HomeMy WebLinkAboutR-01-1186J-01-951
11/7/01
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RESOLUTION N0.
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 2 TO AN EXISTING AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, EXTENDING THE
CONTRACT WITH GENUINE PARTS COMPANY, D/B/A NAPA
AUTO PARTS, PURSUANT TO RESOLUTION NO. 98-1198,
ADOPTED DECEMBER 8, 1998, FOR THE PROVISION OF
IN-HOUSE PARTS OPERATIONS IN PARTNERSHIP WITH THE
DEPARTMENTS OF FIRE -RESCUE AND GENERAL SERVICES
ADMINISTRATION AND PROVIDING FOR AN INCREASE IN
THE ANNUAL AMOUNT NOT TO EXCEED $583,632, FROM
$1,523,236.50 TO $2,106,868.50, FOR THE THIRD
CONTRACT YEAR, BEGINNING MARCH 5, 2001, AND THE
FOURTH CONTRACT YEAR, BEGINNING MARCH 5, 2002;
ALLOCATING FUNDS FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION ACCOUNT CODE
NOS. 503001.420905 AND 509000.420901, IN THE
AMOUNT OF $1,706,868.50, AND FIRE -RESCUE ACCOUNT
CODE NO. 001000.280701, IN THE AMOUNT OF
$400,000, SUBJECT TO AVAILABILITY OF FUNDS.
WHEREAS, Resolution No. 98-1178, adopted December 8, 1998,
authorized the City Manager to enter into an Agreement with
Genuine Parts Company d/b/a NAPA Auto Parts ("NAPA"), for the
provision of in-house parts operations in partnership with the
Departments of Fire -Rescue and General Services Administration
("GSA"); and
WHEREAS, on March 5, 1999, the City entered into an
agreement with NAPA for the provision of in-house parts, with
operations commencing May 1, 1999; and
ATTACH ARE '�`17
`COMOR 1'
ING or
01V 15 11- I
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WHEREAS, Resolution No. 00-82, adopted January 27, 2000,
authorized the City Manager to execute Amendment No. 1 to the
agreement, increasing the contract amount to $2,265,236.50 for
the second term of the contract; and
WHEREAS, an increase was necessary because the Fire -Rescue
portion of the original amount of the NAPA agreement was based on
the budgeted amounts in five specific accounts, rather than
actual expenditure levels of all ten accounts that fund these
expenditures; and
WHEREAS, the structure of the City's Five Year Plan and the
related minimum increase in these five specific account budgets
did not take into consideration the aging of the City's rescue
vehicles, the increase of large repairs to pumps and motors, and
inflation of parts costs; and
WHEREAS, an increase was also necessary in the GSA portion
due to the aging of the vehicle fleet and inflation, increase in
the number of light fleet vehicles by thirty --nine percent; and
WHEREAS, vehicle warranties have expired on over 296
vehicles since the inception of the contract and heavy fleet
equipment and vehicle inventory has increased at least twenty
percent during this time period; and
WHEREAS, due to the above variables and additional
historical information, it is estimated that an increase in the
annual amount not to exceed $583,362.00; and
Page 2 of 4 _ _�
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WHEREAS, funds are available from Department of General
Services Administration Account Code Nos. 503001.420905 and
509000.42091 and Fire -Rescue Account Code No. 001000.280701,
subject to the availability of funds;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorizedl� to execute
Amendment No. 2 to an existing Agreement, in substantially the
attached form, extending the contract with Genuine Parts Company,
d/b/a NAPA Auto Parts, pursuant to Resolution No. 98-1198,
adopted December 8, 1998, for the provision of in-house parts
operations in partnership with the Departments of Fire -Rescue and
General Services Administration and providing for an increase in
the annual amount not to exceed $583,632, from $1,523,236.50 to
$2,106,868.50, for the third contract year, beginning March 5,
2001, and the fourth contract year, beginning March 5, 2002, with
funds allocated from the Department of General Services
Administration Account Code Nos. 503001..420905 and 509000.420901,
ii The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
Page 3 of 4 t} _.
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in the amount of $1,706,868.50, and Fire -Rescue Account Code
No. 001000.280701, in the amount of $400,000, subject to
availability of funds.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 15th day of November , 2001.
JOE CAROLLO, MAYOR
In acro"Jrdance vtiP;'t i'.:`!'Ohn r}/f w or did not n„e•f.f�:r 3�
i.c3(iiV
i f�usi'i iiii4} Siim, lViffiUUI ii is I J;moi f'S_ i r .ti , /C63.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVE AS/TO F
ANDRO Uk
TTY ATTORNEY
W5773:L3
LLO
AND CORRECTNESS:
21 If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 4 of 4
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AMENDMENT NO. 2 TO AGREEMENT BETWEEN
THE CITY OF MIAMI AND THE GENUINE PARTS COMPANY
This second amendment is entered into this day of , 2001, by and
between the City of Miami, a municipal corporation of the State of Florida (the `CITY"), and the
Genuine Parts Company, d/b/a NAPA Auto Parts, a Georgia corporation (the "PROVIDER"), for
the purpose of amending Section 5 of that certain agreement between the CITY and PROVIDER
dated March 5, 1999 (the "AGREEMENT"), as follows:
TERMS
Section "5. COMPENSATION" is deleted in its entirety and amended to read:
5. COMPENSATION: The contract is hereby increased from $1,523,236.50 to
$2,106,868.50 for an amount not to exceed $583,632.00, for each of the contract
years 3 and 4 beginning March 5, 2001 and March 5, 2002.
Except as specifically provided herein, all of the terms and provisions of the Agreement
shall remain in effect.
OVERSIGHT BOARD APPROVAL, The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
and approve all pending CITY contracts. As a result, contracts shall not be binding on the CITY
until such time as the Oversight Board has approved them. Attestation of this Agreement by the
City Clerk shall constitute evidence of its approval by the Oversight Board.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized, this day and year above written.
