Loading...
HomeMy WebLinkAboutresolution.council.045-11 RESOLUTION #5 (Series of 2011) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND GLENWOOD SPRINGS FORD SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF TWO FLEET VEHICLES 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 Glenwood Springs Ford, 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 Glenwood Springs Ford regarding the purchase of two fleet vehicles 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: 9 /.4_9 7 te, —77,0 Mi. ael C. I • and, 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 11, 2011. f athryn S. Koch, City 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 for the Police department CSO Pickups. The CSO office of the Police Department currently has 4 small Chevrolet pickups, with 2 set for replacement this year. Staff would like to replacement them with Ford Escape Hybrids Project #: _ 2011 - 048 Budget estimate: $50.000.00 Is proposed expenditure approved in the Department's budget? / X / Yes / / No Explain process for vendor selection: This will be be purchased through sole source, from Glenwood Springs Ford. We will be purchasing 2 Ford Escape Hybrid vehicles to replace the 2 small CSO pickups. The current pickups get approximately 9 mpg, and the Escape is rated 30 mpg hwy /27 mpg in town driving. The Ford Escape is the only small 4x4 hybrid SUV on the market. The City currently has 6 of these in the fleet and all have been purchased from Glenwood Springs Ford. Staff has been happy with the performance and reliability on the Escapes, along with the support that we have received from Glenwood Ford.. S . ` , ould like to remain with this vehicle and support that we receive from our local dealer. Toyota has the larger sized • _ a • but s .ff doesn't need the larger vehicle and the price on the Ford is approximately Q tely $10,000 less. ! ' n 7 / 1 /tt ft Dept. Head approval of proposal: \ - c P(Z'to CONTRACTS OVER $2,000 AND UNDER $10,000 ContractorNendor Selected: / / / Dept. Head approval: / / / City Attorney review: / / / City Manager Approval: Original signed contract documents to City Clerk, Department and to Vendor /Contractor CONTRACTS OVER $10,000 / / / RFP or ITB Completed: / / / Eng. Dept. Review: / / / RFP or ITB Reviewed by City Attorney: / / / 1 Advertisement / / / 2 Advertisement (Attach Advertisement) / / / Bid Opening: ContractorNendor Selected: Glenwood S rin_s Ford / / / Dept. Head approval: / / / Award letter sent: / / / 3 signed contracts returned by vendor /contractor. 1 / Performance and Payment Bonds received 1/// Certificate of insurance received / / / Finance Department Review: If Over $25,000, / / / Prepare cover memo and resolution for City Council Approval. /S/ tI/ City Attorney Review. 4- �7 / / City Manager Approval: / / / City Council Approval / / / Notice to Proceed Original signed contract documents to City Clerk, Department and ContractorNendor SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2011 — 5FM THIS AGREEMENT made and entered into, this 9th day of June of 2011, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Glenwood Springs Ford - Lincoln, INC. . hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase, Two (2) 2012 Ford Escape Hybrid 4x4 small SUV vehicles Hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of _ Fifty Two Thousand, One Hundred Sixty Eight and no cents dollars ($ 52,168.00 ). 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. 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. 7- PURCH.DOC I 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. 7- PURCH.DOC 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 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. 7- PURCH.DOC 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: 59C / _ City Manager ATTEST: . ____ st / / City CI VENDOR: 6 /',-7wnoo/ AC," By: Title. i /f151 7 7- PURCH.DOC • 2011- Jun -09 04 09 PM Glenwood Springs Ford Lincoln 970- 945 -0469 2 / 2 Glenwood Springs 76619 h MOTOR VEHICLE PURCHASE ORDER GLENWOOD SPRINGS FORD - LINCOLN, INC. 55 Storm King Road P.O. Box 666 Phone (970) 945 -2917 Glenwood Springs, Colorado 81601 IN COLORADO 1400. 254-0085 (Next to the West Glenwood Mall) SALESMAN SRUf x K .r R DATE 6/9/2011 PURCHASER'S NAME Delivered Price 3 City of Agppn Address Hm. In (170)120.3131 Aoosaaorlee 1 :1 -. . - _. .• Qty. Stele, County a Zip Driver's License ASPR2L, rn R1C11 MOTOR VEHICLE DESCRIPTION I D-O-B- Mileage ,, N� Year 20/ I "d.. fl Crapes !"(/ ■ RIM Odor , I.D. No. SIPS Nt rte/ S. / 70 . ARBITRATION INSURANCE PURCHASER AGREES THAT IN UEU OF ANY LAWSUIT, THIS CONTRACT DOES NOT PROVIDE FOR AU. DISPUTES ASSERTED BYTHE PURCHASER ARIB• AUTOMOBILE LIABILITY INSURANCE AND ING FROM THE SALE OR FINANCING OFTHE VaIICLE. PURCHASER STATES THAT HEISHE HAS IN BASED ON STATUTE, CONTRACTOR TORT, WITHOUT EFFECT AN AUTOMOBILE LIABILITY POU- UMITATION ,SHALL BE FULLY AND FINALLY RESOLVED CY AB DEFINED IN SECTION 42- 7- 103(2), BY ARBITRATION BEFORE A SINGLE ARBITRATOR COLORADO REVISED STATUES, 197742 APPOINTED BY THE BETTER BUSINESS BUREAU IN ON THE MOTOR VEHICLE BOLD BY THIS AOODRDANCE WITH THE BINDING ARBITRATION CO NTRACT, RULES OF THE BETTER BUSINESS BUREAU. ARBI- TRATION SHALL BE PURCHASER'S SOLE AND EXCLU• REMARKS SIVE METHOD OF DISPUTE RESOLUTION. DEALER SHALL MY THE COST OF THE ARBITRATION NOT INCLUDING PURCHASER'S ATTORNEY FEES. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRA• DELIVERY & HANDLING' - " i 'r TION OR UNSUCCESSFULLY CHALLENGESTHE ARBI- TRATOR'S AWARD, OR FAILS TO COMPLY WITH THE TOTAL PRICE ARBITRATOR'S AWARD, THE OTHER PARTY IB ENTI• ALED M COSTS OF SUIT, INCLUDING REASONABLE ",y �,�jus ATTORNEYS' PEES FOR HAVING 111 COMPEL ARBI• LLLi.11l L1.�.Lu.uuaLlr TWAION OR DEFEND OR ENFORCE THE AWARD. PURCHASER UNCONDITIONALLY WAIVES THE Taxable Sale Price Y6009 "' RIGHT TO LmoATE ALL CLAIMS IN COURT, INCLUD INGTHERIGHTTO ,ORTO PARTICIPATE Saba 1§x 0 , r , AS A MEMBER OR REPRESENTATIVE OF ANY CLASS IN ANY CLASS AC71011, INCLUDING CLASS TOTAL ZCOA9 ARBITRATION. `DELIVERY AND HANDLING Balance Owing On 4ade -In 1Fade -In REPRESENTS COSTS AND n H ADDITIONAL PROFIT TO THE TO: Make Year SELLER/DEALER. 11/1. N/ Time/ Mlles Model ALL USED CARS SOLD "AS IS" OR ESA "WITH ALL FAULTS" UNLESS r 7 Ilea H/ 5 10 MAIM; I.D. NO. SEPARATE AGREEMENT 16 FURN- H/ 121037121122745941 !SHED TO BUYER. moons to Cash Prlaa TDe Locetbn I The No. - ma Information you see on the window 70rm Mileage for this vehicle Is part of thle contract Inky- GAP matlon on the window tom moulders any H/ contra • minions In the contract. LIEN FEE x/ CAUTION: THIS AGREEMENT CONSISTS OFTWO PAGES. SEE REVERSE SIDE FOR ADDMONALTERMS AND CONDITIONS. PURCHASER(8) HEREBY ACKNOWLEDGE RECEIPT OF A COPY OP THIS TOTAL CASH PRICE Q6009.0 r AGREEMENT. DASH SErTLamwr THIS AGREEMENT SHALL NOT BECOME BINDING UNTIL ACCEPTED BY 1. Depoeh Receipt No.. - p/ DEALER OR HIS AUTHORIZED REPRESENTATIVE. 