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HomeMy WebLinkAboutresolution.council.068-26RESOLUTION #068 (Series of 2026) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND KEN GARFF FORD GREELEY AND 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 (2) Ford F150 Hybrid Pickup Trucks between the City of Aspen and Ken Garff Ford Greeley, 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, COT ORADO, That the City Council of the City of Aspen hereby approves that Contract for two (2) Ford F 150 Hybrid Pickup Trucks between the City of Aspen and Ken Garff Ford Greeley 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. RESOLVED, APPROVED, AND FINALLY ADOPTED by the City Council of the City of Aspen on the 26th day of May, 2026. 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 May 26th, 2026, 19 Nicole Henning, City clerk Docusign Envelope ID: E10DC15B-EF45-81 F4-812D-FCEFB60577EC CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT AGREEMENT made 2026-04-23. BETWEEN the City: The City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Ken Garff Ford Greeley 4901 W 29th St Greeley, CO 80634 US 9702367129 jwieneke@kengarff. com For the Following Project: 2026 Fleet Replacement Two Police F 150s r�-A.l CITY OF ASPEN City of Aspen Contract No.: 2026-168 Contract Amount: Total: $104,712.00 If this Agreement requires the City to pay an amount of money in excess of $1001000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. Exhibits appended and made a part of this Agreement: CitX Council Approval: Date: Resolution No.: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: State of Colorado Price Agreement Contract Number 202643 Supply Procurement Page 0 Updated 08/2025 Docusign Envelope ID: E10DC15B-EF45-81 F4-812D-FCEFB60577EC 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A The City and Vendor agree as set forth below. 1. Delivery. (FOB City %J Aspen) [Delivery Address] 2. 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. 3. Warranties. See Exhibit AB. 4. 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. 5. 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. 6. 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. 7. 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. 8. Attornev�. 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. 9. 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. Supply Procurement Page 1 Updated 08/2025 Docusign Envelope ID: E10DC15B-EF45-81F4-812D-FCEFB60577EC 10. Certification Reaardina Debarment, Suspension, Inelimbili Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it or 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. 11. (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: l . 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. 12. 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. Supply Procurement Page 2 Updated 08/2025 Docusign Envelope ID: E10DC15B-EF45-81F4-812D-FCEFB60577EC 13. 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. 14. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $1001000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 15. 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 Bwmm%, 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 16. 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. Supply Procurement Page 3 Updated 08/2025 Docusign Envelope ID: E10DC15B-EF45-81 F4-812D-FCEFB60577EC 17. 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. 18. 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. 19. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85401, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501.11. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional's failure to comply with § §24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85403(2.5). 20. Order of Precedence of Contract Documents. The terms and conditions set forth in the City of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of the parties. No additional or different terms or conditions, whether contained in bid packets, documents, order forms, or any other document or communication pertaining to the agreement will be binding upon the City of Aspen unless accepted in writing by an authorized representative of the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Form of Agreement Supply Procurement Page 4 Updated 08/2025 Docusign Envelope ID: E10DC15B-EF45-81 F4-812D-FCEFB60577EC and any other document attached thereto which cannot be resolved by giving effect to both provisions, the City of Aspen Standard Form of Agreement shall control. 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: By: Signed by: ltfto� 5fm&w 7753E0500940430... 5/28/2026 � 8:28:51 AM PDT Date DocuSigned by: City Attorneys Office SUPPLIER: By: Title Date DocuSigned by: i�iw�.t,l�t, John Wieneke commercial Account Manager 4/23/2026 � 8:33:40 AM PDT Supply Procurement Page 5 Updated 08/2025 d docusign. Certificate Of Completion Envelope Id: E10DC15B-EF45-81F4-812D-FCEFB60577EC Subject: Complete with Docusign: 2026_Fleet_Replacement_Two_Police_F150s_Contract.pdf Source Envelope: Document Pages: 6 Signatures: 2 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTG07:00) Mountain Time (US & Canada) Record Tracking Status: Original 5/27/2026 4:48:50 PM Security Appliance Status: Connected Signer Events Katharine Johnson kate.johnson@aspen.gov City Attorney Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/6/2021 3:40:29 PM ID: 356e51 a4-82fd.4dce.a85a-53a27dca34ba Pete Strecker pete.strecker@aspen.gov City Manager Pete Strecker Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/28/2026 9:28:43 AM ID: f7bf806d-776d4884-866e-e8OeO5l28fOe In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Nofiary Events Envelope Summary Events Envelope Sent Holder: Nicole Henning nicole.henning@aspen.gov Pool: StateLocal Signature DocuSigned by: G 1fVn"n 32737E149ED5457... Signature Adoption: Pre -selected Style Using IP Address: 64.39.229.1 Signed by: 7753E0500940430.., Signature Adoption: Pre -selected Style Using IP Address: 64.39.229.1 Signature atus St Status Status Status Status Signature Signature Status Hashed/Encrypted Status: Completed Envelope Originator: Nicole Henning 427 Rio Grande Place Aspen, CO 81611 nicole.henning@aspen.gov IP Address: 64.39.229.1 Location: Docusign Timestamp Sent: 5/27/2026 4:49:37 PM Viewed: 5/27/2026 4:51:43 PM Signed: 5/27/2026 4:52:02 PM Sent: 5/27/2026 4:49:36 PM Viewed: 5/28/2026 9:28:43 AM Signed: 5/28/2026 9:28:51 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 5/27/2026 4:49:37 PM Envelope Summary Events Status Timestamps Certified Delivered Signing Complete Completed Security Checked Security Checked Security Checked 5/28/2026 9:28:43 AM 5/28/2026 9:28:51 AM 5/28/2026 9:28:51 AM Payment Events Status Timestamps Electronic Record and Signature, Disclosure Electronic Record and Signature Disclosure created on: 5/27/2020 1:57:50 PM Parties agreed to: Katharine Johnson, Pete Strecker ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Aspen we, us or Company) maybe required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given is. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Aspen: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: tara.nelson@cityofaspen.com To contact us by paper mail, please send correspondence to. City of Aspen 130 S Galena Aspen, 81611-1902 To advise City of Aspen of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at tara.nelson@cityofaspen.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Aspen To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to tara.nelson@cityofaspen.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Aspen To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to tara.nels%J %L i yofaspen.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsgpport.docusi ng com/guides/sig_ner- tgi, ide_ si ng_ing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (1) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify City of Aspen as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Aspen during the course of your relationship with City of Aspen.