HomeMy WebLinkAboutContracts & Agreements_197-2012_CCv0001.pdf AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
This agreement for the provision of tire maintenance and repair services("Agreement") is made and
entered in this 4th day of December, 2012 ("Effective Date"), by and between the City of Redlands,
a municipal corporation ("City)"and Parkhouse Tire, Inc. (7Contractor"). City and Contractor are
sometimes individually referred to herein as a "Party"and, together,as Parties."In consideration
of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE I --ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to provide tire maintenance and repair services for City(the
"Services").
1.2 The Services shall be performed by Contractor in a professional manner,and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
contractors in the industry providing like and similar types of Services.
ARTICLE --- SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit"A,"
entitled"Scope of Services,"which is attached hereto and incorporated herein by reference,
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the
performance of this agreement including,but not limited to any applicable state prevailing
wage laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor public information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Fred Cardenas,City's Quality of Life Director, as City's representative with
respect to performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4 PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner as
reasonably requested from time to time by City. The Services shall commence within ten
(10)days of the Effective Date of this Agreement,
4.2 Durinc, the term of this Agreement,City may request that Contractor perform Extra
Services. As used herein, "Extra Services*' means any work that is determined necessary by
City for the proper completion of the Services, but which the Parties did not reasonably
anticipate would be necessary at the time of execution of this Agreement.Provided the Extra
Services do not exceed twenty percent(20%) of the compensation to be paid by City to
Contractor for the Services, such Extra Services may be agreed to by official in accordance
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with Chapter 2.16 of the Redlands Municipal Code, Contractor shall not perform, nor be
compensated for,Extra Services without such written authorization from City.
4.3 The term of the Agreement shall be for a period of two (2)years from the Effective Date of
this Agreement(the"Initial Term"). The City shall have the option to extend the Initial
Tenn of this Agreement by two (2)one-year additional terms (an"Extended Term"), on the
same terms and conditions, by providing written notice to Contractor at least thirty(30)days
prior to the expiration of the Initial Tenn or any Extended Tenn.
ARTICLE 5 ---PAYMENTS TO CONTRACTOR
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of One Hundred Fifty Thousand Dollars ($150,000)for parts and supplies and
Twenty Thousand Dollars ($20,000) for labor,for a total of One Hundred Seventy Thousand
Dollars($170,000).City shall pay Consultant on a time and materials basis up to the not to
exceed amount based upon the unit prices and hourly rates shown in Exhibit"A."
5.2 Consultant shall submit monthly invoices to City describing the Services performed during
the preceding month. Consultant's invoices shall include a brief description of the Services
performed,the dates the Services were performed, the number of hours spent and by whom.
City shall pay Consultant no later than thirty(30)days after receipt and approval by City of
Consultant's invoice.
5.3 Payment to Parkhouse Tire, Inc. may be adjusted annually up to an amount equivalent to the
amount increase in the Consumer Price Index from the previous year to the current year. The
Consumer Price Index to be used for annual adjustments of any payments under this
agreement is the CPI-U (Consumer Price Index for All Urban Consumers)Los Angeles-
Riverside-Orange County.
5.4 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
City Consultant
Fred Cardenas, Director Brian Parkhouse, President
Quality of Life Department Parkhouse Tire, Inc.
City of Redlands 13655 Santa Ana Ave.
35 Cajon Street, Suite 222 Fontana,CA 92337
P.O. Box 3005 (mailing)
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices and
payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6 -- INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration of
its performance of the Services. Contractor shall not perform any Services unless and until
the required insurance listed below is obtained by Contractor. Contractor shall provide City
with certificates of insurance and endorsements evidencing such insurance prior to
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commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty (30)days prior written notice to
City.
62 Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with the
laws of the State of California,with an insurance carrier acceptable to City as described in
Exhibit"B," entitled"Workers' Compensation Insurance Certification,"which is attached
hereto and incorporated herein by this reference.
6.3 Contractor shall secure and maintain comprehensive general liability insurance with carriers
acceptable to City. Minimum coverage of One Million Dollars (51,000,000)per occurrence
and Two Million Dollars ($2,000,000)aggregate for public liability,property damage and
personal injury is required. City shall be named as an additional insured and such insurance
shall be primary and non-contributing to any insurance or self-insurance maintained by City.
6.4 Contractor shall have business auto liability coverage,with minimum Emits of One Million
Dollars($1,000,000)per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non-owned vehicles, and
employee non-ownership vehicles. City shall be names as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self insurance
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maintained by City,
6.5 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned by
and negligent act, omission or failure to act by Contractor, its officers, employees and agents
in performing the Services.
ARTICLE 7--CONFLICTS OF INTEREST
TI Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of'income,
interest in real property or investment that would be affected in any manner or degree by the
performance of Contractor's Services. Contractor further covenants and represents that in
the performance of its duties hereunder,no person having any such interest shall perform
any Services under this Agreement.
7 Contractor agrees it is not a designated employee within the meaning of the Political Reform
Act because Contractor:
A. Does not make or participate in:
(i) the making or any City governmental decisions regarding approval of a rate.
rule or regulation,or the adoption or enforcement of laws;
(d) the issuance, denial, suspension or revocation of City permits, licenses,
applications,certifications, approvals, orders or similar authorization or
entitlements,
(iii) authoring City to enter into, modify or renew a contract:
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(iv) granting City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract:
(v) granting City approval to a plan,design, report, study or similar item,
(vi) adopting,or granting City approval of policies., standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity,participate in making a
governmental decision or otherwise perform the same or substantially the same duties
for City that would otherwise be performed by an individual holding a position specified
in City's Conflict of interest Code under Government Code section 87302.
7.3 In the event City officially determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700, State of
Economic Interests with the City Clerks' office pursuant to the written instructions provided
by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief,be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Documents,records, drawings,designs, cost estimates, electronic data files, databases and
any other documents developed by Contractor in connection with its performance of the
Services, and any copyright interest in such documents, shall become the property of City
and shall be delivered to City upon completion of the Services, or upon the request of City.
Any reuse of such documents,and any use of incomplete documents, shall be at City's sole
risk.
8.4 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall have
control over the conduct of Contractor or Contractor's employees, except as he-rein set forth.
Contractor shall supply necessary, tools and instrumentalities required to perform the
Services. Assigned personnel employed by Contractor are for its account only, and in no
event shall Contractor or personnel retained by it be deemed to have been employed by City
or engaged by City for the account of,or on behalf of City, Contractor shall have no
authority, express by City for the account of, or on behalf of City. Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent,nor shall Contractor have any authority, express or implied,to bind City to any
obligation.
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8,5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City, provided, however, this Agreement may
be terminated by City, in its sole discretion.by providing ten(10)days prior written notice
to Contractor(delivered by certified mail, return receipt requested)of City's intent to
terminate. If this Agreement is terminated by City, an adjustment to Contractor's
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compensation shall be made,but(1) no amount shall be allowed for anticipated profit or
unperformed Services. and (2)any payment dude Contractor at the time of termination may
be adjusted to the extent of any additional costs to City occasioned by any default by
Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue
its provision of the Services. Contractor shall be compensated on a pro-rata basis for
Services completed up to the date of termination.
8.6 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years,or for any longer period required by law, from the date of final payment to Contractor
pursuant o this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor.
8.7 This Agreement, including the Exhibits incorporated herein by reference,represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations,written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein,an amendment
to this Agreement shall be in writing,approved by City and signed by City and Contractor.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF,duly authorizes representative of the City and Contractor have signed in
confirmation of this Agreement.
CITY OF REDLANDS PARKHOUSE TIRE, INC.
