PROVIDE PARTS SUPPORT TO MAINTAIN CITY OWNED VEHICLES/EQUIPMENT
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AGREEMENT
for
PARTS SUPPORT
This agreement is made and entered into on this AS'*' day of ~ llq.q~
and between the City of Clearwater, Florida (City) and Anderson Auto Parts Co.,
Inc.(Contractor).
WITNESSETH:
WHEREAS the CITY desires to engage the Contractor to provide parts support required
to maintain City owned vehicles/equipment in accordance with Request for Proposal No.
145-97.~ and
WHEREAS the Contractor desires to provide such professional services in accordance
wiilitmsA~~mem~and
WHEREAS the CITY selected the Contractor in accordance with the competitive selection
process described in Section 287.055 of the Florida Statutes, and based on information and
representations given by the Contractor in a proposal dated July 7, 1997 and Anderson
Auto Parts letter dated July 28, 1997.
NOW, THEREFORE, in consideration of the promises and the mutual bene1its which will
accrue to the parties hereto in carrying out the terms of tms Agreement , it is mutually
understood and a~eed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The Contractor shall provide all required replacement and repair parts for the City owned
vemcles and equipment under the terms, conditions, and specifications ofRFP No. 145-97,
and as contained herein. All parts will be supplied at the lowest bid prices including all
contractor related costs and profit. There will be no additional costs to the City other than
space and those costs such as utilities as defined herein.
2.0 PARTS SUPPORT AND SERVICES
2.1 Quality of Parts to be furnished: All parts, including new, rebuilt, used , and
reconditioned furnished to the City shall meet or exceed the quality of the parts
furnished on the original piece of equipment (OEM) and up~ded quality that may
have developed over time. Failure to provide items of such quality will be cause for
rejection and/or return of said item. The burden of proof and cost of analysis will be
that of the parts vendor. There will be no re-boxing of parts. Rebuilt or
remanufactured parts shall have been dismantled and reconstructed as
necessary to put the product in sound working condition.
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2.2
The contractor aJes to convey to the City the same warrant against defective parts
he receives from his/her supplier. Warranties will be included in the bidders
proposaJ. Items received from the vendor that are unserviceable or substandard will
be returned to contractor for full credit or for exchange for a serviceable item.
Additional warranties provided by the Contractor will be a positive consideration
upon bid review.
2.3
Items excluded from this contract:
a. Lubricants: Lubricants delivered into City-owned tanks/drums are excluded
from tms contract. The parts vendor shall order all other lubricants from the
specifications provided by the City and shall maintain an adequate stock on hand
for issue as required. The Special Price List (SPL) service charge applies to all
lubricants ordered and issued by the parts vendor.
b. Tires: Tires (including recapped tires) of all types and sizes are excluded from
the contract.
c. Parts purchased by the City under separate repair and maintenance contracts
and blanket purchase orders at attached listing.
d. Parts covered by vehicle manufacturer's warranty.
2.4 Receipt and Storage. The Contractor will be responsible for all incoming
shipments of material to be delivered to the store. The Contractor retains
ownersmp of all parts and supplies until sold to and received by a City
representative.
2.5 Personnel.: The Contractor will insure that sufficient competent personnel are
available at the store location at all times to provide uninterrupted service to Fleet
Maintenance personnel. The Contractor's parts store manager position is
considered a key essential position and must be filled with a highly qualified
individual. Resumes must be provided for all personnel and be included in the
parts vendor's response to the RFP. The City may request replacement of non-
satisfactory employees.
2.6 Contractor Changeover. The City reserves the right to conduct site visits in all
Contractor operated facilities in conjunction with the solicitation of offers for the
follow- on contract. In the event the follow-on contract is awarded to other than
the incumbent, the incumbent Contractor will cooperate to the extent required to
permit an orderly change-over to the successor Contractor at a specified date.
2.7 Contract Progress. The appropriate representatives of the Contractor and the City
will meet monthly to review the contract perfonnance. Performance deficiencies
will be discussed and corrective action developed. Failure of the Contractor to
correct deficiencies will result in contract price deductions per the following
schedule.
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CONTRACT DllcREPANCY
I DEDUCTION
$ 100.00 per event
a. Failure to operate the store at required hours.
b. Failure to obtain approval from the Fleet
Administrator or designated representative
to purchase a single part with a unit cost over
$ 500.00 or a quantity of any single item that
exceeds $ 7500.00.
c. Failure to forward copies of all previous
days invoices by 9:00 am the following
work day. Time and each invoice are events.
d. Failure to provide correct price discount
on invoices for each line item.
