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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-1211 1 Temp. Reso. # 11250 August 6, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-. 9 1 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 DATED SEPTEMBER 9, 2007 THROUGH SEPTEMBER 8, 2008; 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 FORAN 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 was subsequently approved by City Commission on August 23, 2006 under Resolution R-2006-142, 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. # 11250 August 6, 2007 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 Attachments A and B 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 March 29, 2007 the City of Plantation renewed the contract with MacMillan Oil Company effective immediately for September 9, 2007 through September 8, 2008, 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 1 Temp. Reso. # 11250 August 6, 2007 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 Exhibit 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. Temp. Reso. # 11250 August 6, 2007 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 4L'*&y ofJw�, 2007. ATTEST: r MARION SWENS N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MgUEL S. GOREN CITY ATTORNEY F'rj '!;& 04 mw"�o RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCOTa44 DIST 1: COMM. PORTNER IST 2: COMM. ATKINS-GRAD akke IST 3: V/M SULTANOF altit- DIST 4: COMM. DRESSLER 1 TR 11250 EXHIBIT 1 (�1%' ), �C!))Tl/I'f'Xf.'......................._._......__..____—...,......,..............�,..,,.�P.,,...,,....., ?'�r �...........�(.)!lfP,7('d? Division .................. ........._....._ ....... _........_.... _..- - -- — ----- . .. . ............. . . . .......... . ....... V1 AGREEMENT BETWEEN THE CITY OF TAMARAC AND MACMILLAN OIL COMPANY OF FLORIDA, INC. THIS AGREEMENT is entered into on 2007 between the City of Tamarac , a 4 m municipal corporation with principal offices located at 7525 NW 88 Avenue, Tamarac, Florida 33321 (City) and MacMillan Oil Company of Florida, Inc., a Florida corporation with principal offices located at 2955 E. 11 th 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. 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 8, 2006 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 the 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 (OPTS) pricing at Port Everglades, Florida. The vendor shall add a factor of .0850 for regular gasoline, tankwagon deliveries, and .0299 regular gasoline, transport delivery. 3. Term: The term of this Agreement shall be for a one year period effective October 1, 2007. 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 l'itt, 1)fY7 If turac P'rrrcltGtsirt_>. <\ ('nlrh•itc'ts 17it�irrort in force throughout the term of this agreement. The following minimal insurance 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. f. 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. i. Contractor shall indemnify and hold the City harmless for any damages 01"Y o/ I omanic f'rarcicrsiu cl' (;crrtrzrctsl)ir>isrorr resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add 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 -Discrimination & 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 if required. 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 C'ill, o irrnurr is f"arr•cluasrrrt; A' C'nrrtrct<.'r,> /)ivisin�a 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 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 City 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: hv', basing & ('olv.nwCS Divlsioa 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: 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 parry 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; sent 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. QITY City Manager City of Tamarac th 7525 NW 88 Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR MacMillan Oil Co. of Florida, Inc. 2955 East 111h Ave. Hialeah, FL 33013 Attn: Amancio Alonso, President C'iR� �r1"Tirrn�rr'nc (V ("onfracfs Division N 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. CITY OF TAMARAC Mayor Beth Flansbaum-Talabisco o� Date ATTEST: Jeffrey . Miller, City Manager Marion Swenson, CMC Date City Clerk Approved as to form and legal sufficiency: Date e S. Goren, City Attorney '6- Date ATTEST: MACMILLAN OIL CO. OF FLORIDA, INC. Company Name Signatur o rate Secretary Sign a ure of President/Owner Daisy Canino Type/Print Name of Corporate Secy Amancio Alonso, President Type/Print Name of President/Owner v Date CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: :SS _ COUNTY OF lei l> 6/: 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- ay off , 20 P'7 S nature ofNotary Public S State pf loftat Y Pam, J or eon *w Commission #DD272171 Expires: Dec 03, 2007 '°��•• ri�i�r,�yB�a�i' rwp Name of Notary Public Personally known to me or Produced Identification �- Type of I.D. Produced DID take an oath, or DID NOT