special event, and revise the Scope of Services as outlined in Exhibit A. 2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows: Section 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $11,087.50. Exhibit “A” is hereby deleted in its entirety and replaced with Revised Exhibit “A” attached hereto and incorporated herein by reference. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 March11 25 55575.18100\42913029.1 Page 2 of 7 (BB&K 2024) 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 55575.18100\42913029.1 Page 3 of 7 (BB&K 2024) SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT 24I280 BETWEEN THE CITY PALM SPRINGS AND BRUDVIK, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: ____________________________ By: ______________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $150,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 3/11/2025 3/11/2025 3/11/2025 3/11/2025 3/11/2025 55575.18100\42913029.1 Page 4 of 7 (BB&K 2024) REVISED EXHIBIT “A” Revised Exhibit “A” is to reflect additional events and compensation to the Agreement. Contractor will provide portable power and lighting equipment rental services for various special events with the Parks & Recreation department. 1. SCHEDULE OF EVENTS - REVISED WITH ADDITIONAL EVENTS The following is a schedule of events with dates, time limits, and locations for required services. EVENT DATE TIME LOCATION VillageFest Halloween Thursday, Oct. 31, 2024 0-8 HOURS Tahquitz & Palm Canyon Veterans Day Parade Monday, Nov. 11, 2024 0-8 HOURS TBD; Hyatt Hotel Festival of Lights Parade Saturday, Dec. 7, 2024 9-16 HOURS TBD; Downtown Palm Springs VillageFest Holiday Program Thursday, Dec. 12, 2024 0-8 HOURS Tahquitz & Palm Canyon Mayor’s Holiday Entertainment Friday – Sunday Dec. 13, 14, 15, 2024 24-32 HOURS Museum Way & Belardo Rd VillageFest Birthday Thursday, Mar. 13, 2025 0-8 HOURS Tahquitz & Palm Canyon World Art Day Saturday, Apr. 12, 2025 0-8 HOURS Downtown Park 2. FEES AND CHARGES- REVISED The following are the fees for service payment. Contractor will provide the following equipment/supplies as quoted on the rental agreements, and detailed below. EVENT: VILLAGEFEST HALLOWEEN - RENTAL AGREEMENT NO. 18677 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 45 kVA (generator) 1 $200 $200 100 ft. cord 4 $30/ea. $120 50 ft. cord 2 $25/ea. $50 Spider Box 4 $35/ea. $140 Cable Ramps 10 $15/ea. $150 Fuel 8 gallons $8/gallon $64 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 55575.18100\42913029.1 Page 5 of 7 (BB&K 2024) STANDARD CHARGES Delivery Charge 1 $100 Set-Up Labor 1 $150 Strike Labor 1 $150 Environmental Fee 1 $7 Pickup Charge 1 $125 Total $1,256 EVENT: VETERANS DAY PARADE – RENTAL AGREEMENT NO. 18666 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 25 kVA (generator) 1 $175 $175.00 50 ft. cord 2 $20/ea. $40.00 Spider Box 2 $35/ea. $70.00 Cable Ramps 5 $15/ea. $75.00 Fuel 10 gallons $8/gallon $80.00 STANDARD CHARGES Delivery Charge 1 $75.00 Environmental Fee 1 $7.00 Pickup Charge 1 $125.00 Total $647.00 EVENT: FESTIVAL OF LIGHTS PARADE – RENTAL AGREEMENT NO. 18667 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 25 kVA (generator) 1 $175 per 1.5 days $262.50 25 kVA (generator) 1 $175 $175.00 Light Tower 10 $100/ea. $1,000.00 50 ft. cord 6 $20/ea. $120.00 Spider Box 4 $35/ea. $140.00 Cable Ramps 6 $15/ea. $90.00 Fuel 60 gallons $8/gallon $480.00 STANDARD CHARGES Delivery Charge 1 $600.00 Setup Labor 1 $100.00 Strike Labor 1 $100.00 Environmental Fee 12 $7.00 $84.00 Pickup Charge 1 $600.00 Total $3,751.50 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 55575.18100\42913029.1 Page 6 of 7 (BB&K 2024) EVENT: VILLAGEFEST HOLIDAY PROGRAM – RENTAL AGREEMENT NO. 18733 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or 1PER HOUR FEES 25 kVA (generator) 1 $175 $175.00 100 ft. cord 1 $30/ea. $30.00 Fuel 9 gallons $8/gallon $72.00 STANDARD CHARGES Delivery Charge 1 $75.00 Environmental Fee 1 $7.00 Pickup Charge 1 $125.00 Total $484.00 EVENT: MAYOR’S HOLIDAY ENTERTAINMENT- RENTAL AGREEMENT NO. 