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HomeMy WebLinkAbout30-Public Services o o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Dept: Public Services Date: July 22, 2008 Subject: Resolution authorizing an agreement and increase to an interim Purchase Order to UY" Tires of Los Angeles for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division pursuant to Section 3.04.010 B-3 ofthe Municipal Code. Meeting Date: August 4, 2008 Synopsis of Previous Council Action Aug. 4,2003 Reso 2003-215 June 23, 2005 Reso 2005-178 April 17, 2006 Reso 2006-111 April 16, 2007 Reso 2007-126 Recommended Motion: Adopt Resolution. Annual PO two single year renewals Annual PO with increase of $25,000 Annual PO with increase of $76,000 Annual PO with increase of $30,000 ,~'- Contact person Don Johnson, Fleet Manager Phone: 5220 All Supporting data attached: Staff Report, Resolution and Agreement. FUNDING REQUIREMENTS: Council Notes: Ward: Amount: $65,000 635-341-5111 Material & Supplies Source: Finance: Agenda Item No. 30 g','1-t:JB- c o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution authorizing an agreement and increase to an interim Purchase Order to "Y" Tires of Los Angeles for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division pursuant to Section 3.04.010 B-3 of the Municipal Code. Background: The City purchases a variety of tires for use on Integrated Waste 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 June 23, 2005 the Mayor and Common Council approved Resolution 2005-178 authorizing $290,000 for an annual purchase order, to"Y" Tires of Los Angeles, which had submitted the lowest price on Bid No. F04-018. On April 17, 2006 the Mayor and Common Council approved Resolution 2006-111 authorizing an increase of $76,000 to the annual purchase order for a total of $366,000. On April 16, 2007 the Mayor and Common Council approved Resolution 2007-126 authorizing an increase of $30,000 to the annual purchase order for a total of $396,000. On July 8th 2008 the Finance Department notified the Fleet Division that this purchase order needed to be bid and would not be renewed as a "selected source" as it has been done in the past. An interim purchase order was issued for $24,990. The Fleet Division's tire cost is $30,000 per month therefore this increase is needed to cOntinue to purchase tires for the City's fleet while the formal bid process is completed. The Public Services Department, Fleet Division staff is requesting an increase of $65,000 to Purchase Order No. 302233 for a total amount not to exceed $89,990 until bid #RFQ F- 09-01 is completed and awarded. The bid opened on July 17th and will close on August 7th. Staff anticipates bringing the item to the Mayor and Common Council for award in late August or early September. Financiallrnpact: Funds for this purchase are available in the Fleet Division FY 08-09 Budget Account No. 635-341-5111, Materials & Supplies. Recommendation: Adopt Resolution. 19 20 21 22 23 11/ 24 25 26 11/ 27 III 28 RESOLUTION NO. 1 2 RESOLUTION AUTHORIZING AN AGREEMENT AND INCREASE TO. AN INTERIM PURCHASE ORDER TO "Y" TIRES OF LOS ANGELES FOR NEW AND 3 RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY 4 VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE. 5 6 7 8 9 10 11 12 13 14 15 16 17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City a Vendor Service Agreement between the City of San Bernardino and "Y" Tires of Los Angeles, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as though set forth at length. SECTION 2. That pursuant to this determination the Director of Finance or hislher designee is hereby authorized to increase the interim Purchase Order to "Y" Tires of Los Angeles by $65,000 for a total not to exceed $89,990. SECTION 3. The Purchase Order shall reference this Resolution No. 18 and shall read, ""Y" Tires of Los Angeles for new and recapped tires, tubes, and related repair services, not to exceed $89,990" and shall incorporate the terms and conditions of the agreement. SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. III #30 Dg-04- Of{ 1 RESOLUTION AUTHORIZING AN AGREEMENT AND INCREASE TO AN INTERIM PURCHASE ORDER TO "V" TIRES OF LOS ANGELES FOR NEW AND 2 RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BV THE FLEET DIVISION 3 PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBV CERTIFV that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: AVES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution ,2008. is hereby approved this day of Patrick J. Morris, Mayor City of San Bernardino J sF. Penman i Attomey "--,,-~~~.,._~<,..,,.~--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 4th day of August 2008, by and between "Y" Tires of Los Angeles ("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; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the servIces of VENDOR to provide for new and recapped tires, tubes, and related repair services pursuant to bid specifications RFQ F-09-01 attached hereto as Attachment "I" and made a part hereto. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to $89,990 for new and recapped tires, tubes, and related repair services b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The term of this Agreement shall be for a period of one year. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The t=s of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. III Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. INDEMNITY. CITY agrees to indemnify and hold hannless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold hannless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. 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. III Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shaH 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, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shaH perform work tasks provided by this Agreement, but for aHintents and purposes VENDOR shaH be an independent contractor and not an agent or employee of the CITY. VENDOR shaH secure, at its expense, and be responsible for any and aH payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroH deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shaH obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legaHy required of VENDOR to practice its business or profession. III III Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: "Y" Tires of Los Angeles 1941 N. Marianna Ave. Los Angeles, CA 90032 Telephone: (323) 223-1391 Contact: Jack Shoemaker 9. 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 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. 10. 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 Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term ofthis Agreement. 11. 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. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. 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. 14. 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. 15. 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. III 11/ Exhibit "A" VENDOR SERVICE AGREEMENT "Y" TIRES OF LOS ANGELES 1 2 3 4 5 6 7 8 Dated , 2008 9 10 11 12 Approved as to Form: IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2008 VENDOR By: Its: CITY OF SAN BERNARDINO By: Fred Wilson, City Manager 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: James F. Penman, City Attorney Exhibit "A" ATTACHMENT "I" city of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-Q9-Q1 TIRES. NEW / RECAP FOR VEHICLES AND EQUIPMENT NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WllLINVALIDATE BID A.GENERAL ACCEPTABLE / AS SPECIFIED This specification describes the City of San Bernardino's annual need for new, recapping, and repair of tires. All materials used in the process of retreading and repairing tires shall conform to spec/flcations. Bidders must bid for all tires as the City desires one vendor for recaps, new (light) and new (heavy). All tires must be Goodyear or Michelin. The successful bidder shall insure availability of tires to support a minimum of thirty (30) days of the City of San Bernardino's fleet operations, specifically the Integrated Waste Management and Police Fleets. The City of San Bernardino as purchaser reserves the right to reject any or all bids, to waive any informality in bids, to accept In whole or in part such bid or bids and to award the contract to other than the lowest bidder at its discretion, as may be deemed in the best interest of the purchaser. B. RECAPPING/RETREADING HEAVY DUTY TIRES 1. Require seamless cap with a Goodyear or Michelin Mold type bonding process or equivalent. Solice in tread area not accenlable. 7 2. Tread rubber (mold cure) shall contain no less than 50% rubber hydrocarbons by weight. Tread rubber shall have a minimum of 25% and a maximum of 40% polybutadlne, and have the following minimum/maximum physical properties: a. Tensile Strength (PSI) 2200 b. Elongation Percent 430 /600 c. Modulas at 300% 1100/1700 d. Hardness 60 /70 e. Specific gravity 1105/1135 3. Tread Depth Requirements: a. 26/32 deep standard rib b. 32/32 waste hauling lug 4. Tread Design: a. Waste hauling lug b. Standard highway rib 5. Tread Width. The tread width used shall be determined by the requirements of the casing. The maximum acceptable width shall be used unless otherwise requested. 6. Curing Temperatures. All tires shall be cured at a temperature not to exceed 300 degrees F. 7. Pick-up and Delivery. All tires for recapping and repairs shall be picked up and delivered to the Fleet Garage at: 182 S. Sierra Way, San Bernardino on a weekly basis. All tires shall have one-week turn around time. 8. Recapper shall perform nall hole repairs and section repairs at no additional cost to the City. 9. Recapped tires shall be branded using a City of San Bernardino code to indicate number of times recapped and serial number for tire tracking. 10. Disposition of all tires picked up shall be identified on appropriate invoice. Tires not recappable shall be . identified as to reason and returned as RAR. 8 11. Below is a partial listing of tires presently being purchased/recapped. Quantities are approximate and no guarantee is made as to the actual quantities to be purchased. Tire Size and Annual Usage Tire Size OTY 315/80R22.5 REAR RECAP ONLY-LUG TREAD 911 315/80R22.5 RECAP STEER CERTIFIED 134 12. Successful bidder will Insure that they maintain a minimum of 30 days stock of tires required to support the City of San Bemardino Fleet operations. C. NEW TIRES - UGHT AND HEAVY EQUIPMENT 1. PatroUPursult Tires shall be certified as such by the manufacturer and be currently certified for use by either the California Highway Patrol or Los Angeles County Sheriff. 2. Police pursuit tires will be the same OEM brand of tires supplied with vehicle (Ford Crown Victoria). 3. All passenger car tires shall have a minimum 75,000 mile rating. 4. New heavy equipment tires shall be branded using . the City of San Bernardino numbering system to indicate serial number and manufacturer date. D. TIRE WARRANTY AND FAILURE ADJUSTMENTS 1. Tires falling before 25% of original tread is worn shall be refunded at the full tread cost. 2. Tires falling beyond the 25% shall be adjusted on a pro-rated basis based on remaining tread. E. LIABIUTY INSURANCE The contractor shall furnish evidence of general product liability insurance In the amount of $2,000,000. A certificate of insurance shall accompany the quote. 9 ~: 07/31/2008 Public Services - Fleet 10: 5-434/RPC PAGE: 1 TIME: 02:19 p... PARTS SUIIIWlY HISTORY BEPORT I'ACILIT!: 0001 PARTIIUIlBKR: 21-016 TO 21-130 DATE: 07/01/2008 TO 07/31/2008 PART IIUIIllER DESCRIPTIOlI BIN LOC. START INV PDRCHASES USAGE ADJUST END INV COST MAL ------------------------- ---------- ----------- ---------- ---------- ---------- ----------- ---------------- ------------------- 21-016 115 1.00 0.0 0.0 0.0 1.00 $27.930 $27.930 TIRE 18X8.5018 21-020 115 0.00 0.0 0.0 0.0 0.00 $225.000 $0. 000 TIRE 31113.50115 FR01IT 21-021 115 0.00 0.0 0.0 0.0 0.00 $65.990 $0.000 TIRE 23110.50112 21-029 115 0.00 0.0 0.0 0.0 0.00 $48.483 $0.000 TIRE P205/75R15 21-030 115 7.00 0.0 0.0 0.0 7.00 $46.152 $323.064 TIRE 195/65RH 21-031 115 12.00 0.0 0.0 0.0 12.00 $48.060 $576.720 TIRE P195/70Rl4. 