City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01786 12/2/2025
Award Agreement for Prefabricated Mobile Modular for Classroom Purchase and Appropriate Funding
File ID: 2025-01786
Location: Citywide
Recommendation: Adopt a Resolution: 1) awarding an agreement to Mobile Modular Management Corporation, through the Sourcewell cooperative-purchase agreement (Contract No. 120822-MMR), for a not-to-exceed amount of $317,090; 2) authorizing the Interim City Manager, or their designee, to execute the agreement with Mobile Modular Management Corporation; and 3) authorizing the Interim City Manager, or their designee, to allocate funding from the Fire Department’s Public Provider Ground Emergency Medical Transport (PP-GEMT) carryforward (General Fund - 1001) to the purchase.
Contact: Adam McKahan, Assistant Chief, (916) 767-2350, [email protected], Fire Department
Presenter: None.
Attachments:
1-Description/Analysis
2-Resolution
3-Cooperative Agreement through Sourcewell Contract ID#120822-MMR 4-Air Force Encroachment Permit Approval
Description/Analysis
Issue Detail: The Sacramento Fire Department’s (SFD’s) training site currently lacks adequate classroom space to support the increasing demands for education and training in emergency medical services (EMS) and fire service. Existing facilities are outdated and undersized, and unable to accommodate the growing number of personnel and training sessions required to maintain operational readiness and compliance with state and national standards.
The Department’s EMS education and training program plays a critical role in preparing firefighters and paramedics to deliver high-quality prehospital care. With the expansion to two full academies per
File ID: 2025-01786 12/2/2025
year the need for a dedicated, modern EMS classroom has become urgent. The following outlines the challenges and benefits of a dedicated EMS training space.
Increased Classroom Availability and Operational Efficiency Currently, the SFD EMS relies on a small classroom with a maximum capacity of 30 individuals. This space is hindered by structural pillars that obstruct visibility for several students, creating a suboptimal learning environment. Alternatively, SFD EMS must compete for classroom space at the Joint Powers Authority (JPA) training facility, which is shared among multiple organizations, including SFD Training, JPA, the Sacramento Police Department, and American River College. Securing a suitable classroom at the JPA facility often requires reservations and payment more than a year in advance due to the variety of classroom sizes and configurations.
The logistical challenges are further compounded during EMS academies, which span several weeks and are conducted multiple times per year. Due to limited availability, EMS staff are frequently required to relocate classroom materials, training mannequins, and equipment numerous times within a single academy. These disruptions reduce valuable instructional time, increase stress on EMS cadre members, and force students to repeatedly adjust to new learning environments during an already demanding training period. These disruptions and scheduling issues cause delays in academy timelines, which affect the hiring and onboarding process, further elongating the time it can take to get a new employee ready to work.
Acquisition of a dedicated mobile modular classroom would eliminate these conflicts, providing a consistent and customized training space tailored to the specific needs of EMS education and training. This investment would enhance instructional continuity, reduce operational strain, and support delivering high-quality uninterrupted training.
Ongoing Training and Continuing Education Requirements
In accordance with local, state, and federal mandates, the SFD EMS is responsible for training new hires through its academies and delivering ongoing continuing education to all existing personnel.
One month each year, the entire department cycles through EMS for mandatory training. Due to limited classroom capacity, some employees are left standing during sessions because of insufficient desk space, negatively impacting the learning environment and overall training effectiveness.
The current classroom setup poses significant challenges during breakout labs and hands-on training. The inability to move or stack desks and chairs, combined with the room's small footprint, forces training groups to work in cramped conditions, often back-to-back or stepping over other teams’ mannequins and equipment to access their stations. These constraints hinder the quality and safety of practical instruction.
Support for the Fire Service Program
The highly supported Fire Service Program, approved by Council, is vital to the SFD’s workforce
File ID: 2025-01786 12/2/2025
pipeline. This initiative provides meaningful opportunities for young Sacramento residents to begin careers in the fire service, starting as EMTs or paramedics. It serves as a gateway for individuals to gain valuable field experience and the fulfillment of serving their community, with the potential to advance into firefighter roles.
As an integral addition to SFD’s operational strategy, the Fire Service Program helps address increasing call volume and growing demand for emergency services. With strong backing from the City, the program is positioned for long-term success. However, to meet its full potential, the department must operate two to three full-time academies annually, each requiring a dedicated classroom space for six months per year.
In addition to space needs for fire service training, adequate facilities are critical to supporting EMS academies. A modern classroom must accommodate up to 40 students and provide unobstructed views of audiovisual aids and instructional materials. Incorporating updated technology and flexible layouts is essential to delivering high-quality, hands-on EMS training. This includes breakout areas for lab work and simulation-based learning, which are fundamental to preparing new hires for the demands of field operations.
A permanent, purpose-built classroom is essential to support this program’s growth. It would enable EMS staff to deliver consistent, high-quality training and education to future SFD personnel, ensuring they are well-prepared to make a lasting impact on the safety and well-being of Sacramento’s residents.
Policy Considerations: The recommendations in this report are in accordance with provisions of the City Code Section 3.56.230(C), which explains a two-thirds vote by the Council is required to suspend competitive bidding for any purchase or contract, and City Code Section 3.56.090, which requires Council approval for any contracts over $250,000.
Economic Impacts: None.
Environmental Considerations: The proposed activity is not a project pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15378(b)(5). The activity will not result in direct or indirect physical changes in the environment and is not subject to CEQA. CEQA Guidelines Section 15060(c)(3).
Sustainability: None.
Commission/Committee Action: None.
Rationale for Recommendation: Establishing a dedicated classroom specifically designed to meet
File ID: 2025-01786 12/2/2025
the operational and instructional needs of SFD EMS presents a cost-effective, long-term solution. A well-designed classroom would include essential features such as secure storage for training aids, an office for the EMS training cadre, and sufficient electrical infrastructure to support advanced instructional tools. In addition, it would eliminate the need to forecast and reserve classroom space a year in advance and reduce the logistical burden of repeatedly transporting educational materials, training mannequins, and equipment between locations. This stability would significantly improve instructional efficiency and reduce wear on critical training assets.
It is in the City's best interest to purchase the modular buildings directly from Mobile Modular Livermore. If the City purchases the modular through a cooperative agreement, it can reduce the costs of paying a potential contractor’s markup for profit and overhead. In addition, these modulars have a lead time of nine to 12 months. Reducing the lead time by four to six months will allow for the EMS to have the space needed for the department’s upcoming winter academies beginning in January 2026.
Financial Considerations: The Fire Department has sufficient funding available in its IGT/PP-GEMT commitment of General Fund (Fund 1001) balance to fund the procurement of the modular building.
Local Business Enterprise (LBE): Not required.
RESOLUTION NO. 2025-
Adopted by the Sacramento City Council
[DATE]
Contract: EMS Mobile Modular Office
BACKGROUND
A. The Sacramento Fire Department’s (SFD’s) training site currently lacks adequate classroom space to support the increasing demands for education and training in emergency medical services (EMS) and fire service. Existing facilities are outdated and undersized, and unable to accommodate the growing number of personnel and training sessions required to maintain operational readiness and compliance with state and national standards.
B. The Department’s EMS training program plays a critical role in preparing firefighters and paramedics to deliver high-quality prehospital care. With the expansion to two full academies per year the need for a dedicated, modern EMS classroom has become urgent.
C. Acquisition of a dedicated mobile modular classroom would eliminate these conflicts, providing a consistent and customized training space tailored to the specific needs of EMS education and training. This investment would enhance instructional continuity, reduce operational strain, and support delivering high-quality uninterrupted training.
D. A permanent, purpose-built classroom is essential to support this program’s growth. It would enable EMS staff to deliver consistent, high-quality training and education to future SFD personnel, ensuring they are well-prepared to make a lasting impact on the safety and well-being of Sacramento’s residents.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City agreement for purchase of modular buildings is awarded to Mobile Modular Management Corporation, through the Sourcewell cooperative-purchase agreement (Contract No. 120822-MMR, dated February 22, 2023), in an amount not to exceed $317,090.
Section 2. The Interim City Manager, or their designee, is authorized to execute the agreement with Mobile Modular Management Corporation.
Section 3. The Interim City Manager, or their designee, is authorized to allocate funding from the Fire Department’s (PP-GEMT) carryforward (General Fund – 1001) to the purchase.
CONTRACT #: PRC00XXX
CONTRACT NAME: EMS Mobile Modular Office
AGREEMENT TERM:
AUTHORIZED RENEWALS:
DEPARTMENT: Fire/EMS
CITY OF SACRAMENTO
COOPERATIVE/PIGGYBACKING AGREEMENT
Cooperative/Piggyback Agreement – Approved by CAO 1-23-2025
The City of Sacramento ("City") and MOBILE MODULAR MANAGEMENT CORPORATION ("Contractor"), hereby agree to this Cooperative/Piggybacking Purchase Agreement (“Agreement”), effective as of 09/06/2025.
WHEREAS, the City wishes to purchase Mobile Modular Office, pursuant to the terms of this Agreement and Contract No. 120822-MMR, dated February 22, 2023 (the “Cooperative Contract,” which is incorporated herein by this reference), with SOURCEWELL (“Cooperative Purchasing Organization”).
NOW THEREFORE, Contractor and the City agree as follows:
1. The City agrees to purchase, pursuant to the terms of this Agreement and the Cooperative Contract, Mobile Modular Office. In no way shall payment from City to Contractor under this Agreement exceed $317,089.37.
2. Scope of work. [City representative to check all that apply]:
[___] City’s purchase of the goods and/or services described herein shall be as set forth in Exhibit A. The goods and/or services shall be delivered to the City no later than DATE. The terms of this Agreement and the Cooperative Contract shall control over any contrary terms included in Exhibit A; and/or
[_X_] City’s purchase of the goods and/or services described herein, including the date(s) of delivery, shall be as set forth in purchase order(s) issued by the City. The terms of this Agreement and the Cooperative Contract shall control over any contrary terms included in a purchase order. City shall pay Contractor the total price set forth in the purchase order (“Total Price”), subject to adjustments for changes, unknown conditions or unforeseen circumstances, including, but not limited to, driver waiting time, special transport permits, difficult site conditions, or increases in fuel prices, in accordance with the terms of this Agreement and subject to adjustments for all applicable taxes calculated at the time of invoicing (the “Purchase Price”) on the applicable payment schedule listed below. Any amounts not specified in the applicable payment schedule that hereafter become due from City to Contractor pursuant to the terms of this Agreement shall be due thirty (30) days after City’s receipt of Contractor’s invoice. No payments due from City shall be reduced by any abatement, setoff, or back charge of any kind whatsoever arising from any cause whatsoever. Neither title nor ownership of the Equipment shall pass to City before the entire Purchase Price has been paid to Contractor.
Payment Schedule:
• Fifty percent (50%) of the Total Price upon City’s execution of this Agreement. • Forty percent (40%) of the Total Price no less than three (3) business days prior to the scheduled delivery of the Equipment (as defined below) to the site. • Ten percent (10%) of the Total Price Net 30 days from the date of substantial completion of Contractor’s scope of work (substantial completion does not include punch list items).
3. The City shall have all the same pricing, terms, conditions, rights, and obligations as the Cooperative Purchasing Organization under the Cooperative Contract.
4. The term of this Agreement shall run through February 24, 2027 unless terminated earlier by the City. If the Cooperative Purchasing Organization renews or extends the Cooperative Contract by written amendment, CONTRACT #: PRC00XXX
CONTRACT NAME: EMS Mobile Modular Office
AGREEMENT TERM:
AUTHORIZED RENEWALS:
DEPARTMENT: Fire/EMS
CITY OF SACRAMENTO
COOPERATIVE/PIGGYBACKING AGREEMENT
Cooperative/Piggyback Agreement – Approved by CAO 1-23-2025 this Agreement will automatically extend, not to go beyond (i) the term of the amended Cooperative Contract, or (ii) a total term of five years, whichever first occurs. Additionally, if the Cooperative Purchasing Organization renews or extends the Cooperative Contract by written amendment then the City has the option to extend the term of this Agreement, not to go beyond the term of the amended Cooperative Contract. City may terminate this Agreement upon notice to Contractor.
