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HomeMy WebLinkAboutresolution.council.056-93 e!t1 ~.. " .. -.,,-. . \~. .-- . (. . s< " 0(i J RESOLUTION NO.~~ Series of 1993 A RESOLUTION APPROVING A SUPPLY PROCUREMENT AGREEMENT BETWEEN LOGAN MANUFACTURING COMPANY AND THE CITY OF ASPEN, COLORADO, FOR THE PURCHASE OF A NORDIC SNOWCAT FOR THE CITY OF ASPEN, 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 supply procurement agreement between Logan Manufacturing Company 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 the supply procurement agreement between Logan Manufacturing Company 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 of Aspen on the c10 AND ADOPTED by the City Council of the City day of h-.. . , 1993. / , J9=s. 5~~:~=--- 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 Clerk 1 ~. ~, .'.... '\"... . SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this 12th day July of 1993, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Logan Manufacturing Company, hereinafter referred to as the "Vendor" WITNESSETH, that whereas the City wishes to purchase one (/) "BEARTRAC 1800" snowcat with Tiller, Tracksetters, and Blade, hereinafter called the UNIT(s), in accordance with the 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,for the considerations hereinafter set forth, agree asfollows: 1. Purchase and Deliverv: 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 Sixty nine thousand, seven hundred, nine Dollars ($69.709.00). Delivery shall be FOB 585 Cemetery Ln., Aspen,CO. 2. Cancellation ofDeliverv: Vendor understands and hereby acknowledges that the City of Aspen is acting on behalf of itself, Pitkin County and the Town of Snowmass Village in this transaction. Vendor further acknowledges that neither the City of Aspen, Pitkin County or the Town of Snowmass Village have appropriated funds for this purchase at this time and this agreement may be canceled prior to delivery by the City upon seven(7) days written notice. In the event the City cancels delivelY and terminates this agreement, the parties agree that cancellation penalty shall equal $ <;"'1 '3S. '-I) . No other costs or damages shall be assessed the City should it cancel delivery or temlinate the agreement as set forth herein. 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 iffully set out at length herein. . 4. Warranties: Attached as Exhibit 'A'. 5. Successors and Assigns: 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 witlwut 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 arly 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 the City or Vendor because of any breach 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, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. . t.'.,. ~, c,"" .' ~.. 8. Aj;reemelU 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. AffOmey'S Fees. In the event that legal action is necessal)' to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable affomey's fees. 10. Waiver of Presumotion. 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 staWs of the parties in the negotiation, reviewal' drafting of the Agreement. 11. Certification Rej;ardilll'. Debannent. Susoension. Inelij;ibilitv. and VoluntalY Ere/usion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presemly deban-ed, suspended, proposed for debarment, declared ineligible or voluntarily exe/uded from participation in any transaction with a Federal or State departmenr or agency. It .fimher certifies that prior to submiffing its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcoiUracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanarion was alfached to the Bid and was detennined by the City to be satisfactol)' to the City. 12. Warranties Aj;ainst Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor wan'OlllS that no person or selling agency has been employed or retained to solicitor secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide eSfilblished commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or fonner employee of the City a grawity 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, renden'ng advice, investigation, auditing, or in ailY other advisOl)' capacity in any proceeding or application, request for ruling, determinatioll. claim or controversy, or other particular maffer, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or represenfiltive of tile City during the tenn of this Agreement has or one (1) year thereafter shall have any interest, direct Dr indirect, in this 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 agaillst contingent fees~ gratuities, kickbacks and conflict of interest, the City shall have the rri;ht to: 1. Cancel this Purchase AgreemeiU with aLl! any liability by the Cil)': 2. Debar or suspend the offending parlies from being a vendor, COllrmctorDr sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or othellvise recover, the &. ~.. '\". . .~ '{\,,- -- -...--. 4. value of anything transfeITed or received by the Vendor; and Recover such value from the offending parties. 13. Termination 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 determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropdated, budgeted and otlwwise made available. If this Agreement contemplates the City utilizing state or federal funds 10 meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the tenns of this Agreement. 