HomeMy WebLinkAboutbocc.con.368.2016 _`III s Lim
th-EKIN Pitkin County
COU 1'4 Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by ContractorNendor and Pitkin
County Project Lead.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement helpin,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 368.2016
Project Name Digital Translator _
Contractor Technaaj ix
Budget Line Item 003.77.92785.83000 $ 62,400.00
Additional Budget Line Click here to enter text. $
Item(s) Click here to enter text. $ _
(Please fully allocate New Click here to enter text. $
Contract Total) Click here to enter text. $
Contract Start Date Click here to enter a date. _
Contract End Date Click here to enter a date.
Automatic Renewal Yes U No®
If Construction: Retainage Yes $ or % No®
If this is a new contractor, please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Translator
Project Manager Pearce Project Manager (970)920-5395
Phone
Provide a brief description of the contract:
Purchase of 40 new TLUD 40 Digital Translators
Contract Value Summary:
Original Contract Amount $62,400.00
Previous Change Order/Amendment Amount(if applicable) _ S
This Change order/Amendment amount(if applicable)
New Contract Total $ 62,400.00
Procurement Method:
None U Informal❑ Formal U Sole Source M Emergency U Contract Renewal U
Contract Type:
Services/Maintenance U Construction U Goods, Equipment, Supplies M
Change Order/Amendment U Other, please explain U Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITII COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#368.2016 Rev 8.25.11 jaa
Budget Line Item#003.77.92785.83000
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
10: Jon Peacock, County Manager
DATE: November 18, 2016
FROM: Jeff Krueger, Communications Site Manager ,
Proposed Contractor: Technalogix Product/Service: Digital Translators
Estimate expenditure for the above construction service: $ 65,000
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer,no regional distributor, standardization etc):
Explain:
The Pitkin County Translator equipment is 15-20 years old and beyond end-of-life. The Translator network
has experienced a number of failures over the last year and there is no spare parts inventory. In response to
this emergency,the Communications team performed an evaluation of Translator equipment to include
Technalogix,Axdera and Emcee(this is a very specialized field and there are a limited number of vendors that
make translator equipment). The Technalogix translator was the only unit that fully satisfied our requirements.
In addition, the cost for the Technalogix is much lower than the other vendors.A single unit was purchased in
Jan 2016 and placed into service for evaluation. This unit has performed flawlessly and we have since
replaced six(6)more failed translators with the Technalogix unit.
The Technalogix translator is used exclusively by a number of Counties throughout the United States. The
Technalogix translator is the only system that fully satisfies our requirements at the lowest cost to the
taxpayer.
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procuremer t Code.
12/5/2016 �[nL 2./..4.J` (L- Ste-
Department Head Date Sectio 'I ad Date
Approved ✓ Denied Reason for//Denial:
-r it,
Jon Pe ock, aun�ger Date
1
Contract#368.2016 Rev 8.25.11 jaa
Budget Line Item#003.77.92785.83000
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
2
Contract#368.2016 Rev 8.25.1 h joo
Budget line Item#003.77.92785.83000
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock,County Manager
DATE: November 18, 2016
FROM: Jeff Pearce, Translator System Supervisor
Proposed Contractor: Technalogix Product/Service: Digital Translators
Estimate expenditure for the above construction service: $ 65,000
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain:
I have been a Professional Broadcast Engineer since September of 1970. In the last 20 or so years we broadcasters have
had some very unpleasant and very expensive shocks to deal with. One of those has been when an American TV transmitter
&translator manufacturer goes out of business suddenly, leaving the TV station without a source of spare parts for a
$600,000.00 full power TV transmitter not even 5 years old. You become very concerned about a manufacturers long term
stability when that happens to you.
When it became clear that the current Larcan TV translators had become unsupportable when Larcan went out of business
literally overnight late in the spring of 2014 I began to search for another manufacturer. I looked at several American
manufacturers and I had the opportunity to see Technalogix TV translators on display at the annual NTA convention in Reno,
NV early in 2015.
Unlike all of the American TV translator manufacturers I discovered that Technalogix makes RF products for businesses other
than broadcasting. So, as the broadcasting business ebbs&flows as it does,Technalogix is more stable than a company that
only makes TV broadcasting electronics.
Bob Gullon has given Pitkin County a $2,000.00 per TV translator discount because we have paid for them up front at the time
of placing the order. The typical Pitkin County translator site has 6 TV translators,that is a$12,000.00 savings for Pitkin
County if 6 TV translators are purchased. Bob is selling us TV translators that make 40 watts of RF power for a lower price
than a translator that can make only 10 watts of RF power because it costs him more to make 10-watt TV translators. That
works to our advantage because we need a little more than 10 watts of RF power to overcome the loss of RF power in the
combiners and the transmission line going to the transmitting antennae at each translator site.
