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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-214Temp Reso # 10849 Page 1 November 10, 2005 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-.� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE PURCHASE OF GASOLINE FROM MACMILLAN OIL COMPANY OF FLORIDA, INC. UTILIZING THE CITY OF PLANTATION AGREEMENT DATED SEPTEMBER 9, 2005 THROUGH SEPTEMBER 8, 2006; AUTHORIZING TOTAL ANNUAL EXPENDITURES FOR THE PURCHASE OF GASOLINE NOT TO EXCEED $155,500; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, gasoline is necessary in order to operate the City fleet; and WHEREAS, the current suppliers awarded an Agreement under Resolution No. R- 2005-111 approved by the City Commission on June 22, 2005, a copy of which is hereto attached as Exhibit 1, are unable to meet all of the requirements for the City's needs; and WHEREAS, in order to provide for continuity of fuel supplies, it is necessary to award a supplemental Agreement for gasoline; and WHEREAS, the City of Plantation, Florida has executed an Agreement with MacMillan Oil Company of Florida, a copy of which is attached hereto as Exhibit 2; and WHEREAS, the City of Tamarac Code, §6-155, allows the Purchasing Officer the authority to procure, without following purchasing procedures, materials and equipment which are the subject of contracts with other governmental agencies when the best interest of the City would be served; and WHEREAS, the City of Plantation and MacMillan Oil Company of Florida, Inc. have given the City permission to piggy -back off of this Agreement, included herein as Exhibit 3; and Temp Reso # 10849 Page 2 November 10, 2005 WHEREAS, MacMillan Oil Company of Florida, Inc., has executed an Agreement with the City to provide gasoline to the City attached hereto as.Exhibit 4; and WHEREAS, funds are available for the purchase of gasoline; and WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing and Contracts Manager that the City of Plantation Agreement be utilized forthe purchase of gasoline; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to purchase gasoline Utilizing this City of Plantation Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITYCOMMISSIPN, OF'THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and I confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to purchase gasoline fuel from MacMillan Oil Company of Florida, Inc., under the City of Plantation Agreement . SECTION 3: The purchase of gasoline utilizing the City of Plantation Agreement is hereby authorized in an annual amount not to exceed $155,500. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end the provisions of this Resolution are declared to be 1 1 severable. SECTION 6: passage and adoption. Temp Reso # 10849 Page 3 November 10, 2005 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this cO day of , 2005. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �SAMU L S OREN CITY AT RNEY r SCHREIBER < ayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS T FR 1 0.5 � EXHIBIT Temp Reso # 10740 June 6, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2005- I I I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE PURCHASE OF GASOLINE FROM SMF STREICHER MOBILE FUELING, INC. AND MANSFIELD OIL COMPANY OFGAINESVILLE, INC, UTILIZING BROWARD SHERIFF'S OFFICE CO-OP CONTRACT # 5-3-8-049; AUTHORIZING TOTAL ANNUAL EXPENDITURES FOR THE PURCHASE OF GASOLINE NOT TO EXCEED $155,500; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, gasoline is necessary in order to operate the City fleet; and WHEREAS, City of Tamarac Code, §6-154, allows the Purchasing Officer the authority to join with other units in cooperative purchasing when the best interest of the City would be served; and WHEREAS, the Broward Sheriffs Office issued Bid # 5-3-8-049 on behalf of the Southeast Florida Governmental Purchasing Cooperative (hereto attached as Exhibit 1), and WHEREAS, the City of Tamarac is a member of the Southeast Florida Governmental Purchasing Cooperative; and WHEREAS, the Broward Sheriff s Office has awarded Bid # 5-3-8-049 (a copy of the bid responses and award notification hereto attached as Exhibit 2 and Exhibit 3 respectively) to SMF Streicher Mobile Fueling, Inc. and Mansfield Oil Company of Gainesville, Inc. for the purchase of gasoline for the period starting July 1, 2005 and terminating on June 30, 2008 with two (2) additional one (1) year renewal