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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-1421 Temp. Reso. # 11011 August 23, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006 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, 2006 THROUGH SEPTEMBER 8, 2007; 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 by the City Commission on November 23, 2005, a copy of which is hereto attached as Exhibit 1, authorized an agreement between the City of Tamarac and MacMillan Oil Company for the purchase of gasoline; 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 WHEREAS, the City of Plantation, and MacMillan Oil Company of Florida, Inc. have given the City permission to piggy -back off of this agreement, hereto attached as Exhibit 2 Temp. Resd. # 11011 August 23, 2006 Page 2 and Exhibit 3, 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, 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 execute an 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 4. 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 execute an 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 4. 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. Temp. Reso. # 11011 August 23, 2006 Page 3 1 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. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , 2006. 1 ATTEST: MARION SW SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1 4. go, ir 71"0', i - Wr W, C if, F, , RETH • •- RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Temporary Reso. No. 11011 — Exhibit 1 Temp 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- 2005-11,1 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 Exhi i 3; and Temporary Reso. No. 11011 -- Exhibit 1 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 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 City of Plantation Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMIS;w,N. 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 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 Temporary Reso. No. 11011 —Exhibit 1 E I 1 Temp Reso # 10849 Page 3 November 10, 2005 severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this jgj day of , 2005. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMU L SIAOREN CITY ATIORNEY SCHREIBER ayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST a: COMM. ROBERTS Temporary Reso. No. 11.011 — Exhibit 1 TR100og EXHISIT I Temp Reso # 10740 June 6, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2005- 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 MANSFIEL❑ OIL COMPANY OF GAINESVILLE, 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 Sheriffs 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 Temporary Reso. No. 11011 --- Exhibit 1 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 Sheriff s 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: SEQjIQN 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 Sheriffs 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. ,S C�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. Temporary Reso. No. 11011 — Exhibit 1 Temp Reso # 10740 June 6, 2005 Page 3 1 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 2L _ day of. J tAa , 2005. J E SCHREIBER Mayor ATTEST: RECORD OF COMMISSION MARION SWE SON, CMG MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER _ DIST 2: VIM TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS - I HEREBY CERTIFY that W I have approved this RESOLUTION as to form. SAMUEL S. G6AtN INTERIM CITY ATTORNEY u TemporaT Reso. No. 1101,1� -libi 1 OFFICE OF THE MAYOR �OBgq E Yi -11 �T 2 CITY COUNCIL Res Cir'ole Armstrong — Sharon We Mayor Presfdenf FINANCIAL SERVICES Jerry Fadgen Herbert V. Herriman Director E'lysident PM %m PURCHASING DIVISION ,, �, Plmtadon Andrew Bacchi the grass is greener'" Dr. Robert Levy Diane Valid Bendekovic Rico Petrocelli September 9, 2005 Mr. Marcio Cardoso Energy Consultant MacMillan Oil Co. of Florida 2955 East 11th Avenue Hialeah, FI, 33013 Dear Marcia; 1 am in receipt of your renewal letter dated 918105, (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 1 will assist in resolving any problems. incerely, ,&J, Andrew Bacchi Purchasing Manager Cc: H. Herriman City of Plantation 400 NW 73n4 Avenue, Plantation, FL 