HomeMy WebLinkAbout28- Public Services ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Randy Kuettle, Acting Director Subject: A Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing an amendment
to an agreement and increase to an
Date: March 11, 2010 annual purchase order in the amount of
$30,000 with "Y" Tires of Los Angeles.
Meeting Date: April 5, 2010
Synopsis of Previous Council Action
April 16, 2007 Reso 2007-126 Annual PO with increase of $30,000
Oct. 6, 2008 Reso 2008-392 Annual PO with increase of $65,000
July 6, 2009 Reso 2009-194 Annual PO three single year renewals
Recommended Motion:
Adopt Resolution.
atu
Contact person Don Johnson, Fleet Manager one: 5220
Supporting data attached:
Staff report, Resolution, Amendment Ward: All
and Agreement.
FUNDING REQUIREMENTS:
Amount: $30,000
Source: 635-341-5111
Material and Supplies
Finance:
Co�ur1✓Fil Notes: ' rl�so 2o/6—G7
7 R2�<a7,�st�
Agenda Item No. 1Q
4-S-2oto
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A 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.
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 tire 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 July 6, 2009 the Mayor and Common Council approved Resolution 2009-194
authorizing $345,000 for an annual purchase order with an option for three single year
renewals, to "Y" Tires of Los Angeles, which had submitted the lowest price on Bid No. F-
09-01.
The Public Services Department, Fleet Division staff is requesting an increase of $30,000
to the purchase order for the remainder of FY 09/10, for a total amount not to exceed
$375,000. This increase is needed due to several factors: A 28% overall increase to the
"net state pricing schedule" effective March 1, 2010. This is the discounted pricing
schedule that all Government agencies are offered by tire manufacturers for new tires and
does not affect recaps. The recaps increased by 5% due to an increase in raw material
prices and the Police Department has acquired some specialty vehicles through asset
forfeiture that call for tires not on our current bid list. Some tires have been discontinued
and the replacement tire is more expensive. Attached for review is a listing of tires used
by the City Fleet comparing the former and current prices (see attachment 2). Tire usage
for both the Police and Refuse fleets have increased from last year.
Financial Impact:
Funds are available for this increase of $30,000 in Fleet's materials and supplies
expenditure account (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.
Account Number 635-341-5111 Budgeted Amount: $1,116.300 Balance as of March 5,
2010: $105,462 Balance after approval of this item: $75,462
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation
Adopt Resolution.
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COIINCIC&' THE ChfY OF
SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT AND
3 INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000
WITH "Y" TIRES OF LOS ANGELES.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The City Manager of the City of San Bernardino is hereby
7
authorized to execute on behalf of said City amendment number one to the Vendor
8
9 Service Agreement between the City of San Bernardino and "Y" Tires of Los Angeles,
10 a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by
11 this reference as fully set forth at length.
12 SECTION 2. That pursuant to this determination the Director of Finance or
13 his/her designee is hereby authorized to increase the annual Purchase Order to "Y"
14
Tires of Los Angeles by $30,000 for a total not to exceed $375,000.
15
SECTION 3. The Purchase Order shall reference this Resolution Number and
16
17 shall read, ""Y" Tires of Los Angeles for new and recapped tires, tubes, and related
18 repair services, not to exceed $375,000" and shall incorporate the terms and
19 conditions of the agreement.
20 SECTION 4. The authorization to execute the above referenced Amendment is
21 rescinded if it is not executed within sixty (60) days of the passage of this Resolution.
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT AND
2 INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000
WITH "Y" TIRES OF LOS ANGELES.
3
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
6
meeting thereof, held on the day of 2010, by the
7
following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 DESJARDIIV`J
12 BRINKER
13 SHORETT
14
KELLEY
15
JOHNSON
16
17 MCCAMMACK
18
19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of
21 2010.
