HomeMy WebLinkAboutresolution.council.018-96
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RESOLUTION NO. /t3
(Series of 1996)
A RESOLUTION APPROVING THE TERMS AND CONDITIONS OF CONTRACTS
BETWEEN THE CITY OF ASPEN, COLORADO, AND (A) L.L. JOHNSON
DISTRIBUTING COMPANY FOR THE PURCHASE OF TWO SMALL ARTICULATING
TRACTORS AND TWO SKID STEER LOADERS, AND (B) GLENWOOD SPRINGS
FORD FOR THE ANNUAL FLEET VEHICLE PURCHASE, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACTS ON BEHALF OF THE CITY OF
ASPEN
WHEREAS, two contracts have been submitted to the City
Council between the City of Aspen, Colorado, and (a) L.L. Johnson
Distributing Company, and (b) Glenwood Springs Ford, copies of
which contracts are 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
two contracts between the City of Aspen, Colorado, and (a) L.L.
Johnson Distributing Company regarding the purchase of two small
articulating tractors and two skid steer loaders, and (b)
Glenwood Springs Ford regarding the annual fleet vehicle
purchase, copies of which are annexed hereto and incorporated
herein, and does hereby authorize the City Manager to execute
Dated:
on behalf
Oflu f
of the City of Aspen.
said contracts
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, 1996.
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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 Aspen,
Colorado, at a meeting held
~h~:e /' Y
, 1996.
Kathryn S. Koch, City ClerK
2
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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:
'I ,V review or approval, Contracts under $2,000 require only Department Head approval. Contracts over $2000
,
fe City Manager approval. They do not require competitive bids but require documentation of source selection
Pi cess. Contracts over $10,000 require City Attorney and City Manager approval, Competitive bidding process is
required. Contracts over $25,000 require City Council approval.
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All CONTRACTS
Procurement Description: TliO (2) Small Articulating Tractors And
Two (2) Skid Steer Loaders
Budget estimate, $ 81 , 500.00
Project #: 96~1
Is proposed expendi ture approved in the Departmentls Budget? li:.n Yes
Explain process for vendor selection:
Bid Process
L--1 No
Bid No. 1996 - 1FM -A
Bid openinq.
January 18, 1996
12 /2785/ Dept. Head approval of propos a .
CONTRACTS OVER $2.000 AND UNDER $10.000
i~'c;oe/vendoe Selected,
" / Dept. Head approva l:
/ / / City Attorney review:
/ / / City Manager Approva l :
Original signed contract documents to City Clerk, Department and to Vendor/Contractor
/ I I RFP oe ITB Completed: / I I Eng. Dept. Review:
I I I RFP 0, ITB Reviewed by City Attorney:
/ I I 1st Advertisement / I / 2nd Advert i sement (Attach Advertisement)
J / /8/ fA Bid Opening: ~/
Contractor/Vendor Selected: L, L , ..j e A /^> &1J '{)/17,..; k1).t~ L1 ,
} 116'/1(;; Dept. Head approva l : ~
/,; /Z,.51 fA Award letter sent:
Lf/ /11&3 signed contracts returned by vendor/contractor.
~ Performance and Payment Bonds received
~ Certificate of insurance received
/ I / Finance Department Review:
If Over $25,000, '11 ~ 1'161 Prepare Cover memo and resolution foe City Counei l Approva l .
J'(t3b1 City Attorney Review. 0;P; / I I City Manager Approva l :
I "'ho If?; City Council Approva l I I / Notice to Proceed
I Original signed contract docLrnents to City Clerk, Department and Contractor/Vendor
COOTRACTS OVER S10,OOO
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DEPARTMENT OF
STATE
CERTIFICA'lrE.
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fJ. NATALIE MEYER. !l!.~ 0/ fltale o/the fl/ale 01
" . - (/ I J I
Cflohwdo hewby ~ dud the ~i4i1e4 In the iMaan<;e
0/ thi4 ~ Iwme ~ ~ in ~liamce tfllith /au;
a;nd aw {ound 10 ~ 10 /au;.
,;!i~; the ~ ty 1fl(4Iae u/the ~
~ in '1"ne ty /au,; /wi.eJy. ~ A CERTIFICATE OF MERGER
TO THE. L. L. JOHNSON DISTRIBUTING COMPAN'r', & INTERMOUNTAIN SALES
AND MARKETING CO. INTO PATTLEN ENTERPRISES, INC. THE SURVIVOR.
(ALL COLORADO CORPORATIONS) DELAYED EFFECTIVE DATE OF DECEMBER
30, 19 -
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SECRETARY OF STATE
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DATED: DECEM8ER 29, 1986
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SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 1996-1FM
THIS AGREEMENT, made and entered into,.thisfL da~~r; ( of 1996, by and between
the City of Aspen, Colorado, hereinafter referred telJ as the "City" and L.L. Johnson Distributing
Companv , hereinafter referred to as the "Vendor."
WITNESSETH, that whereas the City wishes to purchase Two (2) small articulating
tractors. 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 Thirty-One Thousand Four
Hundred Ninety-One Dollars and No Cents Dollars ($ 31.491.00 ).
2. 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)
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 coufer
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 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
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performed, kept and observed by the other party. . '
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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 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 ofthe Agreement
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11. Certification Re~arding Debarment Susoension. Inelicibilitv. and V oluntarv 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.
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Vendor represents that no official, officer, employee or representative of the City dUling 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.
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:
I. 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. Tennination 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 detemline that such
cancellation is in its best interests and convenience.
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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
ofthis Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of money in
excess of$IO,OOO.OO 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, maI1tal 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-discrilnination 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.
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18. Authorized Representative. The undersigned representative of Vendor, as an inducement
to the City to execute this Agreement, represents that he/she is an auth0l1zed representative of Vendor
for the purposes of executing this Agreement and that helshe has full and complete authority to enter
into this Agreement for the tenns and conditions specified herein.
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IN WITNESS WI-lEREOF, 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:
~~~de.c.
VENDOR:
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By:
~~'V );1dcYt~^-
l:1o-~ 'J/!( C-V\
Title. f
purchagr.bid
PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST
lnstructions: This form should be completed at each step of the procurement process and should follow each reques:
I... 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 Description:
7~~
proj ect #:
Budget estimate: $ / 'I~, ,,:>/')'O . &0
Is proposed expenditure approved in the Department's
Budget? ~'
L-L No
111{10 -:0-
Z/. '/../1 Pi> Dept. Head approval of
,
peoposal, ~~
CONTRACTS OVER $2.000 AND UNDER $10.000
(\I'.i.'r... tractor/Vendoe Selected,
, ~/ Dept_ Head approval:
I I I City Attorney review:
I / / City Manager ApprovaL:
Original signed contract documents to City Clerk, Department and to Vendor/Contractor
;!-IZlltf6 'FP oe ITS Completed: I 1 I Eng. Dept. Review:
"/-;;':1 1t1l:r RFP 9r ITS Reviewed by City Attorney: ~t/dJa'd~
I I I 1st Advertisement I I / 2nd Advertisement (Attach Advertisement)
I I I Bid Opening:
Contractor/Vendor selected: G! p~M ~~r-n~1~ hrJ
~/1;Siffot Dept. Head approval:
~ IU/9 rPAward letter sent:
'II J /131 3 signed contracts returned by vendor/contractor.
~ Performance and Payment Bonds received
~ Certificate of insurance received
I I I Finance Department Reviel.':
If Over $25,000, 1// ff fll, Prepare Cover memo and resolution for City Counc i l Approva l.
.1hl City Attorney Reviel.'. ~ 1 I / City Manager Approva l :
/. 967
City Council Approva l I I I Notice to Proceed
Original signed contract docLrnents to City Clerk, Department and Contractor/Vendor
OOHTRACTS OVER S10.000
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STATE OF COLORADO
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DEPARTMENT OF
STATE
CERTlFICAlE
,
I, NATALIE MEYER, Seoretary of State of the State of
Colorado hereby oertify that
Aooording to the reoords of this offioe
GLENWOOD SPRINGS FORD, INC.
(COLORADO CORPORATION)
bas oomplied with the applioable provisions of the laws of
the State of Colorado and on this date is in good standing
and authorized and oompetent to transact business or to
oonduot its affairs within this state.
Dated: SEPTEMBER 8, 1989
)
SECRETARY OF STAT
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SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 1996-3FM A & B
THIS AGREEMENT, made and entered into, this ;;9 day )J?", ~ < / of 1996, by 3Jld
between the City of Aspen, Colorado, hereinafter referred to as the "City" 3Jld
Glenwood Springs Ford, hereinafterreferred to as the "Vendor."
WITNESSETH, that whereas the City wishes to purchase Four (4) Pick-UD
Tmcks and Two (2) Utility Vehicles, hereinafter called the UNIT(S), in accord3J1Ce
with the terms 3Jld conditions outlined in the Contract Documents 3Jld 3J1Y associated
Specifications, 3Jld Vendor wishes to sell said UNIT to the City as specified in its Bid.
NOW, THEREFORE, the City 3Jld the Vendor, for the considerations
hereinafter set forth, agree as follows:
1. Purchase. Vendor agrees to sell 3Jld City agrees to purchase the UNIT(S) as
described in the Contract Doclllnents 3Jld more specifically in Vendor's Bid for the sllln
of Ninety l1l0US3Jld, Seven HllIlClred Sixty-Four Dollars and Eighty-One Cents
($90.764.81 ).
2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.)
3. Contract Documents. Tins Agreement shall include all Contract Doclllnents as
the same are listed in the Invitation to Bid 3Jld said Contract Doclllnents are hereby
made a part of tlns Agreement as if fully set out at length herein.
4. Warranties. (As described 111 section headed TECHNICAL
SPECIFICATIONS)
5. Successors and Assi gns. This Agreement 3Jld all of tlle COVen3Jlts hereof shall
inure to the benefit of and be binding upon tlle City 3Jld tlle Vendor respectively 3Jld
tlleir 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 Pm1ies. This Agreement does not and shall not be deemed or construed
to confer upon or grant to any third party or pm1ies, except to parties to whom Vendor
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or City may assign tins Agreement in accordance witll tile specific written pennission,
any rights to claim damages or to bring any suit, action or other proceeding against
either tile City or Vendor because of any breach hereof or because of any ofthe tenns,
covenants, agreements or conditions herein contained.
