HomeMy WebLinkAboutresolution.council.011-12 RESOLUTION #
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND VICTOR STANLEY INC. FOR TRASH AND RECYCLING CANS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
trash and recycling cans, between the City of Aspen and Victor Stanley Inc., a true
and accurate copy of which is attached hereto as Exhibit "A";
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 that Contract
for trash and recycling cans, between the City of Aspen and Victor Stanley Inc. 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.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 27 day of Feburary 2012.
.777A
Michael C. reland, 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, February 27, 2012.
Atari__ A .1 4.--
K,�ryn S. Koch, City Clerk
paTIANingITCd
The City ofpsaen
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009
SUPPLY PROCUREMENT
City of Aspen Project No.: 2012 -024.
AGREEMENT made as of 27 day of February, in the year 2012.
BETWEEN the City:
Contract Amount:
l'he City of Aspen
c/o Parks Department
130 South Galena Street Total: $30,884.00
Aspen, Colorado 81611
Phone: (970) 920 -5055
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
Victor Stanley, Inc. until it has been approved by the City
PO Box 330 Council of the City of Aspen.
2103 Brickhouse Road City Council Approval:
Dunkirk, Maryland 20754
Phone: 303 - 744 -0488 Date:
Resolution No.:
Summary Description of Items to be Purchased:
lronsites Series 36 gallon side - door litter and recycling receptacles.
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 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 585 Cemetery Lane. Aspen. Colorado 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.
1
4. Warranties. Warrant to the original purchaser the good manufactured by Victor
Stanley Inc. to be free from defects in material and workmanship for one year under normal use
and service. Warranty limited to repair or exchange of any part or parts which may thus prove
defective under normal use and service within one year from date of delivery. Warranty
expressly excludes acts of misuse, vandalism or freight damage. Ductile Iron castings include a
10 -year limited warranty against breakage.
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.
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 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.
15. City Council Approval. 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.
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]
•
FOR THE CITY OF ASPEN: �f
OAF Al
ATT :T: By: r,41
City Manager
City Clerk
VENDOR:
VICTOR STANLEY, INC.
By: et
4r a7A5SrtC.
Title
EXHIBIT A TO CITY OF ASPEN SUPPLY PROCUREMENT AGREEMENT
Quantity Item # Description Unit Cost Total
7 1 SD -42 Ironsites Series 36- gallon side -door $1,184 $ 8,288
Litter receptacle, dome lid w/ slanted uprights
And No donut, black plastic liner, latch.
295 lbs. Finish: VS Black
9 2 SD -42 Ironsites Series 36- gallon side -door $1,464 $13,176
Litter receptacle, recycle slotted lid with
Attached decal, black plastic liner, latch
Recyle band decal per attached layout & 2
Plaques per can per attached layout. 290Ibs
Finish: VS Green
5 3 SD -42 Ironsites Series 36- gallon side -door $1,464 $ 7,320
Litter receptacle, recycle slotted lid with
Attached decal, black plastic liner, latch.
Newspaper band decal per attached layout
& 2 plaques per can per attached layout.
290Ibs. Finish: VS Gray
Estimate Tax Tax Exempt
Freight $ 2,100
Total $30,884
QUOTATION Victor Stanley, 1NC.
P.O. Box 330 2103 Brickhouse Road
Sold To: City of Aspen Dunkirk, Maryland 20754
130 South Galena Street Local Rep Ph: 303 -744 -0488
Aspen, CO 81611 Local Rep Fx: 303 - 744 -0399
Contact: Brian Flynn -
P: 970 - 429 - 2035 I=> Your Order No. Est. lead -time
6 -8 weeks
Ship To: City of Aspen Parks Department Date Not ship before
585 Cemetary Lane 1.20.12
Aspen, CO 81611 Required date Requested date
Contact: Brian Flynn
P: 970 429 - 2035 Accept before Accept before
requested date? lead-time: Y!N
YIN
Project: City of Aspen Tens Freight ID
See Below 30303
NOTE: Please make all PO's out to Victor Stanley Inc. Victor Stanley'; warranty is only valid if the
protect full address is provided at the time of older. Please fill that information in below
PROJECT ADDRESS:
QTY Item St Model No. & Description Unit Cost Extension
7 1 SD-42 Ironsites Series 36- Gallon Side -Door Litter Receptacle, $1,184.00 $8,288.00
Dome Lid w/ Slanted Uprights & NO Donut, Black Plastic
Liner, Latch. 2951bs. FINISH: VS Black
9 2 SD-42 Ironsites Series 36- Gallon Side -Door Litter Receptacle $1,464.00 $13,176.00
Recycle Slotted Lid w/ Attached Decal, Black Plastic Liner,
Latch. Recycle Band Decal per attached layout & 2 Plaques per
can per attached layout. 290Ibs. FINISH: VS Green
5 3 SD -42 Ironsites Series 36- Galion Side -Door Litter Receptacle $1,464.00 $7,320.00
Recycle Slotted Lid w/ Attached Decal, Black Plastic Liner,
Latch. Newspaper Band Decal per attached layout & 2 Plaques
per can per attached layout. 290Ibs. FINISH: VS Gray
10 Sign:
. Date:
Sub - Total $28,784.00
NOTE: THIS PRICING WILL BE HONORED FOR 30 DAYS Tax EXEMPT
Any orders placed after 30 days from quoted date will need to be Est. Freight $2,100.00
be re- priced. Freight not honored longer than 30 days. Total $30,884.00
Payment Terms: Terms are established by Victor Stanley. A credit application must be filled out
at the time of order. Order may be prepaid with a check, Visa or MasterCard. Orders are not released
into production until terms are established and deposits are made.
All Victor Stanley, Inc. site amenities mud be permanently affixed to the ground.
Consult local codes. If a color sample needs to be submitted, you must call Downs & Associates.
Attachment A
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