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HomeMy WebLinkAboutResolution - 2015-R0055 - Rip Griffin Truck Service Center - 02/12/2015Resolution No. 20 l 5 -R0055 February 12,20 15 Ite m No. 5.13 RESOLUTION B E IT RESO LV E D BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to exec ute for and o n beha lf of the C ity of Lubbock, a n Amendme nt to Co ntract in co nnecti on w ith Con trac t No. 11972 fo r bu l k fue l purchase, by and between t he Ci ty of L ubbo c k and Rip G riffin Truck Service Cente r , In c., and related documents. Said Amendment to Contract is attach ed hereto as Exhibit "A" a nd incorporated in th i s resolution as if full y set forth herein and s hall be inc lud ed in th e minutes of the Ci t y Council. THAT th e February 5, 20 15 action by letter of J ames Loomis , C ity Manager, a copy of w hich is at tac hed he re to as Exhibit "B ", resp ect in g the acceptance of a n offer by Rip Griffin Truck S e rvi ce Cente r, In c. to extend Co ntract No. 11 972 for the cale nda r year 20 16, and t o adjust the purch ase price for fue l pursuant the reto , is further approved a nd ratified for a ll int ents and purposes. Passed by th e C it y Co uncil o n _F_e_b_ru_a_ry_l_2_, _2_0 _15 _______ _ GL~ON,MAYOR ATTEST: Rebec a Garza, Cit y Secd6 RE S.Co ntract Amend . Rip Griffin Trk Se rv C rr Reso luti o n No. 2015 -R0055 EXHIBIT AMENDMENT TO CONTRA CT This Amendment to Contract ("Amendment") is en tered into on this . the __ day of February. 2015 , by and between the Ci ty of Lubbock , Texas (the "City'') and Rip Griffin Truck Service Center. Inc. ("RGTSC "), toget her as parties to that ce rt ai n Contract 11972 for Bulk Fuel Purchase dated Aug ust 28, 2014 (hereinafte r re ferred to as the "C ontract"). City and RGTSC may a lso be re f erred to individuall y as a "Party ," or co llective ly as the "Parties ." WHEREAS, Section 2 of the Contract provides t hat the Con tract may be amended by a writi ng executed by t he Parties ; W HEREAS , the Parties ag ree t hat all provisio ns of t he Requ est fo r Pro posal, RFP 14 -11972-MA (the "RFP") were intended by the Parties to have been incorpora t ed by re ference into the Contract , and to con trol in the event of confiict , including specific provisions as to options for extension of the con t ract , authority to execute said extension , and price adjustments for any extension, and the Parties further wish to amend the Contract accordingly; and WHEREAS , the Parties agree tha t all other te rm s and co nd itions of the Cont ract , except as modified he reby , and con fo rming cha nges necessita ted by t his Amendment , sha ll remain unaffected. THEREFORE, the Parties, for ten dollars and othe r good and va luable considera ti on , the receipt and sufficiency of which is hereby acknowledged , along wit h the mutual promises contained herein , do agree to ame nd and do amend the Contract as follows : 1. T he te r m of th e Agree ment sha ll be fo r one (1) year, beg inn ing January 1 , 20 15 t hrough December 31, 20 15 (t he "Initi al Term"), wit h th e o ptio n , upon advance mutual written agreement of the Parties as provi ded herein , to exte nd t he Agreement for up to four (4) additiona l one (1) year terms . 2. A new Pa ragraph 8 is added to the Contract to read as follows : "8 . The terms and conditions of RFP 14-11972-MA (t he "RFP ") are inco r po rated fu ll y herein by reference fo r all p urposes as t hough set forth herein 1n its en tire ty , and said terms and conditions shall control to the extent of co nflict between the RFP and any other provision of thi s Ag reement." The undersigned Parties agree that, except as amended hereby , the Co ntrac t , its ex hibits , attachments, and sc hedu les sha ll remain in f ull force and effect according to t he terms expressed therein. T he unde rsigned Parties furt her agree th at to th e ex tent of any con fl ict between t his Ame nd me nt and t he Contract , its exhi bits , att achments , and/or sched ules , t he provisions and te rms of this Amendment shall contro l. IN WITNESS WHEREOF, the parties hereto have executed this Ag reeme nt as of t he date fi rst writt e n above . City of Lub bock : RGTSC, Inc.: ATTEST: A Amendmen t t o Contract for B ul k F u el Purc hase-R ip Gri ffi n T r uck Servi ce Ce nte r , I nc. Page 1 o f 2 APPROVED AS TO CONTENT: Amendme nt to Contract for Bulk F u e l Purchase -Rip G riffin Truck Servi ce Ce nter, Inc. Page 2 o f 2 Rip Travel Centers February 4, 2015 V1a Email Delivery City of Lubbock Attn Scott Sn1der, Assistant City Manager 1625 13' Street Lubbock, TX 79401 Reference City of Lubbock Request for Proposai14-11972-MA Dear Mr Sn1der, Please find below fixed price offers as of today for the time frames as follows. Diesel Fuel delivered: for the 12 montr period of 1.01.16 -12.31.16, $2 .31 per gallon Gasol1ne delivered: for the 6 month period of 1.01.16-6 .30.16, $1 95 per gallon Please note: No taxes or fees are mcluded in these prices We propose that the above existing contrdct be extended and amended to include these fixed prices for the indicated periods in 2016. Thanks, Don Hayden, FVP GENERAL O FFICES • 4 710 4TH STFEET • LUBBOCK TEXAS 79~ 16 • 1806l 795-8185 • FA.X. 1806\795-6574 PO BOX 10126 • LUBBOCK TEXAS 79408 • Nlr.v npgnf!in com • E-Ma1l mfotg'npgnff1n com february 5. 2015 Attn: Mr. Mark Griffin Rip Griffin Truck Service Ce nt er, I nc. 47 10 4111 Street Lubbock , Texas 794 16 TEXAS Re: Extens ion of Bulk Fue l Purchase Contract wit h Pric e Adjustment Dea r Mr. G riffin: EXHIBIT I 6 Please accept this letter as the C it y of Lubb ock's formal acceptance of the offer to extend Contract 11972 for th e yea r J anuary 1, 20 16 through Decemb e r 3 1, 2016, pursua nt to th e terms expressed in th e lette r of February 4 . 20 15, a copy of \\·hich is attached hereto as Exh ibit ·'A', contingent upon Cit y Counc ils' adopt ion of the amendment to our contract which th ey \\·ill consider february 12 , 20 15. Thank yo u very much for your prompt attention, and your \\·illingness to work with the City of Lub bock. C ity Ma nage r P.O. Box 2000 • 1625 13'" Strcd • Lubbock. TX 7lJ-l57 • 806.775.2000 • Citi t.c n Ca ll Center: 3-1 -1 • WW\\.mylu bbock.us