HomeMy WebLinkAboutResolution 2012-063 relating to fleet managementMARANA RESOLUTION NO. 2012-063
RELATING TO FLEET MANAGEMENT; APPROViNG AND AUTHORIZiNG TI�
MAYOR TO EXECUTE A RENEWAL OF THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE PROVISIf�N OF
FUEL AND VEHICLE MAINTENANCE
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 need of renewal; and
WHEREAS the Town and the Pima County may contract for services and enter into
agreements with one another for joint ar cooperative action pursuant to A.R.S. § 11a952, et seq.;
and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests
of its citizens to renew this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF l�tiARANA, that the intergovernmental agreement between the Town of Marana and
the Pima County attached to and incorporated by this reference in this resolution as E�ibit A is
hereby approved, and the Mayor is hereby authorized and directed to execute it far and on behalf
of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed
and authorized to undertake all other tasks necessary to carry out the terms and objectives of the
intergovernmental agreement.
PASSED and ADOPTED by the Mayor and Council of the T f arana, Arizona,
this 7�' day of August, 2012.
Ma or E nea
ATTEST:
ocelyn . Bronson, Tawn Clerk
APPRQV T FORM�
Fr sidy, Town A rne
Marana Resolution No. 2012-063
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07/31/2012
INTERGOVERNMENTAL COOPERATIVE PURI
BETWEEN
� P1NlA COUNTY, ARIZON
AND
� TOWN OF MARANA
CONTRACT
N0,�7��f'�S'•l,�dDda'e;p�d� �D�o�
AMENDMENT Na. '
7At�N�r�'R��NEill�ar on a1E
invoices, anrrespondence and
dacuments pertaining to this
contract.
THIS INTERGOVERNMENTAL C04PERATIVE PURCHASING AGREEMENT
("Agreem�rn#"), is rnade and enter�d into by and betwe�n Pima Caunty, a body poi�ic
and corparate of the State af Arizona, {"Ccunty°) and the Town of Marana, {`�Marana°} for
the purpose af providing fuel and vehicie maintenance tc Marana.
1NiTNE3$ETH:
WHEREA3, Caunty and Mar$na may contract for serrrices aru� enter into agre�ments
with one anotfier far joirrt or cooperativ� actian pursuant ta A,R.S. §§ 11-951 through 11-
954 and 41-263� through 41-2634; �nd
WHEREAS, Marana does nat have a facility to fuei and maintain said vehicles, and is
having difficufty fueling its vehicies iocaily; and
WHEREAS, Counry has a facilrty to fuel and maintain County vehicles; and
WHEREAS, County is willing to provide fuel and vehicfe maintenance to Marana.
NOW, THEREF4RE, County and Marana agree as fallows:
7. 3cope
A. Courtty, through its Fleet Services C�partmerrt, shail provide fuel from its field service
trudcs, fuel from it� fueiing statior� located throughout Tucson and Pima County, and
vehicle maintenancs at 1301 South Miasian Road, Tucson, Arizana 85713 to Marana.
Courity vehicles and equipment have priority to'these fuei and vehicle maintenance
services. Caurrty fuel and vehicle maintenance shall only be, provided vehicles ovmed oc
leased by Marana.
B. The Cour�ty is under no obtigafion to supply fuel or perform vehicle mairrtenance far
Marana. Any future reduction in fuel allocatians ta Pima Courrty ar Marana due to {ocai,
state, o� national fuai shortages will require a proportionate reductian in fuei dispensed in
accordance with its respactive allocatian.
C. Courrty shali not be liable to Marana far damages to Marana vehicles from County-
acquired fuel.
D. Courity guarantees vehicie maintenance work for 90 days ar 4,000 miles, whichever
comes flrst, and wili pass on to Marana any parts warranty provided by the
manufackurer. If County vehicis maintenance wark or replacement parts fail in normai
service within that period, the Courrty shall make additional repairs at no additional
charge to Marana. Cqunty provides na other express warranty on vehicle maiirrtenancs
work. ' Any imptied wamanty of inerchantabitity or fitness is limited to the � day or 4,000
miles duration of this warranty.
�G
E. Marana shal! be liable for all damages to the County facility caused by Marana in#he
cour$e of fueling or maintaining Marana vehicles, except for damages that resuit from
the sole negligence af County. Furthermore, Marana shall fotlow the attached fueling
and maintenance prot:edures as specified in Exhibit A, the provisions of which are part
of this Agreement and incorparated by reference herein.
2. Paymen#
A. Caunty shall bill Marana monthiy thraugh the Fleet Senrices Accounting Section.
Biflings shall include all monthly costs far fue1 and maintenance. County shaii bill for
vehicle maintenance at the prevailing shop rate per hour for vehide maintenancs
perFormed at County vehicie maintenance shops. County shall bilE towing and actual cast
af subcorrtracted repairs at outside shops, plus labor cost ta transpart vehicles to and
from outside vendors. Current rates are outlined in Exhibit A. Marana shall pay County
withirr �fteen (15) day� of Caunty's biiL
B. I�f, after 10 d�ys written natice tn Marana, Marana faiis to p�y the full amaur�t du�,
Courrty ma� termin�te this Agreement immediately.
3. Term and Termination
A. County and Marana shall within their lawf'ul methods of fin�ncing provide for paymerrt
of the costs and expenses of their obligations arising each year under this Agreement
from current annuai budgeted funds for that year. :
B. The term of the Agreement shaA:be from the date of signature by the Pima County
Board of Supervisors through June 1, 2017 unless sooner terminated pursuar�t ta the
tenns of this Agreemerrt. Any modifcation of this Agreement shali be by formal written
amendment and executed by the parties hereta
C. Notwithstanding any other provision in this �reement, this Agreement may be
te�rninated if for any reason the Pima Caur�ty Board of Supenrisors does not apprapriate
sufficient monies for the purpase of maintaining this Agreement. In the event of such
cancellation, Caunty shall have no further obligation to Marana
�. Either party may terminate this Agreement at anytime with thirty (30} days written
notice.
4. Severability
(f any provision of this IGA, o� any application thereof to the parties ar any person or
circumstances, is held invalid, such invaiidit�t shall not affect other provisions or
applications of this IGA which can be given effect, without the invalid provisian or
application and to this end the provisions of this IGA are declared ta be severabis.
S. indemnification
Each party (as Indemnitor) agrees to indemnif�r, defend and hold harmiess the other
party (as Indemnitee} ham and against any and at� claims, losses, liabil'�jr, costs or
expenses (inciuding r+easonable attomey's fees) (hereinafter collectively referred ta as
"clairns'� arising out of badily injury of any person (includi�g death) or property damage,
but anly to the extent that such claims which resuft in vicarious/derivative fiab�lity to the
Indemnitee, are caused by the act, omission, negligence, miscondur.t, or other fau�t of
the Indernnitor, its officers, officials, agents, employees, or valunteers.
6. ADA
This Agreement shall comply with alt applicable pravisions af the Americans w+th
Disabilities Act (Public Law 101-336 42 U.S.C. 12101-12213} and ai! applicabie federat
regulatians under the AGt including 28 CFR parts 35 and 3S.
7. Conflict of intereat
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 corrtained in this iGA shal! be construed to,
create any partnership, joint venture or emplayment relabonship beiween the parties ar
crea#e any employer-employee relationship between County and any Marana
empioyees, nr between Marana and any Courit�i employees. Neither pa�ty shall ba liable
far any debts, accaunts, obligations ar o#her liabilities whatsoever of the other, including
(withaut limita#ion) the other party's obligation to withhold Social Security and income
taaces for itsetf or any of its employees.
9. Compiiance with Laws
The parties shall comply with all federal, state and Iocal laws, ruies, regulatians,
standards and Executive Orders, withaut limitatian to thos� designated within this
Agreeme�. The laws and regulatiar� of the State of Arizona shal! govem the rights af
the parties, the performance af this Agreement and any disputes hereunder. Any activn
re{ating ta this Agr�ement shali be brought in an Arizona court in Pima County. Any
changes in the goveming laws, ruiss and regulations during the berms of this Agreement
shali appiy but do not require an amendment
10. Non-discrimination
CONTRACTOR agrees ta cornply with ali provisions and requirements af Arizona
Executive Order 2009-09 inciudins� flow down of ail oro�► ions and
reauirements to any subcorrtraators. Executive Order 2009-09 supersedes
Executive order 99-4 and amends Executive order 75-5 ar�d may be viewed and
downloaded at the Govemor of the State af Arizona's website
http://www.azs�overnor.s�av/dmsl�o{oadlEO 2t?09 �9.ndf which is hereby
incorparated into this contrad as if set forth in full herein. Durirlg the perFormance
of this corrtract, CONTRACTOR shail not discriminate against any employee,
clierrt or any other individual in any way because of that person's age, race,
creed, color, religion, sex, disability or national origin.
11. No Third Party Beneficiaries
Nothing in the provisions of this IGA is intended ta create duties or obligations ta or
rights in third parties not parties ta this IGA or affect the lega{ liability of either party to
the IGA by imposing any standard of care with respect to the maintenance of public
facili�es different from the standard of care imposed by law.
