HomeMy WebLinkAboutresolution.council.044-10RESOLUTION #44
(Series of 2010)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND PCS MOBILE SETTING FORTH THE TERMS
AND CONDITIONS REGARDING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council an agreement
between the City of Aspen, Colorado, and PCS Mobile, a copy of which
agreement is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that agreement
between the City of Aspen, Colorado, and PCS Mobile regarding the purchase of
26 Panasonic computers and associated peripheral equipment for the city of
Aspen, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager of the City of Aspen to execute said contract
on behalf of the City of Aspen.
Dated: ~~~ ~~ ~p~(~
!~
Michael C. Ire d, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, June 28, 2010.
c.J .___
Kat n S. Koch, City Clerk
V
pcs mobile
Corporate Headquarters
1200 W Mississippi Ave
Denver, CO 80223
Email: sales®ocsmobile.com
Customer:
Aspen Police Dept.
506 E Main St
Aspen, CO 81611
Quotation
Print Date 06/21/2010
Quote Valid Date 07/10/2010 5:05 am
Quote QT-4295/ 1
for: Aspen Police Dept.
Page 1 of 3
Inside Sales Rep: Mantly Straight
Email: mandys@pcsmobile.com
Phone: 303-552-3957
Fax:
Salesperson: Mark Stefanowski
Email: marks~dpcsmobile.com
Quote Created By: Mark Stefanowski
1 CF- Processor -Intel Core 2 Duo P8400 26 2120 55120
62GUNBR2B 2.26GHz Vpro.
Display - 13.3" XGA Touch screen display ,
RAM - 2G8.
Hard Drive - 160GB.
DVD Drive -multi-drive (read and write
capable).
OS -Windows 7
GOBI wireless modem built in.
Bluetooth.
Intel Wifi a/b/g/n.
Panasonic Preferred Service 3 r Warrant .
2 CF- PANASONIC TOUGHBOOK PROTECTION 26 314.95 8188.7
SVCLTNF4Y PLUS 4 YEARS
3 DS-PAN-401 full ru ed dockin for Panasonic CF-52 I1 460 5060
Hi hlander Mountin
4 DS-LOWER-13 GAMBER JOHNSON - 13" LOWER POLE 11 26.1 287.1
5 QADJ-UPPER- QUICK ADJ UPPER TUBE ASSY 8" 11 50.75 558.25
M
6 DS-ARM-90 GAMBER JOHNSON - DS-ARM & 0-90 11 91 1001
CLEVIS
7 C-ADP-101 Ada ter Plate 11 28.41 312.51
Chev Colorado Mountin
8 7160-0114 Base mount for Chevy Colorado 3 53.25 159.75
Standard Ext Crew cab no holes
9 DS-LOWER-9 GAMBER JOHNSON - 9" LOWER POLE 3 26.01 78.03
10 QAD]-UPPER- QUICK ADJ UPPER TUBE ASSY 8" 3 50.75 152.25
M
11 DS-ARM-90 GAMBER JOHNSON- DS-ARM & 0-90 2 91 182
CLEVIS
12 C-ADP-101 Ada ter Plate 3 28.41 85.23
13 APG PS30-M- Mag Mount GPS Rewiever 11 99 1089
511-9
14 CF-VE8522M CF-62 Deskto Port Re lica[or 8 254.15 2033.2
Page 1
www.pcsmobile.com
Quote QT-4295/1
for: Aspen Police Dept.
Page 2 of 3
cs mobile
Quote Sub
Total $74307.02
Quote
Total Q74307.02
Notes - 2G6 RAM PROMO - 2GB of RAM will be provided at no cost for orders by
www.pcsmobile.com
Page 2
u
pcs mobile~~
Quote QT-4295/1
for: Aspen Police Dept.
Page 3 of 3
Terms
Portable Computer Systems, Inc., dba: PCS Mobile
Standard Reseller: Terms and Conditions
1. Contract Terms. These Terms and Conditions are attached to and made a part of a "Quote" for resale of products ("Products")
provided by Portable Computer Systems, Inc., dba: PCS Mobile ("PCS") to the buyer named therein ("Buyer"); and all further
references herein to "this Agreement" mean the Quote, including these Terms and Conditions. Upon acceptance of this Agreement
by Buyer, the provisions of this Agreement constitute a binding contract between PCS and Buyer. This Agreement shall be
accepted by Buyer upon either receipt from Buyer of any written communication confirming this Agreement or acceptance by
Buyer of Products shipped by PCS pursuant to this Agreement. This Agreement supersedes all prior communications relating to
the Products covered by this Agreement, and any contrary or supplemental provisions in any Buyer purchase order or other
communication from Buyer aze specifically rejected.
2. Pavment. Payment for the Products shall be in US dollars as stated in this Agreement. Unless stated otherwise, prices stated in
this Agreement do not include any state or local sale, use or other taxes or assessments or freight charges (beyond delivery by PCS
to common carrier), all of which shall be paid by Buyer. A service charge of 1.5°I° per month will be charged on all past due
balances and will be due on demand. All PCS costs of collection, including reasonable attorney's fees, shall be paid by Buyer.
Buyer grants PCS a security interest (and the right to file UCC financing statements) in the Products to secure payment of all
amounts due. If Buyer fails to make any payment when due, PCS shall have [he right to revoke any credit extended, regarding the
Products or otherwise, to delay or cancel any or all furore deliveries without liability to Buyer. The obligation of PCS to deliver
Products shall terminate without notice upon filing of any bankruptcy proceeding by or against Buyer or appointment of any
tmstee for Buyer or any of its assets. Under no circumstances may Buyer set off against amounts due PCS pursuant to this
Agreement any claim Buyer may have against PCS far any reason.
3. Shipment Delivery of all Products shall be F.O.B. place of shipment by or for PCS, unless otherwise agreed in writing. PCS
reserves the right to select the means of shipment, point of shipment and routing. Delivery will be deemed complete upon transfer
of possession of Products to common canier as described above, whereupon all risk of loss, damage or destruction to [he Products
shall pass to Buyer.
4. Acceptance of Products: Returns. All Products shall be deemed accepted by Buyer unless Buyer notifies PCS in writing within
seven (7) calendar days of receipt of Products of any shoe shipment, wrong-product shipment, damaged Products or similar
discrepancies. Once accepted by Buyer, Products may be returned only with authorization from PCS, in [he sole discretion of
PCS; and in no case will returns be considered mare than thirty (30) days after delivery to Buyer. If accepted for return Products
will be subject to a 20% restocking fee.
5. Warranties. PCS makes no representation with regard to Products of any kind or nature, express or implied, including any
warranty of merchantability or fitness for a particulaz purposes, or usage of Vade. Products are covered by manufacturer's
warranty only. Copies of manufacturer's warranty will be provided to Buyer upon written request. PCS assigns to Buyer all
warrao[ies on [he Products accepted by Buyer; and PCS shall have no obligation relating to processing claims there under, though
PCS may assist Buyer therewith at the sole option of PCS.
6. Limitation on Liability. In no event shall PCS be liable for any claims (or loss of use, revenue, profit or customer, or any
direct, indirect, special, incidental or consequential damages of any kind or nature arising out of, or connected with the Products,
the use [hereof, or the sale thereof by PCS to Buyer. Further, Buyer ogees [o indemnify and defend PCS from any such claims.
7. Force Maieure. PCS shall w[ be liable for any delay or failure [o perform any obligation of PCS under [his Agreement [ha[ is
caused by events of force majeure, including without limitation strikes, riots, casualties, acts of God, war, governmental action or
other cause beyond [he reasonable control of PCS.
8. Miscellaneous. This Agreement cons[imres [he entire agreement between PCS and Buyer regarding the Products, and may no[
be modified except by written agreement signed by [he party [o be charged with [he modification. Buyer's rights under this
Agreement may not be assigned without the written consent of PCS. If any provision of this Agreement shall become invalid or
illegal under any provision of applicable law, the remainder of this Agreement shall not be affected This Agreement shall be
binding upon both PCS and Buyer, and their respective successors and assigns. This Agreement shall be interpreted in accordance
with the internal laws of the State of Colorado.
www.pcsmobile.com
Page 3
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 21st day of June 2010, between the
City of Aspen, Colorado, herein after referred to as the "City" and PCS Mobile, hereinafter
referred to as the "Vendor".
