HomeMy WebLinkAbout3620 RESOLUTION NO. 3620
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN
REPAIR, INC., AND THE
FOR TWO (2) ROAD
AID/MEDIC UNITS
H&W APPARATUS
CITY OF AUBURN
RESCUE TYPE III
WHEREAS, the City of Auburn is engaged in various municipal functions,
including providing for public Safety, and
WHEREAS, included among the facets of the City's public safety
responsibilities are those involving response to calls for aid; and
WHEREAS, in order to provide for such services, it is appropriate that the
City maintain an appropriate contingent of trained personnel and aid response
equipment; and
WHEREAS, in order to provide for those services it is appropriate for the
City to acquire two (2) Road Rescue Type III Aid/Medic units; and
WHEREAS, the City of Kirkland, Washington, recently requested bids for
the purchase of aid vehicles, and the successful bidder in this project was H&W
Apparatus Repair, Inc, an Oregon Corporation doing business as H&W
Emergency Vehicles; and
WHEREAS, the City of Auburn is willing and interested in subscribing to
the City of Kirkland bidding package for the purchase of the two such units; and,
WHEREAS, the City of Kirkland is also willing to enter into an Interlocal
Agreement with the City of Auburn that would allow the City of Auburn to take
Resolution 3620
June 9,2003
Page 1
advantage of the City of Kirkland purchase agreements and pricing for the two
(2) Road Rescue Type III Aid/Medic units, with terms being acceptable to
the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
the Interlocal Procurement Agreement with the City of Kirkland for cooperation in
procurements, in substantial conformity with the Agreement attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Section 2. That the Mayor and the City Clerk are authorized to execute
an agreement with H&W Apparatus Repair, Inc., for the purchase of two (2)
Road Rescue Type III Aid/Medic units, in substantial conformity with the
Agreement attached hereto, marked as Exhibit "B" and incorporated herein by
this reference.
Section 3. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this///"~day of (~/~-.--~, 200-2-~
Cl'l~ OF AUBURN
PETER B. LEWIS
MAYOR
Resolution 3620
June 9,2003
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution 3620
June 9,2003
Page 3
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
20030729000849
PACZFZC NU TZT AG
PAGE 991 OF 903
97/29/2093 10:19
KZNG COUNTY, WA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement (RES 3620)
Reference Number(s) of Documents assigned or released:
[-1Additional reference #'s on page ~ of document
Grantor(s)lBorrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Kirkland, City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
[] Additional legal is on page of document.
NA~ASessor's Property Tax Parcel/Account Number
[] Assessor Tax # not yet assigned
INTERLOCAL PROCUREMENT AGREEMENT
THIS AGREEMENT is between the CITY OF AUBURN, a Washington State municipal
corporation, and the CITY of KIRKLAND, a municipal corporation of the State of Washington.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington provides for interlocal cooperation between governmental agencies; and
WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their
mutual interest.
NOW, THEREFORE, the parties agree as follows:
PURPOSE: The purpose of this agreement is to acknowledge the parties' mutual interest to
jointly bid the acquisition of goods and services and to dispose of property where such mutual
effort can be planned in advance and to authorize the acquisition of goods and services and the
purchase or acquisition of goods and services under contract where a price is extended by either
party's bidder to other governmental agencies.
2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer
the provisions of this agreement.
3. SCOPE: This agreement shall allow the following activities:
A. Purchase or acquisition of goods and services by each party acting as agent for either or both
parties when agreed to in advance, in writing;
B. Purchase or acquisition of goods and services by each party where provision has been
provided in contracts for other governmental agencies to avail themselves of goods and
services offered under the contract.
C. Disposal of goods by each party acting as agent for either, or both parties when agreed to in
advance, in writing.
4. DURATION AGREEMENT - TERMINATION: This agreement shall remain in force until
canceled by either party in writing.
RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the
right to contract independently for the acquisition of goods or services or disposal of any prope _rt),_
withOul notice to the other party and shall not bind or otherwise obligate the other party to
participate in the activity.
COMPLIANCE WITH LEGAL REQUIREMENTS: Each party accepts responsibility for
compliance with federal, state or local laws and regulations including, in particular, bidding
requirements applicable to its acquisition of goods and services or disposal of property.
FINANCING: The method of financing of payment shall be through budgeted funds or other
available funds of the party for whose use the property is actually acquired or disposed. Each
party accepts no responsibility for the payment of the acquisition price of any goods or services
intended for use by the other party.
Exhibit "A"
Resolution No. 3620
Page 1
8. FILING: Executed copies of this agreement shall be filed as required by Section 39.34.040 of the
Revised Code of Washington prior to this agreement becoming effective.
INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its solicitations for
goods a provision disclosing that other authorized governmental agencies may also wish to
procure the goods being offered to the party and allowing the bidder the option of extending its bid
to other agencies at the same bid price, terms and conditions.
10.
NON-DELEGATION/NON-ASSIGNMENT. Neither party may delegate the performance of any
contractual obligation, to a third party, unless mutually agreed in writing. Neither party may
assign this agreement without the written consent of the other party.
11. HOLD-HARMLESS: Each party shall be liable and responsible for the consequence of any
negligent or wrongful act or failure to act on the part of itself and its employees. Neither party
assumes responsibili~ to the_ other party for the consequ~ences of_ any act or omission of a_ny
person, firm or corporation not a party to this agreement.
12.
SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable, shall
be ineffective to the extent of such prohibition or enforceability, without involving the remaining
provision or affecting the validity or enforcement of such provisions.
SIGNED this ~ day of ,2003
Peter B. Lewis, Mayor
A~st:
Dar~r~lle E. Daskam, City Clerk
~~y~Appr e to
SIGNEDihis / ~: daY
,2003 -
Approved as to form:
Kirkland City Attorney
CITY OF KIRKLAND
?
By: ,2' ,y .... ,- -'-- ,- ' '",~-'- h~-¥ c -~. /'~ ,
P~chasin~gent
Exhibit "A"
Resolution No. 3620
Page 2
PURCHASE AGREEMENT
PURCHASE AGREEMENT FOR AID/MEDIC UNITS
Ill
(Contract)
III
This Purchase Agreement for two (2) Road Rescue Type III Aid/Medic units, by and
business as
between H&W Apparatus Repair, Inc, an Oregon Corporation doing ~ H&W
Emergency Vehicles, hereinafter referred to as "Seller" and the
Auburn, WA, hereinafter referred to as "Purchaser" is entered into effective
AGREEMENT
(1) Seller agree to sell, and Purchaser agrees to buy from Seller, certain Aid/Medic units or
equipment, accessories and related items (collectively the "Apparatus"), as outlined in
Seller's bid, specifications, proposal, and additional documents attached hereto and
incorporated herein, consisting of the following:
PURCHASE AMOUNT
(2) The purchase amount will be Two Hundred Forty Two Thousand, Seven Hundred Thirty_
Dollars, and 00/100 ($242,740.00), total for the two. The purchase price may be adjusted
by an amount equal to the costs to the Sellers arising from addition of any element to
and/or change to the Apparatus required by any law, regulation or standard, or any change
orders presented by the Purchaser after the date of this Agreement. *** See attached
change orders noted as Addendum "A".
PAYMENT TERMS
(3.1) Deposit. The Purchaser agrees to deposit the sum of 90% of the value of the contract
($218,457.00) at the time the units are completed and prior to leaving the factory. This
will be paid directly to H&W Emergency Vehicles and will be invoiced approximately 30
days prior to units completion.
Exhibit "B"
Resolution No. 3620 1 06/12/03
PURCHASE AGREEMENT
(3.2) Balance. The remaining 10% balance of the contract ($24,243.00) is due and payable
after the completed units arrive at the Purchaser's location, subject to a final inspection,
which shall be completed within fifteen (15) business days of arrival of the unit back at
the Purchaser's location. All payments shall be made directly to Sellers at Seller's
address below, and not to any sales agent of Sellers, except upon presentation of a written
power of attorney executed by Sellers, specifically referring to this Agreement.
(3.3) If payments are not made when due, a late charge of one and one-half percent
(1-1/2%) per month (18% annually), may be assessed by Sellers for any past due amount,
and such late charge will be in addition to, not in lieu of, any remedies available to the
Sellers.
(3.4) Default. If the Purchaser defaults or fails to pay the balance due, without reasonable
justification, Seller will not deliver the Title (MSO) to the unit until the impasse is
resolved.
(3.5) This will be in addition to, not in lieu of, any remedies available to the Seller to
enforce payment for the complete Apparatus. The seller shall retain title to the Apparatus
and equipment, until the total purchase price has been paid in full, including any notes,
obligations and securities given to secure the unpaid balance.
CANCELLATION
(4) Purchaser may cancel Purchaser's purchase commitment under this Contract, by notice to
Seller, which notice will be effective when actually received by Seller. In the event of
cancellation by Purchaser, Purchaser shall be responsible to Seller for the actual costs
incurred by Seller prior to receipt of such notice, which costs are not recoverable by
Seller within thirty (30) days by Seller's reasonable mitigation measures. At the end of
such thirty-day period, any deposit paid by Purchaser shall be applied against the balance
of Seller's costs and expenses, and any excess deposit shall be promptly refunded to
Purchaser. In the event Purchaser's deposit is insufficient to cover Seller's costs and
expenses described herein, the unpaid portion thereof shall be immediately payable by
Purchaser upon notice from Seller.
