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HomeMy WebLinkAboutbocc.con.195.2017 1111 It t N Pitkin County Cot NV' Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Project Lead. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement helmEmtkincounty com). Any contracts$50.000 and over will he routed for signatures to County Manager and Attorney's Office(if required)by Procurement&Contracts Manager. Contract Information Contract Number 1952017 Project Name Astoria Espresso Machine Contractor Louis Swiss Pastry, Inc _ Budget Line Item 4040 20.00000 63999 g Additional Budget Line $ Item(s) (Please fully allocate New $ Contract Total I $ Contract Start Date 6/9/2017 _ Contract End Date 7/15/2017_ Automatic Renewal Yes ❑ No® _ If Construction• Retainage Yes$ or 4;0 No© If this is a new contractor,please request they complete and submit to Finance a W-9 Form. Contact Information: Department Airport _ Project Manager Chris Padilla Project Manager (970)429-1888 Phone Provide a brief description of the contract: [ale of goods Contract Value Summa n� Original Contract Amount _ $ 1,000.00 Previous Change Order/Amendment Amount inapplicable) _ $ 0.00 This Change order/Amendment amount of applicable) _ $0.00 New Contract Total $ 1,000.00 Procurement Method: None Mx Informal❑ Formal ,U Sole Source IA Emergency ❑ Contract Renewal 0 Contract Type: Sen. ccs/Maintenance '_7 Construction ❑ Goodh, Equipment, Supplies 0 Change Order/Amendment ❑ Other, please explain U Click here to enter text NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COI ORA DO STATE ARCHIVES RETAINAGE SCIIEDULE ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract It 1952017 Rev,con 10/05/,'01e btf Budget Line Item#404 20 00000.63999 pt 'CItIAi COU %T� l • 3) PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made June 9, 2017 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 Louis Swiss Pastry Inc., 400 AABC, Aspen, CO 81611 (hereinafter called the"Vendor")to purchase the following Astoria Espresso Machine("Project"). I. Goods Purchased. Vendor shall provide County with the following goods conforming to the stated description and any Technical Specifications attached to this contract: One Astoria Espresso Machine, Serial #418824, Model #SAE./2N IL Delivery of Goods. Goods, together with all warranties, guarantees, manuals, support information and notice of any extended warranties, shall be delivered by County to the Vendor at the following place and time: Place (1233 E. Airport Road, Aspen, CO 81611 Date: July 15,2017 Time: 12:00 PM TIT. Risk of Loss. At all times prior to delivery and Vendor's acceptance of the goods, County shall bear any and all risk of loss of or damage to the goods. During such period, County shall insure the goods for loss or damage in amounts and under appropriate terms. IV Time is of the Essence. Vendor acknowledges that time is of the essence for the delivery of goods. V. Licmdated Damages. County hereby agrees to be responsible to Vendor for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of zero dollars and zero cents (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 arc to be deducted from purchase price 1 Contract# 795 2017 sew ,n 10:x;^m6 bmf Budget Line Item N 404,20,00000 63999 VI. Acceptance of Goods. Delis cry of goods shall be complete only upon acceptance by Vendor. Vendor shall have one {I) week for inspection of goods. At delivery and after inspection and acceptance,County 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 Vendor free and clear of any liens, claims or encumbrances, and County shall warrant the same, which warranty shall survive closing of this contract. VII. Rejection of Goods It goods ate not delivered according to the specifications and descriptions of this contract, Vendor may reject goods. Upon Failure of County to deliver goods, Vendor may terminate this contract or declare County to be in default and pursue remedies contained in this contract VIII. Warranty A I)eltvery of Warranty Upon delivery of the goods, County shall simultaneously tender to Vendor all warranties,guarantees,manuals and other documents specified by the contract documents or in possession of County. B Acceptance of Goods. The County hereby warrants that all goods delivered are on a"as-is"basis. IX. Pavmcnt. Full payment shall occur upon acceptance of goods delivered in compliance with this contract In consideration of delivery and acceptance of the goods to Vendor jn accordance with this contract, Vendor snail pay County,and County agrees to accept as its full and only compensation, the stated sum of one thousand dollars and zero cents ($1000.00 i. S. 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 XI. County's Remedies Upon Default of Vendor. Whenever Vendor shall default in performance of this contract in accordance with its terms. County she!i be entitled to suit fin'damages, specific performance or other relief in law or equity XII. 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. XIII. Severaflity. In the event that any provision of this contract shall he held to he invalid of unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. 2 Contract 44 195 2017 Revision 10/05/20166n Budget Line Item tt 404.20.00000.63999 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 from such taxes under registration numbers 98- 02624 and 84-78000-5K. XVI. Contract Madc in Colorado. The panics 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, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees XVIII 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, 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 XIX. 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 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 be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this 3 Contract#1952017 Nevumn 10,05,o016 Mt Budget Line Item#404 20.00000 63999 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 and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County: with copies to: Chris Padilla, Airport Controller Pitkin County Attorney's Office 0233 E Airport Road, Suite A 123 Emma Rd., Suite#204 Aspen, CO 81611 Basalt, Colorado 81621 Email: Chris.Paddla iiAspenAirport corn Email: Attorneyapitkincounty.com To Contractor: Louis Swiss Pastry inc. 400 A ABC Aspen, CO 81611 Phone: (970) 379-4446 Email tornare@Jsopris net 4 Contract#195 2017 Revmon.10/05/2016 bi/ Budget Line Item#404 20.00000.63999 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. Louis Swiss:Pastry Inc. S'_nature <i ( Date ��ei<' /71-16hG /VA7 Printed Name 'Title PITIUN COUNTY,COLORADO RE„,i EN FOR AP' OVAL: � . / / , ��_ b is Padilla, Airport Controller ll to 5