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HomeMy WebLinkAboutresolution.council.021-96 . ~." \~, . RESOLUTION NO. (Series of ~f 1996) A RESOLUTION APPROVING CONTRACTS BETWEEN THE CITY OF ASPEN, COLORADO, AND (1) FARIS MACHINERY COMPANY FOR THE PURCHASE OF A FULL SIZE VACUUM STREET SWEEPER WITH SPECIFIED ATTACHMENTS, AND (2) JOHN HAINES FOR THE PURCHASE OF TWO CARGO VANS, AND AUTHO- RIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS ON BEHALF OF THE CITY OF ASPEN WHEREAS, there have been submitted to the City Council contracts between the City of Aspen, Colorado, and (1) Faris Machinery Company, and (2). John Haines, 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 contracts between the City of Aspen, Colorado, and (1) Faris Machinery Company for the purchase of a full size vacuum street sweeper with attachments, and (2) John Haines for the purchase of two cargo vans, copies of which are annexed hereto and incorpo- rated herein, and does hereby authorize the City Manager to execute said contracts ~ on behalf of the City of Aspen. ~ Dated: , 1996. ~l~~- . Bennett, Mayor John e 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 ~ =<'~ , 19196. e . 2 e e e /h(JV ~ "" SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1996-4FM 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 Faris Machinery Company, hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase ONE 0). FULL SIZE. VACUUM. STREET SWEEPER WITH SPECIFIED ATTACHMENTS hereinafter called the UNIT(S), in accordance with the tenns and conditions out1i.n~d 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 consideratjons 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 Docmnents and more specifically in Vendor's Bid for the smn of Ninety-Nine Thousand, Five HlU1dred Dollars and NO Cents ($ 99,500,00). 2. Deliverv (FOB 1080 POWER PLANT RD. ASPEN, CO) 3. Contract Docmnents. Tins Agreement shall include all Contract Docmnents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as iffully set out at length herein. 4. Warranties. (As described 11l section headed TECHNICAL SPECIFlCA nONS) 5. Successors and Assigns. TI1is Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively I and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to aSj:ign, transfer or sublet its interest or obligations hereunder without the written consent'ofthe other party. J . e e 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 pennission, any lights 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 ter'ms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the tenus, covenants or conditions hereof to be performed, kept and observed by the other party shalll be constlUed, or operate as, a waiver of any subsequent default of any of the tenns, covenants or conditions herein contained, to be perfonued, 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 tile State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attomev'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 attomey's fees. 10. Waiver of Presumotion. This Agreement was negotiated and reviewed through the mutual efforts of the paIties hereto and tile parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged lUlequal stahlS of the parties in the negotiation, review or drafting of the Agreement. II. Certification Regarding Debannent. Suspension, Ineligibility. and Voluntary Exclusion. Vendor celtifies, by acceptaI1Ce of this Agreement, tllat neitller it nor' its principals is presently debarred, suspended, proposed for debannent, declared ineligible or vollUltarily excluded from participation in any transaction witll a Federal or State department or agency. It hlrther certifies that prior to submitting its Bid that it I did include this clause without modificatiolt' in all lower tier transactions, solicitations, proposals, contracts and subcontr<'iCts.' In the event that vendor or any lower' tier paIticipant was unable to certify to this statement, an explanation was attached to' the Bid and was detennined by the City to be satisfactory to the City. e - . 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 fonner employee of the City a gratuity or any offer of employment in cOlmection 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 stanQard, rendering advice, investigation, auditing, or in any other advisory capacity in ,any proceeding or application, request for mling, 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 this Agreement or the proceeds thereof, except those tllat 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 light to: I . Cancel this PlU'chase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contTactor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by I the Vendor; and 4. Recover such value from the offending parties. ~ I 13. T emlination for Default or for Convenience of City. The sale contemplated by this Ab'reement may be canceled by the City pliQr 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. e e e 14. Fund Availability. Financial obligations of the City payable after the cunrent fiscal year are contingent upon funds for that purpose being appropriated, budgetediand othelwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent Up0l1 the availability of those hmds for payment pursuant to the tenus of this Agreement. IS. City Council Approval. 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 perfonu under this Agreement. Vendor agrees to meet all of the requirements of City's muniqipal code, section 13-98, pertaining to non-discrimination in employment. Vendor Mifher agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Ac:t of 19S7, as amended, and other applicable state and federal laws respecting discrimlllC\tion and lmfair employment practices. 17. Intelrration 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, vel,dor 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 dr to modifY the tenus 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 tlus Agreement and that he/she has full and complete authority to enter into this Agreement for the tenus,and conditions specified herein. e e e IN WITNESS WHEREOF, The City and the Vendor, respectively have caused tins Agreement to be duly executed tile day and year first herein written in tlrree (3) copies, all of winch, to all intents and purposes, shall be considered as the original. ATTEST: ~dh'A/JA ) tj~ Ci~-CI;rk7 ,- purchngr.bid FOR THE CITY OF ASPEN: By: VENDOR: Faris Machinery Company By, 7ift') ~ 2L-J P"ol,"o resident Title. I !!r-- ] .1..,' . .:~'..:! I , , I I I I I I i\..l i . i I \ . i I I . I \ J-l:.