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Home My WebLink AboutTrans 2013-01-15 Item 2E - Interlocal Agreement - Cooperative Purchasing of Fleet with Houston-Galveston Area CouncilTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Pat Brodin, Operations Manager DATE: January 11, 2013 SUBJECT: Interlocal Contract for Cooperative Purchasing of Fleet ISSUE An interlocal contract for cooperative purchasing with the Houston - Galveston Area Council (H -GAC) to make vehicle and equipment purchases. BACKGROUND The City of Tukwila currently has a local agency contract with the Washington State Purchasing Cooperative. The State Bid Contract continues to be beneficial for buying equipment and supplies that have already been competitively bid through the State. Another purchasing cooperative is available to local governments called the Houston - Galveston Area Council. The H -GAC is also a competitively bid purchasing agent and has fleet equipment that is currently not available on the Washington State Bid List. There is no cost to be a member of the H -GAC cooperative. DISCUSSION Within the approved 2013 budget, Public Works has two pieces of equipment to purchase which are on the H -GAC program listing. The two units are the Street's sweeper and Sewer's TV Van. Purchasing these two vehicles through the H -GAC cooperative saves procurement time while allowing agencies a means to purchase at competitive pricing. FISCAL IMPACT None. RECOMMENDATION Council is being asked to approve this interlocal contract for cooperative purchasing with the Houston - Galveston Area Council (H -GAC) and consider this item on the Consent Agenda of the January 22, 2013 Regular Meeting. Attachments: 2013 -2014 Budget, page 331 Equipment Purchases Information on the HGACBuy Program Interlocal Contract W:\Shared Copy Only\PatInfo Memo HGAC Intedocal,docx 101 2013-2014 Biennial Budge City of Tukwi!a, Washington CURRENT UNIT Scheduled Replacements POLICE: (A) 1) Patrol Car 2) Patrol Car 3) Patrol Car, Crime Prev 4) Patrol Car 5) Patrol Car, Traffic 6) Motorcycle 7) Detective Adrnin Sedan 8) Jail Transport Van 9) DARE Vehicle FIRE: 10) Command Car, BC (B) 11) Pumper 12) Pumper STREET: 13) S`°rcpc, 14) Bucket Truck (B) 15) 3/4-Ton Pickup SEWER / SURFACE WATER: 16) TV Van WA TER: 17) 3/4-Ton Pickup 18) Variable Message Board a^nKS: 19) 1/4-Ton Pickup GOLF: 20) Utility Cart 21) Utility Cart 24 Utility, Gam, 23) Mower, Greens 24) Mower, Greens Triplex 25) Mower, Trim 26) Core Harvester Bill LD/x/GMAINTENANCE: 27} Cargo Van 28) Cargo Van EQUIPMENT RENTAL: 29) Vehicle Diagnostic Systeni Public Works — Equipment Rental NEW u" REPLACEMENT PURCHASES zNzm3-z014 UNIT No. 1720 $ 1723 1127 1724 1103 1072 1151 1221 1209 1281 1352 New PURCHASE YEAR 2013 2014 63,000 63,000 63,000 86,000 700,000 700,000 1464 220,000 1278 1256 1254 180,000 1287 30'000 1426 1255 19'500 63,000 63,000 35,000 30,000 160,000 45,000 160,000 28,000 uhmmcu Replacement Year Replacement Unit 2019 Patrol Car 2018 Patrol Car 2024 Patrol Car, Crime Prev 2018 Patrol Car 2025 Patrol Car, Traffic 2025 Motorcycle 2024 Detective Admin Sedan 2034 Jail Transport Van 2024 DARE Vehicle 2023 2038 2038 2023 2024 2024 Command Car, BC Pumper Pumper Sweeper Bucket Truck 3/4-Ton Pickup 2033 TV Van 2028 3/4-Ton Pickup 15,300 2029 Variable Message Board 2031 1/4-Ton Pickup 1061 6,812 2023 Utility Cart 1067 6,812 2023 Utility Cart 1069 5,000 2024 Utility, Gator 1656 34'782 2035 Mower, Greens 6604 34'081 2021 Mower, Greens Triplex 1633 27,000 2024 Mower, Trim 6003 7,000 2021 Core Harvester 1249 22,000 1248 2028 Cargo Van 22,000 2029 Cargo Van 9600 5,300 2019 Vehicle Diagnostic System Total by year $ 699,681 7 Grand Total $ 2,894,587 $ 2,194,906 (ij Positions were added to the Police Department later in the budget process for the Crime Prevention Reduction and Chronic Nuisance initiatives. Funding is available to purchase police vehicles for these positions, but they have not been reflected in the 501 Fund's New 8.zReplacement Purchases. Lines 10 aiid 14 were budgeted for replacement in 2012, hut not purchased. Page Mal HGACBuy Program Information Page 1 of 5 Types of Participating End Users: • ivlunicipalities, Cities, Counties and State Agencies Councils of Goverturient SChOOk, SCh001 Districts, Colleges, Universities SI Hospitals and Hospital Districts o Emergency .Medical Services and Services Districts El! Volunteer NOT Depainrients and Rural Fire Prevention Districts La Special Law Enforcement Jurisdictions • Judicial Courts & Districts tu Emergency Comihunications Districts la Utility Districts (MUDS, WCIDs, Irrigation, etc,) Special Districts Authorities (Airport, Port, River, Water, Ton Road, etc,) a State Agencies Not-for-Profit Corporations [501(e)(3)] providing government functions and services, (Special requirements apply, See Program Info/Executing an Interlocal Contract with HGACBuy) The Texas Interlineal. Cooperation Act Most States On the United States have either interlocal Cooperation or Joint Powers authority to allow local governments in those states to join and participate in programs like IMACBuy. Click on Authorizing Statutes on the HGACBuy web site to see what cooperative purchasing statutes exist in each state to allow for participation in IIGACBuy. In 1971, the Texas Legislature passed the Interlocal Cooperation Act [Texas Government Code, Title 7, Chapter -791] to promote activities among local governments across Texas. Any local government or non profit providing government services may contract or agree with one or more local governments under the terms of this Act to conduct purchasing and other administrative functions. The f011owing excerpt from the A.ct states that_ "The Interlocal Cooperation Act's purpose is to improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of inter-governmental contracting authority at the local level including contracts between all political subdivisions of the state and agencies of the state, Legal At Governmental entities join HG.A.C.Buy by execution of an interlocal Contract (ILC) which can be found on the HGACBuy website under Program info, By executing the JLC, the End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because n is one of the finlowingi a qualifying non-profit corporation, county, MUnicipalky, special district, or other political subdivision of the State of Texas, or another state, and (2) it possesses adequate legal authority to enter into this Contract. Scope of H-GAC's 1"rofessionall Services When participating in liCAC uy, tiembers make their purchase orders out to, and directly pay, the HGACBuy contractor, However, II-GAC does act as the designated purchasing agent on behalf of pao1icpatofl.g End Users by performing specific services including, but not limited to: io Conducting research and SU tNeys • Developing specifications for each product/service Soliciting vendor participation http://www.hgacbuy.org/progr using/default.aspx 01/03/2013 103 Using the Program :: HGACBuy Page 2 of 5 • Issuing specifications documents • Conducting pre-bid/pre-proposal conferences • Opening bid/proposal responses • Evaluating responses • Issuing Vendor Contracts awarded by the H-GAC Board of Directors • Certifying contract validity • Contracts Administration Interlocal Contract Reoevvals Provisions of the Interlocal Cooperation Act provide for annual renewal ofI,terlmal Contracts. The contract document issued by HGACBuy contains a provision for automatic annual renewal. Unless an updated contrac document is requested, or statutory change occurs, the initial enactment could remain in effect in perpetuity. A permanent identification number is assigned to each End User contract. Purchasing Statutes Applied to H-GAC Competitive Bid Process Products offered through HGACBuy have been subjected to either the conlpetitive bid or competitive proposal format based on Texas statutes for Councils of Governnients under the Local Government Code Chapter 252. The 76th Legislature, Regular Session, added language that stipulates Councils of Governments shall specifically use "municipal bidding statutes". As administrator, H-GAC's rules of governance apply. In evaluating bid and proposal responses, HGACBuy takes into account any prospective contractor's ability to meet performance requirements. Factors considered include number and location of sales/service facilities, depth of staff, qualifications of technical support personnel, and business continuity. Contractors are expected to service all End Users participating in the Program wherever possible, practical, and not contrary to franchise or dealership agreernents. H-GAC Board wfDirectors Awards All Contracts The Board of Directors composed of 35 elected officials awards all H-GAC cooperative purchasing contracts. As a politica subdivision ofthe State ofTexas, Board agenda are publicly posted in advance of public meetings. Board meetings are customarily held on the third Tuesday of each month in H-GAC Conference Room A, Second floor, 3555 Timmons Lane, Houston. The Houston-Galveston Area Council is one ofTexas 24 regional councils