HomeMy WebLinkAbout1I OCRCITY COUNCIL STAFF REPORT
Date: October 22, 2020 CONSENT CALENDAR
Subject: APPROVAL OF A SEVEN-MONTH LEASE AGREEMENT FOR ONE
AIRCRAFT RESCUE AND FIREFIGHTING VEHICLE FOR THE PALM
SPRINGS INTERNATIONAL AIRPORT
From: David H. Ready, City Manager
Initiated by: Aviation Department
SUMMARY
This action will consider approving a seven-month lease agreement with Firetrucks
Unlimited of Henderson, Nevada, for one Aircraft Rescue and Firefighting (ARFF) truck
to continue to be used as backup to the current Palm Springs International Airport ARFF
fleet.
RECOMMENDATION:
1) Approve the lease of one Aircraft Rescue and Firefighting truck from Firetrucks
Unlimited of Henderson, Nevada from November 17, 2020, to June 21, 2021, for
a cost of $4,500 per month, plus $1,900 return freight charges, totaling $33,400
(Attachment 1 ).
2) Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The attached Public Integrity Disclosure form (Attachment 2) identifies Firetrucks
Unlimited as an LLC registered in the State of Nevada, whose officers consist of
Cynthia Reyburn and Stewart Reyburn, each owing 50% of the company. Brian
Reyburn is also an employee of the company and Firetrucks Unlimited is based at 1175
Center Point Drive, Henderson, Nevada.
BACKGROUND:
The Federal Aviation Administration (FAA) Code of Federal Regulations (CFR) Part 139
requires airports with scheduled commercial air carrier service to provide and maintain
specialized ARFF vehicles. The minimal number and size of ARFF vehicles at an
ITEMNO. JI
2City Council Staff Report October 22, 2020 -Page 2 Lease of One ARFF Truck from Firetrucks Unlimited, LLC. airport is determined by the size of aircraft using the airport and frequency of operations. Palm Springs International Airport, classified as an Index C airport, must always have at minimum two (2) 1500-gallon Class 4 ARFF vehicles ready to provide immediate response to aircraft emergencies as specified under Federal Aviation Administration Index C requirements. The Airport's current ARFF vehicles were procured through an FAA grant in 2003. Due to the age (16 years) and condition of the existing ARFF fleet, the FAA approved the City's request for a grant to purchase two ARFF vehicles. At the June 5, 2019 meeting, City Council approved acceptance of FAA Grant No. 3-06-0181-056-2019 and the procurement of two ARFF vehicles. In response to Palm Springs IFB 20-01, issued on February 20, 2020, City Council approved at its May 21, 2020 meeting the award of contract to Oshkosh Airport Products, LLC of Neenah, Wisconsin to construct two new ARFF vehicles, with an anticipated delivery date of June 2021. STAFF ANALYSIS: Because of increasing mechanical breakdowns and costs associated with maintaining the existing trucks, and the long lead time to obtain the new vehicles, City Council approved at its July 24, 2019 meeting the lease of one backup ARFF truck from Firetrucks Unlimited, LLC (Attachment 3). The backup ARFF truck was intended to reduce the chance of not having sufficient equipment to meet FAA criteria if the Airport's existing ARFF trucks were placed out of service. The initial fifteen-month lease agreement with Firetrucks Unlimited, LLC for the backup ARFF vehicle commenced on August 17, 2019, with a rental rate of $6,000 per month and will terminate on November 16, 2020. Staff is seeking approval to enter a new lease with Firetrucks Unlimited, LLC for an additional seven months to correspond with the estimated delivery date in June 2021 of the two new ARFF trucks. Due to the length of the existing lease ( 15 months) and the current request for an additional seven months extension, Firetrucks Unlimited agreed to the Airport's request to lower the lease rate. The new negotiated rate will be $4,500 per month, plus return freight charges of $1,900. The Airport expects to return the backup ARFF vehicle upon receipt of the new two new ARFF vehicles in June 2021. However, if delivery is delayed, the Airport requests authorization to extend the lease on a month-to-month basis under the same terms.
3City Council Staff Report October 22, 2020 -Page 3 Lease of One ARFF Truck from Firetrucks Unlimited, LLC. FISCAL IMPACT: The seven-month lease and return freight charges amount to $33,400, and funding will be provided through account 415-6050-43200. SUBMITTED: <..... -.. J -::::::> ~--.....:::;...,~ David H. Ready, Esq., P Ulises Aguirre City Manager Interim Executive Director of Aviation Attachments: 1. Lease Agreement 2. Public Integrity Disclosure Form 3. City Council Staff Report 07-24-19
4ATTACHMENT 1
5Equipment Lease Agreement This Equipment Lease Agreement ("Agreement"), effective this _ day of __ 2020, is by and between Palm Springs International Airport located at 3400 E Tahquitz Canyon Way, Suite 1 Palm Springs CA 92262 hereinafter called "Lessee," and Firetrucks Unlimited, LLC located at 1175 Center Point Dr. Henderson NV 89074 hereinafter called "Lessor" (the "parties"). THE FOLLOWING TERMS AND CONDITIONS APPLY: 1. Lessor shall lease to Lessee for seven (7) month(s), one (1) ARFF fire apparatus vehicle (the "Apparatus" or "vehicle"), at a rental rate of $4,500 (four thousand five hundred dollars) per month. The rental term shall commence on the date this Agreement is executed and terminate on June 16, 2021. Lessee can remain in possession of the Apparatus after the expiration of the rental term on a month-to-month basis under all the same terms and conditions as contained in this Agreement, including, without limitation, the payment of rent, which shall be based on that rate in effect during the last month of the preceding term. 2. The described vehicle shall only be used for its intended use as an ARFF fire apparatus on the Palm Springs International Airport, however, subject to the terms contained herein, Lessee shall be entitled to the absolute right to operate, possess, and control the Apparatus during the rental term, provided Lessee is not in default of any provision of this Agreement. Lessee will employ and have absolute control, supervision, and responsibility over any operators or users of the Apparatus. Usage limits will be 500 miles per month (or pro rata portion) and 140 hours, any monthly usage over these amounts allowed will be billed to and paid by the Lessee at the rate of $1.50 per mile or $25.00 per hour over these prescribed limited. Excess monthly mileage and hours will be invoiced to the Lessee on the anniversary date, or upon transfer of termination of the lease contemplated herein. 3. Lessee shall have the right to terminate this Agreement at any time with 30 day notice to Lessor but agrees to pay the Lessor the pro-rated amount of rents based on the date the Apparatus is returned. 4. All payments shall be made payable to Lessor's Henderson Nevada office located at 1175 Center Point Dr., Henderson, NV, 89074. 5. This lease is a net lease and Lessee shall not be entitled to any abatement of, reduction of or set off against lease payment for any reason whatsoever. Lessee shall pay promptly to Lessor when due, all tax, fees and assessments for sales tax, use tax, excise tax or other amounts imposed by governmental bodies with respect to the equipment described in this lease. 6. Description of vehicle: 2005 Oshkosh T1500 ARFF 4x4 1 0TBK8Z1 X5S085577. 1
67. Lessee shall acknowledge receipt of all loose equipment (if applicable) and agent (if applicable) supplied with the vehicle upon delivery. The vehicle shall be returned with all said equipment. In the case the vehicle is returned without said loose equipment or agent, Lessee will be invoiced accordingly. 8. Lessee shall obtain and pay for all necessary import duties, tariffs, licenses, permits, inspections and fees necessary for the lawful transport to the Lessee's site and return to the Lessor's site at lease expiration. Lessee shall obtain and pay for all necessary licenses, permits, inspections and fees necessary for the lawful operation of said vehicle while in the Lessee's possession. 9. Lessee shall obtain and maintain and keep the Apparatus insured against all risk of loss or damage in an amount not less than the replacement cost of the equipment, which will be determined solely by the Lessor. The Apparatus shall be insured for $375,000. 10. Lessee shall obtain and maintain insurance for the term of this lease, that includes commercial general liability insurance and commercial auto liability insurance covering both personal injury and property damage, including completed operations. 11. Lessee shall pay all costs of insurance premiums and shall deliver proof of insurance coverage satisfactory to Lessor. The Lessor shall be carried as co-insured and as loss payee. Proof of insurance shall be required prior to delivery of the Apparatus. 12. Lessee shall be responsible for routine maintenance of the Apparatus including but not limited to, checking fluid levels, checking tire pressures, fueling, cleaning, minor adjustments. Major repairs (excluding damage) shall be the responsibility of the Lessor. An action plan for the repair are to be communicated within 1 business day. If the Apparatus needs to be taken offsite to make repairs, a replacement Apparatus shall be provided by the Lessor. 