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Home My WebLink AboutR-2009-084 Transit Division Purchase of Five Buses from Gillig, LLC through LYNX Contract 09-C05RESOLUTION NO. R-2009-84 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute the Assignment to Purchase Transit Buses From Gillig, LLC, through LYNX Contract 09-005. WHEREAS, the Central Florida Regional Transportation Authority on behalf of the Florida Transit Association Finance Corp (FTAFC) issued a solicitation package, dated June 30, 2008, for the purchase and delivery of heavy duty diesel fueled and hybrid electric transit buses; and WHEREAS, as a result of the solicitation and evaluation of the proposals received, and by action of the LYNX goveming Board of Directors at its meeting of December 11, 2008, the Board of Directors awarded the contract for the buses to Gillig LLC ("Gillig"); and WHEREAS; LYNX and Gillig entered into LYNX Contract 09-005 dated December 11, 2008, which provides for the purchase of a minimum of 25 and a maximum of. 1,844 buses; and WHEREAS, the solicitation package, indicated in paragraph 2.4 that LYNX with FTAFC concurrence may assign the right to purchase from the contract; and WHEREAS, the FTA permits the post -award use of a contractual document or process to certain others who were not contemplated in the original procurement, when the solicitation document and the resultant contract contain an assignability clause for all or part of the specified deliverables as originally advertised, competed, evaluated, and awarded, and when the original solicitation and the resultant contract contain both a minimum and a maximum quantity, which represent the reasonably foreseeable needs of the parties to the solicitation; and ' WHEREAS, LYNX and the City of Yakima are each govemmental entities and are authorized to contract with other govemmental entities; and WHEREAS, the City of Yakima desires to purchase five (5) buses from Gillig under the assignability provision of the Contract, and LYNX desires to transfer to the Assignee LYNX's rights for five (5) buses under the Contract; and WHEREAS, the City of Yakima has satisfied itself that LYNX has complied with all FTA third party contracting procedures in procuring the buses; and WHEREAS, the City of Yakima agrees to pay the FTAFC $1,500.00 for each vehicle purchased pursuant to this assignment to defray a proportionate share of contract issuance and administration expenses; and 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 the Assignment to Purchase Transit Buses From Gillig, LLC, through LYNX Contract 09-005, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 2"d day J ne, 2009. ATTEST: City Clerk David Edler, ayor ASSIGNMENT TO PURCHASE TRANSIT BUSES FROM GILLIG LLC THROUGH LYNX CONTRACT 09-005 THIS ASSIGNMENT is made as of this 13th day of May, 2009, by the Central Florida Regional Transportation Authority d/b/a (LYNX), ("The Executive Agent") to Yakima Transit ("the Assignee"). WHEREAS, the Central Florida Regional Transportation Authority on behalf of the Florida Transit Association Finance Corp (FTAFC) issued a solicitation package, dated June 30, 2008, for the purchase and delivery of heavy duty diesel fueled and hybrid electric transit buses; and WHEREAS, as a result of the solicitation and evaluation of the proposals received, and by action of the LYNX governing Board of Directors at its meeting of December 11, 2009, the Board of Directors awarded the contract for the buses to Gillig LLC ("Gillig"); and WHEREAS, LYNX and Gillig entered into LYNX Contract 09-005 dated December 11, 2009, which provides for the purchase of a minimum of 25 and a maximum of 1,844 buses; and WHEREAS, the, solicitation package, indicated in paragraph 2.4 that LYNX with FTAFC concurrence may assign the right to purchase from the contract; and WHEREAS, the FTA permits the post -award use of a contractual document or process to certain others who were not contemplated in the original procurement, when the solicitation document and the resultant contract contain an assignability clause for all or part of the specified deliverables as originally advertised, competed, evaluated, and awarded, and when the original solicitation and the resultant contract contain both a minimum and a maximum quantity, which