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02-18-2020 - AGENDA ITEM 13 CONSIDERATION OF PURCHASE ORDERS FOR AUTO PARTS, TIRES AND FLEET SERVICES11/16/2020 Print Staff Report AGENDA ITEM NO. 13 DATE: February 18, 2020 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: CONSIDERATION OF PURCHASE ORDERS FOR AUTO PARTS, TIRES AND FLEET SERVICES RECOMMENDATION: It is recommended that the City Council approve the following purchase orders (PO) as reflected in the table below for Fiscal Year (FY) 2019-20: Vendor PO PO Amount Requested Increase New PO Total Amount Daniels Tire Service Corp 0-00042 $25,000 $30,000 $55,000 Firestone Tire & Service Center 20-00102 $30,000 $30,000 $60,000 Pep Boys Corp 20-00078 $25,000 $30,000 $55,000 DISCUSSION: The Fleet Services Coordinator is responsible for the maintenance and repair of all vehicles and apparatus in the West Covina Fire, Police, and Public Services fleet. Ongoing repair and preventative maintenance keep all vehicles and apparatus functioning and performing at their best. The fleet section maintains purchase orders with various vendors to expedite maintenance and repairs. The purchase orders were awarded based on cooperative purchasing through Sourcewell and NASPO contracts. Both offer its members purchasing contracts that are competitively bid nationally to enable contracted suppliers and member agencies to work smarter and more efficiently and bring considerable value to member agencies. Fleet services provides maintenance, repairs and tires for 245 vehicles and apparatus, many of which accumulate up to 7,000 miles a quarter, requiring an extreme amount of preventative maintenance. This has caused purchase orders to be near or at $30,000 and will continue to rise as this fiscal year progresses. In accordance with the West Covina's purchasing policies and procedures, Council approval is required for purchase orders when the aggregate fiscal year spending for a vendor is anticipated to exceed $30,000. https:/Idestinyhosted.com/print_ ag_memo.cfm?seq=671 &rev_num=0&mode=Extemal&reloaded=true&id=93762 1 /2 5. PERMITS: If necessary Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of this Contract. 6. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM": The Status Verification System, also referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, to sole sources that are included within a Request for Proposal, and when Contractor employs any personnel in Utah. a. Contractor certifies as to its own entity, under penalty of perjury, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor's new employees that are employed in the State of Utah in accordance with applicable immigration laws. b. Contractor's failure to comply with this section will be considered a material breach of this Contract. 7. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the Division or the State of Utah, unless disclosure has been made to the Division. 8. INDEPENDENT CONTRACTOR: Contractor and Subcontractors, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the Division or the State of Utah. 9. CONTRACTOR RESPONSIBILITY: Contractor and its Independent Dealers are solely responsible for fulfilling the contract, with responsibility for all Procurement Items delivered and/or performed as stated in this Contract. Contractor shall be the sole point of contact regarding all contractual matters. Contractor must incorporate Contractor's responsibilities under this Contract into every subcontract with its Subcontractors that will provide the Procurement Item(s) to the Eligible Users under this Contract. Moreover, except as set forth in the Master Agreement, Contractor is responsible for its Subcontractors compliance under this Contract. 10. RESERVED 11. EMPLOYMENT PRACTICES: Contractor agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor's employees. 12. AMENDMENTS: This Contract may only be amended by the mutual written agreement by the Division and Contractor, which amendment will be attached to this Contract. Automatic renewals will not apply to this Contract, even if identified elsewhere in this Contract. 13. DEBARMENT: Contractor certifies that it is not presently nor has ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local. Contractor must notify the Division within thirty (30) days if debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contract by any governmental entity during this Contract. 