options; and WHEREAS, funds are available for the purchase of gasoline; and Temp Reso # 10740 June 6, 2005 Page 2 WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing and Contracts Manager that Broward Sheriffs Office Co -Op Bid # 5-3-8-049 be utilized for the purchase of gasoline; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to purchase gasoline Utilizing this Broward Sheriffs Office Cooperative Purchasing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof, SECTION 2: The appropriate City Officials are hereby authorized to purchase gasoline fuel from SMF Streicher Mobile Fueling, Inc. and Mansfield Oil Company of Gainesville, Inc under Broward Sheriff's Office Co -Op Contract # 5-3-8-049. SECTION 3: The purchase of gasoline utilizing the Broward Sheriffs Office Co-op Contract #5-3-8-049 is hereby authorized in an annual amount not to exceed $155,500. -SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end the provisions of this Resolution are declared to be severable. Temp Reso # 10740 June 6, 2005 Page 3 , I SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this .1.1 day of �j tAa 2005. : iJ E SCHREIBER ayvo r ATTEST: /�x RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER Ai e- CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GtAN INTERIM CITY ATTORNEY I I v - L V � -t OFFICE OF THE MAYOR Ras Qgtyole Armstrong Mayor FINANCIAL SERMCES Herbert V. Herriman Director PURCHASING DIVISION Andrew Bacchi . September 9, 2005 Mr. Marcio Cardoso Energy Consultant MacMillan Oil Co, of Florida 2955 East 1 1'h Avenue Hialeah, Fl. 33013 Dear Marcio; P&nwdon the grass is greener T OR i o a 4�, E�<"1431T 2 CITY COUNCIL Sharon We Preaidenf Jerry Fadgen Pr&Sident P10 Tom Dr. Robert Levy Diane Veltri Bendekovic Rico Petrocell! I am in r8ceiPt Of your renewal letter dated 9/8/05, (for fuel delivery to the City of Plantation) and wish to go forward with this renewal for the period of one year. The renewal can be considered effective immediately. Thank you for attention to our needs, and the quick response time(s) that you and your staff have afforded to the City. Any questions or concerns can be addressed to me and I will assist in resolving any problems, ,pincerely, *An&drew Bacchi Purchasing Manager Cc: H. Herriman City of Plantation 400 NW 73rd Avenue, Plantation, FL 33317 -r- MC A -7n� A 0 r. "&CA 17n� Nr-,,n 11 1 1 1 1 1 - L V V V I V - 7 1 nlyl OFFICE OF THE MAYOR Rae Carole Armstrong Mayor FINANCIAL SERVICES Herbert V. Herrimian Director PURCHASING DIVISION Andrew Bacchi November 14, 2005 Mr. Keith Glatz Purchasing Manager City of Tamarac 7525 NW 88 Avenue Tamarac, Fl. 33321 Dear Keith; Plmtation the grass Is greener 11 U - t 0 1 � r - j CITY COUNCIL Sharon Uria President Jerry Fadgen President Pro rem Dr. Robert Levy Diane Veltri Bendekovic Rico Petrocelli This letter will serve notice that the City of Plantation has given permission to the City of Tamarac to use our current agreement with MacMillan Fuel Oil Company, If there are any problems, please do not hesitate to call upon me for assistance. Wncerel IL Y' (jkAnd-r&eAw/ Bacchi Purchasing Manager rd City of Plantation 400 NW 73 Avenue, Plantation, FL 333117 T: 954-797-2648 9 F; 954.797-2649 www.plantation.org MACMILLAN OIL CO OF FLORIDA9 INC. 2 955 EAST I I TH AVE * H IAL LAH, FIL 33013 Phone 305-691-7814 x 29 0 Fox 306-691-7817 Marcio Carftso city Of Plantation Y181ZO05 400 N.W, 70 th AVE Plantation , F1 33317 Mr -,Andrew Bacchi, C,PA Thank you f;;r considering Macmillan Oil Company for your fuel Jellvery service. Please consider this proposal for your required fuel delivery needs, schedulied or call in. Macmillan Oil , will provide the City Of Plantation with our reliable f uel delivery service as per your instructions - Pricing for your fuel is b=ed an that day's r�urrent Market Pricz set by the Oil Price 1ndGX Service at Port Eyergiddes, Florida (OP15) Contract for tankrefuelln _q servlceat�Cijy Of Plantamon TtEMS and Condit Discription: Based on OPIS daily Avera!9e/ Low Sulfur biesel- Tank Wagon Hi.9h Sulfur - Tank Wagon Regular Gasoline - Tank wagon Regular Gasoline Or LS Diesel Transport WU .0800 .0825 .0850 '0280 Fuel Brand : Sonoco.Valero,Tronsmont, and others. Tank Wagon delivery considered 6,000 gallon or less, Transport 6.001 gallon.% or more. Delivery -, Under normal conditions 48 hours from time order placed. Emergency contact: Marclo Cardoso 954-274-9517 / 305-691-7814 ext 29 / Amanclo Alonso (President.) 305-691-7814 ext 32 /Home # 305- $54-0815 0 The term of this contract is one year f rom date' of accootance. Once again, thomk you in advance f or the opportunity and consideration. 5incerely, Marclo Cardoso Energy consultarit Q�eceived Ti�lmile Sep. 9, 10:21AM TR'-108�t9 'x",BIT 5 MACMILLAN OIL CO OF FLORIDAv INC. *00 2955 EAST 11 TH AVE * HIALEAH,FL 33013 Phone 305-691-7814 x 29 0 Fax 305-691-7817 Marcio, Cardoso CIty Of 7-amarac RIBIZ005 6011 NOS Hill RD Tamarac , Fl 33321 Mr., Keith Glatz , Purchasing and Contract's M9r, Thankyou for considering Macmillan Oil Company foryour fuel delivery service. Please consider this proposal for your required fuel delivery needs, scheduled or call in, Macmillan Oil , will provide the City Of Tamarac with our reliable f ugl delivery service as per your instructions. Pricing for your fuel is based oji that days current Market Price set by the Oil Price Index 5ervice, at Port Everglades, Florida (OPIS) Colyi1ract for ftik refuelin q service af-Oty Of 717mg?rac Terms and biscription; Based on OPIS daily Average/ M/U Low Sulfur Diesel- Tank Wagon .0800 High Sulfur - Tank Wagon .0825 Regular Gasoline - Tank wagon .0850 Regular Gasoline Or LS -biesel Transport .0280 Fuel Brand : Sonaco,Vallero,Transmont,and others. Tank Wagon delivery considered 6,000 gallon or less. Transport 6.001 gallons or more. belivery : Under normal conditions 48 hours from time order placed. Emergency contact: Marcia Cardoso 954-274-9517 / 305-691-7814 ext 29 / Amanclo Alonso (President.) 305-691-7814 ext 32 /Home # 305. 854-0815 a The term of this contract is one year f rom date of acc Once again, thank you in advance for the opportunity and consideration. Sincerely, Marcio Cardoso Energy Consultant • Macmillan oil Company Of Florida, Inc. 2955 East 11 TH AVE • Hialeah, FL 33013 305.691-7814 Ext29 ' Fax: 305-691-7R I i 1n4_R01_1Qon To: /Yr. �r,Ari9 L, r G�i•�ri•� Fax: (/ /P Y - From; Marcia Cardoso Date: 0 6 . . . . . . 6 1 . . . . . . . . . . . . . . TIRI oe.49 EXP11t3pr t ot Tamarac Purchasing and Contracts DiViSi0h ...... . ...... ............. . .. . .... . . . . . . . . . ............................................ .................. AGREEMENT BETWEEN THE CITY OF TAMARAC AND MACMILLAN OIL COMPANY OF FLORIDA, INC. THIS AGREEMENT is entered into on-- [)CxtCMbe,( 2005 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (City) and MacMillan Oil Company of Florida, Inc., a Florida corporation with principal offices located at 2955 E. 1 11h Ave., Hialeah, Florida 33013 (Contractor) for the purpose of providing gasoline to the City of Tamarac. The parties hereby agree to the following terms and conditions. I . In return for valuable consideration in an amount based upon actual usage of gasoline, Contractor shall comply with the terms and conditions within the City of Plantation, Florida Agreement dated September 9, 2005 attached hereto as Exhibit A. All terms and conditions of the contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Exhibit B attached hereto and incorporated herein as if set forth in full. 2. Pricing: Pricing for gasoline shall be as indicated in Exhibit B attached herein. Pricing shall be for fuel delivery to th ' e City of Tamarac Department of Public Works facility at 6011 Nob Hill Road, Tamarac, Florida 33321. Pricing for gasoline shall be based on the daily Oil Price Index Service (OPIS) pricing -at Port Everglades, Florida, The vendor shall add a factor of .0850 for regular gasoline, tankwagon deliveries, and .0280 regular gasoline. 3. Term: The term of this Agreement shall be for a one year period effective October 1, 2005. The City reserves the right to renew this Agreement in one year increments, in the event that the Agreement is renewed by the City of Plantation. 4. Upon execution of this Agreement, all references made to the City of Plantation Agreement in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac",and "City of Tamarac Commissioners", 5. Insurance: In addition to the insurance requirements stated in the City of Plantation Agreement, Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. The following minimal insurance Moc"14i"er ar Oi! Pk"qyha0k-d()(-, City of Tamarac Purchasing and Contracts Division .......... ...................... ........... .... . .... . ..... . ........................................ . ....... . ........... ............... ... coverage shall be provided: a. Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. b. Comprehensive General Liability: The Consultant shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. c. Business Automobile Liability: The Consultant shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. e. The City must be named as an additional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. g. In the event that sub -contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. h. Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. L Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain Such insurance. Contractor's Liability Insurance policies shall be endorsed to add 2 UACA0 APPROVE"D AGREEMEWMAgrPeMent -- Moc%10n Oil P�pgylx.,�ck doc of Tamarac Purchasing and Contracts Division 1. .... . ............ . . ..... . ............... . . . .. . . . ... ...................... . - . . . . . ............. IV. I 1� ___­­_ - - __ - - 11 1-111111111111-11 1 __ - __ - ­­­-­­ __ ­­­­ ­1 "1 "I'll-111. the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 6. Indemnification: a. Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractors, any sub -contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. c. The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement, Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 7. Non-Discri m I nation & Equal Opportunity Employment: During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified, The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that 3 U-'.G'.4(.) APPROVEH) of Tamarac Purchasing and Contracts Division ..... ......... I ........ ... — ------ . ...... I.-I-�-....�..-.,.�--...--..�--..--.---.. . ...... . ....... .... . ..... Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 8. Independent Contractor: Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 9. Assignment and Subcontracting: Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 10. Termination: 10.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 10.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 11. Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 12. Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 13 Signatory Authority: The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 14. Severability; Waiver of Provisions: 4 APPROVE) AIRCM11W) Oil P4.7gy1mck.doc City of'Tatnarac Purchasing and Contracts Division .......... (e. ____ ­­ .. . . .. ... . ..... ................ Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 15. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the City and the Contractor. 16. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 17. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; s ' ent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address CONTRACTOR MacMillan Oil Co. of Florida, Inc. 2955 East 1 11h Ave. Hialeah, FL 33013 Attn: Amancio Alonso, President 5 UAGAO A 1"PROVED A GRE',`TIVIEN I S'Agreermmt ­ M,9CM&On (AP0(gyb,�.xk.(Y0C Purchasing and Contracts Division City of Tamarac IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and MacMillan Oil Co. of Florida, Inc., signing by and through its President duly authorized to execute same. —ATTEST: -M Swens6n, CIVIC anon iCity Clerk DAte ATTEST: \Sion—ature d4aawate Secretary Daisy Canino Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC ,.','�6e Schreiber, Mayor I k'Ci I 0< D61te Jeffrey L'Mil0r, City Manager Date Approvedias to form and legal sufficiency: ot Samu6I S. Goren,/WteriM- City Attorney 1 L2 Q Yate MACMILLAN OIL CO. OF FLORIDA, INC. Company Name _§7gV__a_ture of President/Owner Amancio Alonso, President Type/Print Name of President/Owner Zo Date of Tamarac Purchasing and Contracts Division .... ..... . . . . . ....... . . . ........ .......... -.1--.- - - — - -- - - ---- ----------- ......... . ...... . ...... . .................. �0 ... . .......... . . ...... . . ................... .... . ............ . CORPORATEACKNOWLEDGEMENT STATE OF FLORIDA: :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Amancio Alonso, President of MacMillan Oil Company of Florida, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this eQ day of 2o(:,a. �) Z=e of otary Public b-WMWW&NWNWE DAISYC~C OT t-1 ida at Large Notary Public - State of Florida My Commission Expires Jun 3. 2007 n e or Stamp Boncled By National -otary Public Personally known to me or El Produced Identification Type of I.D. Produced El DID take an oath, or El DID NOT take an oath.