HomeMy WebLinkAboutbocc.con.038.201701 THIN Pitkin County
`iCoUNT`i' 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 helo(noitkincountv.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
038.2017
Project Name
1 All -wheel drive Van for the Jail
Contractor
Bighorn Toyota
Budget Line Item
110.33.00952.86650
Additional Budget Line Item(s)
and special notes to Finance
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Contract Start Date
12/16/2016
Contract End Date
4/1/2017
Automatic Renewal
Yes ❑ No®
If Construction: Retainage
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If this is a new contractor, please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department
Fleet Management
Project Manager
Jonah Frank
Project Manager
Phone
5393
Provide a brief description of the contract:
Purchase a van for the Jail transport
Contract Value Summary:
Procurement Method:
None ❑ Informal® Formal ❑ Sole Source ❑ Emergency ❑ Contract Renewal ❑
Contract Type:
Services/Maimenance ❑ Construction ❑ Goods, Equipment, Supplies
Change Order/Amendment ❑ Other, please explain O 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 k 038.2017
Budget Line Item4110.33.00952.86650
MEMORANDUM
TO:
File
FROM:
Jonah Frank
RE:
under $10,000 - $49,999
DATE:
12-16-16
Description of Project Purchase one Jail Transport Van
Budget: $50,000.00 110.33.00952.86650
On project list approved by BOCC: (yes or no) Yes
Contractors Contacted: Big Horn, John Elway Chevy, and Berthod Motors
Prannsnls Received
12-16-16
Bi Hom To oto
$34,142.98
2 Weeks
All Wheel Drive
John Elwa Che
$32,500.00
10 Weeks
Rear wheel drive only
Phil Long Honda
$37,100.00
In stock
Front Wheel Drive Only
Firms chosen: We chose Bighorn Toyota, because the Sienna is the only All -wheel drive
minivan on the market, and is needed for the driving this vehicle encounters at all times of the
year. We also have one and keeping the parts and tires the same reduces cost.
emergency procurement — use designated forms.
Iy61e!lvery 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.
Contract #038.2017
Budget Line Item 4110.33.00952.86650
�%'I'KIN
COUNT
CONTRACT
FOR THE PURCHASE OF GOODS
1 All -Wheel Drive Mini Van
12-16-16
THIS CONTRACT is made and entered into this 16th day of December, 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 111, 2017
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.
Contract #038.2017
Budget Line Item # 110.33.00952.86650
12-16-16
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.
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 Rem. 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 pans
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 $34,142.98 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.
Contract 4038.2017
Budget Line Item #110.33.00952.86650
12-16-16
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
Contract #038.2017
Budget Line Item # 110.33.00952.86650
12-16-16
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
Jonah Frank
76 Service center Rd.
Aspen, CO 81611
Fait: 970-429-1858
B. To Vendor
Jeff Jones
Bighorn Toyota
130 Center Dr.
Glenwood Springs, CO 81601
Fax: 970-945-8898
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
Contract #038.2017
Budget Line Item # 110.33.00952.86650
12-16-16
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
BOa
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GIGHORNTOYOTA
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