7. Waivers. No waiver of default by either party of any ofthe tenns, covenants or
conditions hereof to be perfonned, kept and observed by tile otller party shall be
construed, or operate as, a waiver of any subsequent default of any of the tenns,
covenants or conditions herein contained, to be performed, kept and observed by the
other party.
8. Agreement Made in Colorado. The parties agree that tins Agreement was
made in accordance Witll the laws of the State of Colorado and shall be so construed.
Venue is agreed to be exclusively in tile courts of Pitkin COlmty, Colorado.
9. Attomey's Fees. In tile event that legal action is necessary to enforce any of the
provisions of tins Agreement, tile prevailing party shall be entitled to its costs and
reasonable attomey's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed
through tile mutual efforts ofthe parties hereto and the parties agree tllat no construction
shall be made or presumption shall arise for or against eitller party based on any alleged
lU1equal status of tile parties in the negotiation, review or drafting of tile Agreement.
II. Certification Regarding Debannent Suspension, Ineligibility. and VollU1tarv
Exclusion. Vendor certifies, by acceptance of this Agreement, tllat neither it nor its
principals is presently debarred, suspended, proposed for debannent, declared ineligible
or voluntarily excluded from participation in any transaction with a Federal or State
department or agency. It hlrther certifies that prior to submitting its Bid tl1at it did
include tins clause without modification in all lower tier transactions, solicitations,
proposals, contracts and subcontracts. In the event that vendor or any lower tier
paJ1icipant was unable to certifY to this statement, an explanation was attached to the
Bid and was detennined by the City to be satisfactOlY to the City.
12. WalTanties Against Contingent Fees. Gratuities, Kickbacks and Conflicts of
Interest. Vendor walTaJ1ts that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
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commission, percentage, brokerage, or contingent fee, excepting bona fide employees
or bona ficje established cOlmnercial or selling agencies maintained by the Vendor for
the purpose of securing business.
'I
Vendor agrees not to give any employee or fonner employee of the City a
gratuity or any offer of employment in connection with any decision, approval,
disapproval, recOlmnendation, 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
proceecling or application, request for ruling, detennination, 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 tenn of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in tIlls Agreement or the proceeds tIlereof, except tIlose that may have
been disclosed at tIle time City COlU1cil approved the execution of tIlls Agreement.
:'e In addition to other remedies it may have for breach of the prolllbitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have tIle
right to:
I. Cancel tIns Purchase Agreement witIlOut any liability by tIle City;
2. Debar or suspend the offending parties from being a vendor,
contractor or sub-contractor wlder City contracts;
3. Deduct from the contract price or consideration, or otIlerwise
recover, the value of anything transferred or received by the
Vendor; and
4. Recover such value from tIle offending parties.
13. Tennination for Default or for Convenience of City.
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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
detennine that such cancellation is in its best interests and convenience.
14. Fund Availability Financial obligations of the City payable after the cunent
fiscal year are contingent upon funds for that puq)ose being appropliated, budgeted and
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otherwise made available. If tllis Agreement contemplates the City utilizing state or
federal fimds to meet its obligations herein, this Agreement shall be contingent upon the
I
availability of those funds for payment pursuant to tlle tenns oftllis Agreement.
'/
15. City Council Approval. If this Agreement requires the City to pay an amount
of money in excess of$lO,OOO.OO it shall not be deemed valid until it has been approved
by the City Cowlcil of tile 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 perfonn
under tllis Agreement. Vendor agrees to meet all of tile requirements of City's mwlicipal
code, section 13-98, pertaining to non-discrimination in employment. Vendor further
agrees to comply with the letter and tile spirit ofthe Colorado Antidiscrimination Act of
1957, as amended, and Otller applicable state and federal laws respecting discrimination
and unfair employment practices.
17, Integration and Modification. Tllis writtei1 Agreement along Witll all Contract
Documents shall constitute tile contract between the parties and supersedes or
incorporates any prior written and oral agreements of tile parties. In addition, vendor
understands tllat no City official or employee, other tllall tile Mayor and City Council
acting as a body at a council meeting, has authority to enter into an Agreement or to
modify tile tenus of the Agreement on behalf of tile City. Any such Agreement or
modification to tllis Agreement must be in writing and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as all
inducement to the City to execute this Af,'Teement, represents tllat helshe is all
authorized representative of Vendor for the purposes of executing tllis Agreement and
that helshe has full and complete autllOrity to enter into tllis Agreement for tile tenns and
conditions specified herein.
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IN WITNESS WHEREOF, 111Cot city and the Vendor, respectively have caused tins
Agreement to be duly executed1the day and year first herein written in tlrree (3) copies,
all of wInch, to all intents' and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
By: tfj/ ~ -4cf-) 0? ;!h~o--
ATTEST:
~J~
City Cler .
VENDOR:
'ckA~"'<<>/ ~dM-<r h",d
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purchngr .bid