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HomeMy WebLinkAboutresolution.council.061-11 RESOLUTION NO. tot Series of 2011 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND DELLENBACH MOTORS, TO PURCHASE ONE CHEVROLET SILVERADO HYBRID TRUCK FOR THE CAR TO GO CARSHARE PROGRAM WITH CONGESTION MITIGATION AIR QUALITY (CMAQ) GRANT FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City of Aspen seeks to improve air quality by reducing PM -10 pollution via the provision of alternative transportation options; and WHEREAS there has been submitted to City Council a contract between the City of Aspen, Colorado and Dellenbach Motors, copies of which are annexed hereto and made a part thereof; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves this CONTRACT between the City of Aspen, Colorado, and Dellenbach Motors, regarding the purchase of one Chevrolet Silverado Hybrid Truck for the CAR TO GO Carshare program with CMAQ funds, copies of which are 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. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on this 26 day of September, 2011. Michael C. Irel i 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 on the day hereinabove stated. Kathryn S. '4, City Clerk 4 ATTACHMENT A CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 The City of Aspen City Attorney's Olfiee SUPPLY PROCUREMENT City of Aspen Project No.: AGREEMENT made as of 27th day of September, in the year 2011. BETWEEN the City: Contract Amount: The City of Aspen c/o Lynn Rumbaugh 130 South Galena Street Total: 37,422.00 Aspen, Colorado 81611 Phone: (970) 920 -5038 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Ron Heusinkveld, Fleet Manager Council of the City of Aspen. Dellenbach Motors City Council Approval: PO BOX 271065 Fort Collins, CO 80527 Date: 9/ /!/ 970 - 226 -2438 Resolution No.: 6'` Summary Description of Items to be Purchased: 2012 Chevy Silverado Hybrid Exhibits appended and made a part of this Agreement: Exhibit A: Vehicle Specifications The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items 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 City of Aspen, 215 North Garmisch Street, Aspen, CO 81611). [Delivery Address] 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. • 36- month/36,000 mile bumper -to- bumper • 5 year /unlimited miles corrosion (perforation only) • 5year /100,000 mile driveline • Towing /roadside assistance 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. 6 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 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. (A) 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 7 selling agencies maintained by the Vendor for the purpose of securing business. (B) 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. (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, 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. (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 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 using 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. 8 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 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. 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 in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. [SIGNATURES ON FOLLOWING PAGE] 9 FOR THE CITY OF ASPEN: A' PPF . By: A v' 1 i� i /irtTity ger s aan City Clerk VENDOR: I� - b 21 L.F3 la e_ 4A '+ n O CZ-S T‹,,+ w. co V \i N,& i s Title 10 C SELECTED MODEL & OPTIONS X a■ A a s SELECTED MODEL - 2012 Fleet/Non -Retail CK10543 4WD Crew Cab 1415" 1HY gQQg DescSdon 17 A9c - ic S -7 MSRP CK10543 2012 Chevrolet Silveredo 1500 Hybrid 4WD �` Igo } p t Q (0 W/A Crew Cab 143.5" 1HY o O SELECTED VEHICLE COLORS - 2012 Fleet/Non-Retail CK10543 4WD Crew Cab 143.5" 1HY Code pescrtotlon Interior: No color has been selected. Exterior 1: No color has been selected. Exterior 2: No color has been selected. SELECTED OPTIONS - 2012 Fleet/Non- Retail) CK10543 4WD Craw Cab 143.5" 11-1Y CATEGORY cask Descf pdon MERE EMISSIONS FE9 EMISSIONS, FEDERAL REQUIREMENTS W/A ENGINE L21 ENGINE, VORTEC 6.0L VARIABLE VALVE TIMING V8 SFI HYBRID, W/A LIVC with Active Fuel Management and late intake valve closing. aluminum (332 hp (247.5 kW) (off 5100 rpm, 367 lb-ft of torque [495.4 N- - m) eg 4100 rpm) (STD) TRANSMISSION M99 TRANSMISSION, 2-MODE STRONG HYBRID, AUTOMATIC, WIA ELECTRONIC. (STD) AXLE RATIO GU4 REAR AXLE, 3.08 RATIO W/A PREFERRED EQUIPMENT GROUP 1HY HYBRID PREFERRED EQUIPMENT GROUP includes standard W/A equipment PAINT SCHEME ZY1 PAINT, SOLID (STD) WIA - PAINT GAN SILVER ICE METALLIC ( rx of s S, \ VV.r) W/A SEAT TYPE AZ3 SEATS, FRONT 40/20/40 SPLIT - BENCH, 3- PASSENGER driver and W/A front passenger manual reclining, center fold-down armrest with storage, lockable storage compartment in seat cushion (includes auxiliary power outlet), adjustable outboard head restraints and storage pockets (STD) SEAT TRIM 19C EBONY, PREMIUM CLOTH SEAT TRIM W/A RADIO USa AUDIO SYSTEM, AM/FM STEREO WITH MP3 COMPATIBLE CD W/A PLAYER seek- end -scan, digital clock, auto-tone control, Radio Data System (RDS), speed - compensated volume and TheftLock (STD) Report content is based on current data version referenced. Any performance - related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 176.0, Data updated 6/7/2011 4:26:00 PM ©Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer File July 27, 2011 3:43:11 PM Page 1 11 SELECTED MODEL & OPTIONS SELECTED OPTIONS - 2012 FIeet/Non- Retail CK10543 4WD Crew Cab 143.5" 1 HY CATEGORY Code DescNWlon MSRP ADDITIONAL EQUIPMENT VK3 LICENSE PLATE BRACKET, FRONT (will be forced on orders with ship- W/A to states that require a front license plate) U2J SIRIUSXM SATELLITE RADIO, DELETE (Requires a Fleet or W/A Government order type.) 'CREDIT' B VAV LPO, ALL-WEATHER FLOOR MATS, EBONY DEEP RIBBED RUBBER 9 W/A (Includes rear floor mats) UEO ONSTAR, DELETE (Requires a Fleet or Government order type. Deletes W/A (UPF) Bluetooth for phone.) *CREDIT VQ2 FLEET PROCESSING OPTION W/A • SPECIAL EQUIPMENT OPTIONS 1TR BASE APPEARANCE FOR HYBRID Includes grille with Black surround. W/A bumper bar and end caps, Black; (N87) Aluminum wheels 18" x 8" (45.7 cm x 20.3 cm). (Requires a Fleet or Government sales order.)' CREDIT' N87 WHEELS, 4 - 18' X 8" (45.7 CM X 20.3 CM) ALUMINUM (spare wheel W/A will not cosmetically match the other 4 wheels) (Included and only available with SE0 (1TR) Base Appearance for Hybrid.) OPTIONS TOTAL S y , � W/A `ma c r) LA IN C ' _ 0 Vt.r'n : ao) a moh � q aS msRp 4a ,cov,Li 36 - or Tr c ,J De�.v -1 a (\CPer4 - r L ISC . Sfic � 0 o _Ta i osr \ t 3`7, ,4-a- Report content is based on current data version referenced- Any performance - related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 176.0, Data updated 6/712011 4:26:00 PM ®Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer File: July 27, 2011 3:43:11 PM Page 2 12