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HomeMy WebLinkAboutresolution.council.006-96 e .. . e _,'J (,I RESOLUTION NO. ~ (Series of 1996) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND TENNANT CORPORATION, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF A TENNANT 830 SWEEPER, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Tennant Corpo- ration, a copy of which contract is annexed hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1 That the City Council of the City of Aspen hereby approves that contract between the city of Aspen, Colorado, and Tennan't Corporation regarding the purchase of a Tennant 830 Sweeper, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the city Manager to execute said contract on behalf of the C~s~. 1996. Dated: ~L /-;~ Johd S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accura.te copy of tha"t e ~~~_____~U_~ Colorado, at a meeting held resolution adopted by the City Council of the City ",.::;U~tU.,. y / ~ f 2 of Aspen, , 1996. j~~ Koch, city Clerk ~_.___~ft_>_. PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each reque.<;L, If r review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,000 - i ire City Manager approval. They do not require competitive bids but require documentation of source selection )!- 'ess. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over $25,000 require City Council approval. ALL CONTRACTS Procurement Descript ion: Tennant 830 Street Sweeper proje~t #: 96-3 Budget estimate: $ 84.771.70 Is proposed expenditure approved in the Department's Budget? ~ Yes L-L No Explain process for vendor selection: Sole Source. Sold only through f;::If-.rnry nllrlptR. i:nRtp;::l(l Or rnmpptit.ivp dpt=lLeLs. 01 IOLI/ 96; Dept. Head approval of propos~~) CONTRACTS OVER $2.000 AND UNDER $10.000 li.actor/vendor Selected: I,~/ Dept. Head approval: E/ / City Attorney review: Original signed contract documents / I / City Manager Approval: to City Clerk, Department and to Vendor/Contractor' CONTRACTS OVER SI0.000 / I / RFP or ITS Completed: AJ If/- / I I Eng. Dept. Review: AJ/l I / / RFP or ITS Reviewed by City Attorney: / I _/ 1st Advertisement I / / 2nd Advertisement (Attach Advertisement) / / J Bid Opening: ;.J /;4- '~;;;;;;7~:',::'~~,,!k W~~/' / / / Award letter sent~ _ -- J IZj/1"~/ 3 signed contracts returned by vendor/contractor. ~ Performance and Payment Bonds received ~ Certificate of insura~ce rec ived ~ I / 'jOfl~~/ Finance Department Review: ~ If Over $2S,OOO, 1/t!i;/9bl Prepare Co r memo and resolution for City Council Approval. Q~ :;:: :::::~:YA::;~::: ~~ / / / Notice :0 p:oce~CitY Manager ApprovaL: (}~ ----- Original signed contract documents to City Clerk, Department and Contractor/Vendor e e e .. _ ...._ ''''''''''''''H_ SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. I996-2FM rRl3;Z/JIfKY lZ- THIS AGREEMENT, made and entered into, this 1 .111y-----ffi of 1996, by and between the City of Aspen, Coloradr:, hereinafter referred to as the "City" and TENNANT CORPORATION. hereinafter referred to as the "Vendor." 'I WITNESSETH, that whereas the City wishes to purchase ONE (1) TENNANT 830 SWEEPER. hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of EIGHTY-FOUR THOUSAND. SEVEN HUNDRED TWENTY-ONE DOLLARS AND SEVENTY CENTS. Dollars ($ 84,721. 70) . 2. Delively. (FOB 1080 POWER PLANT RD. ASPEN, CO) 3. Contract Documents. This Agreement shall 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. 4. Warranties. S-PIX rFJ,~, I J::fAH S ) (As described ( Z:4, Plp.vT;f~ ?CoMtJ T/t9"v I'i'-L ? / ~;ffV fi?:17 . . 1 i i 'FEfH T^ "eAL In .s:.gcfU;PI .U"::I:: - 11 V1 d.e Z,4CCJ 1fo,J~:;)~ A-:PP,GU:PIX A 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. e e e .. IlIIIiB .........,Il..1mU 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or paJties, 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 bedlUse of any breach hereof or because, of any of the terms, covenants, agr,eements 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. Attornev'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 Presumotion. 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. I I. Certification Regarding Debarment. Susoension. Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debaned, 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 this statement, an explanation was attached to the Bid and was determined by the City to be satisfactOlY to the City. e e e 12. WarrantiesAgainst Contingent Fees, Gratuities, Kickbacks and Conflicts of 1nterest. Vendor wan'ants thatlno person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, bliokerage, or contingent fee, excepting bona fide employees or bona fide establishJd commercial or selling agencies maintained by I ' the Vendor for the purpose of sefuring business. Vendor agrees not to give any employee or former 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 nding, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation 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 disclosed at the time City Council approved the execution of this Agreement. 