$ 50.00 per event
$ 25.00 per event
$ 25.00 per event
e. Failure to provide parts within prescribed
delivery date/time per contract terms. $100.00 per event
2.8 Parts Order Limitations. The City will not place or will the Contractor accept
orders under the contract for a single item, the unit cost of which exceeds $ 500.00
or a group of items the cost ofwmch exceeds $7500.00 without prior approval of
the Purchasing Manager or ms designated representative.
2.9 The Contractor wiD not sell parts from the City parts room to City employees or
the public at large for their personal use when in the performance of this contract.
2.1 0 Validation of Contractual Actions. The Contractor agrees that the City shall, until
the expiration offjve (5) years after final payment under this contract, have the right
to examine on a scheduled or random basis parts vendor records, books,
documents, and other evidence and practices in order to substantiate the validity of
all transactions involving Special Price List (SPL), Non-Price Listed (NPL) and
Price Listed (PL) items. Examination will be performed by representatives of the
Purchasing Office, Internal Auditor or General Services Department Controller.
2.11 Contract Renewa1/Extension. This contract is for a term of two (2) years from date
of execution. City may terminate tms contract for convenience with tmrty (30) days
written notice to Contractor. The Contractor may terminate this contract for
convenience with ninety (90) days written notice to the City. This contract may be
renewed under the same terms and conditions for three (3) additional one (1) year
terms by City by giving Contractor thirty (30) days written notice prior to
termination of the previous term.
2.12 State and Federal Taxes. State Sales Tax exemption number 62-02-134859-54C
and Federal Excise Tax exemption numbers 59-78-01 05-K apply to all transactions
covered by this contract.
2.13 Price List Coverage. It is the City's objective that parts requirements be covered by
price lists to the maximum practical extent. Recurring orders from NPL source will
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be cause for consJdering incorporation of additional price I!ts. The Contractor will
analyze NPL parts consumption on a monthly basis and forward a copy of the
analysis and recommendations to the Fleet Administrator not later than the fifth
workday of the following month. Bidders shall include in their proposal a copy of
procedures that will be used for the monthly reviews to determine if a NPL item
should be price listed. If analysis of NPL items indicates that an item should be
price listed and the item is not price listed within 15 calendar days, the City will
have the option to secure such price lists, incorporate them into the contract, and
require the Contractor to use them.
2.14 Non-Priced Listed (NPL) Parts. The parts vendor is expected to procure NPL
parts from the source that meets the City's required delivery date at the least
possible cost. NPL parts are those parts which are not included in any published
price list incorporated in the contract. It is the intent of this contract that the
contractor supply these parts to the City at the net invoice pri~e after trade
discount, less that portion of the prompt payment discount offered to the store
contractor by the supplier , exclusive of any markup, profit, overhead
administrative expenses not provided for in the contract. The City reserves the
right to purchase NPL parts from sources other than this contract when the delivery
date/time does not meet the City's needs and or the unit cost of the item exceeds
$500.00 or a group of items exceeds $ 7500.00.
a. Sales or transfers of parts between a parent company and/or subsidiaries or
affiliates in which the Contractor (or principals of the vendor) has a financial
interest, which increases the price to the City are prohibited.
b. The Contractor must assign an alpha code to each source of supply for SPL
and NPL parts and enter that code on his invoice. A listing of codes will be
provided the Fleet Administrator and updated as necessary to reflect changes.
2.15 Special Price List (SPL) Parts. It is the City's objective that parts are purchased at
the best possible cost. The City may direct the Contractor to purchase parts from
sources (attachment C) that offer the City discounts and purchasing advantages not
available from the Contractor vendor. Bidders are required to include in their
proposal a service charge schedule/rate for such parts/materials. Handling services
include parts research, ordering, receiving, stocking, and documenting issue of
parts.
2.16 Default of Contract. The City may, by written notice to the contractor, terminate
tms contract if the contractor has been found to have failed to comply with the
terms/obligations of this contract in a manner satisfactory to the City and the
Contractor has failed to correct documented discrepancies. The City shall be sole
judge of nonperformance.
2.17 Payments. Payments will be made monthly upon receipt of a monthly statement.
Monthly statements will be submitted to Fleet Maintenance with a copy to the City
Finance Department. Bidders are required to submit a sample of their monthly
inVOice.
2.18 Daily parts issues. All issues of parts/materials will be recorded on sequentially
numbered invoices. Invoices will indicate if the part(s) is (are) price listed (PL),
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special price IistJ (SPL), or non-price listed (NPL). FJ SPL and NPL parts, a
local developed code by the City will be used and entered on the invoice indicating
the source of supply. One copy of the invoice will be provided the location
supervisor and the original copy will be forwarded to Fleet Maintenance
Administration not later than 9:00 am daily. Copies of all invoices including
voided or otherwise non-usable invoices will be forwarded to Fleet Maintenance
Administration or designated assistant not later than 9:00 am daily.
2.19 Authorized Issues by the Contractor. The Fleet Administrator will provide a list of
City personnel with authorized to order and receipt for parts. All persons
requesting parts that are not on the list will be referred to the Fleet Administrator or
designated assistant.
2.20 City personnel will provide the Contractor a parts request form that will include the
part description and year, make, model, "G" number of the unit/vehicle, and work
order number. Incomplete request must be returned to the requester for
completion. If and when available and if requested, part numbers/samples will be
provided to assist the Contractor to identifY required parts. The Contractor is
1 00% responsible for providing the correct part. Every effort will be made to break
"sole source" situations created when a part loses its identity after being
incorporated into the end item by the OEM.
2.21 Stock Level and Consumption Data The Contractor will be required to establish
on-site stock levels based on the vehicle fleet and equipment maintained by the
City.
a. Fast Moving Parts. A stock level of fast moving parts will be maintained on site
for immediate issue. Bidders must submit a "fast moving parts" plan that
includes determining stock levels, reorder points, economic order quantities,
seasonal parts support, and just-in-time stocking.
b. All other parts. Contractor is expected to make aU other parts available
according to the following schedule:
1. Parts available within the Clearwater city limits must be delivered within
one hour after receipt of a parts request from Fleet Maintenance personnel.
2. All other parts not available within the City limits and available within the
Pinellas County and non-incorporated areas must be delivered within two
(2) work hours after receipt of a parts request from Fleet Maintenance
personnel.
3. Parts available within a 40 miles local trade area, will be provided within
four (4) work hours from date/time a Fleet Maintenance parts request is
submitted to the Contractor.
4. Delivery dates/times of parts not available within 40 mile shopping arealwill be provided not later than an agreed upon and documented expected
delivery date established by the location supervisor and Parts Store
Manager.
c. Backordered Parts. The Contractor will provide the requester an estimated
delivery date (EDD) for backordered parts. If the estimated delivery date does
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not meet the JeedS oflhe City and the Contractor canlt improve the delivery
date through the use of premium transportation and communications, the City
reserves the right to purchase the part from other sources. Bidders must
include in their proposal a plan to avoid backordered parts conditions, control
backordered parts and provide Fleet Maintenance up to date status.
2.22. Credits. In the event either warranted parts, or incorrect parts, are supplied and
charged, but later returned for credit, the Contractor will process a credit invoice.
2.23. Corrections and Adjustments. After distribution of invoice documents, prices,
extensions, additions and/or deletions may be corrected and adjusted on the issue
document and all copies providing such corrections and/or adjustments are initialed
by both the Contractor and Fleet Maintenance representative.
2.24. Location of Store. The contractor operated parts store is located in Fleet
Maintenance, 1900 Grand Avenue, Clearwater, Florida. Should relocation of the
store be required, the Contractor shall relocate his personnel and inventory, plus
any equipment furnished by the City for store operation at his/her expense. The
Contractor shall continue to provide uninterrupted service as required by this
contract, relocation notwithstanding.
2.25. City Furnished Facilities, Equipment and Utilities. The items and/or services listed
below will be furnished to the contractor for use in the operation of the contractor-
operated Parts Store. Any other equipment, supplies, services, etc., required, will
be the responsibility of the Contractor. City furnished items are as follows:
a. Free standing, Air conditioned Parts and Office Area.
1. Metal shelves, 7' x 3' x 18", 8 sections.
2. Metal shelves, 7' x 3' x 12", 13 sections.
3. Metal shelf, 5' x 3' x 18".
4. Metal fitting bins, 3'6" x 3'12", two (2) bins.
5. Parts window and 16' of counter and built in storage space.
6. Fuel and vacuum line display.
7. Gasket display board, 3' x 7' on wall.
8. 50' of belt hanging brackets (18' home made).
b. Office with furniture, 9'7" x 9'5".
1. Four (4) drawer wooden desk, 5' x 3'.
2. Four (4) drawer metal desk, 5' x 30".
3. Two (2) drawer metal filing cabinet
4. Two (2) desk chairs with wheels.
c. Office with furniture, 9'7" x 7'4".
