HomeMy WebLinkAbout2009-194
RESOLUTION NO.2009-194
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $345,000
3 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION WITH "Y"
4 TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR
SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE
5 PUBLIC SERVICES DEPARTMENT, FLEET DIVISION.
6 WHEREAS, "Y" Tire Sales submitted the lowest bid for the purchase of new
7 and recapped tires, tubes and related repair services per RFQ F-09-01.
8
9
10
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
11
SECTION 1. The City Manager of the City of San Bernardino is hereby
12 authorized to execute on behalf of said City an Agreement between the City of San
13 Bernardino and "Y" Tire Sales, a copy of which is attached hereto, marked as Exhibit
14 "A", and incorporated herein by this reference as fully set forth at length.
15
16
17
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue an Annual Purchase Order to "Y" Tire Sales for
a total amount not to exceed $345,000.
18
19
20
21
22
23
24
SECTION 3. The Purchase Order shall reference this Resolution No. and shall
read, ""Y" Tire Sales for new and recapped tires, tubes, and related repair services,
$345,000 for FY 09-10" and shall incorporate the terms and conditions of the
agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
25
26 days of the passage of this resolution.
27 //I
28 III
2009-194
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $345,000
2 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION WITH "Y"
TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR
3 SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE
4 PUBLIC SERVICES DEPARTMENT, FLEET DIVISION.
5 I HERE;BY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a ioint regular
7
8
meeting thereof, held on the
day of
.Jtlly
, 2009, by the
6th
following vote, to wit:
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 Approved as to Form:
27
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
x
BRINKER
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
The foregoing resolution
Julv ,2009.
C(~h.~
Rachel G. Clark, City Clerk
-r.t
is hereby approved this '1 day of
28
2009-194
1 PURCHASE AGREEMENT
2 This Purchase Agreement is entered into this 6th day of July, 2009,
3 by and between "Y" Tire Sales ("Vendor") and the City of San Bernardino ("City" or "San
4 Bernardino").
5 WITNESSETH:
6 WHEREAS, the Mayor and Common Council has determined that it is advantageous and
7 in the best interest of the City to contract for new and recapped tires, tubes and related repair services
8 for City vehicles and equipment; and,
9 WHEREAS, The City of San Bernardino did solicit and accept bids from available vendors
10 for new and recapped tires, tubes and related repair services for City vehicles and equipment; and,
11 WHEREAS, Vendor is the lowest responsive bidder to provide said goods and services to
12 City; and
13 WHEREAS, this new Agreement supersedes all previous Agreements with the Vendor;
14 NOW, THEREFORE, the parties hereto agree as follows:
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated, San Bernardino hereby engages Vendor to provide those
17 products and services as set forth in Bid Specifications No. RFQ F-09-01, for new and recapped
18 tires, tubes and related repair services for City vehicles and equipment.
19 2.
COMPENSATION AND EXPENSES.
20 A. For the products andlor services delineated above, the City, upon presentation of an
21 invoice, shall pay the Vendor pursuant to the bid summary sheet for vendor, attached hereto as
22 Attachment "1" and by this reference made a part hereof. made a part hereto, an amount not to
23 exceed $345,000 for FY 09-10.
24 B. No other expenditures made by Vendor shall be reimbursed by City.
25 3. TERM; TERMINATION.
26 The term ofthis Agreement shall be from July 6,2009, through June 30, 2010, with three (3)
27 one-year extensions at the City's option on the same terms as to scope of service, price and as
28 otherwise set forth herein. Option year one, if exercised, shall be effective July 1,2010 through June
EXHIBIT "A"
2009-194
1 30,2011. Option year two, if exercised, shall be effective July 1, 2011 through June 30, 2012.
2 Option year three, if exercised, shall be effective July 1, 2012 through June 30, 2013.
3 This Agreement may be terminated at any time by thirty (30) days' prior written notice by
4 either party. The terms of this Agreement shall remain in force unless amended by written
5 agreement of the parties executed on or before the date of expiration of the current term of the
6 Agreement.
7 4. WARRANTY
8 Vendor expressly warrants that all products and services supplied to City by Vendor
9 under this Agreement shall conform to the specifications, drawings or other description upon
10 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, of
11 good material and workmanship, free from defects and fee and clear of all liens or encumbrances.
