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HomeMy WebLinkAboutC23910 Extension Fire-Related Services to June 13, 2013CITY OF PALM DESERT CITY MANAGER'S OFFICE STAFF REPORT REQUEST: APPROVE AN EXTENSION TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE RELATED SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT UP TO JUNE 30, 2013 SUBMITTED BY: Stephen Y. Aryan, Risk Manager DATE: August 23, 2012 CONTENTS: 1. Cooperative Agreement for Fire Related Services (06/23/05) Recommendation By Minute Motion, approve an extension, up to June 30, 2013, to the existing Cooperative Agreement to provide fire related services between the County of Riverside and the City of Palm Desert. (contract No. C23910) Background Beginning in FY 2005, the City of Palm Desert contracted separately with Riverside County for Fire Related Services. The City previously contracted these services under a Joint Powers Authority (JPA) agreement with the Cities of Rancho Mirage and Indian Wells, as part of the Cove Communities Services Commission. The revised stand alone agreement was renewable annually and had a five year term commencing July 1, 2005, and concluding June 30, 2010. Prior to the termination of this agreement, Riverside County officials have been negotiating with the State concerning language to their "State to County Cooperative Agreement". The County and its contract agencies have not entered into any new cooperative agreements until the new contract language is finalized. The City continues to operate under the automatic extension of the agreement until approval of the new contract language. The existing contract permits the parties, in order to facilitate the continuity of fire protection services, to mutually approve and ratify any automatic Agreement renewal retroactively. The County and State have recently finalized a preliminary draft to this agreement and have now submitted this document for their contract cities to review. Once the cooperating agencies finalize the agreement, staff will bring it before the City Council for their review at a future meeting. In the interim, staff recommends continuing with an extension of the current Agreement up to June 30, 2013. Staff Report: Fire Related Services Cooperative Agreement Extension August 23, 2012 Page 2 of 2 Fiscal Analysis There is no change to the existing budget for fire protection and related services, with approving this contract extension through June 30, 2013. The current estimated budget for fire related services is approximately $10.3 million. Please note that this amount historically comes in lower, as it is CalFire's policy to budget at the top salary tier for all employees, to provide a conservative accounting estimate. Submitted By: StephenY/Aryah,-I/sk Manager Reviewed By: �14 CITY COUNCII.AMON APPROVED DENIED RECEIVED OTHER AYES. d 1 NOES: IMP._ ABSENT: ABSTAIN: Aida VERIFIED BYs ELM Original on File with City Paul S. Gibson, Director of Finance/City Treasurer Approved By: n M. Wohlmuth, City Manager Office CONTRACT NO. C23910 A COOPERATIVE AGREEMENT TO PROVIDE FIRE RELATED SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT THIS AGREEMENT, made and entered into this 23rdiay of June 2005, by and between the County of Riverside, hereinafter called "County', and the City of Palm Desert, hereinafter called "City", whereby it is agreed as follows: PURPOSE The purpose of the Agreement is for the County, through its Cooperative Agreement with the State of California, to provide the City with fire protection, fire prevention, rescue, and medical aid services. This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55632, 55606 and 55642, and will provide a unified, cooperative, integrated, and effective fire protection, rescue, and medical aid system. TERM A. Effective Dates. The initial term of this Agreement shall be for a period of five (5) years, from July 1, 2005 through June 30, 2010. B. Renewal. In the event City desires to terminate this Agreement at the end of any current five (5) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the County Fire Chief and the County Board of Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be automatically renewed for an additional five (5) year period at the level of service then currently in effect. As a matter of convenience to the Parties hereto, and in order to facilitate continuity of the fire protection services provided to City, the Parties may mutually approve and ratify any automatic renewal of this Agreement retroactively to the effective date of such automatic renewal. C. Termination. Notwithstanding the provisions of Paragraphs II(A) and II(B) herein, either Party may terminate this Agreement as of the beginning of the first day of July of any year upon notice in writing to the other Party of not less than twelve (12) months prior thereto. 