1n 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 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 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. e e e 14. Fund Availability. Financial obligations of the City payable after the cUlTent fiscal year are contingent upon funds for that purpose being appropriated, budgeted and othelWise 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 AtJoroval. If this Agreement requires the City to pay an amount of money in excess of $1 0,000.00 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 pelform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, peltaining to non-discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado AntidiscriminationACt 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 pmties. 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 Reoresentative. 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 pUlposes of executing this Agreement and that he/she has full and. complete authOlity to enter into this Agreement for the terms and conditions specified herein. e e IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. ATTEST: C~) purchagr.bid FOR THE CITY OF ASPEN: By: il~ '-- VENDOR: ~ TENNANT COMPANY Title. .- ..........................""""'........- ~ .- lEA USJ: Dirt, sand, litter, debris and dust. They are tough to control, tough to sweep. But not for the Model 830 from Tennant. It is a sweeper designed from the ground up to clean-sweep all kinds of dirt and debris, wet or dry, without creating a dust nuisance. No other machine in its class can deliver that kind of performance. A unique sweeping system that is effective on rough or smooth surfaces is the key to the ModelS30's impressive performance. It combines an efficient cylin- drical main brush with a high speed transport system that empties nearly 4 tons of waste into the rugged, stainless steel hopper. Main brush dust is controlled without water by powerful, twin vacuum fans and a '. .@' highly efficient, rot-resistant dust filter. Excepljonalmaneuve~ ability lets it clean areas too congested for larger units, while its high capacity saves time spent travelling to dump sites. What's more, it was ergonomically designed for operator comfort and maxi- mum control of the sweep- ing process. ''!~,- ....'-~ -~-_:'~-~..'. '.>--~,?' Stainless steel hopper holds up to 3.4 cubic yards of debris. A Self-adjUstinJ brush hurls de, high-speed tra system. -- ........... "'H_ Main brush dust is pulled by twin, high-volume vacuum fans into a long-lasting, high-capacity, enveiope filter to remove dust particles and exhaust clean air. ~ ~' ','Co, ", Exceptional visibility, forward and side, aids sweeping effec- tiveness and safety. m m I , f, ... ldrical lto a t Power, 4-wheel steering gives the machine impressive maneuverability" to easily sweep around obstacles and corners. ''2(N~2 ~.~ - :i;~; ~~ ENNAN . Certain restrictions may appiy. Contact your (Continental U.S. and Canada). local Tennant representative for details at -800-553-8033 " In addition to the above coverages, If any problems are experienced with your machine, you will allow us adequate time to respond to and correct the problem. We will respond to your request for assistance withing 48 hours (two working days). Any corrective action necessary will be given our highest priority. .. .. You perform routine maintenance as outlined in the machine manual. Your local Tennant sales representative will install the machine after it arrives at your facility, instructing your personnel how to operate and maintain the machine in accordance with the operation manual. .. PROVISIONS *For If you are not machine, you The Tennant "Ultimate Performance Guarantee" states that, for your machine, your satisfaction in the product is guaranteed the fIrst six months following the date of installation of subject to the provisions listed below. Keeping you as a satisfIed customer I 2. 3. 4. Model 186!l86E Model 11 86/1186E Model 2l5/2l5E Model 235/235EV is a number one priority with us 5 6. 7. 8. Model 355 Model 355E Model 385* Model 800* 9. 10. 11. 12. Model 810* Model 830 Model 5700 Model SlOE I Covered under the 'Ultimate Performance Guarantee" are: "Ultimate Performance Guarantee" <~r. - all other provisions of our normal warranty will apply these models, the Tennant "UPO" expires 12 months after date of satisfied after all reasonable efforts have been made to resolve any concern with may return it to us for a full refund of your original purchase price 13 14. 15. 16. 17 Model Model Model Model Model 550/550E 1550 8400 530E 528 I ~;,~.,.,,~';.- installation. the performance of your ,; .p, " " .::':"~ i~' TENNANT , ?E:l~~'~~>-::'-~ :i::'~~:':'