2025-58
City of Moreno Valley
AGREEMENT FOR ON.SITE AND/OR PROFESSIONAT SERVICES
This Agreement is made by and between the City of Moreno Valley, California, a municipal corporation, with its principal place of business al !4L77 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the "City", and Quinn Rental Services, a corporation, with its principal place of business at 10006 Rose Hills Road, City of tndustry, CA 90601, hereinafter referred to as the "Contractor," based upon City policies and the following legal citations:
RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent Contractor's;
B. Contractor desires to perform and assume responsibility for the provision of professional equipment rental contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional equipment rental contracting services and is licensed in the State of California, if applicable;
C. City desires to engage Contractor to render such services for the equipment rental services as set forth in this Agreement;
D. The public interest, convenience, necessity, and general welfare will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.
TERMS
1, VENDOR INFORMATION:
Ven dor's Name: Quinn Cat
Address: 10006 Rose Hills Road.
City: Citv of ln d ustrv State:CAZip:90601
Business Phone: 951.683.5960
Oth er Contact Number:
Business License Number:
FederalTaxl D Number: 77-0485068
Revislon1 05′28′2024
2. 3.
8 D
VENDOR SERVICES, FEE' AND RELEVANT DATES:
The Contractor's scope of service is described in Exhibit 'A'attached hereto and incorporated herein by this reference.
The City's responsibilifies, other than payment, are described in Exhibit "8" attached hereto and incorporated herein by this reference.
Payment terms are provided in Exhibit "C" attached hereto and incorporated herein by this reference.
The term of this Agreement shall be from February 20, 2025 to lune 30, 2030 unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approvalofthe Contractor's requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the contractor's reasonable control (excluding delays caused by non-performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance ofthe work by the Contractor STANDARD TERMS AND CONDITIONS:
control of Work. Contractor is solely responsible for the content and sequence of the work and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Contractor or his/her/its employees. lntent of Parties. Contractor is, and at all times shall be, an independent Contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liabilityfor or on behalfofthe City, or entitlinBthe Contractorto any right, benefit, or privilege applicable to any officer or employee of the City.
Subcontractins. Contractor may retain or rubcontract for the services of other necessary contractors with the prior written approval ofthe City. Payment for such services thall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligafion to pay for any subcontractor services rendered. Contractor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].
Conformance to Aoolicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
A
c.
D.
Revisionl o5′28′2024
G
E,
F.
H.
|
Substitution of Kev Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. ln the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the servjces in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion ofthe project or a threat to the safety of persons or property, shall be promptly removed from the project by the Contractor at the request of the City. The key personnel for performance ofthis Agreement are as follows: Gus Barrera, Branch Manager.
Citv's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
Contractor's ReDresentative. Contractor hereby designates Gus Barrera, Branch Manager or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Contractor's Representative shall supervi5e and direct the services, using his or her best skill and anention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the services under this Agreement.
Leqal Considerations. The Contractor shall comply with applicable federal, state, and locallaws in the performance of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with services. lf the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the CitV Contractor shall be solely responsible forallcosts arisingtherefrom. Contractor shalldefend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
Standard ofcare: Performance of Emplovees. Contractorshallperform allservices under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the profession necessary to perform the services. Contractor warrants Revisioni 05′28′2024
J.
that all employees and subcontractor shall have sufficient skill and experience to perform the services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals ofwhatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or 6mely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any ofthe seruices or to work on the project.
Contractor lndemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), theirofficers, agents and employ€es harmlessfrom claims, damages (excludinE conseouential, indirect, or punitive damases) causes of ac6on and demands, incurred directly resulting from Contractor's gross negligence or willful misconduct. Acceptance of this Agreement signifies that the Contractor is not covered under the City's Beneral liability insurance, employee benefits, or workert compensation. lt further establishes that the Contractor shall be fully responsible for such coverage. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement for a period of one year, and subjed to a liability cap ofthe Contractor's insurance covera8e.
Additional lndemnitv Obliqations. Contractor shall defend, with counsel of Contractor's choosingand at Contractor's own cost, expense and risk, claims, suits, actions or other proceedings covered by Section "J" that may be brought or insituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees subiect to a liabilitv cao of the Contractor's insurance coverage. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, ac6on or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding subject to a liability cap of the Contractor's insurance coverage. Such reimbursement shallinclude paymentfor City's attorney'sfees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for r€asonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Revisionl o5′28′2024
L. CaIPERS Retiree Dirclosure. Vendor hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Contractor who are retirees under the California Public Employees' Retirement System (CaIPERS) whom receives a monthly CaIPERS retirement allowance, and whom are, subject to City approval, assigoed by Contractor to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CaIPERS re6ree's obligations under applicable law, rules or regulations.
M. CaIPERS lndemnitv. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this Agreement is determined by a court of competent jurisdiction or CaIPERS to be eligible for enrollment in CaIPERS as an employee of the City, to the fullest extent of the law Contractor shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including without limitation. payment that City is required as a result to make to CaIPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.
N. CaIPERS Parhcipation. As set forth in this Agreement and in the Request for Qualifications, City has an obliga6on to treat all persons working for or under the direction of Contractor as an independent Contractor of City and agents and employees of Contractor, and not as agents or employees of City.
O. Joint Coooeraion. ln the event that CaIPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City's employees, Contractor shall reply within ten days and share all communications and documents from CaIPERS that it may legally share. ln the event that either Contractor or City files an appeal or court challenge, Contractor and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.
P. Limitation of Liability. Contractor's liability for any and all claims arising out of this Agreement or out of any goods or Services furnished under this Agreement, whether based in contract, negligence, strict liability, agency, warranty, trerpass, or any other theory of liability, shall be limited to the total compensation received by Contractor from Customer under this Agreement, or the liability limits of the Contractor's insurance coverage, whichever is greater.
Q. lnsurance Reauirements. Throughout the life ofthis Agreement, Contractor shall pay for and maintain in full force and effect all insurance as required. lf at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors failto maintain any required insurance in full force and effect, ReVision:o・●′28′2024
allservices and work underthis Agreement shallbe discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Contractor of its responsibilities under this Agreement. The phrase "failto maintain any required insurance" shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Vendor, including, without limitation, liability underthe indemnity provisions of this Agreement. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any ofthem.
Upon request of City, Contractor shall immediately furnish City with a Certificate of lnsurance associated with this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination ofthis Agreement for one year.
Where determined applicable by the City, Contractor will comply with the following insurance requirements at its sole expense. lnsurance companies shall be rated (A Minus: Vll-Admitted) or better in Best's lnsurance Rating Guide and shallbe legallylicensed and qualified toconduct business in theState ofCalifornia.
Minimum Scope of lnsurance: Coverage shall be at least as broad as:
1. The most current version of lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 covering on an "occurrence" basis, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles orother licensed vehicles (Code 1-AnyAuto).
3. Workers' Compensation insurance as required by the State of California, California Labor Code and Employer's Liability lnsurance, with Statutory Revisionl o6′28′2024
timits, and Employer's Liability tnsurance with limits of no less than S1,000,000 per accident for bodily injury or disease.
Minimum Limits of lnsurance:
a. General Liabilitv lnsurance. Without limitingthe generality of the for8oing, to protect against loss from liability imposed by law for damages on account of bodily injury including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly from gross negligence or willful misconduct of the Contractor, sub-contractoi or any person actin8 for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of this Agreement and any extension thereof in the minimum amounts provided below:
. Eodily lnjury 51,000,000 per occurrence/S2,000,00o aggreBale . Property Dama8e S1,00O,0O0 per occurrence/S2,oo0,o0o aggregate b. AutomobileLiabilitv
. S1,000,000 per accident for bodily injury and property damage c. Emolover's Liabilitv {Worker's Compensation)
. 51,000,000 each accident for bodily injury
. S1,ooo,00o disease each employee
. S1,000,000 disease policy limit
d. workers' Comoensation insurance policv: ln such amounts as willfully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contrador and the City, HA, and CSD against any loss, claim or damage arising from any injuries or occupational diseases happeninB to anyworker employed by the Contractor in the course ofcarrying out this Agreement except those caused by the gross negligence or willful misconduct of City, HA, and/or CSD.
e. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best's rating of no Iess than Other lnsurance Provisions: The General Liability, Automobile Liability and Workers Compensation insurance policies are to contain, or be endorsed to contain, the following provisions:
Revisionl o5′28′2024
a. City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds. b. The coverage shall contain no special limitations on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to the City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish the City with a new certificate and applicable endo15ements for such policy(ies).
Acceptability of lnsure6: All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted bythe California lnsurance Commissionerto do business in the State of California and rated not less than "A- Vll" in Best's lnsurance Rating Guide; or authorized by the City Manager or designee.
Verification of Cove6ge: Vendor shall furnish City with all certificates(s) and appli(able endorsements effecting coverage required hereunder All certificates and applicable endoEements are to be received and approved by the City Manager or designee prior to City's execution ofthis Agreement and before work commences. The followinS applicable endorsements will be required:
1. Additional lnsured endorsement for ongoing operations, completed operations and primary & non-contributory endorsement for general liability coverage
2. Additional lnsured endorsement for auto liability coverage R. lntellectual Propertv The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
S. Entire Asreement. This Agreement consitutes the entire agreement between the parties. There are no understandings, Agreements, or representafions of warranties, expressed or implied, not specified in this Agreemett. This Agreement applies only to the current proposalas attached. This Agreement may be modified or amended only by a subsequent written Agreement signed authorized Revis,on,052y2024
T
representatives of by both parties. Assignment of this Agreement is prohibited without prior written consent.
