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Home My WebLink Aboutresolution.council.131-14 i RESOLUTION # 131 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND MOUNTAN CHEVROLET 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 2014 Chevrolet AWD Cargo Van, between the City of Aspen and Mountain Chevrolet, 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 2014 Chevrolet AWD Cargo Van, between the City of Aspen and Mountain Chevrolet, 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 ouncil of the City of Aspen on the 27" day of October 2014. Stven kadron, Mayor I, Linda Manning, 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, October 27, 2014. inaa Manni g, City Clerk • � 1 the City of Gspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2014-137. AGREEMENT made as of 27' day of October, in the year 2014. BETWEEN the City: Contract Amount: The City of Aspen c/o Fleet Management 130 South Galena Street Total: $32,918.00 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 Mountain Chevrolet until it has been approved by the City c/o Dennis Davis Council of the City of Aspen. 51359 Highway 6 City Council Approval: Glenwood Springs, CO 81601 Phone: 970-456-4365 Date: Or"PA -t i.;1h. 1-:1014 Resolution No.: Summary Description of Items to be Purchased: 2014 Chevrolet 1500 Express AWD Cargo Van 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 Picked up in Glenwood Springs, Colorado.) IDelivery 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. Manufacturer's warranty applies. 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 waiverof.any_subsequent_default ofany_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. II. 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 additiowto 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: / A1'T ST: By: I,4A 'City Manager - City Clerk VENDOR: MOUNT N EVROLET By: 1-.iwzace Mz�?oeV 'Title EXHIBIT A SUPPLY PROCUREMENT AGREEMENT MOUNTAIN CHEVROLET LLC 51359 HWY 6 GLENWOOD SPRINGS, CO 81601 Phone: 970-928-9777 Model Year: 2014 IGCSHAF40EI200301 MSRP: $35,688.00 Interior upfit $ 3,900.00 Total $39,588.00 GM Gov Fleet Discount $ 5,500.00 - Mtn ,500.00 -Mtn Chew Discount $ 1,140.00— Aspen .140.00—Aspen City Price $32,918.00 Model: 1500 Express CH13405-AWD Cargo Van Primary Color: 50U-Summit White Trim: 52G-Trim, Custom Cloth,Neutral Engine: LMF-Engine, Flex Fuel, Vortec 5.3L V8 Transmission: M30-4-Speed Auto Trans w/Overdrive Additional Vehicle Information 9J6-Steering Column Tilt Type (SEO) $148.00 AS5-Seat: Front Bucket Deluxe $50.00 ATG-Keyless Remote Entry $170.00 . BTV-Remote Engine Starting Pkg $190.00 DT4-Smoker's Package, Ashtray/Lighter $35.00 G80-Differential, Locking, Heavy-Duty, Rear $325.00 R7T-GM Business Choice Upfit $3,900.00 UM7-AM/FM Stereo w/Seek, Scan and Clock $150.00 UVC-Rear View Camera System $200.00 VLL-LPO--Roof Rack, Removeable $380.00 Z82-Trailering Equipment, Heavy Duty $265.00 No Cost Options: 1 WT-Gas Work Truck Equipment Group C6A-GVWR--7300 LBS FE9-Federal Emissions ZX2-Seating, Driver and Passenger, High-Back Bucket AK5-Air Bags, Frontal, Driver& Rt Front. Passenger ASF-Head Curtain Side Airbags AU3-Power Door Locks B38-Floor Covering, Vinyl, Frt & RR, Full Width BA3-Console with Swing-out Storage Bin C60-Air Conditioning, Front Manual D31-Mirror, Inside, Rearview, Tilt DE2-Mirrors, Outside Rearview, Black FHS-Vehicle Fuel--Gasoline E85 GU6-Rear Axle, 3.42 Ratio NX7-Wheel 17" X 7.5" Steel PPC-Rear Door Trim Panel TR9-Auxiliary Lighting UY7-Trailer Wiring VK3-License Plate Mounting Provisions,Front X88-Chevrolet XPR-Tire, Front P245/70RI7 All Season BW YPR-Tire, Rear P245/70R17 All Season BW ZPR-Tire, Spare P245/70R17 All Season B/W ZQ2-Power Door Locks & Windows Pkg. ZW9-Standard Body ZY1-Paint, Exterior Solid BUYERS ORDER Sms`l NO �oundain UWAMILEr:Z2 51359 Hwy 6&24-GlffKvwd SpiingE Colwad,:81601 (970)928 9777 INM Of t30 &QOTN GAI lNR waY I'to CdArNnii :S 1111 ,11-`:HA:1,111 ftolkh N1,A Syn kLL USED CARS SOLD'AS IS"OR VITH ALL FAULTS"UNLESS SEPARATE AGREEMENT IS FURNISHED BUYER, BNGAS M-MIM S Ir glSja- 14LESSSFEM0 BELOW.EOwaEm TOM NDOE): TIFEriNASIMTpN 1'S ;USTOMER AGREES TO PAY ANY ADDITIONAL SALES TAXES.IF NECESSARY sot" WNEO omm, mom % I/A :USTOMER AGREES TO VEHME SERVICE CONTRACT Yes NO % Smm % BONED ;A 'he wM011 WM IS adminuWad by a 3rd PaTY vii TO lhA Chemlet. kO 2mice WOW.wtich is a sepawe aFeared im Ito dNah. TOTAL CASH PRICE aPl EBaermArnweee%muaUWCNAK� eDaTaMClmewleRAamro ww"Omd IU;Al ;vjf, *0I Nlf, EOUITY N/.'. REBATE *O`D " N/A Hyl:11 Addli A9yYeFV D. AeNsy DUNNTS DAV-k-. vareeBY LFVNJ,1; LAVJ:: Ori 'rar4M V% uveatA Oft 4 1, T=QeftwDdv" F ALMON I HAVE READ THE TERMS ON THE REVERSE SIDE AM AGREE TO THEM AS FART OF THIS BUYERS ORDER THE BUYERS,ORDER COIR 'RISES THE ENTIRE AGREENENT AND NO OTHER VERBAL AGREEMENT OR PRONSE IS PART OF THIS AGREEMENT I CERTIFY I AIA EIGHTEEN(ISI 'EMS OF AGE OR OLOM AND I HAVE REGENEO A COPY OF THIS COVAETEO BUYERS ORDER. ;or"NEW CARS,"Buyer hereby ceruses that the price label was,ffinxed to the above described automobile m delivery. :or"USED CARS,"the information you see on the window form for this vehicle 18 part of this contract. aformadon on the window form overrides any contrary provisions In the contract of sale. 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