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HomeMy WebLinkAboutRes 1975-52 Authorizing the Mayor & Village Clerk to Enter into a Contract with Gulf Oil Co.IF 1 1 1 RESOLUTION NO. 52-75 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A CONTRACT WITH GULF OIL COMPANY FOR THE PURCHASE OF PETROLEUM PRODUCTS. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Mayor and the Village Clerk be, and they are hereby, authorized and directed to sign that certain contract between the Village of North Palm Beach and Gulf Oil Company for the annual purchase of petroleum products, a copy of which is attached hereto, marked Exhibit A, and by reference made a part of this Resolution. Section 2. The Village Clerk is hereby authorized and directed to affix the Village Seal to said contract. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 25 DAY OF SEPTEMBER, 1975. ATTEST: /s/ Dolores R. Walker Village Clerk /s/ M. C. Love, Jr. MAYOR OP EXHIBIT A C caOQ 000 C;cacapo.Pcc.u4B© September 3, 1975 QUOTATION AND CONTRACT OF SALE GULF OIL CORPORATION, acting through Gulf Oil Company - U.S., a Division of Gulf Oil Corporation, hereinafter called "Seller", quotes as follows, subject to the terms and conditions stated below and on the reverse hereof. To: Village of North Palm Beach North Palm Beach, Florida hereinafter called Purchaser, for use in Purchaser's plants at: North Palm Beach, Florida Method of Products Quantity Delivery Price or Price Basis No Nox Gasoline 64,822 gals. TT $.3469 per gal. Eff. 9-03-75 Good Gulf Gasoline Included In Above TT $.3269 per gal. Eff. 9-03-75 Gulfcrest Gasoline Included In Above TT $.3419 per gal. Eff. 9-03-75 Gulfcrest Gasoline Included In Above TW $.3568'per gal. Eff. 9-03-75 No Nox Gasoline Included In Above TW $.3603 per gal. Eff. 9-03-75 Good Gulf Gasoline Included In Above TW $.3418 per gal. Eff. 9-03-75 COPY OF GULFCREST LETTER OF INSTRUCTIONS ATTACHED. Period- 1Q-.17-75. thr.u. 9730-7.6.. Reasonable notice of required delivery shall be given Seller at West .P..alm. Beach .and. Port .E.vergladea,. Florida Terms of Payment: ....Net, 30 . Pays Acceptance: This offer shall expire at close of business October. 3, .1975 unless accepted by Purchaser by that time or extended in writing by Seller. This instrument contains each and every agreement and understanding existing between the parties relating to the subject matter of this contract, and no amendments or alterations thereto shall have any effect unless made in writing and properly signed by authorized representative of Purchaser and Seller. The above quotation is accepted and contract shall be effective as of date shown below. GULF OIL CORPORATION Village,. Nor. h Palm_ Beach, I;y: . %x. Y t r. name Mayor title September 25, 1975 date.... /C o ATTEST: ,. r.w•, By. Title:.A' ' A. IREC.TOR Gulf Oil Company - U.S., a Division of Gulf Oil Corporation P. 0. Box 4490 Jacksonville, .Florida- .322.01. . address of Gulf office 1 • CONDITIONS ,t.md;ng any, other provision contained herein, SELLER reserves :he right, at ..ay . to ,'Ii C. t_YiiR to in:rease hninediately the pri:ei for the froths., cc. r c r.: bent, and PURCHASER agrees to pay such increased prices. unit is subject to cancellation by either party upon thirty -days written notice to the otiter ,y. Lnd:r no cizco.mstances will SELLER be obligated to supply PURCHASER beyond the thirty -day notice period in the event PURCHASER cancels this agreement. TAXES - In addition to quoted prices, PURCHASER shall pay SELLER the amount of any arid all jams now or hereafter assessed or imposed by any Municipal, State or -United States Government on the lnoducts or contract covered by or resulting from this quotation, or the manufacture, use or sale of said products, unless PURCHASER shall be entitled by law to an exemption from said tax and shall furnish seller with proper exemption certificate when shipping instructions are given. 3. SHIPMENTS - Claims regarding shortage in quantity shall be made at the time of delivery. Any claims regarding variance in quality of products delivered by SELLER shall be made within fifteen (15) days - after date of delivery. Should transportation equipment furnished by the . SELLER be in bad order or leaking, the PURCHASER shall notify the carrier and secure examination by the authorized agent of the carrier as to the condition of the equipment before same is unloaded. It is understood that in the event of any claims asserted by the PURCHASER hereunder the SELLER shalt he Oven an opportunity to promptly inspect the products or goods delivered and failure of the PURCI-LASER to comply with these requirements shall operate as a waiver of' any and all claims by the PURCHASER. 4. LIABILITY - When shipment is made by public carrier and sale is f.o.b. shipping point title and risk of lnss shall pass from SELLER to PURCHASER when loading has been completed. When sale is made on a delivered price basis in SELLERS equipment or when freight is prepaid by SELLER, title shall pass to PURCHASER upon arrival of shipment at destination specified in PURCHASER'S otder. 5. DELIVERIES DELAYED OK PREVENTED - PURCHASER and SELLER shall be absolved from their resp.ctive obligations to deliver or accept delivery of products under this quotation when and to the extent that performance thereof is delayed or prevented by any cause reasonably beyond the control of PURCHASER or SELLER. If SELLER believes in its reasonable'opinion there may be a shortage of supply and that SELLER is or may be unable to meet its obligations to its customers, SELLER may etlocatcp among such customers its available supply in such reasonable manner as it may detennine. MILLER shall not be required to make up deliveries omitted due to any of the causes referred to herein, and the total quantity required under this quotation shall be reduced by the amount not thh.ered, computed on the basis of the average monthly quantity. 6. i'':i:ss otherwise specified all shipments are to be made in approximately equal monthly quantities. 7. 11 siiipoe•a in returnable drums, deposit charge shall be made as indicated in this quotation, and credit ci mosit shall be allowed if empty drums are returned within a reasonable time in good cor iiN.on to Gutf terminal or bulk plant. All ILdii terms are subject to the approval of SELLER'S Credit Department, and, shall be subject to ttnnige from time to time upon notice of same. i'ii't.S--Any notice to he given hereunder shall be in writing and shall be deemed,, tip, , h•1•re hen duly • .,:,i it and when deposited in the United States malt, properly stamped and addressed to the l`.art. for tt.ttorti intended at the address of such party herein specified, or when delivered personally to ,Lich : rilress.