Termination. The following clauses apply:
1. The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Contractor. The written notice shall specify the date of termina6on. Upon receipt of such notice, the Vendor may continue work through the date of termination, provided that no work or service(s) shall be commenced or continued after receipt of the no6ce which is not intended to protect the interest ofthe City. The Cityshallpaythe Contractor within thirty {30)days after receiving any invoice after the date of termination for all non- objected to services performed by the Contractor in accordance herewith through the date oftermination.
2. Either party may terminate this Agreement for cause. ln the event the City terminates this Agreement for cause, the Contractor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
3. lf this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request.
4. ln the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.
egy4g!]!. Payments to the Contractor pursuant to this Agreement willbe reported to Federal and State taxing authorities as required. The City will not withhold any sums from compensation payable to Contractor Contractor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a 6me and materials basis, the Contractor shall maintain adequate recordsto permit inspection and auditofthe Contractor's time and materials charges under the Agreement. Suchrecordsshallberetainedbythe Vendor for three (3) years following completion of the services under the Agreement.
Restrictions on Citv Emplovees. The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. Noofficer U,
Revision:oフ28′2024
or employee of the City shall have any financial interest in this Agreement in violation of federal, state. or local law.
W. Choice of Law and Venue. The laws of the State of California shall govern the ri8hts, obligations, duties, and liabilities ofthe parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this A8reement shall be brought in the appropriate court located in Riverside County, State of California. ThepartiesexpresslywaivetheirriShttoatrialbyjury in any action or proceeding related to this Agreement.
X. Deliverv of Notices. All notices permitted or required under this Agreement shall be Biven to the respective parties at the following address, or at such otheraddress as the respective parties may provide in writing for this purpose:
vendor:
Quinn RentalServices
10006 Rose Hills Road
City of lndustry CA 90601
Attn: Michelle Locke
City:
City of Moreno Valley
14177 Frederick Street
PO. Box 88005
Moreno Valley, CA 92552
Attn: Maintenance & Operations Division
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
Y. Time of Essence. Time is of the essence for each and every provision of this Agreement.
Z. Citv's Risht to Emplov Other Contractors. City reserves right to employ other contractors in connection with this project.
AA.Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.
Revision1 05′28′2024
BB. Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, such attempted assignment, hypothecation or transfer
CC. Supplementarv General Conditions (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by Contactor for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions. Definifions used in these provisions are as contained in the General Conditions.
1. Contractor shall be subject to the administrativ€, contractual, and legal remedies provided in the General Conditions in the event Contractor violates or breaches terms of the Agreement.
2. City may terminate the Agreement for cause or for convenience, and Contractor may terminate the Agreement, as provided the General Conditions.
3. Contractor shall comply with Executive Otdet 71246 of September 24, 1965. entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1957, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of 510,000 by City and/or subcontracts in excess of 510,000 entered into by Vendor)
4. Contractor shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor.egulations (29 CFR Part 3) {All contracts and subcontracts for construction or repair.)
5. Contractor shallcomply with the Davis-Bacon Act (40 U.S.C. 276ato275a7l as supplemented by Department of Labor reBUlations (29 CFR Part 5).
6. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).
7. Contractor shall observe City requirements and regulations pertaining to reportinB included in the General Conditions.
Revisioni 05′28′2024
8. Contractor shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions for a period of three years after termination of this Agreement.
9. Contractor shall retain all requ ired records for th ree years after City makes final payments and all other pending matters relating to the Agreement are closed.
10. Contractor shall comply with all applicable standards, orders, or requirements issued under secdon 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)
11. Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).
DD. Authoritv To Execute. The representative executing this Agreement on behalf of each party hereby represents and warrants that he or she has full power and authority to execute this Agreement on behalf of such party and that all approvals and other actions necessary in connection with the effective execution by him or her have been obtained and are in full force and effect as of his or her execution hereof.
EE. ln the event of any legal action, controversy, claim, or dispute between the Parties involving the Contract Documents or the transactions contemplated thereby, the prevailing Party shall be entitled to recover from the other Party expenses, costs, and reasonable attorneys' fees.
S:GNATURE PAGE TO FOLLOW
ReVisioni o5′28′2024
City of Moreno Valley
lN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
Quinn Rental Services
BY:
City Manager
Brian Mohan
Miche∥e Locke
SVP&CFO
瑚,1,2√ 」
l′♭イrf〆
lNTERNAL USE ONLY
APPROVED AS TO LECAL FORM:
"′
ο呻
City Attorney
02/25/2025
Date
Meussa vvalket PE
ReVision:05′28′2024
EXHIB:TA
CONTRACTOR SCOPE OF SERVICES
A. This Agreement between the City of Moreno Valley and Contractor is for professional equipment rental contracting services,
B. Requests for service will be conveyed from the City via telephone or email requesfing an informal or formal quote or proposal. There is no minimum or maximum number of service calls.