Finally,Technalogix has always attempted to deliver his translators on time and when a problem has occurred he has always
called me when a delivery date has to slip a few days.
Contract#3682016 Rev 8.2.5.Il jou
Budget Line Item#003.77.92785.83000
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
11/21/2016
Departn,L,Ct IRA 5ech'on Nand Date Stene.,IL.ad Depa.nmen+ s<.d Date
Approved Denied Reason for Denial:J2 til/.e- i..Mlt -khnl /LX)kQ4}h ht-
pc.- - aE u-•-• ggf p"Lef
Jon Pe'. •. , Co Wily.Manager Date
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
2
Contract#368.2016 Revision:10/05b016 by
Budget Line Item a 003.77.92755.83000
4)1111IN
COUNT
-
PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS
THIS CONTRACT, made November 18, 2016 by and between the Board of County
Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621,
(hereinafter called the "County") and Technalugix, #4, 8021 Edgar Industrial Place, Red Deer,
Alberta,Canada T4P 3R3 (hereinafter called the"Vendor")to perform the following work: Digital
Translators ("Project").
I. Goods Purchased. Vendor shall provide County with the following goods conforming
to the stated description and any Technical Specifications from Exhibit A:
Line Item Extended
Item Number Description Quantity Unit USD$ USD$
TLUD 40 Digital Translator
c/w colour touch screen display, Ethernet and
SNMP
remote monitoring and control, Filter, Isolator $ $
1 PM 7030 2 year warranty 6 10,400.00 62,400.00
6 PVI MTRX-1-A-A-BT
2 MOD 0073 Agile Transmodulator RF in RF out INC 6 $
3 AMP 0015 6 Internal 20db booster amplifier inc 6 $
4 PSU 0084 6 RS1S-24 power supply 6 inc 6 $
In the case of any inconsistency between the Contract and any amendments,
addendums, attachment exhibits, or otherwise, the terms of this Contract shall he
controlling.
11. Delivery of Goods. Goods, together with all wartantics, 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: 485 Rio Grande Place, Aspen, CO 8161 I
Date: Malan
Time:
III. 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,
1
Contract tl 368.2016 Revision:10/05/2016 dr,
Budget Line Item[1003.77.92755.83000
Vendor shall insure the goods for loss or damage in amounts and under appropriate
tents.
IV. Time is of the Essence. Vendor acknowledges that time is of the essence for the
delivery of goods.
V. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance
by County. County shall have one (I) business week 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.
VI. Rejection of Goods. If goods are not delivered according to the specifications and
descriptions of this contract, County may reject goods. Vendor shall have two (2)
business weeks additional time to deliver goods in conformance with this contract.
Upon Failure of Vendor to deliver goods,County may terminate this contractor declare
Vendor to bc in default and pursue remedies contained in this contract.
VII. Warranty and Repairs.
A. Delivery of Warranty.Upon deliveryof 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
two (2) years 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 he 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.
VIII. Payment. Full payment shall occur upon order 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 sixty-two thousand four hundred
dollars and zero cents ($62,400.00), but any payment by the County may bc offset by
any amount the Vendor owes the County for any reason.
IX. 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 It 368.2016 Revision:10/05/2016 br/
Budget Line Item it 003.77.92755.83000
X. County's Remedies Upon Default of 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.
Xl. Assignability. 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.
XII. 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.
XIII. 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.
XIV. 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.
XV. 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 froth such taxes under registration numbers 98-
02624 and 84-78000-5K.
XVI. 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.
XVII. 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 Section XII, the
substantially prevailing party shall be entitled to its costs and reasonable attorney's
fees.
XVI H. 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,
C.R.S. § 24-10-101, et seq., as from time to time amended, or otherwise available to
the County or any of its officers, agcnts 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.
XIX. Current Year Obligations.The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
3
Contract#368.2016 Revision;10/05/2016 m/
Budget Line Item#003.77.92755.83000
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.
XX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail, postage pre-
paid to the addresses of the panics as follows. Each party by notice sent under this
paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall also be deemed sufficient and considered delivered upon
receipt of confirmation of delivery on the part of the sender.
