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HomeMy WebLinkAboutresolution.council.046-18 RESOLUTION #046 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND DURAN'S HOBBY ACRES, INC. 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 for the Parks Department Flower Supply,between the City of Aspen and Duran's Hobby Acres Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Parks Department Flower Supply, between the City of Aspen and Duran's Hobby Acres Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the 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 on the 12'h day of March 2018. S en Ska ron, Mayor I, Linda Manning, duly appointed and acting City Jerk do certify that the foregoing is a true and accurate copy of that resolution ad pted by the City Council of the City of Aspen, Colorado, at a meeting held, March 12, 2018. c'ai inda Manning, City Cle k a The Or otamen CITY OF ASPEN STANDARD FORM OF AGREEMENT slausornevas®oe SUPPLY PROCUREMENT City of Aspen Project No.: 2018-015. AGREEMENT made as of 12'^day of March,in the year 2018. BE1'Vt'EEN the City: Contract Amount: The City of Aspen e%Parks Department 130 South Galena Street Total: $29,870.76 Aspen,Colorado 81611 Plus Delivery fees Phone:(970)920-5055 If this Agreement requires the City to pay And the Vendor: an amount of money In excess of $26,000.00 it shall not be deemed valid Du an's Hobby Acres Inc. until it has been approved by the City do Tum Acton Council of the City of Aspen, 15591 N. 10Th Street _CIN Council Approval: Longmont,CO 80504 Phone:303-507-7741 Date; March 12, 2018 Resolution No.: 1 —Ab Summary Description of Items to be Purchased: Supply flowers and flowering plants. Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment,or materials to be purchased. The City and Vendor agree as set forth below. I kwxhug• Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Deliv (FOB 585 Cemetery Lane,Aspen,Colorado 81611) [natvery Address] 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. See Exhibit B_ S. 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. 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 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. g. 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 County,Colorado. 9. 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 Regarding. Debarment, Suspension. Ineligibility. and Voluntary c i n 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 Against Contingent Fees. Gratuitjeg,Kickbacks and Conflicts of Interest. (A)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_ (B)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 Wiling, determination, claim or controversy, or other particular matter, pertaining to this Agreement,or to any solicitation or proposal therefore. (C)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- (D) greement(D)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: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration,or otherwise recover,the value of anything transferred or received by the Vendor,and 4. 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. of �� 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. I£this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those fiords 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$25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Von-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 farther 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. Integration 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 th6 Mayor and City Couucll 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 W and complete authority to enter into this Agreement for the terms and conditions specified herein. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall'be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use'of electronic signatures by either Patty. The Scope of Work, and any other documents requiring a signature hereunder,may be signed electronically in the mariner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parries agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. c� 11 IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duty 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': Att By: '.,, 114, Aspen City Manager Linda Manning,Ciry Cl" -/) -/ Date SUPPLIER: DURAN'S HOBBY ACRES INC. Title Date EXHIBIT A SUPPLY PROCUREMENT AGREEMENT BID PROPOSAL FORM PROJECT NO.: 2018-015 Y31D DATL: 2:00pm,February 23,2018 PROJECT: Parks Department Piaral Bid A PROPOSAL SUBMITM BY: Rr" 4}Olvbn �TKc VFM"T( VENDOR'S PROPOSAL TO: The Governing Body of the City of Aspen.Colorado The wtdersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion -or conneefion with any other person or persons bidding for the same work, and that it is made in .pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and mquost for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Stx 60 consecutive calendar days from the date ofbid opening. The City of Aspen reserves the right to make tho award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or All bids. By signing this document, Contractor certifies and repitesents that at this time: (1) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has pardeipated or attempted to paracipare in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered j through aP1.971.doc •nP1 Page 1 _ o�1 11 ceetmeloA inUa f 2018-015 Parks Department Floral Bid MILL Boxes . 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Fue o Redxd0l White Eve 4 41/2° 3 Col Hawaiian L 411r- FI ors Verb 2 1204 Zonal Geranium Violet 5 1 4 10 Red 6 4112" Ivia S,Rrmer JevveI Red 3 4 2' T Stark and Blue 6 4 0 Dra to 'Pbdc 5 4I .5 X60 antha Jumbo Red Ember 3 4 W Amaronthus Caudatuia Red 3 2 GmRn 3 1204 <. Viola Fanny Lane Mix 2 1204 _ Tor er, 1204 Dahlia Firayffirks MIK 6 41 Phlox Mbt 6 41fZ' zionla Double Tahera Mix 6 1204 Echinecea Cheyenne Spirit 30 01 lqg,uo Decorative Terra Cotta Paw 7 (41 nenf d pBrMe otrtab 4'a ARC clI tion 014flnul C a Comments @ntr4rtca Pens c 10 1204 1D Circle Pansy Lavender Shades i 10 1204 ' Delivery Fee $ qS 1rrxck/06t� 9 � 0 I acknowledge that in submitting this'bid it is understood that the right to reject ahy and all bids has been reserved bv the owner. Authorized Officer: rds ' Full name signature: Company address: _ 1 55C, ( lAJ I Ot- �onG• � On ao 570 L-( Telephone: I ��_� — S 0 7 7 9L Email: _ s -a vrr-ip cN-t Attested by: BPI-671.doc 'Bht Page 2 X11 —•_,�–� ccavactnf9 wtiats t7 EXHIBIT B WARRANTY—CONDITION AND CRITERIA FOR PLANTS Conditions • All plant materials delivered to the City of Aspen shall conform to the Colorado Nurseryman Association's standards for herbaceous plants. • At the time of delivery,all plants must be inspected by the City of Aspen. If the plants do not meet the established criteria listed below, in whole or part,they may be rejected. • The duration of this contract shall be for two (2) calendar years. The contract period shall begin March 12,2018 and expire March 31,2020. Sbecific Criteria for plants • All plants must be free of insects, disease, and recognized noxious vegetation. All plants must be in at least fifty (501/9)percent bloom at time of delivery. • All plants must be well rooted within their container in such a way as to be successful upon immediate out planting. Floral material shall not be"root bound"within their individual cell. • Planting media must be adequately moist based on the soil structure and texture. The growing medium should be an appropriate potting mixture that includes Vermiculite, Perlite,and other appropriate components. A sample of various standard growth media shall be submitted for inspection as a condition of the award of the contract. • Hanging baskets shall consist of several varieties of plants (as specified). This variation shall incorporate varying heights,colors,blooming time,and duration. All baskets shall be constructed in such a manner that they are full and densely vegetated.All previous criteria hold true. The successful vendor shall supply a growth progress report one(1) month prior to delivery. • Delivery must adhere to the following schedule,though timing may very no more than one week sooner or later than proposed scheduled delivery date,dependent upon City of Aspen Parks Department needs: • Mid May thin June 2- delivery of flower order and hanging baskets • Mid May thru June 2 - delivery of Urn order ■ June 5t1 -delivery of ARC order