22
Patrick J. Morris, Mayor
23 City of San Bernardino
24 Ap oved as t0 For
1
25 B �L cz u s t
Jam F. Penman
26 City Attorney
27
28
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 "Y" TIRES OF LOS ANGELES
2 This Amendment No. 1 ("Amendment I") is entered into this 5th day of
3 April 2010, by and between"Y"Tires of Los Angeles ("VENDOR") and the
4 City of San Bernardino ("CITY"or "San Bernardino").
5 RECITALS
6 A. On July 6, 2009, "Y" Tires of Los Angeles and the City of San Bernardino
entered into a Vendor Services Agreement("Agreement") for the purchase of new
7
and recapped tires, tubes and related repair services for a not-to-exceed amount of
8 $345,000, a copy of which is attached hereto as "Attachment 1" and incorporated
9 by this reference.
10 B. The CITY and VENDOR now desire to amend the Agreement to increase the
i1 amount of the Agreement by $30,000 for a total not-to-exceed purchase price of
12 $375,000 for new and recapped tires,tubes and related repair services.
13
AGREEMENT
14 In consideration of the mutual promises contained in the Vendor Services
15 Agreement, the parties agree as follows:
16 1. Paragraph I and 2 of the Agreement dated July 6, 2009, attached here to as
17 Attachment 1, is amended to incorporate the terms and conditions of this
18 Amendment.
19 2. The total Agreement price shall be increased by $30,000, for a not-to-exceed
amount of$375,000.
20
3. Pricing may increase during the term of this Agreement if the "Net State Price
21 Schedule" is adjusted in the future.
22 4. The other provisions of the written contract are reaffirmed as originally stated.
23
24
25
26
27
28 Exhibit"A"
1
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 "Y"TIRES OF LOS ANGELES
2
3
4 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
5
G Dated: 2010 "Y"TIRES OF LOS ANGELES
7
g By:
9
10
11
Dated: , 2010 CITY OF SAN BERNARDINO
12
13
14 By: Charles E. McNeely, City Manager
15
16 ATTEST:
17
18 Rachel Clark, City Clerk
19
20
21 Approved as to form:
22
James F. Penman
23 City Attorney
24
By:
25
26
27
28 Exhibit"A!'
2
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 "Y" TIRES OF LOS ANGELES
2 This Amendment No. I ("Amendment 1") is entered into this 5th day of
3 April 2010,by and between"Y"Tires of Los Angeles ("VENDOR") and the
4 City of San Bernardino ("CITY" or "San Bernardino").
5 RECITALS
6 A. On July 6, 2009, "Y" Tires of Los Angeles and the City of San Bernardino
entered into a Vendor Services Agreement ("Agreement") for the purchase of new
7 and recapped tires, tubes and related repair services for a not-to-exceed amount of
8 $345,000, a copy of which is attached hereto as "Attachment 1" and incorporated
9 by this reference.
10 B. The CITY and VENDOR now desire to amend the Agreement to increase the
11 amount of the Agreement by $30,000 for a total not-to-exceed purchase price of
12 $375,000 for new and recapped tires, tubes and related repair services.
13
AGREEMENT
14 In consideration of the mutual promises contained in the Vendor Services
15 Agreement,the parties agree as follows:
16 1. Paragraph 1 and 2 of the Agreement dated July 6, 2009, attached here to as
17 Attachment 1, is amended to incorporate the terms and conditions of this
18 Amendment.
19 ?. The total Agreement price shall be increased by$30,000, for a not-to-exceed
amount of$375,000.
20 3 Pricing may increase during the term of this Agreement if the "Net State Price
21 Schedule" is adjusted in the future.
22 4. The other provisions of the written contract are reaffirmed as originally stated.
23
24
25
26
27
28
1
AMENDMENT NO. I TO VENDOR SERVICES AGREEMENT
1 "Y" TIRES OF LOS ANGELES
2
3
4 IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day
and date first above written.
5
6 Dated: 2010 "Y" TIRES OF LOS ANGELES
7
8 By:
9
10
11 Dated: 2010 CITY OF SAN BERNARDINO
12
13
14 By: Charles E. McNeely, City Manager
15
16 -ATTEST:
17
18 Rachel Clark, City Clerk
19
20
21 Approved as to form:
22
James F. Penman
23 City Attorney
24
By:' t �L-
25
26
27
28
2
2009-194 1%L�,n V CU
Attachment "1" JUL 21 2009
1 PURCHASE AGREEMENT FLEET DIVISION
2 This Purchase Agreement is entered into this 6' day of July, 2009,
3 by and between "Y" Tire Sales ("Vendor") and the City of San Bernardino ("City" or "San
4 Bernardino").
s 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
lo 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
1 e 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
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
s 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
1s services not conforming to the foregoing warranty without expenseto the City,whennotified ofsuch
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
s 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. -
s 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,
to 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 Managerprior 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 famished to the City shall require the
14 insurer to notify City of any change or termination in the policy.
is 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 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 Directorr
300 North"D" Street
2 San Bernardino, CA 92418
Telephone: (909) 384-5140
3
TO THE Vendor: "Y"Tire Sales
4 1941 N. Marianna Ave.
Los Angeles, CA 90032
5 Telephone: (323) 223-1391
Contact: Jack Shoemaker
6
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
e
prevailingparty 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
Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this
13
paragraph.
14
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
attempted assignment,transfer,subletting or encumbrance shall be void and shall constitute abreach
18
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
Agreement shall be tried and litigated either in the State courts located in the County of San
24
Bernardino, State of California or the U.S. District Court for the Central District of California,
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.
2e
This Agreement shall be governed by the laws of the State of California.
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 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
io enforceability of the 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 supersedes any other agreements and understandings relating to the subject manner of this
is 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 fo below.
19 Dated: 2Y 2009 Dated: 11e l , 2009
20 CITY OF AN BERNARDINO "Y"TIRE SALES
21 I
zz By: By
Charles . cNee
23 City Manager
24
25 Approved as to Form:
James F. Penman, City Attorney
26
27 By: P
28
Attachment 112"
CITY OF SAN BERNARDINO
BID SPECIFICATION NO.
F-09-01
07/01/09-6/30/10
Y TIRE SALES INC.
TIVE EFFE IVE
3/1/09-2128110 3/1110-2128/11
PART# PRODUCTCODE SIZE DESCRIPTION FORMER CURRENT COMMENTS
AUTO PRICE PRICE
21-029 402 705 436 P205175R15 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 P205/65R15 GOODYEAR INTERGITY $52.66 $58.67
21-034 402 102 477 P18517OR14 GOODYEAR INTERGITY $37.57 $42.26
21.035 1402645436 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 P17517OR14 GOODYEAR INTERGITY $38.49 $43.28
21-044 402431436 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 P22517OR15 GOODYEAR EAGLE RSA $73.36 $74.74
21-049 732 354 500 P225/60R16 GOODYEAR EAGLE RSA $71.06 $75.25
21-050 732 002 500 P235/55R17 GOODYEAR EAGLE RSA $92.99 $92.99
21-060 736 276 571 P21516DR16 GOODYEAR ASSURANCE $69.63 $69.63
LIGHT TRUCK
055 744 826 802 LT235/75R15 GOODYEAR WRANG RSA $85.36 N/A DISCONTINUED
748 511 169 LT235175R15 GOODYEAR SLT ARMR $86.60 $95.24
21-061 749353434 LT245/75R76 GOODYEAR WRL RTS $102.56 N/A DISCONTINUED
748 747 189 LT245/75R16 GOODYEAR SLT ARMR $117.12 $124.23
21-067 744 725 502 LT235185R16 GOODYEAR WRL HTS $107.71 N/A DISCONTINUED
748 745 188. LT235/85R16 GOODYEAR SLT ARMR $106.39 $117.74
21-068 411 037 177 LT215/85Ri6 GOODYEAR WRL ATS $117.52 NIA I DISCONTINUED
.748517188 LT215/85R16 GOODYEAR SLT ARMR $109.38 $118.16
21-064 748 518 189 LT26517OR17 GOODYEAR SLT ARMR $140.59 $140.59 NEW TIRESIZE
21-065 748 636 189 LT245175R17 GOODYEAR SLT ARMR $136.37 $145.00
MEDIUM RADIAL
21-128 138179919 11 R22.5 GOODYEAR G149 $247.45 N/A DISCONTINUED
138 179 337 11 R22.5 GOODYEAR G661 $361.54 NEW TIRE TYPE
21-129 756 246 567 215/701117.5 GOODYEAR G114 $176.98 $185.90
21-130 139 418 053 225170R19.5 GOODYEAR G647 $231.32 $242.89
SPECIALTY
21-022 '2 1 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
21-119 256 760 188 315/801122.5 REFUSE RIB 24/32 $145.26 $152.90
21-116 1254096072 315/80R22.5 GDYR G177 LUG 32132 $178.94 $167.62
TREAD PRICES INCLUDE ALL REPAIRS
04/5/2010, Item No. 28
Item History
Backup distributed on 3/15/10, Item No. 17
15. Resolution of the City of San Bernardino authorizing the submittal of a grant
application and authorizing the Police Department to administer the Alcohol
Beverage Control Grant Funds in accordance with the grant expenditure plan.