0 -1 - Vt 8 6
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Name:
Corporate Secretary
ATTEST:
Florida:
WALTER J. FOEMAN
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
IC
ALEJANDRO VILARELLO
City Attorney
GENUINE PARTS COMPANY, a
Corporation of the State of Georgia
By:
Name:
Title:
FOR THE CITY OF MIAMI, a
Municipal Corporation of the State of
MO.
CARLOS A. GIMENEZ
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Bv:
MARIO SOLDEVILLA
Administrator
Risk Management
9 •
CERTIFICATE OF RESOLUTION
I hereby certify and attest that I am the duly elected and qualified Secretary of Genuine Parts
Company, a corporation organized and existing under the laws of the State of Georgia and that
Scott Smith, is duly authorized by the Executive Committee of the Board of Directors of the
corporation to negotiate and enter into and/or guarantee on behalf of the corporation
agreement(s) for the sale of auto parts and any other equipment upon such terms and conditions
in his discretion may deem to be in the best interests of the corporation, and to execute all
documents and take such other action on behalf of the corporation as may be necessary or
convenient to effectuate and comply with such agreement.
I further certify and attest that neither the charter nor the by-laws require any consent of the
shareholders for such sale by the corporation.
IN WITNESS WHEREON, I have hereunto set my hand as Secretary and caused the
corporate seal of the said corporation to be affixed hereto this 28th day of September, 2001.
(Corporate Seal)
4��1
CAROL YA ,SEC ARY
�I. -x.186
0 CITY OF MIAMI, FLORIDA OC =12
INTER -OFFICE MEMORANDUM
OCT 31 2001 1
TO: Honorable Mayor and
Members of the City Commission
11111111011111111 �111
DATE:
FILE: FM.109.doe
Amending No. 2 to Existing
SUBJECT: Agreement between City of
Miami and NAPA Auto Parts
REFERENCES:
Resolution
ENCLOSURES:
I
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution, authorizing the
City Manager to execute Amendment No. 2 to an existing Agreement, in a form acceptable to the City
Attorney, with Genuine Parts Company d/b/a Napa Auto Parts. This Agreement is for the provision of
in-house parts operations in partnership with the Departments of Fire -Rescue and General Services
Administration ("GSA"). Amendment No. 2 provides an increase in the annual amount not to exceed
$583,632.00 ($500,000.00/GSA and $83,632.00/Fire-Rescue), from $1,523,236.50 to $2,106,868.50 for
each of the contract years 3 and 4 beginning March 5, 2001 and March 5, 2002. Funds will be allocated
from the Department of General Services Administration, Account Nos. 503001.420905 and
509000.420901 ($1,706,868.50); and Fire -Rescue, Account No. 001000.280701 ($400,000.00), subject
to availability of funds.
BACKGROUND
On December 8, 1998, the City Commission adopted Resolution No. 98-1178, which authorized the City
Manager to enter into an Agreement with Genuine Parts d/b/a Napa Auto Parts ("NAPA"), to establish an
in-house parts operations in partnership with the Departments of Fire -Rescue and General Services
Administration ("GSA"). Subsequently on March 5, 1999, the City entered into the Agreement with
NAPA, with actual operations commencing May 1, 1999. On January 27, 2000, the City Commission
adopted Resolution No. 00-82 which authorized Amendment No. 1 increasing the contract amount to
$2,265,236.50 (GSA $1,906,868.50 and Fire -Rescue $358,368.00) for contract year 2.
This increase was necessary because the Fire -Rescue portion of the original amount of the NAPA
agreement was based on the budgeted amounts in five (5) specific accounts, rather than actual
expenditure levels of all ten (10) accounts that fund these expenditures. Additionally, the structure of the
City's Five Year Plan and the related minimum increases in these five (5) specific account budgets did
not take into consideration the aging of the City's rescue vehicles, the increase of large repairs to pumps
and motors, or inflation of parts costs.
An increase was also necessary in the GSA portion due to the aging of the vehicle fleet and inflation. In
addition, the number of light fleet vehicles had increased 39%, and vehicle warranties have expired on
over 296 vehicles since the inception of the contract. Further, heavy fleet equipment and vehicle
inventory increased 20% during this time period.
FM. t09.doc
The Honorable Mayor and Members
Of the City Commission
Page 2 of 2
Due to the above variables and additional historical information, the Department of Fire -Rescue and
General Services Administration ("GSA") estimate that an increase in the total amount not to exceed
$583,632.00 ($500,000.00/GSA and $83,632.00/Fire-Rescue), from $1,523,236.50 to $2,106,868.50, is
needed for each of the contract years 3 and 4 beginning March 5, 2001 and March 5, 2002.
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FM.109.doe
0 CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Judy S. Carter, Director
Department of Purchasing
FROM: Ch Arn
Bryson, it t r
Department of Fire -Rescue
DATE:,,August 30, 2001-n>�- ill"'11110.doc
SUBJECT: Contract Agreement with NAPA
Auto Parts to Increase Contract
Amount
REFERENCES:
ENCLOSURES:
The Departments of Fire -Rescue and General Services Administration ("GSA") have verified
that funding is available to increase the total amount to an existing Agreement with Genuine
Parts Company d/b/a Napa Auto Parts, for the provision of in-house parts operations in
partnership with the Departments of Fire -Rescue and General Service Administration ("GSA")
for an increase in the annual amount not to exceed $583,632.00 ($500,000.00/GSA and
$83,632.00/Fire-Rescue), from $1,523,236.50 to $2,106,868.50 for each of the contract years 3
and 4 beginning March 5, 2001 and March 5, 2002. Funds are available from Department of
General Services Administration, Account Nos. 503001.420905 and 509000.420901
($1,706,868.50); and Fire -Rescue, Account No. 001000.280701 ($400,000.00), subject to the
availability of funds.
6:64
Approval: , a _..
