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Home My WebLink AboutContract 37796-A3 CITY SECRETARY CONTRACT NO. 3` -q 9—t43 AMENDMENT NO. 3 TO CONTRACT FOR THE PROVISION OF PARTS, SUPPLIES, STAFFING AND MANAGEMENT FOR THE CITY OF FORT WORTH STATE OF TEXAS COUNTY OF TARRANT THIS AMENDMENT TO CONTRACT NOS. 37796, 37796-A1 AND 37796-A2 (hereafter "the Amendment") is made and entered into the 22nd day of September, 2011, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located in Tarrant, Denton, Parker, and Wise Counties, Texas (hereafter referred to as "the City") acting by and through its duly authorized Assistant City Manager, and AUTOZONE TEXAS, L.P., a Delaware limited partnership, (hereinafter referred to as "AutoZone" or "Contractor"), both parties acting herein by and through their duly authorized representatives: WHEREAS, on October 15, 2008, the City entered into a contract ("the Contract") with AutoZone for the provision of parts, supplies, staffing and management for the City's vehicle and equipment parts facilities; WHEREAS, on March 22, 2010, the City and AutoZone amended that Contract to reduce staffing for the City's vehicle and equipment parts facilities; WHEREAS, on October 12, 2010, before CSC No. 37796 expired on October 14, 2010, the City extended that Contract for six (6) calendar months, with that amendment (CSC No. 37796-A2) beginning on October 15, 2010 and ending on April 14, 2011; WHEREAS, the Second Amendment to the Contract provided four (4) successive forty (40) day renewal terms; and WHEREAS,the parties have exercised all four successive forty day renewal terms, with the fourth and last renewal term ending on September 21, 2011; and OFFICIAL RECORD 09-27-1 1 P03 :23 IN CITY SECRETARY Amendment No.3 to Contract for the Provision of 09-38933PR321232L FT' WORT of H TX Parts,Supplies,Staffing and Management for the City of Fort Worth WHEREAS, AutoZone's current contract for the parts, pricing and delivery with U.S. Communities will expire on September 30, 2011. NOW, THEREFORE, the City and AutoZone agree to amend the terms of the Contract, Sections 4 and 5 of CSC No. 37796 and sections 1, 2 and 3 of CSC No. 37796-A2, as follows: I. k SECTION I DEFINITIONS is hereby amended to delete the definition of USC Agreement and to add the following definition: Y1'1 i rti i l�rr� �rr CIO , k� SC�U►�►"E" �X 1 ��4 WSCA Price Agreement shall mean the _//�� (�c�je��44% TV0 A q ff-c4 c-k Pd )--,u 4r-, Ct S �jc14,�+ The parties further agree that all uses of "USC Agreement" in the Contract are hereby replaced with"WSCA Price Agreement." 'G0 II. � SECTION 4 TERM OF CONTRACT is hereby amended to extend the term of the Contract until December 31, 2011. However, either party has the sole right to terminate this Contract before December 31, 2011, for any reason with thirty (30) days prior written notice to the other party. With respect to cancellation by the City, the notice shall be effective on the date that the City (i) hand delivers notice to AutoZone's representative at the address below: AutoZone Regional Office 4040 Fossil Creek Blvd Ste 200 B Fort Worth, Texas 76137 ATTN: Fort Worth Regional Manager and (ii) provides written notice by certified mail or overnight delivery by a reputable courier to AutoZone's legal representative to at the address below: AutoZone Texas, L.P. 123 S. Front Street, Dept. 8074 Memphis, TN 38103 ATTN: General Counsel Amendment No.3 to Contract for the Provision of Page 2 of 5 Parts,Supplies, Staffing and Management for the City of Fort Worth With respect to cancellation by AutoZone (Contractor), the notice shall be effective on the date that AutoZone (Contractor) (i)hand delivers notice to the City's representative at the address below: City of Fort Worth Equipment Services Division 4100 Columbus Trail Fort Worth, Texas 76133 ATTN: Director, City of Fort Worth Equipment Services Division III. EXHIBIT C is herby amended to remove the USC Agreement and replace it with the WSCA Price Agreement, which is attached to this Amendment as Exhibit C-1. IV. SECTION 21 NOTICES is hereby amended to delete "Executive Vice President— Commercial"in the ATTN line in Contractor's first notice address and replace it with"Senior Vice President---Commercial." All of the terms and provisions of the original Contract between the City and AutoZone shall remain in full force and effect except as specifically amended herein. EXECUTED on this day of ' , 2011. CITY OF FORT WORTH: AUT ZONE TEXAS,L.P.: By AZ Texas Operations,LLC,its general partner fy: AutoZone Stores,I •.,its sole mem By: g� Karen Montgomery 9 Name: Larry Roesel Assistant City Manager ��/�� Title: Senior Vice President, Commercial RECOMMENDED: By: By: 8 ayne m ---Name: David Goudge Director,lquipment Services RECa : Vice President, Commercial Sales CITY SECRETARY =ffz7w FT.WORTH, TX Amendment No.3 to Contract for the Provisio Page 3 of 5 Parts,Supplies,Staffing and Management for the City of Fort Worth APPROVED S TO FORM AND LEGA ITY: By: Cherl K. Byles ff Assistant City Attorney ATTEST: By:fy-\ M&C Authorization: s `" Marty HendriK Date Approved: — D City Secretary 00 a 0°0°�``�� Al O° 00 � O ° �"•o A, c C� ° ° d o o o !a 0 o° 0 .cy * o°000°oo° 40, 44.1 JIM N IAL RECORDSECRETARYORTH, TX Amendment No.3 to Contract for the Provision of Page 4 of 5 Parts,Supplies,Staffing and Management for the City of Fort Worth 1 ' EXHBIT C-I See Attached WSCA Price Agreement Amendment No.3 to Contract for the Provision of Page 5 of 5 Parts,Supplies,Staffing and Management for the City of Fort Worth E x k , b r � (:�--- 1 WSCA Price Agreement DGS RFP 57224 Exhibit 10.9 MINIMUM PRICING DISCOUNT LIGHT DUTY CARS/TRUCKS CATALOG DISCOUNT IS A FIXED PERCENTAGE OFF CATALOG PRICING FOR EACH CATEGORY SPECIFIED. FOR EVALUATION PURPOSES, ALL PARTS SHALL BE NEW AND UNUSED. BIDDER MUST SUPPLY A HARD COPY OF ALL CATALOGS REFERENCED. BIDDER MUST IDENTIFY CATALOG NAME NUMBER AND DATE FOR EACH CATEGORY ON A SEPARATE SHEET. CATEGORY DESCRIPTION PRICING DISCOUNT 1 AIR CONDITIONING 50% Off List Price 2 ALTERNATORS AND STARTERS 50%Off List Price 3 BATTERIES 50% Off List Price 4 BEARINGS, BALL AND ROLLER 50% Off List Price 5 BELTS AND HOSES 50% Off List Price 6 BRAKES 50% Off List Price 7 ELECTRICAL AND IGNITION 50% Off List Price 8 EMISSIONS AND EXHAUST 50% Off List Price 9 ENGINE AND DRIVE TRAIN 50% Off List Price 10 FILTERS, OIL, GAS,AIR,AND TRANS 50% Off List Price 11 GASKETS AND SEALS 50%Off List Price 12 HEATING AND COOLING (ENGINE) 50%Off List Price 13 LAMPS AND LIGHTING AND MIRRORS 50% Off List Price 14 OILS,AND LUBRICANTS REGULAR AND 50% Off List Price SYNTHETIC 15 PUMPS, FUEL AND WATER 50% Off List Price 16 SUSPENSION, SHOCKS, STRUTS,AND 50% Off List Price STEERING 17 WIPERSANASHERS 50%Off. List Price 18 WINTER ACCESSORIES 50% Off List Price Amendment No. 3 to Contract for the Provision of Page 6 of 6 Parts,Supplies, Staffing and Management for the City of Fort Worth