Agenda Item
iii. Approval to Purchase, Delivery, and Set-Up of Modular Buildings from Mobile Modular Management Corporation for Six School Based Health Clinics (Not to exceed $3,761,097.50) ~ Updated 6.10.2024
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education approve the purchase of six (6) modular buildings from Mobile Modular Management Corporation to support the School Based Health Clinic program for an amount not to exceed $3,761,097.50. The modular buildings will be placed at Flat Rock ES, Indian Creek ES, Oak View ES, Browns Mill ES, Pine Ridge ES, and Pleasantdale ES.
Why: To approve the purchase of six (6) modular buildings to support the School Based Health Clinic program.
Details: The proposed modular buildings will be used to support the DCSD School Based Health Clinic initiative. The intent of the initiative is to increase students’ access to quality health care, improve academic achievement by decreasing absences related to illnesses, improve the overall health of students, and increase community collaboration.
In 2015, Partners for Equity in Child and Adolescent Health (Partners), formerly known as the Urban Health Program, established a framework to “enhance the well-being of Georgia’s children by increasing access to healthcare and improving the delivery of healthcare to underserved children and adolescents throughout the state.” Under the Partners’ program, the number of SCBCs increased from 2 to 48 since 2013.
Voices for Georgia’s Children compiled a comprehensive overview of information regarding school-based health centers in Georgia. Their review describes the problem of access to quality health care, benefits of school-based centers, cost-saving information, and school successes in Georgia. Overall results indicated that school-based health centers improve outcomes for students by improving their academic achievements.
The schools will monitor the absenteeism of students with chronic illnesses to determine the level of effectiveness of the school-based health center.
On June 23, 2020, E&I Cooperative Services issued an RFP for Modular Buildings, Installation, Removal, Storage Units, Supplies and Services (Modular Buildings). Mobile Modular Management Corporation was awarded a five (5) year agreement effective November 1, 2020, to October 31, 2025, No. CNR01522. On May 17, 2021, the DeKalb County Board of Education entered into that certain Member Specific Agreement to Master Agreement CNR01522 with an initial one (1) year term and four (4) one-year option renewal periods. The Board has authorized its renewal option for the Member Specific Agreement under the same terms as the initial term which remains in effect.
Financial impact: The total amount of $668,738.75 will be paid from the ESSER III budget for the purchase, delivery and set up of the modular clinic building at Flat Rock Elementary School.
The total amount of $668,738.75 will be paid from the ESSER III budget for the purchase, delivery and set up of the modular clinic building at Indian Creek Elementary School.
The total amount of $605,905.00 will be paid from the General Fund budget for the purchase, delivery and set up of the modular clinic building at Oak View Elementary School.
The total amount of $605,905.00 will be paid from the General Fund budget for the purchase, delivery and set up of the modular clinic building at Browns Mill Elementary School.
The total amount of $605,905.00 will be paid from the General Fund budget for the purchase, delivery and set up of the modular clinic building at Pine Ridge Elementary School.
The total amount of $605,905.00 will be paid from the General Fund budget for the purchase, delivery and set up of the modular clinic building at Pleasantdale Elementary School.
*Region 1 - Doraville United ES - Completed
*Region 7 - McNair Discovery Learning Academy (tentatively scheduled to open August 2024)
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-1447
Mr. Richard Boyd, Director of Design and Construction, Division of Operations, 678-676-1483
Effective: Upon Board approval
Status: Approved by General Counsel
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote # Q-449398
5700 Las Positas Rd Date of Quote 06/10/2024
Livermore, CA 94551
925-606-9000 Quote Expiration Date: 07/10/2024
www.mgrc.com Estimate Del Date 04/17/2024
Buyer PO#:
Buyer Name and Billing Address Site Information Seller Name
Dekalb County School System (“Buyer”) Richard Boyd Mobile Modular Management Corporation
1780 Montreal Road 4863 Browns Mill Road a Division of McGrath RentCorp ("Seller")
Tucker, GA 30084 Stonecrest, GA 30038 Questions?