13. Immediately upon receipt of the Apparatus or any portion thereof, Lessee shall inspect such received Apparatus and confirm the Apparatus is in good working order. Unless Lessee indicates in writing to Lessor at the time of inspection upon receipt of the Apparatus that any defect or other condition exists making the Apparatus in a condition other than good working order, such equipment shall be conclusively deemed to be without defect and in good working order at the time of receipt. Lessee shall be responsible for all damage of any character to Apparatus during the lease. Should an incident occur in which damage is done to said vehicle during the lease, the Lessee shall notify Lessor within 24 hours. The Lessee shall restore the vehicle to a condition equal to that existing before damage was done, or it shall make good such damage in an acceptable manner. Charges against the security deposit (if applicable) for damage not corrected by the Lessee will be assessed upon return of the equipment to the Lessor's facility. Unspent security deposit funds (if applicable), shall be promptly refunded to the Lessee or applied toward any unpaid lease amounts remaining following the return of the Apparatus to the Lessee at the expiration of the lease. Lessee shall not be responsible to remedy normal wear and tear as determined by the Lessor. 2
714. Responsibility for Claims: The Lessee shall indemnify and hold harmless Firetrucks Unlimited, LLC and all of its representatives from all suits, actions or damages sustained by any person or property in consequence of any negligent act or omission by Lessee in safeguarding said vehicle. 15. Lessor shall be responsible for the transportation of the vehicle from Henderson, Nevada to Lessee's final destination and subsequent return to Henderson, Nevada. The estimated cost of freight is $1,900 for the return trip transport. 16. Relocation of described equipment from the initial delivery location must have prior written approval from Firetrucks Unlimited, LLC The Lessor reserves the right to determine the best means for relocation and transportation of equipment. The Lessee is responsible for payment to Lessor of any relocation changes incurred. 17. The Lessor at his discretion with advanced notice shall have the right to enter the premises where the Apparatus is located to confirm the existence, condition and proper maintenance of the Apparatus. 18. Lessee acknowledges that the title of the Apparatus shall at all times remain with the Lessor. 19. Lessee may not assign, sell, transfer, sublet, pledge or otherwise encumber any interest in the lease or the Apparatus. 20. Lessee agrees to keep Lessor and Apparatus free from any lien, encumbrance or any other claim, which may be asserted by any other third party. 21. Nevada Law Prevails: The provisions of this Agreement shall be governed by the laws of Nevada, but Nevada law does not control or otherwise impact Lessee's federal or state law obligations as a California public agency. 22. Failure to comply with any of the above terms shall constitute a breach of this Agreement. 23. If any Paragraph, Statement, Clause or Provision of this Agreement is construed or interpreted by a court of competent jurisdiction to be void, illegal or unenforceable, such decision shall affect only those specific Paragraphs, Statements, Clauses or Provisions. 24. Covenant against Discrimination. In connection with its performance under this Agreement, Lessor 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"). Lessor shall ensure that employees are treated during their employment without regard to any prohibited basis. As a condition precedent to Lessee's lawful capacity to 3
8enter this Agreement, and in executing this Agreement, Lessor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Lessor activity, and further, that Lessor 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. 25. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the Lessor and Lessee, and supersedes all previous agreements between the parties concerning the Apparatus and subject matter subject of this Agreement. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. LESSEE: City of Palm Springs By: Title: Date: ATTEST: City Clerk 4 LESSOR: FIRETRUCKS UNLIMITED, LLC By: Brian Reyburn Vice President Title Date:
9ATTACHMENT 2
10PUBLIC INTEGRITY APPLICANT DISCLOSURE Name (Print last, first, middle initial) E-mail Address ~~ 'l,\j (2..,-..._J I ~Ii=!. l A.-N a_ ~\.~ t2-'1._F.. ~'->Ck~ Position/Title Uu'-\'-' tTTc=c;, .. ~..U--, v\~ ~~(.~-~ Address l L-ZS-~ ?o'-r--..rr-T::>12.. i-J.~o~ µv 8'101'-f-. Work Phone: ?42--s-"Sg~ ~'!,'s:2. Reporting Status Cell Phone: -Z.l>2-3.oo-'3,, ,s-New Disclosure)< Update: Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity. In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question. A "significant position" shall be defined as follows: i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization). A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following: 1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application; 2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application; 3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars; 4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application.
