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HomeMy WebLinkAboutR-2005-158 Intercity Transit Intergovernmental Cooperative Purchasing AgreementRESOLUTION NO. R-2005-158 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 18th day of October , 2005. QAij Paul P. Georg-, Mayor ATTEST: CITY CLERK DLEGII A-1 Agenda & Res 2 INTERCITY TRANSIT INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT THIS AGREEMENT is made and entered into in duplicate this ) ' day of KIN r; 20(.. ` by and between Intercity Transit, a Washington municipal corporation, and the City of Yakima, hereinafter called the "Public Agency", pursuant to Chapter 39.34 RCW and to other provisions of law, specifically RCW 3934.080. 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 low -floor buses. This contract allows Intercity Transit to authorize other public agencies to purchase buses directly from the vendor under the terms of the contract. 2. Intercity Transit authorizes the City of Yakima to purchase six (6) 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 contract or 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 termination. 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 DLEGII A-1 Agenda & Res 3 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 whether such a claim or demand is by the vendor or by any other person or entity, public or private and whether or not it involves negligence or wrongful act by the Public Agency. 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 instrument 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 six (6) vehicles therefore the fee is $600. 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 Michael Harbour General Manager DLEGII A-1 Agenda & Res 4 City of Yakima 129 No. 2nd St. Yakima, WA 98901 Richard A. Zais, Jr. City Manager BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.J 0 For Meeting Of 10/18/05 ITEM TITLE: Intergovernmental Cooperative Purchasing Agreement with Intercity Transit, Olympia, WA SUBMITTED BY: Dave Zabel', Assistant City Manager CONTACT PERSON/TELEPHONE: Richard Wonner, Fleet Manager - 576-6412 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 six (6) Gillig 35' Low Floor Buses for $1,980,060 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: Transit Capital 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: Resolution adopted. RESOLUTION NO. R-2005-158 COUNCIL ACTION: DLEGII A-1 Agenda 8s Res 1