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Home My WebLink About2013-084 RESOLUTION NO, 2013-84 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 WITH Y TIRE SALES INC. FOR THE PURCHASE OF TIRES IN FY 12/13 AND 4 13/14 AND AN INCREASE TO PURCHASE ORDER NO. 2013-00000119 IN THE AMOUNT OF $150,000, PURSUANT TO SECTION 3.04.010 B-3 OF THE 5 MUNICIPAL CODE. 6 WHEREAS, the Fleet Division is requesting an execution of a four month agreement 7 8 with Y Tire Sales Inc. for tires and related items and to increase Purchase Order Number 9 2013-00000119 in the amount of $150,000 in order to purchase tires over that four month 10 period for FY 12/13 and 13/14; 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 12 CITY OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 14 execute on behalf of said City a Purchase Agreement between the City of San Bernardino and 15 Y Tire Sales INC., a copy of which is attached hereto, marked Exhibit "A" and incorporated 16 17 herein by reference as fully as though set forth at length. 18 SECTION 2. The Mayor and Common Council hereby authorize the Director of 19 Finance or his/her designee to increase Purchase Order Number 2013-00000119 from May 1, 20 2013 until August 30, 2013 for a total amount not-to-exceed $150,000 for the purchase of 21 tires. 22 SECTION 3. This purchase is exempt from the formal contract procedures of Section 23 24 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases 25 approved by the Mayor and Common Council". 26 27 28 2013-84 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 WITH Y TIRE SALES INC. FOR THE PURCHASE OF TIRES IN FY 12/13 AND 13/14 AND AN INCREASE PURSUANT TO SECT ONO 3.041.010 00B 31 OF THE 3 AMOUNT OF $150,000, 4 MUNICIPAL CODE. 5 SECTION 4. The Purchase Order shall reference this Resolution and shall read, "Y 6 Tire Sales INC. for the purchase of tires" and shall incorporate the terms and conditions of the 7 Agreement. 8 SECTION 5. The authorization to execute the above referenced Contract Purchase 9 Order and agreement is rescinded if not issued within sixty (60) days of the passage of this 10 11 resolution. 12 /// 13 /// 14 15 //7 16 17 /// 18 /// 19 /// 20 /// 21 22 23 24 /// 25 /// 26 27 28 2013-84 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 WITH Y TIRE SALES INC. FOR THE PURCHASE OF TIRES IN FY 12/13 AND 13/14 AND AN INCREASE TO PURCHASE ORDER NO. 2013-00000119 IN THE 3 AMOUNT OF $150,000, PURSUANT TO SECTION 3.04.010 B-3 OF THE 4 MUNICIPAL CODE. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a oint regularmeeting thereof, held 7 on the 6th day of May , 2013, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 JENKINS x 12 VALDIVIA X 13 X SHORETT 14 KELLEY X 15 16 JOHNSON x 17 MCCAMMACK x 18 19 George hn Hanna, y Clerk 20 T% The foregoing resolution is hereby approved this 1 day of 21 May , 2013. 22 •%). 23 Patri k J. Morris, Ma, it of San Bernardino 24 Approved as to Form: 25 By: I, ,,eje 26 . es F. Penman, City Attorney 27 28 2013-84 PURCHASE AGREEMENT This Purchase Agreement is entered into this 6th day of May 2013, by and between "Y" Tire Sales ("Vendor") and the City of San Bernardino ("City" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined 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 in 2009; and, WHEREAS, Vendor was the lowest bidder to provide said goods and services to City in 2009 and the City desires to continue services with vendor until it completes a new request for bids; and, WHEREAS,this new Agreement supersedes all previous Agreements with the vendor; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Vendor to provide those products and services as set forth in Bid Specifications No. RFQ F-09-01, for new and recapped tires, tubes and related repair services for City vehicles and equipment. 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Vendor pursuant to the bid summary sheet for Vendor, attached hereto as Attachment "1" and by this reference made a part hereof, an amount not to exceed $150,000 for the term of this Agreement. Exhibit"A" 1 2013-84 b. No other expenditures made by Vendor shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from May 6, 2013 through September 30, 2013. This Agreement may be terminated at any time by thirty (30) days' prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the Agreement. 4. WARRANTY. Vendor expressly warrants that all products and services supplied to City by Vendor under this agreement shall conform to the specifications, drawings or other description upon which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect Vendor's obligations under this warranty, and such warranty shall survive inspections, testing, acceptance and use. Vendor agrees to replace or promptly correct defects for any goods or services not conforming to the foregoing warranty without expense to the City, when notified of such non-conformity by City. If Vendor fails to correct the defects in or replace non- conforming goods or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be deemed to require more than 60 calendars days notice before commencement of efforts by the City to effect cover or a cure except upon written agreement of the Parties. 5. INDEMNITY. Exhibit"A" 2 2013-84 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. 7. NON-DISCRIMINATION. Exhibit"A" 3 2013-84 In the performance of this Agreement and in the hiring and recruitment of employees, Vendor shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, excepted as permitted to Section 12940 of the California Government Code. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it shall comply with any and all business registration requirements of the City's Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of Vendor to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Works Director 300 North"D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: "Y" Tire Sales 1941 N. Marianna Ave. Los Angeles, CA 90032 Telephone: (323) 223-1391 Contact: Jack Shoemaker 10. ATTORNEYS' FEES. 