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
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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.