11Organization I Type of organization: Ownership Interest: Position: No fiinclude the address, city and state where the longer he organization is located) held: 1 ~<9-~ 2 3 4 5. 6. I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. On the basis of information contained in this report, I conclude that the filer is in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the "comments" box below. Comments: Signature and Title of Agency's Final Reviewing Official
12Firetrucks Unlimited LLC Owners Cynthia Reyburn -Member Stuart Reyburn -Member 50% 50% Firetrucks Unlimited I 1175 Center Point Dr., Henderson, NV 89074 I (866) 876-0979 I FiretrucksUnlimited.com
13ATTACHMENT 3
14Date: Subject: From: CITY COUNCIL STAFF REPORT July 24, 2019 CONSENT CALENDAR APPROVAL FOR LEASE OF AIRCRAFT RESCUE AND FIREFIGHTING VEHICLE AND TRUCK APPARATUS ACQUISIT.ION FOR ENVIRONMENTAL COMPLIANCE David H. Ready, City Manager Initiated by: Aviation Deparbnent SUMMARY This action will consider approving the lease of one vehicle as backup to the current airport fleet of Aircraft Rescue and Firefighting trucks (ARFF), the acquisition of specialized foam system equipment and modification to three current city ARFF vehicles to meet environmental requirements. RECOMMENDATION: 1. Approve the lease for up to fifteen months of one aircraft rescue and firefighting truck from Firetrucks Unlimited of Henderson, Nevada for a cost of $91,900. 2. Authorize the purchase of a foam extinguishing system with foam tester unit and on-site training for all three airport aircraft rescue and firefighting vehicles at a cost of $45,000. 3. Authorize the City Manager to execute all necessary documents. BACKGROUND: The Palm Springs International Airport is a Federal Aviation Administration CFR Part 139 certificated commercial service airport under regulatory requirements to provide minimum levels of ARFF equipment. To meet the FAA requirements of immediate response capability to aircraft emergencies, the City maintains a fire station on-airport fully staffed with aviation specialized vehicles and equipment to respond to aircraft emergencies. The level of this emergency coverage meets all the regulatory requirements as determined by the Federal Aviation Administration criteria calculated by the size and number of commercial airline aircraft serving the airport.
15City Council Staff Report July 24 2019 -Page 2 APPROVAL FOR LEASE OF ARFF VEHICLE AND TRUCK APPARATUS ACQUISmON FOR ENVIRONMENTAL COMPLIANCE The fire station at Palm Springs lntemational Airport has three Aircraft Rescue and Firefighting vehicles procured in 2003 through an FAA grant. New ARFF vehicles are in the process of being replaced through another procurement funded by FAA Grant No. 3-0S.0181-056-2019 as approved by City Council at the June 5, 2019 meeting. STAFF ANALYSIS: In the process of procuring new Aircraft Rescue and Firefighting trucks, research by staff has identified that the lead time for receipt of these new vehicles can be over a year. In addition to this long lead time, staff has conducted an assessment of the mechanical condition of the airport's current vehicles and identified a number of larger than routine vehicle maintenance items that require extended downtime and off-site service. work. Staff has concluded that the most prudent approach to addressing the heavy maintenance downtime issue and the long delivery times of the new vehicles is to lease one backup ARFF truck to reduce the chance of not having sufficient equipment to meet FAA criteria. Furthermore, the State of Caiifomia has issued a directive to all California airports to cease all non-emergency releases of the firefighting foam, historically associated with FAA required testing. To comply with this environmental compatibility issue, this action taken by City Council will include the acquisition and delivery of a portable foam expulsion containment and testing unit, including truck modifications that will comply and address these state requirements. BUSINESS INTEREST