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R18-017RESOLUTION R18 -017 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A RENTAL CONTRACT WITH PANTROPIC POWER, INC., FOR THE RENTAL OF A 1,000 KILOWATT BACKUP EMERGENCY GENERATOR FOR A MONTHLY COST OF $7,866 FOR FISCAL YEAR 2017/18; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the backup emergency generator at the East Water Treatment Plat failed, was not reparable within the current environmental regulations and has been sold; and 1� 1 11 1' WHEREAS, the operating permit for the plant requires back -up generating capacity to ensure ongoing operations during periods when Florida Power and Light is unable to provide the necessary electrical power; and WHEREAS, a standby generator has been rented while decisions are made on the best long term solution for power supply to the plant; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 2' 2 2: of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign a Rental Contract with Pantropic Power, Inc., for the rental of a 1,000 kilowatt backup emergency generator and cables at the 23 East Water Treatment Plant for a monthly cost of $7,866 for fiscal year 2017/18. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 2811 hereof. C:\ Users\ StanzioneMppData\Local\Microsoft \Windows \Temporary Internet Files\ Content .IE5 \VAGZE6P0 \Generator_Rental_ Contract _(Pantropic_Power)_- _Reso.doc 291 301 31 32 33 34 35, 36! 371 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 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the City Manager to sign a Rental Contract with Pantropic Power, Inc., for the rental of a 1,000 kilowatt backup emergency generator and cables at the East Water Treatment Plant for a monthly cost of $7,866 for fiscal year 2017/18, for a total cost of $94,392, a copy of said Rental Contract is attached hereto and made a part here as Exhibit "A ". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6 th day of February, 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz ;— Commissioner — Mack McCray Commissioner — Christina L. Romelus v Commissioner — Joe Casello VOTE 5 "-a ATTEST: Judit A. Pyle, CMC , City lerk (City Seal) C:\ Users\ StanzioneMppData\Local\Microsoft \Windows \Temporary Internet Files \Content.IE5 \VAGZE6P0\ Generator_ Rental_ Contract _(Pantropic_Power)_- _Reso.doc General Terms & Conditions 1. Equipment is subject to prior sale or rental 2. Customers who do not elect to prepay fuel are subject to a refueling service charge per gallon for shortages upon return. 3. Customers are required to perform all maintenance on equipment. Neglect on customer's behalf is subject to additional charges. Customers can elect or hire our service department maintenance at additional charges as Pantropic Power offers 24 hour emergency services and preventive maintenance services. 4. Customer is responsible for all connections and disconnections of the rented equipment unless otherwise noted. Pantropic Power is NOT authorized to connect /disconnect to /from customers' load point(s). 5. Pantropic will provide top -off service and re- fueling service with fuel dispensed at market price per gallon. Customer may elect this service _Yes, _No, if Yes, please provide initial 6. Proof of insurance must be provided prior to the customer taking delivery of rented equipment. If proof is not provided, customer agrees to be charged for Pantropic's Loss /Damage Waiver at 14% of the equipment rental rate. Additional Terms & Conditions 1. RENTAL TERM: Rental term begins when generator leaves Pantropic's property for delivery to customer and ends when customer notifies Pantropic, in writing or email, to pick -up the generator. 2. USE OF EQUIPMENT: Customer agrees to use the equipment only at the specified location as indicated on the rental contract as jobsite or event site. Customer agrees to not remove, sublease, or re -rent equipment during the full rental period. 3. TRANSPORTATION: Charges are applicable to /from customer's location from Pantropic Power's headquarters in Miami, Fl. 4. BILLING: All rentals are billable in advance and begin on the day equipment is first shipped to customer's site and end the day equipment is returned to Pantropic. If equipment is initially rented with a Credit Card, Pantropic is entitled to charge said card periodically and at such times for all amounts calculated to be due and owing. 5. RETURN OF EQUIPMENT: Customer agrees to have all rented items returned during normal business hours and in the same condition and repair as when it was delivered. 6. RETENTION OF EQUIPMENT /EXPIRATION OF TERM: If the customer retains the equipment after the expiration of the stated term on the contract, such retention shall be construed as a continuance of this rental contract at the same rental rate and under the same terms & conditions. 7. OWNERSHIP OF EQUIPMENT: The parties herein agree that Pantropic retains all rights and title to the rented equipment and customer may not have said equipment liened or pledged as collateral. 8. RISK: Risk is transferred to the customer upon receipt of equipment and remains with the customer until equipment is returned to Pantropic's yard. The customer is liable for all damages to the equipment while in its possession. 9. MAINTENANCE /BREAKDOWN: all generators must be serviced at 250 hour run time intervals (unless otherwise negotiated and stated within the rental contract) at customer's expense. Rent shall NOT ABATE due to any maintenance needs. Customer shall not attempt any repair to the rented equipment without prior written consent of Pantropic. PANTROPIC MAKES NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF M ECHANTABI LITY OR THAT THE UNIT IS PROPERLY FIT FOR ANY PARTICULAR PURPOSE. 10. ACCESS: Pantropic reserves the right to enter the customer's location at any time upon giving prior reasonable notice to the customer in order to inspect, maintain, and /or repair the rented equipment. 11. RESPONSIBILITY FOR LOSS /DAMAGE TO EQUIPMENT: Customer shall be responsible for any losses or damage to the equipment resulting from any cause whatsoever. Customer agrees to bear the risk of loss or destruction of rented equipment until such time as the equipment is returned to Pantropic at the end of the rental period. 12. INDEMNIFICATION: CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD PANTROPIC HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, CLAIMS, PENALTIES, INJURIES (BOTH TO BODY AND PROPERTY), AND ALL COSTS AND EXPENSES RELATING TO OR RISING OUT OF THE EQUIPMENT IN WHATEVER MANNER IN CONNECTION WITH ANY EVENT OCURRING PRIOR TO THE PROPER RETURN OF THE EQUPMENT TO PANTROPIC. Pantropic is not liable for any downtime, consequential or inconsequential damages or incidents to the customer or any third party claiming through or on behalf of the customer for use of the equipment.