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HomeMy WebLinkAboutC13-261 Roaring Fork Cooperative Purchasing AgreementSTANDARD FORM OF COOPERATIVE PURCHASING AGREEMENT BETWEEN Roaring Fork Transportation Authority And Eagle County, Colorado 1. THIS AGREEMENT is made this day of between the Roaring Fork Transportation Authority (RFTA) and Eagle County, Colorado (the "Cooperating Public Agency, "), 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 three (3) vehicles under the same terms and conditions as RFTA per the contract and related documents (RFTA RFP# 05 /11 /09TIGGERBRT.) Such purchases shall be affected 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. 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. Cooperating Public Agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchases by or on its behalf. 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 enforcement of this Agreement or any provision thereof, shall be instituted and maintained only in Pitkin County. � i3 This Agreement shall remain in force until terminated upon written notice by either party. Accepted for: Accepted For: EAGLE COUNTY ROARING FORK TRANSPORTATION AUTHORITY eith P. Montag Kenny Osier County Manager, Eagle Count Director of Maintenance Appendix B.16 PIGGYBACKING WORKSHEET Definition: Piggybacking is the post -award use of contractual documentlprocess 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 X document, including the specifications and any Buy America Pre - award or Post delivery audits? 2. Does the solicitation and contract contain an express X "assignability" clause that provides for the assignment of all or part See Page 180 of the specified deliverables? Package 1 Tech Proposal 3. Did the Contractor submit the "certifications' required by X Seepages 173 - Federal regulations? See BPPM Section 4.3.3.2. 179 Package 1 Tech Proposal X 4. Does the contract contain the clauses required by Federal See Section 1 regulations? See BPPM Appendix Al. Request for Proposals in RFP Docs 5. Were the piggybacking quantities included in the original X solicitation; i.e., were they in the original bid and were they See Final evaluated as part of the contract award decision? Evaluation Doc 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 NA foreseeable needs of the parties to the contract? X 7. If this piggybacking action represents the exercise of an option Contract Expires in the contract, is the option provision still valid or has it expired? 8/14/2014 See Award Letter 8. Does your State law allow for the procedures used by the original contracting agency: e.g., negotiations vs. sealed bids? X X See 9. Was a cost or price analysis performed by the original Reasonableness contracting agency documenting the reasonableness of the price? of Pricing Obtain a copy for your files. Analysis Final Docs X 10. Does the contract term comply with the five -year term limit Contract Expires established by FTA? 8/14/2014 See Award Letter 11. Was there a proper evaluation of the bids or proposals? Include X a copy of the analysis in your files. See Final Evaluation 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.