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R-00-03-09-10C1 - 3/9/2000RESOLUTION NO. R- 00- 03- 09 -10C1 WHEREAS, the City of Round Rock has duly advertised for bids for the purchase and delivery of unleaded and diesel fuel, and WHEREAS, Truman Arnold Companies has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Truman Arnold Companies, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Truman Arnold Companies for the purchase and delivery of unleaded and diesel fuel, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 9th day of Marc RO A. STLUKA, JR., Mayor AT EST: City of Round Rock, Texas E LAND, City Secretary K:\ NPDOCS \ RESOLU TI \R00309C1.WP /ac CITY OF ROUND ROCK ANNUAL PURCHASING AGREEMENT FOR UNLEADED GASOLINE AND DIESEL FUEL THIS AGREEMENT, is made and entered into this / of / • u by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City" and Truman Arnold Companies, 3513 SW H.K. Dodgen Loop, Suite 200, Temple, Texas 76502, hereinafter referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties ". RECITALS: WHEREAS, the City desires to contract with Truman Arnold Companies to provide the City with Unleaded Gasoline and Diesel Fuel and WHEREAS, the Invitation for Bid to provide the City with unleaded gasoline and diesel fuel was previously issued for said fuel and the City has selected the Bid submitted by Truman Arnold Companies; and WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder, NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 CONTRACT DOCUMENTS AND EXHIBITS The City of Round Rock selected Truman Arnold Companies as the integrator of choice to supply unleaded gasoline and diesel fuel as outlined in Cooperative IFB issued by the City of Gerogetown and Response to IFB submitted by Vendor (Exhibit A). The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in their response to the IFB. 2.0 ITEMS AWARDED The bid items as shown on Exhibit A are the subject of this agreement: 1 3.0 COSTS The bid costs listed in Exhibit A shall be the basis of any charges for fuel delivered by Vendor. 4.0 PRICE ADJUSTMENT The City will permit "unit price" adjustments upward and downward according to the average price of fuel as published by the Oil Producers Information Service (OPIS). The City reserves the sole option to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. 5.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which the City receives the supplies, materials, equipment, or within thirty (3) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy, however, this policy does not apply to payments made by the City in the event: 5.1 there is a bona fide dispute between the City and Vendor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 5.3 there is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. 6.0 DURATION OF AGREEMENT The term of this agreement shall be for of five (5) consecutive twelve (12) month periods of time from the date of award. Prices shall be firm for the duration of the agreement, except as provided for hereinabove . This agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree. The City reserves the right to review the Vendor's performance at the end of each twelve (12)month 2 7.0 TERMINATION OF THIS AGREEMENT 8.0 ORDERS PLACED WITH ALTERNATE VENDORS 9.0 TAXES • 10.0 TITLE AND RISK OF LOSS 11.0 DELIVERY 12.0 ASSIGNMENT 13.0 GRATUITIESBRIBES 3 4 period of time and to cancel the contract (without penalty) or continue the contract through the next period. The City may terminate this agreement for any reason by giving Vendor ten (10) days written notice. Upon delivery of such notice by the City to Vendor , the Vendor shall discontinue all services in connection with the performance of this agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this agreement. Within thirty (30) days after receipt of notice of termination, the Vendor shall submit a statement, showing in detail the services satisfactorily performed under this agreement to the date of termination. The City will then pay the Vendor that portion of the prescribed charges. If the Vendor cannot provide the quantities and/or types of fuel ordered for a specific delivery time, the City reserves the option to place the order with another supplier The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in charges. The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession, and accepts the goods at the point or points of delivery, Delivery of items ordered shall normally be to the locations as stated in the IFB. The terms of this agreement are "no delivery, no sale ". Vendor's rights and duties awarded by this agreement may not be assigned to another without written consent of the city signed by the City's authorized agent. Such consent shall not relieve the assignor of the liability in the event of default by the assignee. The City may, by written notice to Vendor, cancel this contract without liability to Vendor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by Vendor, or its agent or representative to any City officer, employee or elected representative with respect to the performance of this agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 14.0 PACKING LISTS AND INVOICES A delivery ticket/invoice shall accompany each shipment and shall show: 14.1 Name and address of Vendor 14.2 An invoice shall display an invoice number. 14.3 Name of person placing order or purchase order number number. 14.4 Description of item(s) delivered. 14.5 Itemized prices, per unit and extended total, quantity and any special instructions. 15.0 ALTERNATE BRAND(S) If Vendor desires to substitute another brand of parts for the brand bid, the City may grant such request. The Vendor shall communicate such request in writing and shall receive written permission form the City before making such substitution 16.0 INDEMNIFICATION Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to any person, or for damages to any property, arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this Agreement, without regard to whether such persons are under the direction of City agents or employees. 17.0 INSURANCE Vendor shall meet the minimum state financial responsibility requirements for the operation of motor vehicles. 18.0 APPLICABLE LAW This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law are waived or modified unless expressly waived or ,modified by the City in writing. 4 19.0 VENUE The parties agree that venue for any litigation arising from this agreement shall lie in Williamson County, Texas 20.0 NON - APPROPRIATION This Contract is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate this Contract at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination end of its then current fiscal year. 21.0 RIGHT TO ASSURANCE Whenever one party to this agreement in good faith has reason to question the other party's intent to perform, the questioning party may demand that the other party give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22.0 MULTIPLE COUNTERPARTS This agreement may be executed in multiple counterparts, any one of which shall be considered an original of this instrument, all of which, when taken together shall constitute one and the same instrument. 23.0 NOTICES For the purposes of this Agreement, notices to the City shall be to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 -5299 With a copy to: Stephan L. Sheets, City Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 Notice to Vendor shall be to: 5 Truman Arnold Companies 3513 SW H.K. Dodgen Loop, Suite 200 Temple, Texas 766502 Notices will be effective upon delivery at the above addresses until the parties notify each other, in writing, of a change in address. 6 IN WI �S ^ WITERJOF the parties to these presents have executed this Agreement on the / — day of /Ik2 A,C/L 1 , CITY OF ROUND ROCK TRUMAN ARNOLD COMPANIES A R� eT A. STLUKA, JR., ayor City of Round Rock tte 4 41441 ,AA' /! / `� , p� G ANNE LAND istant City Manager /City Secretary City of Round Rock 7 By: Name: / DANNY 1 3e /k. Title: Attest: By: Name: Di5L,o /� eN a Gals Title g.s/es Re/'k Low Bid ?O ' d No Bid: Reeder Distributors AAA Petroleum Distributors Broeddus Petroleum Tex -Con 011 Co. Rodgers Oil, Inc. Diamond Shamrock Onyx Petro, Inc. Sun Coast Resources Inc. Johnson Oil Co. UNLEADED GASOLINE AND DIESEL FUEL BID NO. 20012 BID TABULATION DESCRIPTION TRUMAN ARNOLD TRIPLE 5 6 OOQ TO 8.400 GALLOI{TRANSPORT LOADS; MARKUP: MARKUP: Unleaded Regular Gasoline • ( +)0.0089 ( +)0.015 Diesel Fuel • ( +)0.0078 (+)0.015 Additive for diesel at terminal • ( +)0.0050 NA Additive for diesel by jobber • ( +)0.0100 NA Unleaded Mid Gasoline • ( +)0.0062 (4)0.015 Unleaded Premium Gasoline • ( +)0.0064 (+)0.015 2.000 TO 6,000 GALLON TRANSPORT LOADS; Unleaded Regular Gasoline • ( +)0.0229, ( +)0.035 Diesel Fuel • ( +)0.0219 (4)0.048 Additive for diesel at terminal • ( +)0.0050 NA Additive for diesel by jobber • ( +)0.0100 NA Unleaded Mid Gasoline • ( +)0.0198 (4)0.035 Unleaded Premium Gasoline • (4)0.0196 ( +)0.035 1,000 TO 1,800 GALLON TRANSPORT LOADS: Unleaded Regular Gasoline • (4)0.0424 (+)0.045 Diesel Fuel • ( +)0.0419 ( +)0.055 Additive for diesel at terminal • ( +)0.0050 NA Additive for diesel by jobber • ( +)0.0100 NA Unleaded Mid Gasoline • (4)0.0408 ( +)0.045 Unleaded Premium Gasoline • (4)0.0397 ( +)0.045 189E 0E6 ZIS 'ON VA N11OJ393039 JO A110 {Id 66 :60 OHJ. 00 —ED —83.d DATE: March 3, 2000 SUBJECT: City Council Meeting — March 9, 2000 ITEM: 10.C.1. Consider a resolution authorizing the Mayor to execute an agreement with Truman Arnold for fuel purchases. Truman Amold offered the best bid price for gasoline and diesel fuel purchases and staff recommends approval of this 12 -month supply agreement. Annual fuel purchases approximate $325,000. Staff Resource Person: David Kautz, Finance Director.