33317 IV. nr A 7n-s ."W A P`, A[ A 7n� na •n i'II i I a V V V i v-Tinm OFFICE OF THE MAYOR Rae Carole Armstrong Mayor FINANCIAL SERVICES Herbert V. Heniman 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; Temporary Reso. No. 110 L j ;. hib4j CITY COUNCIL Sharon Uria President .ferry Fadgen President Pro 7em Pl=tation the grass 1s greener"` 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. cerely, Al- Bacchi Purchasing Manager City of Plantation 400 NW 73nd Avenue, Plantation, FL 33317 7: 954.797.2648 . F; 954.797.2649 www.Plantation.org Temporary Reso. No. 11011 — Exhibit 1 MACMILLAN OIL CC OF FLORIDAO INC. 2955 EAST i 1 TH AVE * HiAL. AH, FL 33013 Phone 30"91-7914 x 28 + Fax 306-691.7817 Marcio Cardoso City Of A700ti0n 9/8/Z005 400 N.W, 70 th AVE Plantation , FI 33317 Mr -,Andrew Bacchi, C.P.M, Thank you for considering Macmillan Oil Company for your fuel delivery service. Please consider this Proposal for your required fuel delivery needs, scheduled or call in, Macmillan Oil , will provide the City Of Plantation with our reliable fuel delivery s"Ice as per your instructions. Pricing for your fuel Is based on that day's current Market Price set by the Oil Price Index Service at Port Everglades, Florida (OPTS) Contract for tank refuel! service at-C Of Plarntat/an Te=Lpnd Copdltlo Discription: Based on CPIs daily Average/ WU Low Sulfur Diesel- Tank Wagon .0800 High Sulfur - Tank Wagon .0825 Regular Gasoline . Tank wagon .0850 Regular Gasoline Or Ls Diesel Transport '0280 Fuel Brand : Sonoeo,Valero,Transmont,and others, Tank Wagon delivery considered 6,000 gallon or less. Transport 6.001 gallons or more. Delivery : Under normal conditions 48 hours from time order placed. Emergency contact: Marcie Cardoso 954,-274-9317 / 305-691.7814 ext 29 / Amancio Aionlso (President.) 305-691-7814 ext 32 /Home # 305- 654-0815 • The term of this contract Is one year from date of accebtance. Once again, thank you in advance for the opportunity and consideration. 5incerely, Marcio Cardoso Energy Comftanr peceived TiMe Sep. 9. 10:21AM Temporary Reso. No. 1 jPj L�Exhibit 1 MACMILLAN OIL CO OF FLORIDA� INC. "'D 2955 EAST 11 TH AVE • HIALFAH,FL 33013 Phone 305-691-7814 x 29 • Fax 308-691-7817 Marcio Cardoso City 4f Tamarac RIBIZ0105 6011 NUS Hill RD Tamarac , FI 33321 Mr., Keith Qatz , Purchasing and Contract's Mgr, Thank you for considering Macmillan Oil Company for your 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 fuel delivery service as per your instructions. Pricing for your fuel is based on that days current Market Price set by the Oil Price Index Service at Port Everglades, Florida (DPIS) Contract for tank refueling service a T r s and Co dit Discription; Based on UPIS. daily Average/ Low Sulfur Diesel- Tank Wagon High Sulfur - Tank Wagon Regular Gasoline - Tank wagon Regular Gasoline Or L5 -Diesel Transport Of Tamdrac MiU .0800 .0825 .0850 .0280 Fuel Brand : Sonecoyalero,Transmont,and others. Tank Wagon delivery considered 6,000 gallon or less. Transport 6.001 gallons or More. Delivery : Under normal conditions 48 hours from time order placed. Emergency contact: Marcio Cardoso 954-274-9517 / 305-691 �-7814 ext 29 / Amancio Alonso (President.) 305-691-7814 ext 32 /Houle # 305- 854-0815 • The term of this contract is one year From date of acceptance. Once again, thank you in advance for the opportunity and consideration. Sincerely, Marcio Cardoso Energy Cpnaultaht ft Temporary Reso. No. 11011 — Exhibit 1 Mactnillan Oil Comp'lpy Of Florida,1w. 2955 Ent 11 TH AVE • Hfalerah, FL 33013 305-691-7814 Ext29 Fax; 305.691-7817 / 305-693.1 goo To' �.. ,_.. Fax: FMM: Marcie Cardoso Babe: �Gdi ............................ Temporary Reso. No. 11011 — Exhibit 1 TR9pg49 exr-„Bir � City of Tamarac Purchasing and Contracts Division f AGREEMENT BETWEEN THE CITY OF TAMARAC AND MACMILLAN OIL COMPANY OF FLORIDA, INC. THIS AGREEMENT is entered into on 0G/Cn1bc it go rd , 2005 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88t" Avenue, Tamarac, Florida 33321 (City) and MacMillan Oil Company of Florida, Inc., a Florida corporation with principal offices located at 2955 E. 11`h 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 inan 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 xhibit 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 (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 Exhi it 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 1 c,�:�:r��a�r-t>art•�'d,acarzeFr,�t'.nrrs��;g�Feme�,r.... n�t�,,cr�ti;ar. c�;i��5��;sn��c:�.rr�c Temporary Reso. No. 11011 — Exhibit 1 of Tamarac _ _ � Purchasing and Contracts Divi8ion coverage shall be provided: 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. 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 resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add 2 UACAO APPPOVEO AGP.EE'M8Nr5 AgreeM0nt -- MacMillan Oil Aqg hick doc Temporary Reso. No. 11011 — Exhibit 1 of Tamarac _ Purchasing and Contracts DiOsion 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 bome 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. 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 ,CA0 APPROVE) AMarMi.'lan Temporary Reso. No. 11 pl 1 —Exhibit 1 City of Tamarac Purchasing and Contracts Division 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: g U:4f'AC; APPROVED MACMiflao Oil Prggyback.doe Temporary Reso. No. 11011 — Exhibit 1 City of 7amaracw� Purchasing and Contracts Division 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 patty 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. CITY City Manager City of Tamarac 7525 NW 88`h Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRAQTOR MacMillan Oil Co. of Florida, Inc. 2955 East 11 th Ave. Hialeah, FL 33013 Attn: Amancio Alonso, President 5 UACA0 APPROVED AGRCF_tVEN7S gr(-cement -- MacMillan Qil Pirgyt_7ack.dnc Temporary Reso. No. 11011 -- Exhibit 1 _Purchasing and Contracts Division 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. CITY OF TAMARAC e Schreiber, Mayor ATTEST: -Marion Swenson, CIVIC -.—_City Clerk Date dilly-11 ignature @V4warate Secretary Daisy Canino Type/Print Name of Corporate Secy. (CORPORATE SEAL) IIIAQ[o D6te Jeffrey L. filler, City Manager Da e Approved as to form and legal sufficiency: Samu 1 S. Go en, terim City Attorney ate MACMILLAN OIL CO. OF FLORIDA INC. Company Name Si nature of President/owner Amancio Alonso, President Type/Print Name of President/Owner r Date Temporary Reso. No. 11011 — Exhibit 1 of Tamarar.0 puwchasing and Contracts i7 v,. on CORPORATE ACKNOWLEDGEMENT 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 z0 day of )� � �, , 2ocd, r V e f Notary Public WUSYCA Ida at Large Notary Public • Slate of Ftodda My Commission Expires Jun 3. 2007 B*WMByNatione nt T e or Stamp otary Public [Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 7 Aug. 7. 2006 1:40PM OFFICE OF THE MAYOR Rae Carole Armstrong Mayor FINANCIAL SERVICES Herbert V. Hsrriman Director PURCHASING DIVISION Andrew Bacchi Manager August 7, 2006 Mr. Troy Gies Budget and Contracts Manager Public Works City of Tamarac 6011 Nob Hill Road Tamarac, Florida 33321 Dear Troy; Temporary Reso. No. 1101 .6 F7xhibit2 1 CITY COUNCIL Jerry Fadgen President Dr. Robert Levy President Pro Tom. Plantation the grass is greener" Sharon Uris Diane Veltri Bendekovic Rico Petroceili This letter will 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 you have any problems or concerns, please do not hesitate to call on me for assistance, incerely, Andrew Bacchi Purchasing Manager CC: Keith Glatz - Tamarac Purchasing Marcio Cardoso - MacMillan City of Plantation 400 NW 73`d Avenue, Plantation, FL 33317 'T. nC A 9A7 'IC A 0 Y` • ^= • Jr%7 #I& A A Temporary Reso. No. 11011 — Exbibit 2 MACMILLAN ®IL CO OF FLORI®Ag [Ne. •#0 2965 EAST 11 TH AVE 0 HIALEAKK 33013 Phone 305-891-7814 x 29 o Fax 305-691-7817 Marclo Cardoso City Of Plantation 91812006 400 N.W. 70 th AVE Plantation , FI 33317 Mr.,Andrew Bacchi, C.P.M, Thank you for considering Macmillan Oil Company for your fuel delivery service. Please consider this proposal for your required fuel delivery needs, scheduled or call in, Macmillan Oil , will provide the City Of Plantation with our reliable fuel delivery serviceas per your instructions. Pricing for your fuel is based on that day's current Market Price s00 by the Oil Price Index 5arvice at Port Everglodes, Florida (OPI5) Contract for tank refue/%q- service at -City O� ROM Non � Terms an Co it'on Discription: Based on 4PIS daily Average / M/V Low Sulfur Diesel- Tank Wagon .0800 High Sulfur Tank Wagon .0625 Regular Gasoline - Tank wagon .0850 Regular Gasoline or LS Diesel Transport .0299 Fuel Brand : Sonoco, Valero, Transmont , and others, Tank Wagon dellvery considered 6,000 gallon or less, Transport 6,001 gallons or more. $ 35.00 split loads Delivery : Under normal conditions 48 hours from time order placed. Emergency contact: Marcio Cardoso Cell 954-274-9517 / 305-691- 7814 ext 29 / Amancio Alonso (President.) 