Loading...
HomeMy WebLinkAboutResolution 2005-116 IGA with pima county for purchase of fuel and fleet services MARANA RESOLUTION NO. 2005-116 RELATING TO OPERATIONS AND MAINTENANCE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PURCHASE OF FUEL AND FLEET SERVICES. WHEREAS, the Town of Marana has previously entered into a cooperative purchasing agreement with Pima County for the provision of fuel and fleet services to the Town of Marana; and WHEREAS, the current agreement is in need of renewal; and WHEREAS, the Town wishes to continue to participate in the cooperative purchasing of fuel and fleet services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: The Mayor is authorized to execute an Intergovernmental agreement for the provision of Fuel and Fleet Services to the Town of Marana. Section 2: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Resolution are hereby repealed as of the effective date of this resolution. Section 3: If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town 0 this 6th day of September, 2005. ~ ATTEST: Mayor Ed Honea ~\,"""',,~ ~ OF~~ S~~\\""r",~ ~ ::: /2if CORPORAT/{,\ ~ ::S OOC> == ~ iSEALS - ~ ~ ~;:: ~ ~ ~ s ~ "1 ~111"1l"\\~ ~ ~ J:1/Z ,\~\'~ 1111,ill\\\~ ( f. ANN RODRIGUEZ, RECORDER RECORDED BY: SGP DEPUTY RECORDER 1456 AS2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12664 1425 9 20052050405 10/21/2005 13 :44 RES P0230 PIMA CO CLERK OF THE BOARD PICKUP PICKUP AMOUNT PAID $ 0.00 RESOLUTION 2005 - 258 RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA APPROVING AND AUTHORIZING EXECUTION OF THE INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT BETWEEN PIMA COUNTY, ARIZONA AND THE TOWN OF MARANA FOR THE PUPROSE OF PROVIDING FUEL AND VEHICLE MAINTENT ANCE TO THE TOWN OF MARANA WHEREAS, Pima County and the Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. ~~ 11-951 through 11-954 and 41-2631 through 41-2634; WHEREAS, the Town of Marana requires fuel and maintenance for its vehicles; WHEREAS, Pima County has a facility to fuel and maintain Pima County vehicles is willing to provide fuel and vehicle maintenance to the Town of Marana. NOW THEREFORE BE IT RESOLVED by the Pima County Board of Supervisors that the Intergovernmental Cooperative Purchasing Agreement for the purpose of providing fuel and vehicle maintenance is hereby authorized and approved; That the Chair of the Board of Supervisors is hereby authorized and directed to execute the Intergovernmental Cooperative Purchasing Agreement; and That various County officers and employees be and hereby are authorized and directed to perform all acts necessary to give effect to this Resolution and the Intergovernmental Cooperative Purchasing Agreement. PASSED AND ADOPTED this 18th day of Oct.,2005. PIMA COUNTY: ~ ~5<-r ATTEST: J,jL;~ . ~oard ~ Chair, Board of Supervisors OCT 1 8 2005 APPROVED AS TO FORM: ~~i. .2J::, t ......"1.:6 1 ~f.! 1::;; 6 d tiI 1 4 2: S ~ MARANA RESOLUTION NO. 2005-116 RELATING TO OPERA nONS AND MAINTENANCE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PURCHASE OF FUEL AND FLEET SERVICES. WHEREAS, the Town ofMarana has previously entered into a cooperative purchasing agreement with Pima County for the provision of fuel and fleet services to the Town of Marana; and WHEREAS, the current agreement is in need of renewal; and WHEREAS, the Town wishes to continue to participate in the cooperative purchasing of fuel and fleet services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: The Mayor is authorized to execute an Intergovernmental agreement for the provision of Fuel and Fleet Services to the Town of Marana. Section 2: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Resolution are hereby repealed as of the effective date of this resolution. Section 3: If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town 0 this 6th day of September, 2005. ~ 1 2 E.~ b 11 f~ 1 d ,'j , ['3 ATTEST: Mayor Ed Honea ~\"'''''",.. ~ OF~~ ;$~~"."I""~ ~ ~o~ ~ IIii ~ CoRPORA7F ~ = CIOO _ 5 ,SEALs i ~ ~""'IJll\\~ ~ ~,1JiIZ. '\ca~~ ./II'U'\\-' ( c 0 NT;;? A C r NO. 6/.7 j'. III /3 71ii:. ~ / deS AMENDMENT NO,_____ This number must -3.'u~a' O~ all Invoices, corr..spON'lt::flce and documents j)~'"'i:l,nHlQ \0 ~I'II& contf9ct. INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT BETWEEN PIMA COUNTY, ARIZONA AND TOWN OF MARANA THIS INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT ("Agreement"), is made and entered into by and between Pima County, a body politic and corporate of the State of Arizona, ("County") and the Town of Marana, ("Marana") for the purpose of providing fuel and vehicle maintenance to Marana. WITNESSETH: WHEREAS, County and Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. ~~ 11-951 through 11-954 and 41-2631 through 41-2634; and WHEREAS, Marana desires the ability to fuel and maintain said vehicles at County Facilities; and WHEREAS, County has a facility to fuel and maintain County vehicles; and WHEREAS, County is willing to provide fuel and vehicle maintenance to Marana. NOW, THEREFORE, County and Marana agree as follows: 1. Scope A. County, through its Fleet Services Department, shall provide fuel from its field service trucks, fuel from its fueling stations located throughout Tucson and Pima County, and vehicle maintenance at 1301 South Mission Road, Tucson, Arizona 85713 to Marana. County vehicles and equipment have priority to these fuel and vehicle maintenance services. County fuel and vehicle maintenance shall only be provided vehicles owned or leased by Marana. C. County shall not be liable to Marana for damages to Marana vehicles from County-acquired fuel. ~ >>\I". ~!:'. ~~ E:) d, fil j" 4- ~ B. The County is under no obligation to supply fuel or perform vehicle maintenance for Marana. Any future reduction in fuel allocations to Pima County or Marana due to local, state, or national fuel shortages will require a proportionate reduction in fuel dispensed in accordance with its respective allocation. D. County guarantees vehicfe maintenance work for 90 days or 4,000 miles, whichever comes first, at td will pass on to Marana any parts walTlnty provided by the manufacturer. If County vehicle maintenance work or replacement parts fail in normal service within that period. the Count) shall make additional repairs at no additional charge to Marana. County provides no other express warranty on vehicle maintenance work. Any implied warranty of merchantability or fitness is limited to the 90 day or 4,000 mites duration of this warranty. E. Mar Ina shall be liable for all damages to the County facility caused by Marana in the course of fueling or maintaining Marana vehicles, except for damages that result from the ,ole negligence of COU1ty. Furthermore, Marana shall foflow the attached fueling and maintenance procedures as spe!:ified in Exhibit A. the provisions of which are part of this Agreement and incorporated by referen ce herein. 2. Payment A. Cou,ty Shall bnt Marans monthly through the Fleet Services Accounting Section. Billings shall Include all monthly costs for fuel and maintenance. County shall bill for vehicle maintenance at the pre Ifalling shop rate per hour for vehicle maintenance performed at County vehicle malnte lance shops. County shan bill towing and actual cost of subcontracted repairs at outside shops, pius tabor cost to transport vehicles to and from outside vendors. Current rates are outtlned in Exhibit B. Marana shan pay County within fifteen (15) days of County's bill. B. If, after 10 days written notice to Marana. Marana fails to pay the full amount due, County may termini te this Agreement immediately. 3. r&nn and Termination A. Cou! lty and Marana shall within their lawful methods of financing provide for payment of the costs a nd &)(~nsn of their obligations ariSing each year under this Agreement from current annual budgeted funds for that year. B. The term of the Agreement shall be from the date of signature by the Pima County Board of Supervsors through November 30, 2011 unless sooner terminated pursuant to the terms of this Agreen lent. Any modification of thiS Agreement shall be by formal written amendment and eX$cub td by the parties hereto. C. Notv,ithstanding any other proVIsion In this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the pur lOse of maintaining this Agreement. In the event of such cancellation, County shall have no furtt er obligation to Marana. D. Eithttr party may terminate this Agreement at anytime with thirty (30) days written notice. 4. Severabfllty lL '"> ,... Ei E:; ;~, fiI If any proVision of this IGA, or any appltoatJon thereof to the parties or any person or :I.. circumftances. 1$ held invalid, such invalidity shan not affect other provisions or applications of ~J this IGJ i which can be given effect, without the Invalid provision or application and to this end the ~'9 provlsk ns of this IGA are declared to be Hverable. 2 5. Indemnification To the extent allowed by law, Marana and County shall indemnify, defend and hold harmless the other, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement attributed to any act or omission of Marana or County, their agents, employees, or anyone acting under their direction, control or on their behalf, in connection with or incident to this Agreement. 6. ADA This Agreement shall comply with all applicable provisions of the Americans With Disabilities Act (Public Law 101-33642 U.S.C. 12101-12213) and all applicable federal regulations under the Act including 28 CFR parts 35 and 36. 7. Conflict of Interest This Agreement is subject to the provisions of AR. S. ~38-511. 