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HomeMy WebLinkAboutbocc.con.164.248/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 10013100.562500.10165 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 Parker Lathrop County Representative Phone (970) 948-6986 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 50,544.00 $ - $ - $ 50,544.00 Sheriff Contract to provide Pitkin County Sheriff's Office with Ballistic Plates. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No Ballistic Plates ProForce Law Enforcement $ 50,544.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 50,544.00 Emergency Goods, Equipment, Supplies 9/1/2024 12/31/2024 New Contract 164.24 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 Contract #: 164.24 Rev. 2022.04.15 CDD Budget Line Item #: Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, ensure that all requirements have been met and that Procurement, Accounts Payable, and the Logistics Chief for the incident have received copies. 1 PITKIN COUNTY, COLORADO EMERGENCY PROCUREMENT FILE MEMORANDUM TO: File FROM: Parker Lathrop, Chief Deputy of Operations, Sheriff’s Office RE: PCSO Ballistic Armor Plate Emergency Replacement DATE: 9/12/2024 EMERGENCY PROCUREMENT Notwithstanding any other provision of this Code, a procurement officer may make emergency procurements: When the County Manager determines that emergency procurement is necessary and/or has declared a state of emergency because of a threat to public health, welfare, or safety, such procurement shall be made with such competition as is practicable under the circumstances (Pitkin County Procurement Code section 3-105.). The following written information shall become a part of the contract file 140.22: A. Name of Emergency Incident: PCSO Ballistic Armor Plate Emergency Replacement B. Description of Project/Purchase: Replace the ballistic armor plates used by PCSO for high risk encounters C. Budget or funding source: 10013100.562500.10165, Potential Reimbursing Org. D. Reason for Emergency Procurement: PCSO became aware that the ballistic armor plates that were issued to deputies may have had major manufacturing defects that could lead to catastrophic failure of this life safety device. These plates were removed from service immediately, leaving a large gap in the vital safety equipment deputies rely upon in high risk situations. The company that manufactured these plates has since gone out of business due to this manufacture defect, leaving no recourse to rectify the issue. PCSO sought to replace these defective plates with a product with like attributes that was manufactured by a well-established and proven company as was to protect the county from a similar incident in the future. Safariland is a leading producer of ballistic armor and had a product that met PCSO’s desired qualities and was inline with pricing from our last purchase. Contractor(s) Contacted/Selected: ProForce Law Enforcement ProForce Marketing, INC EIN 86-1022874 PCSO found limited replacement options, but was able to identify two products that would have met the needs of the product. PCSO ultimately chose the more established producer with greater resources to address any manufacturing issue that might arise during the lifecycle of the replacement plates. While cost was a consideration, the decision was made based on the established history of the producer as a means to protect the county’s investment. Proforce Law Enforcement acts as the regional vender for Safariland ballistic products, while also having an existing and positive business relationship with PCSO, would act as the contractor through which PSCO would purchase the identified ballistic plates that were selected. 2 Recommended for Approval: ______________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date County Manager/Incident Commander approval: ______________________________________________________ !#COUNTY MANAGER#! Date PCSO Chief Deputy of Operations Sep-12-2024 Parker Lathrop Deputy County Manager Sep-25-2024 Rich Englehart Contract # 164.24 Revision: 2022.08.04 CDD 1 PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made September 12, 2024 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 Pro Force Law Enforcement, 2625 Stearman Drive Ste. A, Prescott, AZ 86301 (hereinafter called the “Vendor”) to perform the following work: Ballistic Plates (“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: 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: 530 E Main Street Ste 103 Aspen, CO 81611 Date: September 30, 2024 Time: 12:00 PM 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 Fifty Thousand Five Hundred Forty-Four dollars and Zero cents ($50,544.00) 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 Contract # 164.24 Revision: 2022.08.04 CDD 2 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 Six Months 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. Optional Delivery ExtensionUpon 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 10 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. 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 Thousand Five Hundred Forty-Four dollars and Zero cents ($50,544.00), but any payment by the County may be offset by any amount the Vendor owes the County for any reason. Contract # 164.24 Revision: 2022.08.04 CDD 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 # 164.24 Revision: 2022.08.04 CDD 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: Parker Lathrop 530 E Main Street Ste 103 Aspen, CO 81611 Email: parker.lathrop@pitkinsheriff.