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Home My WebLink Aboutbocc.con.094.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: o9a-zoos Originating Department/Division: Airport Contact Person: Steven Schultz Phone #: 429-2858 Project Name: Personal Access Video Phone ^ BOCC AGENDA ITEM ^STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 7/2005) Check procurement type: ^None ^Infonrlal ®Folmal ^Sole Source ^Emergency ^State Bid ^ Check Contract Tvae: Dollar Amount: $8,304.60 Budget Line Item/Ledger Number 404.20.92220.83695 (for county employees) ental Agreement (Requires BOCC Action) ~, Equipment, Supplies (e.g. revenue) Profit Agreements (Requires BOCC Action) ;e Order/Contract Amendment ContractorBusiness Comm. Service for the Deaf Complete Name: Chris Soukup Contract Execution 3/26/2008 Contract End Date: N/A Automatic Renewal N Term of Contract: N/A All Contracts should be proofed for the following: ~ Pages Missing a Page is Left Intentionally Blank -Note on Page ge numbered consecutively 1 Signatures Affixed 1 Dates Filled In ll Other Blanks Filled In Il Exhibits Attached 11 Legal Descriptions Attached (if appropriate) otice of Award/Proceed Attached (iY appropriate) pedal Instructions for Finance Department: ent 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 ~ Qgs CONTRACT FOR THE PURCHASE OF GOODS Contract #094-2008 Budget line item #404.20.92220.83695 Rev. 1/26/08 js THIS CONTRACT is made and entered into this 26th 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 Communication Service for the Deaf, (CSD), (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: The purchase of a Public Access Video Phone See exhibit "A" attached. 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 time: Place: Aspen/Pitkin County Airport 0233 E. Airport Rd. Suite A Aspen, CO 81601 Date and Time: April 9`h, 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 conhact. The parties agree that the stated sum is a reasonable forecast of fair compensation for the 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. Buyer shall have seven (7) days for inspection.of goods. At delivery and after 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 contract, 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. WARRANTY/REPAIRS: A. Delivery of Warranty. 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. The Vendor hereby warrants that for a period of one (1) year after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the Buyer, replace all defective parts and make any repairs to the goods that may be required or made necessuy by reason of defective material or workmanship. Where practicable, warranty repairs are to be made in the field; however, in the event of major repairs, the goods may be transported to Vendor's facility at no cost to the Buyer. C. Extended Warranties. In addition to the above, the Buyer may avail itself of the Vendor's standard andlor extended warranties. The Vendor shall offer to the Bayer any extended warranties, which maybe available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the Buyer may be eligible, which become available thereafter. The Buyer is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Partial payment of $3,547.50 shall occur upon receipt of invoice for goods 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 remaining balance as its full and only compensation, the stated sum of $4,757.10, 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 teirnination and specifying the effective date thereof. 11. BUYER'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract 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 conhact 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. 16. EXEMPTIONS. All purchases of conshuction 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 party shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL 1MMiJNITY. 