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HomeMy WebLinkAboutContract 58070 DocuSign Envelope ID:0282FA62-3601-4F5A-9184-AFC1C644DC5F CSC No. 58070 ©sun Coast o*Won S' RESOURCES, uvc. �Quality Fuels & Lubricants OURCEELITc Chevron Lubrication Marketer TANK RENTAL AGREEMENT The Effective Date of this Tank Rental Agreement ("Agreement") is the date upon which it is fully executed. This Tank Rental Agreement between Sun Coast Resources,Inc. ("SCRI"and/or"Vendor"),a Texas Corporation,with its primary place of business at 6405 Cavalcade Bldg. 1, Houston,TX 77026 and City of Fort Worth ("Customer" and/or "City"), with its primary place of business at 200 Texas St.,Fort Worth,TX 76102. SCRI will provide Customer at an annual contract amount of$78,840.00,broken out as follows: one (1) 10,000-gallon fuel storage tank(s)(#5982)(or equivalent equipment)and related equipment("Tank(s)")at a monthly rate of$3,000.00 and one(1) 12,000-gallon fuel storage tank(s)(#10383) (or equivalent equipment) and related equipment("Tank(s)") at a monthly rate of$3,500.00. SCRI will also provide Customer with two(2)monitor(s)a monthly fee of$35.00 each for use at its existing location at 2201 W Daggett Ave., Fort Worth,TX 76102 ("Location"). There is a one-time delivery/pick up fee for the Tank(s)in the amount of$0.00. Customer shall not relocate the Tank(s)to another site without prior written permission from SCRI in the form of a fully executed amendment to this Agreement, and Customer agrees that it shall be subject to additional charges of up to $1,000.00 per Tank for doing so. Customer acknowledges that although SCRI may assist with communication with the local Fire Marshal to help Customer meet the placement requirements for such Tank(s) at the Location, it is Customer's sole responsibility to comply with all codes, laws, and regulations. Customer shall hold SCRI harmless for any fees or fines associated with Customer's failure to comply with permitting or licensing requirements,or any applicable code,law,or regulation. All pricing is based on SCRI's preferred payment method of cash and cash equivalents (cash, cashier's check, money order, and business checks approved by SCRI).SCRI shall at all times retain title to and ownership of the Tank(s)and Customer agrees to maintain the Tank(s)lien free.The parties agree that the Tank(s)shall remain SCRI's personal property and shall not be deemed,for any reason, to be a part of any real property to which such Tank(s)may be attached or anchored to or otherwise placed upon.Customer shall use the Tank(s) solely for the purposes set forth herein. Customer shall not remove, deface, or obscure any name plate, decal, or other identifying marking or insignia on the Tank(s),nor any safety or operating data set forth on the Tank(s)or on plates or tags attached thereto. Customer shall be responsible for the care and well-being of the Tank(s)at all times such Tank(s)are subject to this Agreement ("in the Care of Customer"; or"in Customer's Care").In the event the Tank(s) are damaged,lost,or stolen while in Customer's Care, Customer shall immediately notify SCRI of such damage, loss, or theft and Customer shall pay all costs to repair or replace such Tank(s). Customer hereby grants SCRI access to the Tank(s), at all times, subject to reasonable notice, for purposes of inspection, substitution,repair,replacement,or removal. Customer will be wholly responsible for any fuel released from the tanks,provided that SCRI did not cause the spill or damage to the equipment. CUSTOMER SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR AND SHALL INDEMNIFY (TO THE EXTENT PERMITTED BY LA)N) AND HOLD SCRI HARMLESS FROM: 1.)ANY FUEL, LUBE OR OTHER PRODUCTS, POLLUTANTS, OR,CONTAMINANTS SPILLED OR RELEASED FROM THE TANK(S) (EXCEPT TO THE EXTENT CAUSED BY SCRI'S NEGLIGENCE),INCLUDING WITHOUT LINIITATION, ANY REMEDIATION THEREOF AND FINES THEREFOR; AND 2.) ANY INJURIES, DAMAGES, CLAIMS,FINES,CAUSES OF ACTION AND/OR RELATED ATTORNEYS'FEES AND COSTS OF COURT ARISING FROM OR RELATED TO CUSTOMER'S RENTAL OR USE OF THE TANK(S), EXCEPT TO THE EXTENT CAUSED BY SCRI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Other Terms and Conditions: This Agreement shall begin on the Effective Date,as established herein, and shall expire one year after such date, unless terminated earlier in accordance with this Agreement. The parties shall have the option, upon mutual written agreement,to renew this Agreement under the same terms and conditions,for up to four(4)one-year renewal periods.Payment terms of Net 30 from invoice date shall apply, subject to initial and future approval by SCRI's credit department. In the event Customer's account is or becomes a prepay or COD account, Customer acknowledges and agrees that payment in full will be required prior to delivery of any fuel,products,or equipment. If Customer is in default under this Agreement and such default is not cured within thirty (30) days following written notice of default from SCRI, SCRI may, without prejudice to any other right or remedy under this Agreement or otherwise,terminate this Agreement and remove the Tank(s) and contents from whatever location Customer has such Tank(s)stored or placed.In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due 6405 Cavalcade Street•Building 1 •Houston,Texas 77026•800-677-FUEL(3835) •713-844-9600 OFFICIAL RECORD www.suncoastresources.com CITY SECRETARY Page 1 FT.WORTH,TX DocuSign Envelope ID:0282FA62-3601-4F5A-9184-AFC1C644DC5F ©sun Coast o,evmn St RESOURCES, INC. SOURCEELrTE Quality Fuels & Lubricants_ Chevron Lubrication Marketer hereunder,City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated.Either party may cancel this Agreement for any reason by providing seven (7)days written notice to the other party; such notice from Customer(not in default)is to include a request to SCRI for final pick-up of the Tank(s). Vendor agrees that City shall,until the expiration of three(3)years after final payment under this contract,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,including,but not limited to,all electronic records,of Vendor involving transactions relating to this Agreement at no additional cost to City.Vendor agrees that City shall have reasonable access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notwithstanding anything to the contrary,the City shall only have the right to perform one(1)audit in any twelve(12)month period and the time-period audited shall not exceed twelve(12)months for any single audit. Vendor, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law.IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I- 9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR. City,upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. Vendor unless a sole proprietor,acknowledges that in accordance with Chapter 2271 of the Texas Government Code,if Vendor has 10 or more full time-employees and the contract value is $100,000 or more,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification to the City that if Chapter 2271,Texas Government Code applies,Vendor:(1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg.,R.S., S.B. 13, §2),the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more,which will be paid wholly or partly from public funds of the City, with a company(with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms"boycott energy company"and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that 6405 Cavalcade Street-Building 1 -Houston,Texas 77026.800-677-FUEL(3835)-713-844-9600 www.suncoastresources.com Page 2 of 3 DocuSign Envelope ID:0282FA62-3601-4F5A-9184-AFC1C644DC5F ©sun Coast st RESOURCES, INC. V S0URCEELITE Quality Fuels & Lubricants. Chevron Lubrication Marketer Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code(as added by Acts 2021,87th Leg.,R.S., S.B. 19, § 1),the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees)unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. If SCRI's performance is delayed or prevented at any time during the term of this Agreement and such delay is caused by conditions beyond SCRI's reasonable control,then SCRI shall be excused for such periods of delay or non-performance. This Agreement shall not be assigned without the express written consent of SCRI. The terms of this Agreement which by their nature and for any reason are intended to survive and extend beyond the termination,cancellation,or expiration of this Agreement,shall remain in effect and be binding upon the parties beyond such time. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. The venue for all suits and proceedings arising from or relating to this Agreement shall be Tarrant County,Texas.This Agreement contains the entire Agreement of the parties.Any additional,conflicting, contrary, or competing provisions, terms and/or conditions contained in any Customer provided document (including without limitation, form,preprinted, or general terms and conditions attached to a purchase order,work order,vender onboarding document, credit application, or similar Customer provided document) shall be void ab initio regardless of SCRI's execution thereof or performance thereunder.The parties can only amend this Agreement by signing a written document identified as an"Amendment"to this Agreement. AGREED&ACCEPTED: Sun Coast Resources,Inc.("SCRI") City of Fort Worth("Customer"and/or"City") DocuSigned by: BtSteven BoY d B °a"a Buy-and°FF y• Dana Burehdoff I'S�eo 7.2022 05:36 CDT) 1 FOBOD003DO04A1... Printed Name: Steven Boyd Printed Name: Dana Burdhdoff Title: Sr. Managing Director Title: Asst. City Manager Date: 08/30/2022 Date: Revised 0"23,'2022-jhanke 6405 Cavalcade Street•Building 1 •Houston,Texas 77026.800-677-FUEL(3835)•713-844-9600 www.suncoastresources.com Page 3 of 3 Sun Coast Rental ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Re,9 >4 f-,Nw Title: Contract Compliance Specialist APPROVAL RECOMMENDED: Ctire� HA-op_ eL BY: '1w, 1<;0;, 31-CDT) Chris Harder, Director Water Department CONTRACT AUTHORIZATION M&C: N/A Date Approved: Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: WWI BY:D$lack(Sep 6,202214:48 CD' Douglas W. Black Senior Assistant City Attorney ATTEST AS TO CITY MANAGER SIGNATURE: i7a`l ette S. G0aall__ BY:Jannette S.Goodall(Sep 7,2022 08:34 CDT) p� c oR ray"� j� p 0p0 �`(Jannette S. Goodall , O�0000 O City Secretary o o o'A� PJ 0 0,Vo °_� 0 0 4 9 ��� o0 00 0Ici 000000o a �tl?EX Asap OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX