The URL can be used to link to this page

Home My WebLink Aboutbocc.con.079.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: o~9-zoos Originating Departrnent/Division: Airport Contact Person: Steven Schultz Project Name: Finger Print Machine ^ BOCC AGENDA ITEM (BOCC signature required) Phone #: 429-2858 ®STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: ^None ®Infonnal ^Fotrnal ^Sole Source ^Emergency ^State Bid ^ Check Coutract Tvpe: Dollar Amount: $13,513.00 Budget Liue Item/Ledger Number 404.66.00000.83000 es/Maintenance ^Employment (for county employees) ~e/LJse ^Intergovetnmental Agreement (Requires BOCC Action) ^Non-Profit action ^Quasi-Public Equipment, Supplies ^Grant Agreements (Requires BOCC Action) (e.g. revenue) ^Change Order/Contract Amendment ContractorBusiness Identix Biometeric Incorporated Complete Name: Greg Bannore Contract Execution 3/5/2008 Contract End Date: N/A Automatic Renewal N Term of Contract: N/A All Contracts should be proofed for the following: ®No Pages Missing ®If a Page is Left Intentionally Blank -Note on Page ®Page numbered consecutively ®All Signatures Affixed ®All Dates Filled In ®All Other Blanks Filled In ®All Exhibits Attached ®All Legal Descriptions Attached (if appropriate) ®Notice of Award/Proceed Attached (if appropriate) ^Special Instructions for Finance Department: ®Sent to Clerk and Recorder for Scanning/Archiving ®Authorized Staff Person's Name: Steven Schultz BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended 10_16_06 (1 ~ f CONTRACT FOR THE PURCHASE OF GOODS Contract # 079-2008 Budget line item #404.66.00000.83000 Rev. 2I13/06dq THIS CONTRACT is made and entered into this 5th, day of March, 2008 , by and between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "Buyer") and Identix, Incorporated, (hereinafter "Vendor"). 1. GOODS PURCHASED. Vendor shall provide Buyer the following goods conforming to the stated description and any Technical Specifications attached to this contract: Finger print hazdware and software provided from Identix, Incorporated as attached in the customer quotation. The software and hardware purchased is designed to replace the cunently out dated system provided by Identix, Incorporated to enhance bianehic imaging and processing efficiency to receive criminal history records check's on individuals applying for Airport Access Media. 2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the Buyer at the following place and tirne: Place: Aspen/Pitkin County Airport 0233 E. Airport Rd. Suite A Aspen, Colorado 81611 Date and Time: 4/14/2008 3. RISK OF LOSS. At all times prior to delivery and Buyer's acceptance of the goods, Vendor shall bear any and all risk of loss of or damage to the goods. During such period, Vendor shall insure the goods for loss or damage in amounts and under appropriate terms. 4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for delivery of goods. 5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to Buyer for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of $50.00 per calendar day for each day or part of a day that goods are not delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the 1 anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by Buyer as noted on the attached customer quotation. Buyer shall have 7 days for inspection of goods. At delivery and a$er inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, together with any and all other documents evidencing such ownership and title to the goods. The goods shall be delivered to Buyer free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. 7. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this conhact, Buyer may reject goods. Upon failure of Vendor to deliver goods, Buyer may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 8, WARRANTYlREPAIRS: A, Delivery of Warrantv. Upon delivery of the goods, Vendor shall simultaneously tender to Buyer all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendor. B. Terms of Warranty and Repair. See attached warranty C. Extended Warranties. In addition to the above, the Buyer may avail itself of the Vendor's standard and/or extended warranties. 'fhe Vendor shall offer to the Buyer any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended wazranties, for which the Buyer may be eligible, which become available thereafter. The Brayer is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to Buyer in accordance with this contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated srun of $13,513.00, but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Buyer has the right to terminate this contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereof. 11. BUYER'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this conhact in accordance with its terms, Buyer shall be entitled to suit for damages, specific performance or other relief in law or equity. 12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the Buyer. 13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 14. SEVERABILITY. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 15. INTEGRATION AND MODIFICATION. This contract represents the entire and integrated contract between the Buyer and Vendor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the Buyer and Vendor. l6. EXEMPTIONS. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK. 17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 13, the substantially prevailing parry shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that Buyer is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et, Seq., C.R.S., as from time to time amended, or otherwise available to Buyer or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to requhe or ptovide for indemnification of the Vendor by the Buyer for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or employees. 20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall 3 constitute only currently budgeted expenditures of Pitkin County as Buyer. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating amultiple-fiscal year direct or indirect debt or other fmancial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within ttuee (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County Steven Schultz Properties Administrator 233 E. Airport Rd. Suite A Aspen, CO 81611 970-9205380 B. To Vendor: Greg Barmore VP of State and Local Sales Identix, Incorporated 5705 West Old Shakopee Road Suite 100 Bloomington, MN 55437 with conies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 IN WITNESS WHEREOF, the pazties have executed this contract as of the date first set out herein above. VENDOR: eg Barmore VP of State and local Sales PITKIN COUNTY COLORADO Stcven Schultz Office/Properties Administrator 4 IDENTIX LIMITED WARRANTY Identix® TouchPrintTM Livescan Product Line LIMITED PRODUCT WARRANTY /DISCLAIMER !LIMITATION OF LIABILITY. Identix warrants that the Product will be free from defect in materials and workmanship for a period of one (1) year from the date of Identix's installation of the Product or one (I) year fiom the date of Identix's shipment of the Product if a party other than Identix installs the Product. Identix's sole obligations under this warranty are limited to, at Identix's option, repairing (at Identix's factory), replacing, providing credit for or refunding the net purchase price of any Products which shall be returned to the factory of origin prior to expiration of the warranty period, transportation charges prepaid, and which are determined by Identix in its reasonable judgment to be non-compliant with the foregoing warranty. IDENTIX DOES NOT WARRANT THAT THE SOFTWARE EMBEDDED, INSTALLED IN OR USED IN CONNECTION WITH THE PRODUCT IS ERROR FREE OR THAT USE OF SUCH SOFTWARE WILL BE UNINTERRUPTED. FURTHERMORE, IDENTIX SPECIFICALLY DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES CONCERNING THE PRODUCTS AND THE SOFTWARE EMBEDDED OR INSTALLED THEREIN OR USED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. IN NO EVENT SHALL IDENTIX BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE; LOSS, INACCURACY, OR CORRUPTION OF DATA OR LOSS OR INTERRUPTION OF USE) ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, THE PRODUCTS, OR PRODUCT SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limited warranty is in lieu of all other Identix obligations and liabilities. 'T'his warranty shall not apply to any Product which has been installed, repaired, modified or altered in any way, except by Identix, or which shall have been subjected to misuse, negligence, or accident. The aforementioned provisions do not extend the original warranty period of any Product that has either been repaired or replaced by Identix. Identix's warranty and warranty upgrade services shall be governed by and construed according to the laws of the State of Minnesota, excluding its conflict of laws provisions. Legal.wflivescanlimitedwarrantyoct72004standardwarrantyonly. doc S Customer Quotation Identiz, Incorporated 5705 Well Old Shakopee Roatl Suite 100 Bloomington, MN 55437-3107 Tel: (952) 932.0868 Fmc: (852) 932-7781 TIN E: 94-2842498 Quotation Information Number Date Valid Until Contrect(if appl[eable) JB-26230 1/31/2008 4130/2008 None r Ae Name: Justin Boothe Please Send Purchase Order to the Address Below: Addr: 2001 Mariah Cove Round Rock, TX 78664 Tel: (512)733-0503 Fax: (512)733-5475 Email: JBootheQa LIID.com Aspen Pilkin Coung Airport 233 last Airport Rnad, Suite A Aspert, CO 8161 I USA ATTN: Steve Schultz TEL: (970) 920-5384 FAX: EMAIL: stcvenscLalrn.pitkin.co.us Ippmg naareas: en Pitkin County Air)wrt East Airport Road, Suite A rn, CO 81611 Steve Schnla (970) 920-5384 steeeascCco.pilkin.co.us nuurmauun: Customer T e F.O.B. Pa ment Terms Cust PO # S eclat Pricfn S&L Non_Law Enforcement Origin Net 30 Select Product Pricing Model Number Deacrlp0on Quantity Unlt Final Price oufiguretimt Name Sys_LS_I Product TPE-COMX-VPNCISC TonchPrivlTTt YPN Communicedons far CLSCOTAI VPN Client 1 $102.00 $102.00 TPE-CSTX-AAAE AAAE Live ScanCmtomiaadonTOTs:NFUF,FAUF,FANCCards: I $374.00 $374.00 FD258, SF67 Tmnmtits Dixl W to AAAE Retum \fs8o NO TPE-4100uXDFS-ED NoTR: ThUprodnct robe gem<dwitb HWOX-PRRI or 1 $10,370.00 $10,370.00 HWOX-PWR2. TouchPriotTaf 4100 enhmttd deLwsian DesUOp Lira Stan Syttem with USB interface ®d Firt Panel Monitor. [odudes 4)00 USBd Appliance, TouchAim Enterprise Application Soflarero wish Slep ro Ro0 ifatcbing 8 Des4iop PC running XP. I lr. H<tp Dent Included \\'arranry~ Service 4100XDF5-W9$ Warrenry Upgrade 9/S 1 $442.00 $442.00 L1T Page 1 of 3 Customer Quotation Idengx, Incorporated 6705 Weat Oltl Shakopee Rued Sidle t 00 