take an oath. ' M - 26� 2007 3.'58PM EXHIBIT A OFFICE l THE MAYOR Rae Carole Armairong hleyor FINANCIAL SERVICES Hedwrt Vti Harfimert Modor PuRrew B*a DIVISION Andrew the nr Manager July 26, 2007 Mr. Troy Gies Budget and Contracts Manager City of Ternamc 6011 Nob HIII Road Tamarac, Florida $3321 CITY COUNCIL Dr. Robert Davy wed nt Rico PatroceUi Pmaldent Pno 7em Sharon Moody Urea Diane Valb i Bendskovie Jerry Fadgen Dear Troy; Attached per your request is the updated agreement with MacMillan 011. This letter will also serve as notice that the City of Plantation has given permission to the City of Tamarac to use our current renewal agreement with MacMillan Fuel Oil Company.. If there Is a problem or concern, kindly call me for assistance. sl rely) Andrew Bacchl Purchasing, Manager City of Plantation 400 NW 7r Avenue, Plardauon, I'L 33317 r, l+ftr 9AI1 -►&146 r• me Inv Oka AA o7/2dU I.25 2007 r 3: 56PM No.0979 P. 101/002 2035 E. Dili AVENUE HIAMN, FLORIDA 33013 tw Macmillan Oil Company OF FLORIDA` INC. CITY OF PLANTATION 400 NW 70 Avenue Plantallon, Florida 33317 Attn -- Andy EXHIBIT A PHONE (3031 691.781A FAX 13051 d91.787 July 25, 2007 Thank you For considering Macmillan Oil Company of FlorMa Ina for your fuel delivery service. Please consider this proposal for your required fuel delivery Reeds, scheduled or forced. Macmillan Oil Gomp■ny will provide your city with our rellabte fuel dellvery service as per your needs and InsuvrMans. Pricing for your fuel is based on the day of delivery's ourrent Market Price set by the Oil price Index Service at Port Everglades, Flodds (OPIS). CON CT FOR TANK REFUELING SERVICE — CITY OF PLANTATION AND CONDITIONS veserlptlon Price based on OPIS dolly average t Mark Up MIA Low Sulfur Dleeel — Tank Wagon 01018 + .0140 High Sulfur Diesel — Tank Wagon OPIS + .0095 Qsaallno Regular (87 octane) —Tank Wagon OPTS +.0060 Low sWtur Diesel —Transport 01P13 ♦ .0359 ($36.40 split loads) Goso_llnls Regular (87 Oatane) - Transport OPTS + .0999 ($35,00 split load Fuel 8uppllere —Sunoco, Valero, Marathon, Exxon, TranaMontaigne, and others. Tank Wagon delivery -- 6,000 gallons or leas. Transport Delivery — 6,0D1 gallons or more. De%nry- Under normal conditions within 40 hours from the time the order was placed, We reguee that all orders be foxed to 3CM91.7817. Mmagoncy Contact - Amanclo Alonso 30&76i-8574 TERMS - The term of this contract is one year from the date of acceptance Or+ve 49ain, we thank you in advance for this opportunity to service the needs of your city. 9lnaarely, Wmtsm Putnam Reca4ved Tito Ju1.25. 3;45PId 07/28/2007 18:08 FAX EXHIBIT B 2955 L Ibb AVENUE HIALEAH. FLORIDA 33013 July 26, 2007 Macmillan Coil Company or FLORIDA, INC. PHONE 13051 691-7014 FAX 13051691.7811 CITY OF TAMARAC 7525 NW W Avenue Tamarac, FI 33321 RE: Authorization Clty of Plantation Fuel Delivery Service Dear Sirs: We re pleased to Inform you that Macmillan Oil Company of Florida, Inc Is prepared to honor and comply the prices, terms and conditions within the City of Plantation Agreement, fuel deliver services for the City of Tamarac. Please use this letter as written authorization as we look forward to execute a Contract so that we may continue providing fuel services for you city. Sincerely, MACMILLAN OIL COMPANY OF FLORIDA, INC Amanclo Aionso President 00(/'JU/L0(r( 14:4y }nX 1a002/002 2955 E. ilih AVENUE HIALEAH, FLORIDA 33p13 CITY OF TAMARAC 7526 NW 88M Avenue Tamarac, Florida 33321 Macmillan Oil Company OF FLORIDA, INC, Attu - Keith platz - Purchasing and Contract Manager EXHIBIT B PHONE 1305) 691,7814 FAX t305) 691-7917 July 30, 2007 Thank you for considering Maomillan Oil Company of Florida Ino for your fuel delivery service. Please consider this proposal for your required fuel delivery neede, scheduled or faxed. Macmillan Oil Company will provide your city with our reliable fuel delivery service as per your needs and instructions. Pricing for your fuel 15 based an the day of delivery'a current Market Price set by the Oil Price Index Service at Port Everglades, Florida (OPTS). CONTRACT FOR TANK REFUELING SERVICE » CITY OR TAMARAC TERMS AND CONDITIONS Description Price based on OPUS daily average + Mark Up (M/U) Low Sulfur Diesel - Tank Wagon DPIS + .0800 Hlgh Sulfur Diesel - Tank Wagon DPIS + .0825 Gasoline Regular (07 octane) Tank Wagon OPTS + .0850 Low Sulfur Diesel - Transport DPIS + .0290 ($36.00 split loads) Gasoline Regular (87 Octane) - Transport OPI;S + .0299 ($35.00 split loads) Fuel Suppliers - Sunoco, Valero, Marathon, Exxon, TransMontaigne, and others. Tank Wagon delivery - 6,000 gallons or lass, Transport Delivery - 8,001 gallons or more. Delivery - Under normal conditions within 48 hours from the time the order was placed. We request that all orders be faxed to 305-691-7817. Emergency Contact, Amancio Alonso 306-761-8574 TERMS - The term of this contract is one year from the date of acceptance Once again, we thank you in advance for this opportunity to service thr needs of your city. Sincerely, 1-Willem Putnam