To Pitkin County: with copies to:
Jeff Pearce Pitkin County Attorney's Office
485 Rio Grande Place 123 Emma St., Suite#204
Aspen, CO 81611 Basalt, Colorado 81621
Email:jeffpcarce@pitkincounty.com Email: Attorney/gupitkincounty.com
To Contractor:
Technalogix
#4, 8021 Edgar Industrial Place
Red Deer, Alberta Canada T4P 3R3
Phone: (403) 347-5400
Email: bob ri.technalogix.ca
•
4
IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
TECNALOCIX n
C � yti^Th (` 0-1 1 0 2C t to
Si mature Date
C CI UkLt_cs r\1 1 tet S C
Printed Name Title
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
11/18/2016
County Representative Dale
MANAGER APPROVAL:
r /2,=���
��—
on P acock,ounry Manager Date
5
11ECHNnLOGIX , EXHIBIT A Invoice
The company matcan.
Invoice DATE: Nov 1 2016
Invoice NUMBER:
Company: Pitkin County Government Sales Contact: Bob Gullon
Phone: 403-347-5400
Contact: Jell Pearce
Phone: 970 920 5395Email: bob@technalogix.ca
Email: jet f. earce
p @p V itkincount .corn Skype: RabertGullon2
LINE ITEM DESCRIPTION QUANTITY UNIT$ EXTENDED$
ITEM NUMBER
1 PAS 7030 ULUD 40Digital Ttranslator 6 $10,40000 $ 62,40000
4w colour touch screen display,Ethernet and SNMP
remote monitoring and contol.Filter,Isolator
2 year warranty
2 MOD 0073
6 PVI MTRX-1-A-A-BT 6 $
Agile ionsmotlularnr RE in RF out INC
3 AMP 0015
6 Internal 20dB booster amplifier inc 6 S
4 PSU 0084
6 RS15,24 power supply 6 inc 6 $
HI Leff charged you the same price for he 40 watt units as I did
for the 10 watt units
Subtotal $ 62400.00
Tax Rate
Quotat
Oownpayment Rn equired:
USD Tax $
DownpaVment Repaired: OO 5 0 td0 %
Total S 62.400.00
Estimated Completion Date COD-Mon-YR):
Oe[Revision:
www.te[hnvloSietOm d4.8811 Edgar Can dal Place 2 Oct 33
Red Deer,Albert;Canada UP 3113
Terms of Sale
EXHIBIT A
Sams by Tech nal og is Ltd. Sellers)are made only on terms which are curtained in this pokey.Sell rBur e by gives notice of its oblemmn TO any dircerent/2 dainona,terms
and conditions.All sales are expressly conditional upon Buyers'assent to the terms and conditions set forth below.These terms and tendbions may be meddled/
supplemented only by written document signed by authorized representative representativeof the Seller.
Aale.received and accepted by Seller shall be construed as acceptance of Sc I'eh oiler to sell its products to
the ode
in accordance with terms and conditions°,sale set fonh herein.No waiver,whether express or implied,by Seller of any of the terms orconditionshereof shall
be deemed a continuing waiver or trade custom between parties.but shall apply solely to the instance to which the waiver is directed.
Ordering Information
All orders must as writing and/or accompanied bye Purchase Order.A minimum down payment is required with ail orders.No orders considered an order until the
Payment has been made.
pricing policy
all Vices insurancere:OB shipping point and prices do not inducefreight,handling.and All prices published/quoted by Seller may he changed at any t me without
no cc.Unless otherwise speed leo.wutter]quotations expire 30 days tom date issued and subrect to change/termination by notice duo a th.s period.
Taxes
Prices products do not include s.use,excise or o ,taresBuyer agrees to apul cables s,dutiesand other fees on product and services
roared If Buyer clams an exemption Dorn any any tax.Bawer shall submto Seiler the appropaate exemption certificates
Shipping
Shipping is theresponsibility of the Buyer.This includes all freight,customs and brokerage charges,duties,and insurance.
Terms of Payment
Seller will provide credit terms to Buyer at its discretion.Such terms are subject to change at all limes.If credit is provided.Seller will invoice Buyer on the date the
product is ordered.Such invoices will be due and payable net thirty(30)days Isom the date of invoice,subject to credit is not established or maintained,terms shall be
net cash on or prior to the Delivery Date.Seller reserves the right at its sole discretion at any time to revoke any credit previously extended.Past due accounts shall
be charged two percent(2%1 per month,or the highest rate permitted by Alberta law.whichever is less,and will be added to the outstanding bahnce In the event Buyer
Mau Is on thepayment.Buyer shall be liable'or all collection cost,including resonablea attorney's i e and costs.Non-paymentof past due accountswillresult in
Cha
lien againstand all subsenuent assemblies or products that our components are In.Gwdsremain the property of Selleuntil invoice a paid ifull
Changes and parts ers ta
hangeseorders that have
beenaccepted
eby Seller manot be ngedocancelled,Is whole r pawithoutwritten
ndr consent.
