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HomeMy WebLinkAboutresolution.council.027-98 ,~, \~ ,-,.., RESOLUTION NO~ Series of 1998 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND, 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 The L.L. Johnson Distributing Company, 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 The L.L. Johnson Distributing Company, 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: ~/3. ,1998. ..JOhnsl::,~~ r ~. ~ 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 ~. / & , 1998. . ~ , RPR 06 '98 12:29PM CITY OF RSPEN P.2/5 ~ r-- SUPPLY PROCUREMENT AGREEMENT CITY OF ~pEN BID NO. 1998 - 6FM THIS AGREEMENT, made and entered Into, this _ day of 1998, by and between the City of Aspen, ColOrado, hereinafter referred to as the "City" and The L.L. Johnson Dlstributlna Comoanv . hereinafter referred to as the "Vendor." WITNESSETH, that whereas the CIty Wishes to pUrcm.s. One 11\ steiner 430 vax Trac:tor\Yith 8Ileclfi8d "~"hments. One Toro Workman 3a90 wIttt SDlIC~; attachments. and One 11~ Toro WOf1<n\ln 4300 with 8D8C1f1ed attachments hereinafter called the UNIT(S), In accordance with the terms and conditionS outffl'14tCf In the Contract DoCl.llTlents and any nsociated Specifications, and Vendor wishes to SEll/said UNIT to the City as specified In its Bid. NOW. THEREFORE, the City and the Vendo!', for the considerations hereinafter set for1h, agree as fOllows: 1. PurchS18. Vendor agrees to sell and City agrees to purchase the, UNIT($) as deSCllbed in the 'ContractDocuments and more specifically in Vendor's Bid tor the sum of ,1xtv-QJ1e !housand. Six HundNd 'fI)/m- Three QgJIa"C and ~f}ttv-EI$Jht Cents ($ff.e:tiJ.ell. 2. DellwIrv. (FOB 1080 FOWER PLANT RD. ASPEN, CO.) 3. Contract OocuQ)enlS. This Agreement shall indUCe all Contract Documents as the same are listed In the Invitalion to BId and sald Contract Documents are hereby lNlde a pari of this Agreement as If fully set out at length herein. 4. Wammti8s. A futl desCription of ell warranties as89Clated With this purchase shall acx:om.,.ny this conlrIc:l document. S. &........0,. and Assians. This Agreement and all or the covenants hereof shall Inure lD the benefit of end be b1/'\dlng upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns end legal representatives. Neither the City nor the Vendor shall have the right to essign, tnm8f8r or sublet Itlllnterest or obligations hereunder without the WJftten consent of the other party. 6. Third ParliV. 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 aSllgn this Agreement in accordance with Itle specific written pemlislllon, any rights to claim dlImllQ8S or to bt1ng any lul~ donor other proceeding against either the CIty Or Vendor because of any breach hereof or bec:auStt of eny of the terms, covenants, agreements or condItions herein containecJ. 7. Walv8!J. 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 part)! shall be consln.ied. or operate as, a waIVer of any subsequent default of any of the terms, covenants or conditions herein cont&lnecJ, lD be performed, kept and oblerved by the other party. ~. r-. r-\ ! ~ , RPR 06 '98 12:29PM CITY OF ASPEN P.3/5 a. Aareement 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 constNed. Venue is agreed to be exclusively in the courts of PItkin County, Colorado. , 9. AttorneYs Fees. In the event that legal aolion IsneC8Ssary to enforce llny Of the provillons of this Agl'llement, the prevailing party shall be entitled to Its costs and reuonable attorney's fee.. 10, Waiver Of P'lSumotlon. This Agreement was negotiated and r'8viewed 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" review or drafting of the Agreement. 11. Certitlc:ation Reaardina Debarment. SusDensiDn. lnellalbllitv. and Voluniarv ExtIusion. Vendor oertlfl8l, by accep1anoe of this Agreemen~ that nel1tler It nor its principals is presently debarred, fU8P8l'lded, propO$ed for debannent, declared Ineligible or volun.Uy excluded from . participation in any transaclIon with a Federal or Stalll department or agency. It further certifies that prior to submitting Its Bid that It did include this Clause without modiftcation in all lower tier transactiOns, soUcitatiOns, proposals, eontracts and SubcOntracts. In the event that vendor or any lower tier particlpant was unable to certify to this statement, an 8lCpIan.tion was attached to the Bid and was detennlned by the City to be satisfaGtory to the City. . 