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Ordinance No. 11,404ORDINANCE NO. 11,404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONSENTING TO THE ASSIGNMENT OF THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT FROM OIL PRODUCTS DISTRIBUTION. LTD., TO KENDRICK OIL CO.; RENEWING SAID CONTRACT WITH KENDRICK OIL CO. AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO MILLION THIRTY -NINE THOUSAND FOUR HUNDRED THIRTEEN AND 59/100 DOLLARS ($2,039.413.59); MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS. Oil Products Distribution, Ltd., was awarded the Annual Gasoline and Diesel Fuel Contract on January 12. 2006. pursuant to competitive bidding procedures. which contract included an option by the parties to renew for additional one -year periods; and WHEREAS, such contract was renewed November 20, 2006, November 19, 2007, September 22. 2008. and August 13, 2009: and N HEREAS. Oil Products Distribution, Ltd., desires to assign the Annual Gasoline and Diesel Fuel Contract to Kendrick Oil Co. effective August 1, 2010: and WHEREAS, Kendrick Oil Co. has agreed to accept all of the terms and conditions of the City's Annual Gasoline and Diesel Fuel Contract: and WHEREAS. such assignment is not effective unless approved in writing by the City; and WHEREAS, the City desires to consent to such assignment; and WHEREAS, the agreement can be renewed and can be renewed again for an additional one - year term; and WHEREAS. Kendrick Oil Co. has indicated its willingness to renew the contract for an additional year under the same terms and conditions: and WHEREAS, the Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS: Section 1: That the City Council of the City of Baytown hereby consents to the assignment of the Annual Gasoline and Diesel Fuel Contract from Oil Products Distribution, Ltd., to Kendrick Oil Co. Section 2: That the City Council of the City of Baytown hereby renews the contract of Kendrick Oil Co. for the Annual Gasoline and Diesel Fuel Contract for the sum of TWO MILLION THIRTY -NINE THOUSAND FOUR HUNDRED THIRTEEN AND 59 /100 DOLLARS ($2.039.413.59), and authorizes payment thereof. Section 3: The amount authorized in Section 2 includes a 25% increase to the original contract to allow for the fluctuation in usage and pricing in the market, which was authorized under the original contract and /or renewal thereof. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED. READ and PASSED by the affirmative vote ofie Citti Council of the City of Baytoxvn this the 22 "d day of July, 2010. j^ I/ APPROVED AS TO FORM: 4 NACIO RAMIREZ, SR., City tt rney SYEPI IEN 1 -1. DONCARLOS R KarenkFiles\ Ci q- CounciI\Ordinances12010'Jul} 221Renc% NA nnualGasoline & Diesel FuelContracl.doc