anges Acaagtsst mtyeincludedm
change eerree, ngpurchase orwcrand duomuseto the Slleb,All othr changes will not accepted/acknowledged.
eftfor hcoaytNeRdelivery dates Expenses te5
incurred because of changes shall be charged to Buyer.Buyer will liable
fis costs Incurred,
plus reasonable profit,for theportion of work terminated,In
accordance with generally accepted Seounti gcalticip together :p cancellation charges,Orders for standard product may be changed by Budul wth'0 penalty to
Buyer,provided that Boyer provides Seller notification at least days prior scheduled ship date.Order changes received within 30days of scheduled ship Gale may
be
able[ an order change charge: schedule detailing
these charges will be forwarded to Buyer when Buyer's change order is acknowledged.In no vent can an .
ol the order be changed after the product shipment has occurred.Custom orders may be cancelled by Buyer,W nsided that Buyer pays seller for competed work allocated
to Buyers order al lime of termination of the work at selling price and all costs for work in-progress and costs resulting Juin cancellation and reasonable profit therein
Specific cancellation charges dependent on the type of custom product ordered A schedule eetailng these charges will be Icrwarded to Buyer When Buyers cancellation
fee al up to t W%of the order,depending on the stage of completion of the order at the date the cancellation Or revises,is accepted.
Custom Products Policy
Custom items are not relurnable.items other than"of the shed"products are considered custom and are products/materials which have been altered. amended
and customised to your order.and not resalable.
Ret
rns
Productreturnwithout widten authorization by Seller will not he accepted.Returns ccepted only with a valid Return mineral authorization,RMA).To receive
authonzation for productr um call Seller.The, andard25%restocking c m.assessed on mostreurn, returnedn
products(non-repair)must be nu sed,
an in or ondition.No refund/credit given for damaged products We do not accept uostege9ue/COD packages al any time
Excusable Oelay
Seller shall not be liable for any less or damage resulting.1 rom any delay in delivery or failure to deliver which is due to any cause beyond Seller's control.ncroding,
witIrout Ionil run.acts of nature,unavilability°,supplies or sources of energy,rots.cru,fires.goods,epidemics.lockouts,strikes and slowdowns.delays in
ilelidery by supplies,or acts or onus, ¢Buyer she e a be for stage charges.including but not liurted to all third party costs and expenses
F Buyer 11Ilaolc
incurred by Seller,ir, bolding orstoringthe Buyer°r at the Buyer's request. •
Assignment
Buyer shall nassign any duties or assign any order say interest therein without written consent of the utter.Any such actual oranemassignment pre0 ssignmenhall
l
gnu[a sella to cancel the order upon written notice to the Buyer.
Installation
sea, times no°Miamian to install any primed sell to place any products in working order at Buyer's eternises anc note.sponsible for freight oan,ag€
Validity of Separate Clauses
u androvision of agreement shall held inval U.illegal,or anenmrreame the validity,legality rnmiceambtvo the remarnng provisions shall no:be alfecten
o,imp,,red thereby.
Warr
nty
Te[ nal qproducts have been completelyt ted and found to meet specifications
and be i proper operatingcondition.Technalogi anula[ red products are
warranted to be free from defects in rials and workmanship or a period of two ears nom the date of shipment.Products sold through,but notdirectly
manufactured by technal°six carry the original manufacturer warranty.Seller will not be liable for damages of matever nature arising out of orin onnects°n with
the equipment or its use thereof.Technafogix does not assume responsibility for injury or damage resulting from the practices of untrained or unqualified personnel in
the band ring of this equipment and does not Include misuse neglect or accident,incorrect wring and/or improper Installation,unauthorized repairs,modifications or
use in violation of instructions issued by Seller,incidental or consequential damages as a result of any defect reshipment cost or imrnce of the unit or replacement
units o,partyacts of nature,damages due to AC or DC power supplied by customer o power the eau,omen(Ree installation recommendation for surge protection,,
or acts of terrorism.Seller agre , t our option.to remedy warranted defe[ or furnish w partin exchange ter any pan of uniwhich,under nrural installation use
and servo .becomes defecive. t
Theuer pays for costs and Dons repair facility.If you require on site service.the cost to you will be$B0]00 OS per
8-hoar day plus air ti
are.mea ,and transportation charges for eersonnel and equipment.