12. Worker's Compensation
Each pa�ty shall comply with the notice of A.R.S. § 23-1022 (E). For purpases of A.R.S.
§ 23-1422, each party shall be cansidered the prfmary employer of all perscrnnel
currerrtly or hereafter employed by that parry, irrespective of the aperations of protocal in
place, and said party shall have the sale responsibility for the payment of Worker's
Compensation benefits or other f�nge benefits of said employees.
13. insurance
Each party shall obtain and maintain at its own expense, during the entire term of
this Contract the foilowing typ�(s} and amounts of insurance:
a) Commercial Generai Liability in the �mount uf $1,040,OOO.QO combined
single limit Bodily injury and Property C}amag�.
bj Commerciat or Business automobile liability cove�rage for owned, non-
owned and hired v�hicles used in the perFarmance af thi� Cantract with
limits in the �mount nf �1,OOp,000A0 combined s3ngl� lim'rt or
$1,pQ0,000.00 8odily Irijury, $1,Up0,000.00 Property Damage.
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c) If this Cor�tract involves professional servic�s, professionalliability
insurance in the amount of $1,flOQ,00t?.00 �
d) if required by iaw, workers' compensation coverage including �mployees'
liabilit�r coverage.
Parties to this agreement shall provide thirty (38) days af writtten notice to alt
parties to this IGA of cancellation, non-renewai or material change of
coverage.
The above requirements may be altematively met through self insurance
pursuant A.R.S. §§ 11-261 and 11-981 (or if a schaol district, § 15-382) or
participatian in an insurance risk pool under A.R.S. § 11.952.01 (or if a school
district, § 15-382) at no less than the minimal coverage leveis set forth in this
article. Parties ta this agreement shail provide thirty (30) days written nabce
to all other parties of cancellation, non-renewal or material change of
coverage.
14. Entire Agreement
This document constitutes the entire Agreeme�rt betw�en the parties pertaining to the
subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. Thi�
Agreemerrt shall not be madified, amended, a{tered or e�ctended exc$pt through a written
amendmerrt signed by the parties.
IN WtTNESS WHEREOF, Pima Caunty has, by order �of its Board af 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 subscrib y t Cha' an, the day, month and year firr,t above written.
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ATTE�T
@I'!C _
The foregoing Agreemerrt 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 Caunty A Town af Marana
Deputy
EXHIBIT A
FUELING PROCEDURES
(1) TOWN OF MARANA will provide the Courity with a list of all of their members who
require a gas purchase fuel key and a list af all the vehicles that will be obtaining fuel at
Pima County fueling stations. Fleet Services will issue individual driver and vehicle
fueling keys.
(2) TOWN OF MARANA is to natify Fleet Services immediately if a fueling key becomes
last or stolen. Any fuel that is abtained prior to not�cation to the Fleet Services
Department will be the respansibility of TOWN OF MARANA, and TOWN OF MARANA
will be charged accordingly.
MAINTENANCE PR�CEDURES
(1) TOWN OF MARANA will have tf�e availability to bring their vehicles to the Fleet
Services maintenance shop for both major and minor preventive maintenance.
Preventive maintenance will be based on mileage intervals as determined by TOWN OF
MARANA
(2) Whenever possible TOWN QF MARANA will schedule their vehicles far preventive
maintenance one (1) week in advance. Downtime of vehicle shall be determined by
mairrtenance shop workload. Pima CouMy shall advise TOWN OF MARANA when work
will begin on the vehicle and the estimated completion time; Pima County wifl advise
TOWN OF MARANA of any changes in the repair schedule.
(3) Priority for mairrtenance will be given to Pima County vehicles.
(4) TOWN OF MARANA will have the availability of utilizing Pima County's towing
senrice company providing arrangemerrts are made through Fleet Services Department.
(5) Pima County Fleet Services Department reserves the right to sublet maintenance
repair work to vendors utilized by Pima County, if it is determined that subletting would
be more practical or economically feasible. TOWN OF MARAN,4 would be required to
pay the actual amount of the sublet invoice plus the labor cost for transporting the
vehicle to and from the vendor to the Pima County Fleet Services Shop.
(6) All licensing, titling and insurance for TOWN OF MARANA vehicles will be the sole
responsibility of TOWN OF MARANA.
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EXNIBIT B
MAINTENANCE PROGEDURES
CURRENT RATES
AAAINTENANCE:
ALL VEHICLE SH4P $65.�1 PER H(JUR