5. ReservedMMC will extend the fault-based indemnity provided in the Sourcewell Agreement.
6. Insurance Requirements. [To be completed by the City representative].
Contractor shall, at Contractor’s sole cost and expense and for the full term of this Agreement or any extension thereof, satisfy the following insurance requirements which shall apply to Contractor’s performance under this Agreement [check one]:
[___] the insurance limits and obligations contained in the Cooperative Contract. The City shall have all the same rights as the Cooperative Purchasing Organization under the Cooperative Contract and Contractor shall provide the City with certificates of insurance evidencing the insurance required upon request.
[___] the insurance requirements contained in Exhibit B, notwithstanding any contrary insurance requirements contained in the Cooperative Contract.
If neither line above in this section 6 is checked, the insurance limits and obligations contained in the Cooperative Contract shall apply, the City shall have all the same rights as the Cooperative Purchasing Organization, and Contractor shall provide the City with certificates of insurance evidencing the insurance required upon request.
7. Public Work.
A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code Section 3.60.040 and applicable provisions of the California Labor Code, which require, among other things, that CONTRACTOR and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1773. CONTRACTOR and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the CONTRACTOR and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.
This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code Section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.040. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.
CONTRACT #: PRC00XXX
CONTRACT NAME: EMS Mobile Modular Office
AGREEMENT TERM:
AUTHORIZED RENEWALS:
DEPARTMENT: Fire/EMS
CITY OF SACRAMENTO
COOPERATIVE/PIGGYBACKING AGREEMENT
Cooperative/Piggyback Agreement – Approved by CAO 1-23-2025 B. DIR Registration: California Labor Code Section 1725.5 requires the CONTRACTOR and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.
Further information can be found on DIR’s website at http://www.dir.ca.gov/Public- Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the CONTRACTOR’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The CONTRACTOR shall disseminate these provisions to all subcontractors.
Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.
To be completed by the City Representative if this Agreement is for the performance of any Public Work:
Contractor DIR registration #: _________________________________________
C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.
D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section
3.60.050, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.
E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.040 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.
CONTRACT #: PRC00XXX
CONTRACT NAME: EMS Mobile Modular Office
AGREEMENT TERM:
AUTHORIZED RENEWALS:
DEPARTMENT: Fire/EMS
CITY OF SACRAMENTO
COOPERATIVE/PIGGYBACKING AGREEMENT
Cooperative/Piggyback Agreement – Approved by CAO 1-23-2025 F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.
G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub- agreement for any subcontractors performing work under this Contract.
8. Notwithstanding any contrary term(s) in the Cooperative Contract, this Agreement shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Agreement will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
9. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
10. Contractor warrants and represents that the person or persons executing this Agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this Agreement and bind Contractor to the terms hereof. Notwithstanding anything in this Agreement or the Cooperative Contract to the contrary, Contractor warrants in accordance with this Paragraph for twelve (12) months from the date of manufacture, only that the modular office and other equipment and goods identified in the purchase order, or otherwise delivered to and accepted by City, together with all replacements, repairs, additions, attachments and accessories hereafter sold to City (the “Equipment”), shall be new upon delivery and free from major defects in materials and workmanship that prevent its normal use and operation under normal use and regular service and maintenance by City. Provided City provides written notice to Contractor of any failure or defect in the Equipment within five (5) business days after its discovery and within the applicable warranty period, Contractor shall replace the Equipment or repair the defect. Failure to provide timely notice shall result in a limitation or voidance of this warranty. This warranty does not extend to any Equipment that has been subjected to improper use, damaged by accident or abuse, or repaired or altered by City without prior written authorization from Contractor. THIS EXPRESS WARRANTY IS CONTRACTOR’S SOLE AND EXCLUSIVE WARRANTY
UNDER THIS AGREEMENT FOR EQUIPMENT, AND IT IS LIEU OF, AND CONTRACTOR EXCLUDES AND EXPRESSLY
DISCLAIMS, ALL OTHER WARRANTIES, GUARANTEES, AND REPRESENTATIONS OF ANY KIND, EXPRESS OR
IMPLIED, ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
11. Except as specifically modified herein, all terms and conditions of the Cooperative Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions of the Cooperative Contract as stipulated and modified by this Agreement. Where there is a conflict between the terms and conditions of the Cooperative Contract and this Agreement, this Agreement shall control.
CONTRACT #: PRC00XXX
CONTRACT NAME: EMS Mobile Modular Office
AGREEMENT TERM:
AUTHORIZED RENEWALS:
DEPARTMENT: Fire/EMS
CITY OF SACRAMENTO
COOPERATIVE/PIGGYBACKING AGREEMENT
Cooperative/Piggyback Agreement – Approved by CAO 1-23-2025
12. It is understood and agreed between the parties that, upon execution of this Agreement, Contractor shall proceed with procurement of any materials, equipment, labor, or otherwise in the performance of its obligations hereunder, including without limitation the procurement of the Equipment from the manufacturer. All sales are final and non-refundable upon delivery of the Equipment to the site. Any requests to cancel this Agreement prior to delivery will be subject to a cancellation fee, which shall include any amounts already paid by Contractor for the procurement of the Equipment and any costs associated with cancelling the procurement of the equipment assessed against Contractor by the manufacturer (or, if not cancellable, the remaining amounts due from Contractor to the manufacturer for the procurement of the Equipment), plus overhead and profit (the “Cancellation Fee”), which must be paid to Contractor within ten (10) business days of receipt of written notice from Contractor. Any partial payments to Contractor will be credited against the Cancellation Fee and amounts in excess of the Cancellation Fee may be refunded to City.
No cancellation shall be effective unless and until City timely and fully pays the Cancellation Fee.
13. Prior to the delivery of the Equipment, City shall provide a suitable dry area for installation of the Equipment (the ”Site”), with a minimum soil load bearing capacity of 2,500 psf, and a level Site with no more than a 1” slope per 10 feet in any direction. If City fails to comply with any of the preceding conditions (such failure, a “City Delay”), then Contractor, without penalty or prejudice, shall be entitled to an extension of time to complete its work. Any increases in price assessed against Contractor by Contractor’s subcontractors or suppliers due to any City Delay will be borne by City.
Quote # Q-526921
8/8/2025 4:58:35 PM
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote # Q-526921
Date of Quote
Quote Expiration Date:
Estimate Del Date
08/08/2025
Buyer PO#:
Buyer Name and Billing Address Site Information Seller Name Sacramento Fire Department (“Buyer”)
2409 Dean Street
Sacramento, CA 95652
Adam McKahan
Phone #: 1 (916) 767-2350
Adam McKahan
2409 Dean Street
Sacramento, CA 95652
Cell: 1 (916) 767-2350
Mobile Modular Management Corporation
a Division of McGrath RentCorp ("Seller")
Questions?
Contact: Donald Shoop
[email protected]
Direct Phone: 1 (817) 663-8527
Equipment and Accessories Qty Purchase Price Extended Purchase Price Taxable
$154,802.00 Y
$89,822.00 Y
Charges Upon Delivery Qty Charge Each Total One Time Taxable Office, 24x44 HCD (NonStd) (Non-Standard
Configuration.Size excludes 3' towbar.)
Delivery 2 $8,534.00 $17,068.00 N
Block and Level Building 1 $5,645.00 $5,645.00 N
Foundation, Installation 14 $154.00 $2,156.00 Y
Drawings 1 $895.00 $895.00 N
Essential Material Handling Fee 2 $75.00 $150.00 N
Fee, License or Registration for Sale 1 $239.92 $239.92 N Removal, Towbar/Hitch 2 $144.00 $288.00 N
Modification (Foundation Materials- Steel
piers & ABS pads) 56 $48.00 $2,688.00 Y
Service, Carpet Install, Carpet Tile
(Carpet tile installed on site) 120 $40.00 $4,800.00 N
Service, Cove Base, Install, 4" (Cove
base installed on site) 208 $5.00 $1,040.00 N
Skirting, Install 136 $20.50 $2,788.00 Y
Installation, Ramp Custom Plan
(installation of the decks, ramps & steps
for ALL 3 BUILDINGS) 1 $13,060.00 $13,060.00 N
Total Estimated Charges
Subtotal $295,441.92
Taxes $21,647.45
Total Charges (including tax) $317,089.37
Special Notes
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
BUYER SOURCEWELL MEMBER ACCOUNT ID# 18730
Additional Notes: Mobile Modular Sourcewell Contract # 1208220-MMR- (1) New 24x44 Modular Building, sale price using standard Sourcewell pricing (-) minus MM discount. Other sale items are using open market rates.
All one-time charges including delivery, block and level, foundation, drawings, skirting, etc., are priced using MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
Sourcewell Member Account ID#18730
Office, 24x44 HCD (NonStd) (Non-Standard
Configuration.Size excludes 3' towbar.) 1
Sourcewell Building price @ $150/SF x 1056 = $158,400.00 (-) minus MM discount $3,598.00 = Total $154,802.00 Ramp, Custom Plan (Large common
landing, two steps and one handicap
ramp for ALL 3 BUILDINGS) (open mkt) 1 $89,822.00
Quote # Q-526921
8/8/2025 4:58:35 PM
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote # Q-526921
Date of Quote
Quote Expiration Date:
Estimate Del Date
08/08/2025
Buyer PO#:
vendor or self-performed pricing to remain at or below the Sourcewell approved not to exceed RSMeansplus 17% Markup.
Office, 2444 HCD (NonStd) (Non-Standard Configuration. Size excludes 3' towbar.) Sourcewell Building
Block/Level: Price assumes building is installed using Mobile Modular standard foundation. Mobile Modular assumes installation on the minimum foundation design criteria/tolerances. For Additional material and labor charges apply for installing buildings above minimum foundation design criteria, raising buildings to meet specific finish floor elevations, raising building level to adjacent buildings, landings, walkways, transitions, etc.
Tie-downs: Quantity and price may vary based on seismic source factor and site conditions. Patch and repair of site after removal is not included and is the responsibility of the Customer. Wet -stamped foundation drawings and calcs are included
General: Customer's site must be dry, compacted, level (NO MORE THAN 4” OUT OF LEVEL IN ANY DIRECTION ON THE PAD WHERE THE BUILDING IS TO BE INSTALLED) and accessible by normal truck delivery. Pricing does not include any clearing or grading of sites, obstruction removal, site or final building clean up , any asphalt transitions, dolly, crane, forklift, electrical or plumbing connections, window coverings , furniture, casework, appliances, doorstops, phone or data lines, gutters, downspouts or tie-in, temporary power, temporary fencing, traffic control, flagmen, soil and/or pull test, custom engineering, fees associated with inspections, city or county submittals and/or use permits, security screens, door bars and any item not specifically listed as being inc luded.
Yes - Prevailing Wage: Pricing includes prevailing wage and certified payroll for installation work performed on site.
Skirting is non-structural, non-fire rated and cosmetic only. Skirting pricing assumes a level site.
Ramps: Site conditions may affect ramp configuration and cost. Customer is responsible for transition from end of ramp to grade and for extended or custom rails, if needed. Ramp skirting is available for an additional charge. Mobile Modular has quoted new, custom built ramps and decks.
Site Installation Requirements: Prior to delivery, Customer shall mark the four corners where the building is to be placed on the site/pad location, and shall also mark the locations of door(s) and ramp(s). Should special handling be required to position, install, or remove the classroom on Customer's site due to site conditions/constraints and/or obstructions, Customer will be responsible for additional charges. Additional rolling charges may be applicable as site conditions necessitate.
Site Plan Review: Mobile Modular is not responsible for review and verification of Customer's site plans, civil plans, soils tests/survey's, etc. It is the responsibility of the Customer to ensure the site plans and site conditions meet applicable codes and governing body approvals. This includes, but is not limited to, ensuring the building pad/site allows for standard delivery and installation based on the minimum foundation design tolerances as per applicable approved stockpile drawings/foundation design.
Quote # Q-526921
8/8/2025 4:58:35 PM
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote # Q-526921
Date of Quote
Quote Expiration Date:
Estimate Del Date
08/08/2025
Buyer PO#:
Delivery date will not be confirmed until Mobile Modular receives and approves the signed Agreement and all credit conditions have been met.
Clarifications
• The Total Price quoted in this Agreement shall be valid through the Quote Expiration Date set forth herein or for 30 days from the Date of Quote, whichever is earlier. Notwithstanding the foregoing, in the event this Agreement is signed by Buyer after the applicable expiration date, Seller shall have the option to either accept as set forth below or reject the Agreement in writing.
Seller may accept the Agreement by: (1) signing the Agreement below; (2) notifying Buyer in writing of Seller's acceptance; or (3) beginning performance of the Services set forth herein. • This transaction is subject to prior approval of Buyer’s credit to the sole satisfaction of Seller. • Buyer is responsible for proper preparation of the Site prior to delivery of the Equipment in accordance with the terms and conditions of this Agreement.
• In-fleet used Equipment is subject to availability at the time of Buyer’s signing of this Agreement. • Unless otherwise noted, all Equipment is previously leased and in used condition. Any floor plans attached or provided are conceptual only. Materials, dimensions, and specifications might vary. Detailed specifications may be available upon request.
• A down payment may be required at the time of Buyer’s execution of this Agreement, as specified in the Payment section of the Sale Terms and Conditions, or as may otherwise be specified in this Agreement. • Sales and any other taxes will be calculated based on the applicable rates at the time of invoicing and the Total Price will be adjusted accordingly.
• Unless otherwise noted, prices do not include prevailing wages, Davis-Bacon Act wages or benefits, or other special or certified wages or benefits.
Quote # Q-526921
8/8/2025 4:58:35 PM
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote # Q-526921
Date of Quote
Quote Expiration Date:
Estimate Del Date
08/08/2025
Buyer PO#:
This Sale Quotation and Agreement is entered into by and between Seller and Buyer effective as of the date signed by Buyer.
This Sale Quotation and Agreement includes the terms and conditions set forth in the following two documents (collectively, the “Agreement”), each of which is incorporated herein by this reference, and together shall collectively be one integrated contract:
1. Sale Terms and Conditions attached hereto; and
2. Supplemental Sale Terms and Conditions located at https://www.mobilemodular.com/contractterms as the same may be updated from time to time in the sole and absolute discretion of Lessor.
By signing below, Seller: (1) acknowledges and agrees that it has received, read and understands the terms of this Agreement and agrees to be bound by the terms of this Agreement, including prices and specifications, and (2) instructs Seller to make appropriate arrangements for the preparation and delivery of the Equipment identified herein. This Agreement may be executed in one or more counterparts (including through the use of electronic signatures), each of which shall be deemed an original and all of wh ich shall constitute one and the same Agreement. Upon execution of this Agreement, Seller shall generate a Sale Agreement Number, which shall be referenced on all Seller invoices.
No document provided by Buyer including, without limitation, Buyer’s purchase orders, work orders, bills of lading, or forms for receipt or acknowledgment or authorization (“Buyer Forms”), nor the terms and conditions associated with such Buyer Forms, shall amend, modify, supplement, waive, or release any term or condition of this Agreement even if such Buyer Forms are signed by an agent or representative of Seller. The terms and conditions of this Agreement shall prevail over any Buyer Forms, and any inconsistent or additional terms and conditions in Buyer Forms shall be deemed void ab initio and of no force or effect.
The individuals signing this Agreement affirm that they are duly authorized to execute this Agreement by and on behalf of the parties hereto.
SELLER: BUYER:
Mobile Modular Management Corporation
a Division of McGrath RentCorp
Sacramento Fire Department
Signature:
/InternalSigner/
Signature:
/CustomerSigner/
Name:
/InternalSignerName/
Name:
/CustomerSignerName/
Title:
/InternalSignerTitle/
Title:
/CustomerSignerTitle/
Date:
/InternalDateSigned/
Date:
/CustomerDateSigned/
Quote # Q-526921
8/8/2025 4:58:35 PM
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote # Q-526921
Date of Quote
Quote Expiration Date:
Estimate Del Date
08/08/2025
Buyer PO#:
SALE TERMS AND CONDITIONS
1. SALE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Equipment. “ Equipment” means the modular buildings identified in the Agreement, and any Accessories to be furnished by Seller to Buyer. “ Accessories” means any additions, attachments, add-ons, fitments, parts, components, or accessories to the modular buildings to be furnished by Seller to Buyer as may be specified in under this Agreement. In connection with its sale of the Equipment and Accessories, Seller shall also perform the services described in the Charges Upon Delivery and/or as clarified in the Special Notes portion of this Agreement, if applicable (the “Services”). This Agreement is not a construction contract or a contract for improvements to real estate or for the design, planning, construction, alteration, repair or maintenance of a building, structure or appurtenance. Seller is not a designer or a manufacturer of the Equipment.
2. PAYMENT. Buyer shall pay Seller the Total Price set forth in the Agreement, which shall include all amounts owed for the Equipment, Accessories, and Services and which shall be subject to adjustments for changes, unknown conditions or unforeseen circumstances, including, but not limited to, driver waiting time, special transport permits, difficult site conditions, or increases in fuel prices, in accordance with the terms of this Agreement and subject to adjustments for all applicable taxes calculated at the time o f invoicing (collectively, the “Purchase Price”) on the applicable payment schedule listed below. Notwithstanding the possible payment schedules listed below, in the event that an alternate payment schedule is specified in the Special Notes of this Agreeme nt, such alternate payment schedule shall supersede the payment schedules listed below. Any amounts not specified in the applicable payment schedule that hereafter become due from Buyer to Seller pursuant to the terms of this Agreement shall be due thirty (30) days after Buyer’s receipt of Seller’s invoice, unless a different payment period is provided herein. No payments due from Buyer shall be reduced by any abatement, setoff, or back charge of any kind whatsoever arising from any cause whatsoever. Neithe r title nor ownership of the Equipment shall pass to Buyer before the entire Purchase Price has been paid to Seller. Buyer hereby grants to Seller, to secure the payment and performance in full of all of Buyer’s obligations under this Agreement, a security interest in the Equipment consistent with the provisions of Section 18 of the Supplemental Sale Terms and Conditions.
(a) NEW EQUIPMENT AND SERVICES PAYMENT SCHEDULE.
• Fifty percent (50%) of the Total Price upon Buyer’s execution of this Agreement. • Forty percent (40%) of the Total Price no less than three (3) business days prior to the scheduled delivery of the Equipment to the Site.
• Ten percent (10%) of the Total Price Net 30 days from the date of substantial completion of Seller’s scope of work (substantial completion does not include punch list items).
(b) USED EQUIPMENT AND SERVICES PAYMENT SCHEDULE.
• Twenty-five percent (25%) of the Total Price upon Buyer’s execution of this Agreement.
• Sixty-five percent (65%) of the Total Price no less than three (3) business days prior to the scheduled delivery of the Equipment to the Site.
• Ten percent (10%) of the Total Price Net 30 days from the date of substantial completion of Seller’s scope of work (substantial completion does not include punch list items).
3. SELLER SCOPE OF WORK; EXCLUSIONS; CHANGE ORDER . Seller’s scope of work is limited to (1) the procurement and/or preparation of the Equipment and Accessories (if any) to meet the specifications set forth in this Agreement; and (2) performance of the Services. The Total Price excludes all additional services, accessories, ancillary items or equipment and additional on-site labor.
The following are obligations of the Buyer and specifically excluded from Seller’s obligations under this Agreement: (i) perm its and licensing related to the Site; (ii) Site engineering or other design services; (iii) selection or preparation of the Site (iv) utilities or temporary power, and (viii) utility connections, whether temporary or permanent. Buyer may request changes or alterations in Seller’s scope of work, which Seller may or may not agree to in Seller’s sole discretion. Any written change orders shall be incorporated by reference into this Agreement and subject to all Terms and Conditions set forth herein.
4. SCHEDULE; BUYER DELAYS.
(a) Buyer will schedule operations such that delivery and installation of the Equipment may be carried out by Seller in one continuous operation and in proper sequence. Should there be delays in the Buyer’s preparation of the Site which would delay delivery and/or installation of the Equipment, Buyer shall notify Seller no less than ten (10) days in advance of the Estimated Delivery Date . In the event Buyer fails to comply with the foregoing requirements, Buyer will reimburse Seller for actual costs and damages incurred, including a reasonable markup for overhead and profit for work performed by Seller, resulting from such delay. Any such delay resulting therefrom will extend Seller’s period of performance, which may not be a day for day extension of time.
(b) If Buyer delays delivery of the Equipment for any reason for thirty (30) days or longer from the original Estimated Delivery Date, Seller, in its sole discretion may take one or more of the following actions which Buyer shall be notified of in writing: (1) revise
Quote # Q-526921
8/8/2025 4:58:35 PM
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote # Q-526921
Date of Quote
Quote Expiration Date:
Estimate Del Date
08/08/2025
Buyer PO#:
prices to reflect current market rates for materials, equipment or services, which Seller shall notify Buyer of in a written change order prior to delivery of the Equipment; (2) require Buyer to pay any remaining balance of the Purchase Price in full; (3) require Buyer to pay a monthly fee for storage of the Equipment; and (4) terminate the Agreement and in so doing, Buyer shall be responsible for payment to Seller of a termination fee (“Termination Fee”) for the costs incurred and profits lost as a resul t of Seller’s performance of its obligations under this Agreement prior to such termination, and which must be paid to Seller within ten (10) business days of receipt of written notice from Seller. Any partial payments previously made to Seller will be credited against the Termination Fee and amounts in excess of the Termination Fee may be refunded to Buyer. In the event that Buyer fails to timely pay the Termination Fee, Seller shall have the right to collect the full Purchase Price plus all additional costs , including attorneys’ fees, incurred due to Buyer’s failure to timely take delivery of the Equipment and/or to pay such Termination Fee.
5. CANCELLATION. It is understood and agreed between the parties that, upon the Buyer’s execution of this Agreement and acceptance of all Buyer obligations set forth herein, Seller shall proceed with procurement of any materials, equipment, labor, or otherwise in the performance of its obligations hereunder and in so doing, may incur extraordinary costs and expenses. All sales are final and non - refundable upon delivery of the Equipment to the Site. Any requests to cancel this Agreement prior to delivery may or may not be accepted in Seller’s sole discretion and must be agreed upon by Seller in a writing that expressly references this Agreement an d provides all the terms and conditions of the cancellation. In the event Seller accepts a cancellation requested by Buyer, the terms of the cancellation will include a payment to Seller for the costs incurred and profits lost as a result of Buyer’s cancellation (a “Cancellation Fee”), which must be paid to Seller within ten (10) business days of receipt of written notice from Seller. Any partial payments to Seller will be credited against the Cancellation Fee and amounts in excess of the Cancellation Fee may be refunded to Buyer. No cancellation, even if accepted by Seller, shall be effective unless and until Buyer timely and fully pa ys the Cancellation Fee. In the event Seller accepts Buyer’s cancellation but Buyer fails to timely pay the Cancellation Fee, Seller shall have the right to collect the full Purchase Price plus all additional costs, including attorneys’ fees, incurred due to Buyer’s failure to complete the cancellation.
6. EQUIPMENT INSPECTION; ACCEPTANCE. Following delivery and installation of the Equipment, Buyer shall inspect the Equipment within forty-eight (48) hours of substantial completion of Seller’s scope of work for such Equipment. Buyer shall immediately notify Seller in writing of any observed d efects upon completion of such inspection and should Buyer fail to submit such written documentation within the foregoing timeframe, it shall be conclusively presumed between Buyer and Seller that Buyer has inspected the Equipment and that all Equipment is in conformance with the Agreement and has been accepted by Buyer.
7. RISK OF LOSS. All risk of loss or damage to the Equipment shall transfer to Buyer upon delivery of the Equipment to the Site.
8. INSURANCE. Upon delivery of the Equipment and until Buyer has paid for the Equipment in full, Buyer shall procure and maintain, at its sole expense (including all premiums, deductibles and self -insured retentions), (i) property insurance covering the loss, theft, destruction, or damage to the Equipment in an amount not less than the full replacement value thereof (and with a deductible no higher than $25,000), naming Seller as loss payee of the proceeds, and (ii) commercial general liability insurance (mini mum of $1,000,000 per occurrence and $2,000,000 in the aggregate) (and with a deductible no higher than $25,000), naming Seller and its designees as additional insureds. Buyer's insurance shall be primary and non -contributory to any insurance maintained by Seller or any other additional insureds. The liability insurance policy shall contain cross -liability and waiver of subrogation provisions in favor of Seller and any other additional insureds. All evidence of all required insurance shall be in a form rea sonably acceptable to Seller and with a company having an A.M. Best rating of A - (VII) or better, and shall not be subject to cancellation without thirty (30) days’ prior written notice to Seller. Buyer shall provide to Seller insurance certificates and en dorsements (including without limitation, additional insured and loss payee endorsements) evidencing compliance with the insurance requirements of this Agreement (including without limitation, the deductible amounts and waiver of subrogation) prior to delivery of the Equipment and shall maintain all required insurance coverage until Buyer has paid for the Equipment in full. Seller will not and does not provide insurance for any of Buyer’s personal property that may be in or on any Equipment. Any failure by Seller to obtain or receive certificates of insurance or any endorsements prior to delivering the Equipment to Buyer will not be deemed a waiver of Buyer’s obligations to procure and maintain the insurance specified herein.
Quote # Q-526921
8/8/2025 4:58:35 PM
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote # Q-526921
Date of Quote
Quote Expiration Date:
Estimate Del Date
08/08/2025
Buyer PO#:
9. INDEMNIFICATION. TO THE FULL EXTENT NOT PROHIBITED BY LAW, BUYER, ON BEHALF OF ITSELF, ITS SUCCESSORS,
ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, SUBCONTRACTORS, AND AFFILIATES, AND THEIR RESPECTIVE
REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, ME MBERS, SHAREHOLDERS, PARTNERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH, A “BUYER PARTY,” AND COLLECTIVELY, THE “BUYER PARTIES”) SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, SELLER, ITS SUCCESSORS, ASSIGNS, PARENTS,
SUBSIDIARIES, VENDORS AND CONTRA CTORS (INCLUDING BUT NOT LIMITED TO TRANSPORTATION AND DELIVERY
VENDORS AND CONTRACTORS), AND AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, OFFICERS, VENDORS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, FEES, COSTS, EXPENSES, CLAIMS, LIABILITIES, DAMAGES, PENALTIES, FINES, FORFEITURES, AND SUITS (INCLUDING COSTS OF DEFENSE, SETTLEMENT AND ATTORNEYS’ FEES,
ENVIRONMENTAL CONSULTANTS AND EXPERT WITNESS FEES WHETHER IN CURRED IN THE ASSESSMENT OR MANAGEMENT OF ANY CLAIM OR AT TRIAL AND ON APPEAL) (COLLECTIVELY, “LOSSES”) RELATING TO OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION : (1) ANY BREACH OR NON -
FULFILLMENT OF ANY COVENANT, AG REEMENT, OR OBLIGATION TO BE PERFORMED BY BUYER UNDER THIS
AGREEMENT, OR ANY INACCURACY IN OR BREACH OF ANY OF THE REPRESENTATIONS OF BUYER SET FORTH IN THIS AGREEMENT; (2) BUYER’S OWNERSHIP AND UTILIZATION OF THE EQUIPMENT; (3) ANY DEATH OR BODILY INJURY TO
ANY PERSON OR DESTRUCTION OR DAMAGE TO ANY PROPERTY TO WHICH THE ACTS OR OMISSIONS OF A BUYER PARTY CONTRIBUTED; OR (4) ANY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF ANY BUYER PARTY OR ANY ACTION RELATED TO OR ANY USE OF ANY EQUIPMENT. If the indemnity and defense obligations in this Paragraph are otherwise prohibited by law, Buyer agrees to indemnify, defend and hold the Indemnified Parties harmless from Losses to the maximum extent permitted by Law. The indemnity and defense obligations of the Buyer under this Paragraph and those elsewhere in this Agreement and any other related agreements (i) shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable under workers compensation acts, disability acts, or other employee benefit acts, (ii) shall survive any termination or expiration of this Agreement and shall apply to Losses arising before or after the performance of any obligation under this Agreement, (iii) shall not be construed to negate, abridge, or re duce any other rights, including rights of indemnity accorded by Law to the persons or entities indemnified, and (iv) shall not be limited or diminished in any way by insurance coverage.
10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, SELLER’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE VALUE OF THE total PRICE, AND SELLER SHALL HAVE NO LIABILITY TO BUYER OR ANY THIRD PARTY
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
11. WARRANTIES.
(a) USED EQUIPMENT. Except as specifically stated in Section 6(b) below, all Equipment is previously leased or used and will exhibit normal wear and tear consistent with other used equipment of similar age or use, including with respect to wall panel surfaces, ceiling tiles, windows, flooring, general appearance, etc. BUYER ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS SOLD “AS IS, WHERE IS, AND WITH ALL FAULTS.” SELLER MAKES NO WARRANTY, GUARANTY, OR REPRESENTATION
WHATSOEVER, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ADEQUACY OF THE SITE OR FITNESS
OF UTILITIES AT THE SITE OR THE DURABILITY, CONDITION, QUALITY, DESIGN, CAPACITY, SUITABILITY, OR PERFORMANCE OF THE EQUIPMENT; AND SELLER EXPRESSLY DISCLAIMS, WHETHER ARISING BY LAW, COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF A THIRD P ARTY. BUYER
ACKNOWLEDGES AND AGREES THAT IT HAS SELECTED AND INSPECTED ALL EQUIPMENT PRIOR TO MAKING FULL
PAYMENT OF THE TOTAL PRICE OR BEFORE ACCEPTING DELIVERY AND RISK OF LOSS, AND THAT BUYER IS SATISFIED AS TO THE EQUIPMENT’S CONDITION.
