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HomeMy WebLinkAboutExhibitAMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI ;ND GENUINE PARTS COMPANY. D/B/A NA PA AUTO PnF,TS nIS 2J�� ^,menom ^'. ) U';\\an.^a.�=IVJeeri Irle Oily ,`ii C✓lia:'� .. mi i, is ii✓a orpo,- tion o= :ne S,a:e of rlo, i anc Ge:.0 narts a Seor:ala ��' ^v.'GIID^ (, NAP. ..�, i'oi til e purpose o _,miendii g the GTessl3naI Services ­menGeed Allu-usi 22. 2UL'3. as amended and nel-etMOre- „Ssign=d (,^,greemen ). RECITALS: WHEREAS. on November 7, 2002 the Purchasing Depai tment issued a Request for Proposais 10 1-02-245) for the provision of In -House Operation of Parts Facilities; and WHEREAS, on December 4, 2002, tv✓o (2) proposals were received and the evaluation/selection committee ranked highest Genuine Auto Parts Company d/b/a NAPA Auto Pars; and WHEREAS, on July 17, 2003, the Miami City Commission adopted Resolution No. 03- 136, accepting the recommendation of the City Manager and approving the findings of the evaluation/selection committee, and authorized for the City Manager to negotiate and execute a Professional Services Agreement ("Agreement") for a two-year period, with the option to extend for two (2) additional, two (2) year periods, for a total annual amount not to exceed 52,500,000, for the Department of General Services Administration and Fire -Rescue; and WHEREAS, the Agreement is scheduled to expire on August 21, 2009; and WHEREAS, currently, the Department of General Services Administration is collaborating with the Department of Purchasing on issuing a formal sealed competitive proposal/negotiation selection (i.e. Request for Proposals) process for placement of a new agreement; and WHEREAS, in the meantime, the current Agreement requires under Provision No. 3, Oation to Extend, to obtain City Commission approval, if the agreement is to be extended beyond the total extended term of four (a) years; and, therefore, the Commission of the City of Miami, by Resolution No. , adopted on , 2009, approved a month-to- month extension of the current Agreement until issuance of the Request for Proposals (RFP), determination of responsive review of the proposals, evaluation/selection committee recommendation, City Commission approval and a fully executed Agreement; and NOW, THEREFORE, in consideration of mutual covenants hereinafter set forth and in consideration of the other valuable consideration the parties covenant and agree as follows: 1. Incorporation of Recitals: Definitions: The recitals and findings set forth above are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Amendment. All of the initial capitalized terms used in this Amendment shall, unless otherwise provided herein, have the same definitions and meaning as given to them in the Agreement. 2. Amendment Effective Date: The effective date of this Amendment executed shall be the date upon which it is executed by the City Manager and NAPA with the later of such execution dates being the controlling effective date (the "Amendment Effective Date"). NAPA shall execute this Amendment no later than ten (10) days following Miami City Commission approval of this Amendment. Amendment to Section 2listed under 4L -he header Terms' . =_A, Pa rile. =: ��-- �� :i� �'� lC r=a 2� ici OV✓s' ne Ciiv a'lo I\A',P'Ll tiV ., iUTL. ai czar-- LC e::; ^ _ne ^rime 0 the ,iQr el ni n moriL.-`lG-,i On1 t ei:Le„slc' Oi Cr �e=Mei it uri { ;sc'ua e of i ,e \e:I'ue s: i'C;" aro:DDS2;S P, 2e_.;i i 71, 2:Dn 0 SDD7's!Vc .=_VIeV,,ei the DroS2lS eVa�!L.1 iSeieCTD comm!Ciee reComr� ,,enua ion. iv Oo mission approva-i anc a ?wily execUied AQr eemee It ^.. General Provisions: T Ns "Llmendme i it shalt be ccnsi, Ue d and coven ed in accordance v✓!th the IaGvs of the State of Florida. This Amendment may be executed in any number of counterparts and by the separate paties hereto in separate counterparts, each of which shall be deemed an original. but all of which shall construte one and the same instrument. To the extent that any terms or provisions of this Amendment are inconsistent or conflict with the terms and conditions of the Agreement, the terms and conditions of this Amendment shall control. Except as specifically provided 'herein, all of the terms and provisions cf the Agreement shall remain in effect. Attest: Print Name: Corporate Secretary ,Attest: By: Priscilla A. Thompson City Clerk Approved As to Form and Correctness Genuine Parts Company, d/b/a NAPA Auto Parts, a Georgia Corporation By: Signature Print Name: Title City of Miami, a Municipal Corporation of the State of Florida 11 Pedro G. Hernandez, P.E. City Manager Approved as to Insurance Requirements: By: By- Julie yJulie 0. Bru City Attorney LeeAnn Brehm Director of Risk Management