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ORDINANCE NO. 10101
AN ORDINANCE APPROVING A COOPERATIVE PURCHASING
AGREEMENT FOR TRANSIT BUSES BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF
WASHINGTON ACTING BY AND THROUGH THE DEPARTMENT
OF ENTERPRISE SERVICES, A WASHINGTON STATE
GOVERNMENTAL AGENCY, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Cooperative Purchasing Agreement for Transit Buses between and Pueblo, a
Municipal Corporation, and the State of Washington acting by and through the Department of
Enterprise Services, a Washington State governmental agency, attached hereto, having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Agreement for and on behalf of the City
and the City Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached Agreement to implement the policies and procedures described
herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on January 10, 2022 .
Final adoption of Ordinance by City Council on January 24, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on January 31, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 10, 2022
TO: President Larry W, Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Benjamin Valdez, Director of Transit
SUBJECT: AN ORDINANCE APPROVING A COOPERATIVE PURCHASING AGREEMENT
FOR TRANSIT BUSES BETWEEN PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE OF WASHINGTON ACTING BY AND THROUGH THE
DEPARTMENT OF ENTERPRISE SERVICES, A WASHINGTON STATE
GOVERNMENTAL AGENCY, AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
SUMMARY:
Attached is a Cooperative Agreement between the City of Pueblo and the State of Washington,
Department of Enterprise Services authorizing the City of Pueblo to purchase two Hybrid busses
from their existing State bus purchasing contract.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Pueblo Transit has been awarded a Federal 2020-5307 Federal Cares act grant and placed into
project BC2102 in the amount of $1,596,989. These funds are intended to replace two cutaway
vans for the Citi-Lift program and purchase two 35’ Low Floor Hybrid Buses for Pueblo Transit.
FINANCIAL IMPLICATIONS:
The anticipated total project cost is $1,596,989.00. There is no local City match as the 5307-
Cares act Grant is 100% with no match required.
BOARD/COMMISSION RECOMMENDATION:
Pueblo Transit Board recommends approval.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Should this Ordinance not pass, the City would have to turn back $1,596,989.00 to the Federal
Transit Administration and future grant opportunities would be jeopardized.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
City of Pueblo and Washington State Cooperative agreement
Washington State Department of
Enterprise Services
COOPERATIVE PURCHASING AGREEMENT
FOR
TRANSIT BUSES
MASTER CONTRACT No. 06719
This Cooperative Purchasing Agreement for Transit Buses("Agreement") is made and entered into by and
between the State of Washington acting by and through the Department of Enterprise Services, a
Washington State governmental agency ("Enterprise Services") and Pueblo, a municipal corporation
("Authorized Purchasing Entity")and is dated and effective as of_December 6_, 2021.
RECITALS
A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of
Washington, is authorized to develop, solicit, and establish master contracts for goods
and/or services to support Washington state agencies. See RCW 39.26.050(1). The
Washington State Legislature also has authorized Enterprise Services to make these
master contracts available, pursuant to an agreement in which Enterprise Services
ensures full cost recovery, to other local or federal government agencies or entities,
public benefit nonprofit organizations,and any tribes located in the State of Washington.
See RCW 39.26.050(1) & (2).
B. In addition, Enterprise Services is authorized "to participate in, sponsor, conduct, or
administer a cooperative purchasing agreement." See RCW 39.26.060(1).
C. Master Contract Cooperative Purchasing Agreements provide an opportunity for
Enterprise Services to meet the needs of its customers and, by designing and developing
the Competitive Solicitation and resulting Master Contract to include the opportunity for
cooperative utilization by Authorized Purchasing Entities through a Cooperative
Purchasing Agreement, to meet the needs of similarly situated purchasing entities who
collectively enable an innovative, cost-effective, and efficient procurement solution for
awarded contractors and eligible purchasers.
D. The above-referenced Master Contract was competitively bid, evaluated, and awarded
pursuant to the State of Washington's procurement laws for goods/services. See
RCW 39.26. The procurement and resulting Master Contracts were designed to create
competition and awarded contractors for a variety of Transit Buses(contract categories).
E. The above-referenced Master Contract was designed to and meets Federal Transit
Administration ("FTA") requirements for a State Cooperative Purchasing Contract under
the FAST Act Sec. 3019. See Pub.L. 114-94.
F. There are no pending protests or lawsuits pertaining to the procurement or award of the
Master Contract.
