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HomeMy WebLinkAboutPW14-171 - Original - HGACBuy - Utility TV Inspection Truck - 01/01/2014 Records Mana "9 emer t-,) KENT `� Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: HGAC (Houston Galveston Area Council) ILC #14-4018 Vendor Number: N/A JD Edwards Number �1 Contract Number: T r' 14 1 This is assigned by City Clerk's Office Project Name: Interlocal Agreement with HGAC for Utility TV Inspection Truck Procurement Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: I Contract Effective Date: 01/01/2014 Termination Date: 12/31/2014 with automatic annual renewal Contract Renewal Notice (Days): 30 (written notice) Number of days required notice for termination or renewal or amendment Contract Manager: Ron Green Department: Fleet/Warehouse Services Detail: (i.e. address, location, parcel number, tax id, etc.): This is a interlocal agreement (no direct fee or charge) with HGAC to purchase certain products through the HGAC Cooperative Purchasing Program utilizing there contractors and vendors. S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 INTERLOCAL CONTRACT ILC 4 - 4 0 1 NPAPWFOR COOPERATIVE PURCHASING No Perm t Number vsslgad by H-GAC TIIIS 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,hereinafterreferred to as"H-GAC," having its principal place of business at 3555 Timmons Lane,Suite 120,Houston,Texas 77027,and*City of Kent. WA. ,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*220 4th Avenue South Kent Washington 98032-5895 WITNESSETH WHEREAS,H-GAC is a regional planning commission and political subdivision ofthe State of Texas operating under Chapter 391, Texas Local Government Code;and WHEREAS,pursuant to the Act,H-GAC is authorized to contLact 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 entityunder the Act,that its govemmgbodyhas authonzedthis Contract on *01/01/2014 (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 more of 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 activities under this Contract in accordance with all applicable rules,regulations,and ordinances ana 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 contractbetween theparties hereto,and supersede any and all oral and written agreements between the parties relating to matters herein ARTICLE4: PERFORMANCE PERIOD .p1/01/2014 The period of this Contract shall be for the balance of the fiscal year of the End User,which began and ends* 12131/2014 This Contract shall thereafter automatically be renewed annually foreach 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 om 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 ow-nership(title)to products purchased through H-GAC shall transfer directly from the contractor to the End User. i (over) i f I i ARTICLE 6t PAYMENTS H-OAC MR confirm each order and Jssuo notice to oontactor to proceed. Upon delivery of goods or services purchased,and ptesentRdOa of a properly doownanted Jnvobce,the End Usea shag promptly,and in any rose within thirty(30)days,pay H-GAC'a contractor rho full amountoftho invoice.Allpayromb for goods oraerducs willbomadoftoincmrontrcvwuea avaitsbloiu lhopsyiag party. In no event aWH-t3AC lave any fmandalllabilityto the BndUser for any goodsorgeniees&tdUserprocures from on1r OAC Contractor, ARTICLE 7t CHANOBS AND AMENDM� Thfe t�nkact may be amended oulyby a wutOen ameadmoat exeouted by both parties,except that any alterations,additions,or dolotions to the tam of this Contract wH n aro regahed by changes in Federal and State law or regdladom are automatically Incorporated fate this Contract without written amondmoat hereto and gludberome;effbotivo on the date desigaaudbysueh law or regulation. H OAC reserves therightte woke changes In the aeopo ofproduots and services offered 4uouothe a-OAC Cooperative parcbaswg Propyvm to be performed hereunder, ARTICLE Bs TERMINATION 13ROC&DTR2F H OAC orthoLndUsormtycanool thfa Ce Are otatmty time uponthlrty(30)days will ton noticebyoorttfiodmalltothe o the-p arty tu disContmot. TheobltgatlonsoftheEndUsor,inolucting its eUpttoatopayHaWscontrnctor fox anOostsinMuredunderthis Contract prier to such notice sball survive suet cowellatiory as well as any other ebligatfon Incurred under this Contcaot,until