Alex ine , Acti Di ctor Jate
Budget Approval:
,.,,Linda M. Haskins, Director/Designee Date
CIP Approval:
Pilar Saenz, CIP Administrator
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Date
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14A 2-22-01 14411 eMUNIMIAMI FIKU MESCUE 1U0jWbq1b1W
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J-00-011
12/30/99 ��••
RESOLUTION NO. `�`�
A RESOLUTION OF THE MIAMI CITY COW-ISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO AN EXISTING AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
GENp72TE PARTS COMPANY D/D/A 1GLPA AUTO PARTS,
FOR THE PROVISION Off' IN-HOUSE PARTS
OPERATIONS PARTNERSHIP FOR THE DEPARTMENTS OF
FIRE --RESCUE AND GENERAL SERVICES
ADMINISTRATION TO PROVIDE INCREASES IN THE
CONTRACT AS ' FOLLOWS : (1) FROM $1,523,236.50
TO $1,648,236.50, FOR AN AMOUNT NOT TO EXCEED
$125,000, FOR THE CONTRACT YEAR BEGINNING
MARCH 5, 1999; (2 ) AN AMOUNT NOT TO EXCEED
$617,000, FOR THE CONTRACT YEAR BEGINNING
MARCH 5, 2000; ALLOCATING FUNDS THEREFOR FROM
THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION ACCOUNT NOS. 503001.420905 AND
509000.420901, AND FIRE -RESCUE ACCOUNT
NO. 001000.280701.
VAU9 3/8
WHEREAS, Resolution Number 98-1.178, adopted on
December 8, 1998, authorized the City Manager to enter into an
Agreement with Genuine Parts Company d/b/a NAPA Auto Parts
("NAPA"), to establish an in-house parts operations in
partnership with the Departments of Fire -Rescue and General
Services Administration ("GSA~); and
Whereas, on March 5, 1999, the City entered into an
agreement with NAPA for the provision of in-house parts, with
operations commencing May 1, 1999; and
ca I, corbumon
3TM-=G OF
JAN 2 7 2000
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MAR -22-01 24, I2 FROX@KIAMI FIRE RESCUE 10.30541818 PACE 4/EJ
WHEREAS, the GSA portion of the original amount of the NAPA
u
agreement was based on the budgeted amounts in eight (8)
accounts, rather than actual expenditure levels of all sixteen
(16) accounts which .fund. these expenditures; and
WHEREAS, the structure of the City's Five Year Plan and the
related minima], increases in these eight (8) specific account
budgets did not take into consideration the aging of the City's
heavy fleet, nor the increase of over 300 vehicles in the City's
light fleet in fiscal year 1998-1999, nor the minimum increase of
150 vehicles of the light fleet in fiscal year 1999 -2000; and
WHEREAS, based on GSA's expenditures to date under the NADA
contract, it is estimated that a $125,000 contract increase, in a
total amount not to exceed $1,648,236, effective March 5, 1999,
and an increase in the coral amount not to exceed $617,000, from
$1,648,236.50 to $2,265,236.50, for the contract year beginning
March 5, 2000, .is needed;
WHEREAS, funds are available from Department of General
Services Administration Account Nos_ 503001.420905 and
509000.420901, and Fire -Rescue Account No. 001000-280701;
Page 2 of 4
MAR-22-01 14ji3 FROMaMIAMI FIRS RESCUM I0#30541616 rAGE 5/9
s
NOW, THEREFORE, 8E IT RESOLVED 9X THE COW'ISSIOIV 0- TZ-1E CIS
OF MIAMI, FLORID;
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein'as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute Amendment No. 1 to an existing agreement, in a form
acceptable to the City Attorney, with Genuine Parts Company d1bla
NAPA Auto Parts, for the provision of in-house parts operations
partnership for the Departments of Fire -Rescue and General
Services Administration to provide for increases in the contract
as follows: (1) from $1,52a,236.50 to $1,648,236.50, for an
amount not to exceed $125,000, for the contract year beginning
March 5, 1999; (2) an amount not to exceed $617,000, for the
contract year beginning March 5, 2000, allocating funds therefor
from the Department of General Services Administration Account
Nos. 503001.420905 and 549000.420901, and Fire -Rescue Account
No. 001004.280701.
The herein authorization is further subject'to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable;, City Charter =d Code
provisions.
Page 3 of 4
I- 1186
MAR -22—e1 14.13 FROM•MIAMI FIRS RESCUE I0+3e641618 PACE g/R
Section 3. This Resolution shah become effective
immediately upon its adoption and signature of the Mayor -z!
PASSED AND ADOPTM this 27th day of Janua , 2000.
JOE CAROLLO, MAYOR
this W'S� by tc rh nrt tilii '�j .M;1sr:: _�. eca:!d
b@C`3C1°.S F+hs1w.1Y@ ti!!t[t :�... t3i..�.v� t� ton � �•_..nj.. ..1 i... n...... r C.N.�.
IEpiC7fi Q wiTt,- %iti10[if Ufa' %o`.� r 0
ATTEST: 1Na'terCity Clecic
CITY CLERK
�' n E/'
A.PRO ' As F CORRECTNESS•
;vr
TTORNEY
030:RCL
If the Mayor does not sign this Resolution, it shall become effective at
the end of - ten calendar days from the date it was passed and adopted.
It the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 4 of 4
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J-98-1165
11/24/98
RESOLUTION NO.�i
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMMNT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH
GENUINE PARTS COMPANY D/B/A NAPA AUTO PARTS,
FOR THE PROVISION OF IN-HOUSE PARTS
OPERATIONS, FOR A PERIOD OF TWO (2) YEARS,
WITH THE OPTION OF THE CITY TO EXTEND SAID
AGREEMENT FOR TWO (2) ADDITIONAL ONS -YEAR
PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED
$1,523,235.50; ALLOCATING FUNDS THEREFOR FROM
THE DEPARTMENTS OF. GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE OPERATING
BUDGETS AS PROVIDED IN AZTACF Wn I.
WHEREAS, the City of Miami Departments of General Services
Administration ("GSA"), and Fire -Rescue operate two (2) repair
facilities that are responsible for the repair and maintenance of
all city vehicles, automotive equipment and radio communications
infrastructure; and
WHEREAS, the ability to manage, supply and obtain necessary
automotive, heavy truck, radio repair parts is critical to the
efficient operation of these facilities; and
WARE AS, a Blue Ribbon Committee (Committee") was
established to. evaluate the present operations ' and the
feasibility of outsourcing the parts operations functions; and
WHEREAS, as a result of the Committee's research, analysis,
and subsequent recommendation, the City issued an RFP for In -
C=T C�O�
7�ZII�G CF
ATTACHMENT (S)
CONTAINED ,�...
house Parts Operations in January, 1998; and
WHEREAS, pursuant to Resolution No. 98-621, adopted June 23,
1998, the City Commission accepted the findings of the RFP
Evaluation Committee, and instructed the City Manager to
negotiate an agreement with the top ranked firm of Genuine Parts
Company d/b/a Napa Auto Parts ("Napa Auto Parts") to establish an
in-house parts operations partnership with the City and
WHEREAS, the City Manager recommends the execution of an
agreement with Napa Auto Parts for the above purpose; and
WHEREAS, funds are available as set forth in the attached
Attachment "IR;
NOW, THEREFORE, BB IT RESOLVED BY TEB COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings containiifd in--the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute an agzeement, in substantially the attached form, with
Genuine Parts Company d/b/a Napa Auto Parts for the provision of
in-house parts operations, for a period of two (2) years, with
the option of the City to, extend said agreement for two (2)
additional one-year periods, at an annual amount not to exceed
$1,523,236.50, with funds therefor hereby allocated from the
Departments of General Services Administration and Fire -Rescue
01-1186
E
AGREEMENT
0
This A;reement is entered into this day of92-�-7A—. 1991 by and between the
City of Miami, a municipal corporation of the State of Florida ("City") and the Genuine Pans
Company, d/b/a NAPA AUTO PARTS, a Georgia corporation ("Provider").
RECITAL
A. The City has issued a Request for Proposals ("RFP') for the provision of In -House
Parts services ("Services") and Provider's proposal ("Proposal"), in response thereto, has been
selected as the most qualified proposal for the provision of the Services. The RFP and the
•y -
Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are
• this reference incorporated into and made a part of this Agreement. �
B. The Commission of the City of Miami, by Resolution No. 9$-621 adopted on June 23,
.r
1998, approved the selection of Provider and authorized the City Manager to execute a contract,
under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
f
TE l►S
S
I. RECITALS: The recitals are true and correct and are hereby incorporated into and made a
part of this Agreement.
2. TERM: The term of this Agreement shall be two (2) years commencing on the date hereof.
3. OPTION TO EXTEND: Upon expiration of the initial term, this Agreement automatically
renews for successive one (1) year terms, unless either party notifies the other party in
writing of its intent not to renew the Agreernent at least sixty (60) days prior to the expiration
. -1186
of the initial term or any renewal term hcreunder;,,;-The,42#7 11 have the option to renew
subject to availability and appropriation of funds. City Corrtntission approval shall not be
required as long as the total extended term does not exceed two (2) years, or a period equal to
the original ter=n of this .agreement, whichever is longer.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement. To the extent that the terms and
conditions of Attachment "A" conflict with or differ from the terms and conditions herein or
the terms and conditions of the RFP or Proposal, the terms and conditions of Attachment
"A" shall be controlling.
• '
B. Provider represents and warrants to the City that:. (n it possesses all qualifications,
Icenses and expertise required under the Solicitation Documents for the performance of the
Services; (in it is not delinquent in the payment of any sums due the City, including
payment of permit fees, occupational licenses, etc., nor in the performance of any obligations
to the City; (III} all personnel assigned to perform the Services are and shall be, at all times
during the term hereof; fully qualified and trained to perform the tasks assigned to each; and
(M the Services will be performed in the manner described in Attachment "A".
S. COyfPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rates and schedules described in Attachment "B" hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of
Compensation exceed S 1,523,237.50 per year. 118 b
i
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B. Unless otherwise specifically prrovided in Attdchment "B", payment shall be made
within thirty (30) days after receipt off Provider's invoice, which shall be accompanied by
sufficient supporting documentation arnd contain sufficient dctail, to allow a proper audit of
expenditures, should City require cline to be performed. If Provider is entitled to
reimbursement of travel expenses, thein all bills for travel expenses shall be submitted in
accordance with Section 112.061, Florisda Statutes.
6. OWNERSHIP OF DOCUMENTS: provider understands and agrees that any information,
document, sport or any other materials wvhatsoever which is given by the City to Provider or
which is otherwise obtained or prepared by Provider pursuant to or under the terms of this
Agreement is and shall at all Mmes rermain the property of the City. Provider agrees not to'-.'*"...
use any such information, document, report or material for any other purpose whatsoever
without the written consent of City, which may be withheld or conditioned by thi City in its
sole discretion.
7. AUDIT AND INSPECTION GM:
A. The City may, at reasonable times, and for a period of up to three (3) years following
the date of final payment by the City to Provider under this Agreement, audit, or cause to be
audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agresrs to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
B. The City may, at reasonable ti:nes during the term hereof, inspect Provider's facilities
and perform such tests, as the City deems reasonably necessary, to determine whether the
goods or services required to be provided by Provider under this Agreement conform to the
I--1.188
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• , terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall
make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives. All tests and inspections shall be
subject to, and made in accordance with, the provisions of Section 18-55.2 of the Code of
the City of Miami, Florida, as same may be amended or supplemented, from time to time.
8, AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not
employed or retained any person or company employed by the City to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to :pay anyperson any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection'
with, the award of this Agreement.
9, PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to.the - -
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the
public to all documents subject to disclosure under applicable law. Provider's failure or
refusal to comply with the provisions of this section shall result in the immediate cancellation ,
of this Agreement by the City.
10. COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and "local governments are subject to
certain laws and regulations, including laws pertaining to public records, conflict of interest,
record keeping, etc. City and Provider agree to comply with and observe all applicable laws,
codes and ordinances as they may be amended from time to time.
JI -1186
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[. [NDEMN[F[CAT[ON: NAPA will defend and=inderftify'thc City from any h3bilicy arising
out of any negligent acts or willful misconduct by NAPA or its employees in connection with
the performance of its duties under the contract.
12. DEFAULT: Should Provider be unable or unwilling to commence to perform the Services
within the time provided or contemplated herein, then, in addition to the foregoing, Provider
shall be liable to the City for all expenses incurred by the City in preparation and negotiation -
of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental. damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all
disputes between Provider and -the City based upon an alleged violation of the terms of this:
Agreement by the City shall be submitted to the City Manager for his/her resolution prior to
Provider being entitled tp seek judicial relief in connection therewith. in the event that the
amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek
judicial relief unless: (i) it has first received City Manager's written decision, approved by the
City Commission if the amount of compensation hereundeeexceeds $4,500, or (ii) a period of
sixty (60) days has expired, after submitting to the City Mana;er a detailed statement of the
dispute, accompanied by all supporting documentation (90.days if City Manager's decision is
subject to City Commission approval); or (iii) City has waived compliance with the
procedure set forth in this section by written instruments, signed by the City Manager.
0.1 -I186
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14. CITY'S TERMDIATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at any
time, by giving written notice to Provider at least five (5) business days prior to the effective
date of such termination. In such event, the City shall pay to Provider compensation for
services rendered and expenses incurred prior to the effective date of temlination. In no
event shall the City be li;ble to Provider for any additional compensation, other than that
provided herein, or for any consequential or incidental damages. The City shall have the
right to terminate this Agreement, without notice to Provider, upon the occurrence of an
event of default hereunder.
15. NONDISCRTMMATION: Provider represents and warrants to the City that Provider does
not and will not engage in discriminatory practices and that there shall be no discriminatidri
in connection with Provider's performance under this Agreement on account of -race, color,',-::.:.:
sex, religion, age, handicap, marital status or national origin. Provider further covenants that
no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion,
age, handicap, marital status or national origin, be excluded from participation in, be denied
services, or be subject to discrimination under any provision of this Aamment.
16. MINORITY AND * WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "UMBE Program") designed to increase the volume of City
procurement and contracts with Blacks. Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt
of which is hereby acknowledged by, Provider. Provider understands and agrees that the City
shall have the right ght to terminate and cancel this Agreement, without notice or penalt to the
I--1.186
•
•
City, and to eliminate Provider from consideration and participation in future City contracts if - -
Provider, in the preparation and/or submission of the Proposal, submitted false of misleading
information as to its status as Black, Hispanic and/or Women owned business and/or the
quality and/or type of minority or•women owned business participation.
17. ASSTGMIiENT: This Agreement shall not be assigned by Provider, in whole or in part,
without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion. .•
T8. NOTm
.,: All notices or other communications required under this Agreement shall be in _
writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address inoicated herein onto such otha>r'§- --
address as a party may designate by notice given as herein providcd. Notice shall be deazned -
given on the day on which personally delivcred; or, if -by mail, 'on the fifth' day after beizig`:'
posted or the date of actual receipt, whichever is earlier.
TO PROVIDER:
Mr. Cliff Christopher (or designee)
Government Sales Coordinator
NAPA Auto Parts, Miami Focal Office
.
9250 NW 58 Street
Miami, FL 33178
and
Genuine Parts Company
2999 Circle 75 Parkway
Atlanta, GA 30339
Aan: Corporate Counsel
Telephone: (770) 953-1700
Fax: (770) 956-2216
TO THE CITY:
Mr. Alan Savarese
Fleet Manager
City of biiatni.
General Services Administration
1390 NW 20 Street
Nfiami, FL 33142
wc•: ter»=, -•s�.� r� .
• • 19. MISCELLANEOUS PROVISIONS:
• A. This Agreement shall be construed and enforced according to the laws of the State of
Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver of
i
any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing. ,
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to • be invalid, ilIegil 'or'''�r
otherwise unenfor=ble.under the laws of the State of Florida or the City of Miami, such
provision, paragraph, sentence, word or phrase shall be deemed modified to the extent.... ._.` .
necessary in order to conform with such laws, or if not modifiable, then same shall be
deemed severable, and in either event, the remaining terms and provisions of this Agreement .
shall remain unmodified and in full force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties hereto. .
No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto -
20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto,
their heirs, executors, legal representatives, successors, or assigns.
21. INDEPEN"DEN" C CONTRACTOR: Provider has been procured and is being engaged to
Provide services to the City as an independent contractor, and not as an agent or employee of
the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits
01-1186
under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded
classifted or unclassified employees. Provider further understands that Florida Workers'
Compensation benefits available to employees of the City are not available to Provider, and
agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability
r
of funds and continued authorization for program activities and the Agreement is subject to
• r
amendmetit or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice. .-
23. ENTIRE AGREEMENT: This instrument and its attachments•constitute the sole and onl}i �.::
agreement of the parties relating to the subject matter hereof and correctly set forth the rights,
duties, and obligations of each to the other as of its date. Any prior agreements, protnises,
negotiations, or representations not expressly set forth in this Agreement are of no farce or -
effect.
24. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of
which shall constitute an original but all of which, when taken together, shall constitute one
and the same agreement.
25. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to
review and approve all pending City of Miami contracts. As a result, contracts shall not be
binding on the City until such time as they have been approved by the Oversight Board.
Execution of this Agreement by the City Manager shall constitute evidence of its approval by
the Oversight Board.
l i -1-186
i i •
r:
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duty authorized, this the day and year above
written.
