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HomeMy WebLinkAboutresolution.council.038-14 RESOLUTION # 38 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND WHITE BEAR WEST INCORPORATED 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 parking enforcement vehicles, between the City of Aspen and White Bear West, Incorporated, 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 parking enforcement vehicles, between the City of Aspen and White Bear West,Incorporated, 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 7th day of April 2014. �- St ven Skadron, 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, April 7, 2014. Kathry . Koch, City Clerk The Oily of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2014-044. AGREEMENT made as of 18t' day of March, in the year 2014. BETWEEN the City: Contract Amount: The City of Aspen c/o Parking Department 130 South Galena Street Total: $60,475.00 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 White Bear West, Inc. until it has been approved by the City c/o Council of the City of Aspen. 6627 South 191 St Place City Council Approval: #F 101 � Kent, WA 98032 Date: r.t Phone: 425-251-5738 Resolution No.: � Summary Description of Items to be Purchased: Two—2014 Go-4 Urban Utility Vehicles 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 130 S. Galena Street, 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. (One year service and parts). 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: ATT T: By: _11 City Manager City Clerk VENDOR: WHITE BEAR WEST,INC. By ilQ� ' �� ., :�$ �y Title EXHIBIT A SUPPLY PROCUREMENT AGREEMENT WHITE BEAR WEST, INC. 6627 South 191St Place,;�F�101 KENT,WA 98032 3668 (425)251-5738 TO Blake Fitch --- - _ City of Aspen 3 76-2014 Diane Markovich 130 S. Galena St. - Aspen, CO 81611 3-6-2014 Pending Carrier iShipping Point Title Transfer QUANTITY DESCRIPTION PRICE ii AMOUNT 2 2014 GO-4 Int.IV three wheel vehicle. 23,580.00i 47,160.00 2 Sliding rear window 313,.00 ;1 626.00 2 Padded arm rest w/storage box. 21$.00 436.00 2 Radio w/CD player. 4211.001; 842.00 2 Light bar mount & switch pkg. 253'.501!. 507.00 2 Nerf bar, front 32x.00 644.00 2 Nerf bar, rear 32x.00 'ii 644,00 2 Air conditioning. 3,608.001 7,216.00 2 F.O.B. Aspen destination. 1,200.00 '! 2,40000 Total $60,475:00 Warranty: one year service and parts. Shipping includes all costs from Factory to final destination. f 760kl , 611(t,� The New G Oo,4 .GNOMICAL RETURN ON INVESTMENT - DOMESTICALLY BUILT EFFICIEF. ,f • , L • The New _ TAILORED DESIGN - SPACE CONSCIOUS - ERGONOMICAL RETURN ON INVESTMENT - DOMESTICALLY BUILT - EFFICIENCY 0 0 MEET THE NEW GO-4 An urban utility vehicle designed and engineered for navigating with ease in space conscious locations. An ideal fit for parking patrols, police departments, dense Cities, university campuses, water meter reading, airports, golf courses, and many more applications. The following pages will illustrate some of our key features and benefits of the GO-4. 01.INTRODUCTION 1 02-04.DESIGN FOCUS 1 OS.COMPACT DESIGN 1 06-07.ADDITIONAL DETAILS&OPTIONS 01 VA ,j TAILORED SIZE UNIQUE DOOR DESIGN Our specialized design allows for easy access while The GO-4 is produced with 2 styles of doors. Our original entering and exiting the GO-4.If your requirements need version is a hinged one piece door that provides maximum constant repetition of this movement,our large tall cabin strength and durability. If confined space is a major concern, and sliding door design will allow you to perform your then please consider our two piece sliding door. This version work all day long,without exhaustion or creating is ideal for tight locations,or if there is a need to access the physical pains. outside while driving,such as for scanning barcoded meters, or marking car tires. l 7 r G, 02 P DOOR MECHANICS SAFETY All materials chosen and used are of a high When considering your vehicle purchase,please note the underlining quality and durable nature,and in large part importance of safety built into each GO-4. Beginning from the chassis,the manufactured domestically. GO-4 has been designed to provide the utmost safety and strength in collisions from any direction. With its 2.5 inch steel roll bar,typically seen in race cars,operators can feel at ease while driving the GO-4. Many municipal operators use the GO-4 up to 40 hours a week,we aim to provide increased safety for everyone of them. Please consider this important feature when choosing a vehicle for your operators. 