HomeMy WebLinkAbout24-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: A resolution authorizing an
agreement and increase to an Annual
' Dept: Public Services Purchase Order, to "Y" Tires of Los
Angeles for new and recapped tires,
Date March 21, 2007 tubes and related repair services for City
vehicles and equipment, to be utilized
by the Fleet Division. '
Meeting Date: April 16, 2007
Synopsis of Previous Council Action '
Aug. 4, 2003 Reso 2003-215 Annual PO two single year renewals
June 23, 2005 Reso 2005-178 Annual PO with increase of $25,000
April 17, 2006 Reso 2006-111 Annual PO with increase of $76,000
Recommended Motion:
Motion #1: Adopt resolution.
Motion #2: Authorize the Director of Finance to amend the FY 06/07 Fleet, Refuse, and
Police budgets as discussed in this staff report to reflect the additional $30,000 in new
and recapped tire costs. .
vH-- ~ tcl~
Si re
Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff report, Ward: All
Resolution, Agreement.
FUNDING REQUIREMENTS:
Amount: $30,000
Source: 635-341-5111
Material and Supplies
Finance:
Council Notes:
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Agenda Item No.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing an agreement and increase to an Annual Purchase Order, to "Y"
Tires of Los Angeles for new and recapped tires, tubes and related repair services for City
vehicles and equipment, to be utilized by the Fleet Division.
Background:
The City purchases a variety of tires for use on refuse equipment, light vehicles, certified
pursuit tires for police vehicles, and road equipment. Heavy-duty truck tires may be
recapped up to eight times before the fire carcass is worn out. Recapping involves
replacing the tread face of the tire. The use of recapped tires provides cost savings over
the use of new tires.
On June 23, 2005 the Mayor and Common Council approved Resolution 2005-178
authorizing $290,000 for an annual purchase order, to "Y" Tires of Los Angeles, which had
submitted the lowest price on Bid No. F04-018. On April 17, 2006 the Mayor and Common
Council approved Resolution 2006-111 authorizing an increase of $76,000 to the annual
purchase order for a total of $366,000.
The Public Services Department, Fleet Division staff is requesting an increase of $30,000
to the purchase order for the remainder of FY 06/07, for a total amount not to exceed
$396,000. This increase is needed due to several factors: A 34.5% overall increase to the
"net state pricing schedule" effective January 1, 2007. This is the discounted pricing
schedule that all Government agencies are offered by fire manufacturers for new tires and
does not affect recaps. Attached for review is a listing of tires used by the City Fleet
comparing the former and current prices (see exhibit 1). Staffing and equipment shortages
in the Refuse Division have caused the already aging Refuse trucks to be used longer
hours and on weekends causing a usage rate higher than originally expected. This is also
true of the Police fleet, with increased Police patrol overtime and additional patrols comes
increased use of vehicles. Tire usage for both the Police and Refuse fleets have
increased from last year.
Financial Impact:
A budget amendment of $30,000 increasing Fleet's materials and supplies expenditure
account is requested (635-341-5111). Because the Fleet Fund operates as an "internal
service fund" all of Fleet's expenditures are charged back to city departments based on
related usage. These charges will ultimately be charged back to the Refuse Fund and
Police Department as they are directly related, so the Refuse and Police budgets will be
amended accordingly. Fleet staff estimates the budget amendments for Refuse and Police
to be as follows: Refuse Fund = $15,000, Police = $15,000, for a total of $30,000.
Recommendation
1.) Adopt resolution;
2.) Authorize the Director of Finance to amend the FY 06/07 Fleet, Refuse, and Police
budgets as discussed in this staff report to reflect the additional $30,000 in new and
' recapped tire costs.
.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING AN AGREEMENT AND INCREASE TO AN
ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000.00, TO "Y" TIRES OF
4 LOS ANGELES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED
REPAIR SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY
5 THE FLEET DIVISION.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
~ OF SAN BERNARDINO AS FOLLOWS:
g SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
9 execute on behalf of said City an Agreement between the City of San Bernardino and
10 "Y" Tire Sales Inc., a copy of which is attached hereto, marked Exhibit "A" and
11
incorporated herein by reference as fully as though set forth at length.
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SECTION 2. This purchase is exempt from the formal contract procedures of
13
• 14 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. 6.3 of said
15 Code "Purchases approved by the Mayor and Common Council".
16 SECTION 3. That "Y" Tire Sales, Inc. provides new tires, tubes and related
17 repair services for light duty vehicles and heavy equipment; and recapped tires, tubes
18 and related repair services for heavy equipment to be utilized by the Fleet Division.
19
Pursuant to this determination, the Purchasing Manager is hereby authorized to issue
20
21 an increase of $30,000 to the annual purchase order, to said "Y" Tire Sales, Inc., for a
~ total amount not to exceed $396,000 beginning in Fiscal Year 2006/2007 as a result of
23 Bid No. F-04-018.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
M 2 SAN BERNARDINO AUTHORIZING AN AGREEMENT AND INCREASE TO AN
ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000.00, TO "Y" TIRES OF
3 LOS ANGELES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED
REPAIR SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY
4 THE FLEET DIVISION.
5 SECTION 4. The Purchase Order shall reference this Resolution No. 2007-
6 and shall read, "Tires and related materials and services' P.O. No. 207102 not
7 to exceed $396,000 and shall incorporate the terms and conditions of the Contract.
8
SECTION 5. The authorization to execute the above referenced Agreement and
9
10 Purchase Order is rescinded if not issued within sixty (60) days of the passage of this
11 resolution.
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13 111 ',
. 14 111
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111
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111
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18 111
19 111
20 111
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111
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~ 111
26 111
• 27 111
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT AND INCREASE IN THE
2 AMOUNT OF $30,000.00 TO AN ANNUAL PURCHASE ORDER, TO "Y" TIRES OF
3 LOS ANGELES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED
REPAIR SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY
4 THE FLEET DIVISION.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the day of 2007, by the
8
following vote, to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13 BRINKER
', ~ 14 DERRY
15 KELLEY
I6
JOHNSON
17
18 MCCAMMACK
19
Rachel G. Clark, City Clerk
20
The foregoing resolution is hereby approved this day of
21 , 2007.
22
~ Patrick J. Morris, Mayor
City of San Bernardino
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~ Ap roved as to Form:
G',.,.y..-..
26 mes F. Penman, City Attorney
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1 VENDOR SERVICE AGREEMENT
• 2 This Vendor Service Agreement is entered into this 16th day of April
3 2007, by and between "Y" Tire Sales Inc. ("VENDOR") and the City of San Bernazdino
4
("CITY" or "San Bernazdino").
5
WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to contract for new and recapped tires, tubes and related
9 repair services; and
10 WHEREAS, the City of San Bernardino did solicit and accept quotes from available
11 vendors for recapped tires, tubes and related repair services.
12
NOW, THEREFORE, the parties hereto agree as follows:
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1. SCOPE OF SERVICES.
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15 For the remuneration stipulated, San Bemardino hereby engages the services of
16 VENDOR to provide those products and services as set forth in this purchase agreement.
17 2. COMPENSATION AND EXPENSES.
18 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
19 pay the VENDOR up to the amount of $30,000.00 for recapped tires, tubes and
20
related repair services.
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22 b. No other expenditures made by VENDOR shall be reimbursed by CITY,
23 3. TERM; SEVERABILITY.
24 The term of this Agreement shall be for a period of one year.
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1 This Agreement may be terminated at any time by thirty (30) days written notice by
2 either party. The terms of this Agreement shall remain in force unless mutually amended. The
3 duration of this Agreement maybe extended with the written consent of both parties.
4
4. INDEMNITY.
5
6 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
7 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
$ CITY's negligent acts or omissions arising from the CITY's performance of its obligations
9 under the Agreement.
10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
11
volunteers from any and al] claim, actions, or losses, damages and/or liability resulting from
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VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its
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14 obligations under the Agreement.
15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
16 claim, action, loss, or damage which results from their respective obligations under the
17 Agreement, the CITY and/or VENDOR shall indemnify the other to tare extent of this
18 comparative fault.
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5. INSURANCE.
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21 While not restricting or limiting the forgoing, during the term of this Agreement,
22 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
23 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
24 worker's compensation coverage, and shall file copies of said policies with the CTfY's Risk
25 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
26 additional named insured in each policy of insurance provided hereunder. The Certificate of
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1 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
2 termination in the policy.
3 6. NON-DISCRIMINATION.
4
In the performance of this Agreement and in the hiring and recruitment of employees,
5
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
6
7 handicap, ethnic background or country of origin.
8 7. INDEPENDENT CONTRACTOR.
9 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
10 purposes VENDOR shall be an independent contractor and not an agent or employee of the
11 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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15 employees, and all business license, if any are required, in connection with the services to be
16 performed hereunder. ~
17 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
18 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
19 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
20
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
21
22 to practice its business or profession.
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1 9. NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
4
TO THE CITY: Public Services Director
5 300 North "D" Street
San Bernardino, CA 92418
6 Telephone: (909) 384-5140
7 TO THE VENDOR: "Y" Tire sales Inc.
g 1941 Marianna Ave.
Los Angeles, CA 90032
9 Telephone: (323) 223-1391
10 10. ATTORNEYS' FEES
11 In the event that litigation is brought by any party in connection with this Agreement,
12
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
13
14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
18 fees" for the purposes of this paragraph.
