HomeMy WebLinkAboutresolution.council.026-06
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RESOLUTION # z.t.
(Series of 2006)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND PRECISE PARK LINK SETTING FORTH THE TERMS
AND CONDITIONS REGARDING THE PURCHASE OF PA Y-AND-DlSPLA Y
UNITS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT 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 Precise Park Link, 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 Precise Park Link regarding Pay and
Display Meters, 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 ofthe City of Aspen.
Dated: 7h~ 0 ~h
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 April 24th, 2006.
04/17/2006 08:08
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9709207473
CITY OF ASPEN
PAGE 02
SUPPLY PROCUREMENT AGREEMENT
TInS ~GREEMENT, made and entcred into, this ~ day of Apr' ( 2006'
between the City of Aspen, Colorado, herein after referred to as the "City" and Precise ParkLink
hereinafter referred to as the "Vendor". .
WITNESSETH, that whereas the City wishes to purchase a variety of Pay Stations
hereinafter called the UNIT(S) being more fully described llI\d attached herewith as 'Exhibit A' ,
in accordancc 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 th.e Vendor, for the considerations hereinafter set
forth agree as follows:
1. 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
indicated for each unit in "Exhibit A". Total purchase may not exceed Twenty Five
Thousand Dollars ($25,000). Purchases over $25,000 must have City Council's
approval.
2. Deliverv. (FOB 130 South Galena Street, ASPEN, CO 81611)
3. 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. (Per Manufacturer).
5. Successors and AssilmS. 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.
6. 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 brcach hereof or because
of any of the terms, covenants, agreements or conditions herein contained.
7. W wvers. 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 ofthe terms,
covenants or conditions herein contained, to be performed, kept and observed by the
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04/17/2006 08:08
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PAGE 03
8. A"reement Made in Colorado. Thc parties ,agree that this Agrcement was made in
accordance with the laws ofthc State of Colorado and shall be SO constmed. Venue
is agreed to be exclusively in the courts of Pitkin County, Colorado.
9. Allornev's Fees. tn the event that legal action is necessary to enforce any of the
provisions of this Agrcement, the prevailing party shall he entitled to its costs and
rcasonahle attorney's fees.
10. Waiver ofPresumotion. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agrce 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 negotiatiori, review or drafting of the Agreement.
11. Certification RelZardim! Debannent. Suspension, Inctigibilitv. and Voluntarv
Exclusion. Vendor certifies, by acceptance of this Agreement,lhat neither it nor its
principals is presently debarred, suspended, proposed for debannent, declarcd
ineligible or voluntarily excludcd from participation in any transaction with a Federal
or State department or agcncy. [t 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 AlZainst Contingent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Vendor warrants 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 fce, excepting bona fide employees or bona fidc
cstablished commercial or selling agencies maintained by the Vendor for the purpose
of securing busine~s.
Vendor agrees not to give any ernployec of the Citya 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 procurcment 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 Agreemcnt has or one (I) year thereaftcr shall have any interest, direct or
indirect. in this Agrcement or the proceeds thereof. cxcept those that may have been disclosed at
the time City Council approved the execution of this Agrccment.
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In addition to other remedies it may havc for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the' City shall have the right 10:
I. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offcnding parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract pricc or consideration, or otherwise recover. the
value of anything transferred or received by the Vendor; and
, 4. Recover such valuc from the offending parties_
13. Termination for Default or for Convenience ofCitv. 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 Availabilitv. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgcted and
otherwise made available. If this Agreemcnt contemplates the City utilizing state or
federal funds to meet its obligations herein, this Agreement shall be contingcnt upon
the availability of those funds for payment pursuant to the terms of this Agreement.
15. City Council Aooroval. If this Agreement requires the City to pay an amount of
money in excess of$IO,OOO.OO it shall not be dcemed valid until it has becn approved
by the City Council of the City of Aspen.
16. Non-DiscrimiIfation. No discrimination because of race, color, creed. sex, marital
status, affectionil:1 or sexual orientation, family responsibility, national origin,
ancestry, handicap, or religion shall be rriade in the employment of persons to
perform under this Agreement. Vendor agrccs to meet all of the requircments of
City's municipal'code, section 13.9.8, pertaining to nondiscrimination in employment.
Vendor further agrces to comply with the Ictter and the spirit of the Colorado
Antidiscrimination Act of 1957, as amended, and other applicable state and fcderal
laws respccting discrimination and unfair employment practices.
17. Intel!ration and Modification. This written Agreement along with.all Contract
Documents shall constitute the contract between the parties and 5upersedcs or
incorporates any prior written and oral agreements of the parties. In addition, vcndor
understands that no City official or employee, oth.er than the Mayor and City Council
acting as a body at a council meeting, has authority to enter into an Agreement or 10
modify thc 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. .
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9709207473
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PAGE 05
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18. Authorized Representative. The undersigned representative of Vendor, as an
\nducemc:ntto the City to execute this Agreement, represeTJts 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 fo enter into this Agreement for the tem,s
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:
By:
City Manager
ATTEST:
City Clerk
VENDOR:
LV-I \ lo..h
Name
\Ot) flc>("",\ flo.d Wc>-f A\Je'..
Address
_:To'(o~ l O~(i" tf\~L 2,(5
City, State. Zip
V'lce Qi(SJt~ ~('1M-e...J rl\o.'f\AJu
By. Titlc
~
PRECISE
PARKLINK™
"'-/
Client address:
CCN#
CCN Date
Job name:
QUOTATION #3
3/21/2006
City of Aspen
City of Aspen
Attn: Tim Ware
130 S Galena. Aspen. Co 87611
We would like to take this opportunity to thank The City of Apsen for the opportunity to provide this quotation.
Plus Applicable taxes.
Item Description
Precise ParkLink Pay & Oisplay CC/RF/Solar
Qty
70
Price U
9,928.57 E
Hrs U
0.00 E
Mat $
694.999.90
Tot. Hrs
0.00
$694,999.90
0.00
Summary
General Materials
Total ($)
694.999.90
Final Amount
$694,999.90
,
CONTRACTOR CERTIFICATION
Name:
Date:
Signature:
Change Order #:
.rtlfy that this quotation is complete and accurate baaed on the information provided.
CLIENT ACCEPTANCE
CCN#: QUOTATION #3
Final Price: $694999.90
Name:
Date:
Signature:
Change Order #:
J hereby accept this quot.1tion and authorize the contractor to complete the above described wor1l..
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TORONTO 100 Floral Parkway Toronto Ontario Canada M6l2C5 T.416.398,4052 F. 416.398.6391 Toll. 888.783,PAAK(7275)
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