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HomeMy WebLinkAbout24X287 - Meridian Rapid Defense Group Rentals LLCCONTRACT 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) Archer Barrier and Rapid Gate Rental Meridian Rapid Defense Group Rentals LLC Perrin Lee plee@meridian-barrier.com Barrier and Gate Equipment Rental for Greater Palm Springs Pride Festival and Parade $17,403.53 Nov. 1, 2024 - Nov. 3, 2024 N/A Perrin Lee , Regional Specialist / plee@meridian-barrier.com Matt Stickel / mstickel@meridian-barrier.com Parks & Recreation Lauri Aylaian, Interim Director / X8277 N/A 24X287 N/A Yes Yes Pending Department N/A No 'Best Interest of the City' approved by City Manager 10/28/2024 N/A N/A N/A 10/30/2024 Janet Burns Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E MERIDIAN Rapid Defense Group Rentals LLC EQUIPMENT RENTAL AGREEMENT NO.24X287 THIS EQUIPMENT RENTAL AGREEMENT ("Agreement") is made on October 2, 2024. This Agreement shall be incorporated into and accompanied by the QUOTE for rental equipment, technology and services. The Agreement is between MERIDIAN® Rapid Defense Group Rentals LLC (“LESSOR”), a company engaged in the business of renting equipment of MERIDIAN® Rapid Defense Group LLC, which equipment and technology is trademarked under the names MERIDIAN® Archer® and City of Palm Springs (“LESSEE”), located at 200 S Civic Dr, Palm Springs, CA 92262 USA. Agreement LESSOR hereby rents to LESSEE, and LESSEE hereby rents from LESSOR, the following described equipment (the "Equipment"), services & term length of rental, pursuant to the executed and signed QUOTE by LESSEE, which (QUOTE) is incorporated herein. Terms and Conditions. Rental Quotes (“QUOTE”) Any rental QUOTE will be valid for thirty (30) days from the date of issue, unless reissued or extended in writing by LESSOR. Rental Term. The rental term is computed daily, including any part thereof, beginning upon Delivery to LESSEE and ending upon return Pick-Up by LESSOR. No distinction is made for Saturdays, Sundays or Holidays. When LESSOR is to Pick-Up the Equipment from the LESSEE, LESSEE agrees to provide LESSOR a reasonable period for removal of Equipment upon completion of the rental term, not to exceed twenty-four (24) hours unless otherwise agreed in writing. Site Conditions. To the extent LESSEE contracts for unloading, installation, dismantling and/or reloading, LESSEE must ensure that the site, including all access routes, working environment and installation location(s) (“Site”), is adequate and free of any objects that could prevent or hinder access. Any damage to the Site will be the LESSEE's responsibility, and LESSEE will be responsible for additional charges based on inadequacies in Site conditions. Use. Upon the delivery of the Equipment to the LESSEE, LESSEE and its personnel may have responsibilities for handling and moving the rental Equipment during the term of the Rental, including but not limited to moving the portable Archer® 1200 Barriers from time to time. LESSEE and its personnel shall thereafter follow all instructions and use the Equipment in a careful, proper and appropriate manner as instructed and demonstrated by representatives of LESSOR. Shipping and Delivery. LESSOR is not obligated to wait more than two (2) hours beyond each of the times scheduled for delivery, and LESSEE will be responsible for additional charges if the LESSEE is not ready for the pick-up at the agreed-up time. Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Condition of Equipment and Inspection. Unless LESSEE objects at the time of delivery, it shall be deemed conclusive that all Equipment was delivered and was in good working order. In the event of non-conforming Equipment, LESSOR will have the option to either (a) repair or replace the non-conforming Equipment; or (b) credit LESSEE for the non-conforming Equipment against amounts otherwise due under the Agreement. LESSOR reserves the right for any reason to substitute functionally equivalent Equipment for Equipment specified in the Agreement. Upon tender of delivery, no allowance will be made for any rented Equipment or portion thereof which is claimed not to have been used by the LESSEE. Accidents and Incidents. LESSEE hereby agrees to notify LESSOR immediately upon any accident or incident relating to the use, deployment, placement, or positioning of the Equipment while in LESSEE's possession. Such Notice shall provide all pertinent information regarding the accident or incident including but not limited to a description of the events, the nature of any injury or damage, the time and exact location and information identifying participants and/or witnesses to the accident or incident. Such notice by LESSEE to LESSOR shall be made as soon as practicable to the Designated Agent of LESSOR provided to the LESSEE by LESSOR at the time of the commencement of the rental of the Equipment. LESSEE’s Initials: ___________. Costs for Non-Routine Delivery Set-Up, Deployment and/or Operations of the Equipment. Inclusive within the Quote to LESSEE and this Equipment Rental Agreement are the costs for the rental of the Equipment