R2019-108 Resolution Authorizing Execution of a Tire Lease Agreement with Bridgestone Americas Tire Operations, LLC and the City of Decatur, Illinois

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Tise Lease Agreement I�'B DPTS 2019-Q2 Bridgestone shalt have the right,at its option,without prejudice to any ather rights and remedies,to stap shipping tires, (b.)such event shail constitute a default by the City hereunder. Upon the occurrence of any such default, Bridgestane shaCl upon thirty{30)days'prior written notice to the City terminate this Agreement and, upon any exercise of such ri�ht to terminate,the City shall at the sole election oF Bridgesfior�e forthwith return Sridgestone's praperty furnished hereunder,ar rrtake payment therefore as of the date of terrnination on the basis and witfiin the tirne set forth in Paragraph 11 hereof. Terminafian of this Agreement shall not relieve the City frorn its�b(igations to make all payments required hereunder or from liability for damages for breach of this Agreement in accordance with the terms thereaf. Fa'siure of Bridgestone to.terminake this Agreement as herein provided an any breach by the City shall nat operate as a waiver by Bridgestone of its right to terminate this Agreement as herein provided upan any subsequent breach by the Ciry. 2�.TERMINATIO�I. Upon the termination by FuI1 performanc�and expiration af this Ags-eement, untess the parties enter into a new Tire Lease Agreement to become effective immediately,the City shall within thirty(3C}}days after termination pay for the unused mileage in each remaining tire on vehicles, in the City's garage, in pracess of repair or retreading, in transit ar in stock,that have been assigned by Bridgestone to the City`s fkeet in accardance with the provisians hereof. The rert7aining mileage far original and retread tires shall be determined by multiplying the number of 32nds of an inch of a�ailable rubber remair�ing on eaeh tire by the applicable cost per 32"d then in eFfect and shown below. CONTRACT F1XED CQST PER 32N°-ORIGINAL TIRES TIRE YEAR YEAR YEAR YEAR YEAR SIZE C3NE TW{3 THREE FOUR FIVE 315/80R22.5 ClTY TRANS $21.06 $2Q.81 $22.78 $23.59 $24.54 275/70R22.5 R192 $19.64 $20.42 $21.24 $22.09 $22.9� 9R22.5 R250F $1854 $19.28 $20.05 $20.85 $21.69 CONTRACT FIXED COST PER 32ND-RETREAp TIRES TIRE YEAR YEAR Y£AR YEAR YEAR SIZE ONE TWO THREE FOUR FIVE 315/80R22.5 ULTRADRlVE $15.69 $16.31 $16.97 $17.65 $1$.35 275j7fIR22S UE.TRADR(VE $11.54 $12.00 $12.48 $12.98 $1350 9R22.5 ULTRADRIVE $21,54 $12A0 $12.4$ $12.95 $13,5Q When a tire is not available for inspection to apply the abave calculation(s)whether lost, stolen ar otherwise missing,or destroyed by fire,or'snvolved in an accidenc, reimbursement shali not be more than fifty percent(50%)of the current value af a similar tire, unless Bridgestone or the City can pr�vide an auditable accounting of the tire`s accurate mileage just p�iot to the 1oss. The faregoing notwithstanding,the City may upon thirty(3Q)days written notice via CERTIF4ED MAII pr'ror to the expiration date ofi this Agreement,and ai1 addenda,elect to conkinue using("run out"}all 5