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HomeMy WebLinkAboutresolution.council.044-97 e e e RESOLUTION NO. .f1 Series of 1997 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND WESTERN IMPLEMENT CO. , 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 WESTERN IMPLEMENT 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 CONTRACT between the City of Aspen, Colorado, and WESTERN IMPLEMENT 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: ~ c; ,1997. JOhnS~tt, ~~ 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 ~ 9 , 1997. (/ ~4k Kathryn S. h, City Clerk '- e.... e . JUN 03 . 97 11: 37AI1 CITY or ASPEN ""'.4/"( SUPPLY PROCUREMENT AGREEMENT Q:JY OF ASPEN BID NO. 1997 - 2FM - B THIS AGREEMENT, made and entered into, this _ day of 1997, by and betwe0J'1 the City of Aspen, Colorado, hereinafter referred to as the "City" and Westem Imolem0nt Co.. Inc. , hereinafter refel'l'lild to as the 'Vendor," WITNESSETH, thai whereas the City wishes to purd1ase One {1t NElw Holland. LX885. Skid-steer Loader hereinafter Cl!\lIed the UNIT(S}, In accordance with the tElrms and conditionS' outlined In the Contract DOCI.Iments and any associated Specifications, and Vendor wishes to sel! said !,)NIT to the City as speclned In Its Bid. . NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set fortl1, agree as follows: 1, purd1aSa. Vandor agreQs to sell and City agrees to purd1ase the UNIT(S) as described in the Contract Documents and more specillcally In Vendal's Bid for the sum of Twenlv-SevElp' Thousand. Six Hundred Six Dollars and NO cents ($ 27.606.00 1. 2. Deliverv. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. QQillract Documents. This Agreement $hall 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 IiIS if fully Bet out allength herein. 4. Warranties. (Shall be the standard published warranty, As deacribed in section heade<:l TECHNICAL SPECIFICATIONS) 5, Successors and Assians. This AgreerMnt and all of the covenants hereof shalllnuf6\ to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, succassors, assigns and legal representativas. Neither the City nor the Vendor Shall have the right to assign, transf9r or sublet its interest or obllllallo,ns hereunder wlthoU'! the written consent of the other party, . 6. Ibim.J?.llLIiH. This Agreement does not and shall not be deemed or construed to cOnfe:- upon or granllo any third party or parties, except to parties 10 whom Vendor or City may assign thlB Agreement in accordance with the specific writtan parmission, any rights to claim damages or to bring any suit, action or other proceeding againat either ihe City or V0ndor because of any breach hereof or because of any of the tel1T1S, 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, a waiver of any subsequent defaull of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. . e e e P.5/7 JUN 03 '97 11:3BAM CITY OF ASPEN a. Aareement Made in Colorado. The parti&s agree thai 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'l! Fees. In the evenl 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 attorney's fees. 10. Waiver of Presumotion. This Agreement was negotiated and reviewed through the mutual efforts of Ihe parties heroto and the parties agree that no construction shall be made or pres\-lrnption shall arise for or against either party based on any alleged unequal status of the parties In th9 negotiation, review or drafting of tl1e Agreement . 11, Certification R~ardinQ Debarment. SUllDenllion, Ineliaibilitv. and Voluntarv Exclulllg!]. Vendor certifies, by acceptance of this Agreement, that neither it nor Its principals is presently debarred, SUBpended, proposed for debarment, declll/'ed ineligible or voluntarily excluded from participation in any transaction with a Federal or state department or agency. It furthar certifies that prior to submitting its Bid that it did Include this clause without modification in all lower tier transactlons. solicitations, proposals, contrac15 and subcontracts. In the event that vendor or any lower tier partiCipanl was unable to certify to thiS statement, an explanation was atlaclled to the Bid and weS delennlned by the City to be satisfectory to the City. 12. Warranties Aaainst Continaent Fees. Gratuities. Kickbacks and yonfllcts of Interest Vendor warrants that no person or selling agency has been employed or retained to solicit or se<;ure 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 tl1e Vendor for the purpose of se<;unng business. .... Vendor agrees not to give any employea or former employee of the City a gratuity or any offer of employment In connection with any decision, apprcval, disapproval, recommendation, pl'$paration of any part of a program requirement or a pun:hase request, influencing the content of any specification or proouroment standard, rendering advice, Investigiltion, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, datennination, claim or conlrov9f5Y, or othar particular maUer, pertaining to this Agreement, or to any solicitation 01' proposal therefor. Vendor represents that no official, officer, employee or representative of the City during the leon of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in tl1is Agreement or the proceeds thereof, except those thai may have been disclosed at tile time Ci~f Council approved the execution of this Agreement. . e . e J UN 03 '9'( 11 '39AM CITY OF R5PEI'i t"".b/( In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and con~ict of Interest, the City shall have the right 10: 1 , Cancel this purchase Agreement without any liability by the City; 2. Debar or suspend the offending parIJes from being a vendor, contractor or sub-contractor under City contracts; $. Deducl from the contl'8ct price or consideration, or olherwise recover, the value of anything transferred or received by the Vendor; mld 4. Recover such value from the offending parties. 13. Tel'l!!!r.latfon for Default 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 deterrnine that such cancellation Is In Its best interests and convenience, 14. Fund Availabiliw. F'inancial obligations of the City payable after the current fiscal year are contingent IlPon funds for that purpose being appropriated, blldgeted. and otharwise made available. If this Agreement contemplates the City utilizing state cr, federal funds to meet 1m obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuanllo the ternis of this Agreement. 15. Cltv Council Approval. If this Agreement requires the City to pay an amount of money in excesS of $10,000.00 it shall not be deemed valid until It has been approved by the City Council o~ the City of Aspen, 16. Non-Discrimination. No discrimination beCl!luse of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancesllY, handicap, or religion shall be made in the employmwnt of persons to perform under this Agreement Vendor agrees to meet all of the reqllirements of City's municipal code, section 13-98, pertaining to non-discrimina~on in employment. Vendor further agrees to comply with the letter and the spirit of the ColoradO Antidiscrimination ACt of 1957, as amended, and other applicable state and federallaW$ respecting discrimination and unfair employment practices. 17. Inleoralion and Modification. This written Agreement along with liD Contract Oocumenl$ shall oonstltute l!'Ie contract between the parties and supersedes or incorporates any prior written and oral agreements Of tMe parties. In addition, vendor understands that no City oflk:ia! or employee, other than the Meyor and City Council acting as a body at a council meeting, has authority to enter inlo an Agreement or to modify the terms of the Agreement on bel1alf of the City. Any such Agreement or modification to this Agreement must be in writing and be execuled by the parties hmeto. 16, Authorized Reoresentative. The undersigned representative of Vendor, as an Inducement to tile City to execute this Agreement, represents that he/ahe is an authorized rvpresentaWe of Vendor for the purposes of executing this Agreement and that he/she has full allcl " complete authority to enter into this Agreement for the terms and conditions specified herein. . . e JUN 03 '97 11 : 40AI1 CITY OF ASPEN J-'.l/( 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 inlentJ; and purposes, shalll:la considered as the original. ". FOR THE CITY OF ASpeN: "'" a /Uf~ o ATTEST: . ~ -:;-:---'-'--~'~'-':. By; -'. .-. -- .~ ..........~ / . purchagr.bid .' " ..-.