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HomeMy WebLinkAbout5373 Resolution No. 5 3 7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SMALL & SONS OIL DISTRIBUTION COMPANY FOR FUEL SERVICES WHEREAS, the City of Auburn is in need of regular sources of fuel for its municipal operations; and WHEREAS, the City sought proposals from qualified fuel service providers; and WHEREAS, it is to the City's advantage to contract with Small & Sons Oil Distribution Company, a local supplier of fuel for such services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is authorized to negotiate and execute a final agreement with Small & Sons Oil Distribution Company for fuel services in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and Incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this `� day of , 2018. CITY OF AUBURN ATTEST: NANCY B S, MAYOR ke Danielle E. Daskam, City Clerk Resolution No. 5373 May 30, 2018 Page 1 APPR•VED AS TO FORM: •:niel :.Rgiar City A toNey Resolution No. 5373 May 30, 2018 Page 2 • e. CITY OF AUBURN AGREEMENT FOR GASOLINE & DIESEL FUEL SERVICES THIS AGREEMENT made and entered into on this 7 day of /14.-(_ 20 , by and between the City of Auburn, a municipal corporation of the tate of Washington, hereinafter referred to as "City" and, Small & Sons Oil Distribution Company, hereinafter referred to as the"Service Provider." WITNESSETH : WHEREAS, the City is engaged in activities which call for the use of gasoline and diesel fuel; and WHEREAS, it is advantageous for the city to enter into a contract for the provision of such fuel; and WHEREAS, the City desires to retain the Service Provider to provide fuel services in connection with the City's work needs; and WHEREAS, the Service Provider is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Service Provider agrees to supply the City with fuel in a good and professional manner consistent with the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. The Service Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership,joint venture, employment or other relationship with the City. 2. City's Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Service Provider: a. Pay the Service Provider for the fuel supplied in accordance with City service payment procedures. b. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. c. Arrange for access to the property or facilities as required for the Service Provider to perform the services provided for herein. Page 1 of 6 d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Service Provider and render decisions regarding such documents in a timely manner to prevent delay of the services. 3. Acceptable Standards. The Service Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 4. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 5. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Service Provider agrees that, notwithstanding such dispute or conflict, the Service Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 6. Administration of Agreement. I This Agreement shall be administered by Q;t kwdr , on behalf of the Service Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Service Provider Auburn City Hall Small& Sons Oil Distribution Company 25 West Main 112 3`d Street NW Auburn, WA 98001-4998 Auburn,WA 98001 (253) 931-3000 FAX(253) 931-3053 Phone: (253)924-0610 7. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. Page 2 of 6 8. Insurance. The Service Provider shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Service Provider shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Service Provider shall take out and maintain in full force and effect the following insurance policies: a. Commercial General Liability insurance, insuring the City and the Service Provider against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Service Provider's Commercial General Liability insurance policy with respect to the work performed for the City, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of$1,000,000.00. d. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 9. Indemnification. The Service Provider shall indemnify, defend and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by any reason of or arising out of the act or omission of the Service Provider, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement except for injuries and damages caused by the sole negligence of the City. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Service Provider and their respective officers, agents and employees, or any of them, the Service Provider shall satisfy the same to the extent that such judgment was due to the Service Provider's negligent acts or omissions. 10. Assignment. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 11. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Page 3 of 6 Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 12. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Service Provider if the services provided for herein are no longer needed from the Service Provider. 13. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 14. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. Any such litigation or action shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington. 15. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN SERVICE PROVIDER CCIA\Lv ncy Backus `1�l or Name:,44.#110 €r . va' a ' 1 Title: wee eesid�✓' Attest: Danielle . Daskam City Clerk Page 4 of 6 Approved as to form: jai • Dre1 B. Heil, "ity A orney Page 5 of 6 EXHIBIT "A" GASOLINE & DIESEL FUEL SUPPLY SERVICES Small & Son's Oil shall supply the City of Auburn with gasoline and diesel fuel for the period of 1 year. Starting May 1, 2018 and ending April 30, 2019. The agreement may be extended for additional years upon mutual agreement of both parties. Small & Son's Oil will furnish top quality gasoline and diesel manufactured from major oil companies . Pricing will be firm and fixed for the duration of the agreement. Fuel Prices change on a daily basis but the fixed margin will remain the same. The pricing will be based on Phillips 66 Renton Unbranded Rack price plus margin that includes delivery fees. We will attach a rack cost sheet for each delivery to show the proper margin was applied for audit purposes. The margin for truck and trailer deliveries (8000 gallons Gasoline, 6500 gallons Diesel -or more) will be four and a half cents per/gallon (.045). The margin for generation sites will depend on the amount of gallons delivered: Gallons Delivered Price for Fuel Daily Cost+ Margin • 0 to 150 Rack Price+$1.50 • 151-250 Rack Price +$1.25 • 251-400 Rack Price +$.50 • 401- 550 Rack Price +$.40 • 551-750 Rack Price+$ 35 • 751-950 Rack Price +$.25 • 951-1150 Rack Price +$.22 • 1151-1450 Rack Price +$.20 Page 6 of 6