It is requested that Council approve the purchase of Network Switches and AP Bundles from CPak Technology Solutions in the amount of $50,385.20. The purchase will be made by cooperative purchase via Georgia Statewide Contract # 99999-SPDT20120501-0006.
The Information Technology Department has determined the network switches and AP bundles are needed for the following areas:
-Upgrade the Human Resources Department so they will be able to use the new computers being deployed for the Advantage 360 system;
-Upgrade the 6th floor to enable wireless coverage and video capabilities;
This equipment lease ("Lease") is made and effective _______________, 2017 by and between Family Holdings Sub, LLC, a Georgia limited liability company (the "Lessor"), and the the Columbus, Georgia Consolidated Government (“CCG”) acting to procure equipment for the use of the Sheriff of Muscogee County (“the Sheriff”) in the Muscogee County Jail (collectively, the “Lessee”).
1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment: a video visitation system more particularly described in Exhibit A attached hereto and made a part hereof (the "Equipment").
2. The initial term of this Lease shall commence upon installation of the Equipment, which shall occur no later than October 1, 2017, and expire on June 30, 2018. It shall automatically renew for three additional one year terms unless written notice of non-renewal is given by the Sheriff or the City Manager to Lessor at least thirty (30) days in advance of the first payment date of the next term. The (“Final Term”) of the Lease shall commence on July 1, 2021, and the Lease shall expire on August 1, 2021.
3. The rent for the Equipment shall be paid in the amounts and on the dates as set forth in Exhibit B. Rent shall be made at Lessor’s place of business, or any other place of business as Lessor or its assignee may direct installments. Any rent payment not made by the due day shall be considered overdue, and Lessor may levy a late payment charge equal to one percent (1%) per month on any overdue amount. Partial Month Rent shall be prorated.
4. Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment.
5. Lessor disclaims any and all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, except that Lessor warrants that Lessor has the right to lease the Equipment, as provided in this Lease.
6. Sheriff, or its contractor, at its own cost and expense, shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order.
7. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment during the term of the Lease. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease, which shall continue in full force and effect through the term of the Lease.
8. This Lease is intended by the parties to comply with the provisions of O.C.G.A. § 36-60-13. Lessor shall retain all title and ownership in the Equipment throughout the term of the Lease and any renewals. If the Lease is terminated by a Notice of Termination given by Lessee in accordance with paragraph 3 above, the Lessee shall owe no further payments under the Lease; provided that upon such termination, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at Lessee's cost and expense to such place as Lessor shall specify within the city or county in which the same was delivered to Lessee.
9. Upon Lessor’s receipt from Lessee, of the total rent under this Lease in the amount of $461,337.20), Lessee shall have the option to purchase the Equipment for One Dollar ($1.00) and shall be deemed to have exercised such option unless it shall have provided notice of the non-exercise of such option to Lessor at least 30 days prior to the Final Payment Date. By giving 30 days advance notice to Lessor, the Lessee may exercise its option to purchase the Equipment for One Dollar ($1.00) on any earlier Payment Date set forth on Exhibit B by making the full rental payment otherwise due on that date and also paying the remaining principal amount owed as shown on Exhibit B. No prepayment penalty shall be assessed.
10. Lessee shall upon request of Lessor provide a letter stating that it is self-insured against loss of and damage to the Equipment for not less than the full replacement value of the Equipment.
11. If Lessee fails to pay any rent or other amount herein provided within thirty (30) days after the same is due and payable, Lessor shall have the right to exercise the following remedies: To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law; to terminate this Lease; and to use all available legal remedies to collect any amounts already past due or becoming due for any period of time during prior to the Lessor taking or being delivered possession of the Equipment.
12. Lessee hereby waives any and all damages occasioned by such taking of possession.
13. Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor. This Lease shall be binding on, and inure to, the benefit of the contracting parties and their respective heirs, successors, legal representatives and assigns, when permitted by this Lease.
14. The invalidity or unenforceability of any provision in this Agreement shall not cause any other provision to be invalid or unenforceable.
15. All notices, consents, waivers or other communications, except invoices, required or permitted under this Lease shall be sent by certified mail, return receipt requested, and shall be deemed to have been given when mailed to the parties at their respective addresses set forth below or when mailed to the last address providing in writing to the other party by the addressee:
Family Holdings Sub, LLC Columbus Consolidated Government
600 Brookstone Centre Parkway Attn. Finance Director
Columbus, GA 31904 100 10th Street, 5th Floor
Columbus, GA 31901
16. This Lease shall be construed and enforced according to laws of the State of Georgia. This instrument constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.
The parties hereto have executed this Lease as of the day and year first above written.
Muscogee COUNTY SHERIFF
COLUMBUS, GEORGIA CONSOLIDATED GOVERNMENT
Lessor: Family Holdings Sub, LLC
WHEREAS, the Information Technology Department has determined the network switches and AP bundles are needed for the following areas: