HomeMy WebLinkAboutbocc.con.097.2016 fiTKIN Pitkin County
LAUNTli Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County
Project Manager.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement help(a,pitkincounty.com). Any contracts $50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 097.2016
Project Name One All-wheel drive Mini Van
Contractor Big Horn Toyota
Budget Line Item 110.33.00952.86650
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date Click here to enter a date.
Contract End Date Click here to enter a date.
Automatic Renewal Yes ❑ No®
If Construction: Retainage Click here to enter text.
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Fleet
Project Manager Jonah Frank Project Manager 5393
Phone
Provide a brief description of the contract:
Purchase on one All-Wheel Drive Van
Contract Value Summary:
Contract Amount $33,798.90
This Change order/Amendment amount(if applicable)
New Contract Total $33,798.90
Procurement Method:
None Cl Informal Formal 0 Sole Source 0 Emergency 0 Contract Renewal 0
Contract Type:
Services/Maintenance 0 Construction 0 Goods,Equipment, Supplies
Change Order/Amendment 0 Other,please explain 0 Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#097.2016 1/27/16
Budget Line Item#110.33.00952.86650
�1'K I lV
COUNT
CONTRACT
FOR THE PURCHASE OF GOODS
1 All-Wheel Drive Mini Van
THIS CONTRACT is made and entered into this 27th day of January, 2016 , by and
between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third Floor,
Aspen, Colorado 81611 (hereinafter"County") and Bighorn Toyota, (hereinafter"Vendor").
1. GOODS PURCHASED. Vendor shall provide County the following goods
conforming to the stated description and any Technical Specifications attached to this
contract:
1 All-Wheel Drive Mini Van,per attached Document.
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: April 1st,2016
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. 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$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 anticipated
damages for delay and that they genuinely intend to liquidate such damages. Any such
damages are to be deducted from purchase price.
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Contract#097.2016 1/27/16
Budget Line Item#110.33.00952.86650
6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon
acceptance by County. County shall have 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 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 21 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 3 years 36,000 mile 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$33,798.90 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.
11. 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.
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Contract#097.2016 1/27/16
Budget Line Item#110.33.00952.86650
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 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 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
use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624
and 84-78000-5K.
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 Pitldn 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 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
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Contract#097.2016 1/27/16
Budget Line Item#110.33.00952.86650
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:
A. To Pitkin County with copies to:
Jonah Frank Pitkin County Attorney's Office
76 Service center Rd. 530 E. Main Street,#302
Aspen,CO 81611 Aspen,Colorado 81611
Fax: 970-429-1858 Fax: (970) 920-5198
B. To Vendor:
Ken McGraw
Bighorn Toyota
130 Center Dr.
Glenwood Springs, CO 81601
Fax: 970-945-8898
IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein
above.
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Contract#097.2016 ;- 1/27/16
Budget Line Item#110.33.00952.86650
'
VENDOR: BOARD I COUNT COMMISSIONERS OF
PIT ►--•LINTY 4 ORADO
By: 'Sk.00\4:0. Vvvykrk-- a \--2_S\1(,* ., iiii
Name/Company Date = l on° -ader D.to
By: k6–t,-11-`G/ ,-tc^ 1 -?•11 4
Fleet Manger Date
Aden ,
4///o --\14,0
to ....
5
tB TOYOTA Bighorn Toyota
130 Center Drive,
Glenwood Springs,CO 81601
(970)945-6544 4
2015 SIENNA LE 3.5L AWD 7 PSGR
JIM
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Model: 5366C Total MtpRP*:
Year: 2015 $35,005.00
16
CITY HWY
Interior Color: BISQUE C . AS MPG 23 MPG
Exterior Color. SUPER WHITE
Number of Cylinders: 6
VIN: STDJK3DC7FS124020
Stock No.:
Standard Equipment
MECHANICAL&PERFORMANCE Star Safety System:Enhanced Vehicle
Stability Control,Traction Control,
3.5L DOHC 24-valve Dual VVT-i V6
Anti-Lock Brake System,Electronic
6-Spd Electronically Controlled Auto Brake Force Distribution,Brake Assist
Overdrive Trans.w/Intelligence(ECT-i) &Smart Stop Technology
18"10-spoke Aly Whls P235/55RF18 Tires
Active Torque Control AWD System 8 Airbags:Dr&Fr Psgr Active Headrests
SAFETY Sr CONVENIENCE Advanced Airbag System,Dr&Fr Psgr
Manufacturer's Suggested Retail Price.excludes the:,::::very.Processing and Handling Fee,taxes,license,the and available or
regionally required equipment_Actual Dealer price may vary.Pricing.specifications.standard features and available equipment are based
on information available wirer this page was produced and subject to change without notice,
Disclaimer:This document is only representative of some Of the inforrrration contained on an actual window sticker,and is not meant to
replace or Substitute for the actual window sticker on the venicle.Please see your retailer for further information.
e
BIGHORN TOYOTA
Colorado Ski Country
130 Center Drive • Glenwood Springs, CO • (970] 945-6544 • Fax: (970)945-8898 • www.bighorntoyota.com
MOTOR VEHICLE PURCHASE ORDER AND INVOICE
Purchaser(s)
Trtle in Name(s) -. Street Address County
Buyer 1
,+1c.,r. C.0 LA.v-,-1-1
Buyer 2 City State
Mailing Address City I State Zip
Home Phone Number Other Phone Number I(we)the undersigned Purchaser(s),hereby agree to purchase from dealer,subject to
9‘10--
„_`3 3 t8_'&44the terms and conditions contained herein:
_L •7 Vehicle Being Traded Vehicle Being Purchased/Leased
Make Model Body !