2. Rebate - N/ PURCHASER'S SIGNATURE DATE wO /7n11 3. Cash on Delivery - 1 PURCHASER'S SIGNATURE ��� DATE Talal Items 1, 2 and 3 - �// DATE E/ 9 /2011 N/ ACCEPTED BY DEALER S /i/ Remaining C M Balance Due 26084 00 TheAnSY ..0 Reyna% C."pary comma owe 2011- Jun -09 04 09 PM Glenwood Springs Ford Lincoln 970 - 945 -0469 1/2 Glenwood Springs 76620 0 b f- r,.1•,1 II 4-VI MOTOR VEHICLE PURCHASE ORDER GLENWOOD SPRINGS FORD - LINCOLN, INC. na (970) 945-2317 65 Storm King Road P.O. Box 668 Glenwood Springs, Colorado 81601 IN COLORADO 1 500-28440065 (Next to the West Owlwood Mali) 6/9/2011 SALESMAN BRUCE KLEIN DATE PURCHASER'S NAME DelNeredPICO 30484.00 City Of Aspen Address V Hm (270)x0 -1171 Accessories 1080 Power Plant Rd Driver. License ow, Stale. County A Zip ASPEN. CO 81611 ��qp0e� MOTOR VEHICLE DESCRIPTION 1 D.O.B. Lampe Used Exec. Year V /a `t . I Make/ enc Model le .1. A// min c 5 1 1 I I.D. No. 786. 19laKN0 ln .y. ARBITRATION INSURANCE PURCHASER AGREESTHAT IN UEU OF ANY LAWSUIT, THIS CONTRACT' DOES NOT PROVIDE FOR AU. DISPUTES ASSERTED BY THE PURCHASER ARIS- AUTOMOBILE LIABILITY INSURANCE, AND ING FROM THE SALE OR FINANCING OTTER VEHICLE PURCHASER STATES THAT HE/SHE HAS IN BASED ON STATUTE, CONTRACTOR TORT, WITHOUT EFFECT AN AUTOMOBILE LIAOIUTY POLI- T CY AS DEFINED 111 S50T)ON 424-103(2), SHAL ON BEF RE AND SINGLE ABU FrRATOR COLORADO RWIS!D STATUES. 1072, APPOINTED BY THE B EETIER sumacs BUREAU IN ON THE MOTOR VEHICLE SOLD BY THIS ACCORDANCE WITH THE ENDING ARBITRATION CONTRACT _ _ RULES OF THE BETTER BUSINESS BUREAU. Ana- REMARKS TRATION SHALL SE PURCHASER'S SOLE AND IXCLU• SIVE METHOD OF DISPUTE RESOLUTION. DEALER SHALL FAY THE COST OF THE ARBITRATION NOT INCLUDING PURCHASER'S ATTORNEY A. IN THE 4 &.' Lie /// DELIVERY & HANDLING' EVENT A RUTTY FAI LS S TO 70 PROCEED WITH ITH ARUM �•1 fr7 TION OR UNSUCCESSFULLY CHALLENGES THE ARBI- TRATOWS AWARD, OR PAILS TO COMPLY WrTH THE TOTAL PRICE Allowance. enema TIER n tVlCS. ARBITRATOR'S AWARD, THE OTHER PARTY 14 ENT- TLEO TO COSTS OF SUIT, INCLUDING REASONABLE Leas a o pa on Lludln 'a YS' FEES FOR HAVING TO COMPEL ARBI- 0 discount Iran nc In- 4 O O n n TRATION OR DEFEND OR ENFORCE THE AWARD. PURCHASER UNCONDITIONALLY WAIVES THE 'fixable Sale Pam —2c0B On RIGHT TO LITIGATE ALL CLAIMS IN COURT, INCLUD- INGTHERIGHTTOAJURYTRAIL , °RTCPARTKNPATE 9 2 j -5/78' Bales Tax a 0.00 Ty,. AS A MEMEER OR REPRESENTATIVE OP ANY CUSS N ANY CLASS ACTION. INCLUDING CLASS TOTAL PFnR4 OL' ARBITRATION. *DELIVERY AND HANDLING seance Owing onlade-In Mdaln REPRESENTS COSTS AND ADDITIONAL PROFIT TO THE To: s„ W/� Metro Year SELLER/DEALER. CHEVROLET I 2 002 Tlme Milos Model ALL USED CARS SOLD "AS 18 OR ESA er1Y' n 13 /1 310 "WITH ALL FAULTS" UNLESS Time Mlles I.D. No. SEPARATE AGREEMENT 18 FURN- MAINT. Of 0 _ S/1 16CD'P13W921U.57194 (SHED TO BUYER. Additions to Cash Price The Location I The Na The Information you see on the window form for this vehicle lo part of ells contract. Infer- GAP %1/7 Mlleepo matron an the window form oventdes any contrary provisions In the contract. LIEN FEE Pia CAUTION: DE FOR DITIONALTERMS AND COND ONS. PURCHASER(S) R(S) HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS TOTAL CASH PRICE 2C0°4,1.14 AGREEMENT. CASH SETTLEMENT THIS AGREEMENT SHALL NOT BECOME BINDING UNTIL ACCEPTED BY 1 D -RAN No. _ - N/ DEALER OR HIS AUTHORIZED REPRESENTATIVE. 2 Rebate - N/ PURCHASER'S SIGNATURE DATE 6/9/2011 3. Cash on Delivery N/ PURCHASER'S SIGNATURE DATE Tole) Items 1, 2 and 3 - N/ ACCEPTED BY DEALER ���1�� DATE 6/ 9/2011 Remaining Cash Balance Doe 26084 00 T.R.nIS wMwbca'w4 amnia emu - -- --