HomeMy WebLinkAbout25C048 - United Rental (North America) Inc.CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Equipment Rental Services
United Rental (Northa Amaerica), Inc.
Nathan Getz, Strategic Manager
ngetz@ur.com
Equipment Rental Services - Sourcewell 040924-URI
$375,000.00
3 Years
on file
John Zwahlen
Nathan Getz
Public Works / Fleet
David McAbee / Daniel Martinez
March 12, 2025; item # 1F
25C048
N/A
Yes
Yes
Yes
Department
N/A
No 040924-URI
Sourewell
yes
05/01/2025 Michele Alley
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COOPERATIVE PURCHASE AGREEMENT 25C048
EQUIPMENT RENTAL SERVICES
This Cooperative Purchase of Equipment Rental Services Agreement
(“Agreement”) is entered into by and between the City of Palm Springs, a California
charter city and municipal corporation (“City”) and United Rentals (North America), Inc.,
a Delaware corporation, herein after designated as the Contractor. City and Contractor
are sometimes individually referred to as “Party” or collectively as “Parties” in this
Agreement.
1. Background.
a. This Agreement is made and entered into in reference to the competitively
solicited SOURCEWELL Contract No. 040924-URI with Contractor
(“Cooperative Agreement”).
b. The City desires to utilize the equipment rental services for the Maintenance &
Facilities department attached hereto as Attachment “A”, the content of which
is incorporated by reference to this Agreement as if fully set out her in its
entirety.
c. Contractor desires to perform said services on the terms and conditions set
forth in this Agreement.
2. Term. Unless earlier terminated in accordance with Section 10 of this Agreement, this
Agreement shall continue in full force and effect, commencing on February 27, 2025,
and ending on February 26, 2028. The parties may mutually extend the term of this
Agreement for up to two (2) additional 1-year periods (“Option Period(s)”), provided,
the parties do so in writing prior to the expiration of the original term of the then-current
Option Period
3. Compensation and Payment. This Agreement is for an amount not to exceed
$375,000.00, subject to approved amendments and changes. All pricing must be in
accordance with the Sourcewell contract pricing, as shown as Attachment “B”, the
content of which is incorporated by reference into this Agreement as if fully set out
here in its entirety.
4. Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations
are not made, this Agreement shall automatically terminate without penalty to City.
5. Insurance. Contractor shall procure and maintain, at its sole cost and expense,
policies of insurance as set forth in the attached Attachment "C", incorporated herein
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by reference. If no insurance is required Attachment “C” will reflect that there are no
requirements.
6. Indemnification. To the fullest extent permitted by law, Contractor shall defend (at
Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the
“Indemnified Parties”), from and against any and all liabilities, actions, suits, claims,
demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and attorney fees
(collectively “Claims”), including but not limited to Claims arising from injuries to or
death of persons (Contractor’s employees included), for damage to property, including
property owned by City, for any violation of any federal, state, or local law or ordinance
or in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct committed by Contractor, its officers, employees,
representatives, and agents, that arise out of or relate to Contractor’s performance of
Services or this Agreement. This indemnification clause excludes Claims arising from
the sole negligence or willful misconduct of the Indemnified Parties. Under no
circumstances shall the insurance requirements and limits set forth in this Agreement
be construed to limit Contractor’s indemnification obligation or other liability under this
Agreement. Contractor’s indemnification obligation shall survive the expiration or
earlier termination of this Agreement until all actions against the Indemnified Parties
for such matters indemnified are fully and finally barred by the applicable statute of
limitations or, if an action is timely filed, until such action is final.
7. Notice. Any notice required under this Agreement must be given by fax, hand delivery,
or certified mail, postage prepaid, and is deemed received on the day faxed, or hand
delivered or on the third day after postmark if sent by certified mail. Notice must be
sent as follows:
IF TO THE CITY: IF TO THE CONTRACTOR:
City of Palm Springs United Rentals (North America), Inc.
Attn: City Manager/ City Clerk Attn: Nathan Getz
3200 E. Tahquitz Canyon Way 100 First Stamford Pl, Ste 700
Palm Springs, CA 92262 Stamford, CT 06902
8. Compliance with Law. Contractor shall comply with all applicable federal, state, and
local laws, statutes and ordinances and all lawful orders, rules, and regulations when
performing the Services. Contractor shall be liable for all violations of such laws and
regulations in connection with this Agreement.
9. Changes. In the event any change or changes in the work is requested by City, Parties
shall execute a written amendment to this Agreement, specifying all proposed
amendments, including, but not limited to, any additional fees. An amendment may
be entered into:
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A. To provide for revisions or modifications to documents, work product, or Work,
when required by the enactment or revision of any subsequent law; or
B. To provide for additional work not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Contractor’s
profession.
10. Termination Prior to Expiration of Term. City may terminate this Agreement at any
time, with or without cause, upon thirty (30) days written notice to Contractor. Where
termination is due to the fault of Contractor and constitutes an immediate danger to
health, safety, and general welfare, the period of notice shall be such shorter time as
may be determined by the City. Upon receipt of the notice of termination, Contractor
shall immediately cease all Services except such as may be specifically approved by
the Contract Officer. Contractor shall be entitled to compensation for all Services
rendered prior to receipt of the notice of termination and for any Services authorized
by the Contract Officer after such notice. City shall not be liable for any costs other
than the charges or portions thereof which are specified herein. Contractor shall not
be entitled to payment for unperformed Services and shall not be entitled to damages
or compensation for termination of Work. If the termination is for cause, the City shall
have the right to take whatever steps it deems necessary to correct Contractor's
deficiencies and charge the cost thereof to Contractor, who shall be liable for the full
cost of the City's corrective action. Contractor may not terminate this Agreement
except for cause, upon 30 days written notice to City.
11. Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin (i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a “prohibited
basis”). Contractor shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City’s lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Contractor is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting.
12. Compliance with Economic Sanctions in Response to Russia's Actions in
Ukraine. When funding for the services is provided, in whole or in part, by an agency
controlled of the State of California, Consultant shall fully and adequately comply with
California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this
compliance process, Consultant shall also certify compliance with the Russian
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Sanctions Program by completing the form located in Attachment “D” (Russian
Sanctions Certification), attached hereto and incorporated herein by reference.
Consultant shall also require any subconsultants to comply with the Russian
Sanctions Program and certify compliance pursuant to this Section.
13. Entire Agreement. This Agreement, along with the Cooperative Agreement
constitutes the entire agreement between the parties concerning the subject matter of
this Agreement and supersedes all prior negotiations, arrangements, agreements and
understandings, either oral or written between the parties. In the event of conflict or
inconsistency between this Agreement and the Cooperative Agreement, this terms
and conditions in this Agreement shall prevail.
[Signature Page Follows]
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SIGNATURE PAGE TO COOPERATIVE PURCHASE OF EQUIPMENT RENTAL
SERVICES – AGREEMENT BETWEEN THE CITY OF PALM SPRINGS
AND UNITED RENTALS (NORTH AMERICA), INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________
Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________
City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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5/6/2025
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ATTACHMENT A
SCOPE OF WORK
The Scope if the Services will be as outlined in the Sourcewell Contract 040924-URI. Services
include rental of equipment, used equipment sales and equipment service and maintenance.
Prices are outlined on the following pages for the current year.
https://www.sourcewell-mn.gov/cooperative-purchasing/040924-URI
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ATTACHMENT B
QUOTE / PRICING
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ATTACHMENT C
INSURANCE REQUIREMENTS
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ATTACHMENT D
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all
agencies and departments that are subject to the Governor’s authority to (a) terminate any
contracts with any individuals or entities that are determined to be a target of economic sanctions
against Russia and Russian entities and individuals; and (b) refrain from entering into any new
contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with
the City of Palm Springs funded through grant funds provided by the State of California; and/or
(2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the
City of Palm Springs with State of California grant funds, certify that the person is not the target
of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor
is not a target of any economic sanctions against Russian and Russian entities and individuals
as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to
legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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District Manager
John Zwahlen
United Rentals
5/6/2025
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid:$161.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name:UNITED RENTALS
DBA:
Owner:Jon Poole
Mailing Address:251 Little Falls DR Suite 700
Wilmington, DE 06902
License Number:OC-002773-2023
Expiration Date:10/31/2025
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:100 First Stamford PL Suite 700,
Samford, CT 06902
Business Description:EQUIP
RENTAL/SALES/SERVICE
TO BE POSTED IN A CONSPICUOUS PLACE
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