HomeMy Public PortalAboutORD13720 BILL NO, 2004-9
SPONSORED BY COUNCILMAN MARTIN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING AN
INTERGOVERNMENTAL PURCHASING AGREEMENT WITH KENOSHA TRANSIT FOR PURCHASE
OF BUSES FOR JEFFTRAN.
WHEREAS,the City of Jefferson desires to procure low-floor, 12-year life transit coaches in accordance
with its vehicle replacement schedule for fiscal years 2005-2006 utilizing Federal Transit
Administration capital grants; and
WHEREAS, the Federal Transit Administration permits cooperative purchasing through an approved
"piggybacking" process; and
WHEREAS, Kenosha Transit, a Wisconsin municipal corporation, has an approved 5-year procurement
contract with the Gillig Corporation,a manufacturer of low-floor 12-year life transit coaches which
meets the requirements of JeffTran, Missouri Department of Transportation and the Federal
Transit Administration.
NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor is hereby authorized to enter into an intergovernmental agreement with
Kenosha Transit, Missouri Department of Transportation and Federal Transit Administration for the
purchase of transit coaches for fiscal years 2004-2006, for the procurement of eight(8) low-floor, 35-foot
length, heavy duty, 12-year life transit coaches; with delivery of five (5) coaches in 2005 and three (3)
coaches in 2006.
Section 2. The Mayor and City Administrator are further authorized to sign a non binding letter
of intent stating the City of Jefferson plan to procure the buses described in Section 1 from Gillig
Corporation using a portion of the contracted quantity of Kenosha Transit;
Section 3. The intergovernmental agreement described in Section 1 shall be in substantially the
form as Exhibit A attached hereto.
Section 4. The Mayor is further authorized to execute such further contracts, consistent with the
terms of Exhibit A as may be required to complete this transaction.
Section 5. This Ordinance shall be in full force and effect from and after the date of its passage
and approval.
A p v ed: /d Passed: p
/
Presiding Officer Mayor
i
f1TTE <'LAPP ED� O+FO.FvI:
City City ounselor
KENOSHA TRANSIT
INTERGOVERNMENTAL_ COOPERATIVE PURCHASING AGREEMENT
THIS AGREEMENT is made and entered into in duplicate this /�/ day of May,
2004, by and between Kenosha Transit a Wisconsin municipal corporation, and
the City of Jefferson, Missouri, hereinafter called the "Public Agency", pursuant to
Chapter 39.34 RCW and to other provisions of law, specifically RCW 39.34.080.
FOR AND IN CONSIDERATION OF the covenants, terms and conditions set
forth herein, the parties hereto agree as follows:
1. Kenosha Transit, in contracting for the purchase of goods and services for
itself, agrees to allow the Public Agency to seek the same or similar terms
for the Public Agency, where appropriate in Kenosha Transit's sole
discretion, to the extent permitted by law.
2. Whenever Kenosha Transit has included in contracts with any vendor the
authority for the purchase of goods and/or services by a public agency, the
Public Agency may purchase on the same terms and conditions as
Kenosha Transit. Such purchase may be affected by a direct contract
® between the Public Agency and the vendor. Kenosha Transit accepts no
responsibility for the performance or suitability of any good or service to be
provided by the vendor; and Kenosha Transit accepts no responsibility for
the payment of the purchase price by the Public Agency.
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 and Kenosha Transit shall have no financial or other liability
with respect to the purchase by 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.
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. Kenosha Transit and the 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 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 Kenosha Transit, its officers, agents or employees from
any claims, costs and/or demands arising out of or related to this
Agreement.
7. Kenosha Transit will contract for the purchase of goods and services
according to the laws and regulations ,governing purchases by and on
behalf of Kenosha Transit. The Public Agency accepts responsibility 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.
9. This Agreement shall be construed in accordance with the laws of the State
of Wisconisn. 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 Kenosha County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the date first hereinabove written.
KENOSHA TRANSIT Clity of Jefferson
Kenosha, Wisconsin 320 East McCarty Street
Jefferson City, MO 65101
Len Brandrup john Landwehr
Director of Transportation P/layor
ATTEST:
f�. ,l f
City Clerk
APPR VED S TO FORM:
_ r�r
"ity Counselor