WASHINGTON STATE TRANSIT BUSES COOPERATIVE PURCHASING AGREEMENT PAGE 1
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G. Enterprise Services maintains procurement and contract records pertaining to the Master
Contract including the Competitive Solicitation, Bid Tab, Bidder Profiles, and resulting
Master Contracts. In addition, Enterprise Services Transit Buses website identifies the
various awarded contractors.
H. The purpose of this Agreement is to enable the Authorized Purchasing Entity to utilize the
above referenced Master Contract consistent with the terms thereof and the terms and
conditions set forth herein.
AGREEMENT
Now THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein,the
parties hereto hereby agree as follows:
1. TERM. Upon execution, this Cooperative Purchasing Agreement shall continue for the term of the
applicable Master Contract, as amended or extended; Provided, however, that, upon written notice
to Enterprise Services, Purchasing Entity may terminate its participation in this Cooperative
Purchasing Agreement and its ability to utilize the above-referenced Master Contract.
2. AUTHORIZATION TO UTILIZE THE MASTER CONTRACT. Consistent with the terms and conditions of the Master
Contract and Purchasing Entity's applicable procurement law,Purchasing Entity is authorized to utilize
the above-referenced Master Contract as a procurement solution. The State of Washington makes
no representation or warranty regarding Purchasing Entity's governing law or whether the Master
Contract is an appropriate procurement solution for Purchasing Entity.
3. CONTRACTOR CONSENT. Consistent with its applicable procurement authority, Purchasing Entity may
propose and negotiate jurisdiction-specific terms with the applicable awarded Contractor to meet
Purchasing Entity's needs; Provided, however, that any such jurisdiction-specific modifications are
subject to agreement with the applicable awarded Contractor. Under no circumstances, however,
will Purchasing Entity's jurisdiction-specific modifications change or modify the Master Contract
obligations between the State of Washington and the applicable awarded Contractor. Upon
execution of Purchasing Entity's agreement with the applicable awarded Contractor, Purchasing Entity
shall provide a copy of the same to Enterprise Services prior to making any purchases under the
Master Contract.
4. VENDOR MANAGEMENT FEE. The Vendor Management Fee set forth in the Master Contract shall be paid
by the applicable Contractor to Enterprise Services on all applicable purchases. In no event shall
Purchasing Entity modify, waive, or terminate the Vendor Management Fee. Any such modification,
waiver, or termination of the Vendor Management Fee shall be deemed a material breach of this
Agreement and shall terminate the Agreement; and, in the event Purchasing Entity attempts to
modify,waive, or terminate the Vendor Management Fee, Purchasing Entity shall, by such act, agree
to notify Enterprise Services of the same and to pay to Enterprise Services,within thirty(30)days,the
equivalent of the otherwise applicable Vendor Management Fee.
5. ACCURATE PURCHASES. Purchasing Entity shall make orders within the scope of the Master Contract.
Any purchases outside of the scope of the Master Contract shall constitute a breach of this
Agreement. IN the event of such breach,Enterprise Services may terminate this Agreement, including
the authorization for any purchases by Purchasing Entity under the Master Contract. Purchasing
Entity represents and warrants that it shall use reasonable, good faith efforts to assist the Contractor
WASHINGTON STATE TRANSIT BUSES COOPERATIVE PURCHASING AGREEMENT PAGE 2
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in obtaining and reporting to Enterprise Services accurate purchases under the Master Contract for
purposes of the applicable Vendor Management Fee.
6. AGREEMENT MANAGEMENT;NOTICES;PURCHASING ENTITY CONTRACT ADMINISTRATOR.
(a) AGREEMENT MANAGEMENT;NOTICES. The parties hereby designate the following contacts as the
respective single points of contact for purposes of this Agreement. The parties may change
such individuals by written notice as set forth below. Any notices required or desired shall be
in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the
respective addressee at the respective address or email address set forth below or to such
other address or email address as the parties may specify in writing:
Enterprise Services Mesa County RTPO
Attn: Bus Purchases Attn: _Benjamin Valdez
Department of Enterprise Services _Pueblo Transit
PO Box 41411 _350 Alan Hamel Ave
Olympia, WA 98504-1411 _Pueblo,CO 81003_
Email: buspurchases@des.wa.gov Tel: (719) 553-2706
Email: _bvaldez@pueblo.us
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon
transmission to the designated email address of said addressee.
