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HomeMy WebLinkAbout09/06/2005 Blue Sheet IGA with Pima County for Purchase of Fuel and Fleet Services TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: September 6, 2005 AGENDA ITEM: 1.4 TO: MAYOR AND COUNCIL FROM: James R. DeGrood, P.E. Assistant Town Manager SUBJECT: Resolution 2005-116: Relating to Operations and Maintenance; approving and authorizing the Mayor to execute a renewal of the intergovernmental agreement between the Town of Marana and Pima County for the purchase of fuel and fleet services. DISCUSSION The intergovernmental agreement with Pima County which allows Marana to purchase gasoline and diesel fuel at the fueling stations operated by Pima County has expired. Staff believes that it is in the best interest of the community to renew this intergovernmental agreement, as it allows the town to continue to purchase fuel at a rate substantially below that available at commercial retail filling stations and because Pima County has a wide network of fueling facilities spread throughout the region. While Marana has a fuel station at the Marana Operations Center, it is often more convenient to refill vehicles at Pima County facilities. The renewal of this intergovernmental agreement also allows for the town to use Pima County Fleet Services for vehicle services. While the use of Pima County Fleet Services for vehicle repair is not anticipated, there may be occasions where road service from the County may be desirable. If approved, the term of this intergovernmental agreement would run through November 30, 2011. ATTACHMENT Intergovernmental agreement, excluding exhibits. RECOMMENDATION Staff recommends authorizing the Mayor to execute a renewal of an intergovernmental agreement for the purchase of fuel and fleet services from Pima County. SUGGESTED MOTION I move adoption of Resolution 2005-116. 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 of Marana, Arizona, this 6th day of September, 2005. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 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. 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. C. County shall not be liable to Marana for damages to Marana vehicles from County-acquired fuel. D. County guarantees vehicle maintenance work for 90 days or 4,000 miles, whichever comes first, and will pass on to Marana any parts warranty provided by the manufacturer. If County vehicle maintenance work or replacement parts fail in normal service within that period, the County 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 miles duration of this warranty. E. Marana 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 sole negligence of County. Furthermore, Marana shall follow the attached fueling and maintenance procedures as specified in Exhibit A, the provisions of which are part of this Agreement and incorporated by reference herein. 2. Payment A. County shall bill Marana 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 prevailing shop rate per hour for vehicle maintenance performed at County vehicle maintenance shops. County shall bill towing and actual cost of subcontracted repairs at outside shops, plus labor cost to transport vehicles to and from outside vendors. Current rates are outlined in Exhibit A. Marana shall 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 terminate this Agreement immediately. 3. Term and Termination A. County and Marana shall within their lawful methods of financing provide for payment of the costs and expenses 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 Supervisors through November 30, 2011 unless sooner terminated pursuant to the terms of this Agreement. Any modification of this Agreement shall be by formal written amendment and executed by the parties hereto. C. Notwithstanding 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 purpose of maintaining this Agreement. In the event of such cancellation, County shall have no further obligation to Marana. D. Either party may terminate this Agreement at anytime with thirty (30) days written notice. 4. Severability If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. 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 A.R. 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 governing 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 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 A.R.S. ~ 23-1022 (E). For purposes of A.R.S. ~ 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 13. Entire Agreement This document 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 hereby superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. IN WITNESS WHEREOF, Pima County has, by order of its Board of Supervisors, authorized the Chair to execute this agreement and be attested by the Clerk of said Board, and said Marana has, by order of its Governing Board, caused these presents to be subscribed by the Chairman, the day, month and year first above written. COUNTY OF PIMA TOWN OF MARANA Chair, Pima County Board of Supervisors Chair ATTEST ATTEST Clerk, Board of Supervisors Clerk FLEET SERVICES: Fleet Services Manager The foregoing Agreement between Pima County and Town of Marana has been reviewed pursuant to A.R.S. ~ 11-952 by the undersigned, who have determined that it is in proper form and within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the undersigned. Pima County Town of Marana Deputy County Attorney Attorney 5