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HomeMy WebLinkAboutresolution.council.042-97 e . . RESOLUTION NO,~ Series of 1997 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GLENWOOD SPRINGS FORD , AND AUTHORIZING 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 CONTRACT between the City of Aspen, Colorado and GLENWOOD SPRINGS FORD 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 CONTRACT between the City of Aspen, Colorado, and GLENWOOD SPRINGS FORD 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: ~9 t/ 17~ ,1997. John . Bennett, Mayor 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 r 9 , 1997. ~x1~ Kathryn S. , CIty Clerk . e e . . JUN 03 '97 08:08RM CITY OF RSPEN P.2/7 .. Tr-lE CITY OF A,PEN April 21, 1997 Steve Kyle Glenwood Springs Ford 55 Storm King Rd. Glenwood Spings, CO. 81601 Re: ..cITY OF' ASPEN BID NO. 1997 . 4FM . A. C, & D Notice of Award Dear ...&ive : This is to inform you that following the opening of bids on Thursdav. Mav 8, 1997, for the above referenced project, all bids received were. evaluated in accordance with the criteria set forth in the Invitations to Bid and a determination was made that your bid was the lowest responsible and responsive bid. Accordingly, the City of Aspen hereby accepts your bid to perform the work outlined in the bid documents for' an amount not to exceed One Hundred Five Thousand. One Hundred Fiftv-six Dollars and NO cents ($ 105.156.00 l. subject to approval by the City Council of the City of Aspen, This contract will be presented to the City Council for their approvai on June 9, 1997. Your attendance at this meeting is not necessary although you are certainly welcome to attend. In accordance with the provisions set forth in the Contract Documents, you must comply with the following conditions precedent within ten (10) days of the date of this Notice of Award, that is by 12:00 noon, Wednesday, June 4,1997: 1. You must deliver to the City of Aspen three (3) fully executed counterparts of the Agreement including the Contract Documents. 2. You must deliver with the executed Contract the completed Certificate elf Incorporation. Failure to comply with these conditions within the time specified will entitle the City of Aspen to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. 1.31) SVL' n.,; (,,'; .~!\ S""(~:r:~'. A';I'I'N, em 0,,-'1":":-; 111 ti11 . PHON!' 97D.920,.,nIJil . F~); ~1?O.92l1.;;19i' t"i~r.ld ~'". :,c(,'"':kd p~p.,' e . e JUN 03 '97 08:08RM CITY OF RSPEN P.3/7 SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1997 - 4FM . A.C.&D THIS AGREEMeNT, made and entered into, this 3 day .;r..",~ of 1997, by and be\weer, the City of Aspen, Colorado, hereinafter referred to as the "City" and Glenwood Sorinas Ford . hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase _ Three (3\, 1/4 ton Oickups. Two (2) Aerostar vans and One (11 3/4 ton Pickup hereinafter called the UNIT(S), in accordance with ~he 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, far 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 One Hundred Fbi!'! Thousang,.9neJ:!.\iD..dred Fiftv-six Dollars and Thirty-five CeQl!l ($ 105.156.35 ) 2. Delive!'y. (F081080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall indude all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of thi:;; Agreement as if fully set out at length herein. 4. Warranties. (As described in section headed TECHNICAL SPECIFICATIONS) 5. Successors and Assians. This Agreement and all qf 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 Cily 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 breacri 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, <l waiver of any subsequent default of any of the terms, covenants or conditions herein contained. to be performed, kepi and observed by the other party. e e . JUN 03 '97 08:09AM CITY OF ASPEN P.4/7 . , 8. Aareement Made io 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. 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 Presumotlon. This Agreement was negotiated and reviewed through the mutual efforts of the partlEls hereto and the parties agree that no construction shall be made ()( presumption stlall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the AgreemElnt. 11. Certification ReaardinQ Debarment. Suspension, Ineliaibilitv. 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 frtllYi participation in any transaction with a Federal or State department or agency. It further certifiE'~, that prior to submitting Its Bid that it did Include this clause without modification in all lower IIl!I' 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 Bici and was determined by the City to be satisfactory to the City. 12. Warranties Aaainst ContlnQent Fees. Gratuities Kickbacks and Conflicts of IntereJl!. Vendor warrants that no person or selling agency has been employed or retained to solicit ':11' secure this Contract upon an agreement or understanding for a commission, percent.agl~, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercia! 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 01' proposallherefor ' 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 Councii approved the execution of this Agreement. e . e JUN 03'97 08:10AM CITY OF ASPEN P.5/7 " ~ In addition to other remedies it may have for breach 'of the prohibitions against contingent 'lees, 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 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 reason and in its sole discretion the City shall determine that such cancellation is In its best interests and convenience, 14. Fund Avallabllitv. 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 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 Asper., 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 te 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 ACI of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices, 17. InteQration 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 officiai 01' 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. AUlhorized 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/sha has full and complete authority to enter into this Agreement for the terms and conditions specified herein. e . e JUN 03 '97 08:10AM CITY OF ASPEN P.5/7 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 intel1!s and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: L-~ ATTEST: ~9Jc-~4~ City Clerk VEND~: /J 6-:?/7..,~~ By: ~~~ /~~/k?t, Title, / / purchagr. bid e . e CERTIFICATE I, VIC:rORIA BUCla.lIr, Secretary o~ Stllte o~ Cl.IllI She. o~ Colorado .hereby t:tllrtJ.ly !:haC ACCORDINQ :r0 rmr lUICORDS OP' 'tJIIS O"ICB, A CllR.'l'I'ICA:rll 0' ASSrMJIlJ OR neADll NAII1l WAS 'ILllD sr . GLllNWOOD SIRINGS FORD, INC. (COLORADO CORPORA.:rION) ON NOVllMS.B'R ~, 1978 '1'0 :raANSAC!l' BUSINllSS IN 'l'HIS S:rA:rJr U1IDllR 'na NAM1l 0' t1L1lNP<<JOD SIRINGS 'ORD, Z,INCOLN lG'.RC'I1RY, INC. AIm SAID CORflORA'1'ION IS DULr ORQAN1:ZllD AND IN GOOD S!l'ANDING AND IS Atr.Z'1l0RIZllD AND C0NI1I:r1lN:r 2'0 2'RANSAC:r l'l'S BUSINllSS OR CONDUC:r I:rS UP'AIRS PfI'l'HIN 'l'Hlf S:rA2'A' OP' COLORADO. . . Dated: A'RIL 30, 199 ~~~! SECRIlTARY OF STATE U - - e . ;::7~.r-I T~.~T n~~~ ~_ ~_