Loading...
HomeMy WebLinkAboutresolution.council.014-01 RESOLUTION NO. 14 (SERIES OF 2001) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A SUPPLY PROCUREMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND MC CLINTOCK METAL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council a Supply Procurement Agreement between the City of Aspen, Colorado and McClintock Metal, a copy of which is annexed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that a Supply Procurement Agreement between the City of Aspen, Colorado, and McClintock Metal, regarding the purchase of wildlife proof trash containers, 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. Dated: ~6~ ~:~ ,2001. I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that reso, lnt~o__n adopted by the City Council of the Colorado, atameetingheld/~~Cy~/ c:>7~ ,2001. CityofAspen, Kathryn S. K~h~ City Clerk McClintock Metal Promises Kept Since 1966 455 Harter Avenue · Woodland. California 95776 · f530) 666-6007 · 800-350-3588 · FAX (530) 666-7071 Aspen Colorado Hyd-A-Ba§ Animal-Proof Trash Receptacle Proposal January 8, 2001 Hyd-A-Bag animal-proof trash receptacle: model H/A-PWC, 30 gallon capacity, animal - proof latches, locking service door, stainless steel latches, latch cover, hinges and bag rack, includes redwood siding, wood preservative applied, two-part polyurethane deep tone, custom color paint. Self adhesive "Trash Only" and the Chasing Arrow Recycling decal will be provided. Quantity Units Price Total 62 units $820 each $50,840 $110 each < 6,820> Discount Equipment Total: $44,020 Shipping: I flatbed load, 1 LTL partial $ 2,290 Total FOB Aspen, Colorado .$46,310 Lead time: 8-10 weeks ARO for the first 44 units and the balance at 10-12 weeks ARO. Warranty: Twelve months on materials (except ~vood) and 6 months labor. Wood siding is a natural product and therefore does not have the durability of steel. Six months warranty on wood siding with the exception of damage caused by snow removal equipment, mowers and the like. Siding must be protected from sharp objects and collisions during transport from the City warehouse to the installation site. Hinges, doors, latches and wood slats are field replaceable items. This quotation is valid for 60 days. Terms are '_,% i0, net 30 days. The McClintock Metal Family of Quality Products: mJ HlU~°~~ McClintock Metal Fabricators, Inc, Bear-Proof Outdoor Equipment Quality Custom Manufacturing Complete Trailered Concrete Systems email: mmfi@woodland.net SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this day of 2001 and between the City of Aspen, Colorado, hereinafter referred to as the "City" and McC1 i ntoc k Metal Hereinafter referred to as the "Vendor". WITNESSETH, that whereas the City wishes to purchase a62 Htl_purhereinafter called the UNIT(S) being more fully described and attached herewith as' Extiibit 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 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 sum of dollars ($46,310.00). Forty Six Thousand Three Hundred Ten aollers& NO/lO0 2. Delivery. (FOB 585 CEMETERY LANE. ASPEN, CO.) 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. (Add Warranty provisions here). 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure co 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 permtssion, 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 ofde£ault by either parry of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shail 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 a~d observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made ~n 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, Colorade. 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 srams of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment. Suspension, Ineligibility, and Voluntaty exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its pnncipals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded fi.om 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 secunng business. Vendor agrees not to give any employee of the City a gratuity or any offer of employment ~n 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 therefor. 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 thereofi 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 connngent 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 CirT. 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 AvailabilitT. 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 l~e 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 stares, 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 Antidiscrimmation 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 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 tn three (3) copies, all of which,, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: City Manager ATTEST: VENDOR: McCI infnr kq M~f~l Product Manager Title.