Donta Collins Cell: 1 (678) 676-1483 Contact: Wendy Genske
Phone #: 1 (678) 676-1200 wendy.genske@mobilemodular.com
Direct Phone: 1 (404) 640-3763
Equipment and Accessories Qty Purchase Price Extended Purchase Price Taxable
Custom 3 Floor Building (Prepayment Required
for Delivery) 1 $318,600.00 N
Charges Upon Delivery Qty Charge Each Total One Time Taxable
Custom 3 Floor Building (Prepayment Required
for Delivery)
Delivery 3 $1,800.00 $5,400.00 N
Block and Level Custom Building 1 $26,800.00 $26,800.00 N
Essential Material Handling Fee 3 $75.00 $225.00 N
Delivery Haulage Fuel 3 $270.00 $810.00 N
Additional Labor, On Blvl, Other (212 LF
faux brick skirting) 1 $20,140.00 $20,140.00 N
Total Estimated Charges
Subtotal $371,975.00
Taxes $0.00
Total Charges (including tax) $371,975.00
Special Notes
Additional Information
• Quote is valid for 30 days.
• Buyer’s site must be dry, compacted, level and accessible by normal truck delivery. Costs to dolly, crane, forklift, etc. will be paid by
Buyer. Unless noted, prices do not include permits, stairs, foundation systems, temporary power, skirting, engineering, taxes or
utility hookups.
• Subject to equipment availability. Unless noted, equipment and related furnishings, finishes, accessories and appliances provided
are previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon request.
• This transaction is subject to prior credit approval
• Down Payment required upon execution of agreement.
• Sales Tax will be calculated based on the tax rate at the time of invoicing.
• Unless otherwise noted, prices do not include prevailing wages, Davis-Bacon wages, or other special or certified wages.
Quote # Q-449398 Page 1 of 5
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Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote # Q-449398
5700 Las Positas Rd Date of Quote 06/10/2024
Livermore, CA 94551
925-606-9000 Quote Expiration Date: 07/10/2024
www.mgrc.com Estimate Del Date 04/17/2024
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:
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 which 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 Dekalb County School System
a Division of McGrath RentCorp
/InternalSigner/ /CustomerSigner/
Signature: Signature:
/InternalSignerName/ /CustomerSignerName/
Name: Name:
/InternalSignerTitle/ /CustomerSignerTitle/
Title: Title:
/InternalDateSigned/ /CustomerDateSigned/
Date: Date:
Quote # Q-449398 Page 2 of 5
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Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote # Q-449398
5700 Las Positas Rd Date of Quote 06/10/2024
Livermore, CA 94551
925-606-9000 Quote Expiration Date: 07/10/2024
www.mgrc.com Estimate Del Date 04/17/2024
Buyer PO#:
SALE TERMS AND CONDITIONS
1. SALE. Seller sells to Buyer, and Buyer purchases from Seller, the equipment listed on the Agreement hereto (“Equipment”) on the terms and
conditions set forth herein. This Agreement constitutes a separate and independent sale (a “Sale”) of the Equipment specified in the Agreement.
2. TIME PAYMENT; TITLE RETENTION.
(a) PURCHASE PRICE. The aggregate amount of the purchase price (the “Purchase Price”) is set forth in the Agreement. Unless otherwise
specified in writing, Buyer agrees to pay Seller twenty five percent (25%) of the Purchase Price upon execution of the Agreement; sixty five
percent (65%) no fewer than two days prior to the scheduled delivery date; and the remaining ten percent (10%) within thirty (30) days of
substantial completion (substantial completion does not include punch list items). In addition to the Purchase Price, Buyer shall pay such
charges as are attributable to circumstances related to the delivery, drop-off and relocation of Equipment.
