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Home My WebLink Aboutresolution.council.022-93 :.1 ""..' ", '\1 "~ '~-'. w~ 'iJ <', ,~a '- () /\/ RESOLUTION NO.~ Series of 1993 A RESOLUTION APPROVING A PROCUREMENT CONTRACT BETWEEN ARAPAHOE PUMPING SYSTEMS AND THE CITY OF ASPEN, COLORADO, FOR THE PURCHASE OF AN IRRIGATION PUMPING SYSTEM FOR THE ASPEN MUNICIPAL GOLF COURSE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a procurement contract between Arapahoe Pumping System and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit" A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that procurement contract between Arapahoe Pumping System and the City of Aspen, 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 agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on /)", oj}. the I.t. day of ~ , 1993. ~ 5"~ (J~- ohn S. Bennett, Mayor Ii 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,aCa meeting held on the day hereinabove stated. unifilLrcs - --- From JF Apr.06.1993 01:38 PM P02 . SUPPLY' PROCUREMENT AGREEMENT TmS AGREEMENT, made and entered ioto, this 51lday of _jjft:.~l- --.'." 1993. by and between the City of Aspen, Colorado, hereinafter referred lCl as the "City" and Arapahoe. l'umpin~ Systems, hereinafter referred to as the "Vendor." WITNItSSl1'rH. that whereas the City wishes to purchase (a) One Golf Course 2-?un1p irrigation pumping station up&rade materials package, (h) Two (2) Alien-Urad\ey SMC !imar1 Motor Conti oller with pump option, and (c) One :3 HP Sub. pump, motor, and starte'. installed on main (exislinp. 2,pllmp station), hereinafter called the irrigation system, in accordanr~ willi the terms and conditions outlinecl in the Contract Documents and Ilny associated Spec'.fications, CInd Vendor wishes to sell said irrigation system to the City as specifie~ in its QuoiaUqn and cover letter c1atf'.d March 4, 1993, attached hereto as Exhibit "A" and by this referencc inCOllx>rated herein. NOW, THF.REFORE, the elly and the Vendor, for the considerat.ioJlS herc'nll.fter ,~~,I fclrlh, agree as follows: 1. Purchag. Vend~)r agl'\~.es to sell and City agrees to purchase the irrigation :iy~;'~Il'\ kklitificd above,. all as more funy desClribed in the Contra(.~t Documents and more sp~'c;Jic<II\)' in Vcndor'~ Q\lotali(.'n and cover letter dated March 4, 1993, for the ~\1111 01' $27,166.00. City &_. i\grees to pay Vendor $5,000.00 \lPOll delivery of I!'.quiprnent and support and th() remainder Ilpon '. satisfactory completion of the i1lstaliation of the irrigation system. . 2. ~Jj:\!fXY, Delivery shall be made +0 ~ G.~\" G:.1>l'-...t~ _' City shall have :he right to inspect and reject any (.\1' all parts thereof that fail to conform to specificat.ie,ns. In th~ event that the City l'I'jtWls goods delivered, Vendor shall refund ill full all funds paid in advanCt~ of delivery. 3. r;pnlract .P.QCJ!.~i.s, The Contracl Documents that are hereby Illade 1\ part of this Agreemr.nt as iJ fully set forth herein shall indude City's Invitation for Bids and VC;ldClr':; Proposal, Bid or Sales ESlin\~te attached hereto as Exhibit" A". 4. St1.!).9.e~,s.ru:s.Jlllcl A&siE!n~. This Agreement and all <If the covenants hert".of shaH inure. to the bt.'ocflt of and be bjlldin~ upon the City ilnd the Vendor respe<;.tivt:ly and theil' agents, representatives, emploYl'('., SllccesSOrs, assigns and legal representatives. Neither the City nor the Vendor shall havl." the right to assign, tmnsfer .or sublet its interest or ohligations hermll1dl'r without the written consent of the. .other party. . 5. Thl[~b1r1i<<. This Agreement does net and shall not be de<.