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HomeMy WebLinkAboutresolution.council.141-00 RESOLUTION NO. Series of 2000 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRA( BETWEEN THE CITY OF ASPEN, COLORADO, AND L. L. JOHNSON DISTRIBUTIN~ COMPANY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAI~ 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 L. L. JOHNSON DISTRIBUTING COMPANY a COl of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT betwee the City of Aspen, Colorado, and L. L. JOHNSON DISTRIBUTING COMPANY a copy of whic~ is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the Cil of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~c:~ ~~g~ /Rachel E. Richards, Ma~or -- ~ certi~ 'that the fore ' ' I, Kathryn S. Koch, duly appointed and acting City Clerk do ty going ~§ a tree and accurate copy of that resolution adopted by the City Council of the City of Asp, a, Colorado, at a meeting held ~ ~ ~, 2000. Kathryn S. tCJch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2000 - 16FM THIS AGREEMENT, made and entered into, this day of 2000, by a~d between the City of Aspen, Colorado, hereinafter referred to as the "City" and The L.L Johns( Distributin Corn an , hereinafter referred to as the '~/endor." WITNESSETH, that whereas the City wishes to purchase One {1)~ Toro 455 - D 4 Wheel Drive Rouqh Mower~ hereinafter called the UNIT(S), in accordance with the terms and conditiohs outlined in the Contract Documents and any assoc ated Spec f cations and Vendor wishas tn gl~ll said UNIT to the City as specified in its Bid. ' ..... ~" Ni OW, THEREFORE, the City and the Vendor, for the considerations hereinafter set fo~ agree as follows: I 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as descril in the Contract Documents and more specifically in Vendor's Bid for the sum of Thirty-Ei,qi Thousand, Nine Hundred Ninety Dollars and NO Cents ($38,990.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the san are listed in the Invitation to Bid and said Contract Documents are hereby made a part of th s Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase sh~ll accompany this contract document. / 5. Successors and Assiqns 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 agent~, 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 assig this Agreement in accordance with the specific written permission, any rights to claim damages c~r to bring any suit, action or other proceeding against either the City or Vendor because of an~, breach hereof or because of any of the terms, covenants, agreements or conditions hereii .conta ned No waiver of default by either party of any of the terms, ~ovenants o 7. Waivers. 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 condition~ herein contained, to be performed, kept and observed by the Other party. 16 fm-?rJRCH. DOC 8. Agreement Made in Colorado. The parties agree that this Agreement was mad~ 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 1he provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonal ~le attomey's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through he 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 he parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusi )n. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is preser~tly debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded frbm participation in any transaction with a Federal or State department or agency. It further cert~es that prior to submitting its Bid that it did include this clause without modification in all Iowertier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or gny lower tier participant was unable to certify to this statement, an explanation was attached tothe Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Continqent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicitl 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 commerbial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any em ployee or former 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 contenlof any specification or procurement standar(:, rendering advice, investigation, auditing, or in,ny other advisory capacity in any proceeding or application, request for ruling, determination, clai~or controversy, or other particular matter, pertaining to this Agreement. or to any solicitation or proposal therefor. 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. 16fm-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, contracto~ or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, ~e 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 Io 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 ye ar are contingent upon funds for that purpose being appropriated, budgeted and otherwise ma le available. If this Agreement contemplates the City utilizing state or federal funds to meet Is obligations herein, this Agreement shall be contingent upon the availability of of those funds )r payment pursuant to the terms of this Agreement. 15. Cit Council A roval. If this Agreement requires the City to pay an amount of monl ~y in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Counl of the City of Aspen. ' 16. Non-Discrimination. No discrimination because of race, color, creed, sex, mad 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. Venc agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to nc discrimination in employment. Vendor further agrees tO comply with the letter and the spidt of ti Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal Iai respecting discrimination and unfair employment practices. ~ 17.' Inte.qraton and Modification. This written Agreement along With all Contra Documents shall constitute the contract between the parties and supersedes or incorporates ar~y 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 ; 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 and complete authority to enter into this Agreement for the terms and conditions specified herein 16fm-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 wdtten in three (3) copies, all of which, to all intel and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: ATTEST: City Clerk // ' - Title. 7-PURCH.DOC 16fm-?URCH. DOC