HomeMy WebLinkAboutContracts & Agreements_170-2010_CCv0001.pdf FUEL SALES A -nEMENT
This fuel sales agreement('Agreentem,)is made this 2 2
2010,("EX`ective l)aee" day of October
("Cit ,between time City Svcs. i� ds,a municipal cc�rporatio�n" ",
y' ,and Durham School City
oftlmeSta#e ofCalifomia("Buyer-) Cityand Bu or€l -zed and existing under the laws (Limited Liability
to herein as a"Party"and,toge(her,as the`•Part Buyer are sametmmes individually referred Partnership)
RECITALS
A fuer
Buyer' The'asaanrtlesongoing cantemplbasis.a�te that Buyer will purchase from City and City will sell to
To avoid having to
Purchase
resolve questions of conflicting terms and conditions on
rchase orders and purchase ander acknowledgments each time Buyer purchases fuel
from City,the Parties wish to enter into an agreement that se's forth the terms and
conditions that will govern all such tr2mactions between theca.
In consideration ofthe-mutual benefits and obligations sei
Parties agree as follows: fortFm in this Agreement:the
ARFICLE f-DEFWZION OFIYItO1)IICF
1.1 The term"fuel"mesas Liquid Natural GaslCompressed Natural Gas
Agreement,
for which Buyer issues to City a purchase order during the term of this
Agreerrment,
ARTICLE 2-ISSUANCE OF PUItMASE ORDERS
It Buyer may issue purchase orders to City from time to time.
shall contain t description of the products ordered,the quantities and prig,the shipment
schedule,the terms and place ofdoliv �purchase order
issued pursuant and subject to A and time following natation;"This order is
Purchase order issued b Buyero mens ty to (number]between City and buyer."Every
such a notation shall be governed bycand be wing the
to nclude of hih provisions n this
Agreement and beating
Agreement. In the event ofany inconsistencdetruedy between the terms and conditions of this
ShallpreyAgreement and the terra of a purchase order,the terms and conditions of this Agreement
shall prevail.
D]M\A,grteWW 3219*Agremml
ARTICLE 3—SAFETY TRADM(;
3.1 All ofBuyer,s drivers
provide for ale safe fueling Of`BuyWPn9 the City's fuel shall undergo training to
,r*s vehicles. g
3.2 Failure OfBuyer's drivers to show Proof of training will result in the immediate
suspension of sales to Buyer until such Proof can be shown.
ARTICLE 4-TERM
41 The term Of this Agreement for Purposes Ofpurchase order placementshall
commence on the Effective Data of this Agreement and continue for a sub,
of five(3)years, sequent period
ARTICLE S-CANCELLATION
5.1 Either Party may terminate this Agreement
Prior written notice. 9t any time upon twenty(20)days
ARTICLE 6—INDEMN)FICAUON
6.1 Buyer Shall defend,indemnify and hold harmless City,its elected offItials,
Officers,agents and employ=,from and against any and all liabilities,damages,losses,
costs and expenses for injury to property or injury or death of any person arising out of or
in connection with products and services to be Provided under This Agreement. Buyer
also shall release and waive any liability of and claim against the City,its elected
Officials,officers,agents,and employees,for loss of or damage to property,including
loss Ofus,0 arising directly or indirectly out of or in connection with Buyer's performance
under this Agreement,
ARTICLE 7-GENERAL Co,*4SIDERATIONS
7.1 In the event any action is Commenced to enforce or interpret a y t s or
conditions Of this Agreement the prevailing party shall,in
n of the terms
fees,includ &fees for
attorneys'f in addition to any costs and,other
relief,be entitled to recover its reasonable
house counsel by a Party. in use of in_
7.2 This Agreement shall be governed by and construed in accordance with the laws
of the State of California,
7.3 If any Provision or part of the Agreement is held to be void or unenforceable
under any law or regulation,it shall be deemed stricken,and all remaining provisions
shall continue to be valid and banding upon the parties,
9 rail DIWOUTuel Sales Agmemew 2
7.4 This Agreement contains the entire agreement of the Parties and supersedes all
prior verbal or written agreements of the Parties with respect to the subject matter hereof.
This Agreement shall be amended or modified only by written agreement,signed by the
Pasties.
IN WI"T"NESS WHEREOF, duly authorized representatives of the Pasties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
Pat Gilbreath,Mayor City Clerk
BUYER
13 N(f' ,
NAME,TITLE
'MnrI'6, AetFtc )�Lo/j VJO
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