21-032 115 2.00 0.0 0.0 0.0 2.00 $34.500 $69.000 TIRE P205/70R14 21-033 115 1.00 0.0 0.0 0.0 1.00 $55.682 $55.682 TIRE P205/65R15 21-034 115 0.00 0.0 0.0 0.0 0.00 $29.790 $0.000 TIRE P185/70R14 21-035 115 3.00 0.0 0.0 0.0 3.00 $40.730 $122.190 TIRE P195/75R14 21-036 115 8.00 0.0 0.0 0.0 8.00 $52.922 $423.376 TIRE P215/70R14 21-038 115 0.00 0.0 0.0 0.0 0.00 $34.990 $0.000 TIRE P155/80R13 21-039 115 8.00 0.0 0,0 0.0 8.00 $35.470 $283.760 TIRE P175170R14 21-044 115 5.00 0.0 0.0 0.0 5.00 $53.439 $267.195 TIRE 215/70R15 21-046 115 0.00 0.0 0.0 0.0 0.00 $65.678 $0.000 TIRE P235/70Rl5 21-048 115 15.00 0.0 2.0 0.0 13.00 $73.000 $949.000 TIRE P225/70R15 21-049 115 78.00 0.0 11.0 0.0 67.00 $72.148 $4,833,916 TIRE P225/60Rl6 21-050 115 28.00 60.0 37.0 0.0 51. 00 $98,750 $5,036.250 TIRE P235/55Rl7 21-055 115 6.00 0.0 0.0 0.0 6.00 $85.813 $514.878 TIRE LT235/75R15 21-060 115 8.00 0.0 0.0 0.0 8.00 $64.760 $518.080 TIRE 215/60Rl6 21-061 115 0.00 12.0 7.0 0.0 5.00 $98.630 $493.150 TIRE LT245/75R16 21-067 115 1.00 0.0 1.0 0.0 0.00 $94.460 $0.000 TIRE LT235/85Rl6 21-068 115 4.00 0.0 0.0 0.0 4.00 $105.364 $421.456 TIRE LT215/85Rl6 21-071 115 4.00 0.0 0.0 0.0 4.00 $65.020 $260.080 TIRE 750-15 21-083 115 1.00 0.0 0.0 0.0 1.00 $155.290 $155.290 TIRE 170/60ZRl7H/C HONDA REAR DATE: 07/31/2008 TIRE: 02:19 p.m. Public Services - Fleet PARrS SOMMlIRY HISTORY REPORT FACILITY: OOOl PART NOIBER: 21-016 TO 21-130 DATE: 07/01/2008 TO 07/31/2008 !D: 5-(34/RPC PAGE: 2 PART NOIBER DESCRIPTION BIll 1OC. S'WlT IIIV PURCHASES OSAGE ADJUS'l END INV COST TOTAL ------------------------- ---------- ----------- ---------- ---------- ---------- ----------- ---------------- ------------------- 21-084 115 0.00 0.0 0.0 0.0 0.00 $124.840 $0.000 TIRE 120/70ZR18M ~CRDA FRONT 21-085 115 1.00 0.0 0.0 0.0 1.00 $195.101 $195.101 TIRE REAR HE90-18 KAWASAKI 21-086 115 0.00 0.0 0.0 0.0 0.00 $152.350 $0.000 TIRE FRONT MR90-18 KAlIASAlI 21-116 115 247.00 48.0 93.0 0.0 202.00 $193.303 $39,047.206 TIRE 315/80R22.5 REAR OILY 21-117 115 3.00 0.0 0.0 0.0 3.00 $189. ,830 $569.490 TIRE 255/70R22.5 TAG AXLE 21-119 115 8.00 2.0 10.0 0.0 0.00 $145.260 $0.000 TIRE 315/80R22.5 RECAP FRONT 21-125 115 72.00 0.0 3.0 0.0 ii9.00 $0.000 $0.000 TIRE 315/80R22.5 N/e Front 21-125A 115 0.00 0.0 0.0 ' 0.0 0.00 $427.980 $0.000 TIRE 315/80R22.5 10.00018 FRT 21-126 115 8.00 0.0 0.0 0.0 8.00 $203.750 $1,630.000 TIRE 9R22. 5 21-128 115 1.00 0.0 1.0 0.0 0.00 $288.570 $0.000 TIRE 11R225 21-129 115 4.00 0.0 0.0 0.0 4.00 $159.840 $639.360 TIRE 215/70R17. 5 21-130 115 4.00 0.0 0.0 0.0 4.00 $218.820 $875.280 TIRE 225/70R19.5 ------------------------------------------------------------------------------------------------------------------------------------ STARr IIIV PDRCHASES USAGE ADJUST END INV GRAHDTDTAI ------------- ---------- ---------- ---------- ------------- -------------- GRAHD TOTAL 540.000 122.0 165.0 0.0 497.000 58287.454 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 4th day of August 2008, by and between "Y" Tires of Los Angeles ("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 . . reparr sefVIces; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide for new and recapped tires, tubes, and related repair services pursuant to bid specifications RFQ F-09-01 attached hereto as Attachment "I" and made a part hereto. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to $89,990 for new and recapped tires, tubes, and related repair services b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The term ofthis Agreement shall be for a period of one year. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. INDEMNITY. CITY agrees to indemnify and hold hannless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold hannless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. 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. III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. NON-DISCRIMINATION. 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, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Muuicipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: "Y" Tires of Los Angeles 1941 N. Marianna Ave. Los Angeles, CA 90032 Telephone: (323) 223-1391 Contact: Jack Shoemaker 9. 