IL
e
b
MEMORANDUM
TO
Mayor and City Council
FROM
Bill Linn
THRU
Steve Barwick
DATE OF MEMO
Sept 2 2010
MEETING DATE
Sept 13 2010
RE
Police Patrol Room Remodel
REQUEST OF COUNCIL
This memo is a request for approval of purchasing contracts for furnishings lockers carpeting
and related equipment for the renovation of the Aspen Police Department patrol room which
was approved as an AMP project in 20
0 These contracts are for
1 Sandy
s Office Supply Furniture and acoustical panel partitions 29
770
2 Tiffin Metal Products
24 Lockers with integrated file drawers 28
855
PREVIOUS COUNCIL ACTION
2009 Council approved AMP project Patrol Room Retrofit for 2010 budget cycle
BACKGROUND
The Aspen Police Department and Pitkin County Sheriffs Office jointly use the patrol room area
of the Pitkin County Courthouse This area is in disrepair and the furnishings largely date to the
1980s There is no area designated for dressing undressing for work no area designated for
private interviews and no designated break area This results in opposite sex employees dressing
in plain view of each other the alternative is to dress in a public restroom members of the
public being interviewed in a less than optimal setting and other unprofessional results
The Aspen Police Department is planning to purchase and replace furniture for the entire main
patrol room area including carpeting modular walls desks tables and cabinets Locker dressing
rooms and interview rooms are also being builtin using acoustic panel partitions
DISCUSSION
The City of Aspen Facilities Master Plan shows that the space available per police employee 88
square feet is well below the national average benchmark of 318 sf Given this very limited
space it is crucial that the space be used as effectively as possible The plan being implemented
has been under consideration since the late 1990s but has not reached fruition until now
Page 1 of 2
FINANCIALBUDGET IMPACTS
The project was budgeted at 110
000 The contracts under consideration today amount to about
60 With additional spending we anticipate this project coming in at least 25 percent under
000
budget Sandy
s Office Supply bid is under a GSA contract which does not require a competitive
bid
The locker contract was bid out with low bid being provided by the Debourgh Locker Company
at 26
349 versus 28
855 However we selected the higher bid based on two factors The
Tiffin lockers open with two doors lowering the impact on the very narrow and small locker
area The Debourgh lockers have a single two foot long door which creates a need to anchor the
lockers to the wall which is impossible with our installation as there is no wall to anchor to on
one side of the locker area Additionally the quality of features provided in the Tiffin lockers
provides a much better product
ENVIRONMENTAL IMPACTS
We are recycling as much of the old furniture as possible Much of it will be used by the Basalt
Police Department to outfit their new headquarters The remaining desks are being donated to a
local charity One dilapidated desk and a few of the desk overhead hutches will be thrown away
Two new electrical fixtures are high efficiency replacements
RECOMMENDED ACTION Police Department staff recommends the adoption of this item
on the consent agenda
ALTERNATIVES
Make no change leaving the area asis
r
MANAGER
U
ATTACHMENTS
Procurement Contract for Sandy
s Office Supply
Procurement Contract for Tiffin Metal Products
Page 2 of 2
First design
as charges save now
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RESOLUTION
7S
Series of 20 10
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN COLORADO AND SANDY
S OFFICE SUPPLY 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 Sandy
s Office Supply 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 Sandy
s Office Supply regarding the
purchase of office furniture 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
Michael C Ireland 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 ofthe City of Aspen Colorado at a meeting held insert date here
Kathryn S Koch City Clerk
2010
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SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT made and entered into this 7th day of September 2010
between the City of Aspen Colorado herein after referred to as the City and Sandy
s
Office Supply hereinafter referred to as the Vendor
WITNESSEfH that whereas the City wishes to purchase office furnishings
hereinafter called the UNIT
S being more fully described and attached herewith 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
Sas
described in the Contract Document and more specifically in Vendors Bid for
the sum of Twenty nine thousand seven hundred and seventy dollars
770
29
2 Delivent Via standard carrier to Aspen Police Dept 508 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 9 fully set out at length herein
4
arranties Standard Sandy
sOffice Supply warranty terms
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
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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 Attorneys 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
sfees
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 4uspenswn menaioum
aria vo
uncdiy
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
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 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
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
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Vendor represents that no offfelal 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