DISCLOSURE: The attached Public Integrity Disclosure form identifies Firetrucks Unlimited as an LLC registered in the State of Nevada, whose officers consist of Cynthia Reybum and Stewart Reybum, each owning 50% of the company. Brian Reyburn is also an employee of the company and Firetrucks Unlimited is based at 1175 Center Point Drive, Henderson, Nevada. ENVIRONMENTAL IMPACT: The requested City Council action is not a "Project" as defined by the Califomia Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is exempt from CECA pursuant to Section 15378{b)(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
16City Council Staff Report July 24 2019 -Page 3 APPROVAL FOR LEASE OF ARFF VEHICLE AND TRUCK APPARATUS ACQUlsmoN FOR ENVIRONMENTAL COMPLIANCE FISCAL IMPACT: The total truck lease of fifteen months is $91,900 with the foam testing system cost of $45,000 equals a total expenditure of $136.900. In anticipation of the need for these ARFF expenditures, Funds have been budgeted and are available for the current fiscal year in account number 415-6050-46110 for the total $136,900. Thomas Nolan, A.A.E. Executive Director, Airport Attachments: 1) Lease-document 2) Cost breakdown 3) Business Disclosure ""-:.;:27~,,,,. David H. Ready, Esq., City Manager
17. ATTACHMENT 1
18Equipment Lease Agreement This Equipment Lease Agreement ("Agreement"), effective this_ day of July 2019, is by and between Palm Springs International Airport located at 3400 E Tahquitz Canyon Way, Suite 1 Palm Springs CA 92262 hereinafter called 11Lessee11, and Firetrucks Unlimited, LLC located at 1175 Center Point Dr. Henderson NV 89074 hereinafter called "Lessor". THE FOLLOWING TERMS AND CONDITIONS APPLY: 1. Lessor shall lease to Lessee for fifteen (15) month(s), one (1) ARFF fire apparatus vehicle (the 11Apparatus"), at a rental rate of $6,000 (six thousand dollars) per month. The rental term shall commence on or about August 17, 2019, and terminate on Novembe.r 16, 2020. Lessee can remain in possession of the Apparatus after the expiration of the rental term on a month-to-month basis for up to four (4) additional months under all the same terms and conditions as contained in this Agreement, including, without limitation, the payment of rent, which shall be based on that rate in effect during the· last month of the preceding term. 2. The described vehicle shall only be used for its intended use as an ARFF fire apparatus on the Palm Springs International Airport, however, subject to the terms contained herein, Lessee shall be entitled to the absolute right to operate, possess, and control the Apparatus during the rental tenn, provided Lessee is not in default of any provision of this Agreement. Lessee will employ and have absolute control, supervision, and responsibility over any operators or users of the Apparatus. Usage limits will be 500 miles per month (or pro rata portion) and 140 hours, any monthly usage over these amounts allowed will be billed to and paid by the Lessee at the rate of $1.50 per mile or $25.00 per hour over these prescribed limited. Excess monthly mileage and hours will be invoiced to the Lessee on the anniversary date, or upon transfer of termination of the lease contemplated herein. 3. Lessee shall have the right to terminate this Agreement at any time with a 30 day notice but agrees to pay the Lessor the minimum rental sum of $36,000 as stated above regardless if the Apparatus is returned before the lease termination. 4. All payments shall be payable at Lessor's Henderson Nevada office located at 1175 Center Point Dr., Henderson NV 8907 4. 5. This lease is a net lease and Lessee shall not be entitled to any abatement of, reduction of or set off against lease payment for any reason whatsoever. Lessee shall pay promptly to Lessor when due, all tax, fees and assessments for sales tax, use Jax, excise tax or other amounts imposed by governmental bodies with respect to the equipment described in this lease. 6. Description of vehicle : 2005 Oshkosh T1500 ARFF 4x4 1 0TBK8Z1 X5S085577.