1,41ew O Used O Purchase O Lease
Vin
Year
I Make Model 'n Body
.3-01
Payoff Balance G... nu! Per Diem I aV I J '1(�Q T1 A C(&v. •a tI1M
Model tt /- Stock rr O Ordered Vehicle
Owing to Address Phone a 5344 ( ci 5'4-0
Exterior Color Color
�C1t Color Code
Balance•,-:•to Date and Time Oust•. • `���/AS •"
Vin
I hereby authorize Bighorn Toyota,Inc.to sell my trade.
All used Vehicles Sold"As Is'Unless Otherwise Indicated.
X_
x
Mileage on deliver of purchased vehicle
If balance owned on trade payoff exceeds the amount on this purchase order-Buyer
agrees to pay the excess. X
X — EQUIPMENT PRICE
Trade-in Miles
DISCLAIMER OF WARRANTIES
THERE ARE NO WARRANTIES,EXPRESS OR IMPLIED.MADE BY THE SELLER OF
THE MOTOR VEHICLE DESCRIBED ON THE FACE OF THIS ORDER. THE DEALER
EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE,AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER
PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF
THIS MOTOR VEHICLE.
IN THE CASE OF A NEW MOTOR VEHICLE OR ONE OTHERWISE UNDER MANU-
FACTURER'S WARRANTY.ONLY THE PRINTED MANUFACTURER'S NEW VEHICLE
WARRANTY DELIVERED TO THE PURCHASER SHALL APPLY. THE NEW VEHICLE
WARRANTY MADE BY THE MANUFACTURER IS THE ONLY WARRANTY APPLICA-
BLE TO SUCH MOTOR VEHICLE AND IS EXPRESSLY IN LIEU OF ANY WARRANTY
BY THE DEALER,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF VEHICLE PRICE Q 0
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APPLICA33, 5cri
-
BILITY OF AN EXISTING MANUFACTURER'S WARRANTY,IF ANY,SHALL BE DETER-
MINED SOLELY BY THE TERMS OF SUCH WARRANTY. ACCESSORIES
WHEN THIS PURCHASE ORDER AND INVOICE INVOLVES THE SALE OF A USED
VEHICLE,SUCH VEHICLE IS SOLD"AS IS',UNDER NO REPRESENTATION OF ANY SUB TOTAL
WARRANTY,EXPRESS OR IMPLIED,AND DOES NOT CREATE ANY WARRANTIES
FROM THE DEALER. INCLUDING.RUT NOT LIMITED TO,ODOMETER MILEAGE ALLOWANCE-TRADE IN
EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN A SEPARATE WRIT-
ING FURNISHED TO PURCHASER BY DEALER. THE INFORMATION YOU SEE ON
THE BUYER'S GUIDE FROM FOR THE USED VEHICLE IS PART OF THIS CONTRACT TRADE DIFFERENCE
INFORMATION ON THE BUYER'S GUIDE FORM OVERRIDES ANY CONTRARY PRO-
VISIONS IN THE CONTRACT OF SALE.
oarvrnv wo IIMLkDus errvcs<xrs DELIVERY&HANDLING
COVE
Purchaser's Representation GMO �morn m ME $199
I hereby represent that I am 18 years of age or older and agree as follows: SUB TOTALqp
(1)that this Order is not transferable; (2)that this Order comprises the corn- 33 ACkS
plete and exclusive statement of the terms of my agreement with the Dealer STATE %COUNTY %CITY
relating to the subject matter of this order,except for any consumer paper exe- TAX TAX TAX
cuted by me in conjunction with this purchase,and with respect thereto,can-
cels and supersedes any and all prior agreements or understandings between ,,,,r n as To PE,em '"E"r"cE LUXURY TAX
the Dealer and me; (3)that this Order is not valid until accepted by Dealer or
his authorized representative. If the purchase is to be financed,this Order is SUB TOTAL
not valid until approved by a bank or finance company willing to purchase or a______ -----
enter
-._enter into a note or other consumer paper and security agreement with me as VEHICLE SERVICE AGREEMENT
part of this purchase; (4)that I hereby acknowledge receipt of a fully filled out
and completed copy of this Order; (5)that upon delivery of the vehicle,this SUB TOTAL
Order shall be deemed to constitute a bill of sale for the vehicle.
REVERSE SIDE TRADE PAYOFF
This order consists of front and reverse of this page. See th revers: side
for additional terms and conditions which are part of this 0.er . . what TOTAL
Purchaser cknowtedges havi ead and received.
L
/—�
Buyer 1 I 1(6, DOWN PAYMENT
illi r_s��♦
ADDITIONAL CASH DOWN DUE:
Buyer 2 ._._
BALANCE IN ONE(I)PAYMENT OF
Accepted by ~` Alm - .
..-.. •*r- . •hie PAYMENT DUE DATE $3S)49$go
Datea•� asAerson