HomeMy WebLinkAboutresolution.council.029-15 RESOLUTION # 29
(Series of 2015)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND LL JOHNSON DISTRIBUTING 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
TORO Utility Carts, between the City of Aspen and LL Johnson Distributing
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 TORO Utility Carts, between the City of Aspen and LL Johnson Distributing
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 16th•day of March 2015.
r
Steven Skadron, Mayor
1, Linda Manning, duly appointed and acting City Clerk 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 16, 2015.
Linda Manni , City Clerk
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT I
SUPPLY PROCUREMENT
City of Aspen Project No.: 2015-010.
AGREEMENT made as of 16th day of March, in the year 2015.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Parks Department
130 South Galena Street Total: $65,262.00
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
LL Johnson Distributing Company until it has been approved by the City
c/o Don Swanberg Council of the City of Aspen.
4700 Holly Street City Council Approval:
Denver, CO 80216
Phone: 303=320-1270 Date: March 16, 2015
Resolution No.: 29, Series 2015
Summary Description of Items to be Purchased:
Toro Utility Carts
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.
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.
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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:
A S By:
City Manager
City Clerk
VENDOR:
LL JOHNSON DISTRIBUTING COMPANY
l
By:
V, ,p 21t, .
Title
Exhibit A Supply.Procurement Agreement
(1) Toro Workman HDX-D heavy-duty vehicle with hydraulic
dump bed,total capacity of 3244 pounds,front impact
bumper, disc brakes and powered by a 24 hp liquid-
cooled diesel engine $21,998.00
(4) Toro Workman MDE utility vehicle with Canopy,
electric dump box, 1,200#total vehicle capacity, 800#bed
capacity, in-frame suspension,two passenger seating,
pedal start,front hydraulic brakes and powered
by a 48-volt, 500-amp drive train ($11,391.00ea) $45,564.00
$67,562.00
LESS TRADE-IN
Toro Workman 07288-270000184 -500.00
Toro Workman 07288-270000188 -500.00
Toro Workman 07288-270000189 -500.00
Toro Workman 07288-270000187 -800.00
TOTAL CONTRACT PRICE WITH TRADE-INS $65,262.00
Price includes delivery to Aspen, Colorado.
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Toro Genera! Commercial Products Warranty
ATWo-Year Limited Warranty
P L
Conditions and Products Covered lubricants, additives,fertilizers,water, or chemicals,etc..
The Toro Company and its affiliate,Toro Warranty Company, Normal noise,vibration,wear and tear,and deterioration
pursuant to an agreement between them,jointly warrant your Toro • Normal"v✓ear.and tear"includes, but is not limited to, dar;,
Commercial Product('Product")to be free from defects in materi- age to seats due to wear or abrasion,worn painted surfaces,
als or workmanship for two years or 1500 operational hours"; scratched decals or windows,etc.
whichever occurs first.This warranty is applicable to all products
with the exception of Aerators(refer to separate warranty state- Parts
ments for these products).Where a warrantable condition exists, Parts scheduled for replacement as required maintenance are war-
we will repair the Product at no cost to you including diagnosis, ranted for the period of time up to the scheduled replacement time
labor, parts, and transportation.This warranty begins on the date for that part. Parts replaced under this warranty are covered for the
the Product is delivered to the original retail purchaser. duration of the.original product warranty and become the property
Product equipped with hour meter -of Toro.Toro will make the final decision whether to repair any ex-
isting part or assembly or replace it.Toro may use remanufactured
instructions for Obtaining Warranty Service parts for warranty repairs.
You are responsible for notifying the Commercial Products Dis-
tributor or Authorized Commercial Products Dealer from whom Note Regarding Deep Cycle Battery Warranty:
you purchased the Product as soon as you believe a warrantable Deep cycle batteries have a specified total number of kilowatt-
condition exists. If you need help locating a Commercial Products hours they can deliver during their lifetime.Operating, recharging,
Distributor orAuthorized Dealer, or if you have questions regard- and maintenance techniques can extend or.reduce total battery
ing your warranty rights or responsibilities,you may contact us at: life.As the batteries in this product are consumed,the amount
of useful work between charging intervals will slowly decrease
Toro Commercial Products Service Department until the battery is completely worn out.Replacement of worn out
Toro Warranty Company batteries, due to normal consumption, is the responsibility of the
8111 Lyndale Avenue South product owner. Battery replacement may be required during the
Bloomington, MN 55420-1196 normal,product warranty period at owner's expense.
952-888-8801
E-mail:cornmercfal.warrnty@toro.com Maintenance is at Owner's Expense
Engine tune-up,lubrication cleaning and polishing,replacement of
Owner Responsibilities filters,coolant,and completing Recommended Maintenance are
As the Product owner,you are responsible for required main- some of the normal services Toro products require that are at the.
tenance and adjustments stated in your Operator's Manual. owner's expense. (:
Failure to perform required maintenance and adjustments can be General Conditions
grounds for disallowing a warranty claim. Repair by an Authorized Toro Distributor or Dealer is your sole
remedy under this warranty.
Items and Conditions Not Covered Neither The Toro Company nor Toro Warranty Company is
Not all product failures or malfunctions that occur during the liable for indirect,incidental or consequential damages in
warranty period are defects in materials or workmanship.This connection with the use of the Toro Products covered.by this
warranty does not cover the following: warranty,including any cost or expense of providing sub-
Product failures which result from the use of non-Toro stitute equipment or service during reasonable periods of
replacement parts,or from installation and use of add-on, malfunction or non-use pending completion of repairs under
or modified non-Toro branded accessories and products.A this v'arranty. Except for the Emissions warranty referenced {
separate warranty may be provided by the manufacturer of below, if applicable,there is no other express warranty.All
these items. implied warranties of merchantability and fitness for use are
•. Product failures which result from failure to perform recom- limited to the duration of this express warranty.
mended maintenance and/or adjustments.Failure to properly
maintain your Toro product per the Recommended Mainte- Some states do not allow exclusions of incidental or consequential
nance listed in the Operator's Manual can result in claims for damages,or limitations on how long an implied warranty lasts,so
warranty being denied. the above exclusions and limitations may not apply to you.This
• Product failures which result from operating the Product in an warranty gives you specific legal rights,and you may also have
abusive, negligent or reckless manner. other rights which vary from state to state.
• Parts subject to consumption through use unless found to be
defective. Examples of parts which are consumed,or used Note regarding engine warranty:
up,during-normal Product operation include,but are not lim- The Emissions Control System on your Product may be covered
ited to, brakes pads and linings,clutch linings, blades,reefs, by a separate warranty meeting requirements established by the
bed knives,tines, spark plugs,castor wheels,tires,filters, U.S. Environmental Protection Agency(EPA)and/or the California
belts, and certain sprayer components such as diaphragms, Air Resources Board(CARE).The hour limitations set forth above
nozzles, and,check.valves,etc. do not apply to the Emissions Control System Warranty. Refer to
• Failures caused by outside influence. Items considered to be. the Engine Emission Control Warranty Statement printed in your
outside influence include, but are not limited to,weather,stor- Operator's Manual or contained in the engine manufacturer'sr: .<
il
t
d
f
or details.
age practices,contamination, use of unapproved coolants, documentation
Countries Other than the United States or Canada
Customers who have purchased Toro products exported from the United States or Canada should contact their Toro Distributor(Dealer)
to obtain guarantee policies for your country, province,or state. If for any reason you are dissatisfied with your Distributor's service or
have difficulty obtaining guarantee information, contact the Toro Importer. Part No.3IC0.731 Rev.D
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