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Pro Force Law Enforcement 2625 Stearman Drive Ste. A Prescott, AZ 86301 Phone: (928) 776-7192 Email: John.Gall@proforceonline.com Contract # 164.24 Revision: 2022.08.04 CDD 5 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. PRO FORCE LAW Enforcement ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Sep-12-2024 PCSO Chief Deputy of Operations Parker Lathrop Sep-25-2024 SALES REP John Gall Sep-25-2024 Deputy County Manager Rich Englehart QUOTE#O R D E R SHIP DATE Q U O T E PAGE SOLD SHIPTO TO JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT. QTY. UOMORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE COMMENT TERMS 696993 1 A.S.A.P. PITKIN COUNTY SHERIFF PITKIN COUNTY SHERIFF 530 E MAIN STREET, STE 103 ATTN: PARKER LATHROP 530 E MAIN STREET STE 103 ASPEN CO 81611 ASPEN CO 81611 970-920-5307 N/A 08/16/24 007740 A IVAN GELO FX G-FOB ORIGIN 36 NON-STOCK 642.00 EA 23,112.00 PTA 1350923 .00 36 NON-STOCK 762.00 EA 27,432.00 PTA 1350921 .00 IMPORTANT NOTICES: This quotation is based on the issuance of a department purchase order and F.E.T. form. ATF or the manufacturer may require additional forms. Sample forms may be found at: http://www.ProForceonline.com/forms.html Standard Terms are Net 30 days. If department policy does not allow for partial shipments and payments, separate purchase orders for each item will be necessary. Standard manufacturer's warranty applies to all department This quote is valid for 45 days, pending credit approval, and is subject to manufacturer's availability and price change. Please call (800) 367-5855 if this bid is still pending on the expiration date for updated pricing. ProForce Law Enforcement agrees to defend, indemnify and hold harmless its customers from claims for personal injury or property damages, to the extent arising from the QUOTE#O R D E R SHIP DATE Q U O T E PAGE SOLD SHIPTO TO JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT. QTY. UOMORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE COMMENT TERMS 696993 2 A.S.A.P. PITKIN COUNTY SHERIFF PITKIN COUNTY SHERIFF 530 E MAIN STREET, STE 103 ATTN: PARKER LATHROP 530 E MAIN STREET STE 103 ASPEN CO 81611 ASPEN CO 81611 970-920-5307 N/A 08/16/24 007740 A IVAN GELO FX G-FOB ORIGIN negligent acts or omissions of ProForce Law Enforcement or its employees, agents or independent contractors. ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or send an email to john.gall@proforceonline.com. For orders over $5,000, a PO or signed quote is required to process the order. Returned items are subject to 20% restocking fee. All sales are final on non-stocked/special order items IMPORTANT: To order from this quotation, please sign below. Printed Name: ____________________________________________ - Date: ___________________________ P.O.:___________________ - Signature: _______________________________________________ SALES AMOUNT 50,544.00 DUE NET 30 DAYS Certificate Of Completion Envelope Id: 89C9B674955D4D148F92B28036B8666D Status: Completed Subject: ProForce Law Enforcement | Pitkin County Contract 164.24 for Review and Signature Source Envelope: Document Pages: 10 Signatures: 5 Envelope Originator: Certificate Pages: 5 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: 76.25.143.56 Record Tracking Status: Original 9/12/2024 4:22:37 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Parker Lathrop parker.lathrop@pitkinsheriff.com PCSO Chief Deputy of Operations Pitkin County Sheriff Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 9/12/2024 4:24:46 PM Viewed: 9/12/2024 4:49:10 PM Signed: 9/12/2024 4:49:35 PM Electronic Record and Signature Disclosure: Accepted: 9/12/2024 4:49:10 PM ID: f719212a-558a-4c25-801e-3a51ff387c60 Company Name: Pitkin County, Colorado John Gall John.Gall@proforceonline.com SALES REP Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 159.118.226.10 Sent: 9/12/2024 4:49:37 PM Viewed: 9/13/2024 9:13:41 AM Signed: 9/25/2024 10:00:48 AM Electronic Record and Signature Disclosure: Accepted: 9/13/2024 9:13:40 AM ID: cc14f630-a3bf-40b2-a27f-41ae9bdc85ba Company Name: Pitkin County, Colorado Rich Englehart rich.englehart@pitkincounty.com Deputy County Manager Pitkin County Signing Group: County Manager Group Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 9/25/2024 10:00:50 AM Viewed: 9/25/2024 10:03:16 AM Signed: 9/25/2024 10:03:36 AM 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 Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 9/25/2024 10:03:37 AM Resent: 9/25/2024 10:03:43 AM 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: 9/25/2024 10:03:38 AM Viewed: 9/25/2024 10:04:22 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Parker Lathrop parker.lathrop@pitkinsheriff.com PCSO Chief Deputy of Operations Pitkin County Sheriff Security Level: Email, Account Authentication (None) Sent: 9/25/2024 10:03:39 AM Electronic Record and Signature Disclosure: Accepted: 9/12/2024 4:49:10 PM ID: f719212a-558a-4c25-801e-3a51ff387c60 Company Name: Pitkin County, Colorado Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/12/2024 4:24:46 PM Certified Delivered Security Checked 9/25/2024 10:03:16 AM Signing Complete Security Checked 9/25/2024 10:03:36 AM Completed Security Checked 9/25/2024 10:03:39 AM 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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