ofgovernrnents. Steps To Placing Purchase Orders Through HGACBuy Step (first time only) Execute the "Interlocal Contract" (ILC) found on the HGACBuy website under Program Info, and return to H-GAC. H-GAC will sign two copies and return one to the End User for their records. The ILC may be faxed to 713-993-4548 for expedited processing. Step 2: Obtain specific product details from the HGACBuy website, www.BGACBuy.org.Then'contact the contractor's nearest representative for additional assistance and a definitive price quotation. Contractor information can be found at the bottom of each contracts web page under Products Available. Step 3: 01/03/2013 1 04 Using the Program :: HGACBuy Page 3 of 5 Prepare and submit your purchase order directly to the relevant HGACBuy contractor, after completing consultation with the contractor's representative. A copy of the order along with a copy of the contractor's written quotation shall be faxed or mailed to HGACBuy at FAX: 713-993-4548. Orders should include specific details regarding the purchase (i.e., name of the End User's contact person, shipping /delivery instructions, and installation details, if any). HGACBuy contractors will then invoice End User for all purchases, and End User will pay the contractor directly following delivery and acceptance. NOTE: Performance Bond HGACBuy's contractual requirements no longer include a Performance Bond, and bid pricing should reflect this cost saving. However, Contractor must be prepared to offer a Performance Bond to cover any specific order, if so requested by End User. Contractor shall quote a price to End User for provision of any requested Performance Bond. If Performance Bond is requested by End User for a particular order, Contractor agrees to furnish the Performance Bond within ten (1o) days of receipt of End User's purchase order. HGACBuy Order Confirmation On most contracts, when a copy of a purchase order is received (see Step 3 above), HGACBuy staff prepares an Order Confirmation which is then sent to the Member and the Contractor - authorizing the Contractor to proceed with the order. This Order Confirmation indicates that the Contractor does have a valid contract with HGACBuy for the products contained on the order. Actual pricing is not verified on the Order Confirmation. For pricing verification prior to issuing the purchase order, contact HGACBuy staff. Remitting End User Payments For Products and Services Rendered The prompt payment requirements for products and services rendered through cooperative purchasing states that "...upon delivery of the goods and services purchased, and presentation by HGACBuy contractor of a properly documented invoice, the End User shall promptly, and in any case within thirty (3o) days, pay the HGACBuy contractor the full amount of the invoice. All contracts between HGACBuy and its contractors require prompt payment upon delivery of products /services to an End User. Ownership Passes Directly From Contractors to End Users HGACBuy does not at any time take title to any product. Contractors assign ownership directly to End Users. Reimbursement of HGACBuy's Operational Costs The HGACBuy program is solely funded through the assessment of an administrative fee paid by the contractor on each order. End Users Invited to Attend Pre -Bid Conferences HGACBuy schedules publicly announced pre- bid /pre - proposal specification conferences with http:// www. hgacbuy .org /program/using /default.aspx 01/03/2013 105 Using the Program :: HGACBuy Page 4 of 5 manufacturers, distributors, representatives, and dealers for the various product categories offered. These conferences, held throughout each year, are widely attended by the various industry groups represented in the Program. End Users are invited to attend these conferences also. See a listing of scheduled pre-bid conferences on the HGACBuy website under Bid Notices. 3-Way Partnership At Work The three-way partnership between HGACBuy, Program End Users, and Contractors is a very irnportant relationship that provides vital links to ensure effective cooperative results. Clear, concise communication is essential to making the partnership effective and successful. The contact path includes all three parties: HGACBuy, End User, and Contractor. II-GAC's Role: HGACBuy's role is to conduct product research and surveys, write technical specifications, coodmtprc6idoonfemumm.opoo6ido.uodovaluatcrespn000aAftorooutractoamuwurdodbyduB'G8C Board, HGACBuy certifies contract validity, and administers contracts. The End User's Role: End Users are expected to consult with Contractors' representatives for the purpose of determining the exact requirements needed to serve constituents. End Users work with Contractor's representatives to detail and complete all documentation required when submitting purchase orders. The Contractor's Role: HGACBuy relies upon its Contractors to quickly respond to End User inquiries that provide detailed product information and pricing, including priced options for specific products. Contractors' representatives work closely with each End User to meet specific constituent needs. H-GAC's Bid Notices The Program's Coordinator for Specifications & Bids directs the bid/proposa cycte for products and services that HGAC uy desires to ptace undei- contract on behalf of Mernbers. The near term schedule of procurements is posted on the HGACBuy website under Bid Notices. Distribution of H-GAC Product Specifications Product/service specifications and Invitations To Submit Cornpetitive Bids/Proposals are distributed by ernail to all prospective responders that HGACBuy is aware of. The docunients are also posted on the HGACBuy website, and the legally required notices are posted in newspapers, including minority-emphasis publications. End User Benefits HGACBuy offers significant benefit to participating End User whether targe, medium, or sniatl size. • Expedited procurement • Volume purchasing discounts • On-duty professional staff assistance • Research and deve ent of technica specifications • Contract administration H-GAC Web Site 01/03/2013 1 06 Using the Program :: HGACBuy Page 5 of 5 Information on products under contract through HGACBuy can be accessed through the web site. The web site contains the following: • Product categories with base bid prices • Contractors' representatives with telephone numbers • H-GAC staff telephone numbers and e-mail addresses • isting of Specifications Conferences • Listing of Bid opening dates for each product category Contacting HGACBuy 3555 Timmons Lit, Suite 12o Houston, TX 77027 Phone: 80o-926-0234 Fax: 713-993-4548 Web: www.HGACBuv.org Individual staff phone numbers and emails may be found on the HGACBuy website under Program Staff. http://www.hgacbuy.org/program/using/default.aspx 01/03/2013 107 108 List of End Users :: HGACBuy Page 1 of 2 End User City Washington Battle Ground School District #119 (WA) Brush Prairie Bethel School District (WA) Spanaway Chelan County (WA) Wenatchee City of Anacortes (WA) Anacortes City of Auburn (WA) Auburn City of Bellevue Washington (WA) Bellevue City of Bellingham (WA) Bellingham City of Buckley (WA) Buckley City of Edmunds (WA) Edmonds City of Ephrata (WA) Ephrata City of Everett (WA) Everett City of Kenmore (WA) Kenmore City of Kennewick (WA) Kennewick City of Kirkland (WA) Kirkland City of Lacey (WA) Lacey City of Lynnwood (WA) Lynnwood City of Marysville (WA) Marysville City of Mercer Island (WA) Mercer Island City of Monroe (WA) Monroe City of Mount Vernon (WA) Mount Vernon City of Normandy Park (WA) Normandy Park City of Olympia (WA) Olympia City of Port Angeles (WA) Port Angeles City of Port Townsend (WA) Port Townsend City of Pullman (WA) Pullman, City of Quincy (WA) Quincy City of Renton (WA) Renton City of Richland (WA) Richland City of Ritzville (WA) Ritzville City of SeaTac (WA) SeaTac City of Seattle (WA) Seattle City of Spokane (WA) Spokane City of Union Gap (WA) Union Gap City of Vancouver (WA) Vancouver City of Walla Walla (WA) Walla Walla City of Yakima (WA) Yakima City of Yelm (WA) Yelm Clark County (WA) Vancouver Clark Public Utilities (WA) Vancouver Community College of Spokane (WA) Spokane Cowlitz County (WA) Kelso Eureka Fire Protection District No. 3 (WA) Prescott Family Services of Grant County (WA) Moses Lake Franklin Pierce School District (WA) Takoma Green River Community College (WA) Auburn Island County Emergency Services Communications Center (I -COM), WA Oak Harbor Kennewick Irrigation District (WA) Kennewick Kennewick School District (WA) Kennewick Key Peninsula Metropolitan Park District dba: Key Pen Parks (WA) Lakebay King County (WA) Seattle Kitsap County (WA) Port Orchard Klickitat County (WA) Goldendale La Center School District (WA) La Center Nine Mile Falls School District (WA) Nine Mile Falls Pierce County (WA) Tacoma Pierce County Fire Protection District No. 2 (WA) Lakewood Port of Everett (WA) Everett Port of Seattle (WA) Seattle Port of Vancouver (WA) Vancouver Public Utilitiy District No. 1 of Chelan County (WA) Wenatchee Public Utility District No. 1 of Snohomish County (WA) Everett Puget Sound Residential Services (WA) Renton Renton School District No. 403 (WA) Renton http: / /www.hgacbuy.org/ program /endusers /default.aspx ?state =WA 01/03/2013 109 List of End Users HGACBuy Page 2 of 2 Skagit County Public Util District (WA) Mount Vernon Skagit sit (WA) Burlington Snohornish County Public Transportation (WA) Everett South Kitsap Fire & Rescue (WA) Port Orchard Spokane Airport Board (WA) Spokane Spokane County (WA) Spokane Union Gap School District #2 (WA) Union Gap Yakima County (WA) Yakima 01/03/2013 1 1O TN T SMART PURCHASING SOLUTION INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING ILC No: Permanent Number assigned by H-GAC THIS INTERLOCAL CONTRACT ( "Contract "), made and entered into pursuant to the Texas Interlocal Cooperation Act,Chapter 791, Texas Government Code (the "Act "), by and between the Houston - Galveston Area Council, hereinafter referred to as "H -GAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and * , a local government, a state agency, or a non - profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at * WITNESSETH WHEREAS, H -GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H -GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H -GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on * (Date), and that it desires to contract with H -GAC on the terms set forth below; NOW, THEREFORE, H -GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The End User represents and warrants to H -GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or moreof those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non - profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS H -GAC and the End User agree to conduct all activitiesunder this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD The period of this Contract shall be for the balance of the fiscal year of the End User, which began * and ends * . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H -GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H -GAC to a contractor having a valid contract with H -GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H -GAC. Ownership (title) to products purchased through H -GAC shall transfer directly from the contractor to the End User. (over) 111 ARTICLE 6: PAYMENTS H -GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H -GAC's contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H- GAC contractor. ARTICLE 7: CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. H -GAC reserves the right to make changes in the scope of products and services offered through the H -GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H -GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H -GACs contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party' s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligdion solely to pay funds. Determination of force majeure shall rest solely with H -GAC. ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: * Houston - Galveston Area Council 3555 Timmons Lane, Suite 120, Houston, TX 77027 Name of End User (local government, agency, or non - profit corporation) * By. Mailing Address Executive Director * City State ZIP Code Attest. Manager *By: Signature of chief elected or appointed official Date * Typed Name & Title of Signatory Date *Denotes required fields rev. 03 /11 112 *Request for Information To expedite service, please complete the following blanks relevant to your agency's administrative/elective personnel and return the completed form to H-GAC, Cooperative Purchasing Program, P.O.Box 22777, Houston, TX 77227-2777. Name of End User Agency : County Name • (Municipality / County / District / etc.) Mailing Address : (Street Address/P.O. Box) Main Telephone Number : (City) (State) (ZIP Code) FAX Number: Physical Address (Street Address, if different from mailing address) (City) (State) (ZIP Code) Web Site Address: Authorized Official: Title • (City manager / Executive Director / etc.) Ph No.: Mailing Address: (Street Address/P.O. Box) E-Mail Address • (City) (State) (ZIP Code) Official Contact: Title: (Purchasing Agent/Auditor etc.) Ph No.: Mailing Address: Fx No.: (Street Address/P.O. Box) Email Address • (City) (State) (ZIP Code) Official Contact: Title. (Public Works Director/Police Chief etc.) Ph No - Mailing Address: Fx No • (Street Address/P.O. Box) Email Address • (City) (State) (ZIP Code) Official Contact: Title. (EMS Director/Fire Chief etc.) Ph No • Mailing Address: Fx No - (Street Address/P.O. Box) Email Address (City) (State) (ZIP Code) 113