The URL can be used to link to this page

Home My WebLink Aboutresolution.council.032-97 e e .' "''''-. RESOLUTION NO. J.;1. Series of 1997 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A SUPPLY PROCUREMENT CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND L.L. JOHNSON DISTRlBUTING CO., AND AUTHORlZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a supply procurement contract between the City of Aspen, Colorado and L.L. Johnson Distributing Co., a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that supply procurement contract between the City of Aspen, Colorado, and L.L. johnson Distributing Co., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said. contract on behalf of the City of Aspen. Dated: 1n~c:Lr- ,1997. ~ (?...--~:;Ii;t '"1(. JOhn'. Bennett, Mayor e 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 ~ c:J-=J- 1997. .~ud~ Kathryn S. och, city Clerk e . . MAY 16 '97 10:47AM CITY OF ASPEN P.4..7 SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1997 - 2FM THIS AGREEMENT, lTI8de and entered into, this _ day of 1997, by and between the CIty of Alpen, CoIOf"8ldc, he,.inafter,.ferred to 81 the "City" and L. L. Jot-nlOl'l Di81ribl..llna Ce., h8l'8lnafter referred to u the "Vendor." WITNESSETH, that wI'lel'8llll the City wishes to purchase Two (21. TOTO Multi.Pro 1100 Sprayina units with lIDlICiIIed oD!ians . he,.inllfter called the UNIT(S), in ac:cardance with the terms and conditlans outlined in the Con1nlct Oac:umentll and any ulaciat8d Spac:iRcatial1S, and Vendor wishes to se" said UNIT to the City as specilled in its Bid, NOW, THEREFORE, the City WId the Vendor, for the cansiderations hel'llinlll'ter set forth, lIgIM ..follows: 1, F'urcl1ue. Vender agrees to sell and CIty ag,.e.lD purchase the UNIT(S) as described in the Contract Documenlll and moAt speclllcally in Vendor's Bid for the sum of TnIrtV-six Thousand, Two Hundred Twenty.nine Dollan and NO Cents Dollars ($ 38.229.00 ). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documenlll. This Agreement shall inducle all Contract Documents as the same al'8 Iistld in till' Invitallon to Bid and laid Contract Documents are hemby made a part of this Agreement al if fURy set out at length herein. 4. Wat'l'8nties. (AS described In stlCtion haad&d TECHNiCAL SPECl FICA TIONS) 5. SU""'"'lOrs and Asslans. Tnls Agreement and &II of the covenants hereof Shall Inu,. ~o !he benefit at and be binding upon the City and the Vendor I88pI1Cliwly and their agents. representatives, employee, successors, assigns and legal representatives. Neither the City nor \he Vendor shall have the right to assign, transfer or sublet Its interest or obligations hereunder withou, the written canleot of the other party. e. Third Parties. This Agreement do.. nat and shaU nat be deemed or construed to confer upon or gl'llnt to any third party or parties, except te parties. to whom V.ndor or City msy aSSign this Agreement In accordance with the specific written permission" any rights to claim damages or to bring any suit, aetion or other proeeecling against either the City or Vender because of any breach hereof or because of any of the terms, covenants, agreements or conditlans herein cantained. 7. W8iv.rs, No Miver of default by either party of any of lI'Ia tarms, c;ovenants or conditions hereof ltI be performed, kept and ablerved by the other party stlllll be constnJltd, or op&l'llte as, a waiver of any subsequent default of any at the terms, covenants or condi1lcns hereir. contained, to be performed, kepI and oblerved by the other party. e e e MAY 16 '97 10:47AM :ITY or ASPEN P. 5/7 a. Aantflment Made in Colorado, The parties egree that this Agreement wa. mede in accordance with the Jaws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively In the courts of Pitkin County, CoIOl'lldo. 9. AtlCJmev's Fees. In the event that legal don il necessary to enforce any of the provi.lons of this Agl1lllment, the pravaiUng party shall be entitied to its COlts and reasonable attomey'l fees, 10. Waiver of F'resumD1ion. This Agreement wu negotiated and reviewed through the mutual efforts of the parties hereto and the partie. agl'88 that no constructlon shall be mede or presumption shall arise for or against either party based on any alleged unequ81 ItlItuI of the partll. in the nll\ictlatlon, review or drefling of the AS....m.nt 11. Certification Reaarcllna Debarment. Suscenslon. fnelloibilitv. and Voluntarv Exclusion. Vendor certitlls, by acc;eptance Of 1hls Agl'lllllTllnt, that neither It nor Its principal. I. p....antfy debarred, suspended, proposed for debarment, declad ineligible or vclunlllrily excluded I'roI1'I partlc:ipatlon In any tranHCIlon with a Federal or State department or agency. It funhar certifies that prior to submitting its Bid that It did include this clau88 without mod!l'fc8lion in all lower lier transactions, solicitations, proposals, contracts and subcontnlctS. In the ev.nt that vendor or any lower tier participant wu unable to certify to this statement, an explanation __ lIlt8ctled to the Bid and was determined by the City to be sllliafllctcry to the City. 12. warrant/lIS Against Continaent Fees. Gnltuilies. K1ckbeckJJ end Con1Ilds of Inter8lIt. Vendor WlrT'lIInts that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or unae.ata.,dlng for a commission, percentage, brokerage. or contingent fee, exeepling bona fide employees or bone fide establilltled commerolai or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employ.. or former employea of the City a gratuity or any offer of elTll)loyment in connection with any decision. approval, dlNpprov8l, rwr::ommendation, preparation of any pert of a program requirement or a purche.e request, inlluencing the content Of any spQCiflcatlon or procurement standard, rendering advice, Invas1lgatlon, auditing, or in any other advisory capacity in any proceeding or application, requ.st for r1Jling, determinlltlon, claim or controversy, or other particular matter, p.rtalning to this Agreement, or to etIy solicitation ".. proposal therefor. . . Vendor represents that no ofllelal, ofIIcer, employee or representative of the Clty during the term at this Agreement has or one (1) year thereafter shall have any l....~ direct or indirect, in this Agreement or the proCMds thereof, except those that may have been disclosed at the time Gily Council approved the eX8CUtlon at this Agreement. - . e MRY 16 '97 ll!1=4SRM CITY OF RSPEN P.,S"? In addition \a ather remedies It may have tor bl'llach of the prohibition. against. contingent fees. gratuitlu, kickbacks and conmct of Interest, the City s/'iall have the right to: 1. CanClll this Pun:hase Agreement without any liability by 1111 City; 2. Oebllr or suspend 1I1e offending partles from being 1 vendor, contnK:tDr or sub-Ccntr8dor under City contracts; 3. Deduct frOm the contnlCl price or considerallon, or otherwise I1lCOver, the vaue of Inytl'llng trlInsflllT8d or received by the Vendor; and 4. Recover such value from 11'1. ofI'andlng partie.. 13. Termination fer Cefault or for ConV8l'lience of CIIY. me ..Ie contemplated by this AgtMITllnt may be cancelled by the City prior to aCClllpl8nca by the City whenever for any ruson and In lIS sole dlSCl'8llon 11'18 City shall determine that suer. C8nctlllalion is in ita bat intsreetl and convenience. 14. Fund Avall8bUitv. Financial obligations of lhe City payable after the CUlT8nt fiscal year are contingent upon funds for thlt purpose being appropriated, budgef8d and otherwise made available. If this Agreement contemplates 1I1e City ulDlzing state or fllderal 1\I1ds to meet its Obligations herein, this Agreement shall be contingent upon the availabUity of of lhose funds for payment pursuant to the terms of this Agreement 15. City Council ADDftlVal. If tI'lis Agl'Iement requires the City to pay an amount of money in e_ of $1 0,000.00 it shall not be deemlld valid until it has been approved by the City Council of the City of Aspen. 1e. Non-Discrimln8tion. No discrimination because of race, color, aeed, sex, marltal status, afl'ec!lonal or sexual orientatIOn, fMlily responslblUty, national origin, anceslly, handicap, or rallglor: shall be made in the employment of persons to perform under this Agreement Vendor egrHB Ie meet all or the l'IquinlmenlS of City's municipal code, sectlon 13.98, pertaining to non-dlscriminatloro in employment Vendor further agrees to comply with the Illtler and the spirit of the Colorado Antidiscrimination ACt of 1957, .. amended, and other applie8ble state and federal laws respecting diec;rimination lInd unfelr employment pnlc:liGe., 17. Im.andlcn lII1d Modlllcetlon. ThIs written Agreement along wilt! all Conlr8ct Ooalments shall constitute the contract between the parties and supersedes or inc:orporates any pI10r wrltlen and orsl agIMments of the parties, In . addition, vendor understands that no City oftlcial or employee, other than the Mayor and City CouncU aclIng 88 a body at a counCil meeting, has authortty to enter Into an Agl'll8ment or 10 rnodll'y the terms of the Agreement on bal'lalf of the City. Any such Agreement or mcdification to this Agreement must be in writing and be executed by the pavties hl!ll'lltO. 18. Authorized Relll'8Hnlativ8. The undersigned repl'8Hnlllllve of Vendor, as an inducement to 1I'Ie City \a execute this Agreement, represents that heiR i. an authorrzed ",pl'8Hl'ltatlve of Vendor for the purposes of 8X8CUtlng this Agreement and !hilt he/she has full and complete authority to enter into this Agl'l!lement for the terms and condlllons spectnlld herein. e . . P,7/7 IN WITNESS WHEREOF, The City and the VendOr, mpectively have Q1UMd this Agreement to be duly executed the day and year nrat herein. written In three (3) copies, all of wi'lich. to alllntenm and purpo_. Shall be contid8F8d u the original. By: ATTEST: =-rY/~ VENDO~: ~ 0- t-.L ..JoffN=t0 lYS.'1,(;, By: Iv~L~~ /It~ ~. P7fL me. purchagr.bid ./ r-e ( . DEPARTMENT OF STATE CERTIFICATE- .1, MARY ESTILL BUCHANAN, [jJeoi.ela4JI of fJlla/e of tlte !]J1a/e 0/ Cfiokuu/o h~ ceIdif1I Uuz,lthe filteltefjui4tle;J j!m tlte iMuanro 0/ thi4 ~ ~ ken fulfitled in Cf}I)}'~/iance w,;t/t law wnd aw f/rmmd to wnfbvm 10 Ia-u', .A~ / the ~t?n~ by l,iilue of tll€ autho2ily 1JmIed in oJne by law/ ~ ~ A CEF.:TIFICATE OF INCOF.:F'ORATION TO L L .J ENTEF.:F'RISES, mc. { ~ ..-LFA:'u- ~~4L~v .. - r SECRETARY OF STATE . DATED: SEF'TEfolBEF.: ]:e.. i98e