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1999-062-ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS, MONTGOMERY OIL COMPANY TO FOOD FAST HOLDINGS INC RESOLUTION NO. 99-062 WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of November, 1995, award to Montgomery Oil Company the bid for the furnishing and delivery of unleaded gasoline and diesel fuel to the City of Paris in accordance with the specifications and conditions for fuel bid; and, WHEREAS, Montgomery Oil Company is selling its business and has requested the City Council of the City of Paris to approve the Assignment of Rights and Obligations to Food Fast Holdings, Ltd. for the furnishing and delivery of unleaded gasoline and diesel fuel to the City of Paris; and, WHEREAS, the City Council desires to continue to do business in accordance with the specifications and conditions for fuel bid, and it is deemed appropriate that such assignment be approved; and, WHEREAS, the form of the Assignment of Rights and Obligations, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor Pro Tem, Mary Ann Fisher, should be authorized to acknowledge approval of said assignment by signing the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Assignment of the Rights and Obligations from Montgomery Oil Company to Food Fast Holdings, Inc. for the furnishing and delivery of unleaded gasoline and diesel fuel to the City of Paris, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor Pro Tem, Mary Ann Fisher, be, and she is hereby, authorized and directed to acknowledge approval, on behalf of the City of Paris, of the Assignment of Rights and Obligations by signing the same in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 14th day of June, 1999. ~~~~m ATTEST: ~~~..~~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: J~~ Acting City Attorney ~D '- -r1f""""L.-- ASSIGNMENT OF RIGHTS AND OBLIGATIONS STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ~ THAT MONTGOMERY OIL COMPANY, hereinafter called ASSIGNOR, for and in consideration of the sum of TEN AND NO/l00 DOLLARS ($10.00) and other good and valuable consideration to it in hand paid FOOD FAST HOLDINGS, LTD., the receipt and sufficiency of which is hereby acknowledged, does hereby assign, transfer, and convey unto FOOD FAST HOLDINGS, LTD, hereinafter called ASSIGNEE, all of its rights, obligations, and responsibilities under that certain unleaded gasoline and diesel fuel bid between MONTGOMERY OIL COMPANY and the CITY OF PARIS, PARIS, TEXAS, dated November 13, 1995, and attached hereto as Exhibit A, for and during the remainder of the term of said bid. IN WITNESS WHEREOF this assignment is executed on the 14th day of June, 1999. MONTGOMERY OIL COMPANY, ASSIGNOR By: Norman Montgomery, Jr., Owner ACCEPTANCE OF ASSIGNMENT FOOD FAST HOLDINGS, LTD., Assignee in the above assignment, does hereby covenant and agree to assume and accept the obligations and responsibilities of Assignor above under the above-referenced bid document attached hereto as Exhibit A. FOOD FAST HOLDINGS, LTD, ASSIGNEE By: Brent Waller, President EXHIBIT A The aforesaid assignment of rights and obligations is approved and accepted by the City of Paris, Paris, Texas, on this 14th day of June, 1999. CITY OF PARIS, PARIS, TEXAS ) ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: C. Henderson, Ac ng City Attorney SPECIfICATIONS AND CONDITIONS FOR FUEL BID 1 . Scope- THIS BID PERTAINS TO UNLEADED GASOLINE AND DIESEL FUEL. This bid is for the purchase of fuels to be taken at the vendor I s location (s). The City does not guarantee that any specific amount will be purchased under the contract since fuel is purchased on an as needed basis, but $168,616 has been budgeted in 1995-1996 for all types of fuel purchases. 2. Pricing - This contract shall be a cost plus firm cents per gallon charge above quoted shall include the following: r type with the prices to be based on a the suppliers actual cost. The price 1. State of Texas twenty ($.20) cent gasoline tax on each gallon on gasoline, 2. Freight charges, and 3. Bidders profit margin, (firm cents per gallon charge). 