14. TERMINATION: This Contract may be terminated, with cause by either party, in advance of the specified expiration date, upon written notice given by the other party. The party in violation will be given ten (10) days after written notification to correct and cease the violations, after which this Contract may be terminated for cause immediately and subject to the remedies below. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by the Division, upon thirty (30) days written termination notice being given to the Contractor. The Division and the Contractor may terminate this Contract, in whole or in part, at any time, by mutual agreement in writing. On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved and conforming Procurement Items ordered prior to date of termination. In no event shall the Eligible Users be liable to the Contractor for compensation for any Procurement Item neither requested nor accepted by an Eligible User. In no event shall the Division's exercise of its right to terminate this Contract for convenience relieve the Contractor of any liability to the Eligible Users for any damages or claims arising under this Contract. 15. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: Upon thirty (30) days written notice delivered to the Contractor, a purchase order that results from this Contract may be terminated in whole or in part at the sole discretion of an Eligible User, if an Eligible User reasonably determines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this Contract; or (ii) that a change in available funds affects an Eligible User's ability to pay under this Contract. A change of available funds as used in this paragraph includes, but is not limited to a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. Notwithstanding the foregoing, Contractor shall be paid in full for all Procurement Items delivered prior to the termination of such purchase order. If a written notice is delivered under this section, an Eligible User will reimburse Contractor for the Procurement Item(s) properly ordered and/or properly performed until the effective date of said notice. An Eligible User will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice. 16. SALES TAX EXEMPTION: The Procurement Item(s) under this Contract will be paid for from an Eligible User's funds and used in the exercise of an Eligible Users essential functions. Upon request, an Eligible User will provide Contractor with its sales tax exemption number. It is Contractor's responsibility to request an Eligible User's sales tax exemption number. It also is Contractor's sole responsibility to ascertain whether any tax deduction or benefits apply to any aspect of this Contract. 17. RESERVED 18. CONTRACTOR'S INSURANCE RESPONSIBILITY. The Contractor shall maintain the following insurance coverage: a. Workers' compensation insurance during the term of this Contract for all its employees and any Subcontractor employees related to this Contract. Workers' compensation insurance shall cover full liability under the workers' compensation laws of the jurisdiction in which the work is performed at the statutory limits required by said jurisdiction. 27. OWNERSHIP IN CUSTOM DELIVERABLES: In the event that Contractor provides Custom Deliverables to the Eligible User, pursuant to this Contract, Contractor grants the ownership in Custom Deliverables, which have been developed and delivered by Contractor exclusively for the Eligible User and are specifically within the framework of fulfilling Contractor's contractual obligations under this contract. Custom Deliverables shall be deemed work made for hire, such that all intellectual property rights, title and interest in the Custom Deliverables shall pass to the Eligible User, to the extent that the Custom Deliverables are not recognized as work made for hire, Contractor hereby assigns to the Eligible User any and all copyrights in and to the Custom Deliverables, subject to the following: 1. Contractor has received payment for the Custom Deliverables, 2. Each party will retain all rights to patents, utility models, mask works, copyrights, trademarks, trade secrets, and any other form of protection afforded by law to inventions, models, designs, technical information, and applications ("Intellectual Property Rights") that it owned or controlled prior to the effective date of this contract or that it develops or acquires from activities independent of the services performed under this contract ("Background IP"), and 3. Contractor will retain all right, title, and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to (a) all know-how, intellectual property, methodologies, processes, technologies, algorithms, software, or development tools used in performing the Services (collectively, the "Utilities"), and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates, or output which are supplied or otherwise used by or on behalf of Contractor in the course of performing the Services or creating the Custom Deliverables, other than portions that specifically incorporate proprietary or Confidential Information or Custom Deliverables of the Eligible User (collectively, the "Residual IP"), even if embedded in the Custom Deliverables. 4. Custom Deliverables, not including Contractor's Intellectual Property Rights, Background IP, and Residual IP, may not be marketed or distributed without written approval by the Eligible User. Contractor agrees to grant to the Eligible User a perpetual, irrevocable, royalty -free license to use Contractor's Background IP, Utilities, and Residual IP, as defined above, solely for the Eligible User and the State of Utah to use the Custom Deliverables. The Eligible User reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for the Eligible User's and the State of Utah's internal purposes, such Custom Deliverables. For the Goods delivered that consist of Contractor's scripts and code and are not considered Custom Deliverables or Work Product, for any reason whatsoever, Contractor grants the Eligible User a non-exclusive, non- transferable, irrevocable, perpetual right to use, copy, and create derivative works from such, without the right to sublicense, for the Eligible User's and the State of Utah's internal business operation under this Contract. The Eligible User and the State of Utah may not participate in the transfer or sale of, create derivative works from, or in any way exploit Contractor's Intellectual Property Rights, in whole or in part. 28. ASSIGNMENT: Contractor may not assign, sell, transfer, subcontract or sublet rights, or delegate any right or obligation under this Contract, in whole or in part, without the prior written approval of the Division which approval will not be unreasonably conditioned, delayed, or withheld. 29. REMEDIES: Any of the following events will constitute cause for an Eligible User to declare Contractor in default of this Contract: (i) Contractor's non-performance of its material contractual requirements and material obligations under this Contract; or (ii) Contractor's material breach of any term or condition of this Contract. An Eligible User may issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages, If the default remains after Contractor has been provided the opportunity to cure, an Eligible User may do one or more of the following: (i) exercise any remedy provided by law or equity; (ii) terminate this Contract; (iii) debar/suspend Contractor from receiving future contracts from the Division; or (iv) demand a full refund of any payment that the Eligible User has made to Contractor under this Contract for Procurement Item(s) that do not conform to this Contract. 30. FORCE MAJEURE: Neither an Eligible User nor Contractor will be held responsible for delay or default caused by fire, riot, act of God, and/or war which is beyond that party's reasonable control. An Eligible User may terminate a purchase order resulting from this Contract after determining such delay will prevent Contractor's successful performance of this Contract. 31. CONFIDENTIALITY: If Confidential Information is disclosed to Contractor, Contractor shall: (i) advise its agents, officers, employees, partners, and Subcontractors of the obligations set forth in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not disclose any Confidential Information received by it to any third parties. Contractorwill promptly notify an Eligible User of any potential or actual misuse or misappropriation of Confidential Information. Contractor shall be responsible for any breach of this duty of confidentiality, including any required remedies and/or notifications under applicable law. Contractor shall indemnify, hold harmless, and defend the Eligible User, including anyone for whom the Eligible User is liable, from claims related to a breach of this duty of confidentiality, including any notification requirements, by Contractor or anyone for whom the Contractor is liable. Upon termination or expiration of this Contract, Contractor will return all copies of Confidential Information to the Eligible User or certify, in writing, that the Confidential Information has been destroyed. This duty of confidentiality shall be ongoing and survive the termination or expiration of this Contract. 32. LARGE VOLUME DISCOUNT PRICING: Eligible Users may seek to obtain additional volume discount pricing for large orders provided Contractor is willing to offer additional discounts for large volume orders. No amendment to this Contract is necessary for Contractor to offer discount pricing to an Eligible User for large volume purchases. 33. ELIGIBLE USER PARTICIPATION: Participation under this Contract by Eligible Users is voluntarily determined by each Eligible User. Contractor agrees to supply each Eligible User with Procurement Items based upon the same terms, conditions, 44. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of services. 45. ATTORNEY'S FEES: In the event of any judicial action to enforce rights under this Contract, the prevailing party shall be entitled its costs and expenses, including reasonable attorney's fees incurred in connection with such action. 46. TRAVEL COSTS: If travel expenses are permitted by the Solicitation All travel costs associated with the delivery of Services under this Contract will be paid according to the rules and per diem rates found in the Utah Administrative Code R25-7. Invoices containing travel costs outside of these rates will be returned to the vendor for correction. 47. PERFORMANCE EVALUATION: The Division may conduct a performance evaluation of Contractor, including Contractor's Subcontractors. Results of any evaluation may be made available to Contractor upon request. 48. STANDARD OF CARE: The services performed by Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the services that are the subject of this Contract. Contractor shall be liable to the Eligible User for claims, liabilities, additional burdens, penalties, damages, or third party claims (e.g., another Contractor's claim against the State of Utah), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care; provided that any required indemnification will be in accordance with the Master Agreement. 49. REVIEWS: The Division reserves the right to perform plan checks, plan reviews, other reviews, and/or comment upon the services of Contractor. Such reviews do not waive the requirement of Contractor to meet all of the terms and conditions of this Contract. 50. DISPUTE RESOLUTION: Prior to either party filing a judicial proceeding, the parties agree to participate in the mediation of any dispute. The Division or an Eligible User, after consultation with Contractor, may appoint an expert or panel of experts to assist in the resolution of a dispute. If the Division or an Eligible User appoints such an expert or panel, the Division or the Eligible User and Contractor agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute. 51. ORDER OF PRECEDENCE: In the event of any conflict in the terms and conditions in this Contract, the order of precedence shall be: (i) this Attachment A; (ii) Contract Signature Page(s); (III) the State of Utah's additional terms and conditions, if any; (iv) any other attachment listed on the Contract Signature Page(s); and (v) Contractor's terms and conditions that are attached to this Contract, if any. Any provision attempting to limit the liability of Contractor or limit the rights of an Eligible User, the Division, or the State of Utah must be in writing and attached to this Contract or it is rendered null and void. 52. SURVIVAL OF TERMS: Termination or expiration of this Contract shall not extinguish or prejudice Eligible Users' right to enforce this Contract with respect to any default of this Contract or defect in the Procurement Item(s) that has not been cured, or of any of the following clauses, including: Governing Law and Venue, Laws and Regulations, Records Administration, Remedies, Dispute Resolution, Indemnity, Newly Manufactured, Indemnification Relating to Intellectual Property, Warranty of Procurement Item(s), Insurance. 53. SEVERABILITY: The invalidity or unenforceability of any provision, term, or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect. 54. ERRORS AND OMISSIONS: Contractor shall not take advantage of any errors and/or omissions in this Contract. The Contractor must promptly notify the Division of any errors and/or omissions that are discovered. 55. ENTIRE AGREEMENT: This Contract and the Master Agreement constitute the entire agreement between the parties and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. (Revised February 28, 2019) Attachment B a. Liability insurance: a certificate of insurance evidencing insurance coverage for general liability including contractual liability, written on a comprehensive form with coverage for personal injury and a limit of liability of not less than $1,000,000 per occurrence for bodily injury, property damage and personal injury; and, $3,000,000 general aggregate. b. Workers' compensation and employer's liability: a certificate of insurance evidencing Dealer is complying with any applicable State Workers' Compensation or Employers Liability Insurance requirements. c. Garage liability including Garage Keepers Legal Liability: a certificate evidencing coverage with a minimum limit of $100,000 and to include loss of use of state operated vehicle(s). 3. HOLD HARMLESS The Dealer shall release, protect, indemnify and hold the State and its officers, agencies, employees, harmless from and against any damage, cost or liability, including reasonable attorney's fees for any or all injuries to persons, property or claims arising from acts or omissions of the Dealer, its employees or subcontractors or volunteers. 4. CONTRACT WITH MANUFACTURER The Dealeragrees to abide bythe terms and conditions ofthe Contract between the Manufacturer and the State resulting from State of Iowa Request for Proposal 1118005083. IN WITNESS WHEREOF, the authorized representative of the Dealer signs and agrees to the terms of this Agreement. Dealer Signature Date Name and Title of Signer (Type or Print) Bridgestone Independent Dealer Agreement 2 1/30/2020 062916-PEP I Sourcewell ATTACHMENT NO. 3 Source Auto Plus -Pep Boys Fleet Services, Parts & Equipment #062916-PEP Maturity Date: 09/06/2020 Products & Services v Products & Services Sourcewetl contract 062916-PEP gives access to the following types of goods and services: " Parts o Tires Tools and Equipment Become a Member Service and Repair o VMI Services Simply complete the online application or contact the Membership Team at membership@sourcewell-mn.gov or 877-585-9706. Search Vendors & Contracts https://www.sourcewell-mn.gov/cooperative-purchasing/062916-pep#tab-products-and-services 112 National Joint Powers Alliance' (herein NJPA) REQUEST FOR PROPOSAL (herein RFP) for the procurement of AUTOMOTIVE AND TRUCK REPLACEMENT PARTS AND TIRES WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES RFP Openinll DUNE 30, 2016 8:00 a.m. Central Time At the offices of the National Joint Powers Alliance' 202 121h Street Northeast, Staples, MN 56479 RFP #062916 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #062916 AUTOMOTIVE AND TRUCK REPLACEMENT PARTS AND TIRES WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES. Details of this RFP are available beginning May 19, 2016. Details may be obtained by letter of request to Jonathan Yalm, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until June 29, 2016 at 4:30 p.m. Central Time at the above address and opened June 30, 2016 at 8:00 a.m. Central Time. RFP Timeline May 19, 2016 Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Confnerce within the State of Oregon (note: OR entities this pertains to: http://www.nipacoop.org/oregon-advertising), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia. June 15, 2016 Pre -Proposal Conference (the webcast/conference call. The 10:00 a.m. CT connection information will be sent to all inquirers two business days before the conference). June 22, 2016 Deadline for RFP questions. June 29, 2016 Deadline for Submission of Proposals. Late responses will be 4:30 p.m. CT returned unopened. June 30, 2016 Public Opening of Proposals. 8:00 a.m. CT Direct questions regarding this RFP to: Jonathan Yahn at.ionathan.yahii ,njpacoop.org or (218) 895-4144. N-,,- J PA www.nipacoop.org National Joint Powers Alliances )U2 12Yh Slrrret NF Proposal Opening Witness P.O, 11". ? 19 Sliiplrs, M1v1 56-1i9 Date of opening: July 14, 2016 The witnesses signed below hereby witness they were present on the above date and in witness of the public opening of all responses received to the Request For Proposal #062916 for the procurement of AUTOMOTIVE AND TRUCK REPLACEMENT PARTS AND TIRES WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES Proposals are evaluated first on Level -One responsiveness, then on the other criteria included in the REP. Level -One responsiveness requires, among other tlungs, that the response be received before the deadline for the submission and that the response include completed copies (with signatures) of the requested forms. Responses were received from the following: AAP, Inc. — received 7/6/16 at 9:31am Proposer deemed responsive Auto Plus — Pep Boys — received 7/13/16 at 12:03pm Proposer deemed responsive Automotive Distribution Network, LLC— received 7/13/16 at 12:03pm Proposer deemed responsive Balcrank Corporation — received 7/11/16 at 11:09am Proposer deemed responsive Form C — not provided Form D — not provided Form F — not provided Insurance certificate — not provided Eleetrordc copy — not provided Bridgestone Americas Tire Operations, LLC — received 7/13/16 at 11:31am Proposer deemed responsive Proposer provided enough information to adequately evaluate the response Form C — no detail provided Form D — edits to form language Form F — not signed Insurance certificate — not provided Electronic copy — not provided Dakota Diesel Service — received 7/13/16 at 12:03pm Proposer deemed responsive Form F — not provided Factor Motor Parts — received 7/13/16 at 11:32am Proposer deemed responsive Genuine Parts Co. dba NAPA — received 7/12/16 at 11:21am Proposer deemed responsive Halin Automotive Wise: dba Nu -Way Auto Parts — received 6/29/16 at 2:42pm Proposer deemed responsive Insurance certificate — not provided O'Reilly Auto Enterprises, LLC DBA O'Reilly Auto Parts — received 7/12/16 at 11:21am 6,Proposer deemed responsive www.nipacoop.org �� PA National Joint Powers Alliance 20:1 I:M, HF The Goodyear Tire & Rubber Company — received 7/12/16 at 12:42pm Proposer deemed responsive Maples, rvtl l 56 179 Level -One responsive proposers with any mussing documentation must provide it within a reasonable period in order to remain responsive. W ITNPS S�S: i Jonathan Ya ,7C cts and Compliance Manager, NJPA Chris Robinson, Contracts and Compliance Lead Analyst, NJPA Ginger Li�n� CPPB, Sr. Contract Procurement Analyst, NJPA Gregg M ierh� ofer, CPPO, ontract Procurement Analyst, NJPA Kim Austin, Contract (Procurement Analyst, NJPA Sheila Christollersen, Procurement Support Specialist, NJPA Contract Award RFP 4062916 12 dsY1PA Formal Offering of Proposal `, _ ; \_/ (To be completed only by the Proposer) AUTOMOTIVE AND TRUCK REPLACEMENT PARTS AND TIRES WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES In compliance with the Request for Proposal (RFP) for AUTOMOTIVE AND TRUCK REPLACEMENT PARTS AND TIRES WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Auto Plus —Pep Bow Date: July 11, 2016 Company Address: 901 N. Lenola Rd City: Moorestown State: NJ Zip: 08057 Contact Person: Authorized Sign FORM E CONTRACT ACCEPTANCE AND AWARD (fop portion of this form will be completed by NJPA if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract #: 062916-PEP Proposer's full legal name: Auto Plus -Pep Boys Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth In this RFP, In any amendments to this RFP, and in any exceptions that are accepted by NJPA. The effective date of the Contract will be September 6, 2016 and will expire on September 6, 2020 )no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract maybe extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: Jeremy Schwartz NJPA DIREC R OF COOPE S (NAME PRIPTr ED OR TYPED) AND PROCURE SIGNATURE --�� Chad Coauette NJPA EXECUTIVE DIRECTORICEO 5IONAll1RE (NAME PRINTED OR TYPED) Awarded on September 6, 2016 NJPA Contract If 062916-PEP Vendor Authorized Signatures: The Vendor hereb ccepts this Contract a ard, Including all accepted exceptions and amendments. 11� AQr­ PAM jbq q rev PI_05 F4lil- -F►' , qn Vendor Name `ram PE -EOyS- ti Nk HoG R9 �K Authorized Signatory's Title VICE PAS QC-Kl—t HAT* co0f7 f 5 ` _ale , LEW VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on 9 NJPA Contract # 062916-PEP 11/16/2020 Print Staff Report OPTIONS: The City Council has the following options: 1. Adopt staff's recommendation; 2. Provide alternative direction. Prepared by: Mike Cresap Public Services Superintendent Fiscal Impact FISCAL IMPACT: The funds are budgeted as part of the Fiscal Year 2019 - 20 budget. The funds for these parts and repairs are annually budgeted in account 365.61.4170.6325 and 365.61.4170.6329. Attachments Attachment No. 1 - Sourcewell Goodyear Tires & Related Equipment, Supplies & Services Contract # 102517- GTC Attachment No. 2 - NASPO Bridgestone America Tire Operations, LLC Contract # 19102 Attachment No. 3 - Sourcewell Auto Plus -Pep Boys Fleet Services, Parts & Equipment Contract #062916-PEP CITY Protect Public Safety COUNCIL GOALS & OBJECTIVES: https:/Idestinyhosted.com/print_ ag_memo.cfm?seq=671 &rev_num=0&mode=Extemal&reloaded=true&id=93762 2/2 1/30/2020 