HomeMy WebLinkAbout2010-067
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RESOLUTION NO. 2010-67
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE clTV OF
SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000
WITH "Y" TIRES OF LOS ANGELES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City amendment number one to the Vendor
Service Agreement between the City of San Bernardino and "V" Tires of Los Angeles,
a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by
this reference as fully set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or
hislher designee is hereby authorized to increase the annual Purchase Order to "V"
Tires of Los Angeles by $30,000 for a total not to exceed $375,000.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, ''''Y'' Tires of Los Angeles for new and recapped tires, tubes, and related
repair services, not to exceed $375,000" and shall incorporate the terms and
conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Amendment is
rescinded if it is not executed within sixty (60) days of the passage of this Resolution.
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. 2010-67
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000
WITH "Y" TIRES OF LOS ANGELES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 5th
day of April
, 2010, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
DESJARDINS x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
Q~ IJ. ~
'-
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this d-n-
April ,2010.
day of
~~~or
City of San Bernardino
vd
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2010-67
AMENDMENT NO.1 TO VENDOR SERVICES AGREEMENT
"V" TIRES OF LOS ANGELES
This Amendment No. I ("Amendment I") is entered into this 5th day of
April 2010, by and between "Y" Tires of Los Angeles ("VENDOR") and the
City of San Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On July 6, 2009, "Y" Tires of Los Angeles and the City of San Bernardino
entered into a Vendor Services Agrecment ("Agreement") for the purchase of new
and recapped tires, tubes and related repair services for a not-to-exceed amount of
$345,000, a copy of which is attached hereto as "Attachment I" and incorporated
by this reference.
B. The CITY and VENDOR now desire to amend the Agreement to increase the
amount of the Agreemcnt by $30,000 for a total not-to-exceed purchase price of
$375,000 for new and recapped tires, tubes and related repair services.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services
Agreement. the parties agree as follows:
I. Paragraph I and 2 of the Agreement dated July 6, 2009, attached here to as
Attachment 1, is amended to incorporate the terms and conditions of this
Amendment.
2. The total Agreement pricc shall be increascd by $30,000, for a not-to-exceed
amount of$375,000.
3. Pricing may increase during the tenn of this Agreement if the "Net State Price
Schedule"' is adjusted in the future.
4. The other provisions of the written contract are reaffirmed as originally stated.
EXHIBIT "A"
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2010-67
AMENDMENT NO. I TO VENDOR SERVICES AGREEMENT
"Y" TIRES OF LOS ANGELES
IN WITNESS THEREOF. the parties hereto have executed the Agreement on the day
and date first above written.
Dated: t.! /7 q /, 0
,2010
Dated:
Llf-(~o
ATTEST:
Q~ tJ. ~
"-
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
BY~ ~,")\'-O/\,li2~cu/~
\
"Y" TIRES OF LOS ANGELES
BY~L \flI-~
2
EXHIBIT "A"
2009-194
Attachment "1"
I'tC\...l:IVl:U
(2010-67)
1
JUL 2 1 2009 .
FLEET DIVISION
This Purchase Agreement is entered into this 6th day of July, 2009,
by and between "Y" Tire Sales ("Vendor") and the City of San Bernardino ("City" or "San
PURCHASE AGREEMENT
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Bernardino").
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has detennined that it is advantageous and
in the best interest of the City to contract for new and recapped tires, tubes and related repair services
for City vehicles and equipment; and,
WHEREAS, The City of San Bernardino did solicit and accept bids from available vendors
for new and recapped tires, tubes and related repair services for City vehicles and equipment; and,
WHEREAS, Vendor is the lowest responsive bidder to provide said goods and services to
City; and
WHEREAS, this new Agreement supersedes all previous Agreements with the Vendor;
NOW, THEREFORE, the parties hereto agree as follows:
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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 and/or 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.
The tenn of this Agreement shall be from July 6,2009, through June 30,2010, with three (3)
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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
2009-194
2010-67
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 dcfects 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.
2010-67
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 orrepresentatives 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 of the work or performance of services under this Agreement.
7 6.
INSURANCE.
8 While not restricting or limiting the foregoing, during the term of this 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 ofInsurance furnished to the City shall require the
14 insurer to notify City of any change or termination in the policy.
15 7.
NON-DISCRIMINA nON.
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
2010-67
1 TO THE City:
Public Services Directorr
300 North "D" Street
San Bernardino, cA 92418
Telephone: (909) 384-5140
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TO THE Vendor:
"Y" Tire Sales
1941 N. Marianna Ave.
Los Angeles, cA 90032
Telephone: (323) 223-1391
Contact: Jack Shoemaker
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10. ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses, including
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reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The
costs, salary and expenses of lhe City Attorney and members of his office in enforcing this
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Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this
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paragraph.
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11. ASSIGNMENT.
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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
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attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach
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of this Agreement and cause for the tennination of this Agreement. Regardless of City's consent,
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no subletting or assignment shall release Vendor of Vendor's obligation to perform all other
obligations to be perfonned by Vendor hereunder for the tenn of this Agreement.
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12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this
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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,
Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory
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and not pennissive in nature.
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13. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State ofcalifomia.
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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 of this Agreement is determined by a court of competent jurisdiction to be
9 invalid or unenforceable for any reason, such determination shaH not affect the validity or
10 enforceability ofthe remaining terms and provisions hereof or ofthe 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.
17 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
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date set 7;elow,
Dated: , 2009
CITY OF AN BERNARDINO
"Y" TIRE SALES
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Dated: 7 h" ;;,~ , 2009
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By:9d~,-J4 -*" 4-
22 By:
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Approved as to Form:
James F. Penman, City Attorney
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BY#- 1. p~
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Attachment "2"
CITY OF SAN BERNARDINO
BID SPECIFICATION NO.
F-09-01
07/01/09 - 6/30/10
2010-67
Y TIRE SALES INC.
EFFECTIVE EFFECTIVE
3/1/09-2/28/10 3/1/10-2128/11
PART # PRODUCT CODE SIZE DESCRIPTION FORMER CURRENT COMMENTS
AUTO PRICE PRICE
21-029 402 705 436 P205/75R 15 GOODYEAR INTERGITY $47.78 $53.68
21-030 780 064 404 P195/65R14 GOODYEAR ULTRA GRIP $61.46 $61.46
21-031 402 827 047 P195/70R14 GOODYEAR INTERGITY $43.54 $48.92
21-033 402406477 P205/65R 15 GOODYEAR INTERGITY $52.66 $58.67
21-034 402102477 P185/70R14 GOODYEAR INTERGITY $37.57 $42.26
21-035 402 645 436 P195/75R14 GOODYEAR INTERGITY $40.92 $46.01
21-036 187 359 026 P215/70R14 GOODYEAR REGATTA 2 $52.93 $52.93
21-038 766 387 405 P155/80R13 GOODYEAR ULTRA GRIP $41.18 $41.18
21-039 402 268 047 P175/70R14 GOODYEAR INTERGITY $38.49 $43.28
21-044 402 431 436 P215/70R15 GOODYEAR INTERGITY $50.11 $56.31 DISCONTINUED
21-046 732 807 500 P235/70R15 GOODYEAR EAGLE RSA $75.60 $76.76
21-048 732 478 500 P225/70R 15 GOODYEAR EAGLE RSA $73.36 $74.74
21-049 732 354 500 P225/60R 16 GOODYEAR EAGLE RSA $71.06 $75.25
21-050 732 002 500 P235/55R 17 GOODYEAR EAGLE RSA $92.99 $92.99
21-060 738276571 P215/60R16 GOODYEAR ASSURANCE $69.63 $69.63
LIGHT TRUCK
21--055 744826802 L T235/75R 15 GOODYEAR WRANG RSA $85.36 N/A DISCONTINUED
748511 189 L T235/75R 15 GOODYEAR SL T ARMR $88.60 $95.24
21-061 749 353 434 L T245/75R 16 GOODYEAR WRL RTS $102.56 N/A DISCONTINUED
748747189 LT245/75R 16 GOODYEAR SL T ARMR $117.12 $124.23
21-067 744 725 502 L T235/85R 16 GOODYEAR WRL HTS $107.71 N/A DISCONTINUED
748745188 L T235/85R16 GOODYEAR SL T ARMR $106.39 $117.74
21-068 411037177 L T215/85R16 GOODYEAR WRL A TS $117.52 N/A DISCONTINUED
748517 188 L T215/85R16 GOODYEAR SL T ARMR $109.38 $118.16
21-064 748518 189 L T265/70R 17 GOODYEAR SL T ARMR $140.59 $140.59 NEW TIRE SIZE
21-065 748636 189 L T245/75R 17 GOODYEAR SL T ARMR $136.37 $145.00
MEDIUM RADIAL
21-128 138179919 11R22.5 GOODYEAR G149 $247.45 N/A DISCONTINUED
138 179337 11R22.5 GOODYEAR G661 $361.54 NEW TIRE TYPE
21-129 756246 567 215/70R17.5 GOODYEAR G 114 $176.98 $185.90
21-130 139418053 225/70R 19.5 GOODYEAR G647 $231.32 $242.89
SPECIALTY
21-020 3104985795 31X13.5X15 CARLISLE TURF (FRONT $198.75 $342.36
21-021 303 455 294 5 23X10.50X12 NANCO 4 PLY TURF $52.45 $75.75
RETREADS
21-119 256 760 188 315/80R22.5 REFUSE RIB 24132 $145.26 $152.90
21-116 254 096 072 315/80R22.5 GDYR G177 LUG 32/32 $178.94 $187.62
RETREAD PRICES INCLUDE ALL REPAIRS
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