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HomeMy WebLinkAboutresolution.council.052-10RESOLUTION # J~Z (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND LEWAN A~1D ASSOCIATES SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF STORAGE AREA NETWORK ARRAYS 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 Lewan and Associates the, 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 Lewan and Associates regarding the purchase of Storage Area Network Arrays 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: ~-~' c,~ ~ ~, ~/(~ Michael C. Irel d, 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 of the City of Aspen, Colorado, at a meeting held, July 26, 2010. ~/~~ -~ Kat n S. Koch, City Clerk the 0hr M Wen CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 SUPPLY PROCUREMENT City of Aspen Project No.: 2010-052. AGREEMENT made as of 14°i day of July, in the year 2010. BETWEEN the City: The City of Aspen c/o IT Department 130 South Galena Street Aspen, Colorado 8161 I Phone: (970)920-5055 And the Vendor: Lewan and Associates c/o Greg Ask 2900 Center Green Court, E Boulder, CO 80301 Phone: 3og, Sef(. 285 Contract Amount: Total: $58,722.00 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. CiN Council Aooroval: Date: Resolution No.: ~~ - ~~UtO Summary Description of Items to be Purchased: Storage Area Network Arrays -part of Virtualized Server ProjecC 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 item s 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 130 S. Galena Street, Aspen. CO 8161 I .) [Delivery Address] 3. Contract Documents. This Agreement shall inc lude all Co ntract Documents as the same are listed in the Invitation to Bid and sa id 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 Assi¢ns. 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 as sign, transfer or sublet its in terest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreem ent does not and sha 11 no t be deem ed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City m ay assign this Agreem ent in accordan ce with the sp ecific written perm fission, 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 o f any of the term s, covenants, ag reements or conditions herein contained. 7. Waivers. No waiver of default by either pa rty of any of the term s, covenants or conditions hereof to be perform ed, kept and observed by the othe r 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 partie s agree that this Agreem ent was m ade 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 th e event tha t lega 1 ac tion is ne cessary to enf orce any of th e provisions of this Agreem ent, the prevailing part y shall be entitled to its costs and reasonab le attorney's fees. 10. Waiver of Presumption. This Agreem ent was negotiated and reviewed through the mutual efforts of the parties he reto and the par ties agree that no construction shall be m ade or presumption shall arise for or against eith er party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. ] 1. Certification Re¢arding, Debarm ent, Su spension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreem ent, that neither it nor its principals is presently debarred, suspended, proposed for deba anent, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or St ate 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, propos als, contracts and su bcontracts. In the even t that Vendor or any lower tier participant was unab le to certify to the st atement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Continent 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 agreem eat or understanding for a comm fission, percentage, brokerage, or coat ingent fee, excep ting bona fide em ployees or bona fide established commercial or selling agencies m aintained by the Vendor for the purpose of securing business. (B) Vendor agrees not to give any em ployee of the City a gratuity or any offe r of employment in connection with any deci sion, approval, disapproval, recommendation, preparation of any part of a program require meat or a purchase request, influencing the content of any specification or procurem eat standard, rendering a deice, investigation, auditing, or in any oth er advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular m atter, 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, director indirect, in this Agreement o r th e p roceeds thereof, except those that m ay 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 contem plated 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 of ter the c urrent fisca I year are contingent upon funds for that pu rpose being appropriated, budgeted and otherwise made available. If th is Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreem ent shall be con tingent upon the availabili ty of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval . If this Agreem ent requires the City to pay an am ount 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 discrim ination because of race, color, creed, sex, m arital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be m ade in the employm ent of persons to perform under this Agreem ent. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to nondiscrimination in em ployment. Vendor furthe r agrees to com ply w ith 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. Inteeration and Modification .This written Agreem ent along with all Contract Documents shall constitute the contract b etween the parties and supersedes or incorporates any prior written and oral agreem ents of the parties . In additio n, vendor understand s 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 Agreem ent or to m odify the term s of the Agreem ent on behalf of the City. Any such Agreem ent or m odification to this Agree ment 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 Agreem ent, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreem ent and that he/she has full and com plete authority to enter into this Ag reement for the term sand conditions specifie d herein. IN WITNESS WHEREOF, The City and the V endor, respectively have caused this Agreem ent to be duly executed the day and year f first herein written in three (3) cop ies, all of which, to all intents and purposes, shall be considered as the original. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATT T: ity Clerk VENDOR: By: '-~- ` ~~~ ity Manager f ~w~~ r 1¢SSOG~~CS~ Styli By: ~~ ~~ ~GGowh~ ~(a,v~ae)P.,/~ t Title ~ /~ Exhibi+ "~" ' Lewan & Assotiatea ' ' ~ I !I" ~ • • ~ I ' ~ ! .. 2900 CENTER GREEN Ci, E ~ I ` ~ i i a..... BOULDER, Colorado 80301 Data Patplratlon United States Jul 12, 2010 11:43 AM ~ Date ' T _ -- ! http://www.lewan.com MDT AUg 11, 2010 ~ ^^ i U l i / Doc x L V , y y 48568 -rev 1 of 1 .. s :: n r, c :, r .• ~.? _. Description.._. n ;; r EqualLog¢ storage Vmware project i r ''' SaleeRep -_.. _.. I~yt x Ask, Greg (P) 303-541-2855 (F) I. . 303-447-09122 '~ ' Customer Contact _.._. .. ~. None Customer BiII TO ship TO ~~ City of Aspen (CO3623) City of Aspen Qty of Aspen 130 5 Galena 5t Glaser, Rich Gaser, Rich Asp en, Colorado 81611 13 0 5 Galena St 13 0 5 Galena 5t (P)970-429-1750 pp 17501611 P 97U 429 p 970-429re~p1631 P ( ) . ( ) Customer PO: Terms: Shipp Via: None Unknown FedEx Ground Npedal Instructions: _ Carrier Account Y: ~- ----m~- ~~- v None r s 1 Equa Logic PS w year NBD upport E 2 0 § 11. Subtotal: §58,622.00 Shipping: §100.00 Total: ;58,722.D0 This Quote is valid for 30 days unless otherwise stated. Please contact a Lewan & Associates' Sales Representative for qquestons or charrxg~es. Thank You for the opportunity to be of service) * DENVER* FORT COLL[NS* COLORADO SPRINGS* BOULDER* SILVERTHORNE* CHEYENNE* GLENWOOD SPRINGS* PUEBLO Prices indicated mayhot indudeappllcable sales taxes, insurance shipping, delivery or setup fees; actual charges will be calculated on your invoice. Orders are fulRlled In the order in which they are recelvea; supply subject to avallabllity. Without an RA (Return Authorization) number, products may not be returned. Returnetl produtt may be wbject to a restocking charge. Please contact our Returns Department at 303-759-1545, extension 2296, far questions or to initiate a return.