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Home My WebLink Aboutbocc.con.050.2015Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 050-2015 ORIGINATING DEPARTMENT: Fleet PROCUREMENT OFFICER: Jonah Frank PHONE #: 5393 PROJECT NAME: Compost Windrow Truner CONTRACTOR: Vermeer Sales & Service CO DOLLAR AMOUNT: $47,570.00 LINE ITEM # 416.68.00952.86650 CONTRACT EXECUTION DATE: CONTRACT END DATE: AUTOMATIC RENEWAL: ❑ YES ® NO TERM: ❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER $50,000 (Requires Section Leader & County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ® Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement (Resolution Required) ❑ Lease ❑ Non -Profit ❑ Construction ❑ Quasi -Public (e.g.-AVH) ® Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Other (e.g. revenue) ❑ Change Order/Contract Amendment (C/O: 10% or $25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ ® No Pages Missing ✓ ❑ If Page Left Intentionally Blank —Note on Page ✓ ® Page numbered consecutively ✓ ® All Original Signatures Affixed ✓ ® All Dates Filled In ✓ ® Special Instructions for Finance Department: ✓❑ All Other Blanks Filled In ✓® All Exhibits Attached ✓❑ All Legal Descriptions attached (if applicable) ✓❑ Notice of Award/Notice to Proceed Attached (f applicable) ✓® Warranty (if applicable) Check ✓ ® Authorized Procurement Officer's Name: Jonah Frank BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Contract# 050-2015 Budget Line Item 9416.68.00952.86650 %jrK IN C®vNT*J CONTRACT FOR THE PURCHASE OF GOODS/EQUIPMENT One Windrow Turner 2/26/2015 TI -IIS CONTRACT is made and entered into this 26th day of February, 2015 , by and between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "County") and Vermeer Sales and Service of CO and WY, (hereinafter "Vendor"). LGOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract: One Vermeer CT612 PTO Compost Windrow Turner per attachment 1. 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 County at the following place and time: Place: 76 Service center Rd. Aspen, Co 81611 Date: June 1"2015 3. RISK OF LOSS. At all times prior to delivery and County'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/equipment. 5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to County for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of $25.00 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 anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. 1 Contract # 050 -2015 Budget Line Item 4416.68.00952.86650 2/26/2015 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have 14 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 County 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, County may reject goods. Vendor shall have 30 days additional time to deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, County 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 County 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 1 year warranty after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the County, replace all defective parts and make any repairs to the goods that may be required or made necessary 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 County. C. Extended Warranties. In addition to the above, the County may avail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the County any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the County may be eligible, which become available thereafter. The County 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 County in accordance with this contract, County shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of $47,570.00, but any payment by the County may be offset by any amount the Vendor owes the County for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. County 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. 2 Contract # 050-2015 Budget Line Item #416.68.00952.86650 2/26/2015 A. TERM. The term of this contract is from one year from contract signed date. At the expiration of the initial term the contract may be extended for an additional term of one year up to 2 years by the express written consent of both parties. B. OPTION TO RENEW FOR SUBSEQUENT YEARS (With Price Adjustment) The prices or discounts quoted in the contract shall prevail during the specified term of the contact, at which time the county shall have the option to renew the contract for a subsequent one year period. The option renewal periods shall not exceed a total of 2 additional years. This option is the county prerogative and not a right of the vendor and will be exercised only when such continuation is clearly in the best interest of the county. The Vender shall notify the County of any adjustments during this option period a Minimum of nighty (90) calendar days prior to the effective date of the new price to be charged to the county. The county reserves the right to reject any price adjustments submitted by the vendor and /or terminate the contract with the Vendor based on such price adjustments. H. COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terms, County 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 County. 13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to binding arbitration. The patties 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 County 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 County and Vendor. 16. 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 3 Contract # 050 -2015 Budget Line Item 4416.68.00952.86650 2/26/2015 use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. 17. CONTRACT MADE IN COLORADO. The patties 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 patty shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that the County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 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 the County 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 County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County 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 County. 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 a multiple -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 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 three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: rl Contract # 050 -2015 Budget Line Item #416.68.00952.86650 A. To Pitkin County Jonah Frank 76 Service center Rd. Aspen, CO 81611 970920-5374 B. To Vendor: Vermeer Sales and Service of CO and WY 712 Arrowest Court Grand Junction, CO. 81505 Phone 970-244-9177 2/26/2015 with copies to: Pitkin County Attorney's Office 530 E. Main Street, 4302 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: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO D By: �7 \) " ( t r )"(t(' 0�-C Name/Company Date 2„ll,6 .0 R Vermeer` Vermeer Sales and Service of CO and WY 712 Arrowest Court Colorado 1505 Phone 970-244-9177rand Junction. 6 Dan Toelle 970-640-9909 Company Pitkin County Date0112811E Contact Jonah Frank Customer P.O. ft Prices are in Effect for 30 Days Only QTY EQUIPMENT Description Unit Price Total Price 1 CT612 CT612 PTO driven compost turner $45,570.00 $ 45,570.00 Windrow capacity 6'x12' 12'x 35" drum 1000 RPM PTO drum drive front and rear containment curtains standard replaceable flails comes standard with 1 year11000 hour warranty Factory support included at no additional charge for startup/setup freight is additional Subtotal Trade In Allowance (-) Applied Rental Discount Net Price Tax Technical Support From (If Applicable) Freight & Prep Accepted'. Vermeer Sales and Service of CO B wY I 1 —Grand Total $ 45,570.00 $ 45,570.00 $ 2,000.00 $ 47,570.00 pin SF102 Customi (Please P' 6 Is' natur 1 Date I (we), promise to pay the Balance Due in cash, or to execute a Time Sale Agreement (Retail Installment Contract) for purchase onto of the Equipment, plus additional charges shown thereon, on or before delivery of the Equipment, plus additional charges shown thereon, on or before delivery of me Equipment ordered herein. Despite physical delivery of the Equipment, title shall remain in the seller until one of the foregoing is accomplished. pres e'uada In' a be applied 8goiml the cash price. Such Leads) shall be free aM clear of ell secanry agor ends, liens and encumbrances at the time of ransfer to yea. Th. longish, is a description and Ino pdce to be showed far each Item. All warranties, if any, made with respect to this equipment are those warranties made by the manufacturer. DEALER MANES NO WARRA NPES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WA BRAES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE." Notes: