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Home My WebLink About2010-02 IGA with Roaring Fork Transportation Authority RESOLUTION NO. 2 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE ROARING FORK TRANSPORTATION AUTHORITY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town and the Roaring Fork Transit Authority (the "RFTA ") wish to enter into an Intergovernmental Agreement (the "IGA ") authorizing the Town to purchase buses from a bid and award the RFTA received in 2009; and WHEREAS, the IGA only authorizes the Town to utilize RTFA's award and does not obligate the Town to purchase any buses; and WHEREAS, the Council's approval of Resolution No. 2, Series 2010, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with the RFTA for the opportunity to purchase buses on the RFTA's existing order to purchase buses, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5 day of January, 2010. -NIX 0 9 0 Richard Clev an Town Mayor ATT T: w> % rel i Donaldson, ; � - Town Clerk • �o •_ no Resolution No. 2, Series 2010 EXHIBIT "A" January 6, 2010 Kenny Osier Director of Maintenance Roaring Fork Transportation Authority (RFTA) 51 Service Center Rd. Aspen, CO 81611 RE: Request to "Piggyback" Dear Mr. Osier, The Town of Vail is interested in purchasing Six 6 Gillig 40 Foot Low Floor buses. We understand that RFTA may be willing to assign some of its option buses to other properties. If you should have optional buses still available, the Town of Vail would appreciate the opportunity to "Piggyback" on to your existing order. The Town of Vail would need a letter from RFTA assigning the option units and appropriate documentation as required by the Federal Transit Administration. I hope the proposed piggyback arrangement will not inconvenience or affect your entity other than to reduce the number of option buses available. The Town of Vail will sign a separate contract with GILLIG and pay them directly. All contractual activity will be directly between the Town of Vail and Gillig. On behalf of the Town of Vail I would like to thank you for considering this request. If I can provide any other information, do not hesitate call me. I can be reached at (970) 479 -2163 or by e-mail at tscholl(a7vailgov.com Sincerely, Todd Scholl Fleet Manager Town of Vail 1289 Elkhorn Drive Vail, CO 81657 Resolution No. 2, Series 2010 STANDARD FORM OF COOPERATIVE PURCHASING AGREEMENT BETWEEN Roaring Fork Transportation Authority AND COOPERATING PUBLIC AGENCY 1. THIS AGREEMENT is made this 10 day of November, 2009 between the Roaring Fork Transportation Authority (RFTA) and the Cooperating Public Agency, the Town of Vail who, agree as follows: 2. RFTA, in contracting for the purchase of goods and services for itself, agrees to seek the same or similar terms for the Cooperating Public Agency, where appropriate in RFTA's sole discretion, to the extent permitted by law. 3. The Cooperating Public Agency may purchase up to Six 6 vehicles under the same terms and conditions as RFTA per the contract and related documents (RFTA RFP# 05 /11 /09TIGGERBRT.) Such purchases shall be effected through direct contract purchase order between the Cooperating Public Agency and the Contractor. Copies of such purchase orders shall be sent to RFTA for informational purposes. RFTA shall not be responsible for the performance or suitability of any good or service provided by the Contractor, or for the payment of invoices incurred by the Cooperating Public Agency. 4. The method of financing or payment of purchase pursuant to this Agreement shall be provided through budgeted funds or other suitable funds of the Cooperating Public Agency. 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. RFTA and the Cooperating Public Agency each reserve the right to exclude the other from any particular purchasing contract, with or without notice. 6. 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 consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. The Town of Vail agrees to defend, indemnify, and hold harmless RFTA, its officers, agents, or employees from any claim, costs and / or demands arising out of or related to this Agreement. 7. RFTA will contract for the purchase of goods and services according to the laws and regulations governing purchases by and on behalf of RFTA. The Town of Vail accepts responsibility for compliance with any additional or varying laws and regulations governing purchases by or on behalf of the Town of Vail 8. This Agreement may be amended, modified or supplemented only by a written instrument signed by both parties. 9. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action of law, suit in equity, or judicial proceeding for the Resolution No. 2, Series 2010 enforcement of this Agreement or any provision thereof, shall be instituted and maintained only in Pitkin County. This Agreement shall remain in force until terminated upon written notice by either party. Accepted for: Accepted For: Town of Vail ROARING FORK TRANSPORTATION AUTHORITY Stan Zemler Kenny Osier Town Manager Director of Maintenance Resolution No. 2, Series 2010 Appendix 8.16 PIGGYBACKING WORKSHEET Definition: Piggybacking is the post -award use of a contractual document/process that allows someone who was not contemplated in the original procurement to purchase the same supplies/equipment through that original document/process. ("FTA Dear Colleague letter, October 1, 1998). In order to assist in the performance of your review, to determine if a situation exists where you may be able to participate in the piggybacking (assignment) of an existing agreement, the following considerations are provided. Ensure that your final file includes documentation substantiating your determination. WORKSHEET YES NO 1. Have you obtained a copy of the contract and the solicitation document, including the specifications and any Buy America Pre -award or Post delivery audits? 2. Does the solicitation and contract contain an express "assignability" clause that provides for the assignment of all or part of the specified deliverables? 3. Did the Contractor submit the "certifications' required by Federal regulations? See BPPM Section 4.3.3.2. 4. Does the contract contain the clauses required by Federal regulations? See BPPM Appendix Al 5. Were the piggybacking quantities included in the original solicitation; i.e., were they in the original bid and were they evaluated as part of the contract award decision? 6. If this is an indefinite quantity contract, did the original solicitation and resultant contract contain both a minimum and maximum quantity, and did these represent the reasonably foreseeable needs of the parties to the contract? 7. If this piggybacking action represents the exercise of an option in the contract, is the option provision still valid or has it expired? 8. Does your State law allow for the procedures used by the original contracting agency: e.g., negotiations vs. sealed bids? 9. Was a cost or price analysis performed by the original contracting agency documenting the reasonableness of the price? Obtain a copy for Resolution No. 2, Series 2010 your files. 10. Does the contract term comply with the five -year term limit established by FTA? 11. Was there a proper evaluation of the bids or proposals? Include a copy of the analysis in your files. 12. If you will require changes to the vehicles (deliverables), are they "within the scope" of the contract or are they "cardinal changes "? See BPPM Section 9.2.1 Resolution No. 2, Series 2010