(b) PURCHASING ENTITY INFORMATION. Purchasing Entity hereby designates the following contract
administrator as the single point of contact for business activities under this Agreement.
Purchasing Entity Information
Organization Name Pueblo Transit
Tax Identification Number 98-03305
State Business Identification Number N/A
(Required for Non-Profit entities)
Contact Name for Contract Administrator Benjamin Valdez
Title Transit Director
Address 350 Alan Hamel Ave
City,State, Zip Pueblo,CO 81003
Phone Number 719-553-2706
Email Address bvaldez@pueblo.us
7. COMMUNICATION. In the event Purchasing Entity becomes aware of a significant contract performance
issue pertaining to the Master Contract that, in Purchasing Entity's reasonable judgment, could
adversely impact the State of Washington, Purchasing Entity shall communicate the same to
Enterprise Services.
8. CONTRACTOR DISPUTES. Purchasing Entity is responsible for resolving any disputes between itself and
the applicable Master Contract Contractor regarding its purchases. Purchasing Entity shall notify
Enterprise Services of any material dispute between Purchasing Entity and the applicable Master
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Contract Contractor. When appropriate, Enterprise Services may assist Purchasing Entity in resolving
such disputes.
9. NO LIABILITY. Other than those obligations expressly set forth in this Agreement, including the right of
the State of Washington to the Vendor Management Fee,the parties shall have no liability whatsoever
to each other with regard to transactions arising out of this Agreement or the Master Contract.
10. TAXES/FEES. Unless otherwise agreed with Contractor, Purchasing Entity shall pay applicable sales and
use taxes imposed by the tax jurisdictions in which purchase delivery occurs. Contractor agrees not
make any charge for federal excise taxes and Purchasing Entity shall furnish Contractor with an
exemption certificate where appropriate.
11. SCOPE OF PARTICIPATION. Purchasing Entity shall provide Enterprise Services with Purchasing Entity's
estimates for purchases under the Master Contract. Purchasing Entity shall provide timely updates
regarding such estimated purchases if there is a material change in such planned purchases. The
purchasing estimates are for Enterprise Services' planning purposes in managing and approving
purchases on the Master Contract.
Category Estimated Purchases
Heavy Duty 2
Light/Medium Duty 0
Double Decker 0
Rebuilt 0
Refurbish 0
Repower 0
12. APPROVAL PROCESS. Purchasing Entity shall submit purchase information to Enterprise Services for
approval of purchases under the Master Contract. Purchasing Entity shall provide necessary purchase
information for each purchase including but not limited to, the final purchase order, the use of FTA
funding, FTA grant number, and applicable Department of Transportation contact for approval.
Enterprise Services shall include the respective state Department of Transportation for purchasing
using FTA funds which require state DOT approval.
13. GENERAL PROVISIONS
(a) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding of
the parties with respect to the subject matter and supersedes all prior negotiations and
representations. There are no representations or understandings of any kind not set forth
herein.
(b) AMENDMENT OR MODIFICATION. Except as set forth herein,this Agreement may not be amended
or modified except in writing signed by a duly authorized representative of each party.
(c) AUTHORITY. Each party to this Agreement,and each individual signing on behalf of each party,
hereby represents and warrants to the other that it has full power and authority to enter into
this Agreement and that its execution,delivery,and performance of this Agreement has been
fully authorized and approved,and that no further approvals or consents are required to bind
such party.
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(d) ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Agreement or any
other ancillary agreement shall be deemed to have the same legal effect as delivery of an
original executed copy of this Agreement or such other ancillary agreement for all purposes.
(e) COUNTERPARTS. This Agreement may be executed in one or more counterparts,each of which
shall be deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Agreement at different times and places by the parties shall not affect the validity thereof so
long as all the parties hereto execute a counterpart of this Agreement.
EXECUTED as of the date and year first above written.
TRANSIT BUSES COOPERATIVE AUTHORIZED PURCHASING ENTITY
STATE OF WASHINGTON PUEBLO,A MUNICIPAL CORPORATION
DEPARTMENT OF ENTERPRISE SERVICES /•
By: �40edi
I Name: Nicholas A. Gradisar
By:
Title: Mayor
Name: Jaime Rossman
Title: Assistant Director
Return this Agreement to Enterprise Services at:
buspurchases@des.wa.gov
WASHINGTON STATE TRANSIT BUSES COOPERATIVE PURCHASING AGREEMENT PAGE 5
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