Exhibit "B"
Resolution No. 3620 2 06/12/03
DELIVERY TERMS
PURCHASE AGREEMENT
(5) Seller shall complete the Apparatus and make the same ready for delivery within
approximately 180 days after receipt of the signed agreement & approved building
instructions. The completed Apparatus shall be delivered to the the Buyer's Location by
the Seller at the Seller's expense. Should the Buyer wish to take delivery of the
completed units at the Seller's factory at the Buyer's expense, deduct $1,300.00 per unit
for delivery.
WARRANTIES
(6.1) All warranties are more particularly described in Seller's bid attached hereto. Subject
to the foregoing, the body is warranted to the original owner against structural defects for
the life of the unit, and the unit is otherwise generally warranted against defects in
workmanship and materials for a period of one (1) year from delivery.
(6.2) The following additional warranties apply to certain items of equipment: Chassis as
outlined in the commercial chassis warranty.
(6.3) Subject to the above, the Apparatus and equipment are sold "AS IS" without any other
representations or warranties. SELLER EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIABILITY
(7)
Seller shall not be responsible to the Purchaser for any loss or damage directly or
indirectly arising from the use of the Apparatus, defects, or from any delay in delivery of
the completed Apparatus or delay of any component, due to strikes, fires, accidents,
natural disasters, acts of war, inability to obtain parts or materials, or other circumstances
beyond Seller's control which may prohibit the Apparatus from being delivered.
In any event, Seller's liability under this Agreement is limited to the purchase amount
stated in Section 2 above, and under no circumstances will Seller be liable to Purchaser or
any other parties for amounts in excess thereof, for any claims, damages or expenses
related to or involving this Agreement or the Apparatus.
Exhibit "B"
Resolution No. 3620 3 06/12/03
AUTHORIZATION
PURCHASE AGREEMENT
(8) Purchaser shall furnish to the Seller's satisfaction, evidence that Purchaser's entry into
this Agreement has been duly authorized by all necessary authorities and governing
bodies, and that the official(s) executing this Agreement on behalf of the Purchaser are
duly authorized to obligate the Purchaser to the terms this Agreement. This Agreement
shall not become valid unless signed by a duly authorized officer of Seller, and
countersigned by the authorized representative of the Purchaser.
GENERAL PROVISIONS
(9.1) Jurisdiction/Validity. If any provisions of this Agreement is deemed invalid, it shall not
affect the validity of any other provision of this Agreement. This Agreement,
incorporating all attached items, represents the final and complete expression of the Seller
and Purchaser, and all other agreements, either written or verbal are hereby abrogated. In
the event of any litigation's arising from this Agreement, it shall be subject to the laws of
the State of Oregon.
(9.2) Attorney Fees. The prevailing party in any action to collect a balance owing under this
Contract shall be awarded reasonable attorney fees at trial, on appeal, and for post-
judgment collection.
(9.3) Nonassignment. Neither this Agreement nor any interest herein shall be sold,
assigned, transferred, or encumbered by either party without the consent of the other, and
any attempt to do so in violation of this Agreement shall be null and void.
(9.4) Waiver. No delay or failure by any party to exercise any right, power or remedy with
regard to any breach or default by such party under this Agreement, or to insist upon strict
performance of any of the provisions hereof, shall impair any right, power or remedy of
such party, and shall not be constructed to be a waiver of any breach or default of the
same or any other provisions of this Agreement.
(9.5) Limitation. Any legal action based on this Agreement must be commenced within the
time allowed by the applicable statute of limitations.
(9.6) Notices. All notices under this Agreement shall be in writing and mailed by certified
mail/return receipt requested to the parties hereto at their respective addresses as set forth
below, or at such other address as may be designated by the parties in writing.
Exhibit "B"
Resolution No. 3620 4 06/12/03
PURCHASE AGREEMENT
Date Signed:
SELLER:
H&W APPARATUS REPAIR, INC., an
Oregon Corporation, d/tl/a
H&V~
By: L-~aM, ~
Steven National Sales Manager
Address: 3150 SW 234th, Suite 100
Hillsboro, OR 97123
Date Signed:
By: __
PURCHASER:
The City of Aubum
1101 "D" Street NE
Aubum, WA 98002
Name: Peter B. Lewis
Title: Mayor
Exhibit "B"
Resolution No. 3620
06/12/03
PURCHASE AGREEMENT
Addendum "A"-Change orders
Note: This order is via Interlocal Cooperative Agreement with Kirkland, WA bid proposal 10-10-
FM and the King County Fire Chiefs Interlocal Purchase Agreement.
Exhibit "B"
Resolution No. 3620 6 06/12/03