HomeMy WebLinkAboutresolution.council.170-23RESOLUTION # 170
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORA.DO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND VINTAGE KING AUDIO AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF FHE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
purchase and delivery of an AVID audio console, the hardware used in theatrical
sound design and control, between the City of Aspen and Vintage King Audio, 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
the purchase and delivery of an AVID audio console between the City of Aspen
and Vintage Audio King 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 City Council of the City of
Aspen on the 14" day of November 2023.
Torre, Mayor
I, Nicole Henning, 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 November 14th, 2023.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
Clfi� t� R�
City of Aspen Project No.: 2023-317
AGREEMENT made as of 23rd day of October, in the year 2023.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Vendor:
Vintage King Audio
c/o Greg Fraser
2032 Heide Drive
Troy, MI 48084
213-224-6709
Gre .frg aser(awintageking com
Summary Description of Items to be Purchased:
Contract Amount:
Total: $85,622.03
If this Agreement requires the City to pay
an amount of money in excess of
MOM it shall not be deemed valid
untiI it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Wheeler Opera House's On-stage Audio Monitor Console for a new Avid S6L-24D Audi
'onsole Package
Exhibits appended and made a part of this Agreement:
Exhibit A: List of supplies, equipment, or materials to be purchased.
The City and Vendor agree as set forth below.
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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 320 E Hyman Avenue 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.
Additional one year warranty on
4. Warranties, all products upon expi ration of
the manufacturer's 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 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. AttorneX'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.
ll. 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
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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 Contin5ent 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
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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 A1121 oval. If this Agreement requires the City to pay an amount of
money in excess of $50,000.00 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.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) 'Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment -related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
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.
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19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
DocuSign Envelope ID: 186B18A5-4780-4690-956D-896F3A037D91
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein, of which, to all intents and purposes, shall be
considered as the original.
FOR THE CITY OF ASPEN:
DocuSigned by:
,
By
�J l SaY'a Gl9
• `_e)DAQ0141:1940)ra
City Manager
11/16/2023 � 11:19:16 AM PST
Date
Approved as to form:
DocuSigned by:
432FOA40A55C4BD...
City Attorney's Office
SUPPLIER:
DocuSlgned by:
(,�,vis �olafGo
Chris
By:
Bolitho
Sales Director
Title
10/25/2023 � 5:17:38 PM MDT
Date
Vintage King Audio
2032 Heide Dr.
Troy MI 48084
United States
Quote
#312028
8/24/2023
Bill To Ship To
City of Aspen - Wheeler Opera House
130 South Galena Street
Aspen CO 81611
United States
City of Aspen - Wheeler Opera House
130 South Galena Street
Aspen CO 81611
United States
Sales Rep Sales Rep E-mail Sales Rep Phone #Terms
VK Academic edu@vintageking.com (213) 224-6709 Pre-pay
Customer PO #Shipping Method
Shipping to be determined
Qty Item Unit Price Amount
1 Avid VENUE | S6L-24D Control Surface with 3 year AAE support
Includes 24 + 2 faders, 64 assignable knobs, 1 integrated Master Touchscreen, 2
integrated Channel Touch Modules, with redundant PSUs. **SPECIAL ORDER**
$38,250.00 $38,250.00
1 Avid SRO-192 Analog Output Card for S6L
Avid SRO-192 Analog Output Card for S6L**SPECIAL ORDER ITEM**
$960.00 $960.00
1 Avid SRI Analog Input Card
Avid SSRI-192 Analog Input Card
**SPECIAL ORDER ITEM**
$1,676.00 $1,676.00
1 Avid MADI-192 Option Card for VENUE | S6L
Provides 64 channels of bi-directional MADI @ 96kHz over BNC connectors **SPECIAL
ORDER**
$1,910.00 $1,910.00
1 Avid WSG-HD Waves SoundGrid Option Card
Network interface between the E6L engine and Waves SoundGrid servers (requires
VENUE 5.7 - coming soon). **SPECIAL ORDER**
$1,665.00 $1,665.00
1 Avid VENUE | E6L-192 Engine with 3 year AAE Support
5U rack mounted engine w/ 192 input channels, 96 mix busses + LCR, 96 kHz, with
redundant PSUs. **SPECIAL ORDER**
$30,550.00 $30,550.00
4 View Sonic TD2455 Touch Screen Display
24IN IPS PROJECTIVE CAP TOUCH MNTR 1920X1080 1000:1 TD2455 USB HDMI D
Country of Origin: CN
***SPECIAL ORDER ITEM***
$365.00 $1,460.00
DocuSign Envelope ID: D066C6D8-BBFC-4886-A521-2EA62C450846
Exhibit A
Qty Item Unit Price Amount
Jan - Al ATA Case for Avid S6L-24C
ATA Case for Avid S6L-24C, 1/2" Ply Foam, Doghouse, 4- Colson 3.5 Casters; 1U Rack, 1
Monitor Devided Box, Arm Mount, Choice of inside dimensions 47.5X43.5X21, Ergotron
Arm
***SPECIAL ORDER ITEM***
$3,315.00 $0.00
1 Waves SoundGrid Extreme Server
Waves compatible SoundGrid Server 2U Rack Mount + License.
**SPECIAL ORDER ITEM**
$1,751.03 $1,751.03
1 ProX Avid Venue S6L-24CH Flip-Ready Hydraulic Console Easy Retracting Lifting
2x 2U Rack Space Detachable Case by ZCASE
ProX Avid Venue S6L-24CH Flip-Ready Hydraulic Console Easy Retracting Lifting 2x 2U
Rack Space Detachable Case by ZCASE
***SPECIAL ORDER ITEM***
$7,400.00 $7,400.00
SPECIAL ORDER ITEMS
** THIS ORDER CONTAINS SPECIAL ORDER ITEMS THAT ARE NON-REFUNDABLE **
Why shop VK?
- Free Extended Warranty On All New Gear
- Lifetime Customer Support
- Efficient and Friendly Customer Service
Subtotal $85,622.03
Shipping TBD
Tax $0.00
Total $85,622.03
Reach out to us for financing options as low as $1,868.00 per month!
Wire transfer is the preferred method of payment for transactions over $10,000.
Our wire branch is Bank of America Merrill Lynch at 222 Broadway New York, NY 10038.
Our account # is 375012293064, our ACH routing # is 072000805 and our wire routing # is 026009593.
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PAYMENT TERMS: This order is subject to 1.5% interest charge per month if not paid within terms.
TRACKING INFORMATION: will be provided if available. Items shipping from another location or direct from the manufacturer may delay shipping and tracking information. Please allow one business day
for the carrier to update tracking information. Certain items may be back ordered and shipped at a later date, shipped in another package, or shipped separately from the manufacturer. You will receive
additional email confirmation(s) when remaining items have shipped and notified in the event of delay. **Returns Reminder** Refund or store credit for returns within 30 days. No returns after 30 days.
Please review our full return policy at: http://www.vintageking.com/easy-return SIGNATURE REQUIRED: We require a direct signature when delivered. Please make certain someone is available to
receive your package. Any packages that require rerouting will be charged $10.00. CANCELLATION POLICY: We will accept cancellation of your order for items that have not shipped. Used and vintage
items are subject to a 10% processing fee if cancelled prior to taking delivery. RETURN POLICY: Vintage King has a 30 day return policy. Special order items are not eligible for refund. You must obtain an
RA number before the 30 day period expires. Returns within 30 days are eligible for refund or store credit and no returns are issued after 30 days. Restocking fees may apply. If you received Free
Shipping on your order, the value of the uncharged shipping cost will be deducted from your refund or credit. NON-REFUNDABLE ITEMS: The following items are non-refundable: Special orders,
software, computers, hard drives, tape, over-size or over-weight items, personal items. There are no refunds on any items that have been tampered with, have signs of wear or use, are without original
carton and must include all original accessories and documentation. PRICING: Prices shown are eligible for 72 hours at which time are subject to change. Alterations to this quote/order can change
pricing at any time. Changes in MSRP may alter the price of your order. DEPOSITS: If a deposit is made towards a purchase, full payment will be required within 21 days. If full payment is not received
within 21 days, we cannot guarantee item availability. LIMITATION OF LIABILITY: Most products will carry Vintage King's limited warranty that such products are free from defects in material and
workmanship and will conform to published specifications, provided the products are used according to such specifications. Vintage King disclaims all warranties, express or implied, written or oral,
including the implied warranties of merchantability and fitness for a particular purpose. In some cases, items are sold without warranty. Those items will be posted as such. In no event shall Vintage King
be liable to the buyer for any indirect, incidental, consequential, special and/or exemplary damages in connection with the products sold to the buyer, regardless of whether such damages arise out of the
negligence or other fault of Vintage King and regardless of whether such damages are based on tort, contract, strict liability or any other cause of action and whether such damage resulted from: (1)
reliance on the materials presented; (2) loss of use, data or profits; (3) delays or business interruptions; (4) any theory of liability arising out of or in connection with the use or performance of information
whether or not Vintage King has been advised of the possibility of such damages. In the event of any claim by you, Vintage King shall be limited to replacement of the products that are the subject of such
claim, or, if circumstances would cause this remedy to fail of its essential purpose, refund of the cost of such products to the buyer, in either event upon return of any such products. By purchasing
products from Vintage King, the buyer acknowledges that replacement or refund are the buyer's sole and exclusive remedies. The documentation and/or related graphics published by Vintage King could
include technical inaccuracies, obsolete issues or typographical errors. Vintage King assumes no responsibility for errors or omissions in the information or other documents which are referenced by or
linked to its website. This Agreement has been executed and delivered in the State of Michigan and shall be governed by and construed and enforced in accordance with the laws of Michigan. Vintage
King Audio reserves the right to change our terms and conditions without written or expressed notice. For a complete list of terms: http://vintageking.com/site/files/terms.html
DocuSign Envelope ID: D066C6D8-BBFC-4886-A521-2EA62C450846