represent the reasonably foreseeable needs of the parties to the solicitation; and WHEREAS, LYNX and the Assignee are each governmental entities and are authorized to contract with other governmental entities; and WHEREAS, the Assignee desires to purchase five (5) buses from Gillig under the assignability provision of the Contract, and LYNX desires to transfer to the Assignee LYNX's rights for five (5) buses under the Contract; and WHEREAS, the Assignee has satisfied itself that LYNX has complied with all FTA third party contracting procedures in procuring the buses; and WHEREAS, LYNX and the FTAFC have determined that changed circumstances experienced by one or more consortium members have rendered the quantity of vehicles to be assigned excess to the needs of the consortium members; and WHEREAS, the Assignee agrees to pay the FTAFC $1,500.00 for each vehicle purchased pursuant to this assignment to defray a proportionate share of contract issuance and administration expenses; and Page 1 of 3 NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained in herein, LYNX and the Assignee state and agree as follows: 1. Assignment. LYNX assigns to the Assignee, LYNX's rights under paragraph 13(0 of the Contract to assign the purchase of five (5) buses from the Gillig LLC and consents to the Assignee's purchase of the bus under and pursuant to the Contract. 2. Conditions of Assignment. LYNX shall retain all authority to administer the contract. The Assignee shall assume the role of Purchasing Agency as defined in the contract. The Assignee agrees that the Assignee shall be solely liable and obligated to Gillig for the total cost of the purchase of the buses pursuant to this Assignment and shall make any payments directly to Gillig in accordance with the contract. 3. Effective Date. This Assignment shall be effective as of the date this Assignment has been fully executed by LYNX, the FTAFC and the Assignee This Assignment shall remain in effect for 90 calendar days for the execution of purchase documents with the Gillig Corporation, unless extended or sooner terminated by the mutual agreement of the parties hereto. 4. Order Processing. The assignee agrees to forward a copy of the executed purchase order to Rich Bannon, Manager of Procurement and Contract for LYNX. A copy may be faxed to 407.254.6292 or e-mailed to: RBannon@golynx.com. [SIGNATURE PAGE FOLLOWS] Page 2 of 3 $ IN WITNESS WHEREOF, the parties have executed this document as of the day and year first above written. "LYNX" Central Florida Regional Transportation Authority B Title: Chief Executive Officer Date: "FTAFC" Florida Transit Association F}nance Corp By: I/fL Name: Wes Watson Title: Executive Director "ASSIGNEE" By: Name: Title: Date: Page 3 of 3 Dave Zabe 1 Assistant City Manager August 11, 2009 CITY CONTRAC F N0: ZOO,- Y9 RESOLUTION N0: �%�� • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ( 3 For Meeting Of June 2, 2009 ITEM TITLE: A Resolution authorizing a the City of Yakima Transit Division to Purchase 5 Buses utilizing the Central Florida Regional Transportation Authority d/b/a (LYNX) Bid No. 09- 005 SUBMITTED BY: Chris Waarvick, Public Works Director — 575-6005 CONTACT PERSON: Richard Wonner, Fleet & Facilities Manager — 576-6412 Sue Ownby, Purchasing Manager — 576-6695 SUMMARY EXPLANATION: Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the Equipment Rental Division respectfully requests approval of the attached assignment, authorizing the City of Yakima to purchase five (5) Gillig buses under the assignability provision of LYNX's Contract 09-005 dated December 11, 2008. LYNX is a govemmental agency operating under the legislative authority of the Federal Transit Authority, which permits the post -award use of this contractual document, which reduces the cost of purchased goods by leveraging their combined purchasing power. Resolution X Ordinance _ Contract _ Other (Specify)Aqreement Funding Source: APPROVED FOR SUBMITTAL: ' L9 City Manager STAFF RECOMMENDATION: Staff respectfully requests that the City Council adopt the Resolution authorizing and directing the City Manager and City Clerk of the City of Yakima to execute the Assignment to Purchase Transit Buses from Gillig, LLC, through LYNX Contract 09-005. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: