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Home My WebLink Aboutresolution.council.081-23RESOLUTION #081 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND JOHN DEERE EQUIPMENT. 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 1 John Deere tractor between the City of Aspen and John Deere Equipment, 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 the contract for 1 John Deere tractor between the City of Aspen and Potestio Brothers Equipment, 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 6t' day of June 2023. 1 Torre, Mayor I, Nicole Henning, 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, June 6t'', 2023. f C Nicole Henning, City Clerk DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2B09614B9 CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT CITY OF ASPEN City of Aspen Project No.: 2023-223 AGREEMENT made as of 26`" day of May, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Nick Oliver Parks Department 427 Rio Grande Pl. Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: Deere & Company c/o David Heizenrader davidhgpbequip.com 2000 John Deere Run Cary, NC2713 Summary Description of Items to be Purchased: lohn Deere 5100E Cab Tractor Ft4 Exhibits appended and made a part of this Agreement: Total: $68,590.29 If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: June 61h, 2023 Resolution No.: #81 Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Manufacturers Warranty to be supplied with signature from supplier DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2B09614B9 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 _220 Juniper Hill Dr. Cemetery Lane, Aspen, CO 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. _Manufacturers 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 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. Atoorney'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. DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2B09614B9 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. DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2B09614B9 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 $50,000.00 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. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2B09614B9 IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein, of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: Docusigned Ay: By: — a A Off Aspen City Manager 6/9/2023 1 3:06:56 PM PDT Date Approved as to form: Doe6SWnod by: 3zrar�f�seawar... City Attorney's Office SUPPLIER: Eb aoau.a tir: lz dsw�q6eA4&1'1-- David Heizenrader SALES MANAGER Title 5/30/2023 1 3:29:38 PM MDT Vate DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2B09614B9 EXHIBIT A: LIST OF SUPPLIES TO BE PURCHASED JOHN DEERE Customer: Quotes are valid for 30 days from the creation date or upon contract expiration, whichever occurs first. A Purchase Order (PO) or Letter of Intent (LOI) including the below information Is required to proceed with this sale. The PO or LOI will be returned if information is missing. Vendor: Deere & Company ❑ 2000 John Deere Run Cary, NC 27513 ❑ Signature on all LOis and POs with a signature line ❑ Contract name or number; or JD Quote ID ❑ Sold to street address (no PO box) ❑ Ship to street address (no PO box) ❑ Bill to contact name and phone number Bill to address For any questions, please contact: Bruce Smith Potestlo Brothers Equipment 19020 Longs Way Parker, CO 80134 Tel: 303.841.2299 Fax: 303-841-7039 Email: breces@pbequlp.com Bill to email address (required to send the invoice and/or to obtain the tax exemption certificate ❑ Membership number if required by the contract Quotes of equipment offered through contracts between Deere & Company, its divisions and subsidiaries (collectively "Deere") and government agencies are subject to audit and access by Deere's Strategic Accounts Business Division to ensure compliance with the terms and conditions of the contracts. DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2B09614B9 15 JOHN DEERE s P61 ESTiO EROTHfAs Iou�r.e+.r ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER' Deere & Company Potestia Broihors Equipment 2000 John Deere Run 19020 