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Home My WebLink Aboutresolution.council.079-94 e - - RESOLUTION NO. ::J!1 Series of 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COWR~O, APPROVING A SUPPLY PROCUREMENT AGREEMENT BETWEEN WHITE BEAR SALES, INC. AND THE CITY OF ASPEN, COWRADO FOR THE PURCHASE OF TWO THREE-WHEEL PARKING ENFORCEMENT VEIDCLES, AND AUTHORIZ~G THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a supply procurern'ent agreement between White Bear Sales, Inc. and the City of Aspen, 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 supply procurement agreement between White Bear Sales, Inc. the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspenl to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen Ion the // day of ~ 1994. ~ ~ (~-~1~_;;1(- John S. Bennett, Mayor I, Kathryn S. Koch, 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 Asp~n, Colorado, at a meeting held on the day hereinabove stated. pkgveh.res n S. Koch, City Clerk ) e - e /~ -:Pee SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this 5th day of October, 1994, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and White Bear Sales. Inc., hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase two (2) 1994 00-4 Model P-35 three-wheel vehicles, hereinafter called the vehicles, in accordance with the terms apd conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said vehicles to the City as specified in its Bid, attached hereto as Exhibit" A" and by this reference incorporated herein. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the vehicles as describf:<! in the Contract Documents and more specifically in Vendor's Bid for the sum of Twenty-nine thousand. two hundred thirty eie:ht dollars ($29.238.00). 2. Delivery. (FOB 1080 Power Plant Road, Aspen, Colorado.) 3. Contract Documents. The Contract Documents that are hereby made a part of tQis Agreement as if fully set forth herein shall include Vendor's Proposal, Bid or Sales Estimate attached hereto as Exhibit "A". 4. Warranties. (As described in Exhibit "A".) 5. Successors and Assigns. This Agreement and all of the covenants hereof shall in\lre 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 npr 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 rights to claim damages or to bring any suit,action or other proceeding against either the City or Vendor because of a!Jy breach hereof or because of any of the terms, covenants, agreements or conditions her~in contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants pr conditions hereof to be performed, kept and observed by the other party shall be construed, pr operate as, a waiver of any subsequent default of any of the terms, covenants or conditiohs herein contained, to be performed, kept and observed by the other party. 8. Ae:reement Made in Colorado. The parties agree that this Agreement was made in e e - 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 ~he provisions of this Agreement, the prevailing party shall be entitled to its costs and reasona1;>le attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through ~he mutual efforts of the parties hereto and the parties agree that no construction shall be made I 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 Ree:arding Debarment. SusDension. Ineligibility. and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its princip<l1s is presently debarred, suspended, proposed for debarment, declared ineligible or voluntariJy excluded from participation in any transaction with a Federal or State department or agen'fY. It further certifies that prior to submitting its Bid that it did include this clause withqut 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 this statement,an explanation was attached to the Bid and was determined by the City to be satisfactory to ~he City. 12. Warranties Ae:ainst Contingent Fees. Gratuities. Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit lor 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. Vendor agrees not to give any employee or former employee of the City a gratuity or ahy offer of employment in connection with any decision, approval, disapproval, recommendatiqn, preparation of any part of a program requirement or a purchase request, influencing the cont~nt of any specification or procurement standard, rendering advice, investigation, auditing, or in 1If1Y 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 solicitatipn or proposal therefor. 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 disclos~ at the time City Council approved the execution of this Agreement. In addition to other remedies it may have for breach of the prohibitions against conting~nt fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. 2. Cancel this Purchase Agreement without any liability by the City; Debar or suspend the offending parties from being a vendor, contractpr or sub-contractor under City contracts; Deduct from the contract price or consideration, or otherwise recover, the 3. e e e 4. value of anything transferred or received by the Vendor; and Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by tris 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 lind 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 otherwjse made available. If this Agreement contemplates the City utilizing state or federal funds to m~t 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 amountiof 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, handic~p, or religion shall be made in the employment of persons to perform under this Agreeme~t. Vendor agrees to meet all of the requirements of City's municipal code, section 13-Q8, pertaining to non-discrimination 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 Contr~ct Documents shall constitute the contract between the parties and supersedes or incorporates arty prior written and oral agreements of the parties. Any 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 authorizj:xl representative of Vendor for the purposes of executing this Agreement and that he/she has f\1ll and complete authority to enter into this Agreement for the terms and conditions specifi~ herein. 19. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Agreement shall be subject to the City bf Aspen Procurement Code, Chapter 3 of the J\;funicipal Code. J - IN WITNESS WHEREOF, The City and tho Vendur. respectively have caused thi.!> Aa;reeltlt.llt to be duly eXecuted the da.y and yr:ar fit.! herein writtcllln two (2) copies, all of which, to Illl intenta and purpoSell, shall be conllldered as the original. FOR THE CITY OF AB~; By: veNDOR: W\"".\.f~ ... n...fOtr 'sco'\.w :r...."... By: I --r. ~ s."'.....~...r \lr.." ~--\ Title. . p.tJY':h.""t e