performed or discharged byttt End User. ARTICLE 9; SMRAB7LITY Altpartles agree thatahouldauyprovislott ofdds Contraetbe detemtinedtn beinvaltd orunonforcealsle,e8ob.detamttnatlat sbaHaot affect any other tens ofthfs Contract which shall continuo in full force and offset. ARTICU10i FORCSEMA7TIJR8 To the wdauttbateitherpartyto this Contract shall be wltollyorparttallypreveatedffomthe pertbnnanoe wid3kthe team spaoffiedof any obligation ordutyplaoed on owhparlybyreasonof or fbhough strikes,stoppago ofbabor,riot;fire,flood,acts o£war,fnsorrcotton, eoobdant,order o£anycourt,act of God,or spoaiffo cause reasonably beyond the patty's control andtotathlbutabla to its nogloot or nonfeasance,Insurh @vent,the timofot thoperBvmanco ofsuchobligalion ordutyahallbe ouspeadeduu9suchdisabiffty toperibmtis rmtoved,provided,howeve.,forcemaJeurosballnotco=seonrblfgatiotsolelytopsyftmds.DatarmfaeEioaofforcem�atueaball rest solely with H-OAC, All TICL11li: VENUE Dispntos botwoenprocudng party andVendor are to beresolvedIn accord wlththo Jaw andvonue xules ofee State ofVzohese, T=DT$TRUMUtNT VAS BEW=C Yl)INTWOORIG4IAr$BYTHEPA]3TIESHERETOAS�L *City OF Kent Houatan-GnlvestolcArea Corrncll Name of End Uset(lddslgormurtduE agdnoy,ornan-prfitWrpw'oif4 9355 --elan n0a ri'wi1w TX 77027 *220 4th Avenue, South BY Ma ftAddrrse BxeeuBvaD!<edtae "'Kent WA 9 032.095 City r �8kfo 2IP Cddo Anew M der PB , &Igor wiled u apgolatd afr7atel W, , ze Coke, Mayor e e&T1deof8fvWmy Draft �Adnoreatrqulradfldldr ter.OMI 1 t i ' I I 1 I 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 willbe made from currentrevenues available to thepaying party In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from anH- 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 ofproducts and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder. ARTICLES: TERMINATION PROCEDURES H-GAC or the End User may cancel this Contract at anytime upon thirty(30)days written notice by certified mail to the otherparty to this Contract The obligations of the End User,including its obligation to pay H-GAC's 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 Allparties agree that should arryprovision ofthis 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 eitherpartyto this Contract shallbe wholly or partiallypreventedfrom the performance within the term specified of any obligation or duty placed on such partyby reason of or through strikes,stoppage of labor,not,fire,flood,acts ofwar,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 performes removed,provided,however,force maleure shall not excuse an obligation solely to pay funds Detemunation of force maleure 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: Xity of Kent Houston-Galveston Area Cornrci'1 Name of End User(local goverment,agency,or nonlrafit corporation) 3555 Timmons Igoe,Suite 120,Houston,TX 77027 *220 4th Avenue, South Ey Matling Address Executive Director *Kent WA 98032-5895 city z tam Cade Attest Manager *By- Date• St two f c eted or appointed official * u t oke, Mayor of �� I Aptlf'Nance&Title of Signatory Date *Denotesrequiredfields rav 03A1 j I i *Request for Information To expedite service,please complete the following blanks relevant to your agency's administrative/elective personnel and return the completed for to H-GAC,Cooperative Purchasing Program, P.O.Box 22777,Houston,TX 77227-2777. Name of End User Agency: City of Kent County Name: King (Municipality/County/District/ete) Mailing Address: 220 4th Ave.,South Kent WA 98032-5895 (StreetAddress/P O Box) (City) (State) (ZIP Code) Main Telephone Number: (253)ass-57o0 FAX Number: (253)855-6712 Physical Address: 220 4th Ave., South Kent WA 98032-5895 (SveetAddress, fdrfferentfrommwhngaddress) (Crty) (State) (ZIP Code) Web Site Address: www.kentwa.gov Official Contact: Ron Green Title: Fleet Superintendent (Point of Contact forBGACBuy Interlacat Contract) Ph No.: (253)856-5680 _ Mailing Address: 5821 South 240th Street Fx No. :(253)856-6600 _ (Sti eet-4ddress/P,0.Box) E-Mail Address: Rgreen@kentwa gov Kent WA 98032 (City) (State) ('LIP Code) Authorized Official: Suzette Cooke Title: Mayor soft (M o ty Monager/Executive Director etc) Ph No.: (253)8564W#Wp(J_ Mailing Address: 220 4th Ave.South Fx No. :(253)856-fto 400 (Street