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RESOLUTION NO. W
Series of 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR PURCHASE OF REPLACEMENT CARDIO
EQUIPMENT IN THE ASPEN RECREATION CENTER, BETWEEN THE CITY OF
ASPEN AND FITNESS SYSTEMS, AND AUTHORIZING THE MAYOR OR 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 purchase
of replacement cardio equipment for the Aspen Recreation Center, between the City of
Aspen and Fitness Systems, a true and accurate copy of which is attached hereto as
Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract for
purchase of replacement cardio equipment for the Aspen Recreation Center, between the
City of Aspen and Fitness Systems, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the Mayor or 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 ;2.:r day of ~007.
Michael
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day he einabove stated.
G: \tara\RESOS\ARC.cardio.doc
ATTEST: .
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VENDOR:
By:
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Page 1 0'2
1266 E WOODMEN RD<>COLORADO SPRINGS, CO 80920<>719-594-6969<>FAX 719-594-6912
FITNESS SYSTEMS
PRICE QUOTATION
Quote # ARC 4.17.07 A
DATE: 4/17/2007
ATTN: PAUL
BILL TO: ARC
SALESPERSON: ERIKHAESSL Y
ATTN:
BILL TO:
VALID FOR: 30 DAYS
J
ADDRESS: 0861 MAROON CREEK RD
COLO SPGS, CO 81611
ADDRESS:
PHONE: 970-544-4106
PHONE:
FAX:
FAX:
QTY ITEM NUMBER DESCRIPTION UNIT PRICE TOTAL
, $ -
$ -
3 PCC956i PRECOR C956i HEAVY COMMERCIAL TREADMILL $ 5,995.00 $ 17.985.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS,WI CANTILEVERED HANDRAILS, 26 PROG. $ -
DUAL HEARTRATE. -0% INCLINE TO 15 % INCLINE, $ -
16 MPH TOP SPEED, SHIFT ON FLY PROGRAMS $ -
. LIST PRICE: $9295 $ -
2 PCC576i PRECOR 576i HEAVY COMMERCIAL ELLIPTICAL $ 5,890.00 $ 11,780.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS, 14 PROGRAMS, UPPER BODY & $ -
ADJUSTABLE RAMP, DUAL HEART RATE $ -
SHIFT ON THE FLY PROGRAMS $ -
LIST PRICE: $8195 $ -
1 PCC546iP PRECOR 546i HEAVY COMMERCIAL ELLIPTICAL $ 5,090.00 $ 5,090.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS, 10 PROGRAMS, ADJUSTABLE $ -
~ RAMP, DUAL HEART RATE, SHIFT ON THE $ -
FLY PROGRAMS $ -
LIST PRICE: $7495 $ -
$ -
2 PCC846iR PRECOR C846i HEAVY COMMERCIAL RECUMBENT $ 3,145.00 $ 6.290.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS,12 PROGRAMS, DUAL HEARTRATE $ -
SHIFT ON THE FLY PROGRAMS $ -
LIST PRICE: $4795 $ -
$ -
$ -
I EQUIPMENT TOTAL PAGE 1 $ 41,145.00
.
Page 2 of 2
1266 E WOODMEN RD<>COLORADO SPRINGS, CO 80920<>719-594-6969<>FAX 719-594-6912
FITNESS SYSTEMS
PRICE QUOTATION
Quote # ARC 4.17.07 A
QTY ITEM NUMBER DESCRIPTION UNIT PRICE TOTAL
$ -
$ -
2 PCC846iU PRECOR C846i HEAVY COMMERCIAL UPRIGHT $ 2,875.00 $ 5.750.00
EXPERIENCE SERIES WI PERSONAL VIEWING $ -
SCREENS,12 PROGRAMS, DUAL HEARTRATE $ -
SHIFT ON THE FLY PROGRAMS $ -
LIST PRICE: $4595 $ -
$ -
1 PCCAMT PRECOR AMT ADAPTIVE MOTION TECHNOLOGY $ 6,695.00 $ 6,695.00
USER - DEFINED STRIDE, 4 PROGRAMS $ -
(NOT AVAILABLE UNTIL MID TO LATE FALL) $ -
LIST PRICE: $9500 $ -
$ -
$ -
TRADE-IN 3 YEAR OLD EXERCISE EQUIPMENT $ -
$ -
3 USED USED PRECOR 956 TREADMILL $ (1,000.00) $ (3,000.00)
2 USED USED PRECOR 546 ELLIPTICAL $ (1,000.00) $ (2,000.00)
1 USED USED PRECOR 556 ELLIPTICAL $ (1,000.00) $ (1,000.00)
3 USED USED PRECOR 846 UPRIGHT BIKE $ (500.00) $ (1,500.00)
2 USED USED PRE COR 846 RECUMBENT BIKE $ (600.00) $ (1,200.00)
1 USED USED PRE COR 764 CLIMBER $ (600.00) $ (600.00)
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TERMS: NET 30 I EQUIPMENT TOTAL $ 44,290.00
DISCOUNT $ 2,000.00
SUB-TOTAL $ 42,290.00
TAX
Please print name above and sign below. TOTAL WITH TAX $ 42,290.00
FREIGHT $ 2,537.40
GRAND TOTAL $ 44,827.40
DEPOSIT REQUIRED FOR ORDER
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 10th day of August, 2007 between
the City of Aspen, Colorado, herein after referred to as, the "City" and Fitness Systems
hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase cardio equipment
, hereinafter called the UNIT(S) being more fully described and attached herewith as 'Exhibit
A', in accordance with the terms and conditions outlined in the Contract Documents and
any associated Specifications, and 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
forth agree as follows:
1. 'Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as
described in the Contract Document and more specifically in Vendor's Bid for
the sum of $44,827.40 Dollars. ' .
2. Delivery. Aspen Recreation Center
0861 Maroon Creek Rd
Aspen, CO 81611
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. Please supply copies of. '
5. 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.
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 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 presu'mption 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 Voluntarv
'Exclusion. 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 iri 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, Gratuities, Kickbacks and Conflicts of
Interest. 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.
Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any dedsion, 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
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
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 i nd i rect, in th is Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
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 Citv.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.
14. Fund Avai labi Iity. Financial obi igations of the City payable after the current
fiscal year. are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available. If this Agreement contemplates the
City utilizing state odederal funds to meet its obligations herein, this Agreement
shall be contingent upon the availability of those funds 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 $10,000.00 it shall not be deemed valid until it'has been
approved by the City Counci I of the City of Aspen.
16. Non-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 further agrees to comply with the
letter and the spirit of the <;:01 orad 0 Antidiscrimination Act of 1957, as amended,
and other applicable state and federal laws respecting discrimination and unfair
employment practices. '
17.lntegration 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 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 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 full and complete authority to enter into this
Agreement for the terms and conditions specified herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this
Agreement to be duly 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:
~!<i~
By: