HomeMy WebLinkAboutresolution.council.017-12 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 C&M GOLF AND GROUNDS EQUIPMENT COMPANY
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
Golf turf equipment, between the City of Aspen and C&M Golf and Grounds
Equipment Company, 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 Golf turf equipment, between the City of Aspen and C&M Golf and Grounds
Equipment Company, 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 12th day of March 2012.
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, March 12, 2012.
Kirryn ' . Koch, City Clerk
The City otU pen
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: 2011-097.
AGREEMENT made as of I i>'' day of\Lurch, in the year .
BETWEEN the City:
Contract Amount:
the City of Aspen
do Golf Department
130 South Galena Street Total: $232,518.82
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
C&M Golf and Grounds Equipment until it has been approved by the City
c/o Bruce Smith Council of the City of Aspen.
5080 Paris St. City Council Approval:
Denver CO, 80239
Phone: 373-375-4913 Date 17 IZ
Resolution No.: ( } - goig--
Summary Description of Items to be Purchased:
Turf mowers: fairway and greens, utility hauler
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 39551 Highway 82. 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.
4. Warranties. See Exhibit B.
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:
ATTEST: By: 4e G7`
City Manager
ity Clerk /
VENDOR:
C &M Golf and Grounds Equipment
By: _ J -E-c 1is
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Exhibit B Supply Procurement Agreement
J/1C�BS/�! STATEMENT OF LIMITED WARRANTY
A Textron Company
LIMITED WARRANTY WARRANTY EXCEPTIONS
The Jacobsen Division of Textron Inc. ("Jacobsen") warrants that This Limited Warranty is not applicable to Product that:
any whole good product or serialized accessory manufactured or
sold by Jacobsen other than batteries,engines and tires("Product") • has been subject to misuse,neglect,negligence,or accident;
shall be free from defects in material and/or workmanship for the • has been operated or maintained in any way contrary to the
time periods set forth below ("Limited Warranty"). Any Product instructions specified in the Operator's Manual or Service
found in the reasonable judgment of Jacobsen to be defective in Manual;
material or workmanship shall be repaired or the defective • has not received required maintenance or repair;
component replaced, in Jacobsen's sole discretion, by an • has been altered or modified in a manner not approved by
authorized Jacobsen dealer or distributor without charge. This Jacobsen, (including the use of aftermarket/retrofit
Limited Warranty extends to the original retail purchaser or lessee accessories that adversely affect the Product's operation,
only and is not transferable to any subsequent purchasers or performance or durability) or that has been altered or
lessees,or applicable to used equipment. modified so as to change its intended use;
• is damaged as a result of ordinary wear and tear, or is the
LIMITED WARRANTY PERIODS result of consumption through use (unless otherwise found to
be defective), including, but not limited to, blades, bedknives,
• Products(other than Aeration Products): the earlier of two(2) bearings, reels, tines, caster wheels, belts, brake and clutch
years from date of delivery, or two thousand (2,000) hours of linings,spark plugs,hoses,oil,lubricants,or coolant;
usage.
• is damaged as a result of the use of non-Jacobsen approved
• Aeration Products: the earlier of two (2) years from date of replacement parts that cause damage to other parts;
delivery,or five hundred(500)hours of usage. • is damaged as a result of weather, exposure to the elements,
or lack of reasonable storage practices that can affect the
INDIVIDUAL COMPONENT WARRANTIES appearance and durability of exterior components, including
but not limited to,seats,paint and plastics;and
• is damaged as a result of exposure to unapproved or recycled
Batteries, engines and tires sold as part of Jacobsen whole goods coolants,oils,lubricants,additives or other chemicals.
are warranted separately by their manufacturers and are not
subject to this Limited Warranty. You should carefully review the WARRANTY LIMITATIONS
warranty materials provided with your Jacobsen equipment to
determine the applicable warranty. Any warranty claims for
batteries,engines or tires should be made to that manufacturer at OTHER THAN THIS LIMITED WARRANTY, THERE ARE NO OTHER
the contact information provided with your equipment. WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTAB ILITY AND FITNESS FOR A
PARTS WARRANTIES PARTICULAR PURPOSE. ALL WARRANTIES OTHER THAN THIS
EXPRESS LIMITED WARRANTY ARE SPECIFICALLY DISCLAIMED.
JACOBSEN'S OBLIGATION UNDER THIS LIMITED WARRANTY IS
Any parts and non-serialized accessories provided to replace STRICTLY AND EXCLUSIVELY LIMITED TO THE REPAIR OR
defective parts and non-serialized accessories under this Limited REPLACEMENT OF DEFECTIVE PARTS. JACOBSEN DOES NOT
Warranty are themselves warranted for defects in material and ASSUME OR AUTHORIZE ANYONE (INCLUDING ITS AUTHORIZED
workmanship for the longer of one hundred and eighty (180) days DEALERS OR DISTRIBTORS) TO ASSUME FOR IT ANY OTHER
from the date of installation or the remaining warranty period for OBLIGATION. JACOBSEN SHALL HAVE NO LIABILITY FOR
the Product. Parts that are sold separately are subject to their own INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR OTHER
limited warranty. DAMAGES ARISING OUT OF OR RELATED TO THE USE OF
JACOBSEN EQUIPMENT OR BREACH OF WARRANTY, INCLUDING,
MAKING A WARRANTY CLAIM BUT NOT LIMITED TO, EXPENSE FOR GASOLINE, TRAILERING OR
TOWING CHARGES, RENTAL OR PURCHASE OF REPLACEMENT
To make a warranty claim,you must notify an authorized Jacobsen EQUIPMENT WHILE WARRANTY SERVICE IS BEING PERFORMED,
dealer or distributor as soon as a warrantable condition becomes TRAVEL, LODGING, LOSS OR DAMAGE TO PERSONAL PROPERTY,
known to you, but not later than the end of the applicable LOSS OF REVENUE, LOSS OF USE OF PRODUCT, OR LOSS OF TIME
warranty period. You must provide the dealer or distributor with OR INCONVENIENCE. JACOBS EN RESERVES THE RIGHT TO
proof and date of purchase. Warranty repairs performed by other CHANGE OR IMPROVE THE DESIGN OF ANY PRODUCT WITHOUT
than authorized Jacobsen dealer s or distributors will not be ASSUMING ANY OBLIGATION TO MODIFY ANY PRODUCT
reimbursed and may void this Limited Warranty. Jacobsen makes PREVIOUSLY MANUFACTURED.
no warranty for warranty service performed by other than its
authorized dealers and distributors. You should visit your
authorized Jacobsen dealer or distributor periodically to ensure
proper maintenance and care of your Jacobsen equipment.
This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state. Some states do not allow the exclusion
of incidental damages or limitations on how long an implied warra my may last,so the above excl usions and limitations may not apply to you.
Litho in U.S.A. 12-2010 Part No.4121330-Rev A