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HomeMy WebLinkAboutbocc.con.084.2015Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 084-2015 ORIGINATING DEPARTMENT: Airport PROCUREMENT OFFICER: Grefe PHONE #: 4922853 PROJECT NAME: Baggage Claim Cameras CONTRACTOR: Mitchell and Company DOLLAR AMOUNT: $9,678.00 LINE ITEM # 404.20.00000.83000 CONTRACT EXECUTION DATE: 3/17/2015 CONTRACT END DATE: 8/1/2015 AUTOMATIC RENEWAL: ❑ YES ®NO TERM: Until Complete ❑ 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 ✓❑ All Other Blanks Filled In ✓ ® If Page Left Intentionally Blank —Note on Page ✓❑ All Exhibits Attached ✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable) ✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if applicable) ✓ ® All Dates Filled In ✓❑ Warranty (if applicable) ✓ ® Special Instructions for Finance Department: Invioce will becoming for the down payment of $6134 ✓ ® Authorized Procurement Officer's Name: Grefe 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 Noa4.2015 Budget Line Item0404.20.0000.83000 CONTRACT FOR THE PURCHASE OF Baggage Claim Cameras Rev. 8.31. 11 jaa%s THIS CONTRACT is made and entered into this 12th day of March, 2015, by and between Pitkin County, Board of County Conunissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "County") and Mitchell and Company, (hereinafter "Vendor"). I. GOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract: Reference Exhibit A 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: Aspen/Pitkin County Airport Date and Time: June 1", 2015 5:00 P.M. 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. 5. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have 4 hours for inspection of goods. At delivery and after inspection and acceptance, Vendor shall lender a Bill of Sale to tire 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. Contract 0084-2015 Rev. 8.31.11 jaa/js Budget Line Item#404.20.0000.83000 6. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this contract, County may reject goods. Upon failure of Vendor to deliver goods, County may terminate this contract or declare Vendor to be in default and pursue remedies contai ied in this contract. 7. 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 Repah. The Vendor hereby warrants that for a period of 365days 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. 8. 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 M678.00, but any payment by the County may be offset by any amount the Vendor owes the County for any reason. 9. 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, 10, 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. 11. ASSIGNABLILITY. This contract is not assignable by either patty. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the County. 12. 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 2 Contract 11084-2015 Budget Lute IteniN40420.0000,83000 Rev. 8.31. ll jaa/js shall be conducted pursuant to the rules of the Atnerican 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. 13. 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 patties hereto 14. 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. 15. 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 84-78000-5K. 16. CONTRACT MADE IN COLORADO. 'file 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 tine courts of Pitkin County, Colorado. 17. 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. 18, GOVERNMENTAL IMMUNITY. Vendor agrees and understands that County is relying on and does not waive, by ally provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, inumunities,.aud protections provided by the Colorado Govertuuentat immunity Act, 24-10-101, et seg., C.R.S., as from time to time amended, or otherwise available to 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 Comity or its agent or employees. 19. 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 stuns necessary to provide the services set foth 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 interpreter) as creating a multiple -fiscal year direct or indirect debt or other financial obligation of Pitkin County within tine "'caning of any constitutional or statutory debt Contract #084-2015 Budget Line Itemt1404.20.0000.83000 Rev. 5.31.11 jauljs 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 -,my obligations payable from any class or source of Pitkin County's money. 20. If a conflict exists between the Contract and Exhibit A, the Contract will prevail. 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 snail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County Brian Grefe 0233 East Airport Rd, Suite Aspen, Colorado 81611 Fax(970)920-5378 B. To Vendor: Matt Donnelly Mitchell and Company 2619 Dolores Way, Suite 102 Carbondale, CO 81623 Fax (970) 963-9616 with conies to: Pitkin County Attorney's Office 530 E. Mahr Street, H302 Aspen, Colorado 81611 Fax: (970) 920-5198 IN WITNESS WHEREOF, tine parties have executed this contract as of the date first set out herein above. . VENDO PITKIN COUNTY COLORADO / By. By: 3 17 Date Procurement fie Date Title: l-sses-r az _ /EDMtN i i' ���%t� I o i l • I r i tt r r _r, Quoted for: Pitkin County Aspen Airport Dave Songyallo 0233 E. Airport Road, Ste. A Aspen, CO 81611 Materials: $8,178 Date: Recurring charges: $0 Accepted by: Estimated labor: $1,500 Total Estimate: $9,678 Exhibit A Quoted by: matt matt@mitchandeo.com 970-704-9003 Monday, March 09, 2015 Please provide a deposit of the following amount to begin this project. $6,134 Project Goals 1 Install new switches and rc-deploy old switches. 2 Confieure and install nest/ cameras in baggage claim Nehpark RaRer, Plremall, Switch, Wireless Memk1 MS220-8 Port PoE Switch 1 $941 $941 Merakl MS220.48 Port Poli Switch 1 $3,776 $3,776 Power prolectioa Smart-UPS,900 Walls/1440 VA,Inpul 120V /Output 12 1 $425 $425 Proposal allowances Estimated shipping/freighl 1 $150 $150 Video /camera Synology IP Cameo License Pack For 1 4 575 5300 Axis M3007 -P Network Camera 2 $599 $1,198 Axis M3005 -V Network Corners 2 $379 5758 f11arran0y Maintenance and License 3YR LICS AND SUP MS220-8P 1 $126 $126 Meraki, Inc MS220.48LP ENT LICS AND 3YR SUP - 1 $504 $504 Subtotal: $8,178 2200. NETWORK - SWITCHING Configure Managed/Multilayer Switch 2 Hourly 2.00 $300 5000. CAMERA Configure video and camera equipment 6 Hourly 6.00 $900 Camera mounting or coordinte with contractor 2 Hourly 2.00 $300 Subtot Labor HrslPrIce: 10.00 $1,600 This project will be billed on actual time; labor figures provided In [his proposal are an estimate. Proposel approvals via email vAI constitute the equivalent of a proposal signature. On the date the deposit Is