102517-GTC I Sourcewell ATTACHMENT NO. 1 Sourcewell 0 Goodyear Tires & Related Equipment & Services #102517-GTC Maturity Date: 11/27/2021 Contract Documents v Contract Documents Tires and Related Equipment, Supplies, and Services Contract #102517-GTC Effective 11/27/2017-11/27/2021 Contract Documentation IN Request for Proposal (RFP) (485.98 KB) Contract Forms (649.12 KB) Contract Acceptance & Award (66.18 KB) Competitive Solicitation Documentation Affidavit of Advertisement (1.62 MB) https://www.sourcewell-mn.gov/cooperative-purchasing/102517-gtc#tab-contract-documents 1/3 National Joint Powers Alliance' REQUEST FOR PROPOSAL for the procurement of TIRES AND RELATED EQUIPMENT, SUPPLIES, AND SERVICES RFP Opening OCTOBER 26, 2017 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance@ 202 121h Street Northeast, Staples, MN 56479 RFP #102517 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of Y#102517 TIRES AND RELATED EQUIPMENT, SUPPLIES, AND SERVICES) Details of this RFP are available beginning September 14, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until October 25, 2017 at 4:30 p.m. Central Time at the above address and opened'iOctober 26, 2017 I,at 8:30 a.m. Central Time. RFP Timeline September 14, 2017 Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www iijpacoop.or /g oregon-advertising), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia.' October 4, 2017 Pre -Proposal Conference (the webeast/conference call). The 10:00 a.m. CT connection information will be sent to all inquirers two business days before the conference. October 18, 2017 Deadline for RFP questions 1 October 25, 2017' Deadline for Submission of Proposals. Late responses will be 4:30 p.m. CT returned unopened. October 26, 2017 Public Opening of Proposals. 8:30 a.m. CT Direct questions regarding this RFP to: Chris Robinson at chi-is.robinson(a)iiipacoop.oi or (218) 895-4168. �,O 1 PA www.nipacoop.org National Joint Powers Alliance 202 12111 Slw'cl Nl Proposal Opening Record P.C.). C3o^ .� 19 Slnples, tON 564719 Date of opening: October 26, 2017 The public opening of all responses received to the Request For Proposal # 102517 for the procurement of TIRES AND RELATED EQUIPMENT, SUPPLIES, AND SERVICES was witnessed by the following individuals: Carol Jackson, NJPA James Voelker, NJPA Sheila Christoffersen, NJPA Kelly McAllister, NJPA Chris Robinson, NJPA Responses were received from the following: ARI Phoenix, Inc. — received 10/24/17 at 11:49:17 AM Proposer deemed responsive Bridgestone Americas, Inc — received 10/25/2017 at 2:15:22 PM Proposer deemed responsive Form C not signed Certificate of insurance — not provided Excel Tire Gauge — received 10/25/2017 at 2:15:32 PM Proposer deemed responsive Certificate of insurance — not provided Hankook Tire America Corporation — received 10/24/2017 at 11:49:23 AM Proposer deemed responsive MagicGPS, LLC — received 10/23/2017 at 10:06:38 AM Proposer deemed responsive Certificate of insurance — provided; limits below required amount The Goodyear Tire & Rubber Company — received 10/19/2017 at 11:57:57AM Proposer deemed responsive Certificate of insurance — not provided — self insured retention in excess of required amount Proposals are evaluated first on level -one responsiveness and that determination is noted above. Level -one responsiveness requires, among other things, that the response be received before the deadline for the submission and that the response include completed copies (with signatures) of the requested forms. Proposers that are deemed level -one responsive must provide any missing documentation or remedy a noted deficiency within a reasonable time in order to remain responsive. Respondents must not provide additional substantive information when sending missing documentation. Chris RobiDnson, Procure neat Manager, NJPA Cl/" ctC/DV� Carol Jackson, P oeurement Analyst 111, NJPA Contract Award RFP;4102517 FORM i%d?FJPA��! Formal Offering of Proposal (To be completed only by the Proposer) TIRES AND RELATED EQUIPMENT, SUPPLIES, AND SERVICES In compliance with the Request for Proposal (RFP) for TIRES AND RELATED EQUIPMENT, SUPPLIES, AND SERVICES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. The Goodyear Tire & Rubber Company Company Name: Date: October 1, 2017 Company Address: 200 Innovation Way Akron State: OH Zip. 44316 Contact Person: Jeff "en Authorized Signatur -., l_ Assistar SEAL Title: Contract Manager Andy Traicoff (Name printed or 37 FORM E CONTRACT ACCEPTANCE AND AWARD (Top portion of this