2
Cancel this Purchase Agreementwrttrout any liability by the City
Debar or suspend the offending parties from being a vendor
3
contractor or subcontractor under City contracts
Deduct from the contract price or consideration or otherwise
1
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 CEN 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
00 it shall not be deemed valid until it has
000
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 1398 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
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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
Authorized Representative The undersigned representative of Vendor as an
18
inducement to the City to execute this Agreement represents that he
she is
an authorized representative of Vender 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
By
City Manager
ATTEST
City Clerk
VENDOR
y
v
SG
QNv
1
By
ACVtf
Servior Sc es K4 e
NT2
Title
j0hn uMlyyruc
6
a9T
04
City of Aspen Police
Furniture Options
2Sep10
Teknlon Syste
Leverage Panels
Product
Accoustical P
anels
Color
tbd
Privacy Screens
Laminate Doors
Your Price
List Price
0
662
19
27
00
500
108
2
00
00
5
1
07
283
2
00
208
3
00
Tables Ste WCasters 2
58
1
00
2
1
89
206
1
00
Tables Laminate
429
4
00
166
3
00
00
1
1
12
240
1
00
00
867
Lockers
Caf6 Seating 2
84 x84 Ceiling Projection Screen
4x 8 Ma netic White Boards 2
MATERIAL TOTAL
E
803
1
00
Trim
Connectors
00
886
A
N
00
225
00
153
A
N
00
778
00
556
85
5
31
00
00
983
43
Freight
277
5
00
Fwaived
stallation
In
125
4
00
Waived
00
450
Waived
Design Services
ROJECT TO
P
00
835
53
1
85
5
31
00
RESOLUTION 7 G
Series of 20 10
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN COLORADO AND TIFFIN METAL PRODUCTS 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 Tiffin Metal Products 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 Tiffin Metal Products regarding the
purchase of police equipment lockers 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
Michael C Ireland 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 ofthe City of Aspen Colorado at a meeting held insert date here
Kathryn S Koch City Clerk
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT made and entered into this 7th day of September 2010
between the City ofAspen Colorado herein after referred to as the City and Tiffin
Metal Products hereinafter referred to as the Vendor
WITNESSETH that whereas the City wishes to purchase police lockers
hereinafter called the UNIT
S being more fully described and attached herewith 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 specked 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
sBid for
the sum of twenty eight thousand eight hundred fifty five dollars 28
855
2 Delivery 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 Standard Tiffin Metal Products warranty terms
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
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
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 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
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
2
Cancel this Purchase Agreement without any liability by the City
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
Tennination for Default or for Convenience of City The sale contemplated by
13
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
00 it shall not be deemed valid until it has
000
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 1398 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
Authorized Representative The undersigned representative of Vendor as an
18
inducement to the City to execute this Agreement represents that heshe is
an authorized representative of Vendor for the purposes of executing this
Agreement and that heshe 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
M
City Manager
ATTEST
City Clerk
Title
yohn
G
supplyyrm
agr
Page 1 of 2
Print Price Quotation
Tiffin Metal Products Co
T mflIN
450 Wall Street Tiffin Ohio 44883
Tel 419447 8414 Fax 419447 8512
Sales 800 5370983
Tax ID
METAL
341 302396
RODUCTS
ASPEN POLICE DEPARTMENT
Quote Date 07
10
30
Print Date 07
10
30
506 EAST MAIN ST 102
Reference ASPEN PD
To
ASPEN CO 81611
Attn BILL LINN
Tel 970 2744103
Price Quotation CQ011072
Item
1
Part Description
Part Number
AIRFLOW LOCKER 24X24DX72
AFM24P
Draft
Quantity Unit Price
Extended Price
00 EA
24
00
570
00
680
13
00 EA
24
00
335
040
8
00
00 EA
3
00
135
00
405
00 EA
3
00
135
00
405
00 EA
1
325
6
00
SLAM LATCH PAINTED STEEL
2
AFDM243618
AIRFLOW BASEDRAWER
24Wx36Dxl8H MECH LOCK
3
EPM2490L1836
END TRIM PANEL L LEFT HAND
HEMMED EDGE WITH PEMS
4
EPM2490R1836
END TRIM PANEL L RIGHT HAND
HEMMED EDGE WITH PEMS
5
FRTSENTINEL
FREIGHT TO CUSTOMER
325
6
00
ESTIMATED
Note Any surcharge in effect at
time of shipment will be
applied Freight estimate does not
include lift gateinside delivery
charges
Total Price
Expir Date 09
10
28
Tax
Your RFQ ASPEN PD
Sales Rep TONYA BREIDENBACH
rornipimKnr
TOTAL
rnmoae
00
855
28
00
0
00
855
28
IMPORTANT Prior to Tiffin Metal Products Co TMP accepting an
order the following documentation must be completed and or
submitted with the purchase order
1 TMP credit application with references
2 Copy of surety bond public projects only
3 Joint check agreement when applicable
LEAD TIME 610 weeks after an order is released to production
WHICH REQUIRES THE FOLLOWING NO DEVIATIONS
1 Signed approvalsubmittal drawings
2 Color selection in writing
3 Delivery requirements in writing place
date
4 Credit terms must be established
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