HomeMy WebLinkAbout06/02/2009 13 Transit Division Purchase of Five Buses from Gillig, LLC through LYNX Contract 09-C05 S 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-
0O5
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 09-0O5 dated
December 11, 2008.
4110 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: A
O
1 P 9 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 -0O5.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
0
IIII RESOLUTION NO. R -2009-
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 -0O5.
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 -0O5 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
0 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:
411 Section 1. The City Manager and City Clerk of the City of Yakima are hereby authorized
a nd directed to execute the Assignment to Purchase Transit Buses From Gillig, LLC, through
LYNX Contract 09 -0O5, a copy of which agreement is attached hereto and by reference made a •
part hereof.
ADOPTED BY THE CITY COUNCIL this 2" day of June, 2009.
David Edler, Mayor
ATTEST:
CITY CLERK
• ASSIGNMENT TO PURCHASE TRANSIT BUSES FROM GILLIG LLC
THROUGH LYNX CONTRACT 09-0O5
THIS ASSIGNMENT is made as of this 13 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 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 -0O5 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
41) 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 govemmental entities and are authorized to
contract with other govemmental 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
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(f) 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.
IN WITNESS WHEREOF, the parties have executed this document as of the day and year first
above written.
"LYNX" "ASSIGNEE"
Central Florida Regional Transportation
Authority
By: By:
Name: Linda Watson Name: Richard A. Zais
Title: Chief Executive Officer Title: City Manager
Date: Date:
"FTAFC" ATTEST:
Florida Transit Association Finance Corp
By:
CITY OF YAKIMA CLERK
By:
Name: Wes Watson
Title: Executive Director
City Resolution No.:
City Contract No.:
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