~med or C(\nstT\lcd II) cl)nftr upon or grant to any third parly or parties, exceptIo partie,~ to whO/f. Vendor or City mal' jassign this Agret'nwllt in llccordance with the specific written permission, any righls to claim damages .or to bring any suit, action .or othel' pr.oceeding against either the City or Vendor becallseof MY breach hereoF or becIlU~C, .of any .of the terms, covenants, agreements or conditklllshcl'cin contained . 1,~.i), ".'... %\, tA. ~- .' < \ From JF Apr. 06. 1993 01:38 PM P03 6. Waivers. No waiver of default by either party of any of the terms, ~.ovenarls or c,(mditions hereof to be performed, kept and observed by the othe.r party shall be constru(:d, (lr operllt(\ liS, a waiv('-r of any subseQuent default (If any of the terms, covellltnts Of t'ondition~ herein C{Intained, to be pc,rformed, kept and observed by the other l.wly, 7. AireelI1~nl Made in _Colorado. The parties agree that this Agreement was madfJ it., acc.ordance with the laws of the Stale of Colorado and shllll be so con~lmd. Venu~. is a.~reed to be: ('xClusively ill the courts of Pitkin County, Colorado. 8. ^ttorney~$..~. In the event that ICt!:a] action is necessary (0 enforce any of the provisions of this Agreement, the. prevailing party shall be e,nlitled to it~ C('Sls and reasor:~ble attome.y's fees. 9. ~,l\j.vel:....9Lr.reSllm?lion. Thi8 Agr~.etnent was negotiated and reviewed through the: mutual efforts of the parties hereto and the parties agree that no construction shall be mE,de or presumption shall arise for or against either party based on any al'leged unequal staius ()f 11J<;: parties in the negolilltlon, review tW drafting of the Agreement. J O. Celtitl~(lJ1Qll. Re~aulJ.n&...j)eba\ment. SUSDensio.1). Inelie:ihilm...Jill!-YQJ!lill<l1.'Y BKclusion. Vendor certifies, by acceptan('~ of this Agreement, that neither it nor its principal:~ is presently debarn')(j, suspended, proposed f(lf debarment, decJar....d ineligible or volur:tarily t:~duded from participation in any transaction with a Federal or Stble departlnt\nt ur l.lgency. It furthi:'.f certifies that prior to submitting its Bid that II did include, this clause, withoul modification in all lower tier transactions, solicitations, proposals, contracts Iilnd subcontTllGI\:. In the e.vent tlJat \lel\dor or any lower tier participant was unable to (:ertify to this stalement, ;in e,xplanl\tion was atlached to the, Bid and was determined by Iht: Cily to he. satisfac:tory to the City. J I, Warranties.A.E.!linsil&ntin2:ent Pees. Gratuities. Kickbacks and Conf1il;1~9Ilnl~res[. VcndOl warrants lhM no person or selling ag~ncy has 'been employed 01' rNaine{1 to solicit 1)1' ~0CUre this Contract upoli an agreement or understanding for il commission, perce:ltllge, brokem['.c, or coJ1tin~.ent fee, excepting bona fide employCf:S or bona Jide OSlablished cornnlerl;ial or selling aRendes maintained by the Vl'mdor for the purpose of securing business. Vendor agre(',s !lOt to give any employee or former employee of the City Ii gratuity or ilny offer of employment in connccti(ll1 with any d(".cision, approval, disapprovai, recommcllchltion, preparation of any part of a JlI'ogram requirement or II purchase request, influencing Ihe c(:lnle'$ of any spedflcation or procurement standard, rendering advice, hwestigation, auditinl1" orin any other advisory capacity in any proceeding or application, request for ruling, determinlllion,lclail11 or controversy, Mother pro'ticu!ar matter, pertaining to (his AgI't.emel1l, or to any ~olici1<tti(\n or proposal therefor. Vendor rr,pl't:sents that nCJ official, officer, employee or representative of the City ourin!; 111'- ""nn (,f IIIL. ^~r,~'mc"L \I". VI ulle (1) .)'CiU UIC.l~rLCr sll..ll IIClVU allY lrlLCl'e~I" lIlrl;'.ct $r indh'l;cl-, i.n thill AJ.l,'I"8:orT\ont OP t.ha proQ..db thOl'oofl O:J.f.oopt tho",," tht.l.~ r'I:\lo'-)' h.:\vG h(X;-l" cJh'..:.ln~ur:.\ <lL Lilt: Ii",t' City COlllll;ll upprO\'l,;(l the executt\lJ\ or this ^greemem. In additiolJ to other remedies it may have for breach of the prohibiticlOs againSl cOi,tingelll ~:t.