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Home My WebLink AboutResolution - 2009-R0286 - Contract - Comdata Network Inc.- Retail Fuel Cards - 07/28/2009Resolution No. 2009—RO286 July 28, 2009 Item No. 5.23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCEL 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, Contract No. 9088 for retail fuel cards and related services pursuant to TPASS Contract No. 050720 -CCG -FC, by and between the City of Lubbock and Comdata Network, Inc. of Brentwood, TN and TransMontaigne Product Service, Inc. of Denver, Colorado, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of July '2009. i„' a IX14WZ— TOM MARTIN, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS 'IU CONTENT: cm'� � <�� Mark Vearw6od, Assi tant City Manager Chief Information Officer APPROVED AS TO FORM: i Chad Weaver, Assistant City Attorney vw/ccdocs/Chad/Resolutions/RES.Contract-Comdata & TransMontaigne July 20, 2009 Resolution No. 2009-Ra286 Contract: 9088 STATE OF TEXAS SERVICE CONTRACT ISSUED UNDER RETAIL FUEL CARD AND RELATED SERVICES CONTRACT BETWEEN THE STATE COUNCIL ON COMPETATIVE GOVERNMENT BY AND FOR THE TEXAS BUILDING AND PROCUREMENT COMMISSION CONTRACT NO. 050720 -CCG -FC Definitions: "Agreement" means: that certain contract for electronic fuel dispensing and fleet card processor services by and between the State Council on Competitive Government by and for the Texas Building and Procurement Commission ("TBPC"), COMDATA NETWORK, INC. ("Comdata") and TransMontaigne Product Services, Inc. ("TransMontaigne") dated February, 2006 (Comdata and TransMontaigne are hereinafter referred to as "Contractor"). ParticipatingParticipatiLig State Agency City of Lubbock (Legal Name of Entity) —P.O. BOX J2000 (Billing Address) _LUBBOCK, Texas 79457 (City, State and Zip Code) 175-6000590-6 [Federal, State or 501 (c) (3) Tax Identification Number] Tom Vasko, Fleet Manager_ (Contact person name and title) 806-775-2175 / tvasko m lubbock.us (Contact person telephone number and e-mail) All other capitalized terms used in this Service Contract without definition have the meanings set forth in the Agreement. Agreements of Contractor and Public Procurement Unit: 1. Participating State Agency represents that it is authorized by the laws of the State of Texas to enter into this Service Contract and to become a Participating State Agency under the Agreement. 2. Participating State Agency hereby requests the services of Contractor described in the Agreement and agrees to perform all duties of a Participating State Agency under the Agreement, including, without limitation, payment of all charges on its account(s) within the time periods provided under the Agreement, payment of any fees provided in the Agreement (at the rates set forth in the Agreement), and cooperation with respect to providing all necessary information for the administration of the Agreement. Participating State Agency agrees to be bound by the terms and conditions of the Agreement, including, without limitation, rules for authorized and unauthorized use of cards, disputes of charges, reporting lost and stolen cards, and all other rules and provisions relating to use of Participating State Agency's account.. 3. Participating State Agency's Fleet Contact is set forth above. The Fleet Contact is authorized to order Cards and request "lock out" of lost or stolen Cards. 4. Participating State Agency acknowledges that its failure to make timely payment in accordance with the terms of the Agreement and/or the Service Contract may result in suspension or cancellation of the account(s). The undersigned represents and warrants that he/she is duly authorized to execute this Service Contract on behalf of the Participating State Agency and this Service Contract is the valid and binding obligation of the Participating State Agency, enforceable in accordance with its terms. CITY OF LUBBOCK l 4mlllr - - Tom Martin, Mayor ATTEST Rebe ca Garza, City Secretary This Service Contract shall not become binding until accepted by Contractor. COMDATA NETWORK, INC. BY: ,J TITLE: ai DATE: `1 1 c� y TRANSMOTAIGNE PRODUCT SERVICES, INC �--,drfflwu wW i APPROVED AS TO CONTENT: Marke rw , Chef Information Officer Assistant City Manager APP D TO FORM: Chad Weaver, Assistant City Attorney Resolution No. 2009-RO286 CERTIFICATE OF FARMING USE OR STATE USE (KEROSENE OR DIESEL FUEL) (To support vendor's claim for a credit or payment under section 6427 of the Internal Revenue Code.) Name, address and employer identification number of ultimate vendor: TransMontaigne Products Services, Inc. 1670 Broadway Street, Suite 3100 Denver, CO 80202 Federal Tax Identification Number - 84-1477374 The undersigned buyer ("Buyer") hereby certifies the following under penalties of perjury: A. Buyer will use the diesel fuel or kerosene to which this certificate relates — (check one): 1. On a farm for farming purposes (as defined in §48.6420-4 of the Manufacturers and Retailers Excise Tax Regulations) and Buyer is the owner, tenant, or operator of the farm on which the fuel will be used, - 2. On a farm as defined in §48.6420-4(c)] for any of the purposes described in paragraph (d) of that section (relating to cultivating, raising, or harvesting) and Buyer is not the owner, tenant, or operator of the farm on which the fuel will be used; or X 3. For the exclusive use of a State or local government, or the District of Columbia. B. This certificate applies to the following (complete as applicable): 1. If this is a single purchase certificate, check here and enter: a. Invoice or delivery ticket number b. Number of gallons 2. If this is a certificate covering all purchases under a specified account or order number, check here X and enter: a. Effective date b. Expiration date (period not to exceed 1 year after the effective date) c. Buyer account or order number Buyer will provide a new certificate to the vendor if any information in this certificate changes. If Buyer uses the diesel fuel or kerosene to which this certificate relates for a purpose other than stated in the certificate, Buyer will be liable for any tax. Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. C1TjY OF LUB OCK Victor Kilman, Dirctor of Purchasing & Contract Management / 7 5 /ebb 510 � Model Certificate B (Federal Tax Only) At4,P44– Azvi Resolution leo. 2009-80286 CERTIFICATE FOR STATE USE OR NONPROFIT EDUCATIONAL ORGANIZATION USE (GASOLINE OR AVIATION FUEL) (To support vendor's claim for a credit or payment under § 6416(a)(4) of the Internal Revenue Code.) Name, address and employer identification number of ultimate vendor: TransMontaigne Product Services Inc. 1670 Broadway, Suite 3100 Denver, CO 80202 Federal Tax Identification Number - 84-1477374 The undersigned ultimate purchaser ("Buyer") hereby certifies the following under the penalties of perjury" Buyer will use the gasoline or aviation gasoline to which this certificate relates (check one): For the exclusive use of a state; or For the exclusive use of a nonprofit educational organization. This certificate applies to the following (complete as applicable): This is a single purchase certificate: 1. 2. Invoice or delivery ticket number Number of gallons X This is a certificate covering all purchases under a specified account or order number: 1. Effective date 2. Expiration date (period not to exceed 1 year after the effective date) 3. Buyer account number ; , — t ` �' Buyer will provide a new certificate to the vendor if any information in this certificate changes. Buyer understands that by signing this certificate, Buyer gives up its right to claim any credit or payment for the gasoline or aviation gasoline to which this certificate relates. Buyer acknowledges that it has not and will not claim any credit or payment for the gasoline or aviation gasoline to which this certificate relates. Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. C1 1 -Y OF 4UBBOCK Vqn— M16— Victor Kilma Director of Purchasing & Contract Management oModel Certificate D (Federal Tax Only)