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By: Ptl A6- By:
Mayor of the City of Redlands Brian Parkhouse, President
Attest:
Sam Irwin, it-- -lerk
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EXHIBIT"A"
Scope of Services
• Contractor shall provide the parts listed below to City when requested by City staff.
• Contractor shall be paid the costs designated below as compensation for the provision of
Contractor's Services.
• Contractor shall be paid the cost designated below as compensation for its provision of hourly labor.
Contractor shall submit in writing documentation of any expenses incurred for labor and/or services
• Contractor must be responsive to the requests of staff and return voicemails/emails or other requests
for services in a timely manner.
PARTS LIST AND FIXED UNIT PRICES
PART OFFERFD UNFI-COST OF UNIT COSI'OF
L'Nrr DESCRU"FION YES/NO NEW TIRE RE-CAP TIRE
EACH PCTIRE-21125160R16 EAG RSA Y
93,96
EACH PCTIRE235/55RI7 98W Y 107.29
EACH RE/CAPTIRE I I R22.5 1-lWY Y 135.00
EACH RE/CAPTIREI I R22.5 LUG Y- 175.00
EACH RE/CAP 315/80R.225 HSY STEER ZXLE Y 19100
EACH TIREIIR22.5 G177 LUG H Y 401.83
EACH TIRE I I R22.5 6661 H Y 371.75
EACH TIRE I FR22.5 W/H 14 YOKO Y 371.75
EACH TIRE12R22.5 G661 Y 417.84
EACH 1.55/80R13 TRENDSETTER Y 57.00
EACH TIRE 185175R14 REG2 Y 62.75
EACH TIRE215/75RI5 INTERG Y 105.00
EACH TIRE225/170R19.5 G647 RSS Y 259.74
EACH TIRE275/80R22.5 G XZE2 Y 361.75
EACH TIRE315/80RI.2.5 G296 Y 47135
EACH TIRE385/65R22.5 G296 Y 50635
EACH TIRE425/05R22.5 G286 Y 526.75
EACH TIRE75OR16 WRA HT Y 155.15
EACH 875R16.5 TRAILMARK AP Y 124.26
EACH 950R16.5 TRAILMARK AP Y
11 ).49
EACH TIRE9F,22.5 G149 Y 271.50
EACH TIRELT215R5RI 5 WRA HT Y 105.00
EACH TIRELT2 1511185R 16 WRA SA Y 101.49
EACH TIRELT225/'75RI6 G949 Y 200.91
EACH TIRELT235175R 15 WRA SA Y 134.63
EACH TIRELT235/85RI6 WRA SA Y 112.30
EACH TIRELT245/75 RI 7 WRA SA Y 120.98
EACH TIRELT265/75816 SA Y 123.52
EACH TIREPT215/608I6 95V Y 86.42
EACH TIREP215/758I4 TNS Y 73,75
EACH T1REP235n0R16 WRA SA Y 135.65
EACH TIREP235n5RI5 WRA SA Y 10138
EACH TlREP245/775R16 WRA SA Y
107,70
EACH 'rlREP265/70R17 RSA Y 134.45
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EACH TURFTIREI2XI200 Y
128.21
EACH TUJRFT1RE18X9.50X8 Y 3435
EACH TURFTIRE213X 10,50X 12 Y 60,75
EACH T[TRFTjRE"1X8.
_jOX 12 Y 5 2 7 8
) ---- -,I - -I r-5 2-,7' 5
EACH TURF 23X9.50X 12 Y
EACH Tt'RFTIRE480-1-')B Y 29.04
E-ACLf I---TU RFTIRE5'17OX8 Y 28.75
EACH -'rURFTIRE8.00-X6 W/'J-tJBE )?--- �55.74 -
EACH TURETIRE24XI2.00-12INHS Y 129.21
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Total Cumulative Price on all units: $ 7,341.47
Hourly Rate to perform Tire mount&dismount service
Hourly-Rate$ $75.00/HOUR
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