197. Lessee shall acknowledge receipt of all loose equipment (if applicable) and agent (if applicable) supplied with the vehicle upon delivery. The vehicle shall be returned with all said equipment. In the case the vehicle is returned without said loose equipment or agent, Lessee will be invoiced accordingly. 8. Lessee shall obtain and pay for all necessary import duties, tariffs, licenses, permits, inspections and fees necessary for the lawful transport to the Lessee's site and return to the Lessors site at lease expiration. Lessee shall obtain and pay for all necessary licenses, permits, inspections and fees necessary for the lawful operation of said vehicle while in the Lessee's possession. 9. Lessee shall obtain and maintain and keep the equipment insured against all risk of loss or damage in an amount not less than the replacement cost of the equipment, which will be determined solely by the Lessor. The property shall be insured for $375,000. 10. · Lessee shall obtain and maintain insurance for the term of this lease, commercial general liability insurance and commercial auto liability insurance covering both personal injury and property damage including completed operations. . . 11. Lessee shall pay all costs of insurance premiums and shall deliver proof of insurance coverage satisfactory to Lessor. The Lessor shall be carried as co-insured and as loss payee. Proof of insurance shall be required prior to delivery of the Apparatus. 12. Lessee shall be responsible for routine maintenance of the Apparatus including but not limited to, checking fluid levels, checking tire pressures, fueling, cleaning, minor adjustments. Major repairs (excluding damage) shall be the responsibility of the Lessor. An action plan for the repair to be communicated within 1 business day. If the Apparatus needs to be taken offsite to make repairs, a replacement Apparatus shall be provided by the Lessor. 13. Immediately upon receipt of the Apparatus or any portion thereof, Lessee shall inspect such received Apparatus and confirm the Apparatus is in good working order. Unless Lessee indicates in writing to Lessor at the time of inspection upon receipt of the Apparatus that any defect or other condition exists making the Apparatus in a condition other than good working order, such equipment shall be conclusively deemed to be without defect and in good working order at the time of receipt. Lessee shall be responsible for all damage of any character to property during the lease. Should an incident occur in which damage is done to said vehicle during the lease, the Lessee shall notify Lessor within 24 hours. The Lessee shall restore the vehicle to a condition equal to that existing before damage was done, or it shall make good such damage in an acceptable manner. Charges against the security deposit (if applicable) for damage not corrected by the Lessee will be assessed upon return of the equipment to the Lessor's facntty. Unspent security deposit funds (if applicable), if applicable, shall be prompUy refunded to the Lessee or applied toward any unpaid lease amounts remaining following the return of the equipment to the Lessee at the expiration of the lease. Lessee shall not be responsible to remedy normal wear and tear as determined by the Lessor.
2014. Responsibility for Claims: The lessee shall indemnify and hold harmless Firetrucks Unlimited, LLC and all of its representatives from all suits, actions or damages sustained by any person or property in consequence of any negligent act or omission by Lessee in safeguarding said vehicle. 15. Lessor shall be responsible for the transportation of the vehicle from Henderson, Nevada to Lessee's final destination and subsequent return to Henderson, Nevada. The estimated cost of freight is $3,800 for the round trip transport. The round trip freight cost is due In advance of the vehicle being shipped. 16. Relocation of described equipment from the initial delivery location must have prior written approval from Firetrucks Unlimited, LLC The Lessor reserves the right to determine the best means for relocation and transportation of equipment. The Lessee is responsible for payment to Lessor of any relocation changes incurred. 17. · The Lessor at his discretion with advanced notice shall have the right to enter the premises where the equipment is located to confirm the existence, condition and proper maintenance of the equipment. 18. Lessee acknowledges that the title of the equipment shall at all times remain with the Lessor. · · 19. lessee may not assign, sell, transfer, sublet, pledge or othelWise encumber any interest in the lease or the equipment. 20. Lessee agrees to keep Lessor and equipment free from any lien, encumbrance or any other claim, which may be asserted by any other third party. 