12. Warranties Aaainst Co~na.ot F~. Gratuities. Klckb8ckll and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Connct upon an agreement or undenltanding for a commiu/on, percemalle, brokerage; or contingenlfee, excepting bon. fide employees or bona fide estabUshecl commercial or selling agenclea maintained by the Vendor for the purpose of securing business. Vendor agAles not to give any employee or fonner employee of the City a gratuity or any offer of ~ploymenl in connection with any dec:lsion, approval, dlsapproval, recommendation, prepar'8tion Of any part of a program requirement or a purchase request, influencing the eonlsnt of any speclflcation or ptOCUrement standard, rendering advlce, Inv8ltlgation, aucllting, or in any other advisory capacity in any proceeding or applicatiOn, request for ruling, determination, claim or controversy, or olt1er particular matter, pertaining to this AgAlemen~ or to any solICitation or proposal therefor. . Vendor tepl8S8l1tS that no officlal, o1ffcer, employee or representatlve of the City du!ing the tenn of this Agreement has or one (~) year thereafter shall have any Interest, direct or indirect, In thiS Agreement or the proceeds theAlor, except those that may have been dl$dosed at the time City Council approved the execuIion of this Agreement. RPR 06 '98 12: 30P~1 CITY OF ASPEN P.4/5 ~. In additi9n 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 right to: 1. Cancel this Purchase Agreement without any rl8bllity by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-Qantractor under City contracts; 3. Deduct from the contract price or consideration, or othelWise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offendlng parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be cancelled by the City prior to acceptInce by the City whenever for any reallOl1 llnd In Its sole dlsCl1ltion the City shall determine that $UCh cancellation Is In its beet interests and convenience. r 14. Fund AvallabilitY. Financial obligations of the City payable al'ler the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made avaUable. 11 this Agreement contemplates the City utllizlng state or fedetal funds to meet its obligations herein, this Agreement shal be contingent upon the avaUabllity of of those funds for payment pursuant to the terms of this Agreement 15. CItv Council AODl'OVal. 11 this Agreement requires the City to pay an amount of money In excess of $10,000.00 it shan not be deemed valid until It has been approved by the City Council of the CIty of Aspen. 16. Non-Discrimination. No discrimination because of race, CQlor, creed, sex, marital status, affectkmai or sexual orienlalion, family responsibility, national origin, ancestry, handicap, or 18/lglon shall be made in the employment of persons to perform under this Agreement Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to ncn-dlscrimlnation in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Anticli$Criml'l8tion ACt of 1957, as amended, and other applicable state and federal laws respectlng discrimination and unfair employment practices. 17. Jnt8S1ratlon and Modification. This written Agreement along with all Contract Documents shall conltltute the contract belween the parties and supersed", or incorporates any prior wrftten and oral agreements of the parties. In addition, vendor understands that no 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 Agl8ement must be in wrltlng and be executed by 1he parties hereto. 18. Authorized Reol'fS8l'llative. The undersigned representative of Vendor, as an inducement to the City to execute this Agl8ement, I8presents that he/she Is an authoriZed representative of Vendor for tpe purposes of executing this Agreement and that he/she has full and complete authority to enter Into this Agreement for the terms and conditions specified herein. ~ (' r--, o , RPR 06 '98 12:31PM CITY OF ASPEN P.5/S IN WlTNESS 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 Intents , and purposes, shall be considered as the original. ~ . ~:r )~ ClyClerk By: VENDOR: L. L. JOhnson Distributing Co. I/L~r B~ Don Swanberg Western Territory Manager TltIe. purchagr.bid