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 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. 10. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 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 provlSlons. 15. 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. III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT "Y" TIRES OF LOS ANGELES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: Dated Approved as to Form: ,2008 VENDOR By: Its: ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager .~ 2. Tread rubber (mold cure) shall oontain no less than 50% rubber hydrocarbons by weight. Tread rubber shall have a minimum of 25% and a maximum of 40% polybutadlne, and have the following minimum/maximum physical properties: a. Tensile Strength (PSI) 2200 b. Elongation Percent 430 /600 c. Modulas at 300% 1100/1700 d. Hardness 60 /70 e. Specific gravity 1105/1135 3. Tread Depth Requirements: . a. 26/32 deep standard rib b. 32/32 waste hauling lug 4. Tread Design: a. Waste hauling lug b. Standard highway rib 5. Tread Width. The tread width used shall be determined by the requirements of the casing. The maximum acceptable width shall be used unless otherwise requested. 6. Curing Temperatures. All tires shall be cured at a temperature not to exceed 300 degrees F. 7. Pick-up and Delivery. All tires for recapping and repairs shall be picked up and delivered to the Fleet Garage at: 182 S. Sierra Way, San Bernardino on a weekly basis. All tires shall have one-week tum around time. 8. Recapper shall perform nall hole repairs and section repairs at no additional oost to the City. 9. Recapped tires shall be branded using a City of San Bemardino oode to indicate number of times recapped and serial number for tire tracking. 10. Disposition of all tires picked up shall be identified on appropriate invoice. Tires not recappable shall be identified as to reason and retumed as RAR. g ATTACHMENT "I" City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-09-Q1 TIRES. NEW / RECAP FOR VEHICLES AND EQUIPMENT NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID A.GENERAL ACCEPTABLE/AS SPECIFIED This specification describes the City of San Bernardino's annual need for new, recapping, and repair of tires. All materials used in the process of retreading and repairing tires shall conform to specifications. Bidders!!!!!!! bid for all tires as the City desires one vendor for recaps, new (light) and new (heavy). All tires must be Goodyear or Michelin. The successful bidder shall insure availability of tires to support a minimum of thirty (30) days of the City of San Bemardino's fleet operations, specifically the Integrated Waste Management and Police Fleets. The City of San Bernardino as purchaser reserves the right to reject any or all bids, to waive any Informality in bids, to accept In whole or in part such bid or bids and to award the contract to other than the lowest bidder at Its discretion, as may be deemed In the best Interest of the purchaser. 8. RECAPPINGIRETREADING HEAVY DUTY TIRES 1. Require seamless cap with a Goodyear or Michelin Mold type bonding process or equivalent. Solice In tread "rAa not acceotable. 7 11. Below is a partial listing of tires presently being purchased/recapped. Quantities are approximate and no guarantee is made as to the actual quantities to be purchased. Tire Size and Annual Usage Tire Size OTY 315/80R22.5 REAR RECAP ONLY-LUG TREAD 911 315/80R22.5 RECAP STEER CERTIFIED 134 12. Successful bidder will Insure that they maintain a minimum of 30 days stock of tires required to support the City of San Bernardino Fleet operations. C. NEW TIRES - UGHT AND HEAVY EQUIPMENT 1. Patrol/Pursuit Tires shall be certified as such by the manufacturer and be currently certified for use by either the Califomia Highway Patrol or Los Angeles County Sheriff. 2. Police pursuit tires will be the same OEM brand of tires supplied with vehicle (Ford Crown Victoria). 3. All passenger car tires shall have a minimum 75,000 mile rating. 