1. Built in computer shelf, 8' x 4' x 24" wide with three (3) drawers and
three (3) shelves.
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2. Four (4)ldraWer metal filing cabinet. I
3. Two (2) 8' x 12" shelves, above computer shelf
4. Two (2) 4' x 4' pegboard areas above computer shelf
d. Storage area, 15' x 11', wire cage with sliding door (at rear of parts area).
1. 12' x 3D" built in bench.
a. Hydraulic fitting and hose storage under bench.
b. Gates hydraulic hose cutoff saw mounted on bench.
c. Chain cutter mounted on end of bench.
2. 3' x 3' x 12" battery display shelves, three (3) sections.
3. Metal shelf, 7' x 3' x 12".
4. Hose hanging brackets, six (6) brackets.
e. Utilities (electrical) and toilet facilities.
f One phone and line (cost of installation and monthly charges of additional
phone(s) and line(s) will be that of the Contractor).
g. Parking area for employees and pickup/delivery vehicle(s).
h. Original equipment manufacturers parts catalogues located in each work
location technical library .
2.26 Housekeeping. The Contractor will perform normal housekeeping functions and
comply with applicable City and Sate Safety regulations.
2.27 City Liability. The City shall not be liable for any loss or damage to the
contractor's property, including stock or for expenses incidental to such loss or
damage.
2.28 Security Requirements. The Contractor and his employees will comply with all
the City's security regulations and practices.
2.29 Fire Prevention and Protection. The Contractor and his employees will comply
with all City and State Fire regulations. City Fire Departmental may make periodic
routine inspections for regulation and fire safety standards. No chemicals will be
brought into the fleet maintenance facility until Material Safety Data Sheets are
provided to the Fleet Administrator for review and approval. Smoking is prohibited
within Fleet Maintenance facilities.
2.30 Warranty of Supplies. The City will be afforded at least the same warranty the
Contractor receives from his supplier. Bidders are required to submit their
warranty policy that includes warranty period with their proposal..
2.31 Pricing of Price Listed Parts. For purposes of this contract, the "Suggested List
Price" less the applicable discount, will be considered as the item price. All price
lists included in the bidder's proposal will be made a part of this contract and filed
in the parts store for ready reference. Updated, changed, modified price lists must
to
be coordinated Jth the Fleet Administrator and copies 01 same will be forwarded
to the Purchasing officer for incorporation in the City's files. Price lists must be
prepared in accordance with attached instructions and included in the bidder's
proposal.
2.32 After Hours Support/Overtime. The Contractor may be required to work overtime
or respond to after hours support requirements. Bidders must submit a proposed
overtime billing schedule with their proposal and a after hours support plan.
2.33 Brand NamelRemanufactured/Rebuild Specification: The City reserves the right to
specifY, based on past experience and unique operational requirements, that the
Contractor purchase brand name parts .and/or use certain rebuilt/remanufactured-
parts wmch have proven to be superior in terms of quality, service life, warranty,
etc. The Fleet Administrator shall specifY the above in writing to the Contractor
with a copy to the Purchasing Office. The Contractor shall propose appropriate
pricing to the Purchasing Manager for review and incorporation into the contract.
2.34 Contractor Inventory System. Bidders must submit a copy of their initial start-up
store inventory and re-stocking plan with their proposaJ.
2.35 Indemnification. Contractor agrees to protect, defend, and indemnifY and hold the
City and its Officers, employees and agents harmless against any losses, penalties,
damages, settlements, costs, charges, fees or other expenses or liabilities of every
character arising out of tms Agreement due to any negligent act or omission of the
Contractor or its employees arising directly or indirectly out of Contractor's
performance hereof
2.36 Attorneys Fees and Jurisdiction. In the event that either party seeks to enforce tms
Agreement through attorneys-at-law, then the parties agr~ that the prevailing party
shall be entitled to attorneys fees and costs, and that jurisdiction for such an action
shan be in a court of competent jurisdiction in Pinellas County, Florida.
2.37 Existing City Stock of Parts and Materials. The City has accumulated stock in the
parts room. Bidders are required to incorporate these items in their stock. All
bidders must include in their proposaJ a plan to provide the City credit for these
parts/materials and a price schedule for these items.
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IN WITNESS WHE!OF, the City and Contractor have execJcd this Agreement on
the date first above written.
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By:
-cl~dh M. Dcplula- (h.'<:hGl~' \<.ob~
City Manager
Approved as to form:
Attest:
~~
John C. Carassas
City Attorney
Anderson Auto Parts Co., Inc.
By JJ~:r~
Its ()~ ~ . - 41AA1~
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