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HomeMy WebLinkAboutresolution.council.140-00 RESOLUTION NO. Series of 2000 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRAC BETWEEN THE CITY OF ASPEN, COLORADO, AND HANSON EQUIPMENT, INC., ANI~ AUTHORIZING THE CITY MANAGER TO EXECUTE SAID 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 HANSON EQUIPMENT, INC. a copy of which contm~ 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 between the City of Aspen, Colorado, and HANSON EQUIPMENT, INC. a copy of which is annexei hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen t~ execute said contract on behalf of the City of Aspen. ....2000. ~-~ ~ / Rachel E. Richards, ~ay0r - I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspe Colorado, at a meeting held ~ o~o,~ ,2000. I' ? Kathryn S. I~ch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2000 - 6FM THIS AGREEMENT, made anct entered into. this day of 2000, by alnd between the City of Aspen, Colorado, hereinafter referred to as the "City" and HANSON EQUIPMENT, hereinafter referred to as the '¥endor." WITNESSETH, that whereas the City wishes to purchase Two Single-axle dump trucl~,~ One deicer with plow and One sand truck with specified attachments, hereinafter called t~ UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and a~ny associated Specifications. and Vendor wishes to sell said UNIT to the City as specified in its Bidi NOW, THEREFORE, the City and the Vendor. for the considerations hereinafter set forth, a§ tee as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of One Hundred Seventy-E.qht Thousand, Nine Hundrec~ Seventy-Eight Dollars and Ninety-Three Certh, ($178,978.93). ' 2. Deliver,/. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the sar are listed in the Invitation to Bid and said Contract Documents are hereby made a part of Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase sh accompany this contract document. 5. Successors and Assi.qns This Agreement and all of the covenants hereof shall inure the benefit of and be binding upon the City and the Vendor respectively and their agent! representatives, employee, successors, assigns and legal representatives. Neither the City n~ the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereund without the wdtten consent of the other party. 6. Third Parties. ThiS Agreement does not and shall not be deemed or construed to conf, upon or grant to any third party or parties, except to parties to whom Vendor or City may assig~n this Agreement in accordance with the Specific written permission, any rights to claim damages or to bring any suit, action or Other proceeding against either the City or Vendor because of an[y breach hereof or because of any of the terms, covenants, agreements or conditions hereih contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants Ir conditions hereof to be performed, kept and observed by the other party shall be construed, c~r operate as, a waiver of any subsequent default of any of the terms, covenants or condition~ herein contained, to be performed, kept and observed by the other party. 6fm PURCH. DOC 8. 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 agree( 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 ~e provisions of this Agreement, the prevailing party shall be entitled to its costs and reasona ,le attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through ti~e mutual efforts of the parties hereto and the parties agree that no construction shall be made i 3r presumption shall arise for or against either party based on any alleged unequal status of t~he parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment1 Suspension1 Ineligibility, and Voluntary Exclusi n. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is preset ly debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded fn 'n participation in any transaction with a Federal or State department or agency. It further certif ~s that prior to submitting its Bid that it did include this clause without mod ficat on n all lower t .~r transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or a ~y lower tier participant was unable to certify to this statement, an explanation was attached to ,e Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Continqent Fees, Gratuities, Kickbacks and Conflicts of Inter~ t.' Vendor warra.[~ 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, percenta.c brokerage, or contingent fee, exCepting bona fide employees or bona fide established commerc or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or former employee of the City a gratuity or ar~y offer of employment in connection with any decision, approval, d sapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content~f any specification or procurement standard, rendering advice invest oation aud t n,~ or in .Ay other adv'sory capacity n any proceeding or app ication, request for ruli%g, determinat?on, clair~'~- controversy, 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 duri~ the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indire< in this Agreement or the proceeds thereof, except those that may have been disclosed at the tin City Council approved the execution of this Agreement. 6fm_PURCH.DOC In addition to other remedies it may have for breach of the prohibitions against conting, nt 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 3r sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, le 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 prior :o acceptance by the City whenever for any reason and in its sole discretion the City shall determi e that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal ye ir are contingent upon funds for that purpose being appropriated, budgeted and otherwise ma, available. If this Agreement contemplates the City utilizing state or federal funds to meet obligations herein, this Agreement shall be contingent upon the availability of of those funds ?r payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of mort, in excess of $10,000.00 it shall not be deemed valid Until it has been approved by the City Court ~ of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, mad1 status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, religion shall be made in the employment of persons to perform under this Agreement. Vend ~.gre.es.to ..meet all of the req. ui.reme, nts. of City's municipal code, sect on 13-98, pertain ng to no~ lscnm~na~lon in emp oymen~, ven(3or Turther agrees to comply with the letter and the spidt of tl~ Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal lay respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contra~ Documents shall constitute the contract between the part es and supersedes or incorporates ar~y prior written and oral agreements Of the Parties. In addition, vendor understands that no Ci~ 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 ti' City. Any such Agreement or modification to this Agreement must be in writing and be execute 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 authorize{ representative of Vendor for the purposes of executing this Agreement and that he/she has fL and complete authority to enter into this Agreement.for the terms and conditions specified herein. 6fm PURCH.DOC IN WITNESS WHEREOF, The City and the Vendor, respectiVely have caused this Agreemen to be duly executed the day and year first herein written in three (3) copies, all of which, to all inte ts and purposes, shall be considered as the original. FOR THE CiTY OF ASPEN: City Clerk ~.,/' --/ VENDOR: HANS0N EQUIPMENT, INC. PRESIDENT Title. 7-PURCH.DOC 6fm PURCH.DOC