received, Mitchell and Company (MAC) will order all materials, described in this Agreement. All deliveries and services performed at the Customer site will generally be during normal business hours (8:OOam to 5:00pm) Monday through Friday, excluding holidays at the hourly rales set out In Labor section of (his Agreement. MaC reserves the right to charge labor at 1 %times the rales set out In the Labor section for work done after hours, on holidays and weekends. Reasonable Incidental out-of-pocket expenses will be charged as Incurred. Travel and lodging expenses will be paid by Customer. Mitchell and Company will provide reasonable documentation of all expenses. Mac will invoice the balance of materials when all materials have been verified received by MaC and Installation has been scheduled. MaC will progress Invoice labor monthly throughout the duration of the Installation. Customer agrees to pay MaC 100°% of the balance for all hardware, software, miscellaneous Items and labor within 30 days of receipt of each Invoice for this project. Applicable finance charges of 1.5% per month vAll accrue on balances past due. Any checks returned for Insufficient funds are subject to a $50 fee. MAC vAll act In a diligent manner In the Installation and configuration of the hardware end software, described In this Agreement, to achieve performance of the System In accordance with the manufacturer and/or vendor specifications. Microsoft product compalabilily. Please note that Microsoft no longer officially supports Windows XP, Microsoft Office versions prior to 2013 nor does it guarantee compatablllty with any other Microsoft or other vendor hardware and software. Customer understands and agrees that MaC Is not responsible for problems due to Information that the manufacturers and/or vendors of hardware and software fall to supply. Including but not limited to the compatibility, configuration and performance of such hardware and/or software. Installation services, In addition to those estimated, may be required to remedy these compalabllily, Issues and will be Invoiced. Customer also understands and agrees Ilial failure In meeting schedule or failure In Ilia delivery of goods and services by other service providers, contractors, vendors or customer personnel directly or Indirectly Involved with this project will not delay payment for services delivered by MAC. Over time, additional MaC services may he required to install, configure and maintain hardware and software In an operational condition. Customer will provide access to relevant facilities, during normal business hours and as otherwise reasonably required, and provide access to necessary and appropriate personnel to assist MaC In the sucessrul and timely completion of this Project. Customer Is solely responsible for providing detailed technical requirements and specifications for Integrating with olherhardware, software or systems %Mlh the systems provided under ]his proposal. Customer Is responsible for describing In full details desired functionality for Integration of other hardware, software or systems with the systems provided under this proposal. Pricing. The Pricing described in [his Agreement Includes the hardware and software set out In the Materials section and does not Include any applicable shipping, freight and taxes. Pricing Is based on the most recently available price quotations from applicable manufacturers and/or vendors and may vary at the time of ordering. if individual item pricing varies by more [ban 10%, Customer will he notified and have the option of choosing a substitute product, If available. Additional Work. This project does not Include anyvaiften materials, documentation, diagrams, or any other documentation that Is not expressly Included In this proposal. These Items and any work not specifically described %-Albin this proposal Is considered to be outside the project scope and may be priced and performed separately. Any changes to the scope of (his project may require a written change order which may lake from 24-72 hours to process and may Impact [he completion date. During the course of this project, if we determine circumstances are such that substantially greater work Is required than estimated, we will discuss It with you and gain your approval before proceeding. Confidential Agreement. The Customer agrees that this proposal Is solely Intended for the Customer. The customer acknowledges that all Information contained In the Proposal Is considered confidential. Both the Customer and the Company agrees not to release any confidential Information In any shape, form, or method of communicating. Termination for Cause and Remedies Teraina lion for Convenience. Customer may terminale this Agreement for Convenience any time upon written notice to MAC, In which case Customer will pay MAC for all hardware, software, other miscellaneous Items and labor to dale sped Red In this Agreemenl neither party will have any further obligations under this Agreement. Product Acceptance and Return. The Customer must report any claimed hardware and software delivery shortages within 3 business days of hardware and software delivery. MaC vAll work sd[h Customer to try to secure a refund for any products earn milted to, but not used for this project. Customer agrees to pay for any such products and/or applicable restock or return fees In the event a return and refund Is not possible. Warranty. Menufaclurer warranties for hardware and software, as such exist, are the sole and only warranties for proposed products. Customer agrees to rely solely on such manufacturer warranties, as such exist. Consulting labor requested by customer to remedy manufacturer warranty Issues will be Invoked In accordance with our standard billing rates at such time. Mitchell and Company waman0es Implemention services to the extent of the scope of this specific project, based on mutual written agreement at the conclusion of this project. Services provided thereafter will fall under billable general suppod. MeC disclaims all other warranties, express or implied, Inlcluding but riot limited to, warranlles of merchantability and/or fitness of purpose. Limitation of Liability. Under no circumstances wilt either party be liable for Indirect, punitive, special, Incidental and/or consequential damages, In connection with or arising out of this Agreement (Including loss of profit, data, or other economic advantage), however such claimed loss may arise. Each party agrees to the waiver of all Calms against Ilse other party, and any claims will be limited to the dollar amount of the products and services provided to Customer under this Agreement.