"City"
r -
CITY OF MIAMI, a municipal
ATTEST- 11 j corporation
Walter Foeman, City Clerk y�.''•.:_ �;`_' Donald H. Warshaw; City Manager
'Trovider"
ATTEST; -
ti
CaNeeu
Print Name: %2ft1YX4%Lc. e�-7
Title: Corporate Secretary J
Csuu �E PAM Cob&e#hlY
a corporation
By:
Print Name: S e dtT C . 5 r+mk
Title: VPmsident
V; ed.
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: RE UMENIENTS:
4':.'1fZjjk��o kw
ANDTiO VILA�%� MARiG SO VILLA
op
Attorney w Administrator
r
Risk 114anagement '
1. All terms and conditions contained in said RFP and the vendor's response to said RFP shall
be and are a part of this attachment as if fully contained herein, except where specifically
noted.
2. PROVIDER will establish On Site Store(s) at the CITY location(s) detailed in the RFP.
a. Additional Iocations of the CITY may be added to this Agreement but only by a
written amendment executed and agreed to by both the CITY and PROVIDER.
3. PROVIDER shall have the following duties ..and responsibilities during the term of this
Agreement:
a. PROVIDER will operate the On Site Store(s) and provide equipment and inventories
to service the vehicle parts needs of the CITY'S now existing locations. PROVIDER shall
provide: all personnel required to operate the On Site Store(s);
b. In those circumstances when delivery is required by CITY, PROVIDER will provided_
pars to CITY'S locations ort..a daily route: basis. PROVIDER will m.&e all reasonable' _
efforts to ensure prompt delivery to the CITY's location(s) requesting p ();
12eStin part(A);
c. PROVIDER shall provide all computers and reports necessary to monitor monthly -
expenses. PROVIDER shall provide computer ordering and cataloging to each On Site:
Store;
d. PROVIDER shall provide a profit and loss statement of the parts operations to the
CITY on approximately the fifteenth (15`h) of each month for each On Site Store;
e. PROVIDER shall provide' back-up emergency service which is reasonably
commercially necessary by salaried management employees, at no cost to the City, during
non -working hour contingencies. If the CITY deems that additional manpower is required,
hourly employees will be tailed in and the overtime expense (calculated at time and one
half) will be charged on a cost basis to CITY. PROVIDER will provide,, a list of salaried
personnel, including telephone numbers, who will respond to emergency service requests.
f. PROVIDER may use any sub -contractor that is mutually agreeable for any outside
maintenance service.
A. CITY shall have the following duties and responsibilities during the term of this Agreement:
a. CITY shall provide, at their sole expense, usable space for PROVIDER's On Site
Store(s) and inventory. CITY shall provide access to restroom facilities for PROVIDER
employees. Further, CITY shall furnish, at its sole expense, all utilities for the On Site
Store(s) including: water, sanitation, sewer, light, heat, ;as, electricity, power, fuel, janitorial
and all other utilities and services rendered or delivered to the On Site Store(s) whatsoever.
b. CITY shall use PROVIDER as its Primary Supplier of fleet and automotive parts
under this Agreement. CITY reserves the right to purchase any item outside this Agreement
0 0
where it is determined to be more economical or timely so long as the purchase of aforesaid
part or parts does not result in PROVIDER no longer being CITY's Primary Supplier.
c. Each On Site Store location shall be appropriately secured or otherwise maintained
separate and apart from the business of CITY. There shall be no intermingling of CITY's
Paris or other inventory with PROVIDER's parts or inventory. Access to the secured On -
Site Store shall be restricted to PROVIDER employees and authorized PROVIDER
representatives only. CITY'S employees, contractors or agents shall not be permitted to
enter the secured On -Site Store area.
5. PROVIDER and CITY shall attempt in good faith to mutually agree upon the identity of the
persons that will be selected to staff the On Site Store(s). In the event that CITY for any
reason wishes to remove or replace any of the PROVIDER personnel in the On Site Store(s),
the parties will attempt to resolve CITY's request by mutual agreement. If PROVIDER and
the CITY fail to mutually resolve a personnel issue as set forth in this Section, PROVIDER
will decide the issue in its sole discretion and this decision will not be subject to the
arbitration process established in Section 9 below.
6. Provider agrees that all items shall include full manufacturer's warranties and guarantees.
defects must be inspected by the, manufacturer's representative before any claims or credits
i. Ste•: .•�
can be issued. Provider will have on file or obtain warranty conditions from the
manufacturers on all parts, components, and assemblies and make them available to the City
when a defect is alleged. Provider will facilitate collecting warranty payments or repairs.
7. Provider agrees to maintain warranty records of items sold to the City, (the TAMS computer.
will store all transactions for a period of one year, at which time transactions will be
transferred to disk for later retrieval). Any credits due will be issued as covered by the
manufacturer under the warranty. • . "
8. PROVIDER may terminate this Agreement for cause upon the occurrence of any of the
following events:
a. The failure or refusal of CITY to pay any amounts owed to PROVIDER requited
under this Agreement and/or on its account with PROVIDER when due, and such failure or
refusal to pay continues for thirty (30) days after written notice by PROVIDER to CITY that
such payment is past due;
b. The failure or refusal by CITY to perform any other obligations required under this
Agreement, and such failure or refusal continues for thirty (30) days after written notice by
PROVIDER to CITY demanding performance of said obligations;
c. The failure or refusal of CITY to use PROVIDER as its Primary Supplier of fleet and
automotive parts; or
d. The filing of any bankruptcy petition by CITY, the filing of any bankruptcy petition
against CITY, or any assignment by CITY of its assets for the benefit of creditors.
e. If the C1TY's premises are damaged by any casualty, or such portion of the premises
is condemned by any legally constituted authority, such as will make the CITY's premises
unusable in the reasonable judgment of PROVIDER.
