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HomeMy WebLinkAboutresolution.council.139-00 RESOLUTION NO. t~J~ Series of 2000 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRA( BETWEEN THE CITY OF ASPEN, COLORADO, AND INTERMOUNTAIN SWEEP[ COMPANY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAJ 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 INTERMOUNTAIN SWEEPER COMPANY a copy which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ( ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT betwe, the City of Aspen, Colorado, and INTERMOUNTA1N SWEEPER COMPANY a copy of which annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City Aspen to execute said contract on behalf of the City of Aspen. ~IE. Richards,'Ma I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is tree and accurate copy of that resolution adopted by the City Council of the City of Aspei Colorado, at a meeting held ~~~3,2000. Kathryn S. I~h~ ~ity Clerk' SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2000 - 19FM THIS AGREEMENT, made and entered intc. this /,~ day4:~"/~,'- of 2000, by ~ nd between the City of Aspen. Colorado, hereinafter referred to as the "City" and Intermounl lin Sweeper Company , hereinafter referred [o as the '¥endor." -- -- T-y~c~ ss~ WITNESSETH, that whereas the City wishes to purchase One (1) :r-ympee 600 ~ th Specified Options ~ereinafter called the UNIT(S), in accordance with the terms and condil ns outlined in the Contract Documents and any associated Specifications, and Vendor wishes to ell said UNIT to the City as specified in ts Bid NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set f h, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as descr ;d in the Contrac~ Documents and more specifically in Vendor's Bid for the sum of One Hund~ .~d Twenty-seven Thousand, Six Hundred Thirty Dollars and Fifty Cents $127,630.50). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents This Agreement shall include all Contract Documents as the sa~ ~e are listed in the Invitation to Bid and said Contract Documents are hereby made a part of is Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase s ~ll accompany this contract document. 5. Successors and Assi.qns. This Agreement and all of the covenants hereof Shall inure ~.o the benefit of and be binding upon the City and the Vendor respectively and their agenl s, representatives, employee, successors, assigns and legal representatives. Neither the City r )r the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereun¢ .~r without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to con' ;r upon or grant to any third par[y or parties, except to parties to whom Vendor or City may assk, n this Agreement in accordance with the specific wdtte~ permission, any rights to claim damages to bdng any suit, action or other proceeding against either the City or Vendor because of ai y breach hereof or because of any of the terms, covenants, agreements or conditions here contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants conditions hereof to be performed, kept and observed by the other party shall be construed, operate as, a waiver of any subsequent default of any of the terms, covenants or conditio herein contained, to be performed, kept and observed by the other party. 7-PURCH, DOC 8. Agreement Made in Coloradn The parties agree that this Agreement was ma( in accordance with the laws of the State of Colorado and shall be so construed Venue is agreec to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that egal action is necessary to enforce any of ne provisions of this Agreement. the prevailing party shall be entitled to its costs and reasor ~le attorney's fees 10. Waiver of Presumption. This Agreement was negotiated and reviewed through ~e mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall adse for or against either party based on any alleged unequal status of '~e parties in the negotiation, review or drafting of the Agreement. 11. Certification Re.qardin,q Debarment, Suspension, Ineligibility, and Voluntary Exclus n. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is preset' lly debarred suspended, proposed for debarment, declared ineligible or voluntarily excluded fr( m participation in any transaction with a Federal or State department or agency t further certif ;s that prior to submitting ts Bid that it did include this clause without modification in all lower er transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or ~ ly lower tier participant was unable to certify to this statement, an exp anation was attached to ~ ~e Bid and was determined by the City to be satisfactory to the City. 12. Warranties A,qainst Continqent Fees, Gratuities, Kickbacks and Conflicts of Inter~ ~t. Vendor warrants that no person or selling agency has been employed or retained to solicit ~r secure this Contract upon an agreement or understanding for a commission, percentag brokerage, or contingent fee, excepting bona fide employees or bona fide established commerc al or selling agencies maintained oy the Vendor for the purpose of secudng business. Vendor agrees not to give any employee or former employee of the City a gratuity or ely offer of employment in connection with any decision, approval, disapproval recommendatio l, preparation of any part of a program requirement or a purchase request, influencing the content ~f any specification or procurement standard, rendering advice invest gation aud t ng or in a~ y other advisory capacity in any proceed ng or app cation, request for ruling, determination, claim con[roversy, or other particular matter, pertaining to this Agreement, or to any solicitation ~r proposal therefor. Vendor represents that no official, officer, employee or representative of the City duril the term of this Agreement has or one (1) ~'ear thereafter shall have any interest, direct or indire 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. 19fm_PURCH_agreement. DOC In addition to other remedies it may have for breach of the prohibitions against coniir ;nt fees, gratuities, kickbacks and conflict of interest, the City shalt have the right to: 1. Cancet this Purchase Agreement without any liability by the City; Debar or suspend the offending parties from being a vendor, contractc or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, he 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 cancelled by the City pdor to acceptance by the City whenever for any reason and in its sole discretion the City shall determ le that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal ar are contingent upon funds for that purpose being appropriated, budgeted and otherwise ma :lo available. If this Agreement contemplates the City utilizing state or federal funds to meet ts obligations herein, this Agreement shall be contingent upon the availability of of those funds i or payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of mor in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Cou~ ~iYl of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, mar al status, affectional or sexual orientation, family responsibility, national odgin, ancestry, handicap, ~r religion shall be made in the employment of persons to perform under this Agreement. Vend ~r agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to n© 1- discrimination in employment. Vendor further agrees to comply with the letter and the spirit of t! ie Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal la,~ ts respecting discrimination and unfair employment practices. 17. Inte.qration and Modification. This written Agreement along with all Contr~ ;t Documents shall constitute the contract between the parties and supersedes or incorporates aJ ~y prior wdtten and oral agreements of the parties. In addition, vendor understands that no C :y official or employee, other than the Mayor and City Council acting as a body at a council meetir has authority to enter into an Agreement or to modify.the terms of the Agreement on behalf of t City. Any such Agreement or modification to this Agreement must be in wdting and be execut~ by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as ~ inducement to the City to execute this Agreement, represents that he/she is an authodz~ representative of Vendor for the purposes of executing this Agreement and that he/she has fi. and complete authority to enter into this Agreement for the terms and conditions specified herein. 19fm_PURCH_agreement. DOC IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreemel to be duly executed the day and year first herein written in three (3) copies, all of which, to all ihte ~ts and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: VENDOR: Title. 7-PURCH.DOC 19 fm_PURCH_agreemen~. DOC