HomeMy WebLinkAboutR-98-1178J-98-1165
11/24/98
RESOLUTION NO. 9 8 117 8
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT,
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; ALLOCATING FUNDS THEREFOR FROM
THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE OPERATING
BUDGETS AS PROVIDED IN ATTACHMENT 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
WHEREAS, 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 -
ATTACHMENT (S)
CONTAINED
DEC 0 8 1998
Refoulfi n No,
98-1178
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 "I";
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 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 agreement, 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
2 98 -11'78
Operating Budgets as provided in Attachment I.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayox"I.
PASSED AND ADOPTED this 8th day of December , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor dirt not indicata epproucl of
this legislation by signing it in the designated place providso, saic, legpis4a?ion now
becomes effective with the elapse of ten (10) days from the date opt Cl-mrr,issiVr) acloiorn
ATTEST:
regarding same, without the Mayor exercisin a to.
Walter . oernfin, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED
�
NDRO VILARELLO
ATTORNEY
W3066:CSK:kc
AND CORRECTNESS:/
l/ 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.
3 98-1178
AGREEMENT
This Agreement is entered into this day of , 199_ by and between the
City of Miami, a municipal corporation of the State of Florida ("City") and the Genuine Parts
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
Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by
this reference incorporated into and made a part of this Agreement.
B. The Commission of the City of Miami, by Resolution No. 98-621 adopted on June
23, 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:
TERMS
1. RECITALS: fThe 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: The City shall have the option to extend the term hereof for a
period of one (1) year each, subject to availability and appropriation of funds. City
ORS: N;ipa'i>nziidCbntruct.duc 1 1 U/ 15"98
Commission 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 term 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.
B. Provider represents and warrants to the City that: (i) it possesses all qualifications,
licenses and expertise required under the Solicitation Documents for the performance of the
Services; (ii) 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 (iv) the
Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
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 $1,523,237.50 per year.
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed. If Provider is entitled to
ORS: Napa Formal Contract. doe 7 10/15/98
98-9178
reimbursement of travel expenses, then all bills for travel expenses shall be submitted in
accordance with Section 1 12.061, Florida Statutes,
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever 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 times remain 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 the
City in its sole discretion.
7. AUDIT AND INSPECTION RIGHTS:
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 agrees 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 times 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
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,
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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 any person 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 ordinatfes as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as "Indemnities") and each of them
from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
ORS: Napa PunnnlC'untnicl.doc 4 9 8 - 1. 178
resulting from, or in connection with (1) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subcontractors (collectively referred to as "Provider"),
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint,
concurrent or contributing) by any act, omission, default or negligence (whether active or
passive) of the Indemnities, or any of them or (ii) the failure of the Provider to comply with
any of the paragraphs herein or the failure of the to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with
the performance of this Agreement or (iii) the presence or escape, seepage, leakage, spillage,
discharge, emission or release of any hazardous substance or any other environmental, health
or safety matter arising in connection with Provider's performance under this Agreement.
Provider expressly agrees to indemnify and hold harmless the Indemnities, or any of them,
from and against all liabilities which may be asserted by an employee or former employee of
Provider, or any of its subcontractors, as provided above, for which the Provider's liability to
such employee or former employee would otherwise be limited to payments under state
Workers' Compensation or similar laws.
12. DEFAULT: tIf Provider fails to comply with any term or condition of this Agreement, or
fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law,
may immediately, upon written notice to Provider, terminate this Agreement whereupon all
payments, advances, or other compensation paid by the City to Provider while Provider was in
default shall be immediately returned to the City. Provider understands and agrees that
ORS:Napal onnalContract.doe 5 M/I5/9R
termination of this Agreement under this section shall not release Provider from any obligation
accruing prior to the effective date of termination. 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 to 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 hereunder exceeds $4,500, or (ii) a period of
sixty (60) days has expired, after submitting to the City Manager 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.
14. CITY'S TERMINATION 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
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services rendered and expenses incurred prior to the effective date of termination. In no
event shall the City be liable 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. In such event, the City shall not be obligated to pay any amounts to
Provider and Provider shall reimburse to the City all amounts received while Provider was in
default under this Agreement.
15. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance
coverage as may be required by the City. All such insurance, including renewals, shall be
subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be furnished to the City on Certificates of Insurance indicating such insurance to be in
force and effect and providing that it will not be canceled during the performance of the
services under this contract without thirty (30) calendar days prior written notice to the City.
Completed Certificates of Insurance shall be filed with the City prior to the performance of
services hereunder, provided, however, that Provider shall at any time upon request file
duplicate copies of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves the
right to require the provision by Provider of an amount of coverage different from the amounts or
kind previously required and shall afford written notice of such change in requirements thirty (30)
days prior to the date on which the requirements shall take effect. Should the Provider fail or
refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's
ORS: Napa FommlC'untractdoc 7 Iq/15/98
written notice, this Contract shall be considered terminated on the date that the required change in
policy coverage would otherwise take effect.
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no
discrimination 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 Agreement.
17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE 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 to terminate and cancel this Agreement, without notice or penalty to the
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.
18. ASSIGNMENT: 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.
(WS:Nap;iPonualContr;ict.doc 8 9
8 - 1 )7/
19. NOTICES: 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 indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
TO PROVIDER:
Mr. Cliff Christopher (or designee)
Government Sales Coordinator
NAPA Auto Parts, Miami Local Office
9250 NW 58 Street
Miami, FL 33178
20. MISCELLANEOUS PROVISIONS:
TO THE CITY:
Mr. Alan Savarese
Fleet Manager
City of Miami
General Services Administration
1390 NW 20 Street
Miami, FL 33142
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
t
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, illegal or
otherwise unenforceable under the laws of the State of Florida or the City of Miami, such
ORS: 9 I Oi 15%98
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.
21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
22. INDEPENDENT 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 under
the Civil Service or Pension Ordinances of the City, nor any rights generally afforded
classified 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.
23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
24. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
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rights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no
force or effect.
25. 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.
26. 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,
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
t
ATTEST:
Walter Foeman, City Clerk
"City"
CITY OF MIAMI, a municipal
corporation
By:
Donald H. Warshaw, City Manager
RS: NapaFonmalContract.d„c I 1 10/ 1 S/9K
ATTEST:
Print Name:
Title: Corporate Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
"Provider"
a
By:
Print Name:
Title: President
corporation
APPROVED AS TO INSURANCE
REQUIREMENTS:
ALEJANDRO VILARELLO MARIO SOLDEVILLA
City Attorney Administrator
Risk Management
r
ORS: Napa PunnalCuntracLduc 12 8 — � 9Jt,
ATTACHMENT "A"
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) Parts Room Hours of Operation:
a) NAPA shall operate the parts room as detailed in the RFP with the following change of
business hours; Fire Department Garage 7:00 a.m.— 3:30 p.m.
b) The Parts Room shall normally be closed on all City of Miami observed holidays, except
during overtime or emergency operations. These holidays normally include:
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Dr. Martin Luther King's Birthday
Columbus Day
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 NAPA can staff
accordingly.
d) NAPA 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) NAPA 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 NAPA shall be able to establish parts operations within one (1) hour of
notification.
f) NAPA will not charge the City for overtime operations less than eight (8) hours in
duration. This shall include limited overtime in the afternoon, evenings or weekends for
partial or skeleton City work crews. Should the City require full staffing of the parts room
for full crew or extended overtime operations (in excess of eight (8) hours), the City will
pay NAPA hourly employees overtime based on 1 '/2 time their actual salary amount. All
overtime costs shall be absorbed into the 10% overall profit margin.
3) NAPA 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 Manager
c) The City will provide an employee to pick-up parts for the contractor if necessary.
ORS: Napa PonmdConlraadoc 13 10/ 15,98
4) Building Alterations:
a) NAPA 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 NAPA.
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, furniture, 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, NAPA shall remove any and all trash, chemicals, used oil or
other waste products or materials it had responsibility for under the contract. Any such
waste products or materials left by NAPA 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 NAPA.
e) During the course of the contract, at least annually, NAPA shall provide the City with a
written inventory of its on -premises equipment to avoid any conflicts or misunderstandings
concerning appropriate ownership.
5) 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) Non-NAPA Parts and Products:
i) For City equipment requiring uncommon parts, the City will assist NAPA in
determining suggested min/max stock quantities. If NAPA feels any such stock
quantities may be unreasonable, NAPA may adjust the quantities providing the
demand ratios stipulated in the RFP are adhered to.
c) NAPA 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 NAPA 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 NAPA stockroom and issued without charge to the City.
d) NAPA shall be responsible for any and all costs associated with moving, arranging and
consolidating the existing inventory.
OR 14 10/ 1 5/98
98-1.1'78
6) Furnishings:
a) NAPA may utilize any desks, chairs and shelving currently in place at the garage parts
rooms. NAPA may provide its own furnishings to the parts room, including desks, chairs,
parts shelving. Any City items currently in place not needed by NAPA shall be returned to
the City.
b) At the start of contract operations, NAPA shall provide the City with a listing of the
furnishings it brings in which shall remain the property of NAPA.
c) NAPA shall mark its furnishings to indicate its ownership. NAPA should indicate which
City furnishings are not needed so that the City may remove them from the site.
7) 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.
8) Maintenance:
a) NAPA shall be responsible for daily routine cleaning within the parts room and 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 to the
parking area and grounds.
b) NAPA may dispose of cardboard containers, as well as paper products in the recycling
dumpsters provided by the City.
9) 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 NAPA's consent. NAPA shall supply keys to allow the
City personnel entry for such emergency purposes.
10) Safety:
a) NAPA 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. NAPA also agrees to observe all applicable regulations as
while performing work under this Agreement.
b) NAPA certifies that any equipment with required safety features sold under this
Agreement and with proper customer use, meets current OSHA requirements,
I I ) Parts Transactions:
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a) NAPA shall not provide any part or supply item to City employees unless presented with a
valid repair order for inventory items at which time, NAPA shall generate a parts
requisition to be signed by the respective City employee.
b) NAPA 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, NAPA 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.
Daily Parts Cost Total
Parts Cost Total for Requisition
12) Parts Billing:
Vehicle Number
Part Number(s)
Part(s) Quantity
Parts(s) Unit Price
Date/Time
Name of Requisitioning City Employee
a) NAPA 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 30 days from receipt of invoice.
13) Other City Supplies:
a) NAPA 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 signatures. One invoice covering all
outside suppliers may be acceptable if it can adequately segregate uses and costs by user.
14) Hazardous Materials:
a) NAPA shall n6t keep or have on the premises any article or product of a dangerous,
inflammable or explosive character that might 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 NAPA shall maintain on site Material Safety Data Sheets for all
such 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) NAPA shall properly dispose of any and all waste stream material generated by The City's
Fleet Facility. NAPA further agrees to recycle any and all materials capable of being
01? S:Napa FomudContract.doc 1 10/ 15/98
98-1178
recycled, such as, but not limited to antifreeze, oil, cleaning tank solvents, paper, tires, etc.
NAPA 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.
15) 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, NAPA and the City will agree to cooperate in making
all reasonable accommodations to operate under limited circumstances while repairs are
made.
b) If repairs cannot be made within a sixty day period, or if a decision is made to rebuild the
garage site entirely, NAPA 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 restored
operation facilities.
16) Other:
a) 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 NAPA's
proposal to said RFP.
r
ORS: Napa PumialCunlract.duc 17 1 U/ 15,98
ATTACHMENT "B"
1) Pricing:
a) NAPA will sell its parts in accordance to the pricing proposal contained within the RFP,
which is incorporated in this document and made a part herein.
b) NAPA shall supply the City its "Master Installer" price level and current price lists at all
times.
c) For OEM parts or other non-NAPA parts which the City may require, NAPA will
purchase and stock such items as NAPA and the City Fleet Manager or designee shall
determine appropriate. NAPA may charge such parts to the City on a cost-plus markup
basis of 25%. Such margin shall be maintained for a period of six months in order to
develop NAPA's actual work history with turnover rate of such parts.
d) After six months of history has been developed, NAPA shall propose a revised cost-plus
markup basis for non NAPA parts with supporting documentation. Upon agreement by
both parties to a revised markup basis, such revision shall be incorporated into the
Agreement as an amendment. NAPA's requirement of a 10% net profit shall remain in
effect throughout the term of this contract.
e) The City will perform quarterly audits on NAPA's profit and losses and all profits over
10% net will be refunded or credited to the City within 30 days.
f) NAPA shall supply to the City any and/or all documents, printouts, statements, etc.
necessary to properly audit the cost accounting method of pricing as stated in the RFP.
g) The City uses retreaded tires in certain applications. NAPA will use old casings supplied
by the City and issue a credit for the tire casings. Credits will be deducted from the cost of
the new retreaded tire.
t
ORS:Napa PonnaICont act.doc I g 10/I59R
Attachment "I"
RFP No. 96-97-115R In -House Parts Operations
Account Code Distribution
General Services Administration
Fleet Management Division
Heavy Fleet 509000-420901
702 Parts
$308,989.00
713 Lube/Oil
$41,787.00
719 Safety Supplies
$4,068.00
721 Tires/Tubes
$125,960.00
Heavy Total
$480,804.00
Light Fleet 503001-420905
702 Parts
$536,314.00
713 Lube/Oil
$44,283.00
719 Safety Supplies
$2,575.00
721 Tires/Tubes
$276,989.00
Light Total $860,161.00
Radio Shop 506000-420601
718 Parts $100,000.00
Total - GSA $1,340,965.00
Total - GSA (less 105,o) $1,206,868.50
Fire Department
702 Parts
$
142,873.00
713 Lube/Oil
$
13,175.00
719 Safety Supplies
$
1,589.00
721 Tires/Tubes
$
59,457.00
SSD Total
$
217, 094.00
Emergency Response Division 280601
702 Parts $ 78,126.00
719 Safety Supplies $ 11,955.95
ERD Total $90, 081.95
Telephone Franchise Fee 280502
702 Parts
$
4,377.00
713 Lube/Oil
$
87.55
719 Safety Supplies
$
2,101.00
721 Tires/Tubes
$
2,626.50
TFF Total
$
9,192.05
Total - Fire Rescue $ 316,368.00
Grand Total $1,523,236.50
98-1178
ATTACHMENT "II"
RFP No. 96-97-11 SR
IN-HOUSE PARKS OPERATIONS
VENDOR REFERENCES
1. City of Richmond, VA
2907 North Boulevard
Richmond, VA 23230-4391
Contact: Bob Gregory (804) 780-5753
Two complete on -site parts facilities.
2. MicKenburg County, N.C.
600 East Fourth Street
Charlotte, NC 28202
Contact: Randy Goers (704) 336-2591
One on -site parts facility.
3. Town of Cary, N.C.
520 James Jackson Avenue
Cary, N.C. 27512-8005
Contact: Cheryl Perry (919) 469-4078
One on -site parts facility.
4. State of Virginia, D.O.T.
1401 East Broad Street
Richmond, VA 23219
Contact: T.N. Sartini (804) 786-2779
t
Seven (7) parts operations.
5. City of Louisville, KY
Room 306, Fiscal Court Building
Louisville, KY 40202
Contact: Bob Chromis (502) 574-5796
Three (3) parts facilities.
VendorReferences. doc
98-11'78
EXECUTION OF CONTRACT
AWARD SHEET
ITEM:
DEPARTMENT:
TYPE OF PURCHASE:
RECOMMENDATION:
AwardSheet
RFP NO. 96-97-11 SR
In -House Parts Operations
GSA 81 Fire -Rescue
Contract term for two (2) years, with the option
to renew for two (2) additional one-year periods
It is recommended that the City enters into an
agreement, in substantially the attached form,
with Genuine Parts Company d/b/a Napa
Auto Parts, at an annual amount of
$1,523,236.50. Funds are available from the
Departments of GSA and Fire -Rescue Operating
Budget as provided in Attachment 1.
•C,11�1
if 110
Date
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA=11
The Honorable Mayor and NOV 3 0 i998
TO : DATE: FILE
Members of the City Commission
SUBJECT: G.S.A. and Fire -Rescue
Fleet In-house Parts
Operations Agreement
FROM: onal H. Warshaw REFERENCES: RFP No. 96-97-115R
City Manager
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to execute the attached agreement with Genuine
Parts Company d/b/a Napa Auto Parts, non-minority/Miami-Dade vendor, located at 9250
NW 58 Street, Miami, Florida 33152. This agreement was negotiated as a result of RFP No.
96-97-115R, which was issued requesting proposals for the provision of two (2) turnkey in-
house parts operations, for an initial two (2) year period, with the option to extend for two (2)
additional one (1) year periods. Funding in an annual amount not to exceed $1,523,236.50 is
available for the first year of the agreement in the General Services Administration
($1,206,868.50) and Fire -Rescue Department ($316,368), FY '99 Operating Budgets, and
for subsequent years subject to the availability of funds. Account Code distribution is
provided in Attachment "I".
BACKGROUND
The City of Miami Department of General Services Administration and Department
of Fire -Rescue operate two (2) separate repair facilities that are responsible for the repair and
maintenance of all city vehicles, automotive equipment and radio communications
infrastructure. The ability to manage, supply and obtain the necessary automotive, heavy
truck, radio repair parts is critical to the mission of these facilities. A Blue Ribbon
Committee recommendation is the evaluation of our existing parts room operations and
completing an analysis of the feasibility of outsourcing the parts operations functions and
responsibilities. Research revealed that several municipalities (see Attachment "II") of
similar size have contracted for the services of a private parts supplier to form a turnkey in-
house parts depot in partnership with the municipality.
y8-11�s
The Honorable Mayor and
Members of the City Commission Page 2
RFP No. 96-97-115R for In-house Parts Operations was issued in January, 1998. An
evaluation committee appointed by the City Manager analyzed responsive proposals in May,
and their findings were accepted by the City Commission on June 23, 1998. The City
Manager was authorized to negotiate an agreement with the top rank firm, in a form
acceptable to the City Attorney. Mr. Bob Swanson, Bell South, Director of Property and
Service Management, and Blue Ribbon Committee member served on the evaluation
committee. Chief Alfredo Suarez, Division Chief, Logistical Services, Miami -Dade Fire -
Rescue, and Mr. Alan Savarese, City of Miami, Fleet Manager, also served as committee
members.
Currently the parts rooms are staffed by city personnel working in either an out of
classification designation or with a salary adjustment. Upon establishment of an in-house
turnkey parts operations partnership they shall return to their regular duties. This proposal has
been discussed with AFSCME Union representatives.
This private/public partnership shall enhance the availability of automotive and radio
parts, resulting in improved efficiencies and turn around time of required repairs. The reduce
down time of vehicles and equipment shall enable operating departments to be more
responsive to calls for service from our residents.
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GSA/MeInhouseParts.doc
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Donald H. Warshaw November 3, 1998
TO City Manager DATE: FILE
SUBJECT: Budget Authorization for
G.S.A. and Fire -Rescue
In -House Parts Operations
FROM: 4tmascual, Director REFERENCES:
eparent of General Services Administration
ENCLOSURES:
The Department of General Services Administration has verified with the
Department of Budget and Management that funding in an amount not to exceed
$1,523,236.50 is budgeted in the FY '99 Operating Budgets of the General Services
Administration Department ($1,206,868.50) and Fire -Rescue Department ($316,368).
Funding in the FY '99 General Services Administration and Fire -Rescue Department
Operating Budgets as per the Attachment "I" account code distribution.
The current line item budgets for both departments reflect encumbrances for
existing contracts and purchase orders being utilized by the GSA Fleet Management and
Fire -Rescue Garage stockrooms. Upon the City Commission approval and implementation
of the out source contract with NAPA, all existing contracts and purchase orders shall be
reconciled and closed out and remaining line item balances will then be utilized for the FY
'99 prorated portion of the NAPA contract. It is understood that the total FY '99
expenditures shall not exceed the budgeted and approved line item amounts.
Budgetary Review and Approved By:
Date: 3
01pak Parekh, Director
Department of Budget and Management
nA\\
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GSA/MeInHousePartsldoc
98 -1178