21. Nevada Law Prevails: The provisions of this Agreement shall be governed by the laws of Nevada, but Nevada law does not control or otherwise impact Lessee's federal or state law obligations as a California public agency. 22. Failure to comply with any of the above terms shall constitute a breach of this Agreement. 23. If any Paragraph, Statement, Clause or Provision of this Agreement is construed or interpreted by a court of competent jurisdiction to be void, illegal or unenforceable, such decision shall affect only those specific Paragraphs, Statements. Clauses or Provisions. 24. Covenant against Discrimination. In connection with its performance under this Agreement, Lessor 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 basis1. Lessor shall ensure that employees are treated during their employment without regard to any prohibited basis. As a condition precedent to Lessee's lawful capacity to enter this
21Agreement, and in executing this Agreement, Lessor certifaes that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Lessor activity, and further, that Lessor 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. LESSEE: CITY OF PALM SPRINGS By: Title: Date: LESSOR: FIRETRUCKS UNLIMITED, LLC By: Brian Reyburn Vice President Title: Date:
22ATTACHMENT 2
23Firetrucks Unlimited 1175 Center Point Dr. Henderson NV, 89012 CAGE:4VBY9 DUNS: 80-903-5459 Prepared for: Palm Springs International Airport 3400 E Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262 Thomas Nolan, Executive Director 1 (866) 876-0979 www.FiretrucksUnlimited.com Contact Brjan Reyburn 1 (702) 300-3715 Brianr@firetrucksunlimited.com 1500 Gallon ARFF Rental Palm Springs Airport July 1, 2019 Firetrucks Unlimited -1175 Center Point DL, Henderson, NV, 8907 4 -www.Firetruck1Unllmited.com
24Qualifications & References Firetrucks Unlimited has been in the business of ARFF vehicle Sales, Rentals, Service and Repairs for over 10 years. Located in Henderson, Nevada, we have over 50,000 SF of facilities. There are 60 people dedicated to working on emergency vehicles and have supported customers all over the world in 6 continents and 25 countries on contracts similar to this solicitation. To date we have provided over 300 quality emergency vehicles to our military, government, municipal and commercial clients. Similar active ARFF rental contracts references United States Air Force -Plant 42 Description: Rental of 2 T3000 ARFF, repairs and maintenance included . . Contract Period: 20 months Contract #:FA930117LB004 / FA930117PE004 Contact: Ashley Priestly-661-272-6723 ashley.priestley@us.af.mil Army National Guard -Silverbell Airport -Marana AZ Description: Rental of T3000 & T1500 ARFF Contract Period: 24 months Contract #: W912L218C0002 Contact: Thomas McKendry 602-267-2704 County of San Diego Description: Rental of 1 T1 500 ARFF -Carlsbad Airport Contract Period: Up to 3 years Contract#: 557251 Contact: Olivier Brackett -760·966-3272 -Olivier.Brackett@sdcounty.ca.gov Firetrucks Unlimited ~ 1175 Center Point Dr., Henderson, NV, 8907 4 ~ www.FiretrucksUnlimited.corn
25Proposed T1 500 ARFF ARFF vehicles adhere to standards set in NFPA 414 at the year of manufacture. 2005 OSHKOSH T-1500 SPECS Body • Cabinets Left: 5 • Cabinets Right: 5 Firetrucks Unlimited -1175 Center Point Dr., Henderson. NV. 89074 -www.FiretrucksUnlimjted.cor:r
26• Weather tight Chassis • GVWR Front: 25,000 lbs. • GVWR Rear: 25,000 lbs. • 9,915 Miles • Tires: 24R21 Tires • Axles: OSHKOSH manufacturers original specifications • Drive Shafts: OSHKOSH manufacturers original specifications • Suspension: Leaf spring OSHKOSH manufacturers original specifications for off road use • Wheels: Painted steel OSHKOSH manufacturers original specifications • Steering: OSHKOSH manufacturers original specifications, operational and in good condition • Braking systems: Per OSHKOSH manufacturers original specifications and meeting . . operatio~al requirements of NFPA 414 of the date of manufacture • ABS • Compressed air system: OSHKOSH manufacturers original specifications and operational • 67 gallon diesel fuel tank Cab • Seating: 3 (2 SCBA Seats), Air ride • Bumper & roof turret joystick controls • Pre-wired for radio • Instrumentation, gauges and controls, common brands • Dome lighting • Windscreen: in good condition and free of pitting/chips/cracks • Windscreen de-mister • Doors: adjusted, lubricated and operational • Air Conditioning: large capacity and fitted with quiet fans • Cab Heater • Clinometer • SCBA bracket • Rechargeable flashlights • High Idle • Remote control heated mirrors • Extra SCBA bottle storage, exterior of cab (2) Firetrucks Unlimited ~ 117 5 Center Point Dr<I Henderson, NVt 8907 4 -www.FiretrucksUnUmj1ed.f
