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Home My WebLink AboutCity of Tamarac Resolution R-2008-1201 1 Temp. Reso. # 11449 August 8, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008-,�?6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN 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, and via Resolution R-2007-121 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 Temp. Reso. # 11449 August 8, 2008 Page 2 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 utilize the current renewal of the agreement, hereto attached as Attachment A to Exhibit 1, respectively; 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 August 12, 2008 the City of Plantation renewed the contract with MacMillan Oil Company effective immediately for a period of one year, incorporated herein by reference and on file in the office of the City Clerk; 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 a one year extension 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 1. 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. 1 1 Temp. Reso. # 11449 August 8, 2008 Page 3 SECTION 2: The appropriate City Officials are hereby authorized to authorize a one year extension 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 Gvhihi4 1 SECTION 3: The purchase of gasoline from MacMillan Oil Company in quantities needed based on the OPIS 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. THIS SPACE INTENTIONALLY LEFT BLANK Temp. Reso. # 11449 August 8, 2008 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of ,r , 2008. 1-1 I►TA I'_\YelZ ATTEST: RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO �-` CITY CLERK DIST 1: COMM PORTNER 4 )� DIST 2: COMM ATKINS-GRA DIST 3: V/M SULTANOF Z/ DIST 4: COMM. DRESSLER I HEREBY CERTIFY that ly I have approved this RESOLUTION as to form. GOREN C T ATTORNEY 1 ...r nttrrn+ Jtt;^rr, lJi 1s,'iiif AMENDMENT #1 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: 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 October 1 2008 through September 30, 2009. A copy of the renewal notification from the City of Plantation is attached hereto 1, Exhibit A. as Agreement Amendment # ,., 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 October 1, 2007 2008. 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 Zvi Yl',.'il; i. (// .%. >.`'/`/i 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. CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor //'5-Au- Date ATTEST: Jeffrey L. Miller, City Manager G Marion Swenson, CIVIC Date City ClerWC Date ATTEST: Approve as to rm and legal sufficiency: a (t/Samu S. G ren, City Attorney q - v7 Date MacMillan Oil Co. of Florida, Inc. Company Name (C orate Secretary) Signature of President Type/Print Name of Corporate Secy. (CORPORATE SEAL) Amancio Alonso Type/Print Name of President Date lrirnc;rcu y ru, %;ri r�r .+ii,'�;rr ;; CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF XM,kor, 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 L3 ,•• r •a, William T? Putnam rs?' tC0MMW10N#DD799318 'V' EXPIRES: JUN. 22, 2012 hi�'pF'F�, pt Nun,a` WWW.AA.RONNOTARY.com day of , 2008. W-t-��a Signat re of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public 5 - Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. . ...... ... . . .......... . .......... ... AGREEMENT AMENDMENT #1 , EXHIBIT A . ....... . ..... .. ... . .. . ... . .. .... . . . . .... ..... . ....... ............. .... . l, i iic vyj,', !, , ,Aug,13- 2008 9:440 No•4801 P. I {OFFICE OF THE MAYOR Rae Carole Armstrong Mayor FINANCIAL SERVICES Herbert V. Herrlman Director PURCHASING DIVISION Andrew Sacchi Manager August 13, 2008 Mr, Troy Gies Budget and Contracts Manager City of Tamarac 6011 Nob Hill Road Tamarac, Florida 33321 Dear Tray; Plantation the grass is greener" Attached (per your request) is the updated agreement with MacMillan Oil. CITY COUNCIL Rico Petroceill President [Diane Veltri Bendekovic President Pro Tem Sharon Moody Uria Dr. Robert Levy Jerry Fadgen This letter also serves as notice that the City of Plantation has given permission to the City of Tamarac to use our current renewal agreement with MacMillan Oil. If you have any questions, or problems, please call on me for assistance, i cerely, Andrew Bacchi Purchasing Manager City of Plantation 400 NW 73"d Avenue, Plantation, FL 33317 T; 954,797,2648 • P' 954.797.2649 www,piantation,org 08�'14ur 13, 2008 9:44AM No•4801 P. 2)ot/ool MACMILLAN OIL COMVANV OF FLORIDA, INC. 20$5 EAST 111'R AVENUE, HIAr fZAH, FL $3013-3509 Ph: 305,691-7814 Ext, 33, Fax 305.693.1080 CITY OF PLANTATION 400 NW 701" Avenue Plantation, Florida 33317" ATTN — Andrew Bacchi, C,RM• August 12, 2008 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 oc per your moons and instructions. Pricing of tho fuel Iq based on the day of delivery's Current Market Prioe set by the tail price index Service (01216) at port Everglades, Florida. CONTRACT FOR FUELING SERVICE - CITY OF PLANTATION TERMS AND CONDITIONS Deecrlptlon - Prue based on CIPIS daily average + Mark UP (M/U) per gallon Ultra Low Sulfur Diesel - Tank Wagon OPIS + .0800 Off Road (Dyed) Dlosel - Tank Wagon OPIS + .0825 67 ootans - E10 or Gasoline - Tank Wagon OPIS + .0650 Ultra Low Sulfur Diesel Transport OPIS + .0299 ($35,+00 split loads) 87 octane - E10 or Gasoline-Transporl 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 (305) 691.7817, DELIVERY Within 46 hours from the time the order Is placed (Normal Conditlons) PAYMINT TERMS — 30 days from the date of delivery. CONTRACT TERMS — Tha term of this contract is One Year (360 days) from the date of acceptance, EMERGENCY CONTACT — Yoder Hurtado (305) 7d6.7206. Once again we thank you for this opportunity to serve you, Sincerely William Putn Received Time Aug,12, 5:40PM