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HomeMy WebLinkAboutresolution.council.082-18 RESOLUTION #82 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND COLORADO TIME SYSTEMS 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 an Aquatic Score Board and Timing System between the City of Aspen and Colorado Time Systems 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 an Aquatic Score Board and Timing System between the City of Aspen and Colorado Time Systems 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 29th day of May 2018. / U Steven S dron, Mayor I, 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 May 29, 2018. A In J )MA "1 9.1 Linda Manning, City C erk ihe�pllhpep CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2018-50795. AGREEMENT made as of 141"day of April,in the year 2018. BETWEEN the City: Contract Amount: The City of Aspen c/o Aspen Recreation Center 130 South Galena Street Total: $39,000.00 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 825,000.00 R shall not be deemed valid Colorado Time Systems until it has been approved by the City c/o Rick Connell Council of the City of Aspen. 1551 East I la Street CRY Council Approval: Loveland, CO 80537 Phone: 800-279-0111 Date: May 14, 2018 Resolution No.: Summary Description of Items to be Purchased: Aquatic Score Board and Timing System 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. 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 ) Pe"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. Three-year limited warranty on timing, four-year warranty on video display pans. 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 perforated, 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. g, Agmement 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. Il. 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 acceptanceby 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. 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. 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: Attest: By: _ Aspen City Manager Linda Manning, City Clerk Date SUPPLIER: COLORADO TIME SYSTEMS BY: Ve e eraP er Title Date EXHIBIT A SUPPLY PROCUREMENT AGREEMENT FULL COLOR VIDEO DISPLAY gty Model Description I Y5CIOMM224X Full Color Indoor Video Display 224 Includes: Full matrix full color LED scoreboard with a computer controller with software,steel channel mounting hardware and data cables. Specifications • Video Capable Display • Display shall be a full color LED matrix display. Display shall be comprised of red,blue and green LED's to form pixels. • Display shall be capable of 281 trillion shades of color. • Display should be capable of 16-bit video processing.four levels of dimming capability and allow for Gamma correction. • Display brightness shall be adjustable up to 3500 nits. • The display shall have built in graphics and animation capability with Windows based software.Graphics and animation shall have the capacity of being displayed on the entire matrix. All MS Windows fonts shall be compatible with the display. • Display will allow for front service access • Each pixel shall be comprised of 3 LED's I RI GI B SMD • Display shall have IOmm pixel spacing center to center - • Must be compatible with CTS competitive timing system • Displays swimming,diving.water polo,pace clock.and synchronized swimming functions.competitors'names.full matrix graphics and animation•live video,and has advertising capabilities NOTE: Colorado Time System display is I Omm video capable display with 50,176 pixels. The display is 8'X 8'to match the existing structure that is on the wall which is reinforced enough to handle the weight. TIMING SYSTEM Model Description I SYS6 System 6 Sports Tintcr llurthrtrre: Multi-sport computer console,swim keyboard insert and swimming and diving software,backlit Rill-color 10.4"LCD display.USB drive for software upgrades:unlimited race storage,external mouse and keyboard port,back-up rechargeable system.and built-in start input. SnJhrnrc•: inuring and diving software included,stored lap&cumulative splits, display of lap and cumulative splits to matrix displays. 12 lane competitive timing,back-up timing(software only),unlimited-meet memory".relay judging software,and direct scoreboard use. I SYS6-WP Water Polo software with overlay for the System 6 1 SYS6-PC Pace Clock software with overlay for the System 6 ' I SYS6-SY Synchronized Swimming software with overlay for the System 6 1 R-5000-0321 System 5 or System 6 carrying case 6 LANE TOUCHPAD SYSTEM 9 yt Model Description 1 TP-SYS-6 Six-lane touchpad system for the CTS timing system Includes the primary 6 lam cable harness(CH41-6)(7)pushbuttons(PB-6), vacuum pump(VP-2),and touchpad meter(TPMD) START SYSTEM Qty Model Description I SS Champion series start system with wired microphone,volume control on each microphone input,external connections for additional strobe lights, LED battery indication light,AC/DC power capabilities and an external 3600 strobe.Tripod or table top options. I TR-3 Tripod for both the Champ and Infinity series start systems 1 SJ-25 25' foot jumper cable TOUCHPADS _ Qry Model Description ' 7 TP-78G Aquagrip gutterhung touchpads(78"x 22")US PATENT 5,702,799 7 4000.0040 Special size Touchpad brackets-Guiter diagramfineasuremems must be supplied upon order LIFT Qty Model . Description ' 1 LIFT Lift for installation of scoreboard EXISTING DISPLAY Qty Description 1 Removal and disposal of existing display INSTALLATI ONE rRAINING Qty Model Description 1 INSTALLITRA1NING Installation and Training Score Board and Timing System 534,000.00 Installation $ 1,800.00 Removal of old system S 1,600.00 Misc.Fees—Lift S 1,600.00 Disposal of old system Included Total 539,000.00 TERMS:Purchase order,net 30 days. DELIVERY:4 to 6 weeks after receipt of order;6 to 8 weeks on CDS displays.