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Home My WebLink Aboutresolution.council.140-14 RESOLUTION # 140 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,__ COLORADO, APPROVING A PURCHASE CONTRACT BETWEEN THE CITY OF ASPEN AND COZY POINT RANCH LLC 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 the purchase of ranch equipment and bales of hay, between the City of Aspen and Cozy Point Ranch LLC, 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 the purchase of ranch equipment and bales of hay, between the City of Aspen and Cozy Point Ranch LLC, 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 1 ouncil of the ity of Aspen on the 24`h day of November 2014. j. Steven Skadro or I, Linda Manning, duly appointed and acting City Cler 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, November 24, 2014. Linda Manning, City Clerk The Cilf of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2014-147. AGREEMENT made as of 24"'day of November, in the year 2014. BETWEEN the City: Contract Amount: The City of Aspen c/o Parks ________ . 130 South Galena Street Total: $119,392.74 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 Cozy Point Ranch LLC until it has been approved by the City c/o Glenda Summers Council of the City of Aspen. PO_Box 590_ City Council Approval: Woody Creek, Colorado 81656 Phone: 970-925-4446 Date: November 24, 2014 Resolution No.: Summary Description of Items to be Purchased: Ranch equipment and hay 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. I. 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. The purchase price shall be $119,392.74. The purchase price is based on the value of the items set forth in Exhibit A of$149,248.50 minus a credit to the City for rent due from Cozy Point Ranch, LLC, the vendor herein, through September of 2014, in the amount of $29,855.76. The City waives rent due from Cozy Point Ranch, LLC, for the months of October and November. 2. Delivery. (Equipment and Hay will remain on the ranch property.) [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. The property that is transferred pursuant to this agreement is transferred "as is" with no warranties regarding the condition of the supplies, equipment and hay. However, Vendor covenants, agrees and warrants that the property is unencumbered and free and clear of all liens or claims of any nature or kind. 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 terns, 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. 1 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 ST: � By: waCity anager City Clerk VENDOR: COZY POINT RANCH LLC By: - ptirne� Title Equipment Purchase Item Date Purchased Mileaae Appraised Value Equipment: 12' 3 PT Harrow (frame only) n/a $400.00 12' 3 Pt Spike Tooth Harrow July, 2008 n/a $1,000.00 8' Rhino 800 Blade March, 2003 n/a $500.00 Aerway Airiator February, 2005 n/a $2,000.00 Ag-Rain Reel Gun July, 2008 $8,000.00 Brush Hog June, 2002 n/a $1,200.00 Case Baler 1999 April, 2004 n/a $4,800.00 John Deere 348 Square Baler 1992 n/a $4,250.00 Kuhn Rotary Rake July, 2005 n/a $2,200.00 Lincoln Welder August, 2005 $250.00 MF 10' PTO Rake March, 2003 n/a $0.00 MF 10' PTO Rake March, 2003 n/a $0.00 New Holland 499 Swather 12' 1991 November, 2007 n/a $4,000.00 Parma 8' Arena Groomer April, 2006 $1,500.00 R/W Bale Spinner November, 2008 n/a $1,000.00 Rhino 12'Auger November, 2003 n/a $250.00 Weed Eater(2) $0.00 Cutting Rig 8/29/2005 $700.00 Tractors: Ford 56105 Tractor 1996 2WD (hay) June, 2002 1126 hrs $2,500.00 JD 2840 Tractor 1978 2WD (hay) April, 2005 1510.7 hrs $7,800.00 New Holland 66105 Tractor 1996 FWD (barn) March, 2006 6749 hrs $11,900.00 Trailers: 26' Flatbed Trailer March, 2003 $4,500.00 Dump trailer(Manure trailer) 2012 $5,000.00 Vehicles: 1991 Ford Truck (Fuel truck) August, 2000 $500.00 Barn Equipment: Barrels (collapsable)-3 misc n/a $75.00 Cart (Lowes) 2012 n/a $150.00 Chain 1 ft(bucket hangers) -95 misc n/a $35.00 Chain 3 ft- 8 misc n/a $12.00 Clips- 97 misc n/a $143.00 Cones-9 misc n/a $90.00 Cross ties- 13 misc n/a $84.50 Fans-3 misc n/a $30.00 Feed cabinets-3 misc n/a $30.00 Hose 100 ft n/a $35.00 Hose 50 ft- 10 n/a $215.00 Hose connectors (new)- 12 misc n/a $36.00 Hose wash rack- 1 misc n/a $10.00 Lg. trash cans plastic- 5 misc n/a $0.00 Mounting block-4 misc n/a $120.00 Scrub brush - long handle- 3 misc n/a $15.00 Spray nozzle - 1 misc n/a $10.00 Stall Guards-9 misc n/a $40.00 Stall Shifter 2003 n/a $800.00 Tack- Kids Saddle November, 2000 n/a $350.00 Office: Filing cabinets $250.00 Monroe's Desk, built ins 2010 $300.00 r Shelving $200.00 Small Fridge $100.00 Xerox SC105 F copier 2000 $0.00 General Equipment: Brooms-4 $60.00 Brooms- push - 5 misc $75.00 Buckets-small grain - 60 misc n/a $150.00 Buckets-Water- 132 misc n/a $500.00 Gas grill (Lowes) 2013 $100.00 Manure Forks-7 misc $52.00 Manure Shovels-7 $122.00 Muck Buckets-26 $130.00 Panels- 126 misc $2,150.00 Shovels- 2 misc $30.00 Snow Shovels- 1 misc $5.00 Stock tanks metal,good -16 misc $1,144.00 Stock tanks- metal, need repair- 16 misc $0.00 Stock tanks- Plastic- 17 misc $2,260.00 T posts-approx 200 misc $200.00 Tank heaters-20 n/a $490.00 Tarps-sm/md Blue - 1 misc $200.00 Tarps-sm/md silver- 1 misc $200.00 Tarps-A silver-8 misc $1,000.00 Shop Equipment: Ladders/rakes/shovels $1,000.00 SUB TOTAL: $77,248.50