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Home My WebLink Aboutbocc.con.312.228/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 40451150.575000 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Matt Bergstresser County Representative Phone (970) 920-5394 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 54,154.20 $ - $ - $ 54,154.20 Fleet Purchase agreement for a 2023 Toyota bZ4X Limited for the airport. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No 2023 Airport Electric Car Purchase Bighorn Toyota $ 54,154.20 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 54,154.20 Sole Source Goods, Equipment, Supplies 12/14/2022 5/31/2023 New Contract 312.22 Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement Rev 2018-10-10 btf 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. 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: December 22, 2022 FROM: Matt Bergstresser, Fleet Manager Proposed Contractor: Bighorn Toyota Product/Service: 2023 Electric Vehicle Purchase for the Airport Estimate expenditure for the above Product/Service: $ 54,154.20 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: Following inquiries to other regional Toyota dealers and confirmation that National Auto Fleet Group does not have the required vehicle available for purchase through the government cooperative purchasing program, the Fleet Department has concluded that Bighorn Toyota is the sole available source for the purchase of a 2023 Toyota bZ4X for the Airport. While other dealerships have some limited availability, the County has confidence in Bighorn Toyota's ability to deliver the vehicle on time and at a slightly better price than other dealerships on the Western Slope. Furthermore, the County's longstanding relationship with Bighorn Toyota and its local ownership are significant incentives to proceed with this vendor. Rev 2018-10-10 btf 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 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. Department Head Section Head !#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date County Manager Reason for Denial: ______________________________________________ !#COUNTY MANAGER SOLE#! Date Jan-06-2023 Public Works Director Brian Pettet Jan-06-2023 Deputy County Manager Rich Englehart Jan-16-2023 Jon Peacock County Manager Contract # 312.22 Revision: 2018-10-10 btf Budget Line Item # 40451150.575000 1 PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made December 22, 2022 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Bighorn Toyota, 130 Center Drive, Glenwood Springs, CO 81601 (hereinafter called the “Vendor”) to perform the following work: 2023 Airport Electric Car Purchase (“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: 1 x 2023 Toyota bZ4X Limited, as further described in “Attachment A” II. 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 Road, Aspen, CO 81611 Date: February 1, 2023 Time: At a time mutually determined and agreed upon by Vendor and County Representative, Matt Begstresser. 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 terms. IV. Time is of the Essence. Vendor acknowledges that time is of the essence for the delivery of goods. V. 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 Zero dollars and Zero cents ($0.00) 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 Contract # 312.22 Revision: 2018-10-10 btf Budget Line Item # 40451150.575000 2 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. VI. 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 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. VII. 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. VIII. Warranty and 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. IX. 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 Fifty-Four Thousand One Hundred Fifty-Four dollars and Twenty cents ($54,154.20), but any payment by the County may be offset by any amount the Vendor owes the County for any reason. Contract # 312.22 Revision: 2018-10-10 btf Budget Line Item # 40451150.575000 3 X. 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 shall be entitled to suit for 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. 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 from 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, 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 Contract # 312.22 Revision: 2018-10-10 btf Budget Line Item # 40451150.575000 4 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 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 provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing 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. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Matt Bergstresser 76 Service Center Road Aspen, CO 81611 Email: matt.bergstresser@pitkincounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Bighorn Toyota 130 Center Drive Glenwood Springs, CO 81601 Phone: (970) 945-6544 Email: jeff@bighorntoyota.com Contract # 312.22 Revision: 2018-10-10 btf Budget Line Item # 40451150.575000 5 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. BIGHORN TOYOTA ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Matt Bergstresser Fleet Manager Dec-27-2022 Jennifer Rose GM Jan-16-2023 Jan-16-2023 County Manager Jon Peacock Attachment A Certificate Of Completion Envelope Id: FA86C04C33FB451AB643254BEF1365D9 Status: Completed Subject: Bighorn Toyota | Pitkin County Contract 312.22 for Review and Signature Source Envelope: Document Pages: 9 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 216.237.91.144 Record Tracking Status: Original 12/22/2022 2:44:19 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Matt Bergstresser matt.bergstresser@pitkincounty.com Fleet Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 12/22/2022 3:11:52 PM Viewed: 12/27/2022 7:46:02 AM Signed: 12/27/2022 7:50:05 AM Electronic Record and Signature Disclosure: Accepted: 12/27/2022 7:46:02 AM ID: 46ba259c-cda9-4fa4-9391-8dd16f01f8c2 Company Name: Pitkin County, Colorado Brian Pettet Brian.Pettet@PitkinCounty.com Public Works Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 71.196.148.43 Signed using mobile Sent: 12/27/2022 7:50:08 AM Viewed: 1/6/2023 8:33:41 AM Signed: 1/6/2023 8:34:05 AM Electronic Record and Signature Disclosure: Accepted: 1/9/2023 1:36:10 PM ID: 620f230f-fde9-4233-8275-8d428a560736 Company Name: Pitkin County, Colorado Rich Englehart rich.englehart@pitkincounty.com Deputy County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 1/6/2023 8:34:08 AM Viewed: 1/6/2023 8:44:14 AM Signed: 1/6/2023 8:44:46 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Rose jrose@bighorntoyota.com GM Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 208.72.65.45 Sent: 1/6/2023 8:44:51 AM Resent: 1/9/2023 10:28:51 AM Resent: 1/9/2023 10:29:01 AM Viewed: 1/9/2023 11:05:51 AM Signed: 1/16/2023 5:00:55 PM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 1/9/2023 11:05:51 AM ID: 227ebed7-0f7f-4d7e-b6b5-9b7b05997b4a Company Name: Pitkin County, Colorado Jon Peacock jon.peacock@pitkincounty.com County Manager Pitkin County Signing Group: County Manager Group Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 24.9.199.226 Sent: 1/16/2023 5:00:59 PM Viewed: 1/16/2023 6:32:54 PM Signed: 1/16/2023 6:34:06 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Connie Baker connie.baker@pitkincounty.com Budget Director Pitkin County Security Level: Email, Account Authentication (None) Using IP Address: 65.38.144.66 Sent: 12/22/2022 2:53:03 PM Viewed: 12/22/2022 2:57:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Nora Waivers nora.waivers@pitkincounty.com Procurement Specialist Security Level: Email, Account Authentication (None)Using IP Address: 216.237.91.144 Sent: 12/22/2022 2:57:24 PM Viewed: 12/22/2022 3:11:51 PM Electronic Record and Signature Disclosure: Accepted: 12/22/2022 3:11:51 PM ID: fde6a689-0f37-47c7-b127-e1e4d2a88a18 Company Name: Pitkin County, Colorado Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Manager Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/16/2023 6:34:12 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/16/2023 6:34:16 PM Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Jeff Jones jeff@bighorntoyota.com Security Level: Email, Account Authentication (None) Sent: 1/16/2023 6:34:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/22/2022 2:53:03 PM Envelope Updated Security Checked 1/9/2023 10:28:50 AM Envelope Updated Security Checked 1/9/2023 10:28:50 AM Envelope Updated Security Checked 1/9/2023 10:28:50 AM Envelope Updated Security Checked 1/9/2023 10:28:50 AM Certified Delivered Security Checked 1/16/2023 6:32:54 PM Signing Complete Security Checked 1/16/2023 6:34:06 PM Completed Security Checked 1/16/2023 6:34:21 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. 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