C. Quotes and proposals must be prepared in accordance with the request for service and be submitted to the City prior to work being performed unless otherwise directed. lobs valued in excess of S1,000 will be quoted at prevailing wage.
D. All work is to be performed in accordance with the manufacturer's recommendations, as well as allfederal, state, country and local regulations.
E. The scopeof workexcludes anyworkotherthan incidental (lessthan l0squarefeet) of any material containing asbestos. The contractor will immediately stop work if any encountered material is suspected to be asbestos and report the finding to the Maintenance & Operations Division lManager
F. All materials and completed work must meet local, county, state, and federal codes and regula6ons.
G. Submission of Material Safety Data Sheets (MSDS) are mandatory for any supply of materialused on thejob or supplied in the course ofthis Agreement priorto receipt ofor with the first shipment of hazardous material. Also, at any time the content of an MSDS is revised, the Contractor is required to provide new information relevant to the specific material
WARRANTIES
Limited Parts Warranty: Except for Caterpillar batteries, service tools, ground engaging tools, Caterpillar 6res, or non-Caterpillar parts which are covered under separate limited warranfes, quinn warrants new Caterpillar parts sold by Quinn are free from defects in materials and workmanship subject to the following provisions. During the first twelve (12) months after purchase ofthe part by City, Quinn will, as an exclusive remedy, provide new part or a repair part, whichever quinn elects, in place of any pan which in Quinnt sole judgment is found to be defective in material or workmanship. Such part will be provided without charge to City during normal working hours at Quinn's place of business, provided that the defective part is returned to Quinn's place of business. Any replacement part provided under the terms of this warranty is warranted for the remainder of the warranty period applicable to the part which it replaces.
Receipt of parts by City acknowledges familiarity with applicable warranties. A copy of the appropriate limited warranty for Caterpillar batteries services, tools, ground engaging tools, Revisionl oγ28′2024
Caterpillar tires, or non-Caterpillar parts is available to City upon request. euinn shall not be responsible for any failures resulting from Company's abuse, misuse, neglect, or improper installation or maintenance. Limited 90 Day Services Warranty: Except for reconditioned major components complete machine rebuilds, which are covered under separate limited warranties, Quinn warrants the Services to be free from defects in material and workmanship for a period of ninety (90) days from performance of such Services. Quinn will, as an exclusive remedy, redo such Services which in Quinn's sole judgment is found to be defective in material or workmanship within the 90-day warranty period, without charge to City. Any Services redone under the terms of is Agreement.
Revision:05′28′2024
EXHIBIT B
CITY RESPONSIBILITIES
The City of Moreno Valley is responsible for the following:
A. Providing requests for service, access to sites to perform evaluations for estimates and/ or project work, and coordinating site visits; B. Providing purchase orders or other written authorization to confirm the approval of work;
C. Providing materials when the scope of work so indicates; and D. Funding all required City permits, excluding a City of Moreno Valley business license.
Revision,05′28′2024
2. EXHIBIT C
TERMS OF PAYMENT
The Contractor's compensation shall not exceed S75.OOO.OO The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proofofa current Cityof Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
https://moval.Aov/departments/financial-memt-svcs/svc-biz-licen5e.html The Contractor will electronically submit an invoice to the City on a monthly basis for progress payments alongwith documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professionalservices since the last invoice. At no time willthe City payfor more services than have been satisfactorily completed and the City! determination of the amount due for any proSress payment shall be final. The Contractor will subm it all original invoices to Accounts Payable staff at AllglllEPetaulgQllpyaLllg a. Accounts Payable questions can be directed to (951)413-3073. b. Copies of invoices may be submitted to the Maintenance & Operations Division at [email protected] or calls directed to (951) 413-3160.
The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees. late charges, or other penalties.
3 4
The ACH Authorization Form is located at:
htto://wwwmoval.orqlcitv hall/forms.shtml$bf
The minimum information required on allinvoices is:
a. Vendor Name, MailihgAddress, and Phone Number
b. lnvoice Date
c. Vendor lnvoice Number
d. City-provided Reference Number (e.g. Project, Activity) e. Detailed work hours by class title (e.9. Managet Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
Revis,on:0528′2024
6 7
The city shall pay the contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
lf the City fails to pay for the Services as and when due, the City will pay an 18% per annum finance charge (1.5% per month) on the invoice balance until charges are paid in full, but in no event in excess of the maximum amount allowed by law, and the City shall pay the Contractor all reasonable attorneys'fees and collection costs incurred by the Contractor Any invoice disputes must be provided by the City in writing within 15 days of the invoice date. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
Maintenance and lnspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 8 Revision:05/28′2024