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HomeMy WebLinkAboutresolution.council.010-98 RESOLUTION NO. 1{2) Series of 1998 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND WAGNER EOUIPMENT COMPANY , AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and Wagner Equipment Company. a copy of which contract is annexed hemto and made a part thereof. NOW, WHEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and Wagner Equipment Company. a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ 2 , 1998. Mayor I, Kathryn S. Koch, duly appointtxt and acting City Clerk do certify that the foregoling is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado at a meeting held ~. ~ 1998. SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BIDNO. t998 - 1FM THIS AGREEMENT, made and entered into, this day of 1998, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and WAGNER EQUIPMENT CO., hereinafter referred to as the "Vendor," WITNESSETH. that whereas the City wishes to purchase One, ('1), 143H. 6 wheel drive. articulated motor ~lrader with snow win.q, and two. (2). 928 front-end loaders hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the COntract Documents and any associated Spedfications, and Vendor wishes to sell said UNIT to the City as spedfled in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerat'~ns hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendors Bid for the sum of Two Hundred Eighty- five Thousand, One Hundred Eie~hty-Two Dollars and NO cents. ($ 285.182.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement sha~l include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. Bonds for the guarantted buy-backs shall be due upon delivery of the machines. 4. Warranties. A full description of all warranties associated with this purchase shall accompany this contract document. Specifically, total machine Govemmental Warranty for 7 years or 5,000 hours, whichever comes first. 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 dght to assign, transfer or sublet its interest or obligations hereunder without the wntten consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or cons'u'ued 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 dghts 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 9. A~omev's Fees. In ~e event that legal a~on is n~ssa~ to enfo~ Provisions ~i~ent, ~e Prevailing pa~ shall be entitled to i~ ~sts and any of ~e a~omey's fees. reasonable 10. Waiver of Presum ~on. This Agreement was negotiated and reviewed ~ugh ~e mutual effo~s of the Pa~ies hemto and the pa~ es agree ~at no cons~ion shall be made or P~sump~on shall adse for or against eider pa~ based on any allied unequal status of ~e pa~es in ~e nego~a~on, review or d~ng of ~e Ag~ement. ~ ~. ~%~ion Re ardin De Vendor ~fies, by a~p~n~ of ~i~' ,~ent 8us ~ensi~~ '~~~~~ deba~ed, suspended, P~s~ for deba~ent, d~lamd Pa~pa~on in any ~nsa~ion ~th a Fede~ or Star ineligible or volunta~ly ex~uded f~m tansa~ions, so citrons, P~Posals cont~s and sub~nt~s. In the event that vendor or any , ' in all Io~r ~er lower ~er Pa~pant was unable to ~ to this statement, an explanation ~s a~ched to ~e Bid and ~s dete~ined by ~e C~ to be sa~sfa~o~ to ~e Ci~. 12. Wa~n~es A ainst Con~n ent Fees G~tui~es ~ba~s and Confi~s of Inte~,;~. Vendor wa~nts ~at no Pe~on or selling agen~ has been emp oyed or ~ined to soli~t ~r se~re ~is Con~ u~n an ag~ement o~ unde~nding for a ~mmission, Pe~ntage, b~ke~ge, or ~n~ngent fee, ex~p~ng bona fide employees or bona fide established ~mme~al or selling agen~es maintained by the Vendor for the Pu~ose of se~dng business. ' Vendor agrees not to give any employee or foyer employee of the Ci~ a g~tui~ or any offer of employment in ~nn~on w~ any d~ sion aPp~val disapp~val ~mmenda~on PmPa~tion of any pa~ of a P~g~m requirement or a Pu~hase request, influencing ~e ~ntent of any sPeci~on or Procumment standa~, ' ' ' ~nde~ng advi~, investiga~on, auditing, or in any o~er adviso~ ~pa~ in any P~ing or aPPli~tion, r~uest for ~ling, dete~ina~on ~aim or ~nt~ve~y, or other Pa~cular ma~e~ Pe~aining to this Agreement, or to any solicita~on or P~posal ~erefor. ' , Vendor raPresents ~at no o~al, o~r, employee or ~P~sen~ve of ~e Ci~ dudn9 ~e te~ of ~is Agreement has or one (~} year thema~er shall have any inte~s~ dire~ or indi~, in this Agreement or the P~eds ~e~of, ex~pt ~ose ~at may have been disposed at the ~me Ci~ Council aPp~ved the exe~on of ~is Agreement. 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 sub-contractor under City contracts; 3. Deduct from the contract pdce or consideration, or othenNise 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 cancelled 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 utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of 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 $10,000.00 it shall not be deemed valid until it has been approved by the City Coundl 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 non-discrimination in employment. Vendor further agrees to comply with the letter and the spldt 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 wdting 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 spedfled herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agmen~nt to be duly executed the day and year first herein wdtten in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. ATTEST: VENDOR: Title. purchagr. bid