11\ \11 11 0 CONTRACT NO. C23910 SCOPE OF SERVICES A. Fire Related Services. In consideration for the payments made by City under Paragraph VI of this Agreement, the County agrees to provide fire protection, fire prevention, rescue, and medical aid services, hereinafter "Fire Related Services", to City within the jurisdictional limits of the City to the extent and in the manner hereinafter set forth in attached Exhibit "A", as may be amended thereafter, incorporated herein by this reference. The Fire Related Services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a fire department of the City under State statutes. B. Cost of Services. The Fire Related Services to be provided by the County and the estimated cost of these services to be performed by County, and all related costs, shall also be set forth in Exhibit "A". C. Expenses. All related expenses borne directly by the County and to be reimbursed by the City shall be shown separately. D. Cost Schedule. The County shall provide the City Finance Director a detailed schedule supporting cost as summarized in Exhibit "A". E. County Employees. The City agrees to pay the actual cost of salaries, plus retirement and all other employee benefits, for those personnel employed in accordance with Exhibit "A". The City agrees to budget sufficient funds to pay for those services listed under Exhibit "A". IV. LEVEL OF SERVICES A. Level of Service Specified. The County shall provide all Fire Related Services at the level specified in Exhibit "A". B. Variation in Level of Service. Variation in the level of service shall be made by amendment, as provided in Paragraph XIV of this Agreement, and under the following terms: If City requests a change in the level of service to be provided in this Agreement, County agrees to provide this amended level of service as soon as practicable, consistent with the ability of the County to do so. C. Proiected Level of Service and Cost. Notwithstanding other provisions of this Agreement, by March 31 st of each year this Agreement is in effect, the City shall notify the County in writing whether the City will be varying the level of service specified in Exhibit "A". 1\\ IWM 0 CONTRACT NO. C23910 D. Proiected Cost of Service.. By March 31 st of each year this Agreement is in effect, the County shall notify the City in writing the projected cost of providing the Fire Related Services described Exhibit "A" for the following fiscal year, taking into account any variances in the level of service requested by the City pursuant to Paragraph IV(C) above. E. State Employees. The County provides fire personnel through its contract with the California Department of Forestry and Fire Protection and if during the term of this Agreement City shall desire a reduction in State civil service employees assigned to the organization provided for in Exhibit "A", City shall provide one hundred twenty (120) days written notice of the requested reduction. Proper notification shall include the following: (1) The total amount of reduction; (2) The effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is provided less than one hundred twenty (120) days prior to the effective date of the requested reduction, City shall reimburse County for relocation costs incurred by State because of the reduction. Personnel reductions resulting solely due to an increase in State employee salaries or State expenses occurring after executing this Agreement and set forth in Exhibit "A" to this Agreement shall not be subject to relocation expense reimbursement by City. The County shall provide schedules in the form of Exhibit "A" for future fiscal years during the term of this Agreement. The schedules shall be subject to the approval of the City. F. Flexibility. The County will be allowed reasonable flexibility in the .assignment of available personnel and equipment in order to provide the Fire Related Services as agreed upon herein. V. COUNTY FIRE CHIEF A. County Fire Chief. The County Fire Chief shall represent, for purposes of and with respect to Fire Protection Services, both the County and City during the period of this Agreement. The County Fire Chief, under the supervision and direction of the County Board of Supervisors, shall have charge of the Fire Related Services described in Exhibit "A", for the purpose of providing these services as deemed necessary to meet the needs of both the County and the City, except upon those lands wherein other agencies of government have responsibility for the same or similar fire protection services. B. City Fire Chief. The City shall appoint the County Fire Chief to be the City Fire Chief. \1\ 1\\ -3- 11 0 CONTRACT NO. C23910 VI. PAYMENT FOR SERVICES A. The City shall appropriate annually a sum of money to provide Fire Related Services within the area of responsibility of the City for the period from the date of execution of this Agreement to June 30, 2010; to that sum so appropriated, the County shall allow a credit to City in the estimated amount as represents 100% structural fire taxes and redevelopment pass thru funds in excess of $952,678 collected by County within the City. The amount of this credit shall be as determined by the County Auditor -controller prior to the County's billing of its claim for services with City as provided herein. The claim filed by County with City shall be those expenses in excess of the credit allowed to City. B. The County shall make a claim to the City for the cost of contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 30, claim in October; (2) October 1 through December 31, claim in January; (3) January 1 through March 31, claim in April; and (4) April 1 through June 30, claim in April for estimated cost of services, with final reconciliation to actual costs resulting in an additional claim or refund to City, in July. City shall pay each claim within thirty (30) days after receipt thereof. The County shall allocate the credit, as determined in VI(A), to each claim in the amount of 25% of the credit. C. Any change of the salaries or expenses set forth in said Exhibit "A" made necessary by action of the California State Legislature or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented therein or as set forth in said Exhibit "A". There shall be no obligation on the part of the City to expend or appropriate any sum in excess of Exhibit, "A" which exceeds the yearly appropriation of the City for the purposes of the Agreement. If within thirty (30) days after notice, in writing, from the County to the City that the actual cost of maintaining the services specified in Exhibit "A" as a result of Legislative or other action will exceed the total amount specified therein, and the City has failed to agree to make available the necessary additional funds, the County shall have the right to reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify the City, in writing, specifying the services to be reduced. If City desires to add funds to the total included herein to cover the costs of increased salaries or services, such increase shall be accomplished by an amendment to this Agreement approved by the parties hereto. CONTRACT NO. C23910 VII. PROVISIONS OF SUPERVISION, LABOR, AND EQUIPMENT A. Supervision. Supervision over the rendition of the Fire Related Services, the standard of performance, the discipline of employees, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. Fire Chief or his/her designated representative shall meet and confer with the City Manager or his/her designated representative on questions related to the provision of services. B. Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies, unless otherwise stated herein, necessary to maintain the level of service to be rendered herein. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized fire related services with the City not normally provided by the Fire Chief is to be used, or where special supplies, stationary, notice, forms, and the like related to fire related services are to be issues in the name of the City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or material so purchased by City shall meet with the Fire Chiefs specifications, shall remain within the City limits, and ownership title thereto shall remain with City. C. City -Owned Vehicles. In the event City provides vehicles for use in providing services hereunder, the vehicles shall meet minimum specification furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associate with use of the vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City - owned vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of City -owned vehicles, including property damage caused by the negligence or wrongful acts of County personnel and employees while operating City -owned vehicles. County shall indemnify and hold City, its officials, officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission by County officials, officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the operation of City -owned vehicles pursuant to this Agreement, and County shall defend at its expense, including attorney fees, City, its officials, officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. Vehicles owned by City shall be used only for City -approved functions. See Exhibit "B" for a complete listing of the vehicles owned by City as of June 2005, that may be used by County pursuant to this Agreement. -5- CONTRACT