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Home My WebLink AboutCity of Tamarac Resolution R-2009-147Temp. Reso. # 11707 October 15, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AUTHORIZE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND MACMILLAN OIL COMPANY, INC. FOR THE PURCHASE OF GASOLINE UTILIZING THE CITY OF PLANTATION AGREEMENT; AUTHORIZING PURCHASE OF GASOLINE IN THE QUANTITIES NEEDED BASED ON THE OIL PRICE INFORMATION SERVICE PRICE INDEX COST AT THE TIME OF DELIVERY; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; 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, continuity of supply is essential to uninterrupted service to the public, especially in response to emergencies, such as a hurricane; and WHEREAS, The City Commission of the City of Tamarac, under Resolution No. R- 2005-214 approved an Agreement with MacMillan Oil Company on November 23, 2005, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, The Agreement has subsequently been renewed annually by City Commission via Resolution R-2006-142, via Resolution R-2007-121, and via R-2008-120, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, City of Tamarac Code, §6-154, allows the Purchasing Officer the authority to waive purchasing procedures to procure supplies, materials, equipment, and services which are subject to contracts with other governmental agencies when the best interest of the City would be served; and Temp. Reso. # 11707 October 15, 2009 Page 2 WHEREAS, the City of Plantation, and MacMillan Oil Company of Florida, Inc. have given the City permission to utilize the current renewal of the agreement, hereto attached as Exhibit 1; 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 agreement between the City of Plantation and MacMillan Oil Company be utilized for the purchase of gasoline; and WHEREAS, on September 8, 2009 the City of Plantation renewed the contract with MacMillan Oil Company effective immediately through September 30, 2011, hereto attached as Exhibit 2; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to authorize an Amendment to the Agreement between the City of Tamarac and MacMillan Oil Company for the purchase of gasoline effective November 1, 2009 through October 31, 2010, a copy of said Agreement is included herein as Exhibit 3. 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. All exhibits attached hereto are expressly incorporated herein and made a part hereof. 1 n n 1 Temp. Reso. # 11707 October 15, 2009 Page 3 SECTION 2: The appropriate City Officials are hereby authorized to authorize an Amendment to the Agreement between the City of Tamarac and MacMillan Oil Company for the purchase of gasoline, a copy of said Agreement is included herein as Exhibit 3. SECTION 3: The purchase of gasoline from MacMillan Oil Company in quantities needed based on the OPTS Price Index at the time of delivery is hereby authorized. SECTION 4: All budget amendments for proper accounting purposes are hereby authorized. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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. # 11707 October 15, 2009 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of Lwll_�q , 2009. ATTEST: MARION SWE ON, CM CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. //jjS4r__ rA�JEC,.OREN CI TORNEY 1 BETH FLANSBAUM-TAL BISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL ! - DIST 2: VM ATKINS-GRAD 1 DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER 1 L PURCHASING AND CONTRACTS DIVISION October 8, 2008 Mr. William Putnam MacMillan Oil Company of Florida, Inc. 2955 E. 11 t" Ave. Hialeah, FL 33013-3509 RE: Agreement Renewal Agreement for Gasoline for the City of Tamarac Dear Mr. Putnam: The City's Agreement with your company to provide gasoline for the city is currently set to expire. The original agreement, dated August 22, 2007, provides for additional one- year renewals, subject to renewal of the original Agreement by the City of Plantation, Florida. Please print and execute two (2) originals of the attached Agreement Amendment. Please be sure that this document is fully executed by the person designated on the attached signature page and by your company's Corporate Secretary. In addition, please ensure that the Corporate Acknowledgement is fully notarized. Please return the two (2) original documents to the Purchasing & Contracts Division by no later than October 14, 2009. Sincerely, Keith K. Glatz, CPPO Purchasing & Contracts Manager Attachment 'ared to sue. , 4-. 