Add)ess/0 0.Box) . E-Mail Address: Scooke@kentwa.gov Kent WA 998032-5895 (City) (State) (LIP Code) Official Contact: Title: (PurchasingAgentAudttor etc.) Ph No.: - Mailing Address: Fx No. : - (3treetAddrem10.0.Box) E-Mail Address: (Crty) (State) (ZIP Code) Official Contact: Tim LaPorte Title: Public Works Director (Public Work Director/Police Chief eta) Ph No.: (253)856-5500 _ Mailing Address: 220 4th Ave.South Fx No. :(253)656-6500 (SrreetAddreWO,0.Box) E-Mail Address: Tlaporte@kentwa.gov Kent WA 98032-5895 (City) (State) (ZIP Code) Official Contact: Title: (EMS DrrectonRre Chief etc) Ph No.: - Mailing Address: Fx No. : - (So eel Add)ess10.0.Box) E-Mail Address: (City) (State) (ZIP Code) *denotes required fields I PUBLIC WORKS DEPARTMENT Tim LaPorte, Public Works Director Phone. 253-856-5515 Address. 220 Fourth Avenue S. KENT Kent, WA. 98032-5895 WASHING70N Date: February 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members Special PW Committee Meeting Date: March 17, 2014 From: Ron Green, Fleet Superintendent Greg Reed, Utility Superintendent Through: Dave Brock, P.E., Interim Operations Manager Subject: Interlocal Agreement with HGAC for Utility TV Inspection Truck Procurement Item - 2 MOTION: Move to recommend Council authorize the Mayor to sign an interlocal agreement with HGAC to facilitate the purchase of a TV Inspection Truck and associated software, hardware, cameras and training, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Public Works Operations needs to replace its sewer and storm line TV Inspection truck, along with associated software, hardware and cameras in 2014. Over the past 17 years, the inspection truck has served its useful life and the equipment inside the truck has become obsolete. Nationwide, a number of local and state agencies utilize group contracting to receive the best prices on equipment. The Houston Galveston Area Council (HGAC) has developed a reliable list of vendors for TV inspection trucks and equipment that is widely used. HGAC is similar to the Washington State Interlocal Agreement which we use to purchase more typical vehicles and equipment. HGAC vendors have the equipment specifications we need to update our TV inspection equipment. The vendor selected from the HGAC list is CUES, which is a national company widely used throughout Puget Sound. CUES supplies and supports complete packages; inspection trucks, cameras, inspection equipment/training and equally as important, the functional hardware and software platforms we require. I We have selected the HGAC inter-local contract as the basis of our purchasing agreement because of its flexibility to integrate components that are beneficial to our needs; we deal directly with the vendor and achieve the best price for the product and services rendered. This method has been reviewed and approved by our legal department, as it meets all Washington state and local procurement requirements. BUDGET IMPACT: Approved - 2014 Budget Adjustment (Utility Funded) 1 � �� REQUEST FOR MAYOR'S SIGNATURE KtNT Please Fill in All Applicable Boxes WAYXiN4rVM Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Fleet Services - Ron Green Phone (Originator): Date Sent: 4/18 2014 Date Required: 4 24 2014 Return Signed Document to:AW CONTRACT TERMINATION DATE: 1 year ervices on VENDOR NAME: Inter oca gree TE OF COUNC PROVAL: P Prqved with HGAC (Houston Galveston Area 3/17/2014 and ouncil approv �7 Council col Brief Explanation of Document: HGAC (Houston Galveston Area Council) Interlocal Agreement will allow us to purchase our Utility TV Inspection truck and associated equipment for Public Works Operations at the best price, using a reliable vendors who specilize in TV inspection trucks and equipment. This method has been reviewed and approved by our legal department and meets all Washington state and local procurement requirements. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: 'qIal/ly 'I, A Approval of Law Dept.: v1 �o Law Dept. Comments:}AGAC CEoC�1{,d p 'ihu.E 'n'u4,t V-q-n �(Utr �{lt�') �>� try fif f4C Q a tto-n . Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received R-ECEIVE,P7 Recommendations and Comments: Disposition: t 1 I � �� City-of KeXil r�cd ��� Ofice,Of-ft Mayor Date Returned: