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HomeMy WebLinkAboutbocc.con.102.2017.1011IxIN Pitkin County �7COO'TContract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Project Lead. Retum all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement lie] pro]oitkineomnv.com). Any contracts $50,000 and over will be routed for signatures to County Manager and Attomey's Office (if required) by Procurement & Contracts Manager. Contract Information Contract Number 102,2017 Previous Chan a Order/Amendment Amount (if applicable Project Name _ FM I ransmitler Purchase _ $0.00 Contractor Technalo ix _ Budget Line Item 003.77.92755.86000 $ Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) - $ Contract Start Date 3/7/2017 Contract End Date 3/31/2017 Automatic Renewal Yes ❑ No® If Constmctiona Retainage Yes $ or % NoLJ iT in is is a new contractor, please request me) complete and submitto tlnance a W-9 Form. Contact Information: Department Communications_ _ Project Manager ,Teff Krueger Project Manager (970)429-6114 Phone Provide a brief description of the contract: FM T_ramm�i[Icr purchase Cor various sites Contract Value Summary: Original Contract Amount $ 25,023.0_0 Previous Chan a Order/Amendment Amount (if applicable $ 0.00 This Chan a order /Amendment amount ifa llcabte _ $0.00 New Contract Total $ 25,023.00 rrocurement IVtetuod: None N Informal❑ Formal ❑ Sole Source L Emergency ❑ Contract Renewal ❑ Contract Type: Services/Maintenance') Construction Ll Goods, Equipment, Supplies N Change Order/Amendment ❑ Other, please explain ❑ 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# 368.2016 Budget Line Item # 003.77 92785a3000 PITKIN COUNTY SOLESOURCEPROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DA'I'li: November 18, 2016 FROM: Jeff Krueger, Communications Site Manager , Proposed Contractor: 'I'echnalogix Product/Service: Digital Translators Estimate expenditure for the above construction service: $ 65,000 Rev 3.25. 11 jaa 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, Axcera and Emcee (this is a very specialized field and there are a limited number of vendors that mala 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.' Ihis 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 it 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. flic undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin Comfy Procuremer t Code. 12/5/2016 , z s - Department Head Date Section cad Date Approved \,�" Denied Reason for Jon Pe ack, ounty Manager Date Comtrectli 368.2016 Budget Line Item N 003.77.92785.83000 Rev 8.25. /1 faa Note: Every effort should be made to obtain a written contract when otherwise required under Comity 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. Budget Line Item p 003.77.92755.86000 PITKTN 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 4106, Basalt, CO 81621, (hereinafter called the "County") and Techni logix, 44, 8021 Edgar Industrial Place, Red Deer, Alberta, Canada T4P 3R3 (hereinafter called the "Vendor') to perform the following work: Digital Translators ("Project'). 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$ LIST) $ TXF-150, 150 watt stereo FM transmitter c/w OLED display, Ethernet and SNMP remote monitoring and control, RBDS, Limiter, PAS Frequency Agile, SCA, Digital AES 5/PDIF inputs. 1 2000 Unit can be run at 75 or 100 watts 1 $ 2,893.00 $ 2,893.00 Inovonics AARON 650 Re -Broadcast receiver, MOD composite passthrough 2 8054 Audio Failover, FFT Analyzer 5 2,390.00 $ 11,950.00 TXF-50, 50 watt stereo FM transmitter c/w OLED display, Ethernet and SNMP remote monitoring and control, REDS, Limiter, PAS Frequency Agile, SCA, Digital AES 5/PDIF inputs. 3 2000 1 Unit can be run 40 watts 4 2,545.00 1 $10,180.00 In the case of any inconsistency between the Contract and any amendments, addendums, attachment exhibits, or otherwise, the terms of this Contract shall be controlling. IT. 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: 485 Rio Grande Place, Aspen, CO 81611 Date: NNARNW, Time: Budget Line Item #003.77.92755.86000 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, Vendor shall insure the goods for loss or damage in amounts and under appropriate terns. 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 (1) 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 sun ive closing of this contract. VI. Resection 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 contract or declare Vendor to be in default and pursue remedies contained in this contract. VII. Warranty and Repairs. A. Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously tender to County all warranties, bmarantees, 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 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. VIII. Payment. Full payment shall occur upon order of goods 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 twenty-five thousand twenty-three dollars and zero cents ($25,023.00), but any payment by the County may be offset by any amount the Vendor owes the Cowry for any reason. Budget Line Item a 003.77.92755.86000 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. 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. XI. 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. X11. 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. XIII. 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. XN. Exemptions. All purchases of construction or building or any other materials for this contract shall not include Federal Excise faxes 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. XV. 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. XVI. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. XVII. 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 terns (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, 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. XVIII. 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 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 Budget line Item R 003.77.92755.86000 shall be construed or interpreted as creating a multiple -fiscal year director 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 he 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. XIX. 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 parties 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: Jeff Pearce 485 Rio Grande Place Aspen, CO 81611 Email: jeff.pearce&itkincounty.com To Contractor: Technalogix #4, 8021 Edgar Industrial Place Red Deer, Alberta Canada T4P 3R3 Phone: (403) 347-5400 Email: bobLtechnalogix.ca with copies to: Pitkin County Attorney's Office 123 Emma St., Suite #204 Basalt, Colorado 81621 Email: Attomey@pitkincounty.com Budget Line Item k 003.77.92755.86000 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. TE ��l�i�- iMQr3�l1 Signat Date L,LI 1 �j� Res 1J'eLn Printed Name role PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: 3/7/2017 County Representative Date