HomeMy WebLinkAboutReso 2020-3051 RESOLUTION NO. 2020 - '3051
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST
AMENDMENT TO THE AGREEMENT WITH PORT CONSOLIDATED,
INC. FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL FOR
THE 2,000-GALLON ABOVE GROUND TANK, IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 19th, 2018 via Resolution No. 2018-2805, the City Commission
entered into aa two (2) year Agreement with Port Consolidated, Inc. ("Vendor") for the purchase
of gasoline and diesel fuel, in an amount not to exceed $100,000.00; and
WHEREAS, the City being satisfied with the services provided by the Vendor, desires to
exercise its renewal option for an additional two (2) year period, pursuant to Section 4 of the
original Agreement; and
WHEREAS, the City now wishes to approve a First Amendment to the Agreement with
Port Consolidated, Inc. for the purchase of gasoline and diesel fuel for the 2,000 gallon above
ground tank, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00), attached
hereto as Exhibit "A", bringing the total contract amount not to exceed Two Hundred Thousand
Dollars ($200,000.00).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves a First
Amendment to the Agreement with Port Consolidated, Inc. for the purchase of gasoline and
diesel fuel for the 2,000 gallon above ground tank, in an amount not to exceed One Hundred
Thousand Dollars ($100,000.00), attached hereto as Exhibit "A", bringing the total contract
amount not to exceed Two Hundred Thousand Dollars ($200,000.00).
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
R2020 Port Consolidated for Diesel Fuel Page I of2
PASSED AND ADOPTED this 20th day o • ary 2020.
George H Scholl, Mayor
ATTE'' : 1.0
AgrikirrirMauriciof.Be ancu CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
fdt447,,i,
Edward A. Dion, City Attorney
Moved by: eUllatSCt o j Z— 01.1>W1Ad
Seconded by: CD (AMC( nfE+Q- v tSC 3#0,
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin ,/ (Yes) (No)
Commissioner Goldman / (Yes) (No)
Commissioner Lama V (Yes) (No)
Commissioner Viscarra I (Yes) (No)
R2020 Port Consolidated for Diesel Fuel Page 2 oft
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'' FIRST AMENDMENT TO THE AGREEMENT
V, tl
'>; BETWEEN THE CITY OF SUNNY ISLES BEACH AND
'„-r:'"`'::a•„` PORT CONSOLIDATED INC.
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CONTRACT NO.074-6762
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
and PORT CONSOLIDATED, INC., executed this 2 cfday of February, 2020, is made a part
of the original Agreement between the parties effective June 1,2018, Contract No.074-6762("the
Agreement"), between the CITY OF SUNNY ISLES BEACH ("City") and PORT
CONSOLIDATED, INC. ("Contractor") attached hereto as Attachment "A" whose Federal
Identification#is 98-0623595. The City and Contractor hereby agree as follows:
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I. OPTION TO RENEW. The City hereby wishes to exercise its first option to renew the
Agreement for one (1) additional two (2) year term in accordance with Section 4 of the original
Agreement, as more particularly described in Attachment "A", which is attached hereto and
incorporated herein by reference. This is the final renewal per the original Agreement.
2. TERM. The term of this First Amendment shall commence on March 15,2020 and shall
terminate no later than March 14,2022.
3. AMENDING RATE SCHEDULE. Consistent with the City's prior adoption of City of
Pompano Beach's Contract Documents into the original Agreement, the City hereby adopts and
incorporates into this First Amendment, the City of Pompano Beach's First Amendment between
it and the Contractor, inclusive of the revised Rate Schedule,which are specifically incorporated
herein and made a part hereof as Attachment"B".
4. ADDITIONAL COMPENSATION. Upon the effective date of this First Amendment,
the payment to Contractor is hereby amended to include additional compensation not to exceed
One Hundred Thousand Dollars ($100,000.00), bringing the total contract amount not to exceed
Two Hundred Thousand Dollars($200,000.00).
5. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
Israel is prohibited. Contractors must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List,the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1,2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C". Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
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the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error,then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
6. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified
herein, all-terms and,conditions of the original Agreement between the parties, effective June 1,
2018;attached hereto as Attachment"A"shall remain in full force and effect. -
7. CONFLICTING PROVISIONS: In the event of a conflict or inconsistency between the
terms and conditions of this First Amendment and the terms and conditions of any other document,
attachment, or event described elsewhere, including but not limited to Attachment "A" and "B"
the terms and conditions of this First Amendment shall prevail and take priority.
IN WITNESS WHEREOF,the parties hereto have executed this document as of the date
mentioned above.
WITNESS: PORT CONSOLIDATED,INC.
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Signature
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BY: • I. / 1r
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Print Name f)ory iy(/ - t�G9,� 7'�- ,�N Itc�le r_
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ATTEST - CITY OF SU Y IS ES BEACH
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BY: BY:
Mauricq,Bet;ncur, CMC,City Clerk George H. .choll, Mayor
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
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City Attorney's Office
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