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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Tire Lease Agreement IFB DPTS 2019-02 the t'sres in the City's possessiort at the rate ar rates in efFect during the period prior to terminatian untiE permanently remaved from service, but in no ever�t,shall such period exceed thirty-six(36)months after the normal termination date ofi this Agreement. During said thirty-six{36}month run out period,the City shall,to the extent practicable,continuously use such tires on its highest mileage runs until they are rendered permanently unfit for service. puring saici +�un out pe�iad a!l terms and c�nditions of this Agreement shal[cantin�e in ef#ect; provided, however, that Bridgestone shail not be obligated to furnish any equipment,suppiies,or service to the City or to furnish repEacement tires fiar those tEres rerr�oved from�ervice. At the expiration of said run out periad,the City shall pay for;ernaining original tread tires and for tubes at the price and in the manner set forth above. Ar�y payment far tires and tubes required to be purchased by the City under this Faragraph 11 or any other provision of this Agreement shall be made within thirty(3�)days after date of invvice covering purchase thereof. The City shall acquire each such used tire as is,and Bridgestone makes no warranties as to the condition ar fitness fqr continued use af such tires. The City rrtay terminate this Agreement,in whole or in part, at any time by written notice to Bridgestone when it is in the City's best interest. If this Agreement is kerminated,then the City shall be liable only for payrnent under the payment pravisions af this Agreement fo�services rendered before the effective date af terminatian and include Che remaining value of tread an leased tires mounted on buses and in spare stack. 1f Bridgestone fails to perform in the manner called for in the Agreerrrent,or if Bridgestone fails to comply with any other material provisions af the Agreement, the City may terminate this Agreement for default. Termination shall tae effected by 5erving a notice af termination or� Bridges#ane setting�orth the way Bridgestone is in default. Bridgestpne shall only be paid the contract price for services perfarmed in accordance with the manne�of performar�ce set fort#�in the Agreement and including the remaining value of tread nn leased tires mounted an buses and in spare stock. If it is later determined by the City that Bridgestone had an excusable reason for not performing,such as a striice,fire,ar flood, events which are not the fault of or are beyond the contrnl of Bridgestone, the City,after setting up a new performance schedule,may altow Bridgestone to contis�ue wark,ar it may treat the termination as a termination for convenience. In the case of a terminatian far breach or default,the City shall allow Bridgestone an oppartunity to cure the defect. In such case,the notice of termination shaN state the time in which cure is perrrtitted and all athe�appropriate conditions. The time in which cure is permitted shall be no less than ten(10) days and r�o mare than thirty{30}day5 following receipt by S�idgestone of written natice from the City setting forth the nature of said breach or default. .If Bridgestone fails to remedy ta the City's satisfaction the breach or default of any af the terms,covenants,or car�ditions of this Agreement within the specified time in which cure is permitted,the City shall have the right to terminate the Agreement without any further obligat'son Co Bridgestone. Any such tercrsination fior default shall not in any way aperate to preclude the City fram alsa pursuing al!available remedies against Bridgeston�and its sureties for said breach or default. 6