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Home My WebLink Aboutresolution.council.076-23RESOLUTION # 076 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO AND LARRY H MILLER CHRYSLER DODGE JEEP RAM 104TH, 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 to purchase two 2023, Dodge Ram Pursuit, a copy of which document is annexed hereto and made a part thereof. 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 a contract with Larry H Miller Chrysler Dodge Jeep Ram 104', a copy of which document is annexed hereto, and does hereby authorize the City Manager of the City of Aspen to execute said document on behalf of the City of Aspen. INTRO UCED, REAP AND ADOPTED by the City Council of the City of Aspen on the day of 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolut'on ado ted by the City Council of the City of Aspen, Colorado, at a meeting hei 023. Nicole Henning, C1 y Clerk DocuSign Envelope ID: 33D15100-39F1-4F4E-B94F-321EB69B1708 Attachment B /V► CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN SUPPLY PROCUREMENT City of Aspen Project No.: 2023-208. AGREEMENT made as of 15 day of May, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: Larry H Miller Chrysler Dodge Jeep Ram 104th c/o Mark Glover 1800 West 104'h Avenue Thornton, CO 80234 Phone: (303)469-1931 Summary Description of Items to be Purchased: 2023 Dodge Durango Pursuit (2 vehicles) Exhibits appended and made a part of this Agreement: Exhibit A: Vehicle Quote Total: $ 91,234 for 2 vehicles 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: Resolution No.: DocuSign Envelope ID: 33D15100-39F1-4F4E-B94F-321E869131708 The City and Vendor agree as set forth below. 1. llurch<ise. 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. Delive . (FOB _540 E Main Street, 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. The factory warranty is: 3-year/36,000-miles Basic Warranty Coverage aka "bumper to bumper" 5-year/100,000-miles Fleet Powertrain 5. Successors and Assigns. This Agreement and all 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. DocuSign Envelope ID: 33D15100-39F1-4F4E-B94F-321E869131708 it. 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: 33D15100-39F1-4F4E-B94F-321E86961708 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 l 3-98, 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: 33D15100-39F1-4F4E-B94F-321E869B1708 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: ACcu%gnad by: : By 7I1Adf171 dFF 10A7A _ Aspen City Manager 6/9/2023 1 3:04:58 PM PDT Date Approved as to form: �oeuElpn.a by. Mwow City Attorney's Office SUPPLIER: A�D�ow�r�7y/mWLby,: By:. Mel Glover Fleet/commercial Sales Director Title 5/30/2023 1 10:14:12 AM MDT Date DocuSign Envelope ID: 33D15100-39F1-4F4E-B94F-321E869B1708 I_��:.11:3 Y �i1 dL�l siCl��1TIiL� ITT1 [� Exhibit A 1800 Weal 104th Avenue ihoTntan, CO 00234 main; 303-AN-19M tax: 303-469-2520 m'.CX"It www, ..lenverJaap.com wrr; slrr i70.'.lf;;'.If.'n;; Rent 1041 Driven By You. May 4th, 2023 City of Aspen Colorado 427 Rio Grande Place Aspen, CO 81611 Attn: John Woltjer, Patrol Officer 4 & Fleet Manager, Aspen PD Re: 2023 Durango Pursuit Officer Woltjer, Per our phone conversation on Wednesday, May 3`d, government price quote for a 2023 Dodge Durango Pursuit*, from current available fleet inventory: 1. Per State of Colorado Agreement # 178619 for the 2023 Model Year Vehicles — K8 Body Code; $54,446.00 2. Option # 259 (Paint Charge/Destroyer Gray); $395.00 3. Option # 655 (Black Left LED Spotlight); $585.00 4. Option # 758 (Delete CSP Specs);-511,146.00 5. OEM Option A7X9 (Cloth Front Bucket/Vinyl Rear Bench); $121.00 6. OEM Option CUG (Mini Police Floor Console); $856.00 7. OEM Option WP 1 (18" Aluminum Rims/Wheels w/Full Size Spare with Steel Rim); $360.00 8. Delivery Charge (City of Aspen Fleet Maintenance Facility); $450.00* Total is $45,617.00 FOB per unit *See attached sheet for list of exact vehicle specs, delivery charge reduced to $150.00 per on purchases of 5+ u ' d delivery is 10 to 30-Days ARO. Mel Glover Fleet/Commercial Sales Manager Larry H Miller Chrysler Dodge Jeep Ram 104th Direct: 720-240-2025 Email: Mel.Glover@lhmauto.com Cww' aeeswf Jew 17. =ALM DocuSign Envelope ID: 33D15100-39F1-4F4E-B94F-32lE869B1708 2 �OO6E Fo RcravSdD4WArhk wrN.11Ddpe.can FCA US LLC 0 DURANGO PURSUIT AWD ,,ro.7s end Raw Prfu: iitpl5 rArzwo, 1ArMS Si.NN SW J'ND�n p, Lo•n 1l iuiLL $ f ryU 0 � � MP,G rD,. w,,.tir•...iv Lw� 14 22 In Su¢l costs arA,gSAo r.+rtuntrnonrrre.sle..,.,�� +vlw.Nmo�lr�rsrwr .r a,.�r..w:.:. 14,.1 Y..rA[,nere su. per/e.AeM fwr+'+ryiww u19 w `` rwlFeDmmvrWwNDu„fir R,IlnY exnrwa 8—s RAing—�i yrlkq,M,wIMA veyfa,b.w Mnud,lwlNpsi +v.A,w,nw w,aawP. raw C.rwlr,byhM/W fRo $3,000 iw�w—:tw.,ar rrr snnrlwSmmsrr sxsnf s.r.. v..rw� r-rr,uaaw.rrwww. I Aa�Iu.,l,�r,.ryf,r p,mr.e. Urp ML Nrrw�..,, Is.wu.rwm r e,l. TOTAL PRICE:' fA1,6T0 AM1µ, rnomsr, ar.c�, qW y.rrcaA�ICd Y+IRISLON ICN! M f pAfGil7N ''°'�f""'U•G �r,r Fclew.n...a'u.•=A"^' Tn'.vnlselanw ru:[wvn.aso by Nle bear--ffl FORVEIRCLE91N INI4CARl1N1: �,.,�„ � •w0.mh, �Ar,,•rrewa.r,• lnvrr.Li rvnJn :•:D: r. trw�ai creah,s4la un:n. or O.SJCANAOUiN PARTS CONTENT: 18% h.,.<m►wp... u. [ar...} wt. w� rNWWrnk. wjM yWRCES OF FORU7n PARTS 'v....lw,ew 5YLAR1 wir NueD. sFA 11GrWA4.wr COWIRTRAIR WARRA[[TT 45 = W i ;,rSrerXwVF,rO FOR TR391�E1lRE IRnr,sr rrwi..rf.d W.w bew FYW ASSENtiLi PpNIF: Arun M DLTROIT. WCHWAM U341L c+A,+w+ww' Mw,LC.wt•N.w nl..ewrw-fv COWfrRT"OF CNWNE. AE%lCABEASLWT .n n+wd+M.eAe _ ,L.. Rn,O' woww.uhs ., r.0 me PRCTiCTION 1CA-SDgqf'[If4%w] r I cl ff- -rm:L-�- i1 r _ F or 090romim!— ■_■ - - - ■ — tf 0% a