1 6 1 S,v E" ti 55 D f yr`I, 03 • y 1< s G' t • COMPACT DESIGN Tight space? At 52.5 inches wide,the GO-4 can physically fit where most larger vehicles cannot. Excelling in situations such as the above.Minimal traffic disruption is caused while performing the job at hand. :s 111 r _ 4W 04 MANEUVERING • The GO-4 is unparalleled in its ability to maneuver within tight and busy spaces.The outside turning radius of the GO-4 is a mere 114"making '_ _ U-turns a breeze. The GO-4 excels in tight congested urban streets,city parks,university campuses,golf courses,penitentiaries, large hospitals,and more.... 114" Aim 05 Additional nerf bar option for reducing impact from any potential LED lighting is now a standard feature in the GO-4,for all exterior dents and collisions. lighting other than the head lights.Lighting is also positioned up high on the rear cab to easily notify vehicles of frequent stopping. Additional beacons can be added. I , r The GO-4 can easily be outfitted with an AM/FM radio with CD Rear trunk with hinged and locking lid provided extra storage player or MP3 plug in with space for two 44 speakers can be fitted space. _ into the ceiling cab. A comfortable interior offers an adjustable sliding chair, tilt Rear engine lid provides easy access for checking oil and coolant steering, excellent viewing conditions, and optional cup holder levels. arm rest. Optional AC is available,as well as a lateral thrust alarm which The GO-4 is powered by the latest and most efficient Hyundai/Kia notifies the driver if taking a corner too quick and tight. power plant. 3 cylinder, 69 horsepower, 4 speed automatic transmission. This light yet powerful engine allows for great 06 torque in any situation,and offers excellent fuel mileage. I ENGINE SUSPENSION 69 h.p.,liquid cooled Front-Leading link suspension Polyurethane Isolation system 3-cylinder,overhead cam Rear-Independent McPherson strut ' 4-cycle,electronically fuel injected CLIMATE CONTROL TRANSMISSION Liquid core 20,000 BTU heater/defroster • 4-speed automatic Air Conditioning optional (automotive transaxle with STEERING electronically controlled shift) Adjustable tilt steering wheel DIMENSIONS with center mounted horn • 69.5" Overall height with cab TIRES 118" Overall length 155 x 80 x 14"all-season radials 52.5" Overall width BODY FEATURES 114" Outside turning radius 3-wheel with"Tube guard"tubular steel frame 36" Inside turning radius Aluminum and Plastic body panels 78.5" Wheelbase Storage box with lockable cover _ BRAKING Sliding metal doors with independently Hydraulic disc brakes on all three wheels with dual circuit master cylinder sliding windows Parking-Hydraulic over mechanical Steel front and rear bumpers ELECTRICAL SYSTEM 3 point shoulder harness seat belt Charging-Heavy duty 70 amp automotive alternator Outside rear view mirrors Lights-Two halogen headlights. Electric windshield wiper with LED lighting for all other front,rear,side markers. intermittent control and windshield washer Stop/tail lights with high visibility stoplights Dome light,Floor mat Turning lights,Turn signals LTA(lateral thrust alarm)Safety Device - Starting-12-volting starting motor interlock prevents starter from operating SEAT unless shift lever is in"neutral or park"position One passenger adjustable fore and aft Gauges-Speedometer,fuel level and hour meter with adjustable back and headrest Indicator Lights-Oil pressure warning,Three stage water temperature light FUEL TANK AND FUEL MILEAGE (Blue-below running temperature, Off-normal running temperature, 9 US gallons.Over 45 mpg.Inquire for details Red-above normal running temperature), WEIGHT CAPACITY Overdrive indicator,Charging system Low fuel Vehicle weight,1465 lbs. Wiring-Wiring harness with abrasion-resistant GVWR,2235 lbs. loom Multiple plug in connectors for accessories Rated capacity,600 lbs plus operator Governor-Electronic on the fuel injection system,Transmission Cooler COLOR LTI-(Lateral Thrust Indicator)for safer operation of vehicle White with all black frame and accents(standard) WARRANTY TOP SPEED One year full warranty.Please inquire for details Electronically governed from factory Optional second year upgrade available Electronically governed at 40 or 45 mph. Specifications are subject to change without notice.These vehicles comply with the U.S.D.O.T.vehicle safety standards"motorcycles",as well as meet E.P.A.and C.A.R.B.standards. Graphics illustrated on the vehicle are strictly for the purpose of this brochure.Municipalities typically outfit the vehicles with proprietary graphics. WESTWARD INDUSTRIES 613 Marion Street TEL:2045944100 Winnipeg.MB.Canada FAX:204 2312607 R2J OK2 EMAIL:Sales @westwardindustries.com http://www.westwardindustries.com 07 1 NEW GO-4 SPECIFICATION ENGINE SUSPENSION 69 h.p.,liquid cooled,3-cylinder,overhead cam Front-Leading link suspension Polyurethane Isolation system 4-cycle,electronically fuel injected Rear-Independent McPherson strut TRANSMISSION CLIMATE CONTROL 4-speed automatic Liquid core 20,000 BTU heater/defroster (automotive transaxle with electronically controlled shift) Air Conditioning optional DIMENSIONS STEERING 69.5" Overall height with cab Adjustable tilt steering wheel with center mounted horn 118" Overall length TIRES 52.5' Overall width 165/5014" all-season radials 114" Outside turning radius BODY FEATURES 36" Inside turning radius 3-wheel with"Tube guard"tubular steel frame 78.5' Wheelbase Aluminum and Plastic body panels BRAKING Storage box with lockable cover Hydraulic disc brakes on all three wheels Sliding metal doors with independently sliding windows with dual circuit master cylinder Steel front and rear bumpers Parking-Hydraulic over mechanical 3 point shoulder harness seat belt ELECTRICAL SYSTEM Outside rear view mirrors Charging-Heavy duty 70 amp automotive alternator Electric windshield wiper with Lights-Two halogen headlights intermittent control and windshield washer LED lighting for all other front,rear,side markers Dome light,Floor mat Stop/tail lights with high visibility stoplights,Turning lights,Turn signals LTA(lateral thrust alarm)Safety Device Starting-12-volting starting motor interlock prevents starter from SEAT operating unless shift lever is in"neutral or park"position One passenger adjustable fore and aft Gauges-Speedometer,fuel level and hour meter with adjustable back and headrest Indicator lights-Oil pressure warning,Three stage water temperature light FUELTANK AND FUEL MILEAGE (Blue-below running temperature, Off-normal running temperature 9 US gallons.Over 45 mpg.Inquire for details Red-above normal running temperature) WEIGHT CAPACITY Overdrive indicator,Charging system Low fuel Vehicle weight,1465 lbs. Wiring-Wiring harness with abrasion-resistant GVWR,2235 lbs. loom Multiple plug in connectors for accessories Rated capacity,600 lbs plus operator Governor-Electronic on the fuel injection system,Transmission Cooler COLOR LTI-(Lateral Thrust indicator)for safer operation of vehicle White with all black frame and accents(standard) WARRANTY TOP SPEED One year full warranty.Please inquire for details Electronically governed from factory Optional second year upgrade available Electronically governed at 40 or 45 mph. Specifications are subject to change without notice.These vehicles comply with the U.S.D.O.T.vehicle safety standards"motorcycles';as well as meet E.P.A.and C.A.R.B.standards. Graphics illustrated on the vehicle are strictly for the purpose of this brochure.Municipalities typically outfit the vehicles with proprietary graphics.