4. New heavy equipment tires shall be branded using . the City of San Bemardino numbering system to indicate serial number and manufacturer date. D. TIRE WARRANTY AND FAILURE ADJUSTMENTS 1. Tires failing before 25% of original tread Is worn shall be refunded at the full tread cost. 2. Tires failing beyond the 25% shall be adjusted on a pro-rated basis based on remaining tread. E. LIABIUTY INSURANCE The contractor shall fumlsh evidence of general product liability insurance In the amount of $2,000,000. A certificate of insurance shall accompany the quote. 9 DArE: 07/31/2008 Public Service. - neet 10: 5-434/RPC PAGE: 1 TIME: 02:19 p.m. PARTS S1JMIWlY HIS'l'ORY REPORT FACILITY: 0001 PART HOHBER: 21-016 TO 21-130 DATE: 07/01/2008 TO 07/31/2008 PART IlUMBER OESCRIP'lIOH BIll LOC. START INV PIJRCIIASES USAGE ADJUST SlID IIlV COST TO'1'AL ------------------------- ---------- ----------- ---------- ---------- ---------- ----------- ---------------- -----------.------- 21-016 115 1.00 0.0 0.0 0.0 1.00 $27.930 $27.930 TIRE 18X8. 50X8 21-020 115 0.00 0.0 0.0 0.0 0.00 $225.000 $0.000 TIRE 31X13.50X15 FRONT 21-021 115 0.00 0.0 0.0 0.0 0.00 $65.990 $0.000 TIRE 23X10.50X12 21-029 115 0.00 0.0 0.0 0.0 0.00 $48.483 $0.000 TIRE P205/75R15 21-030 115 7.00 0.0 0.0 0.0 7.00 $46.152 $323.064 TIRE 195/65R14 21-031 115 12.00 0.0 0.0 0.0 12.00 $48.060 $576.720 TIRE PI95/70R14 21-032 115 2.00 0.0 0.0 0.0 2.00 $34.500 $69.000 TIRE P205/70R14 21-033 115 1.00 0.0 0.0 0.0 1.00 $55.682 $55.682 TIRE P205/65R15 21-034 115 0.00 0.0 0.0 0.0 0.00 $29.790 $0.000 TIRE P185/70R14 21-035 115 3.00 0.0 0.0 0.0 3.00 $40.730 $122.190 TIRE P195/75R14 21-036 115 8.00 0.0 0.0 0.0 8.00 $52.922 $423.376 TIRE P215/70R14 21-038 115 0.00 0.0 0.0 0.0 0.00 $34.990 $0.000 TIRE P155/80R13 21-039 115 8.00 0.0 0.0 0.0 8.00 $35.470 $283.760 TIRE P115/70R14 21-044 115 5.00 0.0 0.0 0.0 5.00 $53.439 $267.195 TIRE 215/70R15 21-046 115 0.00 0.0 0.0 0.0 0.00 $65.678 $0.000 TIRE P235/70R15 21-048 115 15.00 0.0 2.0 0.0 13.00 $73.000 $949.000 TIRE P225/70R15 21-049 115 78.00 0.0 11.0 0.0 67.00 $72.148 $4,833.916 TIRE P225/60R16 21-050 115 28.00 60.0 37.0 0.0 51. 00 $98.750 $5,036.250 TIRE P235/55R17 21-055 115 6.00 0.0 0.0 0.0 6.00 $85.813 $514.818 TIRE LT235/75R15 21-060 115 8.00 0.0 0.0 0.0 8.00 $64.160 $518.080 TIRE 215/60R16 21-061 115 0.00 12.0 1.0 0.0 5.00 $98.630 $493.150 TIRE LT245/75R16 21-067 115 1.00 0.0 1.0 0.0 0.00 $94.460 $0.000 TIRE LT235/85R16 21-068 115 4.00 0.0 0.0 0.0 4.00 $105.364 $421. 456 TIRE LT215/85R16 21-011 115 4.00 0.0 .0.0 0.0 4.00 $65.020 $260.080 TIRE 750-15 21-083 115 1.00 0.0 0.0 0.0 1.00 $155.290 $155.290 TIRE 170/60ZR17M/C BOlin! REAR DATE: 07/31/2008 Public Service. - Fleet 10: 5-t34/RPC PAGE: 2 TIME: 02:19 p.lI. PARTS SlJMIIARY HISTORY REPORT FACILITY: oooi. PART lUMBER: 21-016 TO 21-130 DATE: 07/01/2008 TO 07/31/2008 PART IIllMIlER OESCRIPTION BIlILOe. START IIIV PORClIA8ES USAGE ADJUST ERD IIIV COST TOTAL -------_.---------------. ------.--- ----------- ---------- ---------- ---------- ----------- -----.---------- -----------.------- 21-08( 115 0.00 0.0 0.0 0.0 0.00 $124.840 $0.000 TIRE 120/70ZR18H ~ORDA FRORT 21-085 115 1.00 0.0 0.0 0.0 1.00 $195.101 $195.101 TIRE REAR HR90-18 KAlIASAKI 21-086 115 0.00 0.0 0.0 0.0 0.00 $152.350 $0.000 TIRE FROllT MlI90-18 KAlIASAKI 21-116 115 247.00 (8.0 93.0 0.0 202.00 $193.303 $39,0(7.206 TIRE 315/80R22.5 REAR ONLY 21-117 115 3.00 0.0 0.0 0.0 3.00 $189.030 $569.490 TIRE 255/70R22.5 TAG AXLE 21-119 115 8.00 2.0 10.0 0.0 0.00 $145.260 $0.000 TIRE 315/80R22.5 RECAP FROllT 21-125 115 72.00 0.0 3.0 0.0 69.00 $0.000 $0.000 TIRE 315/80R22.5 N/C Front 21-125A 115 0.00 0.0 0.0 . 0.0 0.00 $427.980 $0.000 TIRE 315/80R22.5 10.000LB FRT 21-126 115 8.00 0.0 0.0 0.0 8.00 $203.750 $1,630.000 TIRE 9R22. 5 21-128 115 1.00 0.0 1.0 0.0 0.00 $288.570 $0.000 TIRE 11R225 . 21-129 115 4.00 0.0 0.0 0.0 4.00 $159.840 $639.360 TIRE 215/70R17.5 21-130 115 4.00 0.0 0.0 0.0 4.00 $218.820 $875.280 TIRE 225/70R19.5 START IRV PURCHASES USAGE ADJUST ERD IllY GRAIlD TOTAl GRAIlD TOTAL 540.000 122.0 165.0 0.0 . 497.000 58287.454