01 -1 .86
12. Building Alterations,
a. PROVIDER will be responsible for alterations to its physical space as it may
determine to be needed. The City shall not be responsible for any alteration costs unless
specifically agreed to in writing in advance by the City.
b. Any modifications to the building are subject to approval by the City and all
applicable building codes, permits, etc.. The cost for said modifications shall be borne by
PROVIDER.
c. All fixed improvements made to the facility shall belong to the City, regardless of the
source of funding for said improvement, and at the conclusion of the contract, shall remain
in place. Any personal property items, fumiture, shelving or equipment not of fixed nature,
which was purchased or owned by the contractor may be removed by the contractor at the
end of the contract. Any personal property items left for more than thirty days beyond
contract termination shall be considered abandoned in place, and shall then transfer to the
ownership of the City.
d. Upon contract termination, PROVIDER shall remove any and all trash, chemicals,
used oiI or other waste products or materials it had rrsponsibiiity for under the contract. Any
such waste products or materials left by PROVIDER for more than thirty days after contract
termination may be removed by City and the removal cost deducted from the City's final _
contract payment to PROVIDER.
e. During the course of the contract, at least annually, PROVIDER shall provide the City ..
with a written inventory of its on premises equipment to avoid any conflicts or -`
misunderstandings concerning appropriate ownership.
13. Parts Inventory: .
a. The City agrees to utilize NAPA brand parts and supplies to the extent available for
its parts/supply needs unless and until the City determines that a NAPA part is not suitable
to the task, or unless use of any NAPA part in place of OEM part would void warranty on a
vehicle. For this section, "suitability" shall mean that the part or product has sufficient
quality, durability and reliability to meet the City's applications.
b. ' For City equipment requiring uncommon parts, the City will assist PROVIDER in
determining suggested min/max stock quantities. If PROVIDER feels any such stock
quantities may be unreasonable, PROVIDER may adjust the quantities providing the
demand ratios stipulated in the RFP are adhered to.
c. PROVIDER shall stock the necessary parts, tires; lubricant, etc.. needed to maintain
the City fleet at levels necessary to satisfy the demand ratios stipulated in the RFP. The City
reserves the right to purchase these items if PROVIDER is unable to provide them. In the
event the City is required to purchase items on its own, they will be specially labeled as City
property, placed in the PROVIDER stockroom and issued without charge to the City.
d. PROVIDER shall be responsible for any and all costs associated with moving,
arranging and consolidating the existing inventory.
oi-1[86
9. Immedia(ely upon termination of this AgreertYLft" by PROVIDER for cause, all duties,
responsibilities and other obligations of PROVIDER to CITY hereunder shall terminate.
Upon such termination. CITY shall provide access to the On -Site Store to PROVIDER and
PROVIDER shall be permitted to immediately remove all equipment and other items of
personal property owned by PROVIDER from the On -Site Store without being deemed guilty
of trespass or any other violation of the law. Furthermore, CITY shall immediately return to
PROVIDER all equipment, software, books, records, tools, equipment and any other
personal property owned by PROVIDER in CPTY's possession. Upon termination of this
Agreement -by PROVIDER or CITY for cause or otherwise or upon expiration of this
Agreement, CITY shalt purchase all existing inventory in the On -Site Store at PROVIDER's
cost.
I.O. Parts Room Hours of Operation:
• a. PROVIDER shall operate the parts room as detailed in the RFP with the following -
change of business hours; Fre Department Garage 7:00 a.m.-- 3:30 p.m.
b. The Parts Room shall normally be closed on all City of Miam! observed holidays,
except during overtime or emergency operations. These holidays normally include:
New Year's Day Columbus Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Dr. Martin Luther King's Birthday
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
c. The City reserves the right to change operating hours as necessary for the efficiency
of the operation. Five (5) working days will be given as notification so PROVIDER can staff
accordingly. ,
d.• PROVIDER shall operate or conduct business within the parts room during the City's -_
working hours, unless specific provisions for off -hours entry is approved in advance.
e. PROVIDER agrees to open the parts room operation when overtime and emergency
conditions require. The City will designate appropriate authorizing agents for initiating
overtime operations and PROVIDER shall be able to establish parts operations within one
(1) hour of notification.
11. PROVIDER shall provide the following staffing:
a. GSA: One (1) Facility Parts Manager, two (2) Counter -persons (one for the day shift,
one for the night shift)
b. Fire Garage: One (1) Facility Parts Vfanager
c. The City will provide an employcc to pick-up parts for the contractor if necessary.
v • •
' 21. Parts Transactions:
a. PROWDER shall not provide any part or supply item to City employees unless
presented with a valid repair order for inventory items at which time, PROVIDER shall
generate a parts requisition to be signed by the respective City employee.
b. PROVIDER shall not order any special order parts for City employees unless
presented with a "Special Order Parts Requisition" form signed by Fleet Superintendent and
approved by Fleet Manager or designee.
c. On a daily basis, PROVIDER shall issue a summary of parts or supplies issued under
each operating account it serves, such summary listing:
Requisition Number
Repair Order Number
Vehicle Odometer
Part(s) Description 1
Daily Parts Cost Total
Parts Cost Total for Requisition
22. Puts Billing:
Vehicle Number
Part Number(s)
Part(s) Quantity.
Parts(s) Unit Price .
Date/Time
Name of Requisitioning City Employes • - -_=:,_
a. PROVIDER shall invoice the City at the end of each calendar month for each .billing
account established. Billing will be separated by using department and will include only '
those items actually purchased for that month.
b. City payment terms will be net 34 days from receipt of invoice.
23. Other City Supplies:
a. PROVIDER agrees to stock items of common supply. Such supplies may include but
are not limited to: work gloves, hand soap, trash bags, toilet paper, paper towels, paper cups,
Gatorade, mechanics hand tools, such as wrenches, sockets, hammers, pliers, etc. Such
supplies, like parts, shall only be dispensed upon presentation of an appropriate requisition,
identifying the receiving employee name and signature.
b. A monthly invoice shall be presented to the City in such form as to clearly show the
cost, quantities and types of products purchased by each respective user. The invoice shall be
supported by requisition copies bearing the receiving sig azures. One invoice covering all
outside suppliers may be acceptable if it can adequately segregate uses and costs by user.
24. Hazardous Materials:
a. PROVIDER shall not keep or have on the premises any article or product of a
dangerous, inflammable or explosive character that night substantially increase the danger
of fire on the premises or that might be considered hazardous except as needed to service the
fleet maintenance supply needs of the City. Any such product(s) shall be stored in a suitable
location as to protect site personnel from its hazards and must meet all DERM regulations.
In addition PROVIDER shall maintain on site lvlaterial Safety Data Sheets for all such
J.��
14. Furnishings:
a. PROVmER may utilize any desks, chairs and shelving currently in place at the
garage parts rooms. PROVIDER may provide its own furnishings to the parts room,
including desks, chairs, parts shelving. Any City items currently in place not needed by
PROVIDER shall be returned to the City.
b. At the start of contract operations, PROVIDER shall provide the City with a listing of
the furnishings it brings in which shall remain the property of PROVIDER.
c. PROVIDER shall mark its furnishings to indicate its ownership. PROVIDER should
indicate which City furnishings are not needed so that the City may remove.them from the
site.
15. Uses of Premises:
a. The premises shall be used to conduct an automotive parts supply business operation
solely for the benefit of the City of Miami. Any other use of the premises not directly
involved in serving the official needs of the City is prohibited, unless the City managerial
officials specifically authorize another use.
16. Maintenance:
a. PROVIDER shall be responsible for daily routine cleaning within the parts room and4_
disposal of trash in a dumpster provided by the City at the property location. The City will be
responsible for all building maintenance, such as electrical, mechanical, plumbing and
structural and roofing. In addition, the City will be responsible for all maintenance-�o the
parking area and grounds.
b. PROVIDER may dispose of cardboard containers, as well as paper products in the
recycling dumpsters provided by the City.
17. Access to Premises:
a. The City shall have the right to enter the premises to make periodic inspections,
provide necessary services and maintenance. In case of emergency (burglary, fire, etc.) the
City may enter the premises without PROVMER's consent. PROVIDER shall supply keys
to allow the dity personnel entry for such emergency purposes.
18. CITY shall, at all times during the term of this Agreement, at CITY'S sole expense, maintain
in good condition and repair (so as to prevent any damage or injury to PROVIDER's
inventory or other personal property located in the On -Site Store) the roof, exterior walls,
foundation, and structural portions of the On Site Store(s) and all portions of the electrical
and plumbing systems lying outside the On Site Store(s) but serving the On Site Store.
19. PROVIDER agrees that, while on the City work sites, all supervisors and workers utilized in
the fulfillment of the terms of this Agreement, will comply with all applicable City Health
and Safety Rules .and Regulations and OSHA standards. This includes the use of appropriate
personal protective equipment. PROVIDER also agrees to observe all applicable regulations
as while performing work under this Agreement.
20. PROVIDER certifies that any equipment with required safety features sold under this
Agreement and with proper customer use, meets current OSHA requirements.
products and shall conform to all applicable Federal, State and Local laws and regulations
regarding the transportation, storage and handling of all such materials.
b. PROVIDER shall properly dispose of any and all waste stream material generated by
The City's Fleet Facility. PROVIDER further agrees to recycle any and all materials capable
of being recycled, such as, but not limited to antifreeze, oil, cleaning tank solvents, paper,
tires, etc, PROVIDER agrees to properly maintain and store on site all disposal manifests
and make them available for inspection by the City or any enforcement agency, state, local
or federal upon request.
25. Destruction or Condemnation of the Premises:
a. In' the event the premises are_ wholly or partially destroyed in a manner that prevents
the City's use of the site in the normal manner, and the site is determined to be repairable to
operating status within sixty days, PROVIDER and the City will agree to cooperate in
making all reasonable accommodations to operate under limited circumstances while repairs
are made. I-
b. if repairs cannot be made within a sixty day period, or if a decision is made to rebuild
the garage site entirely, PROVIDER may seek to be released from any continuing obligation
to service the City's parts needs until such time as it can set up its operation in the rest&r —d
operation facilities.
26. All obligations of a Party under this Agreement, are imposed solely and exclusively for the
benefit of the Parties, and no other person shatU, under any circumstances, be deemed to be a"
beneficiary of such obligations.
27. All other aspects of the contract and of the parts operation, not otherwise addressed herein
shall be governed by the terms of the specifications of the RFP and by PROVIDER's
proposal to said RFP.
ITEM:
DEPARTMENT:
TYPE OF PURCHASE:
INCREASE AND AMENDMENT OF
RFP NO. 96-97-115R
In-house parts operations
Fire -Rescue, GSA
Increase and Amend Agreement
REASON: The Departments of Fire -Rescue and General
Services Administration, has seen a need to
increase and execute a second (2nd) amendment to
the agreement for the provision of in-house parts
operations. The Fire -Rescue portion of the original
amount of the agreement was based on the
budgeted amounts in five (5) specific accounts,
rather than actual expenditure levels of all ten (10)
accounts. The GSA portion was due to the aging of
the vehicle fleet and inflation
RECOMMENDATION: It is recommended that an increase in contract
amount with Genuine Parts Company d/b/a
NAPA Auto Parts, in an annual amount not to
exceed $583,632 for a total contract amount not to
exceed $2,106,868.50, for the provision of in-
house parts operations in partnership with the
Departments of Fire -Rescue and General Services
Administration, allocating funds therefor from the
Department of General Services Administration
Account Code Nos. 503001.420905 and
509000.420901, and Fire -Rescue Account Code
No. 001000.280701, subject to availability of
funds.
" PC
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D' ector o Purchasing
D to
AwardAtmend