WITNESSE=TH, that whereas the City wishes to purchase twenty-six computers and
associated peripherals, hereinafter called the UNIT(S) being more fully described and
attached herewitEi as 'Exhibit A', in accordance with the terms and conditions outlined in
the Contract Documents and any associated Specifications, and Vendor wishes to sell said
UNIT to the City as specified in its Bid.
NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set
forth agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as
described in the Contract Document and more specifically in Vendor's Bid for
the Burn of Seventy Four Thousand Three Hundred and Seven Dollars ($
74,307).
2. Deliver. Via standard carrier to: Aspen Police Dept. 506 E Main #102, Aspen,
CO 81611
3. Contract Documents. This Agreement shall include all Contract Documents as
the same are listed in the Invitation to Bid and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. Panasonic Toughbook Protection Plus (4 years) hardware warranty.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall
inure to the benefit of and be binding upon the City and the Vendor respectively
and their agents, representatives, employee, successors, assigns and legal
representatives. Neither the City nor the Vendor shal I have the right to assign,
transfer or sublet its interest or obligations hereunder without the written consent
of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom
Vendor or City may assign this Agreement in accordance with the specific
written permission, any right to claim damages or to bring any suit, action or
other proceeding against either the City or Vendor because of any breach hereof
or because of any of the terms, covenants, agreements or conditions herein
contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be
construed, or operate as, a waiver of any subsequent default of any of the terms,
coven~rnts or conditions herein contained, to be performed, kept and observed
by the other party.
8. Agreement Made in Colorado. The parties agree that this Agreement 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.
9. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs
and reasonable attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through
the mutual efforts of the parties hereto and the parties agree that no construction
shall be made or presumption shall arise for or against either party based on any
alleged unequal status of the parties in the negotiation, review or drafting of the
Agreement.
11.Certific:ation Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor
its principals is presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in any transaction
with a Federal or State department or agency. It further certifies that prior to
submitting its Bid that it did include this clause without modification in all lower
tier transactions, solicitations, proposals, contracts and subcontracts. In the
event that Vendor or any lower tier participant was unable to certify to the
statement, an explanation was attached to the Bid and was determined by the
City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of
Interest. Vendor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon an agreement or understanding
for a o~mmission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained
by the Vendor for the purpose of securing business.
Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
Vendor represents that no official, officer, employee or representative of the City
during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor,
contractor or subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover,
the value of anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13.Termination for Default or for Convenience of City. The sale contemplated by
this Agreement may be canceled by the City prior to acceptance by the City
whenever for any reason and in its sole discretion the City shall determine that
such cancellation is in its best interests and convenience.
14. Fund Availability. Financial obligations of the City payable after the current
fiscal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available. If this Agreement contemplates the
City utilizing state or federal funds to meet its obligations herein, this Agreement
shall be contingent upon the availability of those funds for payment pursuant to
the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $10,000.00 it shall not be deemed valid until it has been
approved by the City Council of the City of Aspen.
16.Non-Discrimination. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national
origin, ancestry, handicap, or religion shall be made in the employment of
persons to perform under this Agreement. Vendor agrees to meet all of the
requirements of City's municipal code, section 13-98, pertaining to
nondiscrimination in employment. Vendor further agrees to comply with the
letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended,
and other applicable state and federal laws respecting discrimination and unfair
employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or
incorporates any prior written and oral agreements of the parties. In addition,
vendor understands that no City official or employee, other than the Mayor and
City Council acting as a body at a council meeting, has authority to enter into an
Agreement or to modify the terms of the Agreement on behalf of the City. Any
such Agreement or modification to this Agreement must be in writing and be
executed by the parties hereto.
18.Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an
authorized representative of Vendor for the purposes of executing this
Agreement and that he/she has full and complete authority to enter into this
Agreement for the terms and conditions specified herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this
Agreement to be duly executed the day and year first herein written in three (3) copies, all
of which, to all intents and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
gy; l~/~
Cit Manager
ATTEST:
City Clerk
VENDOR:
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