and LESSOR services agreed by and between LESSEE and LESSOR. Said costs include routine delivery, set-up, on-site assistance, and pick-up. However, given the nature of deployment of LESSOR’s portable and maneuverable Equipment and possible changes in on-site demands to effectively implement, augment, expand, and respond to new or unanticipated challenges during the period of the rental, additional or supplemental costs may be incurred. In such cases, LESSOR shall provide to LESSEE a statement of supplemental costs in addition to the Quotes and Agreements incorporated into the Equipment Rental Agreement. Said statement shall be in writing, contain specific and detailed information and explanations for any such supplemental costs, and be presented to LESSEE concurrent with the rental of the Equipment. The document will be added to and made a part of this Equipment Rental Agreement and be identified as “Rider—Equipment Rental Agreement.” LESSEE’s Initials: _________ Insurance. LESSEE shall maintain: (1) comprehensive, all-risk insurance against loss, theft, damage or destruction of the Equipment in an amount no less than the full replacement value of the Equipment, naming LESSOR as loss payee; and (2) Comprehensive General Liability insurance in an amount of not less than $1,000,000 LESSOR shall also maintain suitable comprehensive public liability insurance, naming LESSOR as an insured party under that policy. LESSEE shall deliver to LESSOR a certificate of insurance at least fourteen (14) days prior to the Delivery Date of the first time LESSEE rents Equipment from LESSOR. Thereafter, if LESSEE is to rent Equipment from LESSOR at other times, LESSEE shall maintain said insurance at all times applicable to the LESSEE’s rental of Equipment. LESSEE agrees that such insurance shall remain in full force whenever LESSEE rents from LESSOR and shall provide LESSOR with a 30-day pre-notice of cancellation or material change in the insurance coverage. Title and No Liens or Encumbrances. LESSEE agrees that rental of Equipment does not grant LESSEE any title or property rights in the Equipment, and all title and property rights shall remain with LESSOR. LESSEE covenants that it shall keep LESSOR’s interest in this Agreement and the Equipment free from all liens and encumbrances, including but not limited to insuring that in no way can the Equipment be used or presented in such a way to lead to any legitimate claim that the Equipment is that of the LESSEE and/or subject to any claim upon the LESSEE including in any bankruptcy or creditor type of action. No part of the Equipment shall be Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E sublet, transferred or assigned, by LESSEE, or removed from the rental location, except with the prior written consent of LESSOR. LESSOR retains all title and property rights in the Equipment. Damage, Loss or Missing Equipment. LESSEE assumes the risk of loss or damage to Equipment during the rental term, regardless of the cause, and shall return the Equipment to LESSOR clean and in good repair and subject only to ordinary wear and tear. Equipment returned by LESSEE other than as agreed, will be cleaned, repaired, refurbished and/or replaced as necessary by LESSEE at LESSEE’s expense. LESSEE is not authorized to perform any repairs without the express consent of LESSOR. All Equipment which cannot be repaired or refurbished at less than the current published list price will be invoiced to LESSEE at its current published list price. Acceptance of returned Equipment by LESSOR does not constitute a waiver of any of the rights LESSOR has under the Agreement. Liability and Indemnity. LESSEE is solely responsible for Site design and selection of Equipment and shall be liable for all losses and damages arising from the use or misuse of the Equipment, including any accidents to persons or property arising therefrom. To the furthest extent permitted by law, LESSEE covenants and agrees to indemnify and hold harmless LESSOR and its predecessors, successors, parents, subsidiaries, attorneys, agents, officers, directors, employees, contractors, and other affiliates (“LESSOR AFFILIATES”) free from any and all claims, actions, losses, expenses, costs, suits, damages and liabilities, including legal fees, arising out of, connected with, or resulting from the rented Equipment and/or its complimentary tools or attachments. This includes, without limitations, the manufacture, selection, delivery, possession, use, operation or return of the rented Equipment. Further, LESSOR is not liable for indirect, consequential or economic loss or damage, loss of profit or revenue, loss of production or production stoppage or loss of data whether such loss is direct or indirect and the LESSEE shall release and indemnify LESSOR and its employees, servants, agents and LESSOR Affiliates in relation to same. LESSEE as a customer of LESSOR is afforded the extraordinary protections from liabilities under the U.S. Federal SAFETY Act as administered by the U.S. Department of Homeland Security. The SAFETY Act protects LESSOR and its customers and users of its Qualified Anti-Terrorism Technology and products from liabilities and claims arising out of acts of terrorism within the U.S. as well as those acts originating outside the U.S. LESSEE remains responsible for maintaining insurance as provided immediately below. Credit Approval. LESSEE shall be subject to a credit approval; however, at the sole discretion of LESSOR the Agreement may proceed without credit approval. Payment. Invoices are due and payable upon submission by LESSOR to LESSEE. LESSOR reserves the right to impose a late payment charge of one and one and a half percent (1.50%) per month (or the maximum amount allowed by law if less) on all sums not timely paid. LESSEE is responsible for payment of sales and other applicable taxes and charges imposed by any governmental authority based on the rental, transportation, delivery, and/or use of the Equipment. If LESSEE fails to pay any rent or part thereof, or other amount herein provided within ten (10) days after the same is due and payable, or if LESSEE fails to observe, keep or perform any other provision of this Agreement required to be observed, kept or performed by LESSEE, LESSOR shall have the right to exercise any one or more of the following remedies: (a) to declare the entire amount of rent hereunder immediately due and payable without notice or demand to LESSEE; (b) to sue for and recover all Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E rents, and other payments, then accrued or thereafter accruing; (c) to terminate this Agreement and take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law (and LESSEE hereby waives any and all damages occasioned by such taking of possession); (d) to pursue any other remedy at law or in equity. Notwithstanding any repossession or any other action which LESSEE may take, LESSEE shall be and remain liable for the full performance of all obligations on the part of the LESSEE to be performed under this Agreement. All of LESSOR’s remedies are cumulative and may be exercised concurrently or separately. Marketing Shield. Each Archer® 1200 Barrier rented by LESSEE comes equipped with a shield accessory joined to the front plate of the barrier. The top of the vertical plate on the Archer® 1200 is for the exclusive use of this Marketing Shield. This Marketing Shield and the space above this vertical plate is the exclusive property of the LESSOR. This space cannot be used by the LESSEE without the express written agreement of LESSOR. MERIDIAN® retains all rights to use this shield and space during the term of the rental. Severability. If one or more provisions of these Terms & Conditions or any associated Contract is held to be unenforceable under applicable law, such provision(s) shall be excluded from therefrom provided that such severance does not alter the fundamental terms and conditions of any applicable transaction, and the provisions shall be fully enforceable in accordance with their terms. Assignment. Unless provided for in this Agreement, the rights contained herein are not assignable without the prior written consent of the other party (which consent shall not be unreasonably withheld). No waiver. The failure of either Party to exercise or the delay in exercising, any right, power or privilege available to it under this Agreement will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise by that Party of any other right, power or privilege under this Agreement. Force majeure. Failure or delay in performance of any obligation under this Agreement by either Party will not be deemed to be a breach of this Agreement if that failure or delay is due to any cause beyond the reasonable control and without the fault or negligence of that Party, including but not limited to the generally recognized Force Majeure events of natural causes of fires, storms, and floods, governmental or societal actions of war, civil unrest and labor strikes, and infrastructure failures, but in order to excuse its default on this basis, a Party will notify the other of the occurrence of the cause as soon as it becomes aware, specifying the nature, particulars and expected duration thereof. Governing Law. This Agreement is to be governed and construed according to the laws of the State of California. Any dispute arising out of this rental Agreement shall be first be resolved by reasonable and best efforts by each Party to reach a settlement of any such dispute, and if unable to do so to submit the dispute to arbitration or mediation pursuant to generally accepted business practices in the County of Los Angeles, California. Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Legal Requirements & Limitations. LESSEE shall comply with all national, state, municipal and all other laws, ordinances, rules and regulations in any way relating to the possession, use or maintenance of the Equipment (“Legal Requirements”). Without limiting the foregoing, LESSEE warrants that it shall comply with all Legal Requirements related to the closure and/or blockage of associated roadways, traffic management plans and associated documents, and shall have obtained any necessary authorizations and/or permits. LESSOR: Meridian Rapid Defense Group Rental Name of LESSEE: City of Palm Springs AUTHORIZED REPRESENTATIVE AUTHORIZED REPRESENTATIVE NAME (Print): _Matt Stickel__ NAME (Print): _________________________ SIGNATURE: _________________________ SIGNATURE: _________________________ DATE: ____October 2, 2024____ DATE: ____________________, 2024 Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Lauri Aylaian 10/31/2024 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MERIDIAN RAPID DEFENSE GROUP LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. LESSOR: By: _______________________________________ Signature Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A 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 Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E 10/31/2024 10/31/2024 10/31/2024 10/31/2024 Meridian Rapid Defense Group Rentals LLC177 E. Colorado BlvdSuite 200Pasadena CA 91105United States Quote #QUO-R-5660 10/2/2024 1 of 1 Bill To Ship To Sgt. Kevin LuCity of Palm Springs200 S. Civic Dr.Palm Springs CA 92262United States Sgt. Kevin LuCity of Palm Springs200 S. Civic Dr.Palm Springs CA 92262United States Date Expires Shipping Method Sales Rep 10/2/2024 12/31/2024 Perrin S Lee Item # of Units # of Days Rate Amount R1000-D Archer Barrier 1200 Daily Rental 17 3 240.00 $12,240.00 R3000-D Rapid Gate Rental - Daily 3 3 1,295.00 $11,655.00  Subtotal $23,895.00  Discounts ($7,965.00)  Tax (9.25%)$1,473.53  Total $17,403.53 Notes: Palm Springs Pride3 Day11/01-11/03/24Multiday discount***Discount applied***   Wire Transfer Instructions: Meridian Rapid Defense Group Rentals LLCAccount Number: 575393296Bank Name: Chase Bank, N.A.Wire Routing : 021000021ACH Routing : 322271627 Check Remittance:530 New Los Angeles Ave #115-345Moorpark, CA 93021 Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Vehicle Safety Mitigation Plan Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Event Name Palm Springs Pride Festival 2024 Event Date November 1-3, 2024 Event Type Street fair/ Pride event Contact Jasmine Waits Location Palm Springs CA Meridian Contact Lee Perrin (818)928-9511 Objectives •Secure access points •Protect pedestrian activities Additional Considerations 434.529.6903SUPPORT@MERIDIAN-BARRIER.COM WWW.MERIDIAN-BARRIER.COM Event Details Creation Date 9/27/2024 Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Orientation: Each deployment location is visualized as an aerial view represented in a compass north orientation followed by a ground-level view represented from the perspective of on -coming traffic (unless otherwise noted). Barriers and beam gates will be deployed with the ramp facing in the direction of the potential threat. Barrier placement is specifically designed to account for stopping distance as well as to take advantage of adjacent physical structures which will further support effective mitigation. Please Note: This Assessment utilizes satellite imagery and street views provided by a third -Party and represents Meridian’s estimate based upon incomplete knowledge and a lack of familiarity with the proposed closure locations. Meridian recommends an on-site examination by a Company Representative in order to provide a certified hostile vehicle mitigation plan and solutions. The Assessment reflects the planned closures at the time of publishing and may be superseded by updated plans. Please ensure that updates are disseminated to the appropriate stakeholders. This vehicle mitigation plan is created for internal use only by Meridian and its customers. Plans may not be distributed to outside agencies without permission. Guidance on utilizing the Meridian VSMP: 434.529.6903SUPPORT@MERIDIAN-BARRIER.COM WWW.MERIDIAN-BARRIER.COM Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Deployment Locations 434.529.6903SUPPORT@MERIDIAN-BARRIER.COM WWW.MERIDIAN-BARRIER.COM A B C Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Distance 56 Feet Equipment 5 – Barriers 1 – Rapid Gate 434.529.6903SUPPORT@MERIDIAN-BARRIER.COM WWW.MERIDIAN-BARRIER.COM Note : Deployment is subject to change based on site circumstances Location : A N Palm Canyon Drive south of Amado Road 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Distance 76 Feet Equipment 8 – Barriers 1 – Rapid Gate 434.529.6903SUPPORT@MERIDIAN-BARRIER.COM WWW.MERIDIAN-BARRIER.COM Note : Deployment is subject to change based on site circumstances Location : B E Tahquitz Canyon Way west of Indian Canyon Dr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Distance 48 Feet Equipment 4 – Barriers 1 – Rapid Gate 434.529.6903SUPPORT@MERIDIAN-BARRIER.COM WWW.MERIDIAN-BARRIER.COM Note : Deployment is subject to change based on site circumstances Location : C E Arenas Road west of Indian Canyon Drive 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E 434.529.6903 WWW.MERIDIAN-BARRIER.COM434.529.6903SUPPORT@MERIDIAN-BARRIER.COM WWW.MERIDIAN-BARRIER.COM Build of Equipment Location Archer Barrier Beam Gate Rapid Gate 4ft Cable ADA Ramps Hauler A 5 1 1 B 8 1 C 4 1 1 TOTAL 17 3 2 Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E Docusign Envelope ID: 3E7890C9-4394-4A37-B756-C7AF8F471D2E