15. Citv Council Approval. If this Agreement requires the City 10 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 Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital statw; affectional or sexual odentation, family responsibility, national origin, ancesl1y, handicap, or religion shall be made in the employment of persons 10 perform under this Agreemelll. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non. discrimination in employment. Vendor further agrees 10 comply with the leller Gnd the .Ipirit or the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state a/ld federal laws respecting discdmination and unfair employment practices. 17. Intezration and Modification. This written Agreement along with all COlllract Documents shall constitWe the contract between the parties and supersedes or incOlporates any prior writ/en and oral agreements of the parties. In addition, vendor understands that 110 City official or 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. Awho/ized 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 execwing this Agreement and thai he/she has full and complete authodty to enter into this Agreement for the terms and conditiollS specified herein. ~.' "< ".' '. '\',z. 'I. ~. . IN WITNESS WHEREOF, The City and the Vendor, respectively have caused llus Agreemenl 10 be duly executed lhe day and year first herein wriUen in lhree (3) copies, all of which, 10 all inlenls and purposes, shall be considered as lhe original. FOR THE CI1Y OF ASPEN: By: --j!,J4 ~ ATTEST: ~j; City Clerk7 ^--./ / d-Ik/ / VENDOR: LMC Operating Corp By: \ " \ \ A) A....J.--c:: -. .-=:::::::::'" Spencer Anderson \j , / Contracts Administrator purchagr.bid Title. EXHIBIT "A" " -... LOGAN MANUFACTURING COMPANY May 13, 1993 City of Aspen Department of Fleet Management 1080 Power Plant Road Aspen, CO 81611 RE: Tracked Vehicle Bid Dear Sir or Madam: In response to your recent bid invitation, I am enclosing a quotation for one (1) BEARTRAC 1800 with Tiller, Tracksetters, and Blade. The BEARTRAC 1800 is equipped with the necessary options to meet your stated needs. The BEARTRAC 1800 has reestablished the "state-of-the-art" by incorporating modern hydrostatic drive, speed, reliability and ease of operation in a compact maneuverable groomer. Our BEARTRAC 1800 is the standard on which all other competitors attempt to emulate. LMC has been manufacturing the BEARTRAC 1800 for over four years and has been producing tracked vehicles for over 30. The Caterpillar engine is a great advantage. As you know, Caterpillar is second to none in service support. This is a major consideration when you must have a powerful and reliable vehicle. Logan Manufacturing Company wants to make sure you have the best possible vehicle. Being the only American manufacturer of vehicles this class we are confident we can provide you with better service and support than any other manufacturer. To assure you of this commitment we are offering you additional benefits including: * FREE 5rYear/6,000 Hour Caterpillar Extended Warranty * GUARANTIED 24 Hour Spare Parts Replacement * FREE training to your operators and service personnel * FREE 2,400 Hour/2 Year Sunstrand Hydrostatic Warranty * FREE 1,200 Hourll Year BEARTRAC 1800 Warranty P.O. Box 407, Logan, Utah 84321 (801) 753-0220 TWX 910-971-5875 LMe Logan FAX 801-753.0222 I..... ~ .!. ~..,. .. ~ " As you can see LMC is seriously committed to our customers. In case of emergency (if the vehicle is down or unable to operate safely) LMC will GUARANTEE you a replacement part in 24 hours (Monday through Friday) or the part is FREE. On weekends "LMC's Emergency Parts Guarantee" will certify 48 hour deliveries. Be it service, parts, or technical support we are with you for the long haul. Our Model LMC BEARTRAC 1800 is becoming the vehicle of choice for snowmobile clubs in the northern Midwest, scientists working in Antarctica, and ski resorts throughout the USA. They know that LMC means quality, commitment, and service to our customers. We would be delighted to share this commitment with you. If you have any questions, please do not hesitate to call either Roger Merrill, our Regional Sales Manager in Grand Junction, CO (303) 242-4195 or me. Sincerely, ,( / : I /'.0.'[ '.I<>~' Spencer Anderson Contracts Administrator Ene!: Bid Forms Brochures List of LMC BEARTRAC 1800 Standard and Optional Equipment Offered Technical specifications :1.; '- fI'."... ~ I \l LOGAN MANUFACTURING COMPANY Bid Quotation For: City of Aspen DATE May 14, 1993 PART NUMBER DESCRIPTION Model BEARTRAC 1800 (2 Man Cab) 8' 8-Way U Blade 8' Lite Tiller 32" Tracks Hydraulic & Oil Temp Gauges Temp. Sending Unit 8 Way Front 6 Way Rear Hydraulics Tiller Drive Yellowstone Tracksetters Caterpillar Extended Warranty Red Paint 1219706-104 3519366-104 3416077-102 1215152-103 1215152-104 1228316 1219740 OTY 1 1 1 1 2 2 1 1 2 1 1 BID OPENING DATE Sales Price * Less Trade In Bid Price *Trade-In is a 19/14 Kassbohrer PB 130 S#81300001011384, with: 2,400 hours 2.6 meter U Blade 2.5 Meter Aluminum Tacks 2,5 Meter rotary Plow Authorized LMC Representative P.Q, Box 407, Logan, Utah 84321 (801) 753-0220 TWX 910-971-5875 LMC Logan FAX 801-753-0222 May 17, 1993 PRICE 91,709.00 22,000.00 69,709.00