HomeMy WebLinkAboutresolution.council.013-96
e
e
I "--"('Ai
RESOLUTION NO. 1.3
(Series of 1996)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND WHITE STAR MACHINERY AND SUPPLY, SETTING FORTH THE
TERMS AND CONDITIONS REGARDING THE PURCHASE OF TWO SKID STEER
LOADERS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CON-
TRACT 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 White Star
Machinery and Supply, 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 White Star
Machinery and Supply regarding the purchase of two skid steer
loaders, 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 City of Aspen.
Dated: ap~ "-:b , 1996.
s~n~:::::-
John
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
e
e
e
resolution adopted by the City Council of the city
Colorado, at a meeting held ~ ~~
2
of Aspen,
, 1996.
~f&
PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST
Jnstructions: This form should be completed at each step of the procurement process and should follow each reques:
::a~view or approvaL Contracts under $2,000 require only Department Head approval, Contracts over $2,000
:.re City Manager approval. They do not require competitive bids but require documentation of source selection
process. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process lS
required. Contracts over $25,000 require City Council approval.
,
All roNTRACTS
I! T"o (2) Small Artl'culating Tractors And
Procurement Description: ~
n Two (2) Skid Steer Loaders
proje~t #: 96-1
Budget estimate; t 81,500.00
J s proposed expendi ture approved in the Department's Budget? ~ Yes
L-L No
Explain process for vendor selection:
Bid Process - Bid No. 1996 - 1FM -]3
Bid openinq.
January 18, 1996
1 2 /27 B 5/ Oep! _ Head approva l of propos a .
CONTRACTS OVER $2,000 AHD UNDER $10.000
ctor/Vendor Selected:
i Dept. Head approval:
1 1
/ City Attorney review:
,
I / / City Manager Approva l :
Original signed contract documents to City Clerk, Department and to Vendor/Contractor
mNTRACTS OVER S10.000
I /. / RFP or ITS Completed:
I / / Eng. Dept. Review:
I / / RFP or ITS Reviewed by City Attorney:
/ / / 1st Advertisement
,I IllftlJb' Bid Opening, ~'
Contractor/Vendor Selected: ~
Dept. Head approval~-
Awa,d lette, sent, ~~
1
1
I 2nd Advertisement
(Attach Advertisement)
I} 1 '<<1'161
~I ~/lb
~ t1fhlb
:5~
l1ujuKtJry 4- {}1Af!j'1
3 signed contracts returned by vendor/contractor.
~ Performance and Payment Bonds received
~ Certificate of insurance received
/ / / Finance Department Review:
J fa $25,000, / / / Prepare
J.3h City Attorney Review.
S /7~ /~, ci ty (ounci t Approval
Cover memo and
~ jJ}t/
resolution for City Council Approval.
/ / / City Manager Approval:
/ / / Not i ce to Proceed
Original signed contract documents to City Clerk, Department and Contractor/Vendor
e
e
e
I
MEMORANDUM
To:
Mayor and Council
~y Margerum C~
Thru:
From:
Jack Reid
Date:
March 20, 1996
Subject:
Contract approval. White Star Machinery & Supply
SUMMARY:
Staff recommends approval of the contract to purchase two (2) Skid Steer Loaders from
White Star Machinery for $48,277.00.
PREVIOUS COUNCIL ACTION:
The Asset Management Committee approved this purchase in the 1996 Asset
Management Plan. City Council approved the 1996 Asset Management Plan in the
1996 Budget.
CURRENT ISSUES:
The units are to be purchased, 1 each, by the Parks Dept. and the Street Dept.
FINANCIAL IMPLICATIONS:
The 1996 Asset Management Plan contains the approved budget for this purchase.
PROPOSED MOTION:
I move to approve Resolution # ~ of 1996, on the Consent Calendar of March 25,1996.
CITY MANAGER COMMENTS:
MEMORANDUM
To:
Mayor and Council
';'11'/
Amy Margerum \)Jvj
Thru:
From:
Jack Reid
Date:
March 20, 1996
Subject:
Contract approvaL White Star Machinery & Supply
SUMMARY:
Staff recommends approval of the contract to purchase two (2) Skid Steer Loaders from
White Star Machinery for $48,277.00.
PREVIOUS COUNCIL ACTION:
The Asset Management Committee approved this purchase in the 1996 Asset
Management Plan. City Council approved the 1996 Asset Management Plan in the
1996 Budget.
CURRENT ISSUES:
The units are to be purchased, I each, by the Parks Dept. and the Street Dept.
FINANCIAL IMPLICATIONS:
The 1996 Asset Management Plan contains the approved budget for this purchase.
PROPOSED MOTION:
I move to approve Resolution # ~ of 1996, on the Consent Calendar of March 25, 1996.
CITY MANAGER COMMENTS:
-,
e
"~\
;J
-
• SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 1996-1FM-B
THIS AGREEMENT, made and entered into, this_day of 1996, by and between
the City of Aspen, Colorado, hereinafter referred to as the "City" and White Star Machinery& Supply,
hereinafter referred to as the "Vendor."
WITNESSETH, that whereas the City wishes to purchase Two (2). Bobcat Skid-Steer
Loaders with specified attachments and extended warranties 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 Forty-Eight Thousand" Two
Hundred Seventy-Seven and NO Cents Dollars($48"277.00).
1 Delivery. (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. (As described in section headed TECHNICAL SPECIFICATIONS). Purchase
price includes 60 month"Protection Plus" extended warranty as outlined in sealed bid proposal.
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.
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 any breach hereof or
because of any of the terms, covenants, agreements or conditions herein contained.
{
• 7. Waivers. No waiver of default by either parry of any of the terns, 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.
11. 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 this 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.
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.
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 ruling, 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.
L
• 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 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 Citv.
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.
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 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 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 13-98, 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 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.
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.
FOR THE CITY OF ASPEN:
By:
ATTEST:
City Clerk
VENDOR-
i � ,>
Title.
purchagr.bid
•