HomeMy WebLinkAboutR-2004-035 Intercity Transit Purchasing AgreementRESOLUTION NO. R-2004 - 35
A RESOLUTION authorizing the execution of an Intergovernmental Cooperative
Purchasing Agreement with Intercity Transit, Olympia, WA.
WHEREAS, the City of Yakima and Intercity Transit desire to arrange for making
cooperative purchases of certain goods and services; and the City Council of the City of
Yakima deems it to be in the best interests of the City that such an arrangement be carried
out according to the provisions, terms and conditions of the attached agreement document
and that it is in the best interests of the City that the attached agreement document be
executed, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement with Intercity Transit for the purpose
mentioned above, a copy of which agreement, entitled "Intergovernmental Cooperative
Purchasing Agreement," is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 17th day of February , 2004.
ATTEST:
CITY CLERK
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Grie P 2'24 -TC
MAYOR
NOV-01-2004 MON 10:14 AM INTERCITY TRANSIT
FAX NO. 360 709 0231 P. 01
INTERCITY TRANSIT
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
THIS AGREEMENT is made and entered into in duplicate this I tdirllay of HF gC. -1 , 2004 by
and between Intercity Transit, a Washington municipal corporation, and City of Yakima,
hereinafter called the "Public Agency", pursuant to Chapter 39.34 RCW and to other provisions
of law, specifically RCW 39.34.080.
FOR AND IN CONSIDERATION OF the covenants, terms and conditions set forth herein, the
parties hereto agree as follows:
1. Intercity Transit has a contract with Gillig Corporation, dated December 1, 2003 for the
purchase of Heavy -Duty Low Floor Buses (Project 0310). This contract allows Intercity
Transit to authorize other public agencies to purchase I-Ieavy-Duty Low Floor Buses
directly from the vendor under the terms of the contract.
2. Intercity Transit authorizes City of Yakima to purchase three Gillig 35' Heavy -Duty, Low
Floor Buses directly from the vendor under the terms of the contract described in Section 1
above. Such purchase shall be effected by a direct contractor agreement between the
Public Agency and the vendor. Intercity Transit shall not be a party to such contract or
agreement. Intercity Transit is not responsible or liable to any person or entity for the
performance or suitability of any good or service to be provided by the vendor; Intercity
Transit is not responsible or Liable to any person or entity for the payment of any part of
the purchase price by the Public Agency, and Intercity Transit is not responsible or liable
to any person or entity for any damages, liabilities or costs arising under the contract or
agreement between the Public Agency and a vendor.
3. The method of financing or payment of purchases pursuant to this Agreement shall be
through budgeted funds or other available funds of the Public Agency. Any goods or
services procured by the Public Agency under this Agreement shall remain the exclusive
property of, or under control of said Public Agency.
4. This Agreement shall remain in force until canceled by either party in writing. However,
all provisions in this Agreement relating to the responsibilities or liabilities of the parties
or to any duty to defend, indemnify and hold harmless shall survive cancellation or
termina tion.
5. Each party reserves the right to contract independently for the acquisition of goods or
services or disposal of any property without notice to the other party and shall not bind or
otherwise obligate the other party to participate in the activity. Intercity Transit and the
Public Agency each reserve the right to exclude the other from any particular purchasing
contract, with or without notice.
6. As between the parties to this Agreement, each party shall be liable and responsible for
the consequence of any negligent or wrongful act or failure to act on the part of itself and
its employees. Neither party assumes responsibility to the other party for the
consequences of any act or omission of any person, firm or corporation not a party to this
Agreement. The Public Agency agrees to defend, indemnify and hold harmless Intercity
Transit, its officers, agents or employees from any claims, costs and/or demands arising
out of or related to this Agreement or to any purchase made under this Agreement
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NOV-01-2004 MON 10:14 AM INTERCITY TRANSIT
FAX NO, 360 709 0231 P, 02
whether such a claiin or demand is by the vendor or by any other person or entity, public
or private.
7. Intercity Transit will, contract for the purchase of goods and services according to the laws
and regulations governing purchases by and on behalf of Intercity Transit. The Public
Agency is solely responsible for compliance with any additional or varying laws and
regulations governing purchases by or on behalf of the Public Agency.
8. This Agreement may be amended, modified or supplemented only by a written
instrLunent signed by each of the parties hereto. This agreement may be cancelled or
terminated by either party in writing at any time.
9. Fees: Intercity Transit charges a fee of $100 per vehicle for agencies purchasing vehicles
off Intercity Transit vehicle contracts. This contract authorizes the purchase of three
vehicles therefore the fee is $300.
10. This Agreement shall be construed in accordance with the laws of the State of
Washington. Any action of law, suit in equity, or judicial proceeding for the enforcement
of this Agreement or any provision thereof, shall be instituted and maintained only in
Thurston County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
date first hereinabove written.
INTERCITY TRANSIT
526 Pattison SE
P.O. Box 659
Olympia, WA 98507-0659
r..
Michael Harbour
General Manager
Approved as to form:
omas R. Bjorgen
Intercity Transit Legal Counsel
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City of Yakima
129 No. 2nd St.
Yakima, WA 98901
Paul P. George
Mayor
CITY CONTRACT NO y 7
RESOLUTION NO; — y
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4c"
For Meeting Of 2/17/04
ITEM TITLE: Intergovernmental Cooperative Purchasing Agreement with
Intercity Transit, Olympia, WA
SUBMITTED BY: Glenn Rice, Assistant City Manager
CONTACT PERSON/TELEPHONE: Sue Ownby, CPPB, Purchasing Manager — 576-6695
SUMMARY EXPLANATION:
Staff respectfully requests approval of an agreement authorizing the City of Yakima and
Intercity Transit in Olympia, WA, to arrange joint cooperative purchases of certain goods
and services.
Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the City of Yakima Equipment
Rental Division, has requested this agreement be administered in order to purchase three
Gillig 35' Low Floor Buses for $835,389 plus tax, that Intercity Transit has already sought
bids for and has awarded to Gillig Corporation, located in Hayward, CA.
Execution of this agreement is specifically for these buses. This issue was discussed with the
Council Transit Committee and they understand the benefits of this purchase and are in
favor of it.
This agreement shall remain in effect until canceled by either party.
Resolution X Ordinance — Contract _ Other (Specify)Agreement
Funding Source: Not applicable
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt a resolution to authorize and execute an
Intergovernmental Cooperative Purchasing Agreement with Intercity Transit.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-35
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