R2026-77 Resolution Authorizing Execution of a Purchasing Order between the City of Decatur, Illinois and Bridgestone Americas Tire Operations, LLC for Tire Lease for Transit Buses

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Tire Lease Agreement IFB TR 2025-01 The City shall be responsible for tires that are: • Lost or stolen • Damaged beyond repair due to accident, fire, or misuse Payment for such tires shall be made in accordance with Section 11. 9. CONTINGENCIES. In the event of fire, strikes, accidents, consequences of foreign or domestic wars, terrorism, or any cause beyond either party's reasonable control which will delay or interfere with its performance of its obligations hereunder,such performance may,at the option of either party, be suspended during the period required to remove such cause. In the event Bridgestone discontinues the manufacture and marketing of any size or type tire supplied pursuant to this Agreement,Bridgestone shall so notify the City and, upon written notice by either party to the other,this Agreement and all related agreements between the parties shall be deemed terminated upon the same terms and conditions set forth in Paragraph 11 hereof,effective ninety(90)days from receipt of such written notice. This Agreement is subject to all present or future governmental regulations affecting production,delivery, sale, use or possession of the products leased hereunder. the City shall promptly notify Bridgestone of any accident or claims resulting from an alleged tire failure. The City agrees to defend, save and hold Bridgestone harmless from all claims or actions for damages to property or injury to persons, including death,arising out of the use or possession of products furnished hereunder or the performance of any service related thereto,except for claims or actions that result from defects in material or workmanship of any tire manufactured and furnished by Bridgestone under this Agreement and/or the negligent acts or omissions of Bridgestone, its agents or employees. 10. DEFAULT. In the event the City should fail to make any payment required hereunder when due,fail to use or service tires furnished hereunder in accordance with Bridgestone's recommendations,fail to report a record of the daily revenue and non-revenue vehicle miles as required in Paragraph 2 hereof,or otherwise fail to comply with any of the terms and conditions of this Agreement,or in the event any voluntary or involuntary proceedings shall be filed against or by the City under any bankruptcy law or other law for the relief of debtors, or the City's credit shall in any manner become impaired, (a.) Bridgestone shall have the right,at its option,without prejudice to any other rights and remedies,to stop shipping tires,(b.)such event shall constitute a default by the City hereunder. Upon the occurrence of any such default, Bridgestone shall upon thirty(30)days'prior written notice to the City terminate this Agreement and, upon any exercise of such right to terminate,the City shall at the sole election of Bridgestone forthwith return Bridgestone's property furnished hereunder, or make payment therefore as of the date of termination on the basis and within the time set forth in Paragraph 11 hereof Termination of this Agreement shall not relieve the City from its obligations to make all payments required hereunder or from liability for damages for breach of this Agreement in accordance with the terms thereof. Failure of Bridgestone to terminate this Agreement as herein provided on any breach by the City shall not operate as a waiver by Bridgestone of its right to terminate this Agreement as herein provided upon any subsequent breach by the City. 11. TERMINATION. Upon the termination by full performance and expiration of this Agreement, unless the parties enter into a new Tire Lease Agreement to become effective immediately,the City shall within thirty(30)days after termination pay for the unused mileage in each remaining tire on vehicles, in the City's garage, in process of repair or retreading, in transit or in stock,that have been assigned by Bridgestone to the City's fleet in accordance with the provisions hereof. The remaining mileage for 4