Longs Way Cary, NC 27513 Parker, CO 80134 FED ID: 36-238250 303-841-2299 UEID: FNSWEDARMK53 parker®pbequip cam Quote Summary Prepared For. Delivering Dealer - CITY OF ASPEN PARKS DEFARTMENT 555 CEMETERY LN Potestlo Brothers Equipment Bruce Smith ASPEN, CO 81511 19020 Longs Way Business: 970-6184716 Parker, CO80134 steve_batr@cityataspen.com Phone: 303-841-2290 bruoec@pbequip.com Quote ID: 28730556 Created Ow 01 May 2023 Last Modified On: 23 May 2D23 Expiration Date: 31 May 2D23 Equipment Summary Selling Price City Extended JOHN DE£RE 5100E CAB 5 68.590.29 X 1 TRACTOR FT4 Contract: Sourcawell Ag TracWm 110719-JDC (PG iP CG 70) Price Effective Dale: May 22, 2023 Equipment Tate! $ 68,69020 ' Includes Fees and Non -contract items Quote Summary Equipment Total $ 68,590.29 salesperson: x Trade In SUbTotal $ 68,690.29 Est. Servrcu $ 0-00 Agreement Tax Total $ 68,590.29 Down Payment (0.00) Rental AppYed (0.00) Balance Due $ 68,590M Canf4artia1 Accepted By: % DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2B09614B9 0 JOHN DEERE Selling Equipment Quote Id: 28730555 Customer Name: CITY OF ASPEN PARKS DEPARTMENT [i] POTESTIO IROTHems IOuI►MINT ALL PURCHASE ORDERS MWST BE MADE OUT ALL PURCHASE ORDERS MIST BE SENT TO (VENDOR): TO UEOVERING OEALEM Deere & Company Poteslio Brolhars Equipment 2D00 Jahn Deere Run 19020 Longs Way Cary, NC 27513 Parker, CO 80134 FED ID: 36-238259!7 303-841-2299 UEID: FNSWEDARMK53 parkengpbequip.com JOHN DEERE 5100E CAB TRACTOR FT4 Mrs: tack Number: antract: Sourcewell Ag Tractors 110719-JOC (PG 1 P CG Bailing Price 70) $ 68,590.29 rice Effective Date: May 22, 2023 ' Price per item - includes Fees and Non -contract items Code Description City List Price Discount% Discount Contract Extended Amount Price Contract Price 697SP 5100E CAB TRACTOR FT4 1 S 76A82.00 ir3.00 S 14,531.58 S 61,950A2 S 61,950.42 Standard Options -Par Unit 182A Less AutoTrac",;Less 1 $ 0.00 19.00 $ 0.00 3 0.00 $ 0.00 ISOBUS 183A JDI_tr*'m Capaue 1 $ 0.00 19.00 $ 0.00 $ 0.00 $ 0.00 0202 United States 1 $ 0.00 19.00 $ 0.00 $ 0.00 $ 0.00 0409 English Operators Manual 1 $ 0.00 19.00 $ 0.00 $ 0.00 $ 0.00 0500 Less Packaging 1 $ 0.00 19.00 $ 0.00 $ 0.00 $ 0.00 1383 PowrReverser7m HrLo 1 S 1,809.00 19A0 $ 343.71 $ 1,46629 $1,465.29 24F112R with 5401540E PTO 1725 Loader Prep Package 1 S 2,041.00 19.00 $ 387.79 $ 1,65321 $1,653.21 1950 LessAppllcabon 1 $ 0.00 19.00 $ 0.00 $ 0.00 $ 0.00 2050 Standard Cab 1 $ 0.00 19.00 $ 0.00 $ 0.00 $ 0.00 2120 Air Suspension Seat 1 S 871.00 19.00 S 165A9 $ 705.61 $ 705.51 3025 Deluxe Cornorpost Exhaust 1 $ 0.00 19-00 $ 0.00 $ 0.00 $ 0.00 3330 Triple Stackable Rear 1 $1,048.00 19.00 $199.12 $ 848.88 $ 848.88 Deluxe SCV's with Lever Control 3420 Dual Stackable Mid Vatves 1 $1,524.00 19.00 $ 289.56 $1,234.44 $1,234.44 vrlth Joystick Control 5112 18.4 - 30 In_ 8PR Ri Sias 1 $ 0.00 19.00 $ 0.00 S 0.00 $ 0.00 6D40 MFWD (Mechanical Front 1 $ 0.00 19.00 $ 0.00 $ 0.00 $ 0.00 Whom Drive) 6118 12.4 - 24 In. 8PR R1 Bias 1 $ 0.00 19.00 $ 0.00 S 0.00 $ 0.00 Standard Options Total $ 7,293.80 S 1,386.67 S 6.907.33 S 5,90743 TacFn_0- gy optionsmon-contracidopenINEW 1900 Less Display 1 $ C.CO m00 $ ado s 4.0d S O.d o 1880 Less Receiver 1 $ 0.00 19.00 $ D.00 $ 0.00 $ 0.00 ConrVenVal DocuSign Envelope ID: 9C95517C-24DA-403B-BF69-95D2BO9614B9 15 JoHN DEERE [z] Selling Equipment POTESTlfl ,R4i HERS Quota id: 28730556 Customer Name: CITY OF ASPEN PARKS DEPARTMENT ALL PURCHASE ORDERS MUST BE MAVE: OUT ALL PURC14ASE ORDERS MUST BE SENT TO (VENDOP4.' TO DELIVERING DEALER: Deere & Company Poldsltc Brwhera Equipment 2000 John Doere Run 19020 Longs Way Cary, NC 27513 Parker. CO 80134 FED 10.36-2382580 303-841-2299 11EtD. FNSWEDARkIK53 parker@phegdrlpx= Technology Options Total $ 0.00 5 D.00 S 0.00 $ 0.00 Dealer AttachmentslNon-ContractlOpun Market _ AL80127 Rear hluror l%eclwical - 1 $ 215.60 19.00 $ 40.96 $ 174.64 $ 174.64 Right AL80126 Roar Mirror Mochamcal - 1 $ 215.60 19.00 $ 40.96 $174.64 $ 174.64 Lett DZ102076 Engine Block Heater (120v) 1 $164.52 19.00 $ 31.26 $13326 $133.28 PBE Delivery 1 $ 250.00 0.00 $ 0A0 $ 250.00 $ 250.00 Dealer Attachments Total = 646.72 $11&19 6 732.64 $ 732.54 Value Added 5orvicos $ 0.00 5 0.00 $ 0.04 Total confidential