(b) TITLE/RETENTION. Title to the Equipment shall not pass to Buyer before the entire Purchase Price has been paid to Seller. Upon Seller’s
receipt of payment in full of the Purchase Price, title to the Equipment shall transfer to Buyer, free and clear of all encumbrances arising by
or through Seller. All payments due from Buyer pursuant to the terms of the Agreement shall be made without any abatement or set off of
any kind, arising from any cause.
2. CANCELLATION. All sales are final and non-refundable upon delivery of the Equipment to Buyer’s site location. Any requests to cancel or
reschedule orders prior to delivery may or may not be accepted in Seller’s sole discretion and must be agreed upon by Seller in writing. Without
waiving any of its rights, Seller is entitled to recover its costs incurred and profits lost as a result of Buyer’s cancellation or rescheduling of an
order. A cancellation fee may be assessed against Buyer. In no event shall such fee exceed the full value of the Agreement. If Buyer has made
down payment(s) to Seller prior to cancellation and the cancellation fee is less than the amount(s) already paid, Seller shall deduct the amount
of the cancellation fee from any refund that may be owed to Buyer. If down payment amount(s) already made are less than the cancellation fee,
Seller shall apply the full down payment amount(s) to the payment of the cancellation fee and Buyer will pay the remaining cancellation fee
balance within ten (10) business days after receiving written notice of the balance due. If no down payment has been made by Buyer at the time
of cancellation, Buyer shall pay to Seller the entire cancellation balance within ten (10) business days of receipt of written notice from Seller
stating the cancellation fee balance that is due.
3. DELIVERY AND PLACEMENT OF EQUIPMENT. Seller agrees to deliver the Equipment to the site location listed on the Agreement (the
“Site”). Buyer warrants and represents that it has exercised due diligence and care in selecting a suitable site for the Equipment, shall clearly
mark the site of placement and shall direct Seller on exact placement and orientation of the Equipment. Upon request from Buyer and for an
additional fee, Seller will perform a site visit and make recommendations on placement as it relates to site accessibility and layout. Buyer further
warrants that the Site will have (1) safe access free from encumbrances; (2) a level pad, which is hereby defined as having no greater than a 4-
inch drop in 40 feet (length) and no greater than a 1-inch drop in 8 feet (width); and (3) adequate soil bearing pressure of not less than 1500 psf,
except in the state of Florida, where the minimum soil bearing pressure is 2000 psf. Following delivery, Seller will remove all Seller-owned
Equipment such as plywood, tools, etc. prior to or at the time of building acceptance. Buyer is responsible for all necessary permits, utility
hookups, and Site preparation.
4. INSPECTION AND ACCEPTANCE. Following delivery and setup of the Equipment, Buyer shall inspect the Equipment within forty-eight (48)
hours of substantial completion and provide immediate written notice to Seller specifying defects, if any, which Buyer observes. If Buyer fails
to provide such notice within four (4) days following substantial completion of the project, 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.
5. BUYER AGREEMENTS. Buyer agrees that Seller may insert in the Agreement, the serial number and other identification data relating to the
Equipment when ascertained by Seller.
6. LOSS OR DAMAGE. All risk of loss or damage to the Equipment shall transfer to Buyer upon delivery of the Equipment to the site location.
Buyer agrees to indemnify and hold Seller harmless from any loss resulting from the theft, destruction or damage to the Equipment. The cost of
any required repairs shall be borne by Buyer. Any loss of or damage to the Equipment shall not alleviate Buyer’s obligation to pay Seller any
remaining balance of the Purchase Price existing at the time of the loss.
