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Home My WebLink AboutA8313 - FIRETRUCKS UNLIMITED - AIRPORT TO LEASE FIRETRUCK FOR 15 MONTHS CONTRACT ABSTRACT Contract Lease Agreement Company Name: Firetrucks Unlimited Company Contact: Brian Reyburn c 702-832-0277 FiretrucksUn limited.corn Summary of Service: airport to lease a fire truck for 15 months Contract Price: $36,000 Funding Source: Airport 415-6050-46110 Contract Term: 15 months Contract Administration Lead Department: Aviation Contract Administrator: Tom Nolan Contract Approvals Council/Community Redevelopment Agency Approval Date: CC approved 07/24/2019 Minute Order/ Resolution Number: 1 W Agreement No-A-9313 c> Contract Compliancern Exhibits: no �o Signatures: yes Insurance: NA Bonds: NA m _ � � N ✓' 0 . h � Submitted on: 7/30/2019 By: Mark Jucht Equipment Lease Agreement This Equipment Lease Agreement ("Agreerrienr), effective this > day of July 2019, is by and between Palm Springs Intemadonai 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 THE FOLLOWING TERMS AND. CONDITIONS APPLY: 1. Lessor shall lease to Lessee for fifteen.(15) month(s), one(1)ARFF fire apparatus . vehicle(the"Apparatus"), 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 November 16, 2020. Lessee can.remaln 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 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 Flours will be invoiced to the Lessee on the anniversary date, or upon transfer of terminationrof 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 89074, 5. This lease is a net tease 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;govemrnental bodies with respect to the equipment described in.this lease.. 6. Description of vehicle : 2005 Oshkosh"T1500 ARFF 0410TBK8Z1X5SO85577. 7. 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. B. 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 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 facility. Unspent security deposit funds (If applicable), if applicable, shall be promptly 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: 14. 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 otherwise 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 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 enter this 3 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. LESSEE: LESSOR: CITY OF PALM SPRINGS FIRETRUCKS UNLIMITED, LLC By: B : Brian Reyb r C'�% fir✓�c�L-- Vice President Title. Title: Da Date. ;aclerk ST: APPROVED AS TO FORM now AXTGAW APPROVED BY CITY COUNCIL