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HomeMy WebLinkAboutC14-480 City of Aspen Agreement AGREEMENT Between Eagle County Government and City of Aspen Concerning the Purchase of Cutaway Vehicles under the Colorado Mountain Purchasing Consortium Procurement • This Agreement is between Eagle County Government ("County's and City of Aspen ("Agency") (referred to together as the "Parties") regarding;their respective roles and responsibilities,' and any. assumptions tied to the Colorado Mountain Purchasing Consortium ("CMPC") procurement and vehicle purchase from the Agreement between Eagle County, Colorado and National Bus Sales and Leasing, Inc...#CO-2014-350. The parties agree to and understand the following: A. The Procurement. County, Agency and other transit partners are working together to bring improved transportation purchasing coordination for cutaway vehicles over a period of five years (2014-2019). Eagle County led a procurement, in conjunction with partnering agencies and through the CMPC, to provide vehicle size classes A-G, alternative fuel type options (CNG, LPG, Diesel), and options including low floor design, 4x4 packages, varied hardware, as well as training, warranty, and service (the"Procurement"). The Procurement complied with federal and state requirements to allow the purchase of said vehicles using federal and state grant dollars. National Bus Sales and Leasing, Inc. ("Vendor") was the successful respondent and is authorized to sell to the CMPC agencies the quantities of vehicles during the fiscal years as set forth below. B. Agency Procurement Rights. Subject to individual agency budgeting and appropriation -requirements, 'Agency is authorized under the Procurement and has committed to purchase the quantity of Cutaway Vehicles as follows: CMPC-14-BOC-RFP Small-Medium Light Duty Cutaway Quantities 3une CY CY CY CY Jan. — Purchasing — Dec. 2015 2016 2017 2018 June Total By Agency 2014 2019 Agency All Points Transit 0 2 1 2 1 1 7 City of Aspen*** 0 0 0 4 0 0 4 City of Durango** 2 2 1 2 2 2 2 11 City of Farmington 2 2 2 2 2 2 12 City of Greeley 4 1 0 1 3 4 13 Page 1 of 4 • DSI / Amblicab 2 2 1 1 1 1 8 Eagle County 0 1 0 1 0 4 6 RFTA 3 5 4 5 5 4 26 Seniors' Resource Center 2 2 2 2 2 2 12 Town of Snowmass** 2 1 42 2 1 2 10 Total By Year 17 22 13 18 17 22 109 ** Note: 9/29/14:Durango relinquished one quantity in 2015 so that Snowmass could Increase one quantity in 2016. Snowmass's quantities therefore increased to 10 and Durango's quantities decreased to 11 overall. *** Note 11/19/14 Aspen moved four quantities from 2015 to 2017 and relinquished four quantities in 2019 due to budget issues. The 4 from 2019 have been moved to Eagle County in 2019. CMPC-14-BOC-RFP Large Heavy Duty Cutaway Quantities Purchasing June CY CY CY CY Jan. — Total Agency — Dec. 2015 2016 2017 2018 June By 2014 2019 Agency City of Farmington 0 1 1 1 0 1 4 Eagle County** 4 1 1 0 0 0 6 Mesa County 5 10 5 5 5 5 35 RFTA 1 0 1 0 0 1 3 Total By Year 10 12 8 6 5 7 48 ** Note: 9/29/14: During solicitation, Eagle County added two additional vehicle quantities to their purchase amount for use by Town of Avon. 1 quantity was added in June-Dec. 2014 and 1 in CY 2016. Avon will pay CMPC administrative costs for the 2014 vehicle purchase at the time of MOU signing. Avon will pay CMPC administrative costs for the 2016 vehicle purchase at time of delivery. C. Purchase Agreements: In order to purchase any vehicle through the CMPC, Agency will execute the Purchase Agreement in the form shown in Exhibit A, utilizing the Order Form contained therein, contracting directly with Vendor in accordance with approved grant timelines. Eagle County will assume no risk, have no liabilities or other responsibilities associated with the purchase of any vehicle. If Agency deviates from Page 2 of 4 LL+ base vehicles sizes and dasses and optional equipment as listed in the Purchase Agreement and attached Order Form, Agency will assume all risk of procurement variation. Any potential modification or deviation will need to go through the CMPC Program Administrator. Agency will not make any Cardinal Changes in a Purchase Agreement with Vendor. Agency recognizes that Cardinal Changes will result in a violation of FTA procurement regulations and will not be available for purchase under the Procurement. D. Other Agency Responsibilities: 1. Agency will be solely responsible for all vehicle inspections, maintenance, and operations for vehicles it purchases under the Procurement. Eagle County and the CMPC will assume no risk or liability with respect to vehicle purchases made by Agency. 2. Agency will take delivery:of vehicle at their individual agency location. 3. No later than December 31, of each year, Agency will send written notice to the County and the CMPC Program Administrator regarding Agency's intent to purchase the quantity of vehicles herein listed for Agency for the succeeding year. If Agency does not intend to purchase the quantity(ies) set forth for.the succeeding year, or fails to make such purchase during said fiscal year, Agency has the :option, to either jolLthe quantity forward to.the following ,year "or relinquish the' right to°purchase<<that'%quantity'for use by:another 'consortium member. Agency is not.ffnancially responsible for any quantity(ies) relinquished. In its sole discretion is lead agency in the CMPC Procurement, Eagle County has the right to assign relinquished vehicle quantities to other consortium,members ,on an annual basis or other Colorado transit agencies as deemed appropriate. Beginning on January 1, 2019, in its sole discretion, Eagle County has the authority to assign unused quantities as deemed appropriate whether such quantities=have been,relinquished.or not. ' • . .. F. CMPC Program Administrator: 1. County maintains a contract directly with the CMPC Program Administrator. The CMPC Program Administrator will work with Vendor 'and Agency to complete contract administrative activities-10 •include .working with vendor on paperwork requirements, tracking orders through delivery, follow 'up to make sure all reimbursement paperwork is correct for CDOT and/or FTA, annual contract negotiation and meeting with vendor to discuss price increases and performance issues, and completing an annual independent cost estimate to substantiate price increases. ; Page 3 of 4 2. Agency agrees to share the program administrative costs by paying County six hundred dollars ($600.00) per vehicle actually ordered from Vendor under the Procurement. This payment will help to defray a portion of the upfront and on-going CMPC administrative costs that County has and will incur as lead agency for the CMPC. Agency agrees to pay its full share of'the administrative costs, directly to County, no later than the time of vehicle delivery. Agency has the option to be billed for and pay multiple administration fees either at the time, or in advance, of delivery of buses ordered for a given year. 3. If Agency wishes to engage the CMPC Program Administrator for any additional services outside the scope of Paragraph F(1) of this Agreement, Agency agrees to contract directly with the CMPC Program Administrator. This Memorandum of Understanding is dated $ day of Month, 201.by and between: Agency Name: City of Aspen p- brinier eny 44,4/460V Agen` representativ C!7 Of /6',(4/ la/r/r COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: '�- Jillia, . Ryan, Chairman 04��EC0 ? Attest: .. * �` • By: '. otos�+- Teak J. Simonton, Clerk to the Board Page 4 of 4