7. INSURANCE. Upon delivery of the Equipment and until Buyer has paid for the Equipment in full, Buyer shall provide, maintain, and pay all
premiums for property insurance covering the loss, theft, destruction, or damage to the Equipment in an amount not less than the full replacement
value and will name Seller as loss payee of the proceeds, unless Buyer has paid Seller the entire purchase price in full prior to the scheduled
delivery of the Equipment. This coverage will extend to all property of Seller located at the delivery site during the installation. Upon receipt of
the proceeds of any insurance, Seller will refund to Buyer any amounts in excess of the balance due Seller by the Buyer in fulfilling the obligations
specified herein. Notwithstanding the above, Buyer shall also provide, maintain, and pay all premiums for general liability insurance in the amount
of $1,000,000.00 (one million dollars) and name Seller as an additional insured. All insurance shall be with a company having an A.M. Best
rating of A- or better, and shall not be subject to cancellation without thirty (30) days prior written notice to Seller. Buyer shall deliver to Seller
insurance certificates, or evidence of insurance proving the existence of policies meeting the above requirements, upon execution of the
Agreement. Seller may require Buyer’s insurance carrier to be licensed to do business in the state where the Equipment is being sold. Buyer’s
obligation to provide said insurance will cease once Equipment has been paid for in full and pursuant to Section 2.
Quote # Q-449398 Page 3 of 5
6/10/2024 12:55:43 PM
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote # Q-449398
5700 Las Positas Rd Date of Quote 06/10/2024
Livermore, CA 94551
925-606-9000 Quote Expiration Date: 07/10/2024
www.mgrc.com Estimate Del Date 04/17/2024
Buyer PO#:
8. WAIVER AND INDEMNIFICATION.
(a) Buyer hereby waives and releases all claims against Seller for (i) loss of or damage to all property, goods, wares and merchandise in, upon
or about the Equipment and (ii) injuries to Buyer, Buyer’s agents and third persons. Seller shall not be liable for any consequential, incidental,
or special damages of any kind (including, but not limited to damages for loss of use or of profit by Buyer or any other party; or for any collateral
damages), whether or not caused or continued by Seller’s negligence or delay, which may result from or arise in connection with the manufacture,
delivery, installation, checkout or use of the Equipment or in connection with the services rendered by Seller hereunder.
(b) Buyer shall indemnify and hold Seller (and its agents and employees) harmless from and against any and all claims, actions or proceedings
and any and all damages, liabilities, losses, costs and expenses (including attorney fees) arising out of or in connection with the Agreement,
including all damages, liabilities, losses, costs and expenses arising from Seller’s negligence. If the foregoing obligation is not enforceable
against Buyer under applicable law, Buyer agrees to indemnify and hold Seller harmless from damages, liabilities, losses, costs and expenses
to the maximum extent permitted by applicable law.
9. TERMINATION FOLLOWING BREACH. In the event (a) of bankruptcy or insolvency of Buyer, or in the event any proceeding is brought by
or against Buyer voluntarily or involuntarily, under the provisions of the Bankruptcy Code of the United States, for the appointment of a receiver
or trustee or any assignment for the benefit of creditors of Buyer, or (b) that Buyer fails to make timely payments, or perform any of its other
obligations, under the Agreement, and such failure or default is not cured within ten (10) days after written notice of such failure or default is
provided by Seller, the Agreement automatically shall be terminated in the case of any event described in clause (a) above and may be
terminated by Seller in the case of any event described in clause (b) above and, upon such termination, full payment pursuant to the terms of
the Agreement shall become immediately due and payable from Buyer. In the event of any such breach or termination, Seller shall have all
rights provided by law and under the terms and conditions of the Agreement, including but not limited to: repossession and disposal of the
Equipment (and, if any personal property shall remain located in the Equipment at such time, Buyer consents to Seller’s possession and disposal
or destruction of such personal property without notice or accounting to Buyer) and recovery of attorney’s fees and other reasonable costs and
expenses associated with any breach or termination (including any such disposal or destruction), shall be reimbursed by Buyer on demand of
Seller.
10. GOVERNING LAW. Buyer and Seller agree that the Agreement shall be governed in all respects by, and interpreted in accordance with the
laws of, the State of California, without regard to its conflicts of laws provisions.
11. JURISDICTION.
(a) If the law of the State of Maryland or Virginia shall apply to the Agreement, it is agreed that the venue for a legal action relating to the
Agreement shall be proper if brought in Alameda County, State of California. Subject to Section 9, the prevailing party shall be entitled to recover
reasonable attorneys’ fees and court costs, whether or not the action proceeds to judgment.
