HomeMy WebLinkAboutresolution.council.062-04 'RESOLUTION NO. (~ ~' Series of 2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
· PURCHASE OF FOUR
APPROVING AN AGREEMENT FOR RADAR TRAILERS
FOR PEDESTRIAN SAFETY IMPROVEMENTS FOR THE CITY OF ASPEN,
COLORADO, BETWEEN THE CITY OF ASPEN AND DECATUR ELECTRO,NICS,
INC, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE CITY OF AspEN, coL0~O.
WHEREAS, there has been submitted to the City Council a Supply Procurement
Agreement for purchase of four radar trailers to promote pedestrian safety, between the
City of Aspen and Decatur Electronics, Inc., a true and accurate copy of which is attached
hereto as Attachment "F";
.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 agreement for
purchase of four radar trailers, between the City of Aspen and Decatur Electronics, Inc., a
copy of which is annexed hereto and incorporated herein, and does hereby authorize the
Mayor or City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen °n the ~/4'~'day °f?'2/~'~" ' 2004'
l~elen Kaiin K~a~derud, y
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
of Aspen, Colorado, at a meeting held on the day herl~inabove stated.
· Kathryn S. K~h7 C-fty C
TLO- saved: 6/2312004-261-G:\tara~Resos2~,adar Trailers.doc
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 2~h day of April, 2004 between
the City of Aspen, Colorado, herein after referred to as the "City" and Decatur
Electronics, Inc., hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase:
Four Galaxy Radar Trailers with one Vehicle Classifier System,
hereinafter called the UNIT(S) being more fully described and attached herewith as
'Exhibit A', in accordance with the terms and conditions outlhed 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 as follows:
Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as
described in the Contract Document and more specifically in Vendor's Bid for
the sum of Twenty Nine Thousand Eight HUndred and Eighty Five Dollars
($29,885.00).
2. Delivery. All units to be deivered to the City of Aspen Police Department.
Contract Documents. This Agreement shall include all Contract Documents
as the same are liSted in the Invitation to Bid and said Contract DocUment are
hereby made a part of this Agreement as if fully set outat length herein.
4. Warranties. Full 1 year warranty on all units.
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
without the written consent of the other party.
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 right to claim damagesor 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. Waivers. No waiver of default by either party of any ofthe 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.
Agreement 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 ~,ountY,
Colorado.
Attorney's Fees. In the event that legal action is necessary to enforce any of
the provisions 0f'~l~iSAgreement, the prevailing party shall be entitled to its
costs and reasonable attorney'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,
review or drafting of the Agreement.
11 .Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion~ Vendor certifies, ~Sy acceptance-of th~s Agreement, that r~ei~h'er it
nor its principals is presently debarred, suspended, proposed for del~rment,
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
tier transactions, solicitations, proposals, contracts and subcontractS. In the
event that Vendor or any lower tier participant was unable to certify to the
statement, an explanation was attached to the Bid and was determi~ned by the
City to be satisfactory to the City.
12.
Warranties A.qainst Contingent Fees, Gratuities, Kickbacks and Conflicts of
Interest. Vendor warrants that no ~iSbr~s;o'6~'~§~i'li'6~ ~a~-6~' has 'beeh
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 or selling
agencies maintained by the Vendor for the purpose of securing business.
Vendor agrees not to give any employee of the Citya gratuity or any offer of
employment in connectiQn.witb 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, rer~ering 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 therefore.
2
Vendor represents that no official, officer, employee or representative of the City
during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, excel~ 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 Oty shall have the right
to:
Cancel this Purchase Agreement without any liability by the City;
Debar or suspend the offending parties from being a vendor,
contractor or subcontractor under City contracts;
Deduct from the contract price or consideration, (~ otherwise
recover, the value of anything transferred 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'5e ~anceled bY the Ci~/p'ior 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 a~!d.co~?enie~r?.ce. ~
14. Fund Availability. Financial obligations of the City payable after the current
fiscal year 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 those funds for
payment pursuant to the terms of this Agreement.
15. City 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 of the City of Aspen.
16.
Non-Discrimination. No discriminat on. beca.u, se 9f.r. ace color, creed, sex,
marital status, affecti°nal or sexual orientation, family responsibility,' national
origin, ancestry, handicap, or religion shall be made in be 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
nondiscrimination in employment. Vendor further agrees to comply with the
letter and the spirit of the Colorado Antidiscdminatio!~..Act of 1957, as
amended, and other applicable state and federal laws respecting
discrimination and unfair employment practices.
17
· Integration and Modificatiort 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 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.Authorized 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 executing this
Agreement and that he/she has full and completeauthority to enter into this
Agreement for the terms and conditions specified herein.
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 intents and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
City M~.nager
ATTEST:
VENDOR:
Title
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