The URL can be used to link to this page

Home My WebLink Aboutbocc.con.093.2016 712015 kjm prKiN Pitkin County CouNT� 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( nitkincounty.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 093.2016 Project Name County Library Furniture Supply Contractor Workplace Resource Budget Line Item 166.63.92863.86200 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 1/26/2016 Contract End Date 5/31/2016 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 Facilities Project Manager Smith Project Manager 5396 Phone Provide a brief description of the contract: Provision of furniture for renovated library.Awarded through RFP. Contract Value Summary: Contract Amount $44,502.66 This Change order/Amendment amount(if applicable) $ New Contract Total $ Procurement Method: None ❑ Informal❑ Formal Sole Source 0 Emergency 0 Contract Renewal 0 Contract Type: Services/Maintenance ❑ Construction ❑ Goods,Equipment, Supplies ►=0 Change Order/Amendment ❑ 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#bocc.con 093.2016 Rev.8.29.11 jaa Budget Line Item# 166.63.92863.86200 ( i.1, I. h. 1 N t LOU N Ili EL. 9 CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT is made and entered into this 26th 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 Workplace Resource 9600 East 401 Ave Denver CO 80238 (hereinafter"Vendor"). 1. GOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and specifications provided in 'RFP 2015009 Pitkin County Library Furnishings' and further described in Exhibit A:Description,Quantities and Pricing, only for the items awarded to Contractor, named below: Group Item Description Extended Price D BCI; Codes 122A, 122B $3,453.00 L EzoBord; Codes 213,214 $1,410.88 N Herman Miller; Code 118 $5,290.74 P Herman Miller; Codes 021, 123 $7,796.56 _ T KI; Codes 043, 052,207 _$19,004.00 II Peter Pepper Products; Codes 210, 211 $7,547.48 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: Pitkin County Library at 120 N.Mill Street Aspen CO 81611 Date: April 20,2016 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. 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have one (1) week for inspection of goods. At 1 Contract#bocc.con.093.2016 Rev.8.29.11 jaa Budget Line Item# 166.63.92863.86200 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. 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 one (1) year 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 forty four thousand five hundred two dollars and sixty six cents ($44,502.66), 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. 2 Contract#bocc.con.093.2016 Rev.8.29.11 jaa Budget Line Item#166.63.92863.86200 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 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 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 3 Contract#bocc.con.093.2016 Rev. 8.29.11 jaa Budget Line Item#166.63.92863.86200 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: Jodi Smith Pitkin County Attorney's Office 485 Rio Grande Place 530 E. Main Street, #302 Aspen, CO 81611 Aspen, Colorado 81611 Ph: 970-920-5396 Fax: (970) 920-5198 B. To Vendor: Stephanie Jewell, Account Executive 9600 East 40th Ave Denver, CO 80238 Ph: 303-313-3309 4 Contract#bocc.con.093.2016 Rev. 8.29.11 jaa Budget Line Item#166.63.92863.86200 IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein above. WORKPLACE RESOURCE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO P;is i t-. am- - Autho ed Signer Date /41.1011° Title: 30e&GIA 19-Niftit,tAtj Signature TitlerA1,4 e r ,,.,,4_r,kare,- By: County Manager Date 5 Contract#bocc.con.093.2016 Rev.8.29.11 jaa Budget Line Item# 166.63.92863.86200 Exhibit A: Description, Quantities and Pricing 6