HomeMy WebLinkAboutresolution.council.026-05RESOLUTION #
(Series of 2005)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND AMB I.T. US SETTING FORTH THE TERMS
AND CONDITIONS REGARDING ACTIV TIMING AND CLOCK SYSTEM
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and AMB I.T. US, a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and *** regarding ***, 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 comract on behalf of the City of
Aspen.
Dated: (..~ ~~-~/..~a~";'.~'-~ ~yor
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
2005.Council of the City of Aspen, Colorado, at a ~ '/) ~/~---~ meet'~ g held this 2Yh day of April,
' Kath~.~/n S. Kochl City Clerk
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 11 th day of April 2005, between the
City of Aspen, Colorado, herein after referred to as the "City" and AMB Identification &
Timing hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase a Timing System & Clock
hereinafter called the UNIT(SI being more fully described and attached herewith as
'Exhibit A', 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 as follows:
Purchase. Vendor agrees fo sell and City agrees to purchase the UNIT(S) as
described in the Contract Document and more specifically in Exhibit A for the
sum of Thirty Seven Thousand Seven Hundred Sixty One Dollars ($37,761.00).
2. Delivery. (FOB 110 East Hallam, Suite 135, ASPEN, CO)
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 out at length herein.
4. Warranties. Minimum one year warranty.
Successors and Assi,qns. 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 damages or 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.
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.
A.qreement 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.
Attorney's Fees. In the event 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 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 Re.qardin.q Debarment, Suspension, Ineli.qibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it
nor its principals is presently debarred, suspended, proposed for debarment,
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 determined by
the City to be satisfactory to the City.
12.Warranties Aqainst Contin.qent Fees, Gratuities, Kickbacks and Conflicts of
Interest. Vendor warrants that no person or selling agency has been 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 City a gratuity 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, rendering 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.
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, 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 against
contingent fees, gratuities, kickbacks and conflict of interest, the City 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, or 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 be canceled 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 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 discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national
origin, ancestry, handicap, or religion 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
nondiscrimination 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 federal laws respecting
discrimination and unfair employment practices.
17. Inte.qration and Modification. 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 complete authority 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 Manager
A'F[EST:
City Clerk
Title
Exhibit A
2 Main Activity System
Track Side Box - Activ decoder, 6m, 9m, 12m loop wires,
batteries, charger-switch, GPS Receiver
300 Activ Units (chips)
300 Activ Neoprene Ankle Strap
300 Activ Bike Mounts
1 TI 2020 LED Timing Clock
1 Tripod for timing clock
1 Racewave Software
1 Data Collector Software
1 Dell Inspiron 600m Laptop with Windows XP & Office installed
Carrying cases for Equipment
1 Handheld device for use with the LED Timing Clock
$5,698 each
$63.00 each
$ 2.40 each
$ 4.50 each
$11,396
$18,900
$ 720
$ 1,350
$ 1,650
$ 225
$ 1,375
$ 0
$ 1,900
250
$ 995
AMB agrees to provide the City with one full day of training on the sof[ware and hardware on May 21 and
May 22nd 2005. The City agrees to pay for travel, lodging and other reasonable and approved expenses
related to travel. AMB must provide receipts or a reasonable accounting for reimbursement. The City has
agreements in place with local lodging providers and agrees to secure accommodations. If AMB is not
agreeable, we reserve the right to limit reimbursable lodging costs to the amount we would have paid under
our local agreements.
AMB agrees to provide the City with free technical support by phone and email for the life of the system.
AMB agrees to provide a 30-day return policy. If for any reason the City is not satisfied with the purchase,
the City may remm the system within 30 days from the receipt date for a full refund.
AMB agrees to a 3-year warranty from the date of purchase on all AMB equipment.
Total price the City agrees to pay for the system and options $37,761
Exhibit A
2 Main Activity System
Track Side Box - Activ decoder,
6m, 9m, 12m loop wires,
batterie~q, charger-switch, GPS Receiver
300 Actlv Units (chips)
300 Activ Neoprene Ankle Strap
300 Activ Bike Mounts
I TI 2020 LED Timing Clock
I Tripod for timing clock
I. Racewave Software
1 Data Collector Software
i Dell Iuspiron 600m Laptop with
2 Windows XP & Office installed
Carrying cases for Equipment
1 Handheld device for use with the
2 LED Timing Clock
$5,698 each $11 396
$63.00 each
$ 2.40 each
$ 4.50 each
$18,900
$ 720
$ 1,350
$ 1,650
$ 225
$ 1,375
$ 0
$ 1,900
$ 250
$ 995
AMB agrees to provide the City with one full day of training on the software and
hardware on May 21. and May 22"a 2005. The City agrees to pay for travel, lodging
and other reasonable and approved expenses related to travel. AMB must provide
receipts or a reasonable accounting for reimbursement. The City has agreements in
place with local lodging providers and agrees to secure accommodations. If AMB is
not agreeable, we reserve the right to limit reimbur~ble lodging costs to the
amount we would have paid under our local agreements.
AMB 'agrees to provide the City with free technical support by phone and email for
the life of the system.
AMB agrees to provide a 30-day return policy. If for any reason the City is not
satisfied with the purchase, the City may retnrn the sy.qem within 30 days from the
receipt date for a full refund.
AMB agrees to a 3-year warranty from the date of purchase on all A.MB
equipment.
Total price the City agrees to pay for the system and options
$37,761