(See Attached) (No Cost to the City - $100,000 from Alcohol Beverage
Control Grant Funds) All Wards
Approved
MOTION: That said resolution be adopted.
Adopted 2010-46
Public Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an amendment and increase to Purchase Order
Number 302895 by $5,200 to All American Truck & Auto Body in order to
completely repair refuse unit 07176. (See Attached) (Cost to the City - $5,200
from IWM Division/Equipment Maintenance)
Approved
MOTION: That said resolution be adopted. 2
Adopted 2010-47
XXXXXXXXXXXXXXXXXXXXX XXX
17. 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. (See Attached)
(Cost to the City - $30,000 from Fleet Services/Materials and Supplies)
(Resolution not available at time of printing.) All Wards
No Action Taken
MOTION: That said resolution be adopted.
Approved
MOTION: That the matter be continued to April 5, 2010.
XXXXXXXXXXXXXXXXXXXXXXXXXXRILYXXXXXXXXXXXILi7IXXXXXXX
1
7 03/15/2010
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Randy Kuettle, Acting Director Subject: A Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing an amendment
to an agreement and increase to an
Date March 11, 2010 annual purchase order in the amount of
$30,000 with "Y" Tires of Los Angeles.
Meeting Date: March 15, 2010
Synopsis of Previous Council Action
April 16, 2007 Reso 2007-126 Annual PO with increase of $30,000
Oct. 6, 2008 Reso 2008-392 Annual PO with increase of $65,000
July 6, 2009 Reso 2009-194 Annual PO three single year renewals
Recommended Motion:
Adopt Resolution.
Signature
Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff report, Ward: All
Resolution, Amendment, Agreement.
FUNDING REQUIREMENTS:
Amount: $30,000
Source: 635-341-5111
Material and Supplies
Finance:
Council Notes:
Agenda Item No. I
3-t5- �0
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A 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.
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 tire 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 July 6, 2009 the Mayor and Common Council approved Resolution 2009-194
authorizing $345,000 for an annual purchase order with an option for three single year
renewals, to "Y" Tires of Los Angeles, which had submitted the lowest price on Bid No. F-
09-01.
The Public Services Department, Fleet Division staff is requesting an increase of $30,000
to the purchase order for the remainder of FY 09/10, for a total amount not to exceed
$375,000. This increase is needed due to several factors: A 28% overall increase to the
"net state pricing schedule" effective March 1, 2010. This is the discounted pricing
schedule that all Government agencies are offered by tire manufacturers for new tires and
does not affect recaps. The recaps increased by 5% due to an increase in raw material
prices and the Police Department has acquired some specialty vehicles through asset
forfeiture that call for tires not on our current bid list. Some tires have been discontinued
and the replacement tire is more expensive. Attached for review is a listing of tires used
by the City Fleet comparing the former and current prices (see attachment 2). Tire usage
for both the Police and Refuse fleets have increased from last year.
Financial Impact:
Funds are available for this increase of $30,000 in Fleet's materials and supplies
expenditure account (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.
Account Number 635-341-5111 Budgeted Amount: $1,116,300 Balance as of March 5,
2010: $105,462 Balance after approval of this item: $75,462
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation
Adopt Resolution.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT AND
3 INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000
WITH "Y" TIRES OF LOS ANGELES.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The City Manager of the City of San Bernardino is hereby
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authorized to execute on behalf of said City amendment number one to the Vendor
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9 Service Agreement between the City of San Bernardino and "Y" Tires of Los Angeles,
10 a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by
11 this reference as fully set forth at length.
12II SECTION 2. That pursuant to this determination the Director of Finance or
13 his/her designee is hereby authorized to increase the annual Purchase Order to "Y"
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Tires of Los Angeles by $30,000 for a total not to exceed $375,000.