-1:S C:l "':;I:> 14:4.:1 1 -- f,lf(:U .' t:. fE 0 ;JACK. STATE OF"COLORADO DEPARiMENT OF STATE CERTIFICATE I. NATALI8HEYER. SeorQtary of State of tae st~te of COlo~ado ~erebY certify that the prexequisiees for the i$suance of this certificate hav~ b~en fulfilled in compli- ance with lav and ar~lfound to Oottform to law. .' ACGordinSlY, tha undQr~ighed. by virtue of the aathority vested in me by law, hereby i8nue~ A CERt1FICATZ OF AHENOHKNT TO JOHN S. HAIN!S,lNC, Dated: DECE~BER 7, 1ge9 C~~ ''':'[i.tO .......- !~~~ ~s~ =~: ~ S~;7l ~~ - ~~ J.l ," 1 I I tA ., e . SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1996-3FM THIS AGREEMENT, made and entered into, this J2.. day AiPv~ r of 1996, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and .J:?H t-.l 'S ttll,;1 ~ hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase TWO (2). CHEVROLET CARGO VANS hereinafter called the UNIT(S), in accordance with the tenns and conditions outlined in tlle Contract Docmnents 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 tlle considerat;ions 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 Docmnents and more specifically in Vendor's Bid for tlle sum of THIRTY-FIVE THOUSAND. SIX HUNDRED NINETY DOLLARS AND NO CENTS ($ 35.690.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Docmnents. Tins Agreement shall include all Contract Documents as the same are listed in tlle Invitation to Bid and said Contract Docmnents are hereby made a pmi of this Agreement as ifullly set out at length herein. 4. WmTanties. (As described \J1 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 otller party. e . e 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 pmiies to whom Vendor or City may assign this Agreement in accordance with the specific written pennission, any rights to claim dmnages 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 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 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 pelfonned, kept and observed by the other pmiy. 8. Agreement Made in Colorado. The parties agree that tills 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. Attomev's Fees. In the event that legal action is necessary to enforce any of the provisions of tills Agreement, the prevailing party shall be entitled to its costs and reasonable attomey's fees. 10. Waiver of Presumption. Tills Agreement was negotiated and reviewed through the mutual efforts ofthe pmiies hereto and the parties agree that no construction shall be made or presumption shall mise for or agai.nst ei.ther party based on mlY alleged unequal stahlS of the pmiies in the negotiation, review or drafting oftlle Agreement. 11. Certification Regarding Oebannent. Suspension. Ineligibility. and Voluntary Exclusion. Vendor celiifies, by acceptance of this Agreement, that neither it nor its plincipals is presently debaITed, suspended, proposed for debannent, declared inelil"rible or voluntarily excluded from participation in any transaction with a Federal or State depamnent or agency. It fiuiher celiifies that prior to submitting its Bid tIIat 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 paliicipant was unable to certify to this statement, an explanation was attached to the Bid and was detennined by the City to be satisfactory to the City. aa. ,., . . 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 tlus Contract upon an agreement or lmderstanding for a cOlmnission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established cOlmnercial or selling agencies maintained by tile Vendot for the purpose of securing business. Vendor agrees not to give any employee or fonner employee of tile City a gratuity or any offer of employment in connection witll 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 otller advisory capacity in any proceeding or application, request for mling, detennination, claim or controversy, or otller particular matter, pertaining to tlus 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 tllereafter shall have any interest, direct or indirect, in tlus Agreement or the proceeds tllereof, except those tllat may have been disclosed at the time City Council approved the execution oftlus Agreement. In addition to otller remedies it may have for breacl1 of the prolubitions 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 tile 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 otlleiWise 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 tlus Agreement may be cancelled by the City prior to acceptance by tile 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 Availa1;>ility. 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 tenns ofthis Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $]10,000.00 it shall not be deemed valid until it has been apprc)ved by the City Council of the City of Aspen. ' 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perfonn under this Agreement. Vendor agrees to meet all of the requirements of City's mlUlicipal code, section 13-98, pertaining to non-discrimination in employment. Vendor llll;ther agrees to comply with the letter and the spirit of the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimimition and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersede$ 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 tenus of the Agreement on behalf of the City. Any such Agreemellt or modification to this Agreement must be in writing and be executed by the parties hereto. 18. AuthOlized 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 authOlity to enter into this Agreement for the tenns and conditions specified herein. . . IN WITNESS WHEREOF, The City and the Vendor, respectively have caused tins Agreement to be duly executed tile 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, a~ I- f/rOAM-- ATTEST: C~ ti4e.t VENDOR: -:::r;if.1\J S. +f.A-IN<:?S ..Life. By: fJJ-J~ H ee:f 1J111rv'rI- C~r<.. Title. purchagr.bid ~