(b) NEW EQUIPMENT. Notwithstanding any disclaimer of warranties elsewhere in the Agreement, if the Equipment purchased under this Agreement is sold as new equipment and identified as such in the Agreement, Seller warrants in accordance with this Paragraph for twelve (12) months from the date of manufacture that the Equipment shall be new upon delivery and free from major defects in materials and workmanship that prevent its normal use and operation under normal use and regular service and maintenance by Buyer. New Accessories shall carry the warranty of the manufacturer, which Seller shall assign to Buyer to the extent transferable.
Provided Buyer provides written notice to Seller of any failure or defect in the Equipment within two (2) days after its disc overy and within the applicable warranty period, Seller shall replace the Equipment or repair the defect. Failure to provide timely not ice shall result in a limitation or voidance of this warranty. If Buyer does not grant access for repairs during normal working hou rs, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, Buyer shall bear the cost of any overtime labor. This warranty does not extend to any Equipment that has been subjected to improper use, damaged by accident or abuse, or repaired or altered by Bu yer without prior written authorization from Seller. THIS EXPRESS WARRANTY FOR NEW EQUIPMENT IS SELLER’S SOLE AND EXCLUSIVE
WARRANTY AND RECOURSE UNDER THIS AGREEMENT FOR NEW EQUIPMENT, AND IT IS LIEU OF, AND SELLER
EXCLUDES AND EXPRESSLY DISCLAIMS, ALL OT HER WARRANTIES, GUARANTEES, AND REPRESENTATIONS OF ANY
KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE AND (C) WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY.
Quote # Q-526921
8/8/2025 4:58:35 PM
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote # Q-526921
Date of Quote
Quote Expiration Date:
Estimate Del Date
08/08/2025
Buyer PO#:
(c) SERVICES. Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for si milar services and shall devote adequate resources to meet its obligations under this Agreement. With respect to any Services subject to a claim under the warranty set forth in this Section, Seller shall, in its sole discretion, (i) repair or re -perform the applicable Services or (ii) credit or refund the price of such Services at the pro rata contract rate. The Seller shall not be liable for a breach of the warranties set forth in this Section unless: (i) Buyer gives written notice of the defective or non-conforming Goods or Services, as the case may be, reasonably described, to Seller within three (3) months of Seller’s performance of the Services and within four (4) days of the time when Buyer discovers the defect. This warranty does not extend to any defect caused by accident or abuse, or repaired or altered by Buyer without prior written authorization from Seller. EXCEPT FOR THE SERVICES WARRANTIES SET FORTH IN THIS SECTION, SELLER MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
(d) MANUFACTURER WARRANTIES. Seller hereby assigns to Buyer any warranties applicable to the Equipment received from a manufacturer to the extent such warranties are still applicable, in force and assignable. Buyer hereby waives, and agrees that it will not assert, any claim of any nature whatsoever against Seller based on any manufacturer warranties. If any manufacturer warranties that remain valid and in force cannot be assigned or made available to Buyer, Seller agrees to use reasonable efforts at Buyer’s cost to enforce such warranties.
12. DEFAULT; REMEDIES OF SELLER. Each of the following shall constitute an " Event of Default": (1) Buyer’s failure to make any required payment to Seller within ten (10) calendar days after its due date, including but not limited to Buyer’s failure to make timely payments in accordance with the payment schedules in Section 2(a) through 2(b) hereof; (2) Buyer’s failure in the performance of any other obligation under this Agreement and the continuance of such default for ten (10) calendar days after written noti ce thereof by Seller to Buyer; (3) any warranty, representation or statement made or furnished to Seller by or on behalf of Buyer proves to be false in any material respect; (4) any uninsured loss, theft, damage or destruction to, or the attempted sale or encumbrance by Buyer of, the Equipment, or any levy, seizure or attachment thereof or thereon, prior to payment of the Purchase Price in full; (5) Buy er’s insolvency, dissolution, winding up, termination of existence, or cessation or discontinuance of busi ness prior to payment of the Purchase Price in full; (6) the appointment of a receiver of any part of, the assignment for the benefit of creditors by, or the commencement of any proceedings under any bankruptcy, reorganization or arrangement laws by or aga inst, the Buyer prior to payment of the Purchase Price in full. Buyer acknowledges that any Event of Default will substantially impair the value of th is Agreement to Seller; or (7) Buyer’s breach of any other agreement between Buyer and Seller, regardless of whether the effective date of such agreement is before or after the Effective Date. Upon the occurrence of any Event of Default and any time thereafter prior to payment of the Purchase Price in full, Seller may exercise one or more of the following remedies: (1) terminate this Agreement; (2) declare all unpaid payments under this Agreement to be immediately due and payable; (3) direct Buyer at its expense to prompt ly prepare the Equipment for pickup by Seller and take possession of the Equipment wherever found, and for this purpose enter upon any premises of Buyer and remove the Equipment, without any liability to Buyer or requirement for a suit, action, bond or oth er proceedings; (4) use, hold, sell, lease or otherwise dispose of the Equipment on the Sit e or any other location without affecting the obligations of Buyer as provided in this Agreement; (6) proceed by appropriate action either in law or in equity to compel Bu yer’s performance or to recover damages sufficient to ensure that Seller receives the full benefit of it bargain under this Agreement, plus attorneys’ fees and any other expenses paid or incurred by Seller in connection with repossession, holding, repair and subseq uent disposition of the Equipment; (7) apply any deposit or down payment spe cified in this Agreement to payment of Seller’s costs, expenses and attorneys’ fees incurred in enforcing this Agreement (provided, however, nothing herein shall be construed to me an that Seller’s damages are limited to the amount of such deposit or down payment); and (8) exercise any and all other rights of Seller under applicable law. These rights and remedies are nonexclusive and may be exercised concurrently or separately. Seller’s waiver of any Event of Default shall not constitute a waiver of any othe r Event of Default or of any other right under this Agreement or applicable law.
Sale Terms and Conditions, Rev01/14/25