4. The Super Fund Tax. The prices quoted shall not include: 1. Federal excise tax as the Agency is exempt, 2. State tax on diesel fuel, delivered to the City's Public Works Compound. Tax exemption certificates shall be supplies to the vendor as required. For the purpose of low bid determination, the bidder is to bid his actual cost price plus profit margin, freight charges and applicable taxes, as of 12:00 noon on Friday, November 1, 1995, prior to the bid opening. Proof of vendor's cost must accompany the bid. A bill of lading showing delivery to the vendor's address and matching invoice shall constitute proof of .cost to which taxes and profit margin may be added or vendors may use a guide to area costs.. Escalation in vendor's cost shall be allowed throughout the term on this contract so long as vendor provides proof of such cost change. The City, likewise, should benefit from any cost decreases the vendor receives. 3. Vendor shall invoice the City weekly and provide detailed consumption records as well as proof of vendor1s cost of fuel sold during the period. 4. Product Specifications - Fuels to be supplied on this bid will be identified on the face of the bid invitations and may include any of the following: Regular Unleaded Gasoline," with a minimum octane rating of 87. Unleaded Plus Gasoline, with a minimum octane rating of 89. Supex Unleaded Gasoline, with a minimum octane rating of 92. Please state the gravity of the diesel fuel. All applicable government standards. EXHIBIT A 5. Failure to Provide Fuel - If provision is not made at the time requested the City reserves the right to procure the product on the open market. It shall also be the City's right to bill the contractor the difference between the bid price and the open market price as a penalty for inability to provide. Vendor must provide 24 hour access to fuel supplies and usage information by vehicle. I f a non-key system is used, vendor must also provide City employee's full signature on all fuel tickets. 6. Qualification of Bidder - Bidders must, at the City. s request, furnish satisfactory evidence of their ability to furnish the products or serv~ces in accordance with the terms and conditions of these specifications. The City reserves the right to make the final determination as to the bidder's ability. By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the Antitrust Laws of the State, codified in Section 15.01. et. seg., Texas Business and Commerce Codes, or the Federal Antitrust Laws, or communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. 7. Bid Extension - This bid may be extended annually if both parties agree to do so approximately thirty (301 days prior to the expiration of this contract. B. Testing of Fuels - Fuel under this contract is subject to test to insure compliance with specifications. All tests shall be made as per methods used by the American Society of Testing Materials, unless otherwise specified. When test analysis shows fuel !l\eeting specifications, the City will pay for said test; when test analysis shows fuel does not meet specification, contractor will pay for said test. Rt~E\~ ~ l1e'!l5 . Y. 'tJIAl'!Po.G ER ~~ l'EXAS BID SHEET FOR FUEL FOR CITY OF PARIS Unleaded Gasoline Bid Price For: $ .L)();D (per gallon) Plus State Gasolin~ Ta;.{: $ .20 'fransportation; Plus l1arqi.n:. T:: Delv Fe(~ $ .0873 (See Bela',,) Total Price per Gallon: $ .7311 Off-Road Diesel On Road Diesel $ $ . ,,!,SO $Exempt f .."0 $ $ .C"9S~ $ $ . 2403 1, NOr!ncln Nontr-omcr7 J::-. I of H0::1tr~or,~'~:'v 011 COP.'!nr=\~lY (name) (company name) do hereby agree to meet or exceed all of the specifications drawn by the City of Paris and I, also, agree to maintain the same margin of profit for the year December 13, 1995 through December 12, 1996. If the contract renewal option is taken, the same profit margin will be maintained through December 12, 1996. Marp,;in Gasolin<: Dlcsel; Transportation .0353 .01:13 .0140 Texns Dlny Fee R2imb. .0120 Cost per; (';2.110n .Oh Ot. Total .0873 ..0953 . . !!;ontP:OtTI0ry Oil Cmn'"')[!.::..,r Firm Name .J , 2'11:50 Church Str::et Street Address Pcu:'in l Te:;~8c 7511.60 City/State/Zip (90:-,) 7Blt.-'-f ':)c:,g Telephone Number orized Signature Nov2ml)C~!' ~. 1Qqc:; Date THE CITY OF PARIS RE~ERVES THE RIGHT TO REJECT ANY OR ALL BIDS.