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Home My WebLink About2019-271Resolution No. 2019-271 RESOLUTION NO. 2019-271 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A 48 -MONTH AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ODYSSEY POWER CORPORATION WHEREAS, the Police Department's Uninterruptible Power Supply system is currently rented from and maintained by Odyssey Power Corporation; and WHEREAS, Odyssey Power Corporation has provided a quote for continued rental and maintenance of the existing system that is lower than the previous contract amount; and WHEREAS, Odyssey Power Corporation is the best option for the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute 48 -month Equipment Rental Agreement #OPCQ23287, attached hereto as "Exhibit "A," between Odyssey Power Corporation and the City of San Bernardino for a total amount of $68,900.16. Pursuant to San Bernardino Municipal Code 3.04.010(b)(3), the Mayor and City Council approve this purchase. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Resolution No. 2019-271 APPROVED and ADOPTED by the City ffun '1 and ied by the Mayor and attested by the City Clerk this 21' day of Aug st 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann H ia, MMC, City Clerk Approved as to form: elk— Gary D. Saenz, City Attorney Resolution No. 2019-271 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-271 adopted at a regular meeting held on the 21 't day of August 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ FIGUEROA _ SHORETT� NICKEL _ x RICHARD MULVIHILL _ WITNESS my hand and official seal of the City of San Bernardino this 21" day of Au u t 2019. Georgeann HIwina, MMC, City Clerk QUOTE FOR EQUIPMENT RENTAL Licence 793476 Date Quote # 08/14/19 OPCQ23287 Sold To: San Bernardino Police Susan Stevens 710 N. D St., B Building San Bernardino, CA 92401 Phone: (909) 384-5693 Email: Stevens—SU@sbcity.org Ship To: San Bernardino Police Jason Suarez 710 N. D St., B Building San Bernardino, CA 92401 Phone: (951)312-8705 Email: suarezja@sbcity.org We are pleased to submit the following quotatkm subject to the terms and c==ons on the lbfibmng page hereof It is understood that if acceptance of this proposal is acknowledged on the buyer's purchase order, such acceptance WN be subject to the tenns and conditions of this proposal with the same force and effect as though they were included on the buyers purchase order 1 RENTAL 1 TAX 1 1 1 1 Proposal # OPCQ23287 IDOW; ig 2019-2022 (48 month extension) Managed Power Rental Program Includes list of Critical Power Equipment and Services Renewal 4 year contract: Major consumable items will be replaced as needed to ensure equipment reliability: Capacitors AC/DC installed Batteries installed Fans installed Maintenance bypass Full annual maintenance contract Monthly Rental Rate Monthly Sales Tax Sub total per month Year One 2019 Year Two 2020 Year Three 2021 Year Four 2022 $1,329.09 $106.33 $1,435.42 $17,225.04 $17,225.04 $17,225.04 $17,225.04 Price: $68,900.16 1 of 3 End of Term Options - Termination: Customer to provide free and dear 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. - 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. Earty 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, attomeys' 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 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, 2022 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. Proposal # OPCO23287 2of3 Date Of Acceptance Customer Name \ M -j Customer Signature Pmposal # OPCQ23287 Sales Rep. Erendira Meza d�, Title Vll-� RWr691?-- Purchase Order o (/V - V V Vv 1211 3of3