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HomeMy WebLinkAboutresolution.council.042-15 RESOLUTION # (Series of 2015). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BIGHORN TOYOTA 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 two. 2015 Toyota Prius cars, between the City of Aspen and Bighorn Toyota, 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 two 2015 Toyota Prius cars, between the City of Aspen and Bighorn Toyota, 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. 1 ty Council f he City of Aspen on the 27" day.of April, 2015. / v teven Skadron, Mayor I, Linda Manning, duly appointed and acting City Cle do certify-that the foregoing is a true and accurate copy of that resolution adopt by the City Council of the City of Aspen, Colorado, at a meeting held, April 27, 2015. n Linda Mannin , City Clerk The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2015-040. AGREEMENT made as of 27`x' day of April, in the year 2015. BETWEEN the City: Contract Amount: The City of Aspen c/o Fleet 130 South Galena Street Total: $35,144.00 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 Bighorn Toyot until it has been approved by the City c/o ,fid lirm,et' L� Council of the City of Aspen. 130 Center Drive City Council Approval: Glenwood Springs, CO 81601 Phone: 970-945-6544 Date:April 27, 2015 Resolution No.: Summary Description of Items to be Purchased: Two(2) 2015 Toyota f'rius 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 1080 Power Plant Road, Aspen, Colorado 81623) [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: I. 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: AT ST: By: ity Manager Ci Clerk VENDOR: BIGHORN TOYOTA By: L 7f Title EXHIBIT A SUPPLY PROCUREMENT AGREEMENT 2015 Toyota Prius Pkg II, Model 1223 Quantity 2 $25,250 each $50,500 Color white or silver Delivery & Handling Fee $ 199 $ 398 Subtotal $50,898 Discount -$1,127 -$ 2,254 Trade in: 2006 Ford Escape -$8,000 2011 Toyota Prius -$2,000 -$10,000 Toyota Customer Cash Incentive -$1,750 -$ 3,500 Subtotal of Discounts -$15,754 Total Contract Price $35,144 l WA13RANTY New Vehicle Limited Warranty aCD CD Basic ttt miles fy Hybrid System 96 months 100,000 miles Powertrain I I I I f Restraint Systems t I t I f O IM I Corrosion Perforation l M O `C 20 40 60 80 100 120 140 160 180 months T A Federal Emission Control Warranty y' � o Defect t I I miles* !7 H Specific Components Performance 24,000 miles Specific Components Pig 20 40 60 80 100 120 140 160 180 months Specific components may have longer coverage under terms of the Powertrain Warranty. 3 Iri i- Tc t are Y , 25,000' y� Roadside fits Start Here. No Cost Service Assistance 4 oted to safety and dependability, and That's Oil Changes, Tire Rotations, Fluid 24-hour service available at no cost maintenance is important to both. e include a no cost maintenance plan Level Adjustments, Multi-Point Vehicle for 2 years from the effective date, Kase or lease of every new Toyota for Inspections and Peace of Mind. for unlimited miles. ,000 miles, whichever comes first. side assistance is also included for 2 ToyotaCare delivers on the following Maintenance Services include: less of mileage. Guide' services, when required, at no cost for 2 years or 25,000 miles, whichever comes first. _ Battery Jump Start (an your seatbelt. Engine oil Filter Change n Lockout Protection 3 �sone 9g Rotate Tires ' Emergency Fuel Delivery iziprogram® Multi-Point ® Tire Service Inspection Impaired tire will be replaced with ® �� If1lSPj0,t&Adjust your inflated spare. I g CTS Flusc levels wpmTowing the Miles To the nearest Toyota dealership(or to the Toyota dealership of your choice within 25 jmiles of the nearest dealer). Winching - - —- Y from any ditch mud sand or snow. Extrication Fa N Vehicle must be immediately adjacent to a regularly traveled road and capable of being serviced with standard servicing equipment. VW 24"r IToll-Free Number: 1.Covers normal factory scheduled service for �Oi: 800-444-4195 i Excludes those items listed in the Mainteninc 2.Consult the vehicle's Maintenance Guide for Service requirements and intervals vary by mod._,i. 4.Does not include parts and fluids,except emergency fuel delivery. Valid only in the continental U.S.and Alaska.