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1975-52 Authorizing the Mayor & Village Clerk to Enter into a Contract with Gulf Oil Co.,_ RESOLUTION N0. 52-75 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A CONTRACT WIT}{ GULF OIL CGMPANY 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 immedia tely upon passage. ' PASSED AND ADOPTED THIS 25 DAY OF SEPTEMBER, 1975. /s/ M. C. Love Jr. MAYOR ATTEST: /s/ Dolores R. Walker Village Clerk 1 ,,;-~; EXHIBIT A '% ~ ~~tai~if ~ Cr3er10{~ O~0 C~c~Ppor~c~4S©~ Caulf '' September 3, 1975 QUOTATION AND CONTRACT OF SALE GULF OII. 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. 1'0: Village of North Palm Beach North Palm Beach, Florida hereinafter called Purchaser, for use in Purchaser's plants at: North Palm Beaoh, 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. Ireriod: .. .... ..... ~.Q-.1-.75. thru 9-30-7.6.. Reasonable notice of required delivery shall be gh•en Seller at ...... west .Palm Beach .and. Port .Everglades.,. Florida....... . Terms of Payment: ....Net. 30.>3ays ..... ............... ................ . Acceptancr. This offer shall expire at close of business .. ....... October. 3, .19.75... . 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 b}' authorized representative of Purchaser and Seller. The above quotation is acceptnl and contract shall be effettive as of date shown below. GULF OIL CORPORA'PION The. Village of'. Nor h Palm. Beach. , name sy:.... .. ........ ...... Title .~ A. IREC.TOR ~ I i 1 ~~ Gulf Oil Company - L1.S., ~ 'Mayor ,." a Division of Gulf Oil Corporation title P. 0. Box 4490 ~' Ja6ksonville,.Florida..322.01.. September 25 1975 .......,,. ~ ........ ..... address of Gulf office date ~7/~ ~,,.,_,,~, , ,..,H., ATTEST:~/-f+-r..e-o ~/~+ ,. C~\ DITIONS '_~.i' ~ ~ _-. , Cia~;(l,ng a1Y Otncr pIOViSlOn COntuir.ed }lereln, SELL t,R iB3:.ri'e5 ..1C :I~h~, at a[ly E_I? r - CO ) 1 f ,..~-x.12: .n In" rC'75.: _.,'InedlB _`iy J2 p:._~i ~; I ~i O;1.:,,. .,,:. ,. ,. ~~'rr.~ent, 2nd 1'iJ ~{.r{ACE?: a~~ees to pay such increased prices. ~~ontract is suhicct to cancellation by either party upon thirty-days written notice to iha other ,~:_ ;y. Un~acr no ci,cumstan~es will SELLER be obligated to supply PURCFIt'>SfiR beyond the. thirty-day notico period in the e'.ent PURCHASER cancels this agreement. ''. '1'.;;~BS - 1n addition to quoted prices, PURCHASER shall pay SELLER the amount of any and all it;cs now or hereaftzr assessed of imposed by any MLmicipal, State or United States Government on tl:e pt-;,duct, 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 s,?ler ~.vitit proper exemption certificate when shipping instructions are given. 3. S1UIiViENTS -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 4hat in the event of any claims asserted. by the PURCHASER hereunder the SELLER shalt be given an opportunity to promptly inspect the products or goods delivered and failure of the PURCI-IASF,R to comply wish these requirements shall operate as a waiver of any and all claims by the PURCHASER. 4. 11AUILITY -when shipment is made by public carrier and sale is f.o.b. shipping point title and risk of L)ss shall pass from SELLER to PURCHASER when loading has been completed. ~i'hen sale is made on a delivered price basis in SELLERS equipment or when freight is prepaid by SELLER, title shall pass to I'URC}USER upon arrival of shipment at destination specified in PURCHASER'S order. 5. Dt;L.lti'F.RtES DELAYED OR PREVENTEll -PURCHASER and SELLER shall be absolved from their respective obligations to deliver or accept delivery of products under this quotation when and to the e:cisat That performance thereof is delayed or prevented by any cause reasonably beyond the control of FURCHASER or SELLER. If SELLER believes in its reasonable opinion there may be a shortage of supply anct that SELLER is or may be unable to meet its obligations to its customers, SELLER may aalocatc among such customers its available supply in such reasonable manner as it may determine. SI'.I_.I ~ilt shall not be .required to make up deliveries omitted due to any of the causes referred to i:ere:ir,, and the total quantity required under this quotation shall be reduced by the amount not ;Llirered, computed on tite basis of the average monthly quantity. G. i`:i:ss othaawise specified ail shipments are to be made in approximately equal monthly quantities. 7. 1C shipped in rehimable. drums, deposit charge shall be made as indicated is this quotation, and credit f~~~ cla;~osit shah be allowed if empty drums are returned within a reasonable time in good condition to .. ~~;~.)i~::r Gulf t.rminal or hulk plant. F~_ .all credit terms are subject to the approval of SELLER'S Credit Department, and shah be~ subject to cli~nga from time to time upon notice of same. A ,. 9. , !T1'ii'lS-Any notice to be givaa hereunder shall be in writing and shall be deemefl (,, p,y,c .;en duly ~~~~ if end when d,posited in the United States mail, properly stamped and adch-aced Ito tr.e l:artr for ..uu ~~n:ended ~~ the address of such party herein specified, or when doli~iel_d pe-rsvnall~ to such :~durvss.