7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 j P: 954.597.3570 I F: 954.597.3%5 EQUAL OPPORTUNITY EMPLOYER f t7nmruc AMENDMENT #2 TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND MACMILLAN OIL COMPANY OF FLORIDA, INC. f'rucitrt.sirt,� I>rit,,tt3rr The CITY OF TAMARAC ("City") and MACMILLAN OIL COMPANY OF FLORIDA, INC., a Florida Corporation with principal offices located at 2955 E. 11th Ave., Hialeah, FL 33013 (Contractor) agree to execute Amendment #1 to the original Agreement dated August 22, 2007 for the purpose of providing gasoline for the City of Tamarac as follows: 1. Per the terms of Section 3 of the original Agreement dated August 22, 2007, the City and Contractor agree to exercise the renewal option for a term effective November 1, 2009 through October 31, 2010. A copy of the renewal notification from the City of Plantation is attached hereto as Agreement Amendment #2, Exhibit A. 2. Section 3 of the Agreement shall be amended as follows: 3. Term: The term of this Agreement shall be for a one year period effective Geteber November 1, 2008 2009. 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. All other provisions of the original Agreement, as amended, remain in effect as written. Remainder of Page Intentionally Blank fooqoroc Div? w on IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor and its City Manager, and MacMillan Oil Co. of Florida, Inc. signing by and through its President, duly authorized to execute same. ; ATT arion 4Swenson CIVIC ity Clerk Date ATTEST: (Corporate Secretary) Daisy Gamin- o Type/Print Name of Corporate Secy. CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Date ' Jeffrey LMiller, City Manager Date Appr7Cand legal sufficiency: S u 1 S ren, City Attorney I a-z7--1 Date MacMillan Oil Co. of Florida, Inc. Company Name Signature of President Amancio Alonso Type/Print Name of President L�-/ I /0C (CORPORATE SEAL) Date i " h{ o/ ,1- ro s r" a:� CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate aforesaid and in the County aforesaid to take acknowledgments, personally appeared Amancio Alonso, President of MacMillan Oil Co. 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 t_ day of c> �� 5 �- , 2009. Signat a of Notary Public State of Florida at Large � Print, Type or Stamp Name of Notary Public William P Putnam COMMISSION#DD799318 EXPIRES: JUN. 22, 2012 Personally known to me or i�'• a^ WWW.WONNoTARY..com ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. 1 'Fih' R[INfA'A/' tS & ,Ilit�t�.'tJ),f '1;r,, 1I `fart 0d t1avm r/ '<s i,�a;d" I". 77II r, L MACMILLAN OIL COMPANY OF FLORIDA, INC. 2955 EAST 1 tT�i AVENUE, HIAI-EAH, FL 33013-3509 Ph: 305-691-7814 Ext. 33 Fax 305-693-1880 CITY OF TAMARAC 7525 NW 8e Avenue October 08, 2009 Tamarac, Florida 33321 ATTN — Keith Glatz, Purchasing and Contract Manager consider this proposal for your fuel delivery requirements. Macmillan will provide yThank you for considering Macmillan Oil Company of Florida, Inc for your fuel delivery service. Please reliable delivery service as per your needs and instructions. our city with our Pricing of the fuel is based on the day of delivery's current Market Price set by the Oil Price Index Service (OPTS) at Port Everglades, Florida. CONTRACT FOR FUELING SERVICE — CITY OF TAMARAC TERMS AND CONDITIONS Description - Price based on OPIS daily average + Mark UP (M/U) per gallon Ultra Low Sulfur Diesel — Tank Wagon OPIS + .0800 Off Road (Dyed) Diesel - Tank Wagon OPIS + .0825 87 octane - E10 or Gasoline - Tank Wagon OPTS + .0850 Ultra Low Sulfur Diesel Transport OPIS + .0299 ($35.00 split loads) 87 octane - E10 or Gasoline -Transport OPTS + ,0299 ($35.00 split loads) Tank Wagon delivery - 6,000 gallons or less Transport delivery - 6,001 gallons or more ORDERS - We request all orders be faxed to (306) 691-7817, DELIVERY —Within 48 hours from the time the order is placed (Normal Conditions) PAYMENT TERMS — 30 days from the date of delivery. CONTRACT TERMS — The term of this contract is One Year (360 days) from the date of acceptance. EMERGENCY CONTACT — Dispatch (305) 766-7206. Once again we thank you for this opportunity to serve you. Sincerely, William Putnalp SeP. B. ZUUJ 10:27AM No.8218 P. 2 OFFICE OF THE MAYOR Rae Carole Armstrong Mayor FINANCIAL SERVICES Herbert V. Herrman Dlfeotor PURCHASING DIVISION Andrew Bacchi Manager September 8, 20D9 Mr. William Putnam General Manager MacMillan Oil Company 2955 East 111h Avenue Hialeah, Florida 33013 Dear Will; Plmtatjon file gm&s is ncr" CITY COUNCIL Diane Veltri Bendekovlc President Jerry Fadgen President Pro -rem Dr. Robert A. Levy Peter S. Tingom Sharon Moody Urip This letter is to express the City of Plantation renewal of a new agreement for fuel delivery to the City. The agreement will be for TWO years, beginning immediately. The dates will expire on 9/30/2011. Although service has not been Interrupted, this is a formality for our book-keeping purposes. As always, I and the City appreciate your company's rapid and diligent response to our needs for unleaded and diesel fuels. I look forward to our continued relationship. erely, Andrew Bacchi Purchasing Manager City of Plantation 400 NW 73f6 Avenue, Plantation, FL 33317 T:954.797.2048 • F:954.797.2649 www.ptantation.org PURCHASING AND CONTRACTS DIVISION October 8, 2008 Mr. William Putnam MacMillan Oil Company of Florida, Inc. 2955 E. 11 th Ave. Hialeah, FL 33013-3509 RE: Agreement Renewal Agreement for Gasoline for the City of Tamarac Dear Mr. Putnam: The City's Agreement with your company to provide gasoline for the city is currently set to expire. The original agreement, dated August 22, 2007, provides for additional one- year renewals, subject to renewal of the original Agreement by the City of Plantation, Florida. Please print and execute two (2) originals of the attached Agreement Amendment. Please be sure that this document is fully executed by the person designated on the attached signature page and by your company's Corporate Secretary. In addition, please ensure that the Corporate Acknowledgement is fully notarized. Please return the two (2) original documents to the Purchasing & Contracts Division by no later than October 14, 2009. Sincerely, Keith K. Glatz, CPPO Purchasing & Contracts Manager Attachment 7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 1 R 954.597.35701 F: 954.597.3565 EOUAL OPPORTUNITY EMPLOYER nj 1 ari or"'c AMENDMENT #2 TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND MACMILLAN OIL COMPANY OF FLORIDA, INC. The CITY OF TAMARAC ("City") and MACMILLAN OIL COMPANY OF FLORIDA, INC., a Florida Corporation with principal offices located at 2955 E. 11th Ave., Hialeah, FL 33013 (Contractor) agree to execute Amendment #1 to the original Agreement dated August 22, 2007 for the purpose of providing gasoline for the City of Tamarac as follows: Per the terms of Section 3 of the original Agreement dated August 22, 2007, the City and Contractor agree to exercise the renewal option for a term effective November 1, 2009 through October 31, 2010. A copy of the renewal notification from the City of Plantation is attached hereto as Agreement Amendment #2. Exhibit A. 2. Section 3 of the Agreement shall be amended as follows: 3. Term: The term of this Agreement shall be for a one year period effective Getebef November 1, 2008 2009. 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. All other provisions of the original Agreement, as amended, remain in effect as written. Remainder of Page Intentionally Blank X7{' +�; 1.117C7YilC 1'trrcl��z trr� 1>lvi.4'it�r� IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor and its City Manager, and MacMillan Oil Co. of Florida, Inc. signing by and through its President, duly authorized to execute same. ATT Varion Svv�nson, CIVIC ity Clerk` '0 Date ATTEST: (Corp P Pr,,. a %— AI.eNS u Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC Beth Flansbauum--Ta abisco, ayor Date Jeffrey ill r, City Manager Date la-1 Date rm and legal sufficiency: n, City Attorney MacMillan Oil Co. of Florida, Inc. Company Name Signature of President Amancio Alonso Type/Print Name of President I� Date 011, uj 1 czw'W"tc CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF Jksq. ! r <lrtz*str' l)itiisicir= I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate aforesaid and in the County aforesaid to take acknowledgments, personally appeared Amancio Alonso, President of MacMillan Oil Co. 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 \ 4 day of oc--TnL. of , 2009. ... '6-6� rPt-. William P. Putnam n COMMISSION#DD799318 dr?o� E WIRES: JUN, 22, 2012 �yWWAARONWTARY.com Sign re of Notary Public Stat6 of Florida at Large I &rj%hfe Print, Type or Stamp Name of Notary Public Q� Personally known to me or ❑ Produced Identification Type of I.D. Produced a DID take an oath, or ❑ DID NOT take an oath. r `17k 161"W"IfAL 4VII•ti11,S & A1 01,1A f>,i 114)r Iltllan Od tlai:Aldkt a fit ta( o,, zd 2/0) (koc i zt� >r l< rrrrr� l'rn°�f�a.or�r�w� 1)ie�sdae�r AGREEMENT AMENDMENT #2, EXHIBIT A ". 77I / r. L MACMILLAN OIL COMPANY OF FLORIDA, INC. 2955 EAST 11T11 AVENUE, HIAI.EAH, FL 33013-3509 Ph: 305-691-7814 Ext. 33 Fax 305-693-1880 CITY OF TAMARAC October 08, 2009 7525 NW 8e Avenue Tamarac, Florida 33321 ATTN — Keith Glatz, Purchasing and Contract Manager Thank you for considering Macmillan Oil Company of Florida, Inc for your fuel delivery service. Please consider this proposal for your fuel delivery requirements. Macmillan will provide your city with our reliable delivery service as per your needs and instructions. Pricing of the fuel is based on the day of delivery's current Market Price set by the Oil Price Index Service (OPTS) at Port Everglades, Florida. �_ CONTRACT FOR FUELING SERVICE — CITY OF TAMARAC TERMS AND CONDITIONS Description - Price based on OPIS daily average + Mark UP (M/U) per gallon Ultra Low Sulfur Diesel — Tank Wagon OPIS + .0800 Off Road (Dyed) Diesel - Tank Wagon OPTS + .0825 87 octane - E10 or Gasoline - Tank Wagon OPTS + .0850 Ultra Low Sulfur Diesel Transport OPTS + .0299 ($35.00 split loads) 87 octane - E10 or Gasoline -Transport OPTS + .0299 ($35.00 split loads) Tank Wagon delivery - 6,000 gallons or less Transport delivery - 6,001 gallons or more ORDERS - We request all orders be faxed to (306) 691-7817. DELIVERY — Within 48 hours from the time the order is placed (Normal Conditions) PAYMENT TERMS 30 days from the date of delivery. CONTRACT TERMS — The term of this contract is One Year (360 days) from the date of acceptance. EMERGENCY CONTACT — Dispatch (305) 766-7206. Once again we thank you for this opportunity to serve you. Sincerely, William Putnalp