9loomtnpton, MN 65437J107 Tel: (962) 932-0888 Fax: (882) 932-7181 TIN a: 942842488 Quotation Information Number Date Valid Until Contract(If applicable) JB•26230 1/31/2008 4!3012008 None ,count Manager Is: Nama: Justin Boothe Please Send Purchase Order to the Address Belmv: Addr: 2001 Meriah Cove Round Rock, TX 786b4 Tel: (512)733-0503 Fax: (512)733-5475 Email: 1BootheQQ I,IID.com CuatomerT a F.O.B. Pa moot Terms Cust PO# S ecial Pricin S8L Non_Lew Enforcement Origin Net 30 Select Product Pricing Model Number Description Quantity Unit Final Priee TP-IAT-IDAY Installation end Twining, One Day: Standard one dey on-site 1 $2,125.00 $2,125.00 imtallation erM training senice. Includes installelion end honing to be completed in one business day. Twining forflperetow (up to 6 people) and far Syslms Maasg<w (up l0 4 people). Recommended for TP•3000, TP-3100 and TP-3309 sertes liceuav systems IncludeslracN and all wlated ezpenus. Total fm• Freight POB Origin (Estimated): SI00.00 S}s_LS_I SubTotal 513,513.00 Total for Extended Quantity System Conflguraflon: 513,513.00 Page 2 of 3 1 Identix, Incorporated 5705 West Old Shakopee Road Suite too Bloomin8ton, MN 55437-3107 Tel: (952) 832-0868 Far. (852) 832.7181 TINA: 84-2842498 Customer Quotation Quotation Information Number Date Valid Until Contrectf (f applicable) JB-26230 1131/2008 413012008 None Name: Justin Boothe Please Send Purchase Order to the Address Belmv: Addr: 2001 Madah Cove Round Rock, TX 78664 Tel: (512) 733-0503 Fax: (512) 733.5475 EmaII: JBoothe(Ra1LITD.com CuatomerT a F.O.B. Pa maul Terms Cust PO # S aciei Pricin S&L Non Law Enforcement Origin Net 30 Seleet Stated prices do not include any sales, use, value added, federal, state local or other tuxes, or any custotn duties. All such taxes or duties shall be paid by enstomeq or in lieu thereof, customer shall provide an appropriate tax exemption form. Customer x(1811 in itts purchase order specifically include the applicable sales tax amount or provide a current tax exemption certificate. Without the applicable tax amont or a tax exemption certificate, Identix will not enter the purchase order. Identix reserves the right to invoice customer for sales tax calculation in customei s purchase order that is insuf£cient. General Terms and Conditions: I) This Quotation is valid for 90 days from the date of Quotation. 2) Purchase Order must referenceeorrect Quotation Number and Date of Quotation. 3) Unless otherwise agreed to iu writing by Identix, all sales of Identix Iwrdn•are products, and all licenses of Identix software, are subject to Identix' standazd terms and conditions of sale and license. 4) Unless otherwise agreed to in writing by Identix, all products arc subject to Identix' standard warranty, at the quoted R'arranty Service Level, for a period of one year frow the date of installation. 5) Unless otherwise agree to iu eTiting by ldeutix, Products are sold FOB -Identix Factory, Mimretonka, MN. Prices are exclusive of shipping, handling and freight charges, which are sepemtely idernitied in the Quotation, and which are the sole responsibility of dte purchaser. 6) Stated prices do not include any sales, use, value added, federalstate or local or other taxes, or any customs duties. All such taxes or duties shall be paid by customer, or, in lien thereof, customer shall provide an appropriate tax exemption form. Qrslomer shall in its purchase order specifically include the applicable sales tux amount or provide a cuvent tax exemption certificate. R'ithout the applicable tax amonl or a tax exemption certificate, Identix avill not enter the purchase order. Identix reserves the right to invoice customer for sales tax in the event the calculated amount in customer's purchase order is insufficient. 7) Subject to credit approval by Identix, all payments are due in full net thirq~ (30) days from date of invoice. In the event Identix does not approve such credit, other payment tents must be agreed upon by the parties . 8) Prices are exclusive of engineering or other labor service charges provided by Tdentis at the request of purchaser, unless such engineering or other labor is expressly covered by warranty and otherwise required directly as a result of defects in materials or +rorkmanship. Engineering and other labor services, as well as parts and mnterials, provided by Identix outside of applicable warranty shall be paid for by the purchaser at Identix' then current time and mnterials charges. 9) Identix provided maintenance support following the warrnnt}• period is recommended by Identix. Help Desk, On-Site end 24/7 maintenance sappon programs are available, subject to execution of Identix Standard Maintenance Agreement. 10) Where applicable, in sole judgment of Identix, this Quotation is subject to existing contrnct pricing between Identix and the purchaser. Current contrect number must be identified on the Purchase Order. 11) Any discount prices are for like quantities ordered on the same Purchase order. Quantities are not cumulative. Any change in the quantity ordered may affect price. Contact Identix for new quote with desired quantities. 12) This Quomtion and these terms and cmnditions apply to domestic U.S. orders only. 13) This Quotation is Identix Inrnrporaled proprietary. Quotation Prepared for Identix Incorporated by: Date: Page 3 of 3