18756 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or 1PER HOUR FEES 125 kVA (generator) 2 days $600/day $1,200.00 100 ft. cord 4 $60/ea. $240.00 Spider Box 4 $70/ea. $280.00 Cable Ramps 11 $30/ea. $330.00 Fuel 54 gallons $8/gallon $432.00 STANDARD CHARGES Delivery Charge 1 $75.00 Setup Labor 1 $75.00 Strike Labor 1 $75.00 Environmental Fee 1 $7.00 Pickup Charge 1 $75.00 Total $2,789.00 EVENT: VILLAGEFEST BIRTHDAY – RENTAL AGREEMENT NO. 18668 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 45 kVA (generator) 1 $200 $200 100 ft. cord 2 $30/ea. $60 Spider Box 2 $35/ea. $70 Fuel 10 gallons (estimate only) $8/gallon $80 STANDARD CHARGES Delivery Charge $75 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 55575.18100\42913029.1 Page 7 of 7 (BB&K 2024) Set-Up Labor $75 Strike Labor $75 Environmental Fee $7 Pickup Charge $125 Total $767 EVENT: WORLD ART DAY – AGREEMENT NO. 18682 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 25 kVA (generator) 2 $175/ea. $350 100 ft. cord 2 $30/ea. $60 Light Tower 2 $100/ea. $200 Spider Box 1 $35/ea. $35 Fuel 15 gallons (estimate only) $8/gallon $120 STANDARD CHARGES Delivery Charge $300 Environmental Fee $28 Pickup Charge $300 Total $1,393 GRAND TOTAL: PAST EVENTS TOTAL CHARGES VillageFest Halloween $1,256.00 Veterans Day Parade $647.00 Festival of Lights Parade $3,751.50 VillageFest Holiday Program $484.00 Mayor’s Holiday Entertainment $2,789.00 Total Revised $8,927.50 UPCOMING EVENTS VillageFest Birthday $767.00 World Art Day $1,393.00 Total Estimated $2,160.00 Grand Total $11, 087.50 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 Docusign Envelope ID: C9CB3579-C4C2-4E99-805A-2B2B44F5EE87 CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) PORTABLE POWER AND LIGHTING EQUIPMENT RENTALS Brudvik, Inc. Briana Jordan, VP/CFO briana@brudvikinc.com Portable power and lighting equipment rental services at various special events for the Parks & Recreation department. $6,397.50 + $3,297.00 = 9,694.50 October 31, 2024 - October 31, 2025 Briana Jordan VP/CFO, briana@brudvikinc.com Larry "Bo" Ford Owner/President, bo@brudvikinc.com Parks & Recreation Nicholas S. Gonzalez, Director / x8277 NA 24I280 1 Yes Yes Yes Department N/A No 01/28/25 Janet Burns, Administrative Specialist Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Page 1 of 7 Revised: 10.31.23 AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT 24I280 BETWEEN THE CITY PALM SPRINGS AND BRUDVIK, INC. 1. Parties and Date. This Amendment No. 1 to the Contract Services Agreement 24I280 is made and entered into as of this 28th day of January, 2025, by and between the City of Palm Springs (“City”) and Brudvik, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement entitled “Contract Services Agreement 24I280” dated October 28, 2024, (“Agreement”) for the purpose of retaining the services of Contractor to provide portable power and lighting equipment rental services at various special events for the Parks & Recreation Department for an amount (not to exceed) $6,397.50 and a term of October 28, 2024, to October 27, 2025. 2.2 Amendment. The City and Contractor desire to amend the Agreement to add additional compensation in the amount of $3,297.00 for additional services needed for special events, and revise the Scope of Services as outlined in Revised Exhibit A. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Compensation of Contractor. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows: “Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $ 9,694.50.” Exhibit “A” amends the Scope of Work for various special events, attached hereto and incorporated by reference. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Page 2 of 7 Revised: 10.31.23 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Page 3 of 7 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND BRUDVIK, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ Jeff Ballinger Brenda Pree City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 1/28/2025 1/28/2025 1/28/2025 1/28/2025 1/28/2025 Page 4 of 7 Revised: 10.31.23 REVISED EXHIBIT A Revised Exhibit A is to reflect additional events and compensation to the Agreement. Contractor will provide portable power and lighting equipment rental services for various special events with the Parks & Recreation department. 1. SCHEDULE OF EVENTS-REVISED WITH ADDITIONAL EVENTS The following is a schedule of events with dates, time limits, and locations for required services. EVENT DATE TIME LOCATION VillageFest Halloween Thursday, Oct. 31, 2024 0-8 HOURS Tahquitz & Palm Canyon Veterans Day Parade Monday, Nov. 11, 2024 0-8 HOURS TBD; Hyatt Hotel Festival of Lights Parade Saturday, Dec. 7, 2024 9-16 HOURS TBD; Downtown Palm Springs VillageFest Holiday Program Thursday, Dec. 12, 2024 0-8 HOURS Tahquitz & Palm Canyon Mayor’s Holiday Entertainment Friday – Sunday Dec. 13, 14, 15, 2024 24-32 HOURS Museum Way & Belardo Rd VillageFest Birthday Thursday, Mar. 13, 2025 0-8 HOURS Tahquitz & Palm Canyon 2. FEES AND CHARGES- REVISED The following are the fees for service payment. Contractor will provide the following equipment/supplies as quoted on the rental agreements. EVENT: VILLAGEFEST HALLOWEEN - RENTAL AGREEMENT NO. 18677 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 45 kVA (generator) 1 $200 $200 100 ft. cord 4 $30/ea. $120 50 ft. cord 2 $25/ea. $50 Spider Box 4 $35/ea. $140 Cable Ramps 10 $15/ea. $150 Fuel 8 gallons $8/gallon $64 STANDARD CHARGES Delivery Charge 1 $100 Set-Up Labor 1 $150 Strike Labor 1 $150 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Page 5 of 7 Revised: 10.31.23 Environmental Fee 1 $7 Pickup Charge 1 $125 Total $1,256 EVENT: VETERANS DAY PARADE – RENTAL AGREEMENT NO. 18666 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 25 kVA (generator) 1 $175 $175.00 50 ft. cord 2 $20/ea. $40.00 Spider Box 2 $35/ea. $70.00 Cable Ramps 5 $15/ea. $75.00 Fuel 10 gallons $8/gallon $80.00 STANDARD CHARGES Delivery Charge 1 $75.00 Environmental Fee 1 $7.00 Pickup Charge 1 $125.00 Total $647.00 EVENT: FESTIVAL OF LIGHTS PARADE – RENTAL AGREEMENT NO. 18667 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 25 kVA (generator) 1 $175 per 1.5 days $262.50 25 kVA (generator) 1 $175 $175.00 Light Tower 10 $100/ea. $1,000.00 50 ft. cord 6 $20/ea. $120.00 Spider Box 4 $35/ea. $140.00 Cable Ramps 6 $15/ea. $90.00 Fuel 60 gallons $8/gallon $480.00 STANDARD CHARGES Delivery Charge 1 $600.00 Setup Labor 1 $100.00 Strike Labor 1 $100.00 Environmental Fee 12 $7.00 $84.00 Pickup Charge 1 $600.00 Total $3,751.50 ADDITIONAL EVENT: VILLAGEFEST HOLIDAY PROGRAM - RENTAL AGREEMENT NO. 18733 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or 1PER HOUR FEES 25 kVA (generator) 1 $175 $175.00 100 ft. cord 1 $30/ea. $30.00 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Page 6 of 7 Revised: 10.31.23 Fuel 9 gallons $8/gallon $72.00 STANDARD CHARGES Delivery Charge 1 $75.00 Environmental Fee 1 $7.00 Pickup Charge 1 $125.00 Total $484.00 ADDITIONAL EVENT: MAYOR’S HOLIDAY ENTERTAINMENT- RENTAL AGREEMENT NO. 18756 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or 1PER HOUR FEES 125 kVA (generator) 2 days $600/day $1,200.00 100 ft. cord 4 $60/ea. $240.00 Spider Box 4 $70/ea. $280.00 Cable Ramps 11 $30/ea. $330.00 Fuel 54 gallons $8/gallon $432.00 STANDARD CHARGES Delivery Charge 1 $75.00 Setup Labor 1 $75.00 Strike Labor 1 $75.00 Environmental Fee 1 $7.00 Pickup Charge 1 $75.00 Total $2,789.00 EVENT: VILLAGEFEST BIRTHDAY – RENTAL AGREEMENT NO. 18668 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 45 kVA (generator) 1 $200 $200 100 ft. cord 2 $30/ea. $60 Spider Box 2 $35/ea. $70 Fuel 10 gallons (estimate only) $8/gallon $80 STANDARD CHARGES Delivery Charge $75 Set-Up Labor $75 Strike Labor $75 Environmental Fee $7 Pickup Charge $125 Total $767 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Page 7 of 7 Revised: 10.31.23 GRAND TOTAL: PAST EVENTS TOTAL CHARGES VillageFest Halloween $1,256.00 Veterans Day Parade $647.00 Festival of Lights Parade $3,751.50 VillageFest Holiday Program $484.00 Mayor’s Holiday Entertainment $2,789.00 Total Revised $8,927.50 UPCOMING EVENTS VillageFest Birthday $767.00 Total Estimated $767.00 Grand Total $9,694.5 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 Docusign Envelope ID: 23AEBC0F-EB55-4258-9426-502BE58CFB46 CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) PORTABLE POWER AND LIGHTING EQUIPMENT RENTALS Brudvik, Inc. Briana Jordan, VP/CFO briana@brudvikinc.com Portable power and lighting equipment rental services at various special events for the Parks & Recreation department. $6,397.50 October 28, 2024 - October 27, 2025 Briana Jordan VP/CFO, briana@brudvikinc.com Larry "Bo" Ford Owner/President, bo@brudvikinc.com Parks & Recreation Lauri Aylaian, Interim Director N/A 24I280 N/A Yes Yes Yes Department N/A No 10/25/2024 Janet Burns Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 1 of 20 CONTRACT SERVICES AGREEMENT 24I280 PORTABLE POWER AND LIGHTING EQUIPMENT RENTALS THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on October 28, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Brudvik, Inc., a California Corporation (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a licensed and qualified vendor to provide portable power and lighting equipment rental services at various special events for the Parks & Recreation Department (“Project”). B. Contractor has submitted to City a proposal to provide equipment rental services to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 2 of 20 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $6,397.50. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for ea.ch fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 3 of 20 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on October 28, 2024, and ending on October 27, 2025, unless extended by mutual written agreement of the Parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cea.se all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 4 of 20 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Briana Jordan, Vice President / CFO. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 5 of 20 City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Cesar Cruz Rental Manager 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 6 of 20 Claims arising from injuries to or dea.th of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 7 of 20 8.4 Relea.se of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) yea.rs from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 8 of 20 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or brea.ch by City or for any amount which may become due to the Contractor or its successor, or for brea.ch of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (ea.ch a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 9 of 20 writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 To Contractor: Brudvik, Inc. Attention: Briana Jordan, VP/CFO 600 S. Eugene Rd. Palm Springs, CA 92264 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, ea.ch provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and ea.ch Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 10 of 20 11.9 Counterparts. This Agreement may be signed in counterparts, ea.ch of which shall constitute an original. 11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE] Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 11 of 20 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND BRUDVIK, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ Jeff Ballinger Brenda Pree City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF 10/31/2024 10/31/2024 11/5/2024 11/5/2024 11/5/2024 Revised 4.13.23 Page 12 of 20 EXHIBIT “A” SCOPE OF SERVICES/WORK Including, Schedule of Services And Schedule of Fees Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 13 of 20 EXHIBIT “A” Contractor will provide portable power and lighting equipment rental services for various special events with the Parks & Recreation department: 1. SCHEDULE OF EVENTS The following is a schedule of events with dates, time limits, and locations for required services. EVENT DATE TIME LOCATION VillageFest Halloween Thursday, Oct. 31, 2024 0-8 HOURS Tahquitz & Palm Canyon Veterans Day Parade Monday, Nov. 11, 2024 0-8 HOURS TBD; Hyatt Hotel Festival of Lights Parade Saturday, Dec. 7, 2024 9-16 HOURS TBD; Downtown Palm Springs VillageFest Birthday Thursday, Mar. 13, 2025 0-8 HOURS Tahquitz & Palm Canyon World Art Day Saturday, Apr. 12, 2025 0-8 HOURS Demuth Park 2. FEES AND CHARGES The following are the fees for service payment. Contractor will provide the following equipment/supplies as quoted on the rental agreements. EVENT: VILLAGEFEST HALLOWEEN - RENTAL AGREEMENT NO. 18677 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 45 kVA (generator) 1 $200 $200 100 ft. cord 4 $30/ea. $120 50 ft. cord 2 $25/ea. $50 Spider Box 4 $35/ea. $140 Cable Ramps 10 $15/ea. $150 Fuel 10 gallons (estimate only) $8/gallon $80 STANDARD CHARGES Delivery Charge $100 Set-Up Labor $150 Strike Labor $150 Environmental Fee $7 Pickup Charge $125 Total $1,272 Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 14 of 20 EVENT: VETERANS DAY PARADE – RENTAL AGREEMENT NO. 18666 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 25 kVA (generator) 1 $175 $175 100 ft. cord 1 $30/ea. $30 50 ft. cord 2 $20/ea. $40 Spider Box 2 $35/ea. $70 Fuel 10 gallons (estimate only) $8/gallon $80 STANDARD CHARGES Delivery Charge $75 Environmental Fee $7 Pickup Charge $125 Total $602 EVENT: FESTIVAL OF LIGHTS PARADE – RENTAL AGREEMENT NO. 18667 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 25 kVA (generator) 1 $175 per 1.5 days $262.50 Light Tower 7 $100/ea. $700.00 50 ft. cord 1 $20/ea. $20.00 Spider Box 1 $35/ea. $35.00 Cable Ramps 6 $15/ea. $90.00 Fuel 25 gallons (estimate only) $8/gallon $200.00 STANDARD CHARGES Delivery Charge $500.00 Environmental Fee $56.00 Pickup Charge $500.00 Total $2,363.50 EVENT: VILLAGEFEST BIRTHDAY – RENTAL AGREEMENT NO. 18668 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 45 kVA (generator) 1 $200 $200 100 ft. cord 2 $30/ea. $60 Spider Box 2 $35/ea. $70 Fuel 10 gallons (estimate only) $8/gallon $80 STANDARD CHARGES Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 15 of 20 Delivery Charge $75 Set-Up Labor $75 Strike Labor $75 Environmental Fee $7 Pickup Charge $125 Total $767 EVENT: WORLD ART DAY – AGREEMENT NO. 18682 EQUIPMENT/SUPPLIES QUANTITY FEES PER UNIT or PER HOUR FEES 25 kVA (generator) 2 $175/ea. $350 100 ft. cord 2 $30/ea. $60 Light Tower 2 $100/ea. $200 Spider Box 1 $35/ea. $35 Fuel 15 gallons (estimate only) $8/gallon $120 STANDARD CHARGES Delivery Charge $300 Environmental Fee $28 Pickup Charge $300 Total $1,393 GRAND TOTAL: EVENT TOTAL ESTIMATED CHARGES VillageFest Halloween $1,272.00 Veterans Day Parade $602.00 Festival of Lights Parade $2,363.50 VillageFest Birthday $767.00 World Art Day $1,393.00 Total $6,397.50 Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 16 of 20 EXHIBIT “B” INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 17 of 20 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at lea.st one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at lea.st one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at lea.st one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ____X_____ is not required; 4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at lea.st one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 18 of 20 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three yea.rs of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at lea.st three yea.rs after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 19 of 20 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to ea.ch insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Revised 4.13.23 Page 20 of 20 EXHIBIT “C” EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: Printed Name: Title: Firm Name: Date: Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Larry "Bo" Ford 10/31/2024 President Brudvik, Inc. Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF Docusign Envelope ID: 3C6EB991-2295-4EFD-B8A1-1850C2F1D7BF