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Item C26 Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/14/00 Bulk Item: Yes ~ No D Division: Public Works Department: Fleet Manaaement AGENDA ITEM WORDING: Approval to exercise option to renew the existing contract, (a joint venture) with Genuine Parts Co. .of Miami, Napa Auto Parts of Key West, Vincent Auto Parts of Marathon and Beckman Auto Parts of Key Largo. ITEM BACKGROUND: Our existing contract allows Monroe County to renew the contract for (2) two additional year periods, this being the second request for a one year extension. PREVIOUS RELEVANT BOCC ACTION: On September 9th, 1998 the Board executed the existing contract for distribution, delivery and procurement of parts and supplies for Monroe County Fleet Management Garages located in Key West, Marathon and Plantation Key. STAFF RECOMMENDATION: Approval to renew existing agreement for (1) one additional year as stated above. Not to exceed TOTAL COST:$ 300.000 BUDGETED: Yes [8] No D COST CENTER#: 504-23503-530-460 . Not to exceed COST TO COUNTY: $ 300.000 REVENUE PRODUCING: Yes D No ~ AMOUNT PER MONTH YEAR APPROVED BY: COUNTY A TTY 0 OMS/PURCHASING D RISK MANAGEMENT D O() R Sanchez, Director, leet Management DIVISION DIRECTORAPPROVAL~~ S-/J//oo Dent Pierce, Director, Public Works DOCUMENTATION: INCLUDED: [8] TO FOLLOW: 0 NOT REQUIRED: 0 DISPOSITION: AGENDA ITEM #: ( ~ '1/1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Genuine Parts Co. dba Napa Effective Date:08/11/00 Auto Parts Expiration Date:08/11/01 Contract Purpose/Description:Renewal of Automotive & Rolling Equipment parts & supplies SHJ 7> #tj- 3572 (Ext. ) Contract Manager:Roy Sanchez (Name) Fleet Management Services (Department) for BOCC meeting on 06/14/00 Agenda Deadline: 05/31/00 CONTRACT COSTS Total Dollar Value of Contract: $Approx Current Year Portion: $Approx 50.000.00 300.000.00 Budgeted? YeslZl No D Account Codes: 504-23503-530-460- Grant: $ County Match: $ - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (el?,. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Division Director 5(3 ,/n'b Ri~na~Bllent '5-a5-iD O~./Pu~ing 5/zioo County Attorney S-//o/tYtJ Comments: ChangeS, Needed YesDNo Date Out sft IItJG ~ YesDNolJJ (O),~ YesD No[2J' c;lt?L l 8aft- YesDNO~ :5 -c:JS -Q;. -0-~ I \~ -( 8'" "'L~o) OMB Form Revised 9111/95 MCP #2 RENEWAL AGREEMENT THIS RENEWAL AGREEMENT is made by and between Monroe County, 5100 College Road, Stock Island, Key West, Florida 33040 and Genuine Parts Company d/b/a NAP A Miami Distribution Center, 9250 NW 58th Street, Miami, FL 33178/NAP A franchises (NAP A Auto Parts, 2334 N. Roosevelt Blvd., Key West, FL 33040; NAPA Auto Parts, U.S. 1, Key West, FL 33040; Vincent Auto Parts, 4801 U.S. 1, Marathon, FL 33050; Beckman Auto Parts, Mile Marker 99.5, Key Largo, FL 33037), ajoint venture, in order to renew the agreement between the parties dated September 9th, 1998. 1. In accordance with Article #4 - Term of Contract, this agreement is hereby renewed for one additional year. 2. Cancellation - Either of the parties hereto may cancel this agreement without cause by giving the other party (30) thirty days written notice of it's intention to do so. 3. In all respects, the agreement between the parties dated September 9th, 1998 remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, on this the day of , 2000. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CONTRACTOR (A joint venture): ATTEST Danny L. Kolhage, Clerk Genuine Parts Co. MAutoP~ . .t.,0 LOCW~~ ATTEST Vin Aut arts ' By Mayor/Chairman Beckman Auto Parts BY~ Title ~, ATTEST~C'~A~ ~ RENEW AL AGREEMENT THIS RENEWAL AGREEMENT is made by and between Monroe County, 5100 College Road, Stock Island, Key West, Florida 33040 and Genuine Parts Company d/b/a NAP A Miami Distribution Center, 9250 NW 58th Street, Miami, FL 33178/NAP A franchises (NAPA Auto Parts, 2334 N. Roosevelt Blvd., Key West, FL 33040: NAPA Auto Parts, U.S. 1, Key West, FL 33040: Vincent Auto Parts, 4801 U.S. 1, Marathon, FL 33050; Beckman Auto Parts, Mile Marker 99.5, Key Largo, FL 33037), a joint venture, in order to renew the agreement between the parties dated September 9th, 1998. 1. In accordance with Article #4 - Tenn of Contract, this agreement is hereby renewed for one additional year. 2. Cancellation - Either of the parties hereto may cancel this agreement without cause by giving the other party (30) thirty days written notice ofit's intention to do so. 3. In all respeCts, the agreement between the parties dated September 9th, 1998 remains in full force and effect. IN ~J'NESS WHEREOF, the parties have hereunto set their hands and seal, on this the Ij'tlt day 0~4<)t;L)71 ,1999. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CONTRACTOR (A joint venture): By ~"';~A'~: .~~ Mayor/Chairman ATTESTJkJJC. ~)1~ Danny L. Kolhage; Clerk 12-- n I ATTEST VfL ATTEST Beckman By Title ~: ATTEST j/ " ''''"'-- ('1 c"eLI.-{Fi..l .~t!-1 Cf9-i~ . . . MONROE COUNTY CONTRACT AUTOMOTIVE & ROLLING EQUIPMENT PARTS AND SUPPLIES MONROE COUNTY, FLORIDA COUNTY ADMINISTRATOR James L. Roberts CLERK OF mE CIRcurr COURT Danny L. Kolhage BOARD OF COUNTY COMMISSIONERS Mayor Jack LondoD, District 2 Mayor Pro Tem Wilhelmina Harveyt District 1 Shirleyt Freeman, District 3 Keith Douglass, District 4 Mary Kay Reich, District S DIRECI'OR OF PUBUC WORKS C. Dent Pierce DIRECI'OR OF MANAGEMENT SERVICES Roy Sanchez August 1998 Prepared by Monroe County Public Wolks Fleet Management Services Department ,., . .' AGREEMENT AUTOMOTIVE AND ROLLING EQUIPMENT PARTS AND SUPPLIES Monroe County, Florida This AGREE1vfENT is made by and between Monroe County, 5100 College Road, Stock Island, Key West, Florida 33040 (hereinafterrefeaed to as "owner") and Genuine Parts Company d/b/a NAPA Miami Distribution Center, 9250 NW 58th Street, Miami, FL 33178 /NAPA franchises (NAPA Auto Parts, 2334 N. Roosevelt Blvd, Key West, FL 33040; NAPA Auto Parts, US 1, Stock Island, Key West, FL,33040; Vincent Auto Parts, 4801 U.S.I, Marathon, FL 33050; Beckman Auto PartS, Mile Marker 99.5, Key Largo, FL 33037, ajoint venture, hereinafter referred to as "contractor") for AUTOMOTIVE AND ROLLING EQUIPMENT PARTS AND SUPPLIES contract. The OWNER and the CONTRACTOR agree as set fonh as follows: ARTICLEI-THECONTRACTDOC~NTS The ContraCt Documents consist of this Agreement, the Non-Collusion Affidavit, the Lobbying and Conflict of Interest Clause (Sworn Statement under Monroe County Ordinance # 10-1990), the Drug-Free Work Place Form, the Insurance Documents, Appendix ~ Vehicle List, the contractor's bid, and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8. ARTICLE 2 - THE WORK A. All stock items, parts and supplies shall be approved standard brands and of the highest quality available. 'Stock items' are defined as all parts and supplies delivered from the NAPA Distribution Center in Miami, Florida. The Owner reserves the right to purchase from other vendoIS, e.g. limited items are available at State Contract prices which the Contractor may not be able to match. B. Resaleable and slow moving inventory, as detem1ined by the contractor, shall be picked up and credit written to Monroe County 111 retum for new reclassified parts and supplies. C The Contractor shall provide in stock delivenes within one worldng hour and special order shipments of parts/supplies each workday IIlOming at each area garage located in Key West, Marathon and Plantatlon Key, Florida. ... 2 . , . ." ARTICLE 3 - ASSIGNMENT A. The Contractor shall not assign or subcontract this agreement, except in writing and with the prior written approval of the Owner and Contractor, which approval shall be subj~ to such conditions and provisions as the Owner and Contraetor deem necessary. This agreement shaIl be incorporated.by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless ~}Ju:;jsly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Owner in addition to the total agreed- upon price of the services/goods of the Contractor. B. The Contractor shall not utilize in its performance under the contract any Subcontractor, Supplier or other person or org~n;7~on against whom the Owner may have reasonable objection. ARTICLE 4 - TERM OF CONTRACT A. This contract shall be for a period of one (1) year, with two (2) one-year options to renew at the discretion of the Owner. This contract shall commence on the day in which it has been executed by both parties. ARTICLE 5 - SCHEDULE The ContraCtor shall commence Work to be performed under this Contract no later than ten (10) calendar days from Notice to Proceed. ARTICLE 6 - CONTRACT PRICE The OWNER :ihall pay the CONTRACTOR in accordance with the following schedule: . A. Percentage above Contractor provided price sheets: cost as stated on price sheet plus 0 (zero)%. B. Percentage above original invoice price for items picked up from dealers or second party distributors: cost plus 25%. C: Up to two stock orders per week, per County garage, shall be shipped from the NAP A Miami Distribution Center to the local NAPA store serving that garage. That store shall deliver the stock order to the County Garage.. These stock orders shall be priced at true jobber cost (actual price paid by the NAPA Auto Parts Store) plus 3% to 5% depending on the product line and manufacturer. ARTICLE 7 - PAYMENT PROCEDURES A. The Contractor shall subniit invoices for payment monthly for all parts and supplies provided under this-contract f9ftheprevious month. ". 3 , . . B. Payment by the owner shall be made for stock . 'to: NAPA Miami Distribution Center, 9250 NW S81h Street, Miami, FL 33178; for other purchases payment shall be made to: Beckman Auto Parts, Key Largo, Vincent Auto Parts, Marathon, and NAPA Auto Parts, P.O. Box 2607, \Norcross, GA 30091 (for the Key West and Stock Island stores). ARTICLE8-CONTRACTDOcrnMENTS The ContraCt Documents which comprise the entire agreement between the OWNER and the CONfRAcrOR concerning the Work consist of the following: 1. This Agreement 2. Non-Collusion Affidavit .. . 3. The Lobbying and Conflict of Interest Clause 4. The Drog-Free Workplace Form S. Insurance Documents 6. Appendix A, Vehicle list 7. The Contractor's Bid 7. Contract Modifications (If any) There are no ContraCt Documents other than those listed above" in this Article. The Contract Documents may only be amended, modified, or supplemented upon prior written approval by Board of County Commissioners. ARTICLE 9 - INDEMNIFICATION AND HOLD HARMLESS The ContraCtor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe CountY) and any other losses, damages, and expenses (including attorney's fees) which arise out ot: in connection with, or by reason of services provided by the Contractor or any of its SubcontraCtor(s) in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ARTICLE lO-LAW AND VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any dispute arising under' this contract shall be hi a court of competent jurisdiction in Monroe County, Florida. . . ARTICLE 11 - PUBLIC ENTITY CRIME STATEMENT A person or affiliate who:'has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide ." 4 .1 any goods or services to a public entity, may not submit a bid on a ~~irtract with a public entity for the consiruction or repair of a public building or public work, may not submit bids on leases of real property to public entity, and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with ay public entity a, and may n6t \tranSact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($3,000.00) for a period of36 months from the date of being placed on the convicted vendor list. ARTICLE 12 - JOINT VENTURE In perfonning its obligations within the scope of this Agreement, each joint venturer listed above acknowledges that it acts as a principal on its own behalf and as an agent for its co-venturerS and each joint venturer has the power to bind the other in matters within the scope of this Agreement. Eachjoint venturer listed above.acknowledges that it is liable to the County for all the obligations and duties of the Contractor set forth in this Agreement except for those obligations and duties specifically made by this Agreement the responsibility of a single joint venturer. ARTICLE 13 - WARRANTY INFORMATION All automotive parts supplied pursuant to this Contract are' subject to the terms of the written warranties provided by the manufacturerS of the part. Genuine Parts Company will use reasonable commercial efforts to assist Owner in processing all warranty claims and in pursuing any and all remedies that the Owner may have against under the manufacturers wammty as the end user of the partS The manufacturers warranty will be the sole and exclusive remedy of the Owner in connection with any claims concerning the product supplied pursuant to this Contract. These warranties do not cover claims for incidental or consequential damages. AlL OTHER WARRANTIES INCLUDING ANY IMPLIED W ARRA.NTIES OF MERCHANTIBn..ITY OR FITNESS FOR A PARTICULAR PUROSE ARE HEREBY EXCLUDED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Owner. Some states do not allow the exclusion of limitation of incidental or consequential damages so the above limitations or exclusion may not apply to Owner. This warranty gives Owner specific legal rights and Owner may have other rights which vary form state to state. ." 5 ., - . . .' FORM OF AGREEMENT IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this Agreement in four copies. One counterpart each has been delivered to the CONTRACTOR, OWNER (DIREcro~ FLEET MANAGEMENT SERVICES DEPARTMENT), COUNTY ATIORNEY and CLERK OF nIB CIRCUIT COURT. All portions of the Contract Documents have been signed or identified by the OWNER and CONTRACTOR. This Agreement will be effective on ~-r:;~~1- 9.1 I q 9 f / OWNER: MONROE COUNTY BOCC CONTRACTOR (A joint venture): Genuine Parts Co. (dbaINAPA Auto Parts) BY ~ . ,-Jl Mayor' ~ Local ~J ATIEST~~CLL..J. (~. !p-#u:.n:t.4\TIEST Danny L. Kolhage, Clefk 9-"/-93 ;~certA~P.arts\AI.V. . ~ TldeQ:!J ~~t ATTEST Y:)., I , ~ ...,/ 4 Beckman Auto Parts ADDRESS FOR GIVING NOTICES: Monroe County Fleet Management Services 3583 S. Roosevelt Blvd. Key West, Fl 33040 Genuine Parts Company 9250 NW 5~lh Street Miami, FL 33178 Attenti~n: Teny McCarthy .. 6