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Home My WebLink About2015-181 RESOLUTION NO. 2015-181 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOUR YEAR 3 RENTAL/SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO 4 ODYSSEY POWER, INC. FOR THE POLICE DEPARTMENT'S POWER EQUIPMENT AND SERVICES. 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the City Manager is hereby authorized to execute on behalf of the 9 City of San Bernardino a Rental/Service Agreement with Odyssey Power, Inc., for the Police 10 Department's Managed Power Solution, a copy of which is attached hereto, marked Exhibit 11 "A" an incorporated herein. 12 SECTION 2. That the City Manager or his/her designee is hereby authorized and 13 14 directed to issue a Purchase Order in an amount not to exceed $21,904.02 utilizing account 15 number 001-210-0001*5172-0000. 16 17 18 19 20 21 22 23 24 25 26 27 28 /// I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOUR YEAR 2 RENTAL/SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO ODYSSEY POWER, INC. FOR THE POLICE DEPARTMENT'S POWER 3 EQUIPMENT AND SERVICES. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 17th day of August, 2015, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 X VALDIVIA _- 13 14 SHORETT x 15 NICKEL X 16 JOHNSON X 17 MULVIHILL X 18 19 Georgea Hanna, C, City Clerk 20 sP. 21 The foregoing resolution is hereby approved this / day of August, 2015. 22 23 R. Carey D is, Mayor 24 City of Sa Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 28 B Z:t /171 28 2015-181 ODYSSEYXPOWER PROPOSAL License 793476 Date Quote# 07/30/15 1I- OPCQ17485 Sold To: Ship To: San Bernardino Police San Bernardino Police Mike Eckley Jason Suarez 710 N. D St., B Building 710 N. D St., B Building San Bernardino, CA 92401 San Bernardino, CA 92401 Phone: (951)384-5673 Phone: (951)312-8705 Email: Eckley_Mi @ci.san-bernardino.ca.us Email: suarezJa @sbcity.org Managed Power Rental Program 48 Month Rental Term QTY TYPE DESCRIPTION AMOUNT ' Managed Power Rental Program Includes list of Critical Power Equipment and Services This is the option to extend the existing contract for an additional 12 months. 1 RENTAL Monthly Rental Rate(12 month extension) $2,832.73 1 TAX Monthly Sales Tax(12 month extension) $254.95 This is the option to start an new 4 year contract: This price includes: New capacitors AC/DC installed New Batteries installed New Fans installed Installation of Maintenance bypass Full annual maintenance contract 1 RENTAL Monthly Rental Rate (48 month extension) $1,449.92 1 TAX Monthly Sales Tax (48 month extension) $119.62 SubTotal $1,569.54 1 INITIAL Initial Payment (first month, last month and processing fee) $4,639.08 Proposal# OPCQ17485 Corporate Office:625 N Shepard St Anaheim, CA 92806*toll free 800 675 4645,tel 714 575 5010-fax 714 630 6901 www.odysseypower.com Northern CA Office:2880 Zanker Rd Suite 203 San Jose, CA 95134*toll free 800 675 4545-fax 800 809 1993 2015-181 End of Term Options -Termination: Customer to provide free and clear access to Odyssey Power for the equipment de-installation and removal. - Month-to-Month: Customer to continue rental program on a monthly basis until further notice provided by Customer. - Renewal: Customer renews rental agreement for an additional (48) month term. Major consumable items will be replaced to ensure equipment reliability. Equipment remains covered under diamond level maintenance plan for the entire term. Customer receives a 50% reduction in monthly rate during renewal term. - New: Existing equipment is de-installed and removed from site by Odyssey Power. Customer option to rent new equipment based upon a new monthly rate. - Purchase: Existing equipment may be purchased at the end of rental term. Exclusive Agreement Terms and Conditions 1. Equipment and Services Description: See Bill of Material and Services listed above for which RENTER shall pay Odyssey Power the monthly rental fee listed above and any applicable state or local sales tax. RENTER agrees to rent the subject equipment for minimum of(48) months. To start rent requires FIRST MONTH, LAST MONTH and PROCESSING fees in advance, plus any applicable taxes. Early Termination Fee will be charged in the event the RENTER terminates the agreement before the end of the agreement term. 2. Title remains with Odyssey Power at all times. RENTER shall not remove, conceal, or otherwise interfere with the title or the Odyssey Power ownership plate affixed to the equipment until and unless equipment has been purchased from Odyssey Power and Odyssey Power has received full payment for the same. 3. RENTER agrees to keep the above described equipment free of all liens, levies and encumbrances. RENTER shall not sell, assign or attempt to sell or assign equipment or any interest therein. 