8. No Joint Venture It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Marana employees, or between Marana and any County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 9. Compliance with Laws The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulation of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the goveming laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. 10. Non-discrimination Neither party shall discriminate against any County or Marana employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the case of carrying out Agency duties pursuant to this Agreement. The parties shall comply with applicable provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. 11. No Third Party Beneficiaries 1- J'il ,;I. f~1i E) d l;~ 1, .i1. ~~ 9 Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal liability of either party to the IGA by imposing any 3 standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 12. Worker's Compensation Each party shall comply with the notice of ARS. ~ 23-1022 (E). For purposes of ARS. ~ 23- 1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4 1 ,? ,,;;., ~1 d~~ q ,1~, m t I~l '~ fiJ 13.. entire Agreement This d( Icument constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are heteby superseded and merged herein. This Agreement shall not be modified, amended, a"ered or extended except through a written amendment signed by the parties and recorded with the! Pin IS County Recorder. IN WITNESS WHEREOF, Pima County has, by order of its Board of Supervisors, authorized the Chair t.) execute this agreement and be attested by the Clerk of said Board. and said Marana has, b) order of its Governing Board. caused these presents to be subscribed by the Chairman, the da~, month and year first above written. COUN" ~ OF PIMA ~~~ Ch"8if,i )ima Cou.nty 1 0 CT 1 8 2005 Board l)f SUpervISors TOWN OF MARA1/ &~~ Chair C~~~~/~ ~\",nll'"/~ ~~~~f.r~~~ ~O~~ ~ ~ U $ ~ :::~ IcORPoRArf~ ~ _ S 000 = = -~ . ,L-- - -SEAL- - Fleet S ~tvices Director S \ I s ~ ~~ ~~ s ~ "f~ rIlIlU\\'r(\ ~ ~~'T/Z. 19 ~~ The for~going Agreement between Pima County and Town of Maran~I,("'~~n reviewed pursuant to A.R.S. f 11-952 by the undersigned, who have determined that it is in proper form and wit ,in the powers and authority granted under the laws of the State of Arizona to those parties 10 the Agreement represented by the undersigned. ~~~ GI.::rn, f loard of Supervisors ATTEST FLEET SERVICES: Pima C Junty ~~ ~ 7;>.~ ~d. .'~I * ~~ f.::, 1~~1. m 1, ,d '~ 1 5 o~ 761).. -o~ EXlllBIT A FUELING PRO<;ijDURES (1) Tl)WN OF MARANA will provide the County with a list of aU of their members who require a gas purchase fuel key and a list of all the vehicles that will be obtaining fuel at Pima Count) fueling stations. Fleet Services will issue individual driver and vehicle fueling keys. (2) T( tWN OF MARANA is to notify Fleet Services immediately if a fueling key becomes lost or stole n. Any fuel that is obtained prior to notif'lCation to the Fleet: Services Department will be the ~ ponsibility of TOWN OF MARANA; and TOWN OF MARANA will be charged ac,:ordJ ngly. MAINl'ENANCEPROCEDIJRES (1) TCIWN OF MARANA will have the availability to bring their vehicles to the Fleet Services maintel18llCe shop fur both major and minor preventive maintenance. Preventive maintenance will be based on mileage intervals as determined by TOWN OF MARANA (2) Whenever possible TOWN OF MARANA will schedule their vehicles for preventive maintenance one (1) week in advance. Downtime of vehicle shalJ be determined by maintenance shop w ~rkload. Pima County shall advise TOWN OF MARANA when work will begin on the vehicle and the estimated completion time; Pima County will advise TOWN OF MARANA of any chs nges in the repair scheduJe. (3) Pril)rity for maintena:nce will be given to Pima County vehicles. (4) TC'WN OF MARANA will have the availability of utilizing Pima County's towing service COtnpaty providing arrangements are made through Fleet Services Department. (5) Pin Ja County Fleet Services Department reserves the right to sublet maintenance repair work to vend)CS utilized by Pima County, jf it is determined that subletting would be more practical or ecollOrr ically feasible. TOWN OF MARANA would be required to pay the actual attlOWlt of the ; sublet ilvoice plus the labor cost for transporting the vehicle to and from the vendor to the Pima f3 Co unty Fleet Services Shop. E~ ,/1. (6) All licensing, titling and insurance fur TOWN OF MARANA vehicles will be the sole ~ respoDS lbility of TOWN OF MARANA. ~ 2 EXHIBIT B MAINTENANCE PROCEDURES CURRENT RATES MAINTENANCE: LIGHT VEIDCLE SHOP $48.00 PER HOUR $50.00 PER HOUR REA VY VEInCLE SHOP COMMUNlCATIONS SHOP $S3.00 PER HOUR TIRE SHOP $42.00 PER HOUR SERVICE TRUCKS $38.00 PER HOUR 1 :~ f:'~ .~, n;~ d. ro 1. ~l "~ " ,~;