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HomeMy WebLinkAboutresolution.council.142-00 RESOLUTION NO..it"~"~.''~ Series of 2000 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRA{ BETWEEN THE CITY OF ASPEN, COLORADO, AND BERTHOD MOTORS INC., Al, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEI-I] OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a. CONTRACT between the City of Aspen, Colorado and BERTHOD MOTORS INC. a copy of which contract 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 betwee the City of Aspen, Colorado, and BERTHOD MOTORS INC. a copy of which is annexed heret and incorporated herein, and does hereby authorize the City Manager of the City of Aspen execute said contract on behalf of the City of Aspen. Rac~61 E. Richfirds, Mayor ( I, Kathtyn S. Koch, duly appointed and acting City Clerk do certit~ that the foregoing true and accurate copy of that resolution adopted by the City Council of the City of Asp~ Colorado, at a meeting held ~ c:~_~ ,2000. Kathryn S. ~,' City ~Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2000 -~7FM THIS AGREEMENT, made and entered into, this ~L. day (3c_.'T~. of 2000, by ,r~d between the City of Aspen, Colorado, hereinafter referred to as the "City" and Berth~ INC., hereinafter referred to as the '¥endo~." WITNESSETH, that whereas the City wishes to purchase One (1), John Deere 5~10 Tractor with specified attachments, hereinafter called the UNIT(S), in accordance with terms and conditions outlined in the Contract Documents and any associated Specifications, ~d Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set fc h. agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase/he UNIT(S) as descrit: ~d in the Contract Documents and more specifically in Vendor's Bid for the sum of Twenty EJ ..Thousand Two Hundred and Fourteen Dollars and NO cents ($28,214.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO. ) 3. Contract Documents. This Agreement shall include ail ContraCt Documents as the same are listed in the Invitation to Bid and saic~ Contract Documents are hereby made a part of trois Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase shall accompany this contract document. 5. Successgrs and ~. 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 agent,s representatives, employee, successors, assigns and legal representat ves. Neither the City n~r the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder 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 assi. this Agreement in accordance with the specific written permission, any rights to cia m damages <~ to bring any suit. aCtion or other .proceed ng against either the City or Vendor because of ar~ breach hereof or because of any of the terms, covenants, agreements or conditions here contained. 7. Waivers. No waiver of default by either par[y of any of the terms, covenants conditions hereof to be performed, kept anG 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 observect by the other party. 17 fm-PURCH. DOC 8. Agreement Made in Coloradn. 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 e attorney's fees. 10. Waiver of ~. This Agreement was negotiated and reviewed through t~e mutual effo~'"parties hereto and the parties agree that no construction shall be made presumption shall arise for or against either party based on any alleged unequal status of t~e parties in the negotiation, review or drafting of the Agreement. 11. Certification Re.qardinq Debarment, Suspension Ineli.q bility, and Voluntary Exclusi( ~. Vendor certifies, by accepiance of th s Agreement, that neither it nor its principals is preser ly debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded fr( ~ participation in any transaction with a Federal or State department or agency. It further certit that prior to submitting its Bid that it did include this clause without modification in all lower t ;r transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or aey lower tier participant was unable to certify to this statement, an explanation was attached to tl~e Bid and was determined by the City to be satisfactory to the City. 12. Warranties Aqainst Contingent Fees, Gratuities, Kickbacks and Conflicts of Interelt. Vendor warrants that no person or selling agency has been employed or retained to solicit 0r secure this Contract upon an agreement or understanding for a commission ner,'~,n*~,~ brokerage, or contingent fee, except,rig bona fide employees or bona fide establ,sh;;d 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 dec s on, approval, disapproval, recommendatio , preparation of any part of a program requirement or a purchase request, influencing the content~!f any specification or procurement standard, rendering advice, investigation, auditing, or in a other advisory capacity in any proceeding or application, request for ruling, determination, claim ~r controversy, or other particular matter, pertaining to this Agreement, or to any solicitation r proposal therefor. 1r Vendor represents that no official officer, employee or representative of the City during the term of th s 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 timi City Council approved the execution of this Agreement. 17fm-PURCH.DOC In addition to other remedies it may have for breach of the prohibitions against contin, .~nt fees, gratuities, kickbacks and conflict of interest, the City shall have the dght 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, 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 Citv. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall deterr ~e that such cancellation is in its best interests and convenience. 14. Fund Av~. Financial obligations of the City payable after the current fiscal yt ~r 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 ts 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 monJey in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City CounCil of the City of Aspen. . 16. Non-Discrimination. No discrimination because of race, coor creed ~,, .... ~.- stal:us, affectional or sexual orientation, family responSibi ty, national odgin, ~'ncestr~, h~a'~l~lic"~',"~ religion shall be made in the employment o~ ,persons to perform under this Agreement. VenB~r agrees to meet all of the requirements of Citys municipal code, section 13-98, pertaining to no - discrimination in employment. Vendor further agrees to comp y w th the letter and the spirit of t e Colorado Antidiscr m nation ACt of 1957, as amended, and other applicable state and federal la~i respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contrai Documents shall constitute the contract between the parties and supersedes or incorn~f~ ~r~ prior written and oral agreements of the part~es. In addition, ven~lor understands t~;t no Oil official or employee, other than the Mayor and City Council acting as a body at a council meetini has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of thl City. Any such Agreement or modification to this Agreement must be in writing and be executei by the parties hereto. 18. Authorized Representative, The undersigned representative of Vendor, as a 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 fu and complete authority to enter into this Agreement for the terms and conditions specified herein. 17fm-PURCH.DOC IN WITNESS WHEREOF, The City and the Vendor, respectiVely have caused this Agreemen [o 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: ATTEST: ity Clerk ~ ' - Title. 7-PURCH.DOC tT£m-?U~,CH. DOC