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Home My WebLink Aboutbocc.con.133.2006 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Pr , R.. Po n....,- Contact perso~ I D ~~~e Phone #: ~~~. ~ 5-S ProJect Name uhN L Contract#:----J -2.l}~(,L . (!?OJ /9'fl-I 1'J<=t ~S BOCC AGENDA ITEM ?<.. STAFF AUTHORIZED SIGNATURE (BOCC signature required) (l1J (per Revised Procurement Code7/2005) .." It!, 2.90.00 4 Q Dollar Amount: $ Budget Line Item i () . (p (. -X-Purchase '1/ 'f 3$. g" (JOO _Employment _Intergovernmental Agreement (Requires BOCC Action) Non Profit _Quasi-Public Check Contract Type: Services Maintenance License/Use Lease Construction _Grant Agreements (Requires BOCC Action) _ Change Order/Contract Amendment Other Signatures Required: Under 25K - Department Head 25-50K - Department Head (if appropriate), Section Leader Over 50 K - Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete tJame): IN N tJ V 4""1 II e OPi!?1V; N q,~ Contract Execution Date: l' /I ~v Contract End Date: VPON 'i:>ldt-I II e~ Automatic Renewal (Y/N): 1-.1- Term year(s) All Contracts should be proofed for the following: . No Pages Missing . If a Page is Left Intentionally Blank - Note on Page . Page numbered consecutively . All Signatures Affixed . All Dates Filled In . All Other Blanks Filled In . All Exhibits Attached . All Legal Descriptions Attached (if appropriate) . Notice of A wardIProceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning! Archiving \J ~ t-tn Date: :f11~Jl3~ Authorized Staff Person ~ Wa,."...e Signature of authorized staff person indicates that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. ;{In " ! h Judi fl'I'~ 05 I pcjmj\ ww\g\scannning\collnty contracts \narrat ive \check/Is tshee t Rev.2f13/06dq CONTRACT FOR THE PURCHASE OF GOODS Contract # 133-2006 Budget line item # 404.69.94778.86000 THIS CONTRACT is made and entered into this II th day of July, 2006 , by and between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "Buyer") and Innovative Openings, Inc., (hereinafter "Vendor"). 1. GOODS PURCHASED. Vendor shall provide Buyer the following goods conforming to the stated description and any Technical Specifications attached to this contract: As per the Attached Exhibit "A" 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 Buyer at the following place and time: Goods shall be delivered and installed at the Aspen Airport Operations Center, 1001 Owl Creek Rd, Aspen, CO 81611 no later than August 31, 2006. 3. RISK OF LOSS. At all times prior to delivery and Buyer's acceptance of the goods, Vendor shall bear any and all risk ofloss 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. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by Buyer. Buyer shall have seven (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 Buyer free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. 6. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this contract, Buyer may reject goods. Vendor shall seven (7) days additional time to deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, Buyer may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. ~ 7. WARRANTY/REPAIRS: A. Deliverv of Warranty. Upon delivery of the goods, Vendor shall simultaneously tender to Buyer 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 two years after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the Buyer, 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, in accordance with the Service Contract attached as Exhibit "B". 8 PAYMENT. Payment of one-half of the contract amount shall occur upon execution of this contract. Payment of the remaining one-half shall be made upon delivery and acceptance by Buyer of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to Buyer in accordance with this contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the total sum of $19,290.00 (nineteen thousand, two hundred ninety dollars and zero cents), but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any reason. 9. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Buyer 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. 10. BUYER'S REMEDIES UPON DEFAULTOF VENDOR. \Vhenever Vendor shall default in performance of this contract in accordance with its terms, Buyer shall be entitled to suit for damages, specific performance or other relief in law or equity. II 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 Buyer. 12. 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. 13. 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 14. INTEGRATION AND MODIFICATION. This contract represents the entire and integrated contract between the Buyer 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 Buyer and Vendor. ~ IS. 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. 16. 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. 17. 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. 18. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that Buyer is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Govemmental Immunity Act, 24-10-10 I, et. Seq., C.R.S., as from time to time amended, or otherwise available to Buyer 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 Buyer for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or employees. 19. 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 Buyer. 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. 20. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (l) 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: 't A To Pitkin County David Ulane Aspen/Pitkin County Airport 0233 E. Airport Rd. Aspen, CO 81611 Fax: (970) 920-5378 B. To Vendor: Innovative Openings 637 S. Pierce Ave. Louisville, CO 80027 Fax: (303) 665-3170 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: By: Title: Pa..uP~5SIc),..J1>,L- /).C-c;..".J,....J, /I'I"'.r-l1>, (..fV2.. - ::~KIN ~:~DO Authorized Signer Title: AS~T M"'M....:J bt2.etJt)l2- j . 11 I INNOVATIVE OPENINGS Window Covering and ShadIng Solutions 637 South Pierce Avenue Louisville, Colorado 80027 Corporate OffIce (303) 665.1305 exL 126 (303) 665-3170 fax QUOTATION PURCHASER: Mr. Dave R. Ulane Aspenl Pitkin County Airport PROPERTY OWNER: Same JOB ADDRESS: 1001 Owl Creek Road Aspen, Colorado 81611 BILLING ADDRESS: 0233 E. Airport Road Aspen, Colorado 81611 DATE: 07/1112006 OFFICE PHONE: (970) 429-2853 OFFICE FAX: (970) 920-5378 CELL PHONE: (970) 309.7285 SALESMAN: David Low SPECIAL COMMENTS Note: Purchaser "Tax. Exempt" No electrical wiring or hook-up has been included. Purchaser responsible for providing a power lift for field dimensioning, installation, and any warranty work. DESCRIPTION & SPECIFICATIONS: SPECIFICATIONS Have custom manufactured, delivered and installed: 12 Insolroll 2000 motorized blackout shades. Have units manufactured to cover all upper windows in the Fire Department aad Snow Removal areas of the new ARFFI SRE Facility. Include electrical controls to allow operation of 9 units in the Snow Removal area and 3 units in the Fire Department area via individual 24 hr. timersl manual override switches. Fabric: 14 oz. Fiberglass Blackout Fabric, Color: White. Please note: the white color comes in 120" width allowing us to produce the largest shades with out seams. Total Discounted Material Cost Delivery & InstaUation Charges 16,640.00 2,65ll.OO TOTAL $19290.00 This order is noncaacelable by purchaser. Prices are good if executed prior to Payable as Follows: Date: $9,645.00 Deposit required prior to 07J3JJ06. $9.645.00 Balance to be billed upon completion of installation. due net 15 days. ~