(b) If the law of any State other than Maryland shall apply to the Agreement, the Federal District Courts located within the State of California
shall have non-exclusive jurisdiction over any lawsuit brought by Buyer or Seller as a result of any dispute regarding matters arising in connection
with the Agreement. Further, it is agreed that the venue for a legal action relating to the Agreement shall be proper if brought in Alameda County,
State of California. Subject to Section 9, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs, whether
or not the action proceeds to judgment.
12. SELLER’S EXPENSES. Buyer shall pay Seller all costs and expenses, including reasonable attorneys’ fees, incurred by Seller in exercising any
of the terms, conditions or provisions of the Agreement.
13. LICENSE AND TRANSFER FEE(S). If so listed on the Agreement, the Purchase Price includes license and/or transfer fees. Buyer will be billed
directly by the State for future annual license fees where applicable.
14. COMPLIANCE WITH LAW. Buyer assumes all responsibility for any and all licenses, clearances, permits and other certificates as may be
required for Buyer’s lawful operation, use, possession and occupancy of the Equipment. Buyer agrees to fully comply with all laws, rules,
regulations and orders of all local, state and federal governmental authorities which in any way relate to the Equipment; and to indemnify and
hold Seller harmless from any and all fines, forfeitures, seizures, penalties or other liabilities that may arise from any infringement or violation of
any such law, rule, regulation or order.
15. FEDERAL CONTRACTOR. As a federal contractor, Seller’s contracts are subject to the provisions of (i) Executive Order 11246, (41 CFR 60-
1.4); (ii) section 503 of the Rehabilitation Act of 1973, (41 CFR 60-741.5(a); and (iii) section 4212 of the Vietnam Era Veterans Readjustment
Act of 1974, (41 CFR 60-300.5(a). Seller shall abide by the requirements of 41 CFR 60-741.5(a) and 41 CFR 60-300.5(a). These regulations
prohibit discrimination against qualified individuals on the basis of disability, and qualified protected veterans, and require affirmative
action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities,
and qualified protected veterans.
16. MISCELLANEOUS.
(a) MODIFICATIONS AND AMENDMENTS. Representations and warranties made by any person, including agents and representatives of
Seller, which are inconsistent or conflict with the terms of the warranty contained in Section 1 of the Incorporated Provisions on the website
(including but not limited to the liability of Seller as set forth above) shall not be binding upon Seller unless reduced to writing and approved by
Quote # Q-449398 Page 4 of 5
6/10/2024 12:55:43 PM
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote # Q-449398
5700 Las Positas Rd Date of Quote 06/10/2024
Livermore, CA 94551
925-606-9000 Quote Expiration Date: 07/10/2024
www.mgrc.com Estimate Del Date 04/17/2024
Buyer PO#:
an officer of Seller. Notwithstanding the foregoing, from time to time, Buyer or Seller may request modifications to the scope of work hereunder,
which at the sole option of the Seller may be accepted and thus alter the final price stipulated herein. These changes in scope will be deemed
approved by Buyer when evidence of work performance is presented by Seller.
(b) NO WAIVER. Failure of Seller to enforce any term or condition of the Agreement shall not constitute waiver of any rights stipulated herein,
nor shall it in any manner affect the rights of Seller to enforce any of the provisions stated herein. Waiver by Seller of any provision of the
Agreement shall be valid only as provided in subsection (a) above and only with respect to the specific matter to which such waiver relates.
(c) If the law of the State of North Carolina shall apply to the Agreement, the does not constitute a “construction contract” or otherwise relate to
the improvement of real estate or the design, planning, construction, alteration, repair or maintenance of a building, structure or appurtenance.
17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Seller and Buyer regarding the subject matter hereof. If
any part of the Agreement is found to be invalid or illegal, Buyer and Seller agree that only the invalid or illegal portion of the Agreement will
be eliminated.
Sale Terms and Conditions, Rev12/12/16
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