Loading...
HomeMy WebLinkAboutresolution.council.045-96 . ~- ~ .:#j RESOLUTION NO. (Series of K 1996) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND MILE HIGH TURF EQUIPMENT, INC. FOR THE PURCHASE OF A ROYER 266 SHREDDER/SCREENER, 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 Mile High Turf Equipment, Inc., 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 a contract between the City of Aspen, Colorado, and Mile High Turf Equipment, Inc. for the purchase of a Royer 266 Shredder/ Screener, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of Dated: ~~ the City of Aspen. /2- , 1996. ~/~~ John1'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 e e e resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~/:;( , 1996. 2 To: FrYl Howard From: \L~2&(" 8-5-95 1: 31pm p. 1 of 5 e e e SI'l'PL \. PROCIJREi\IENT AGHEEi\IENT CITY OF ASPEN BID NO. 1996 - 8Fi\! THIS AGREE~IENT, made and entered intD, tl~is S'~ day I~ c'''r 0 1- .of 1996, by and bet\veen the CIty ot Aspen, Colorado, herematter reterred to 'as the "CIty" and_ MILE HIGH TURF EOUIPMENT ,INC. , hereinatler referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase ONE ( I) Rover 266 Shredder hereinat1cr called thc UNIT(S), in accordance with the ten11S and conditions outlined in thl:' Contract Documents and any associated Specifications, and Vendor wishes 10 sell snid UNIT to the City as specilied in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as f(lllows: 1. Purchase. Vendor agrees tel 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 Sixtv-Eight Thousand, Four Hundred Dollars and NO Cents ($ 68-400.00 ') 2. Deliverv (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same arc lisled in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if 11.111y set out at length herein, '. , 4. Warranties. (As described in section headed TECHNICAL, SPECIFICATIONS) Included within the sealed bid envelope. 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 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 pem1ission, any rights to c1.aim 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 tenl1s, covenants, agreements or conditions herein contained, 7. Waivers. No waiver of default by either party of any of the tenm, covenants or conditions hereof to be pertom1ed, kept and observed by the other partv shall be construed, or operate as, a waiver of any subsequent default of any of the ten11S, covenants or conditions herein contained, to be pertom1ed, kept and observed by the other party. 8. Agreement Made in Clllorado. The parties agree that this Agreement \vas 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 COlU1ty, 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 attomey's fees. 10, Waiver of Presumption. This Agreement ,vas negotiated and reviewed through the mutual ett(1rts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise tor or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. II. Certification Regarding Debam1ent, Suspension, Ineligibility, . and V oluntarv Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debam1ent, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certities that prior to submitting its Bid that it did include this clause without moditication in all Imver tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certity to this To: Fry, Howard e e '-, '. From: 8-5-96 1:33pm p. 3 of 6 statement, an explanation was attached to the Bid and was detem1ined by the City to be satisfactory to the City. 12. WmTanties Against C,mtingent Fees. Gratuities. Kickbacks and Cont1icts of Interest. Vendor warrants that no person or selling agenc:y has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a c,1mmission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established conunercial 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 ofTer of employment in cOlmection with any decision, approval, disapproval, reconm1endation, preparation of an)! part of a program requirement or a purchase request, inf1uencing 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, detem1ination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal theret'Qf. Vendor represents that no official, officer, employee or representative of the City during the tem1 ofthis Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereot~ 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 cont1ict of interest, the City shall have the right to: 1. 2. " ,), 4. Cancel this Purchase Agreement without any liability by the . .. City; Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts: .' - - .' Deduct trom the contract price or consideration, or othell'vise recover, the value of anything transferred or received by the Vendor; and Recover such value trom the otTending parties. e e 13 Tem1ination for Defauit 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 rea san and in its sole discretion the City shall detem1ine 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 cantingent upon the availability af af thase funds for payment pursuant ta the tem1S af this Agreement. 15, City Council Approval. If this Agreement requires the City ta pay an amount of maney in excess of $10.000.00 it shall not be deemed valid until it has . ' been approved by the City Council ofthe City of Aspen. 16, Non-Discriminatian. No discriminatian because afrace, calar, creed, sex, marital status, aflectianal or sexual arientatian, family respansibility, natianal origin, ancestry, handicap, or religian shall be made in the employment of persans to perfcJm1 under this Agreement. Vendor agrees ta meet all of the requirements af City's municipal code, sectian 13-98, pertainil1g to nan-discrimination in emplayment. Vendor further agrees ta camply with the letter and the spirit af the Calarada Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair emplayment practices. 