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HomeMy WebLinkAboutresolution.council.043-97 - RESOLUTION NO. tf'3 Series of 1997 A RESOLUTION OF THE CITY OF ASPEN, COWRADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND CENTURY EOUlPMENT CO. , AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALf OF THE CITY OF ASPEN, COWRADO. \ WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and CENTURY EOUlPMENT 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 e That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and CENTURY EOUlPMENT 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: ~ / (/I ,1997, ~ t? ~~-~~<-~' 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 r 9 ,1997. ~. )$4 Kathryn S. h, 'city Clerk - - e e e SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO, 1997" 2FM . A THIS AGREEMENT, made and entered into, this S day J/JAe. of 1997, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Century Eauicment Comeany, Inc., hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase One (1), Case 580SL Backhoe .1Q?der with afu!.chments hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendol' wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of Bfiy~.Eouf IOQ.Y!!?D.!LSevJ!D Hundred Dollars and NO cents ($ 54,700.00 ). 2. Deliverv. (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 Assians. 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 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 breach hereof or because of any of the terms, covenants, agreements or conditions herein contained~ 7. ~~. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and obselVed 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, Ie< be performed, Kept and obselVed'by the other party. e e e 8, Aoreement 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. ~!t2m~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 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, rElview or drafting of the Agreement. 11. Certification Reaardina Debarment. Suspension, Inelioibilitv, and Voiuntarv 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 tiei" 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 Sid and was determined by the City to be satisfactory to the City. 12. Warranties Aaainst Continoent Fees. Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selJing 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 'Jr 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 0'1' 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.. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year theraafter shaJ/ have any interest, direct or indirect, in ~his 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 light to: 1. 2 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; e . e JUN 03 '97 08:22AM CITY OF ASPEN P.6/7 .. u. 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. ,d, 13 TermiDation for Default or for Convenience of Cltv. 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 Availabilitv, Financial obligations of the City payable after the current fiscal yeaII' 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 ~()l' payment pursuant to the terms of this Agreement. 15. ,Q!!y"g.ouncil 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 oi the City of Aspen. 16. Non.:!:Jiscrimination. No discrimination because of race, color, creed, sex, marital status. affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shail be made in the employment of persons to perform under this Agreement. Vendor agrees tco 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. Inteoration 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 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. Authorized Reoresentative, 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 anll. '~omplete authority to enter into this Agreement for the terms and conditions specified herein. , I' I .. .. - .. - I I .. I I I e 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 intent" and purposes, shall be considered'as the original. FOR THE CITY OF ASPEN: By: VENDOR: (iEt{rW2- Y EOI.u(;1A.fE"-'T . .y'fY~ - Title. purchagr,bid .