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SECTION 3. The Purchase Order shall reference this Resolution Number and
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17 shall read, ""Y" Tires of Los Angeles for new and recapped tires, tubes, and related
18 repair services, not to exceed $375,000" and shall incorporate the terms and
19 conditions of the agreement.
20 SECTION 4. The authorization to execute the above referenced Amendment is
21 rescinded if it is not executed within sixty (60) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING AN AMENDMENT TO AN AGREEMENT AND
2 INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $30,000
WITH "Y" TIRES OF LOS ANGELES.
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4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
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meeting thereof, held on the day of 2010, by the
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8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 DESJARDINS
12 BRINKER
13 SHORETT
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KELLEY
15
JOHNSON
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17 MCCAMMACK
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19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of
21 , 2010.
22
Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to Form:
25 rsy:
James F. Penman
26 City Attorney
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AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1
"Y"TIRES OF LOS ANGELES
2 This Amendment No. 1 ("Amendment 1") is entered into this 15th day of
3 March 2010, by and between"Y"Tires of Los Angeles ("VENDOR") and the
4 City of San Bernardino ("CITY"or"San Bernardino").
5 RECITALS
6 A. On July 6, 2009, "Y" Tires of Los Angeles and the City of San Bernardino
7 entered into a Vendor Services Agreement("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 1" and incorporated
9 by this reference.
10 B. The CITY and VENDOR now desire to amend the Agreement to increase the
11 amount of the Agreement by $30,000 for a total not-to-exceed purchase price of
12 $375,000 for new and recapped tires, tubes and related repair services.
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AGREEMENT
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In consideration of the mutual promises contained in the Vendor Services
15 Agreement, the parties agree as follows:
16 1. Paragraph 1 and 2 of the Agreement dated July 6, 2009, attached here to as
17 Attachment 1, is amended to incorporate the terms and conditions of this
18 Amendment.
19 2. The total Agreement price shall be increased by $30,000, for a not-to-exceed
20 amount of$375,000.
The other provisions of the written contract are reaffirmed as originally stated.
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AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 "Y"TIRES OF LOS ANGELES
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4 IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day
and date first above written.
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6 Dated: 12010 "Y"TIRES OF LOS ANGELES
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8 By:
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it
Dated: , 2010 CITY OF SAN BERNARDIIVO
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14 By: Charles E. McNeely, City Manager
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16 ATTEST:
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Rachel Clark, City Clerk
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21 Approved as to form:
22
James F. Penman
23 City Attorney
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By:
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AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 "Y" TIRES OF LOS ANGELES
2 This Amendment No. 1 ("Amendment 111) is entered into this 15th day of
3 March 2010,by and between"Y"Tires of Los Angeles ("VENDOR') and the
4 City of San Bernardino ("CITY" or"San Bernardino").
5 RECITALS
6 A. On July 6, 2009, "Y" Tires of Los Angeles and the City of San Bernardino
7 entered into a Vendor Services Agreement ("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 1" and incorporated
9 by this reference.
10 B. The CITY and VENDOR now desire to amend the Agreement to increase the
11 amount of the Agreement by $30,000 for a total not-to-exceed purchase price of
12 I $375,000 for new and recapped tires,tubes and related repair services.
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AGREEMENT
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In consideration of the mutual promises contained in the Vendor Services
15 Agreement,the parties agree as follows:
16 1 Paragraph 1 and 2 of the Agreement dated July 6, 2009, attached here to as
17 Attachment 1, is amended to incorporate the terms and conditions of this
18 Amendment.
19 2. The total Agreement price shall be increased by$30,000, for a not-to-exceed
amount of$375,000.
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3. The other provisions of the written contract are reaffirmed as originally stated.
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AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 "Y" TIRES OF LOS ANGELES
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4 IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day
5 and date first above written.
6 Dated: 12010 "Y"TIRES OF LOS ANGELES
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8 By:
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patcd. ' 2010 CITY OF SAN BERNARDINO
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14 By: Charles E. McNeely, City Manager
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16 ATTEST:
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Rachel Clark, City Clerk
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21 Approved as to form:
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James F. Penman
23 City Attorney
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By:
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