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HomeMy WebLinkAboutR-2022-046 Port Consolidated, Inc. Gasoline and Diesel Fuel Purchases Retroactive Approval and Agreement (Piggyback Pompano Beach)RESOLUTION NO.2022-046 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RETROACTIVELY APPROVE THE PURCHASE OF GASOLINE AND DIESEL FUEL FROM PORT CONSOLIDATED, INC. UNDER THE RENEWAL BETWEEN THE CITY OF POMPANO BEACH AND THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OP GROUP BID NO. RFP E-03-22 VALID THROUGH MARCH 14, 2027, IN AN AMOUNT THAT WILL EXCEED THE ANNUAL VENDOR THRESHOLD OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00) EACH YEAR THAT THE CONTRACT IS IN PLACE; AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS' APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he/she is authorized to do so in advance by a resolution adopted by the City Commission, and if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months by other government agencies such as the federal government, State of Florida or a Florida municipality or county; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection (a), sets the monetary threshold or limitation at $25,000.00; and WHEREAS, the Public Services Department has an ongoing need to purchase gasoline and diesel for the City's vehicle and equipment fleet; and WHEREAS, the City of Pompano Beach recently renewed the existing Southeast Florida Government Purchasing Co-op Group BID No, RFP E-03-22 with Port Consolidated, Inc. valid beginning March 15, 2022 through March 14, 2027, without any cost increase; and WHEREAS, City Administration recommends to retroactively approve a new Agreement with Port Consolidated, Inc. utilizing the renewal documents between the City of Pompano Beach and Port Consolidated, Inc., to provide unleaded gasoline and diesel fuel; and WHEREAS, Port Consolidated, Inc. expenditures are anticipated to exceed the City vendor threshold of Twenty -Five Thousand Dollars ($25,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true and correct and they are made a part of and are incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute an Agreement with Port Consolidated, Inc., utilizing the renewal documents between the City of Pompano Beach and Port Consolidated, Inc., for unleaded gasoline and diesel fuel, a copy of which Agreement is attached as Exhibit "A" and is incorporated into this Resolution by this reference. Section 3. That all Departments' purchases for Port Consolidated, Inc. shall be subject to and made within the respective Departments approved Operating Supplies Gasoline 52-10 annual budget appropriations and will exceed the annual fiscal year vendor threshold of Twenty -Five Thousand Dollars ($25,000.00) each year the contract is in place. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 22, 2022. ATTEST: 1A r THOMAS SCHNEIDER, CMC � CITY CLERK �'Q�s.__ APPROVED AS TO FORM AND CORRECTNESS: EV YBOVTSIS CI ATTORNEY lu W • 2 RESOLUTION #2022-046 AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND PORT CONSOLIDATED, INC., A FLORIDA CORPORATION, UNDER A SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OP GROUP BID, RFP NO. E-03-22, (PRESENTLY EXISTING AND RECENTLY RENEWED BETWEEN THE CONTRACTOR AND CITY OF POMPANO BEACH, FLORIDA), TO PURCHASE GASOLINE AND DIESEL FUEL FOR USE BY THE CITY OF DANIA BEACH. This is an Agreement (the "Agreement") dated between the City of Dania Beach, Florida, a municipal corporation ("City") and Port Consolidated, Inc., a Florida corporation ("Contractor"), with a physical address of 3141 SE 141h Avenue, Fort Lauderdale, Florida 33316, and a mailing address of Post Office Box 350430, Fort Lauderdale, Florida 33335. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The Agreement existing between the Contractor and the City of Pompano Beach and any amendment(s) to it, under an award by the City of Pompano Beach of a contract (the agreement and related Proposal No. E-03-22, a copy of which is attached as Exhibit "A", and made a part of and is incorporated into this Agreement by this reference), shall be considered as part of this Agreement between the City and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Pompano Beach, or any city for these same services, then Contractor shall provide such lower service rates to the City. 2. The goods to be provided to the City consist of gasoline and diesel fuel. 3. The term of this Agreement shall be for five (5) years retroactively beginning on March 15, 2022, through March 14, 2027. 4. That in all other respects, the terms of the Pompano Beach agreement apply to this Agreement. RESOLUTION #2022-046 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation TAMARA JAMES MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER 4 RESOLUTION #2022-046 WITNESSES: Signature PRINT Name Signature PRINT Name STATE OF FLORIDA) COUNTY OF ) CONTRACTOR: PORT CONSOLIDATED, INC., a Florida corporation Signature PRINT Name Title Dated: , 2022 The foregoing instrument was acknowledged before me by means of ❑ physical presence or by ❑ online notarization, on , 2022, by as of Port Consolidated, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name 5 RESOLUTION #2022-046