~. From JF Apr. 06.1993 01: 41 PM P01 ~---'-_. - '........... '(\i lei ~, , 0.<.- t- ., - fees, gratuities, kickbacks and conflict of interest. the City shall ha\'l~ the J'i~ht \0: ('ancel this l)urchase Agreement without any liability by the City; ~: r;ebar or suspend the offending pllrties from \'Ieing a vendor, .;ontrar;i,or or ~ub.contra.ctor under City contracts; .' . l)educt from the contract price or consideration, {lr {,thcrWlse recover, ,he value of anything transferred or received by. the Ve.ndorj and Recover slIch value from the offendin~ pllrtle~, 3. 4. I" Term, natiop 112r ~ault or for Convenience of City. The $ale contemplated by this A reel11;~t n\'lY bl\ c~~e-1eci by the City prior to acceptance by the City whencver f~r ;my r~l\:,(\I' a;c1 in its sole'discrNion the City shall determine that such cancellation is in it:, best Hl\r.re,~ls ~\I$l (',Onvc.niencc. 13, FU1\(I..AYili!~bi1ity. Financial ob1i~ations of the City ~ayabl~ after the C\lHt.nt fis?!\1 year l\'re conti;genr upon funds for that purpose beil~g ap?:o.prlale.d, buug!:ted and tlth(\rI!Jl~e m~de available. Jf this Agree,ment contemplates the Ctty uUltzmg state or federal funds \" l11e..l its obligations h('rein. this Agre.ement shall be, contingent upon the lIvililabi\ity of those fll$d~ f(li payment punuanl to the tel'ITlS of this Agrr.emellt. . 14. ~:QlIncil Approval. If this Agreement requires the Cil)' to pay an :~mo'JTlt (,I' 1110ney in l\Xc.ess of $25,000.00 it shall not be deemed valid until it has been approved by tlw City Council of the City of Aspen. . 15. HPn,Discl'iminaili:m. No discrimination because. of race, color, (;reed, sex,:J\1Iu'il~1 statu:;, affecti(,llil! or sexual orientation, family responsibility, national origin, ancestry, hanc1ic.a(), or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to IlH."et aJl of the. r~uirements of City's municipal code, section l3.98, pertaining to lIon.discriminatioll in employment. Vendor further agrees to comply with the lCl\cr and the spirit of the CulOrado Antidiscrimination Act of 1957, as amended, lmd other aj)lllic~bl~ stat\~ and federa', laws re~pecting discrimination and unfair employment practices. 1(;. hue!!ration and MOQificAtion. This written Agreement alone with a11 CuntrllCI Docurne,nls sh~11 wnstitute the contract belwC'.en the parties and supersedes or i.ncorporatl,'s ;1.n\' prior written and oral agree,mrnts of the parties. Any Agreement or 111odification 10 this Agreement must be in wl'iting and be executf'.d by the parties herc~lo. 17. buthoril~ Repres~nmm. The undersigne.d r(',presentative of Vencor, as an induccl1Ic,nt (I' the, City to execute this Agreement, represents Ihat he/she h an llln:10rized representative of Vendor for the, purposes of executing this Agreement and thal helsht', has full and complete authority to enter into this Agreement for the ter11lS and conditions specifi(\(l here.in. ,18. ~ity ~f Asnen ProcuremeTlt Code. Notwithstanding anylhins to thcCeolll1'1,C1 contained herem or 111 the Contract Documents, this Agreemenl shall be suhject to the City Clf Aspen 1'f()t.lIn'.ll\cnt. Code, Chapter 3 of the Municipal Code. . C2y~ ~. . - e, \'\ '~ From JF Apr.06.1993 01:41 PM - P02 ,.",..!,oI:MW, ~ IN WITNESS WHEREOF, The City and the Vendor, respectively have C8tlSOO this Agret'rnent 1(\ be duly executed the day and year first herein written in thrt'.e (3) copies; /),11 of whlch,to all intenls and P\II'poses, shall be considered as the original. FOR TIlE CI1'Y OF ASPEN: By: ~~, ~~"''''Jv--'---'--'---- By: ~~N""~ B",~~~ <;'1~tf~ ~~~.~~ a~ " ...,,_______..,,_._ VENDOR: 'l'ltle. Approved as, 10 Form: . "..' .,:~~~'j,"" ,., .i)!;---......' .. Vi " ,./';;,' ~ ~ 1)l\fotlJ.CI,I.'I(1 \'(\r,,,," .t./92