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HomeMy WebLinkAboutresolution.council.084-14 RESOLUTION #84 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND THE PCS MOBILE AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for a parking enforcement license plate recognition system between the City of Aspen and PCS Mobile, a true and accurate copy of which is attached hereto as Exhibit «A». NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for a parking enforcement license plate recognition system between the City of Aspen and PCS Moblile, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the)Cit Council of the City of Aspen on the 14th day of July 2014. i Steven kadron, Mayor 1, Linda Manning, 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, July 14, 2014. n Linda Manning, ity Clerk The Ciry of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2014-079. AGREEMENT made as of 14''day of July, in the year 2014. BETWEEN the City: Contract Amount: The City of Aspen c/o 1' 130 South Galena Street Total: $88,929.00 Aspen,Colorado 81611 Phone: (970)920-5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Portable Computer Syst/" h em y s Inc. Council of the City of Aspen. , C/0 Se417 (�ruecKe ....._.._.............__............_...._...__..........._.. 1200 W Mississippi Avenue City Council Approval: Denver,CO 80223 V 1y 7 Phone: 888-836-7841 Date: Resolution No.: ni Summary Description of Items to be Purchased: Genetect Security Center base package, GSC AutoVU Standard Base package, AutoVU Shag Overtime, Mapping License, SMA base package, Panasonic'Towylibook Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, oi-materials to be purchased. The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 540 E. Main Street, Aspen, Colorado 8I611) [Delivery Address] 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. (Manufacturer's Warranty applies). 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 shall 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, covenants 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. Certification 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. (A)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 commission, 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. (B)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. (C)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. (D)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 using 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$25,000.00 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. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: 40erk By: City Manager VENDOR: PORTABLE COMPUTER SYSTEMS INC Sean Br�G.�C�`� By: Ao e►- Title Proposal: PROPOSAL-1151011 o b I 1 For City of Aspen Corporate Headquarters Print Date: 0510212014 10:28 AM 1200 W Mississippi Ave Proposal Valid Date: 0610112014 10:30 Denver,CO 80223 AM Phone: 888.836.7841 Email: sales(a)-pcsmobile.com Inside Sales Rep: Mandy Straight Email: mandys @pcsmobile.com Customer: Phone: 303-552-3957 City of Aspen Fax: 303-346-4274 130 S Galena Salesperson: Sean Bruecken Aspen, CO 81611 Email: seanb @pcsmobile.com Proposal Created By: Mandy Straight Proposal Customer Requested By F.O.B. Contract Origination I None Quan Line Item Number Description tity Genetec Security Center(GSC)Base Package- Version 5.2 which includes: 1 Directory,5 Security Desk client connections,Plan Manager Basic, Alarm Management,Advanced Reporting, System Partitioning,Zone Monitoring, 10 Modules 1 GSC-BASE-5.2 Support,Email Support, Macros Support(actual $0.00 1.00 $0.00 macros sold separately), Support for server virtualization,all supported languages.Must purchase a Synergis,Omnicast,or AutoVu base package to enable access control,video,or LPR content respectively. GSC AutoVu Standard Base Package.Works with Genetec Security Center(sold separately)SQL 2 GSC-AV-S 2008 Express Edition included. Full Microsoft SQL $995.00 1.00 $995.00 Server 2008 package not included.Camera connection NOT included 3 GSCPBPSYNCSINGL Interface for Pay by Plate system $1,000.00 1.00 $1,000.00 AutoVu SharpX OVERTIME Dual base KIT includes main processing unit, hard mount 4 AU-K-02X-850 brackets,wiring,Navigator Kit w/GPS,Tire $40,200.00 2.00 $80,400.00 Cameras,high resolution LPR units and in-vehicle license. 5 AUMOFFLINEMPANA Mapping License incl.North America-Per Vehicle $500.00 2.00 $1000.00 License 6 SMA-BASE-5Y SMA Base package 5 Years. [1 connections(s)x 5 $1,400.00 1.00 $1,400.00 years] Panasonic Toughbook CF19 Dual Mode Notebook.Complete Kit. Includes 3 year warranty 7 COMPUTING-PROD on the Laptop. Laptop, Mounting Hardware $5,300.00 2.00 $10,600.00 (VEHICLE MAKE AND MODEL MANDATORY AT TIME OF ORDER), Docking Station,Vehicle Power Adapter and Antenna. Installation of AutoVu on Mobile Computer 8 MOB-VEHINSTALL Assembly in each vehicle, installation of software, $2200.00 2.00 $4400.00 configuration and testing. INCLUDES TRAVEL AND EXPENSES. Service for existing server and Security Center 9 VID-CONSULT update to bring new Patrollers on line. (Not full $400.00 1.00 $400.00 Security Center deployment) 10 Ship Shipping $110.00 2.00 $220.00 11 Preferred Customer Discount ($11,486.00) Total $88,929.00 Optional Annual support for AutoVu includes two(2) preventative maintenance visits per year,remote and phone support, implementation of software Mobile Assurance for upgrades and verification of upgrade operation to AutoVu-1st Year coincide with preventative maintenance visits $800.00 1.00 $1600.00 (allowance for verification for two times per year). Additional field work can be requested at standard hourly rates.—2 Vehicles Additional one(1)year extended return and repair warranty for AU-K-OXX kit.Can be purchased for a maximum of four(4)additional years of AU-K-OXXEWRR-1Y warranty. Includes coverage of AutoVu vehicle $3,710.00 8.00 $29,680.00 hardware, Patroller software upgrades,and Bing license renewal.Coverage must be continuous from date of sale. Does not cover in-vehicle PC. 1-1 Year Return&Repair Hardware Warranty for cameras is included in purchase price.2.MS SQL SVR 2008 is not included but is required if more than 10GB retention is required.3.Allow 6-12 weeks delivery for cameras.4.In-vehicle PC is required to run Patroller software.5.Server is required to operate Security Center software.Server is not included in quote.6.Security Center license includes 5 users.