HomeMy WebLinkAboutresolution.council.038-11 RESOLUTION NO. 35
Series of 2011
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Berthod Motors,Inc. , AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a CONTRACT
between the City of Aspen, Colorado and Berthod Motors,Inc _ a copy of which contract is
annexed hereto and made a part thereof.
NOW, WHEREFORE, 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 CONTRACT between
the City of Aspen, Colorado, and Berthod Motors,Inc . 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: idee � , 2011
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 of the City of Aspen,
Colorado, at a meeting held
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.23 , 2011
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Kathryn S. Ko, ity Clerk
PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST
Instructions: This form should be completed at each step of the procurement process and should follow each request
for review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,000
require City Manager approval. They do not require competitive bids but require documentation of source selection
process. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is
required. Contracts over $25,000 require City Council approval.
ALL CONTRACTS
Procurement Description: Fleet replacement on 3 full size pickup trucks, 2 small pickups, 1 midsize UV and. 1 small SUV
for various city departments' Project #: , 0 '— t- d?
Budget estimate: $
Is proposed expenditure approved in the Department's budget? / X / Yes / / No
Explain process for vendor selection:
These will be purchased through competive bid process .
/ / / Dept. Head approval of proposal:
CONTRACTS OVER $2,000 AND UNDER $10,000
ContractorNendor Selected:
/ / / Dept. Head approval:
/ / / City Attomey review: / / / City Manager Approval:
Original signed contract documents to City Clerk, Department and to Vendor /Contractor
�y CONTRACTS OVER $10,000
`/ i} / /// RFP or ITB Completed: 4/ O / / / Eng. Dept. Review:
r/ Pt/ RFP or ITB Reviewed by City Attorney /�� �j� p� .- --_
yliJ/ //11 Advertisement vacif in 2°d Advertisement (Attach Advertisement)
C/ S / Bid Opening:
ContractorNendor S e l e c t e d : P k-k' r o Lo' a &. d A f P C-S /-v. -d T5. t? G
/ / / Dept. Head approval:
S'Ub/1t / Award letter sent: hi ....)
/ / / 3 signed contracts returned by vendor /contractor.
/ / Performance and Payment Bonds received
/ // Certificate of insurance received
/ / / Finance Department Review:
If Over $25,000, / / / Prepare cover memo and resolution for City Council Approval.
/ / / City Attorney Review. / / / City Manager Approval:
/ / / City Council Approval / / / Notice to Proceed
Original signed contract documents to City Clerk, Department and ContractorNendor
SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 2011 — 2FM -A&D
THIS AGREEMENT made and entered into, this 12 day of May of 2011, by and between
the City of Aspen, Colorado, hereinafter referred to as the "City" and Berthod Motors .
hereinafter referred to as the "Vendor."
WITNESSETH, that whereas the City wishes to purchase
One 2011 GMC regular cab 4x4 pickup with Boss "V" snow plow
One 2011 GMC regular cab 4x4 cab and chassis pickup with Boss "V" snow plow.
One 2011 GMC regular cab 4x4 cab and chassis.
One2011 GMC Acadia 4x4 midsized SUV.
Hereinafter called the UNIT(S), 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(S) as described
in the Contract Documents and more specifically in Vendor's Bid for the sum of _
Ninety six Thousand, Three Hundred Eighty Four and ninety cents dollars ($96,384.90 ).
2. Delivery. (FOB 1080 POWER PLANT RD. 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 Documents are hereby made a part of this
Agreement as if fully set out at length herein.
4. Warranties. A full description of all warranties associated with this purchase shall
accompany this contract document.
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 rights 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.
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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. 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 this 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 or former 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 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 thereof, except those that may have been disclosed at the time
City Council approved the execution of this Agreement.
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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
sub - contractor 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 cancelled 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 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
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 non-
discrimination 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
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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 in three (3) copies, all of which, to all intents
and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
By: JCL- 4Q9µ e
City Manager
ATTEST:
City erk
VENDOR: da7vo2 �o7 - Z:.€6
By: ge,
Title. E I/„i i dr
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