27Engine & Cooling • Make: Detroit Sv92 • Fuel Type: Diesel • HP: 540 • Hours 602 • Ward Diesel NOSMOKE Transmission • Make: Allison • Type: Automatic • Manufacturers original specifications Pump • Centrifugal Type • Make: Waterous CZU 1500 GPM • Pump and Roll • Waterous relief valve Foam System • Around the pump 3% or 6% • Operational from drivers position Secondary Agent • 500 lb Dry Chemical System • Nitrogen cylinder • Handline w/ electric rewind hose reel Water Tank • 1,500 Gallons, Poly • 5" Fill (DS & OS) • 2. 5" Fill .(DS & OS) Firetrucks Un!imited-1175 Center Point Dr,, Henderson, NV, 89074 -www.FiretrucksUqllmitecL,
28Foam Tank • 210 Gall~ns, Poly • 1.s• Fill, (OS & OS} Side delivery system • Two locking ball type side delivery outlets with controls Discharges/ Appliances • Primary Monitor: Akron Electric Roof Turret 375/750 GPM • Secondary Monitor: Akron Electric Bumper Turret 300 GPM • Preconnect: (2) 1. 7 5" • Val_ves are self locking (foa~ and water, air and manual) • Couplings are NFPA compliant Lighting & Electrical • NFPA compliant emegency light package • Battery charger and shoreline connection, 120 volt AC • Alternator • Circuit protection • Park, Tum, Tail Hazard Lights • Clearance/Width Lighting • Backup alarm • Deck Lights • Step/Safety Lights • Engine compartment lighting • Back panel illumination • Compartment Lights • Flood lights • Turret lighting • Siren 100 watt and speaker • Firetrucks Unlimited -1175 Center Point Dr., Henderson, NV, 89074 • www.Firetruck1Untimited1·
29Rental Proposal -T1 500 Description I QTY Price I Subtotal Rental of One (1) T1500 ARFF Vehicle ONE (1) OSHKOSH T1500 ARFF Rental 12 $6,000 $72,000 Vehicle -Base Period Rental of one (1) Oshkosh T1 500 with for 12 months, pricing per month ONE (1) OSHKOSH T1500 ARFF Rental 3 $6,000 $18,000 Vehicle -Option Period Rental of one (1) Oshk~sh T1500 with for 3 months, pricing per month RETURN FREIGHT (ARFF) , $1,900 $1,900 PALM SPRINGS TO HENDERSON NV ECOLOGIC CART , $22,000 $22,000 FOAM SYSTEM TESTING CART ECOLOGIC PLUMBING MODIFICATION 4 $3,400 $13,600 MODIFICATtoNS TO TWO (2) 1500 STRIKERS, ONE (1) 3000 GALLON SNOZZLE, ONE (1} T1500 ECOLOGIC FREIGHT , $4,400 $4,400 CRATES PACKAGING AND SHIPPING FOR ALL MODIFICATION PARTS TRAINING & MODS 1 $5,000 $5,000 REQUIRED VEHICLE MODIFICATION, TRAINING AND INITIAL SETUP OF EACH VEHICLE FOR AN ESTIMATED ONE WEEK PERIOD Total $136,900 Firetrucks Unlimited -1175 Center Point Dr., Henderson, NV, 89074 -www.FiretrycksUnllmjted.
30Terms and conditions Proposal dated 1 July 2019 Cost of damage the responsibility of the customer Routine maintenance the responsibility of the customer to include, checking fluid levels, checking tire pressures, fuel, cleaning, minor adjustments Repairs (damage excluded) requiring more than 1 hour of work shall be the responsibility of Firetrucks Unlimited Rental payable in monthly installments Ecologic and related training/freight due at the time of delivery Truck to be shipped with full load of dry chemical powder Truck shall be returned with full load of dry chemical powder of same type Do not mix dissimilar types of 3% AFFF foam or dry chemical powder Trucks are subject to availability Daily safety inspections are the responsibility of the customer Does not include personnel or loose equipment Firetrucks Unlimited -1175 Center Point Dr.. Henderson. NV, 8907 4 -www.FlretrucksUnlimited,
31ATTACHMENT 3
32PUBLIC INTEGRITY APPLICANT DISCLOSURE Name (Print last, first, middle initial) E-mail Address ~e-.-r,~ (Z..""' I i:312.. t A,.,J a_ ~\41-'tz.Q.J;~---·-~ Position/Title CJ U(..\ '-4 t;IFp ,. ~ ~ V \ ~ 4F~,.~----Address l L-ZS-~ Po~ "'DfZ.. f.-1.~o~ µv 8'101'-f-Work Phone: 7n-~-'l>~s-2.. Reporting Status Cell Phone: -ZZ>2--3oo-~7,,s-. New Disclosure)<. Update: Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each. natural person who holds_ or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity. In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question. A "significant position" shall be defined as follows: i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries {in the instance of a trust or another organization). A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following: 1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application; 2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application; 3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars; 4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application.
33Organization / Type of organization: Ownership Interest: Position: No {include the address, city and state where the longer he organization Is located) held: 1 t---::> (S) ~ 2 3 4 5. 6~ I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. IS~slng Party On the basis of information contained in this report. I conclude that the flier ls in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the "comments" box below. Comments: Signature and Title of Agency's Final Reviewing Official
34Firetrucks Unlimited UC Owners Cynthia Reyburn • Member Stuart Reyburn -Member 50% 50% Firetrucks Unlimited I 1175 Center Point Dr., Henderson. NV 89074 I (866} 876•0979 I FiretrucksUnhm1ted.com