form will be completed by NJPA If the vendor is awarded a contract, The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract 102517-GTC Proposer's full legal name; The Goodyear Tire & Rubber Company Based an NJPA's evaluation of your proposal, you have been awarded a contract, As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, In any amendments to this RFP, and In any exceptions that are accepted by NJPA. The effective date of the Contract will be November 27, 2017 and will expire on November 27, 2021 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures; Jeremy Schwartz NW DiRfeTOR OF COO RATIVE CONTRACTS (NAME PRINTED OR TYPED) AND PRQCUREMENT/ Chad Coauette NJPA EXECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED OR TYPED) Awarded on November 22, 2017 NJPA Contract # 102517-GTC Vendor Authorized Signatures; The Vendor hereby accepts this Contract award, Including all accepted exceptions and amendments. Vendor Name The Goodyear Tire a Rubber Company Ton vice President salsa and Customer nevalopmene NA Andy Traiooff A URE (NAME PRINTED OR TYPED) —, 20 NJPA Contract # 102517-GTC ATTACHMENT NO. 2 NASPO ValuePoint NASPO PARTICIPATING ADDENDUM TIRES, TUBES AND SERVICES Va I u e hint Led by the State of Iowa. State of Utah Contract #: MA210 Master Agreement #19102 Contractor: BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC Participating Entity: STATE OF UTAH Participating Entity Contract #: MA210 The following products or services are included in this contract portfolio: • Tires. Tubes and Services. Master Agreement Terms and Conditions: 1. Scope: This addendum covers Tires, Tubes and Services led by the State of Iowa for use by state agencies and other entities located in the State of Utah authorized by that State's statutes to utilize State contracts with the prior approval of the State's Chief Procurement Official. An amendment to this PA is not required when offerings are adjusted in the Master Agreement, so long as all additions remain within the master agreement's original scope. 2. Pricing: Prices and rates from the Master Agreement shall flow down to this PA. An amendment to this PA is not required when pricing in the Master Agreement is adjusted i updated. 3. Contract Effective Dates: This PA is effective upon final signature of both parties, and expires upon the expiration or termination of the NASPO ValuePoint Master Agreement #19102. A contract amendment is not necessary in the event of the renewal or extension of the Master Agreement, so long as such renewal/extension was originally provided within the solicitation supporting the master agreement. 4. Administrative Fee: The Administrative Fee will be 1% and will apply to all purchases (net of any returns, credits, or adjustments) made under this PA. 5. Order of Precedence: The order of precedence as provided in the NASPO ValuePoint Master Agreement #19102 applies to this PA. The State of Utah Standard Terms and Conditions for Goods and Services shall have precedent and any conflicting provisions between the NASPO ValuePoint Master Agreement Terms and Conditions and the State of Utah Standard Terms and Conditions shall be resolved in favor of the State of Utah Standard Terms and Conditions. The State of Utah Standard Terms and Conditions have been attached to the end of this Participating Addendum and are hereby incorporated by reference. 6. Participation: This NASPO ValuePoint Master Agreement maybe used by all state agencies, institutions of higher institution, political subdivisions and other entities authorized to use statewide contracts in the State of Utah. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. Page 1 of 3 NASPO ValuePoint NASPO PARTICIPATING ADDENDUM Value ftnt TIRES, TUBES AND SERVICES Led by the State of Iowa. State of Utah Contract #: MA210 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating Entity: Contractor: BricIcIestone Americas Tire Operations LLC Signature: Signature: christOjqhelr ffuahos Christopher Hughes (Apr 1 , 2019) Name: Name: Christopher Hughes Gregg Trosper Title: Title: Director of Purchasing Manager Gov & Military Sales Date:Apr 12, 2019 44/8119 For questions on executing a participating addendum, please contact: N4RP(1 VaI—Pnint Cooperative Development Coordinator: Shannon Berry Telephone: 1 775-720-3404 Email: I sberry nas ovaluepoint.org Please email fully executed PDF copy of this document to PA a(�naspovaluepoint.orp to support documentation of participation and posting in appropriate data bases. Page 3 of 3