17. Integration and Modificatian. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes lOr incorporates any prior written and oral agreements af 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 ta modifY the ten11S of the Agreement on behalf ofthe City. Any such Agreement or modification to this Agreement must be in writing e and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of V end~r, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendar fix the purposesaf executing this Agreement To: ~rv, Howard e e - From: 8-5-96 1:36pm p. 5 of 6 and that he/she has full and complete authority to enter into this Agreement for the temlS 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, fJ(j L /1A1fA,u ATTEST: c~)4~~ VENDOR: M, i,: 1/11 A , -r'r? u",'Pfit,,-v+ "Xiu<- -f-I". #' ,~~!~ / ! By: J ( / \""/+~f!-jJt;~"-..-/ /11/ 4"s,J,,/--,!- Title. e e e ... MEMORANDUM Via To: Mayor and Cou cil Thru: From: Date: Subject: Contract approval, ---------------------------------------- ---------------------------------------- SUMMARY: Staff recommends approval of the contract with Mile High Turf Equipment, Inc. to purchase one (1) Royer 266 Shredder/Screener. This piece of equipment has been listed in the AMP since 1994. PREVIOUS COUNCIL ACTION: The Asset Planning 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 unit is to be purchased by the Parks Department. FINANCIAL IMPLICATIONS: The 1996 Asset Management Plan contains the approved budget for this purchase. PROPOSED MOTION: I move to approve Resolution # August 12, 1996. ----- % of 1996, on the Consent Calendar of J !lost #rr; ~.} . "'(.,f- "i'~ t.Jl\ rx YvvHl.1 -"f ~ I"'duacl N?~ ~.Gi 0- -P--I\ ~NvJ; "-- v 1 To: Frv, Howard e e ~" ~- From: 8-5-96 1:31pm p. I of 6 St'PPL Y PROCUREi\IENT AGREEMENT CITY OF ASi'EN BID NO. 1996 - 8Fi\I THIS AGREEMENT, made and entered into, this Sf{., day 1+"'1" ,i-of 1996, by and between the City of Aspen, Colorado, hereinafter referred t(~- as the "City" and_ MILE HIGH TURF EOUIPMENT . INC. ,hereinafter refelTed to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase ONE (1) Rover 266 Shredder hereinatler called the UNIT(S), in accordance with the tenllS 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 f(1llO\\s: 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 Sixty-Eight Thousand, Four Hundred Dollars and NO Cents ($ 68.400.00 ) 2. Deliverv. (FOB 1080 POV/ER 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 Dl)cuments are herehy made a part of this Agreement as if fully' set out at length herein, 4. Warranties. (As described in section headed TECI-ThHCAL SPECIFICATIONS) Included within the sealed bid envelope. 5. Successors and Assigns. This Agreement and all of the c<j'vellants 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 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 pemlission, any rights to c1.aim damages or to bring any suit, action or other proceeding against either the Cil) or Vendor because of any breach hereof or because of any ofthe ten11s, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the ten11s, covenants or conditions hereof to be perfomled, kept and observed by the other party shall be construed, or opcrate as, a waiver of any subsequent default of any of the ten11s, covenanls or condilil1ns herein contained, to be perfomled, 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 COU11ty, Colorado. 9. Attomey's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreemcnt, 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 et1i.xts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either pilrty based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debamlent Suspensiort Ineligibilitv, and Voluntary Exclusion. Vendor certifies, by acceptance jof 'this Agreement, that neither it nor its principals is presently debarred, suspended, proposed. for debamlent, 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 To: Frv, Howard e e e From: 8-5-95 1:33pm p. 3 of 5 statement, an explanation was attached to the Bid and \\"as delermined by the City to be satislactory to the City. 12. Wananties 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 fora cOllli11ission, 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 fon1ler employee of the City a gratuity or any oller of employment in cOlU1ection with any decision, approval, disapproval, reconU11endation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procuremei1t standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, detem1ination, 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 ten11 of this Agreement has or one (1) year thereaffer shall have any interest, direct or indirect, in this Agreement or the proceeds thereot: 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 1. 2. 3. 4, Cancel this Purchase AgJeement without any liability b)1 the City; Debar or suspend the of lending parties from being a vendor, contractor or sub-contractor under City contracts; Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and Recover such value from the offending parties. ~ '. e e 13. Temlination for Default or for Convenience ofCitv. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever t<.x any reason and in its sole discretion the City shall detemline that such cancellation is in its best interests and convenience. 14. Fund Availabilitv. Financial obligations of the City payable after the current ,fiscal year are contingent upon funds tor 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 ten11S of this Agreement. 15. Cit,' Council Annroval. 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 Cily Council ofthe City of Aspen. 16, Non-Discrimination. No discrimination because ohace, color, creed, sex, marital status, a ffectiona I or sexual orientatio~l, tinnily responsibility, national origin, ancestry, handicap, or religion shall be milde in the employment of persons to perfi..iml 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 bet\veen the parties and supersedes or incorporates any prior written and oral agreements of the parties. . In addition, vendor understands that no City ot1icial or employee, other than the Mm'Of and City Council acting As a body at a council meeting, has ailthority to enter into an Agreement or Ito moditY the ten11S of the Agreement on behalf of the City. Any such Agreement or moditication 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 ti..,r the purposes of executing this Agreement To: Fry, Howard e . e From: 8-5-96 1: 36pm p. 5 of 6 and that he/she has full and complete authority to enter into this Agreement for the temlS 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 tlrst herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. ATTEST: c~ J~ FOR THE CITY OF ASPEN: By: VENDOR: IV!.)!; /-l<t A -;;,~..f E/i;,;",'lI#;UI'p-'c.... I 1/ , By: ~~.ti/::1~~/ , ..~ - / {dc-yj";J/- Title. To: Frv, Howard - e - From: 8-5-95 1:31pm p. 1 of 5 Sl.:PPL Y PROCl.TREMENT ",\GREEl\IENT CITY OF AS\'EN BID NO. 1996 - SFl\I THIS AGREEMENT, made and entered into, this.'i2.!:... day f\c~{jLA:' j of 1996, by and between the City of Aspen, Colorado, hereinatler referred to as the "City" and_ MILE HIGH TUEF EQUIPMENT . INC. ,hereinafter referred to as the "Vendor." WITNESSETH, that \\-hereas the City wishes to purchase ONE (1) Rover 266 Shredder hereinafter called the UNIT(S), in accordance with the ten11S 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 Conlract Documents and more specifically in Vendor's Bid for the sum of Sixtj'-Eight Thousand, Four Hundred Dollars and NO Cents ($ 68.400.00 ). 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) Includecl wilbin the sealed bid envelope. I; 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. ~, '. ,jA ., ~, ,., 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 pemlission, any rights to c1.aim 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 ten11s, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the ten11s, covenants or conditions hereof to be perfomled, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the temls, covenants or condili\)ns herein contained, to be perfomled, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement ~vas 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 this Agreement, the prevailing party shall be entitled to its costs and reasonable attomey's fees. 10. Waiver of Presumption. This Agreement was negotiated and revieyved through the mutual etTorts of the parties hereto and the parties agree tha~ no CC1l1struction shall be made or presumption shall arise for or against either p'arty based on any alleged unequal status of the parties in the negotiation, revie\v or drafting of the Agreement. 11. Certification Regarding Deban11ent. Suspension, Ineligibility,and V oluntarv Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed. for debamlent, 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 irl 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 "i"O: Frv, Howard . e e From: 8-5-95 1:33pm p. 3 of 5 statement, an explanation was attached to the Bid and was detem1ined by the City to be satisfactory to the City. 12. Wananties Against Cuntingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor wanants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding tor ,a conU11ission, percentage, brokerage, or contingent fee, excepting bona tide employees or bona tide established conU11ercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or fom1er empk,yee of the City a gratuity or any afTer of employment in cOlU1ection \\ith any decision, approval, disapproval, reconU11endation, 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, detem1ination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefl)f. Vendor represents that no official, officer, employee or representative of the City during the ten11 of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the' proceeds thereat: 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: 1. 2. " -), 4. Cancel this Purchase Agreement without any liability' by the City . , Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; Deduct from the contract price or consideration, or otherwis'e recover, the value of anyihing transfened or received by the Vendor; and Recover such value from the otlending parties. e e - 13. Ten11ination for ucfauit or for Convenience ofCilV. 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 detem1ine 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 of those funds for payment pursuant to the tem1S 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 ofthe City of Aspen. 16. Non-Discrimination. No discrimination because ofrace, color, creed, sex, marital status, atIectional or sexual orientation, family responsibility, national ()rigin, ancestry, handicap, or religion shall be made in the employment of persons to perf<..im1 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 incorpqrates 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 modi(y the ten11S 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 To: Frv, Howard f"', ,., . . From: 8-5-96 1:36pm p. 5 of 6 and that he/she has full ilnd complete authority to enter into this Agreement for the tenl1S 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. ATTEST: .~ L'ftk. FOR THE CITY OF ASPEN: By: VENDOR: Ill, k J/,~ J -I' -' l- I {,(r t:.i;'t~II;1/,1-~.I'-'.. I' . Ttv~ By: ~tJ~" y"""-./ ;/. . ' ( ._" IP~J /1 j' ;Jr-e .s/~I'-' Title.