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 Exhibit"A" 4 2013-84 its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 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 paragraph. 11. ASSIGNMENT. 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. 12. VENUE. 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, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. Exhibit"A" 5 2013-84 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. /// /// /// /// /// /// /// /// PURCHASE AGREEMENT Exhibit"A" 6 2013-84 "Y" TIRE SALES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2013 VENDOR. By: Dated , 2013 CITY OF SAN BERNARDINO By: Allen Parker, City Manager Approved as to Form: By: ,1 Jar -• F. Penman, City Attorney Exhibit"A" 7 2013-84 Y Tire Sales Inc. Pricing Effective Effective 3/1/09- 3/1/10- 5/1/13 Size 2/28/10 2/28/11 Cost P205/75R15 $ 47.78 $ 53.68 $ 58.06 P205/65R15 $ 52.66 $ 58.67 $ 78.29 P185/70R14 $ 37.57 $ 42.26 $ 76.94 P195/75R14 $ 40.92 $ 46.01 $ 76.94 P175/70R14 $ 38.49 $ 43.28 $ 52.36 P225/70R15 $ 73.36 $ 74.74 $ 101.56 P225/60R16 $ 71.06 $ 75.25 $ 90.40 P235/55R17 $ 92.99 $ 92.99 $ 107.99 P215/60R16 $ 69.63 $ 69.63 $ 99.76 LT235/75R15 $ 85.36 $ 95.24 $ 120.90 LT245/75R16 $ 117.12 $ 124.23 $ 156.48 LT235/85R16 $ 106.39 $ 117.74 $ 118.89 LT215/85R16 $ 109.38 $ 118.16 $ 141.31 LT265/70R17 $ 140.59 $ 140.59 $ 188.22 LT245/75R17 $ 136.37 $ 145.00 $ 165.93 11R22.5 $ 247.45 $ 361.54 $ 421.02 225/70R19.5 $ 231.21 $ 242.89 $ 300.55 315/80R22.5 $ 145.26 $ 152.90 $ 176.61 2013-84 PURCHASE AGREEMENT This Purchase Agreement is entered into this 6th day of May 2013, by and between "Y" Tire Sales ("Vendor") and the City of San Bernardino ("City" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined 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 in 2009; and, WHEREAS, Vendor was the lowest bidder to provide said goods and services to City in 2009 and the City desires to continue services with vendor until it completes a new request for bids; and, WHEREAS, this new Agreement supersedes all previous Agreements with the vendor; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Vendor to provide those products and services as set forth in Bid Specifications No. RFQ F-09-01, for new and recapped tires, tubes and related repair services for City vehicles and equipment. 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Vendor pursuant to the bid summary sheet for Vendor, attached hereto as Attachment "1" and by this reference made a part hereof, an amount not to exceed $150,000 for the term of this Agreement. Exhibit"A" 1 2013-84 b. No other expenditures made by Vendor shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from May 6, 2013 through September 30, 2013. This Agreement may be terminated at any time by thirty (30) days' prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the Agreement. 4. WARRANTY. Vendor expressly warrants that all products and services supplied to City by Vendor under this agreement shall conform to the specifications, drawings or other description upon which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect Vendor's obligations under this warranty, and such warranty shall survive inspections, testing, acceptance and use. Vendor agrees to replace or promptly correct defects for any goods or services not conforming to the foregoing warranty without expense to the City, when notified of such non-conformity by City. If Vendor fails to correct the defects in or replace non- conforming goods or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be deemed to require more than 60 calendars days notice before commencement of efforts by the City to effect cover or a cure except upon written agreement of the Parties. 5. INDEMNITY. Exhibit"A" 2 2013-84 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. 7. NON-DISCRIMINATION. Exhibit"A" 3 2013-84 In the performance of this Agreement and in the hiring and recruitment of employees, Vendor shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, excepted as permitted to Section 12940 of the California Government Code. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it shall comply with any and all business registration requirements of the City's Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of Vendor to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Works Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: "Y" Tire Sales 1941 N. Marianna Ave. Los Angeles, CA 90032 Telephone: (323) 223-1391 Contact: Jack Shoemaker 10. ATTORNEYS' FEES. 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 Exhibit "A" 4 2013-84 its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The 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 paragraph. 11. ASSIGNMENT. 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. 12. VENUE. 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, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. Exhibit "A" 5 2013-84 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. //I //I PURCHASE AGREEMENT Exhibit"A" 6 2013-84 "Y" TIRE SALES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 5// 3 i , 2013 VENDOR. tZ Dated VI) , 2013 CITY OF SAN BERNARDINO By: ',....‘_ A r'Parker, City Manager Approved as to Form: / / By:i Ja F. Penman, City Attorney Exhibit "A" 7 2013-84 Y Tire Sales Inc. Pricing Effective Effective 3/1/09- 3/1/10- 5/1/13 Size 2/28/10 2/28/11 Cost P205/75R15 $ 47.78 $ 53.68 $ 58.06 P205/65R15 $ 52.66 $ 58.67 $ 78.29 P185/70R14 $ 37.57 $ 42.26 $ 76.94 P195/75R14 $ 40.92 $ 46.01 $ 76.94 P175/70R14 $ 38.49 $ 43.28 $ 52.36 P225/70R15 $ 73.36 $ 74.74 $ 101.56 P225/60R16 $ 71.06 $ 75.25 $ 90.40 P235/55R17 $ 92.99 $ 92.99 $ 107.99 P215/60R16 $ 69.63 $ 69.63 $ 99.76 LT235/75R15 $ 85.36 $ 95.24 $ 120.90 LT245/75R16 $ 117.12 $ 124.23 $ 156.48 LT235/85R16 $ 106.39 $ 117.74 $ 118.89 LT215/85R16 $ 109.38 $ 118.16 $ 141.31 LT265/70R17 $ 140.59 $ 140.59 $ 188.22 LT245/75R17 $ 136.37 $ 145.00 $ 165.93 11R22.5 $ 247.45 $ 361.54 $ 421.02 225/70R19.5 $ 231.21 $ 242.89 $ 300.55 315/80R22.5 $ 145.26 $ 152.90 $ 176.61