Loading...
HomeMy WebLinkAbout38-Public Services ,. , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: June 9, 2009 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of an Annual Purchase Order in the amount of $345,000 with three (3) one-year extensions at the City's option with "Y" Tire Sales for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Public Services Department, Fleet Division. From: Ken Fischer, Director Dept: Public Services Meeting Date: July 6, 2009 Synopsis of Previous Council Action: On October 6, 2008 - Resolution 2008-392 - the Mayor and Common Council of the City of San Bernardino authorized the execution of a new Agreement and issuance of an Annual Purchase Order in the amount of $306,000 for FY 08-09 between the City of San Bernardino and "Y" Tire Sales for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division. Recommended Motion: Adopt Resolution. Contact Person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Attachment "1." Ward: All FUNDING REQUIREMENTS: Source: $345,000 FY 09-10 635-341-5111 Material & Supplies Amount: Council Notes: Finance: ~.5d 200? -/9y Agenda Item No. oS 7-C,-oq CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of an Annual Purchase Order in the amount of $345,000 with three (3) one-year extensions at the City's option with "Y" Tire Sales for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Public Services Department, Fleet Division. Background: The City purchases a variety of tires for use on Integrated Waste equipment, light vehicles, certified pursuit tires for police vehicles, and off road equipment. Heavy-duty truck tires may be recapped up to eight times before the tire carcass is worn out. Recapping involves replacing the tread face of the tire. The use of recapped tires provides cost savings of approximately $283.26 per tire over the use of new tires. On August 7, 2008, staff went out to bid for RFQ F-09-01 (See Attachment "1"). On October 6, 2008, the Mayor and Common Council authorized the execution of an Agreement and issuance of an Annual Purchase Order in the amount of $306,000 for FY 08-09 to "Y" Tire Sales for new and recapped tires, tubes and related repair services per Resolution 2008-392. During agenda briefing, staff was asked to solicit local vendors for these services and find out if we could separate the work into two contracts, one for recapped tires and the other for new tires for FY 09-10. Staff has reviewed this request and believes that two separate contracts will create inefficiencies and would not be cost effective. Fleet used to have multiple vendors for tires, none that were local, and it was very difficult keeping up with their production, supply and pricing. Staff consolidated to one vendor for all tires for cost savings. Currently, there are no local vendors able to supply the tires at net state pricing. Net state pricing is only available to wholesale dealers that sell to government agencies and "Y" Tires Sales is a wholesale dealer. No retail dealers are able to get close to the current net state price, which is why no local companies responded to our earlier bid request. For example, the City would be paying approximately $183 more per tire for PD tire type P235/55R17. The annual usage for this tire type and size is approximately 590, which would cost the City approximately $108,000 more per year for this one tire size. Each year, tire factory production shuts down approximately twice for re-tooling and cleaning of the molds. When this takes place, tire availability is restricted. Due to the limited storage at the City Yards, staff uses a vendor that has a large enough warehouse to keep approximately 250 tires in stock every month for up to three months so we will always have tires available. No local retailer has the capacity to store this number of tires for the City. The Public Services Fleet Division has built an excellent tire management program. This is the result of trial and error with multiple vendors, different types of tires, different types of recaps, over an extended period of time. Prior to establishing our tire management program, acquiring proper tire amounts and sizes were a problem for the Fleet Division. 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report - Continued Since "Y" Tire Sales submitted the lowest qualified bid less than a year ago, staff recommends that Council authorize the execution of an Agreement and issue an Annual Purchase Order in the amount of $345,000 for FY 09-10 to "Y" Tire Sales for new and recapped tires, tubes and related repair services. Financial Impact: Funds are available and have been budgeted in the FY 09-10 Budget, Account No. 635- 341-5111 (Materials & Supplies) in the amount of $345,000. Recommendation: Adopt Resolution. 2 RESOLUTION NO. 1(<:::.::) ~/(~\ r~?) '0~"1l II, I) u~' I ,~~ J 7 and recapped tires, tubes and related repair services per RFQ F-09-01. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 9 OF SAN BERNARDINO AS FOLLOWS: 10 11 12 SECTION 1. The City Manager of the City of San Bernardino is hereby 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 SECTION 3. The Purchase Order shall reference this Resolution No. and shall 20 read, ''''V'' Tire Sales for new and recapped tires, tubes, and related repair services, 21 22 23 24 $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 III 28 III 7~ b -0'1 -JJ 'S 8 22 23 24 25 26 Approved as to Form: 27 28 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" 3 TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE 4 PUBLIC SERVICES DEPARTMENT, 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 rneeting thereof, held on the 8 day of , 2009, by the following vote, to wit: 9 10 11 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 12 BAXTER 13 BRINKER 14 SHORETT 15 16 17 KELLEY JOHNSON 18 19 20 21 MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution IS ,2009. hereby approved this day of Patrick J. Morris, Mayor City of San Bernardino ames F. Penman ity Attorney 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 ofthe 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 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 "I" and by this reference made a part hereof. made a part hereto, an amount not to 2 3 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 of this 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" 1 30,2011. Option year two, if exercised, shall be effective July I, 2011 through June 30, 2012. 2 Option year three, if exercised, shall be effective July I, 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 ofthe 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 anyway connected with the accomplishment ofthe 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 Exhibit "A" 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 of the work or performance of services under this Agreement. 7 6. INSURANCE. 8 While not r~stricting 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 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 of this 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 oftheirrace, 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: Exhibit "A" 1 TO THE City: Public Services Directorr 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 2 3 TO THE Vendor: "Y" Tire Sales 1941 N. Marianna Ave. Los Angeles, CA 90032 Telephone: (323) 223-1391 Contact: Jack Shoemaker 4 5 6 10. ATTORNEYS' FEES 7 8 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 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 9 10 11 12 costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this 13 14 paragraph. 11. ASSIGNMENT. 15 Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all 16 or any part of the Vendor's interest in this Agreement without City's prior written consent. Any 17 18 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, 19 no subletting or assignment shall release Vendor of Vendor's obligation to perform all other 20 obligations to be performed by Vendor hereunder for the term of this Agreement. 