4. It is the RENTER'S responsibility to return equipment to Odyssey Power in the same condition it was received, normal wear and tear excepted. Odyssey Power will charge RENTER the current replacement cost of any manuals, cables, and /or other accessories which are not returned with the rented unit (s). RENTER is responsible for any loss or damage to the subject equipment for any reason including, but not limited to, theft, mysterious disappearance, flood, explosion and fire. If RENTER is unable to return any of the equipment or accessories to Odyssey Power for any reason, RENTER agrees to pay Odyssey Power the current replacement cost. RENTER is responsible for all monthly rental charges from the original date of shipment until all of the subject equipment has been returned to Odyssey Power. 5. In the event RENTER defaults in any of the terms or conditions of this agreement, Odyssey Power shall be entitled to the immediate possession of the subject equipment and RENTER allows Odyssey Power permission to enter the premises without prior notice and without breach or peace, to take possession of the subject equipment. 6. RENTER hereby assumes all responsibility for all and any damages to any person or property arising from the location, condition, or use of equipment, whether in operation or not, and growing out of any cause, including alleged imperfect or defective equipment. RENTER indemnifies Odyssey Power of and from all liability during the term of this agreement or arising while the subject equipment is in the possession of the RENTER. 7. RENTER shall pay Odyssey Power all costs and expenses, including reasonable attorney's fees, incurred by Odyssey Power in exercising any of its rights and remedies with regard to the rental of the subject equipment or the enforcement of any of these terms and conditions. 8. This contract contains all of the terms and conditions of this rental agreement. No oral statements, proposals or other agreements shall be binding on either of the parties hereto. 9. Attorneys' Fees. If any arbitration, litigation, action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, in relation to a breach of this Agreement or pertaining to a declaration of rights under this Agreement, the prevailing party will recover all such party's attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. As used in this Agreement, attorneys' fees will be deemed to be the full and actual cost of any legal services actually performed in connection with the matters involved, including those related to any appeal or the enforcement of any judgment, calculated on the basis of the usual fee Proposal# OPCQ17485 Corporate Office:625 N Shepard St Anaheim, CA 92806*toll free 800 676 4645-tel 714 575 5010-fax 714 630 6901 -www.odysseypower.com Northern CA Office:2880 Zanker Rd Suite 203 San Jose, CA 95134-toll free 800 676 4545*fax 800 809 1993 2015-181 charged by attorneys performing such services, and will not be limited to"reasonable attorneys' fees" as defined in any statute or rule of court. 10. Late Charges/Interest Fees. RENTER shall pay a late charge of one and one-half percent (1 1/2 %) per month on all amounts not paid when due. Late charges shall be included in the monthly statement and become part of the principal obligation due Odyssey Power. Pricing Terms: Honored until August 31, 2015 Payment Terms: Net 30 (Subject to credit approval) Agreement Term: 48 months All Odyssey Power Terms and Conditions shall apply By signing below the authorized agents acknowledge that each has read and does accept all the terms and conditions or this rental agreement. Date of Acceptance Sales Rep. Andrew Clapp Customer Name Title Regional Account Manager Customer Signature Purchase Order Proposal# OPCQ17485 Corporate O' 625 N Shepard St Anaheim, + • 31• -toll free 800 675 4545 1 675 5010 • 1 691 1 -www.odysseypower.com Northern + •" 381 Zanker '• Suite 203 Jose, + 96134-toll free 800 675 4545 :1131. ..