12 Inspection, testing, acceptance or use of the goods by the City shall not affect
13 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
14 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
15 services not conforming to the foregoing warranty without expense to the City, when notified of such
16 non-conformity by City. If Vendor fails to correct the defects in or replace non-conforming goods
17 or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect
18 cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be
19 deemed to require more than 60 calendars days notice before commencement of efforts by the City
20 to effect cover or a cure except upon written agreement of the Parties.
21 5.
INDEMNITY.
22 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
23 agents or representatives, free and harmless from all claims, actions, damages and liabilities of any
24 kind and nature arising from bodily injury, including death, or property damage, based or asserted
25 upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors,
26 relating to or in any way connected with the accomplishment of the work or performance of services
27 under this Agreement, unless the bodily injury or property damage was actually caused by the sole
28 negligence of the City, its elected officials, employees, agents or representatives. As part of the
2009-194
1 foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's
2 fees, the City, its elected officials, employees, agents or representatives from any and all legal actions
3 based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any
4 types of express or implied indemnity against the City, its elected officials, employees, agents or
5 representatives, with respect to third party claims against the Vendor relating to or in any way
6 connected with the accomplishment ofthe work or performance of services under this Agreement.
7 6. INSURANCE.
8 While not restricting or limiting the foregoing, during the term ofthis Agreement, Vendor
9 shall maintain in effect policies of comprehensive public, general and automobile liability insurance,
10 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation
11 coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any
12 work under this Agreement. City shall be set forth as an additional named insured in each policy of
13 insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the
14 insurer to notify City of any change or termination in the policy.
15 7. NON-DISCRIMINATION.
16 In the performance ofthis Agreement and in the hiring and recruitment of employees, Vendor
17 shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in
18 employment of persons because of their race, religion, color, national origin, ancestry, age, mental
19 or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any
20 other status protected by law, except as permitted pursuant to Section 12940 of the California
21 Government Code.
22 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
23 Vendor warrants that it shall comply with any and all business registration requirements of
24 the City's Municipal Code, and any other license, permits, qualifications, insurance and approval of
25 whatever nature that are legally required of Vendor to practice its business or profession.
26 9. NOTICES.
27 Any notices to be given pursuant to this Agreement shall be deposited with the United States
28 Postal Service, postage prepaid and addressed as follows:
2009-194
1 TO THE City:
Public Services DirectoIT
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
2
3
TO THE Vendor:
"Y" Tire Sales
1941 N. Mariarma Ave.
Los Angeles, CA 90032
Telephone: (323) 223-1391
Contact: Jack Shoemaker
4
5
6
10. ATTORNEYS' FEES
7
In the event that litigation is brought by any party in connection with this Agreement, the
8
prevailing party shall be entitled to recover from the opposing party all costs and expenses, including
9
reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
10
remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The
11
costs, salary and expenses of the City Attorney and members of his office in enforcing this
12
13
Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
11. ASSIGNMENT.
14
15
16
Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all
or any part of the Vendor's interest in this Agreement without City's prior written consent. Any
attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach
of this Agreement and cause for the termination of this Agreement. Regardless of City's consent,
no subletting or assignment shall release Vendor of Vendor's obligation to perform all other
obligations to be performed by Vendor hereunder for the term of this Agreement.
17
18
19
20
21
12. VENUE.
22
23
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
24
25
Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory
26
and not permissive in nature.
27
13. GOVERNING LAW.
28
This Agreement shall be governed by the laws of the State ofCalifomia.
2009-194
1 14.
SUCCESSORS AND ASSIGNS.
2 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
3 and their respective heirs, representatives, successors, and assigns.
4 15.
HEADINGS.
5 The subject headings of the sections of this Agreement are included for the purposes of
6 convenience only and shall not affect the construction or the interpretation of any of its provisions.
7 16.
SEVERABILITY.
8 If any provision ofthis Agreement is determined by a court of competent jurisdiction to be
9 invalid or unenforceable for any reason, such determination shall not affect the validity or
10 enforceability of the remaining terms and provisions hereof or of the offending provision in any other
11 circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
12 17.
ENTIRE AGREEMENT; MODIFICATION.
13 This Agreement constitutes the entire agreement and the understanding between the parties,
14 and supercedes any other agreements and understandings relating to the subject manner of this
15 Agreement. This Agreement may be modified or amended only by a written instrument executed
16 by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
17
18
19 Dated:
20
21
22
23
24
,2009
BERNARDINO
Dated: fir II lot?
"Y" TIRE SALES
, 2009
By:~4J! ~
25
Approved as to Form:
James F. Penman, City Attorney
26
By: L 1-- f~
o .
27
28
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