21 12. VENUE. 22 The parties hereto agree that all actions or proceedings arising in connection with this 23 24 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 and not permissive in nature. 25 26 27 13. GOVERNING LAW. 28 This Agreement shall be governed by the laws of the State of California. Exhibit "A" 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 shall 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 18 date set forth below. 19 Dated: ,2009 20 CITY OF SAN BERNARDINO 21 22 By: Charles E. McNeely 23 City Manager 24 25 Approved as to Form: James F. Penman, City Attorney 26 27 By: 28 Dated: ,2009 "Y" TIRE SALES By: Exhibit "A" 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 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 "I" 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 of this 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 1 30, 2011. Option year two, if exercised, shall be effective July I, 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 ofthe 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 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 liabilityinsurance, 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 of this 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 oftheirrace, 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: 1 TO THE City: Public Services Directorr 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 2 3 TO THE Vendor: "Y" Tire Sales 1941 N. Marianna Ave. Los Angeles, CA 90032 Telephone: (323) 223-1391 Contact: Jack Shoemaker 4 5 6 10. ATTORNEYS' FEES 7 8 In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shaH be entitled to recover from the opposing party aH costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or 9 10 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 11 12 costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shaH be considered as "attorneys' fees" for the purposes of this 13 14 paragraph. 11. ASSIGNMENT. 15 16 Vendor shaH not voluntarily or by operation of law assign, transfer, sublet or encumber aH or any part of the Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shaH be void and shaH 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 aH 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 shaH 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 and not permissive in nature. 24 25 26 27 13. GOVERNING LAW. 28 This Agreement shall be governed by the laws of the State of California. 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 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. 17 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 18 date set forth below. 19 Dated: ,2009 Dated: ,2009 20 CITY OF SAN BERNARDINO "Y" TIRE SALES 21 22 By: 23 Charles E. McNeely City Manager By: 24 25 Approved as to Form: James F. Penman, City Attorney By: L 1-. p~ o . 26 27 28 . , :~, ~ < ~):t:i itl~ I"',. ". I "..~'.:. , ~:i:~ ~ t\); ,;,;. ci Cto. CO 'N . {," ..' ,,' ".',. '::.. <. ,,~,;~~$~f4 I I :,<".. !#..'~"::";'." : ~ . Ob!3l. ~.:(O) t-.)~ ...Jo. ." ,0 -l 'T1 ,imm r m~m b.==-m . . '.00 -l .. ;~:Q '-fe, :;! :::j ;iL< z:U. tti,,; I'll . u, in.;'. .~ '.' "'.. :. j~\ ~)~ ~.'. ;r" .(1) .., ,. '. N': ->- , o. 0:1" .<iI'.. . ..,..... I\) 'II) 1\). N:'!V "" ~:"4 .....~. ""t ~f: ~l ~.'" ~'; ~.:: '~':;'~ u " ~r.&:' ~l):~ ~,~~.: r": ;-:1 0';0 qlt3 'N M'~:~ ~ ~."...:.a;. .1 I",' :",. o 0.-0 !(]1 ........;;!:> '0 (0'..00 I\) b<)' ~ ~. 6 ..... ~\~t.. .. i"" ..,"" <. ;, 'i, :,'::;, :<,: ::.' '.:.' . : ,;,,". ,,' . .- ',.. .... .. . 1"', ,';' . . :. ,,:' .. , . -. ~ '" '. I :'" "'" <fl "'" .<>> $' (It $',(It e>,' fI': $'.<fi <fl.' <fl fl>" <fl' '<fl <fl'. '~ i.' .; ..' ....;lJ .;,g ,..0 ,:" '.:. '\:,"< OO,.Z; .' '1'1 ':..:.:....: ..: . ..Ii "" .'\. ; :'.' ,,'m ~)';~ :,g ,>..: ,.,.' ';;0 <'1"",,..,. .~ ~;i~;f,,F~ ~{~ ~,~~ 181:1:~ ~: ~,:~-, f8: ~.: tii;~ ,: :~~~LJ~ '<:;)'01 ,<!:l"''''' ~; 'en ;(fl, <D ;;me, en I>:> M.' 'G) G)''''' -.4i. 0,' .,;.'.m ;.,' , ,q~: :_W ~~~,l~ ~t' -3. ;qp.- ~ ~~;:~ -:&; ~ -.:.til:~ m~~ 0) .::<~ o. :.. ;~:.~': ,~ : "~"; ~'~;~~, ~~!;, ~~, ~I~;~ :-,~, 4ij ~ ,"~ ~,"! ~ ~'%i ..... .. ....... : ..;11'" ,'. ~.. ':c) 4",.m & < 'go '..., '),l: ~,:~ ai~ ~i ~l~~~,ihj~~~ if; ~i f'l~' I ........ .',.:,"0) 1;').',;'0>, !R?';-- ,~;j ->- :Ql:i...." !?'.,' -,,! """ ~i CO) ;<p~"', --or< 0'" . ),,' ""'- 't., I ".i . ",' . ':';'!";~;' ~1~'~~;, ~: ': (~,;': ',J': .~ ',..... y: F.': !' i+'I,+'1' ',~ ;.. ....:- ,_, ," .,. ~ '.'.. .,....... ....', " m t '.., ....'\ ;"" I.; I; 11'):;:' ;", "t., ; ",'i; ..,........' ~ ' ~ . '" ...... ."j ,.'" "'( ..' ,'7..- i',.,;, :,.,., .'. '\,"'., ',., 'H...', . .... (\.',1: 'X... .~,., ....~;\' t,"!,"" ,+ t"i ''(', , ..... .........;,:;,',): "~:..I:'q ......,;f:r~), "(,. , :;:i, ,'i,:. ," .,," ..,;' "iL.:'" ,i;r, "J ,"'iI ' '.' ;".,. 0 . .. '.;'.;"" ., ""1]"" ;'",1,," "S;)':" ,<i:~ . :'", '.. ", ."1..' ~:: ':::'. '~..: "': :,,' :'qjt" "\;~~ >' In,:!'." .. .'r,-: 1," '~.; ... " :,.:" i"; ..' '. ""'" I"'.,'" ':k .'.... ,." , 'I .' ..'" ...',' I''',::' t.), . ",': ....'-r '.::i,'h;.i:" f~;1 :. I . " 1-- .,~AI,;+ 1:- ; ,,. V:'~':" .':., "';:.'; . :.., . . ."'.:' .,,;": ':"., ',.... : .' ';C'. .... .,:... ..:al ....... .. .' " ':~'~ .... '.t r '.,;~ 'Ic~; Fi 1'f'iJ~7f: ;~ :". '< .. '; 'r:'i\ ..\ ".~ L ".; ,:;~;' C'y' "'., . ,"'....'~;o; :'" '. ",.1" I..... "., "~> ."'; .',:' ",.: "'." ....... b: .. .'1 " ,':.: ...1', )" I,; ..... . '." . ,.:,' ....;'.:.'. :'",' ....''';', "':-". . ..... .' . .' '. " . . .,' .' i,. .... .... .:.~ " ....,:..',;j. ',., '. , . ATTACHMENT "1" .:..-..... _.......~~-_.._..._-~ ~_............_.----- o "0 '" :> <D' , ..,a. ;! ill :> .:> o r:: :> n '" ,0- 0" ~K '0.. co '. 0" o ": 1~ ;;:: ,0 ~ ~ o ::: .., .. .. ..f" .. ., '. "':': i."l~ .~ ~ ~1~CI> (I)(I~ ~; i ~ en lI'!, I~ .~_ ::cn-i>. '.v' r-;',.. . 0 O' ~> ,^ ',\:li;;;>: (I)' w". ~"': :;:l'.':~.:. n . '(ij\'~O .CD 'G,~ ~. .'< 0"~ :'~c.i' ~:~ (I). Q" .;,.. rY\ ~', '. .' ,v~ X"".' - '2: ". ~~ .'. ". ,Ill'" '.. .::!:> I'~'" - .. '. ~f'" ~:~. . ~A '.,,.. " . """-.J; . <~~ "j" ..' $1- J '(:).,::." 'i1l' <!~ l en '< "';:::. "',"Ill ,:, " ".',r- ;,.,a ."'i1ll ..:);G; <<ll' ....:)'" . ''':> :iW' :N .~ ~; ....,': .\.:l;j \; , .. ,'., '1: '.. ," ' : .~ I .~." ~;~;,,~,n.<&l~(fiYi~:6'>~:#>~f,<j'~ '. f '~'~.'o ,. .. t:l :.. ... .. 'I\' !!l ;0 .)> i>;: ~i'\\~~, ,~f{4~~;, z~~"6>' ~~r~ . ',\:>~':'~;e 1\)""';,(.1,1\)....,,.,,>;"'.........;,""'.... ' ~~en'f' .~ ,,~:;t. -"'.m'P,:O ~.r,J;j:"""O'>.i.~i:C.'.,..$ 0 m.:!i' .. ~,i ",2 hJ.~i tI .'~ ~ ~:t~~.;~ .~. .~,'. .:, m ~ i ~> ~_~~.~OQ.~w~ . ~.~ 4~~mW#~~~.~1 ~ ):.!,~. ." .. '" 0 ". ..., ...en;:ji~'t . .'j '. .; . . ,,:p ;n' ". .. :z itt~, ;1..~....:.~.Kl..........M.~I......;~'~..r...l'~L..I...;~~..,.'.B.).~,j.;...~..~...~.,..,~. .~m ~~.... "" ....."'" . ,Ei...:,.....:.~ ,.~_,:.,!:.... ' R5 #l.~ .ol~H\~;rgs 2: ~! 1$ Zh~., ,,(J)~, , . !.": ,.,'.,", -"." ,"., .. .. . ;'i ,..;" , ,r ".': ;". ",:.:-.' ~ . :: " ., ,......., ..... ~i~ .... ~.~,. 'llQ I.. ,.... U" .'s.... . .. - " (;>. tCo:'; .0'" <j; (', '0' ~ ~g 10' "P' .i,l :g' 1'~" .~ ... ;'tI', ;;" :'Cf'i, " <';;o,i .. m k Z i~ 0 ",.; a .~, ;Ji 'en '9 w S::' N.: C<l,' ".'\..;' c ~ ~~, ~.~. ,2:';: ~~: .. , '.-- ",} : ~ . -,'~ .. '. '," ..' .; :t.:, ,I,." ~. . ;;:'~ '1 ", " '., . '~ :';! .~,. :,j : 0 fi':.GO':..1 Q5 ~ .~:iA ~ ~ :0"<0 - " .' -'.' j I li,,; I~g, g~ ',;>om " ~-I lC-q~ e:! .'-1 ~g ~, ;0 E'< I' ~::. .' r. '. ,'.'" .,: 0: O' , . "" ., ~, ., . .~, ., "., III .1>0;,1; I..... I......I-....'~.l\:) ,_ I"'.~ l'\..I f'o.,).,'-'....... ~::;;...J" ~ ....J,. ~. ~ -'- ~ ~ ~ ~:~. : '1 I I 1 ,I '. " I .1.,.1 I _I'~: -"- :~: '"""'.' ~....:a. '~.' ~ .,..'I. ,0: ,,0 -0 o:iiD: CJ) ~ 't-J_ ~ tv ~:.~ ~ ,0>.. 'cJ): (D ()): ...,' o cP; 'Q), ,0> 01 CD ""-I, CJ) CD "'l: ->-0' ;,..j' a. -l ;0 m' rn , ',.' :::0 ,,"' D: "1" , o . ..<0 ':.:r. :.0 .... :: q ':, I,; ; 'i. ;. ';~.,:' .,". :-l '<'1" i:: .. .,,'h " ; ;. , ::' < '. '. . ,"'. , . I . .'. .. :0> f .' [, .. I .. , e., i I I I I !