305-691-7814 ext 32 Cell ## 305-761-8574 Home # 305-854-0815 ■ The 'term of this contract is one year f rom date of acceptance. Once again, thank you in advance for the opportunity and consideration, 5i e Marcia C osa 1 Energy Consultant Received Time Aug. 4• 3:26PM Temporary Reso. No. 11011 — Exhibit 3 MACMILLAN OIL CO OF FLORIDA, INC. .. 2966 EAST 11 TH AVE + HIALEAKFL 33013 Phone 305-691-7814 x 29 0 Fax 30"91-7817 Marcio Cardoso .City.4W .Talwrnc 9/8/20016 6011 NOB Hill RD Tamarac , FI 33321 Mr., Keith Glatz , Purchasing and Contract's Mgr, Thank you for considering Macmillan Oil Company for your fuel delivery service. Please consider this proposal for your required fuel delivery needs, scheduled or call in. Macmillan Oil , will provide the City Of Plantation with our reliable fuel delivery service as per your instructions. Pricing for your fuel is based on that days current Market Price set by the Oil Price Index Service of Port Everglades, Florida (OPTS) Contract for tank ArfmAng service at-obf Of Tamarac Discription: Based on OPTS daily Average / M/U Low Sulfur Diesel- Tank Wagon .0800 High Sulfur - Tank Wagon .0825 Regular Gasoline - Tank wagon .0050 Regular Gasoline Or LS Diesel Transport .0299 Fuel Brand : Sonoco, Valero, Transmort , and others. Tank Wagon delivery considered 6,000 gallon or less. Transport 6.001 gallons or more. $ 35.00 split loads Delivery : Under normal conditions 48 hours from time order placed. Emergency contact: Marcio Cardoso Cell 954-274-9517 / 305-691- 7814 ext 29 / Amancio Alonso (President.) 305-691-7814 ext 32 Cell # 305-761-8574 Hoppe # 305-854-0815 • contract is one year ro o acceptance. The. term of this ... - „,..,..,, f m date f Once again, thank you in advance for the opportunity and consideration. 5 in 00 Marcio rdoao Energy Consultant Temporary Reso. No. 11011 — Exhibit 3 )t' ce- ArCc A C4 Macmillan Oil Cwnpsdy Of Florid., Inc. 2055 but I 1 TH AVE Hialeah, FL 33013 305-91.71114 > M 29 Fag; 305-01-78171305-03.1690 Fax: C�GI t - Q "--�� From: Mardo Cordosv _ Date: d — �'_, c��� Re-f�cagoffq CC: ❑ uryeM &419;Zw ❑ Pb1,1se COMMu t ❑ Pbm Reply © PW Reayale 0, t r 1 D _...........--....._._._..........._....__....._..---....._..._.._......._._.._u_.-...._......._......................:........._............ vision City of Tamarac......_..._......................._..........._.....__..........._.._..._._....._......_.........__....._._......_.... PtrrCtlrTSrn and Contracts Di AGREEMENT BETWEEN THE CITY OF TAMARAC AND MACMILLAN OIL COMPANY OF FLORIDA, INC. THIS AGREEMENT is entered into on 6406f a3 . 2006 between the City of Tamarac, a municipal corporation with prin pal offices located at 7525 NW 881h Avenue, Tamarac, Florida 33321 (City) and MacMillan Oil Company of Florida, Inc., a Florida corporation with principal offices located at 2955 E. 11th 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. 1. 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. 3. Term: The term of this Agreement shall be for a one year period effective September 9, 2006. 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 U:IPURCHAS/NG1Agreement -- MacMillan Oil Piggyback. doc. 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. 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 resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add 2 U, IPURCHAS/NG1Agreetwnt -- MacMillan Oil Piggyback. doc; of iarnarac Purchasing and Confracts Division 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. 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 IPURGHASINMAgreement -- MacMillan Oil Piggyback. doc City of Tamarac Purchasing and Contracts Division 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 U:IPURC;HASING1Agrc ement --MacMillan Oil Piggybackdoc, of Tamarac Purchasing and Contra(,,ts Division 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; 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. 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 111h Ave. Hialeah, FL 33013 Attn: Amancio Alonso, President 5 U:IPURCHASINGIAgreement — MacMillan Coil Piggyback.doc City of Tamarac Purchasing and Contracts Division 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: _ Mar+nrs Swens n, CMC City -Clerk ATTEST: Signatu rate Secretary Daisy Canino Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Beth Flansb um-Talabisco, Mayor AuCUSf_',OO� Dat rI Jeffrey y Manager PP N► 1 MO. - Approv, 1pfs to n, C Date gal sufficiency: rney MACMILLAN OIL CO. OF FLORIDA INC. Company Name Signature of President/owner Amancio Alonso, President Type/Print Name of President/Owner Date mg/ 09 /a(,, of Tamarac — — ---- - ------- - — t-11-11-11-11,111,11,'ll""I'll""I. Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: w :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 T' day of , 200L. ••., ;pNV.......... DAISY CANINO Notary Public • State of Florida 3 • My Commission Expires Jun 3, 2007 Commission # DD183397 _•"'' ' ' Bonded By National NoWv Assn. gaaturi5'of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public LEI' Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. -- Exhibit Ar MACMILLAN OIL CO OF FLORIDA; INC. 2955 EAST II TH AVE • HIALEAH,FL 33013 Phone 30"91-7814 x 29 9 Fax 308.6914817. Marelo Cardoso City Of Plantation Y181RO06 400 N.W. 70 th AVE Plantation , P1 33317 Mr. , Andrew Bauchi, C. P A Thor& you for considering Macmillan Oil Company for your fuel delivery service. Please consider this proposal for your squired fuel delivery needs, scheduled or call in. Macmillan Oil , will provide the City Of Plantation with our reliable fuel delivery service as per your inetruetions. Pricing for your fuel is based on that days currant Market Prig set by the Oil Price Wax Service at Port Everglodes, Florida (OPxS) Gotiftct for tank refuel n service at- !C Of P/antatidn �j Discription: Based on 4PIS daily Average / M/V Low Sulfur Diesel- Tank Wagon .0800 High Sulfur - Tank Wagon .0825 Regular Gasoline - Tank wagon .0850 Regular Gasoline or LS Diesel Transport .0299 Fuel Brand : Soneco, Valero, Transmont , and others, Tank Wagon delivery considered 6,000 gallon or less, Transport 6,001 gallons or more. $ 35.00 split loads Delivery : Under normal conditions 48 hours from time order placed. Emergency contact: Marcia Cardoso Cell 954-274.9517 / 305-691- 7814 ext 29 / Amancio Alonse (President.) 309-691-7814 east 32 Cell # 305-761-8574 Home # 305-654-0815 • The term of this contract is one year f rom date of acceptance . ..... I Once again, thank you in advance for the opportunity and consideration, s► Mamic C aso Energy consultanr Received Time Aug. 4• 3:26PM . —Exhibit L3 MACMILLAN OIL CO OF FLORIDA, INC. 0*0 2965 EAST 11 TH AVE • HIALEAH.FL 33013 Phone 30"91-7814 x 29 + Fax 30"91-7817 Marcio Cardoso C/ty Of To mpW 9/8/=6 6011 NOB Mill RD Tamarac , FI 33321 Mr., Keith Glatz , Purchasing and Contract's Mgr, TMM you for considering Maemillon Oil Camp w7 for your fuel delivary service. Please consider this proposal for your requirdd fuel delivery needs. scheduled or call in. Ak=wJllm Oil . will provide the City Of Plantation with our reliable fuel delivery service as per your instructions. Prlclnq for your fuel Is based on that days cument Market Price set by the Oil Price rro*x Servicc at Part Everglades. Florida (OPTS) LCaln IWt tW ftfik mfix4v a of-Cryty of TommW Discription: Bawd on CKS daily Average / M/U Low Sulfur Diesel- Tank Wagon .0800 High Sulfur - Tank Wagon .0825 Regular Gasoline - Tank wagon .0850 Regular Gasoline Or LS Diesel Transport .0299 Fuel Brand : Sonoco, Valero, Transmont , and others. Tank Wagon delivery considered 6,000 gallon or less. Transport 6.001 gallons or more. $ 35.00 split loads Delivery : Under nonnal conditions 48 hours from time order placed. Emerpncy contact: Marcio Cardoso Cell 934- 274-9517 / 305-691- 7814 ext 29 / Amamio Ak►nso (President.) 308-691-7834 ext 32 Cell # 305-761-8874 Home # 305-854-0818 • The term of this contract is one year from data of acceptance. Once again, thank you in advance for the opportunity and consideration. Si TT J�C- cvt�� Marcio Emrgy Consultant