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HomeMy WebLinkAboutResolution - 6412 - Contract Amendment - Benton Oil Company - 06_24_1999Resolution No. 6412 June 24, 1999 Item No. 32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Contract Amendment between the City of Lubbock and Benton Oil Company, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th June j999. k� Wa -.e)- WINDY SITTON-, MA ATT ST: 4VWK— Kaythi6arnell, City Secretary APPR D AS TO CONTENT: osqueda Managing Director agement Services APPROVED AS TO FORM: Assistant City Attorney cp CcdocsBenton.Res June 8, 1999 Resolution No. 6412 June 24, 1999 Item No. 32 AMENDMENT TO GASOLINE & DIESEL FUEL CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This amendment, (the "Amendment"), effective as of the 24th day of 1999, ("Effective Date"), is by and between the City of Lubbock, ("City"), a corporation, and Benton Oil Company, a Texas corporation ("Benton"). WITNESSETH June Texas municipal WHEREAS, the City did request bids for the purchase of Automated Gasoline and Diesel Fuel to be submitted by June 10, 1997; and WHEREAS, Benton did submit a DataFuel Automated Fueling System For the City of Lubbock Fuel Bid on or about June 10, 1997; and WHEREAS, the City Council did approve the recommended bid on August 28, 1997; and WHEREAS, City did accept proposed bid on September 2, 1997 and did forward purchase order numbers for same to Benton; and WHEREAS, the City and Benton have determined it is to their mutual benefit and advantage to award those portions of the agreement set forth herein; and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agree as follows: ARTICLE I. EMERGENCY AND DISASTER SITUATIONS Contractor shall respond to emergency and disaster situations in accordance with the terms and conditions set forth in Exhibit "A" attached and incorporated herein by reference as if fully set forth herein. City of Lubbock/Benton Oil Company Amendment ARTICLE H. REPORTS Contractor shall provide a properly formatted diskette for download into the City's Fleet Management System on a daily basis. The diskette shall contain the following information for each transaction: 1. Fleet identification number with a minimum of nine (9) alphanumeric digits. 2. Odometer reading of vehicle at time of fill up. 3. Transaction date and time. 4. Fuel type dispensed. 5. Total number of gallons of fuel dispensed. 6. Authorized fuel type and capacity of vehicle. 7. Fueling location. 8. Center number. Contractor shall provide the City's Fleet Manager daily invoices containing fuel usage transactions. ARTICLE III. YEAR 2000 COMPLIANCE Year 2000 compliance shall be as set forth in Exhibit "B" attached and incorporated herein as if fully set forth here. ARTICLE IV. MISCELANEOUS All other provisions contained in the original Contract shall remain in full force and effect and not be affected by this Amendment. 2 City of Lubbock/Benton Oil Company Amendment EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK MAYOR ATTEST: Kaythi I arnell, City Secretary APPROVED AS TO CONTENT: X�mi Mosqueda Managing Director Management Services APPROVED AS TO FORM: Assistant City Attorney JMK:cp Cityatt/John/Denton2.Amnd June 14, 1999 BENTON OIL COMPANY TOD FORB S PRESIDENT City of Lubbock/Benton Oil Company Amendment EXHIBIT "A" Critical elements of the federal, state and local governments (i.e. Police, Fire Department, Power, etc.) and medical complexes will be given priority for motor fuels in the event of local emergency. Appropriate efforts and due care will be exercised to meet these needs. Specific requests such as transports onsite with fuel on -board on standby will be considered as the specific situation warrants. Such special requests will be billed at the appropriate rates. EXHIBIT "B" In response to the potential "Y2K' issue, Benton Oil Company takes the following position: Due diligence has been exercised by Benton Oil Company to provide Y2K readiness for the following systems: 1. Accounting hardware: Dell personal computers, and local area network servers. 2. Accounting software: Factor (General ledger software), Mannatec (cardlock interface software; expected readiness 6/30/99). 3. Operations software: Novell Netware, Microsoft Windows95, Microsoft Word & Excel. 4. Card -lock fueling hardware and software, CFN Gasboy II (expected readiness 7/31/99). Card -lock pumps and tank monitoring: Tokiem and Veeder Root, respectively. 5. Convenient store operations and fueling systems and tank monitoring: Suntronic registers, Gilbarco and Tokiem pumps and Veeder Root tank monitoring, respectively. The Y2K readiness described above is based upon limited assurances from the appropriate computer software and hardware providers; limited assurances from our fuel equipment supplier; and from BIOS testing performed on all computer systems indicating operational performance for the year 2000 and its leap year event. In reference to potential Y2K problems, Benton Oil Company has exercised reasonable efforts to provide quality service. Unpredictable variables concerning the Y2K issue (i.e. failures, and uncertain performance from 3rd party suppliers) prevent any guarantees of performance. Therefore, because of the vast uncertainties concerning the Y2K issue, Benton Oil Company does not guarantee or warrant a specific level of performance of service.