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 require or provide 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 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 shalt constitute a mandatory charge or requirement in any 3 ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be consfrued or interpreted as creating amultiple-fiscal year direct or indirect debt or other financial 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 sha21 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 three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County Steven Schultz 0233 E. Airport Rd. Suite A Aspen, Colorado 8161 I Fax: (970) 920-5378 B. To Vendor: Communication Service for the Deaf Ben Soukup, CEO 102 N. Krohn Place Sioux Falls, SD 57103 with conies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: PITKIN COUNTY COLORADO By: ~ ~~ ~ ~ By; ~~ o~ Bcn-Seniett~E~EO Authorized Signer ~ Chris Sou-4ti~,Chte~ mar~.ttnq t~/ Tltle:/"yU~rrficS /~~+~n.5fra~or 4 ' `CSD® www.c-s-d,org 3/12nooa David Ulaue Assistant Aviation Duector Aspen-Pitkin County Airport 0223 East Airport road, Suite A Aspen, CO 81611 Dear David, Below please find a quote regarding the equipment and services CSD understands you may desire to purchase. Please contact CSD with any questions or changes, or with confirmation of intent to purchase. Upon confirmation, CSD will then provide you with a Customer Agreement to complete your order. QUOTE # 08-00708 ;Quantity _ProduclP(aMe s,~~',s U_nifPriee 'v TdfalPrle%" I Public Access Videophare $6,995.00 $6,995.00 I PAV Premium Extended Warranty (1 yr) $995.00 $995.00 1 SSP Activation Fee per Unit $95.00 $95.00 I SSP PAV Total Package (minus CSD's contribufion) S 169.60 $169.60 1 PAV Shipping & Handling (Ground) $50.00 $50.00 (Total Package costs $349.50 annuually -year 2 and up) Grand Total: 58,304.60 Purchase of the products and services above may be procured by the customer through two flnaneial aptlons: 1. Direct purchase from CSD (customer's purchase order is required) 2. Leasing with Axis Capital: Leasing Options with uro down (estimated monthly payments based on the total quoted amount above) Contact Information; i/We hereby submit this request to CSD for its review and understand that this request in no way binds CSD to provide customer the equipment or services above. The contaM information for a response to this proposal is as follows: Contact Information Name: Title: Street Address: Internal Address: City, State, Zip: Telephoue: Email: v ' ~-~ ~t~`-~E ~~ ~ {Y S'~'NhB v 1 ~" O f~ i J+ 9 =~' t fi ' ~ i ~,~- . ~g ~~ b. r ~~ p ~ _ ~ N a~ ~ i~ ~ ~-- ._ ~~ ~~ .~~ge s~ ~. ~~~~ sgE.~ sus a ,. ~ ~ ~,. ~-.;;, ~ s q C ~'~g° r CG e ~ ~ ~ 4~ r ~ ~ ,y ^.4nN V V@E ~a *' a vim 03 a~ Q3 dt lp N ~~ s ~ V~ ~~ ~o~~~~d a a~i~o,~ ~.~~_~ d~ ~~ J L ~ Lam. 5~.~ ~° .r6 0 ;a T7 C ~q 4~ ~` Ord '°-'~¢~rn~ ~ o r~~- ~~ ~ ~.s ~ ~~~~o~d aa~ °~~~~ •~~S o ~~ ~_~~ g~ 1/cN1c/~~ Q~ G y N y O~ 6 L W t ~~~~~~~~ b _~ ~~~~~ ae'~ 8 ~~~ d ~a ~~ ~~~o~ d A ~~~~~ _ p ~' 'a a $ ~ b A = _ o _~.~ _,~ ~'~ e~B oaq ~~~ E 'O ~ C 8 S i s~~dd dg ~ COI A ~ a ~. ~.: 4 ';: 5 ~~' ~y' i -~" ~'' t ' '~~~ V ,+ ~0~ ~^ ,~ ~ V ~~ ~~sst g a ~9~~ ~~~~~'~ 0 L^ ~ ~~b °i~E 5 ~ 5 ~~ S~'~~~'E! ~ 6 7v g ~q~ ~s5 p~C ~ A ~~°'~a d~ ~€~sg~ q E ~` rA ~ 8 LO ~~~~o A°'°k.. ~' av E ~ n a°o ..8~_5~~~9EI9~ v ~ 8 ~.. ~v°. ~6gi1S~:_~~~fi3 ~ 3 ~~g ~~e ~st~ €~~' x N Q ~E ~o~~; ~~ ~~~~.. ~~~~: ~q $t~a9 a s 3t ~2 h ~~ ~~ s i 9.~ ~' € ~~~$ ~~ ~~~~ ~~ E~ ~:~ N 9 C AI gN N E O W Z ~ a r A m 'i W •_ 3~ T w 1 ~~r y v O 4 N N C '@ '~ ° ~ £ b ~NFo G E d 9 ~ V ~ rv a_~ O V z 6 Q o E=p+ A~ o Z, xo 0 3 'cb' 3 ~ ° LQ i 2 •~ 'E 6 ~ ,Q ~ z2 c 6 E `°' c = ,c°c q E A ~` E yN~ $ d N d ° «Ed. = ~ r A= A C CI YI 9 C O o„a ~ E•a~ ° F~ 1- y-e c 6 s ~i y$~ e ~ o 'O 5~~ $~~' A~ °' E v =~ d ~ 'a w~ A u 9 v ° ° $ o gg E Q, r6 •°s c ~ & ~. dJ ~ E a' C y g t` y~ N c ~ c ~ a~~i $a3 ~bY ~°i ~u„ aS 3 N c rn c a+ v~r~ E~ a ~ N La ~ ~ s sXi oer3_ o Y~ Y 7 ~ y~ ~'i o'~ Yl V1 F... ~ , a ;351 ~ ,~i c E Y v~ ~'~' .~ °J a~ L Z d~ Z ~ °c E `g~CE d d e• ° ao°ie• S R .g ~~ a g ee ~ ~' ~ 6 ~~ ~~ 0 u ~ rv ~ m aNi ~ C ~ u C p, d c `L E ~' E c ,n v v ? ~ °~ ~` _ ~ ~ o E L ,y 7~a Qv rb n g ~ o. u 3 E E 3 ~ C ~ ~ ° ~ '~ ~„ ~ ° o b G E ~` $ J ~ o t ,~ Z ~ ~8. ~ °s . , ~ ~ • A '~ a ° O ~r A c y A 01 C a `p ~ Ne d C _~ C A A ° ~ E „yy$ S • . rip V