NO. C23910 D. Vehicle Insurance. City shall maintain insurance for any physical damage to the vehicles in an amount equal to the replacement value of all vehicles provided to the County under this Agreement. Policy, shall by endorsement, name the County of Riverside, its elected and appointed officials, officers, employees, agents and representatives as Additional Insureds. Vlll. PROPERTY ACCOUNTING All personal property provided by the City and by the County for the purpose of providing Fire Related Services under the terms of this Agreement shall be marked and accounted for by the County Fire Chief in such a manner as to conform to the standard operating procedure established by the County Fire Department for the segregation, care and use of the respective property of each. See exhibit "C" for a complete listing of property owned by the City as of May 2005, that may be used by County pursuant to this Agreement. IX. COOPERATIVE OPERATIONS All Fire Related Services contemplated under this Agreement shall be done by both Parties to this Agreement working as one unit; therefore, personnel and equipment, not included in Exhibit "A", "B" and "C" may be temporarily dispatched elsewhere from time to time for mutual aid. X. EMPLOYMENT STATUS A. Employment Status. Any person employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purpose of this Agreement, and shall not be considered employees of City. No such County employee shall have an entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City. B. Labor Shortage. In the event of a work slow -down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received. M 0 CONTRACT NO. C23910 XI. MUTUAL AID If County renders mutual aid or assistance as authorized in Section 13050 and 13054, Health and Safety Code, the County may demand payment of charges and seek reimbursement of City costs for personnel as funded herein, under authority given by Section 13051 and 13054, Health and Safety Code. The County in seeking said reimbursement will represent the City in following the procedures set forth in Section 13052, Health and Safety Code. Any recovery of City costs, less collection expenses, will be credited to the City. XII. INDEMNIFICATION AND HOLD HARMLESS A. Indemnification by City. City shall indemnify and hold County, its officials, officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorney fees, County officials, officers, agents, and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. B. Indemnification by County. County shall indemnify and hold City, its officials, officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission by County officials, officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on City by the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend at its expense, including attorney fees, City, its officials, officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. XIII. DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92570 CITY OF PALM DESERT City Manager 73510 Fred Waring Drive Palm Desert, CA 92260 -7- 0 CONTRACT NO. C23910 XIV. ALTERATION OF TERMS No addition to, or alternation of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the from of a written amendment to this Agreement which is formally approved and executed by both Parties. XV. ADDITIONAL TERMS A. Administration. The City Manager of the City shall administer this Agreement on behalf of the City and the County Fire Chief shall administer this Agreement on behalf of the County. B. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. C. Standard of Care. In performing the Fire Related Services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by fire department personal in performance of the duties require by this Agreement. D. No Third Party Rights. The City and County agree that the provisions of this Agreement are not intended to create or clarify any right in third parties not a Party to this Agreement. In addition, no third party shall have any right or action hereunder. This Agreement shall not be enforceable by any parties other than the City and County. E. Privileges and Immunities. All privileges and immunities of the City and County provided by state or federal law shall remain in full force and effect. F. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parities, and shall not be assigned by either Party without the prior written consent of the other. G. Jurisdiction and Venue. This Agreement shall be construed under the laws of the State of California. In the event any action of proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County. H. Entire Contract. This Agreement contains the whole contract between the Parties. It may be terminated at any time or any provision herein contained may be amended or modified upon the mutual written consent of the Parties hereto. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above. %NTRACT NO. C23910 SIGNATURE PAGE TO COOPERATIVE AGREEMENT CITY OF PALM DESERT APPROVED AS TO CONTENT: By: CARLOS L. O EGA City Manager Dated: J4 (P z o� COUNTY OF RIVERSIDE APPROVED AS TO CONTENT: By: 4FirChief E. ANTH Y APPROVAL BY THE BOARD OF SUPERVISORS: By: L k an, Board of Su] Dated: - 9- 0 r APPROVE? AS 9 FORM: B C' y. DAVID "RWIN City Attorney ATTEST: By: R, CHELLE �LA EN City Cleric Dated:'AZ �— APPROVED AS TO FORM: By: L.zc A WILLIAM C. KATZENSTEIN County Council ATTEST: r' By:,,, of the Board OATice Dated: C. 6/14/2006 CONTRACT NO. C23910 PALM DESERT FIRE SERVICES FIRE PROTECTION, FIRE PREVENTION & MEDICAL AID COSTS ESTIMATE FOR FISCAL YEAR 2005/2006 EXHIBIT "A" SERVICE DELIVERY COST CAPTAINS ENGINEERS FF II's FAE MEDICS STA. #33 301,504 248,019 2 321,083 3 139,440 1 (Truck) 432,427 3 372,028 3 642,166 6 STA. #67 301,504 144,142 1 124,009 1 321,083 3 139,440 1 STA. #71 301,504 144,142 1 248,019 2 321,083 3 139,440 1 5 8 15 3 SUBTOTAL STAFF COUNT SUBTOTAL BATALLION CHIEF (52% Shared) 190,034 each FIRE CAPT MEDIC COORDINATOR 160,316 each FIRE SAFETY SPECIALIST 77,139 each FIRE SYSTEMS INSPECTOR 63,085 each OFFICE ASSISTANT OPERATING EXPENSES FOR MEDIC UNITS 47,686 each Station FIRE ENGINE USE AGREEMENT 16,050 each engine 'SERVICE DELIVERY ADMIN CREDIT 7,114 each station TOTAL ESTIMATED COST OF SERVICES LESS ESTIMATED FIRE TAX CREDIT ESTIMATED PALM DESERT BUDGET TOTAL STAFF SERVICE DELIVERY COSTS: SUPPORT SERVICES OPERATING SERVICES Administration Telephone Fire Prevention Radio Maintenance Automotive Facility Maintenance Dispatch Utilities Training Vehicle/Engine Maintenance Data Processing Fuel Haz. Materials Team Fire Fighting Equip. Communications Training Accounting First Aid Supplies Personnel Office Supplies/Equip. Public Affairs Procurement CAPITAL EQUIPMENT Volunteer Support Fire Fighting Equip. Emergency Services ' Volunteer costs in Service Delivery are removed for Sta. 67 & 71. " STRUCTURAL FIRE TAXES 2,123,054 REDEVELOPMENT PASS THRU 1,899,681 total contract transfer (952,678) TOTAL TAX FUNDING 3,070,056 06PaImDsrt 02-18 2005 FF II MEDICS TOTAL 611,324 5 1,621,369 11 1,446,622 12 611,324 5 1,641,502 11 611,324 5 1,765,512 12 15 46 $6,475,005 98,817 o.52 160,316 1 77,139 1 126,169 2 42,906 1 143,059 3 48,150 3 (14,229) 2 $7,157,333 (3,070,056) $4,087,277 51.5 V-1 C7 CONTRACT NO. C23910 Exhibit "B" CITY OF PAI A4 nURFRT nWIVVn vvurrr vc 2003 2001 2004 2004 2004 2004 1988 1997 1997 1972 M33 03X807 M33R OIX822 M67 05X808 M71 05X809 EMS12 04X820 T33 03X835 T33R 88X440 SURVEYED SURVEYED SURVEYED TCROWN FORD FORD FORD FORD FORD KME GRUMMAN FORD FORD TYPE I AMBULANCE FRAZER TYPE I AMBULANCE FRAZER TYPE 1 AMBULANCE FRAZER TYPE 1 AMBULANCE FRAZER F150 PICK UP LADDER TRUCK AERIEL CAT TYPE 1 AMBULANCE AEV TYPE 1 AMBULANCE AEV AERIEL SNORKEL 1FDWF36F83EA65073 1FDWF36F3YED68138 IFDWF36P24EC49077 1FDWF36P44EC49078 2FTRX17WX4CA35999 lK9AF428X3N058614 ID91L43FIJI008894 1FDKF37F9VEA38805 1FDKF37F7VEA38804 12084 E1173404 E1055803 El 173402 E1173401 El180876 El 180876 E207828 E050675 E050674 E441492 • 11 EXHIBIT "C" CONTRACT NO. C23910 2003 _--mmminutwoo M33 Freno Wash Kim Model 93EX GURNEY L-695046 $3,500.00 2000 M33R Freno Wash Model 93EX GURNEY L-346663 $3,500.00 1 2004 M67 Freno Wash Model 93EX GURNEY L-605079 $3,500.00 2004 M71 Freno Wash Model 93EX GURNEY L-382927 $3,500.00 2000 PC Office Freno Wash Model 93EX GURNEY L-360306 $3,500.00 02/01/04 M33 ZOLL 12 LEAD 'M' SERIES T03J51658 $18 500.00 06/01/01 M33R ZOLL 12 LEAD `M' SERIES TOOL17660 $15 600.00 11/01/00 M67 ZOLL 12 LEAD `M' SERIES TOOK10765 $15 600.00 02/04/04 M71 ZOLL 12 LEAD'M' SERIES T031,53987 $18 500.00 06/01/01 E33 Phillips Medical HEARTSTREAM AED's 502061564 $3 490.00 06/01/01 E67 Phillips Medical HEARTSTREAM AED's 502061514 $3 490.00 06/01/01 E71 Phillips Medical HEARTSTREAM AED's 502061561 $3 490.00 06/01/01 T33 Phillips Medical HEARTSTREAM AED's 502061503 $3 490.00 YEAR ASSIGNMENT MAKE DECRIPTION SERIAL # VALUE 2003 E33 MSA THERMAL IMAGING A-1 10779-1103 $8 200.00 2003 E67 MSA THERMAL IMAGING A-2 11202-KO3 $8 200.00 2003 E71 MSA THERMAL IMAGING A-2 11204-KO3 $8,200.00 2003 T33 MSA THERMAL IMAGING A-2 11205-KO3 $8 200.00 2003 SPARE MSA THERMAL IMAGING A-2 11206-KO3 $8 200.00 2003 T-33 HOLMATRO RESCUE CUTTER 302000277 $4 643.00 1998 T-33 HOLMATRO RESCUE TOOL 27" 324200218 $17 936.00 2001 T-33 THERMO-GAS GENSIS GAS MONITOR 129040 $1 965.36 T-33 HOLMATRO POWER UNIT 16319 $25 153.00 T-33 HOLMATRO MED RAM 200512908692 $2 027.00 T-33 STIHL CHAINSAW 046 147338939 $900.00 T-33 STIHL CHAINSAW 046 147340641 $900.00 T-33 AIR HOSE KIT n/a $2 599.00 T-33R TRUCK BASKET FIRE n/a $1 040.00