19
11. ASSIGNMENT.
20
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
21
22 encumber all or any part of the VENDOR'S interest in this Agreement without CITY'S prior
23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24 and shall constitute a breach of this Agreement and cause for the termination of this
25 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR
26 of VENDOR'S obligation to perform all other obligations to be performed by VENDOR
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hereunder for the term of this Agreement.
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. 1 12. VENUE.
2 The parties hereto agree that all actions or proceedings arising in connection with this
3 Agreement shall be tried and litigated either in the State courts located in the County of San
4
Bernardino, State of California or the U.S. District Court for the Central District of California,
5
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
6
7 mandatory and not permissive in nature.
g 13. GOVERNING LAW.
9 This Agreement shall be governed by the laws of the State of California.
10 14. SUCCESSORS AND ASSIGNS.
11 This Agreement shall be binding on and inure to the benefit of the parties to this
12
Agreement and their respective heirs, representatives, successors, and assigns.
13
14 15. HEADINGS.
15 The subject headings of the sections of this Agreement are included for the purposes of
16 convenience only and shall not affect the construction or the interpretation of any of its
17 provisions.
18 16. ENTIRE AGREEMENT; MODIFICATION. ~I
19
This Agreement constitutes the entire agreement and the understanding between the
20
parties, and supercedes any prior agreements and understandings relating to the subject manner
21
22 of this Agreement. This Agreement may be modified or amended only by a written instrument
23 executed by all parties to this Agreement.
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1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
2 and date set forth below.
3 Dated: , 2007 VENDOR.
4 By:
5 Its:
6
7 Dated , 2007 CITY OF SAN BERNARDINO
8 By:
Patrick J. Moms, Mayor
9
10 Approved as to Form:
11
12 • G~~
By:
13 J . Penman, City Attorney
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CVTY OF SAN BERNARDINO
BID SPECIFICATION NO.
F-04-018
7ro1ros-sr3oro7
Y TIRE SALES INC.
PARTS PRODUCT CODE SIZE DESCRIPTION CURREN FORMER COMMENTS
AUTO PRICE PRICE
21-034 187 055 016 P185l1OR14 GDYR REGATTA 2 $47.86 526.50
21-035 187 645 026 P195JT5R14 GDYR REGATTA 2 $49.55 $31.07
21-032 187 211 026 P205l1OR14 GDYR REGATTA 2 $51.87 $31.55
21-036 187 359 026 P215/70R14 GDYR REGATTA 2 $53.79 $35.29
21-033 187 406 016 P205/65R15 GDYR REGATTA 2 $55.41 $31.61
21.029 187 705 026 P205/75R15 GDYR REGATTA 2 $54.84 $36.54
21-044 167 431 026 P215J70R15 GDYR REGATTA 2 $56.09 $36.40
21-048 732 478 500 P225/70R15 GDYR EAGLE RSA $67.25 $51.75
21-046 732 807 500 P235!/OR15 GDYR EAGLE RSA $69.30 $52.13
21-049 732 354 500 P225/60R16 GDYR EAGLE RSA $70.36 $54.22
732 002 500 P235/55R17 GDYR EAGLE RSA $95.86 NONE
UGHTTRUCK
21-055 744 826 802 LT235l15R15 GDYR S2 WRL HT $81.96 $63.65
749 821 060 LT215/85R16 GDYR E WRL R/TS $104.22 $89.81
749 725 434 LT235/BSR16 GDYR E WRL RlTS $97.33 $95.16
1-081 749 353 434 LT245l/5R16 GDYR E WRL RITS $ f O .S $77.16
MEDIUM RADIAL
', 138 311 186 9822.5 GDYR G G149 $192.13 $137.43 REPL. G159
138179125 11822.5 GDYR G G149 $272.10 $185.80
756 983 556 315/80822.5 GDYR G G286 HSS $313.54 $255.52
756 141 663 315/80822.5 GDYR L G287 HSS 5415.72 NONE
SPECUILTY -
21-010 303 360 5398 13X6.50-0 NANKANG TURF 4 PLY $8.27
21-016 303429 580-5 18X8.50-8 NANKANG TURF 4 PLY $17.10
21-017 303 438147-5 20X8.00-10 NANKANG TURF 4 PLY $30.14
21-021 303445 294-5 23X10.50- 2 NANKANG TURF 4 PlY 536.89
21-020 310 498 579 31X13.50-15 GDYR B STRAC-AC $118.21
21-030 141 678 320-2 8X14.5 NANKANG $55.84
RETREADS
21-119 256 760 188 315/80822.5 REFUSE RIB 24/32 $131.53 SAME
21-116 254 096 072 315/80822.5 GDYR G177 LUG 32/32 . $161.95 SAME
ETREAD PRICES INCLUDE ALL REPAIRS