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HomeMy WebLinkAboutContracts & Agreements_50-2010_CCv0001.pdf CITY OF REDLANDS EQUIPMENT MAINTENANCE DIY. 1270 W. PARK AVE. Bldg, E .Redlands, CA. 92373 909 '798-7567 Fax 909 335-4782 APPLICATION FOR L/CNG REFUELING STATION Business name or individual:_ j` y� Physics! address:=��_. _'�t���'1 City, State,Zip: Mailing address: �( Q ovf . City, State,Zip: Telephone number: '71 � j i -- Fax: i Responsible individual and title: Gt' Y4n D Drivers License Number: p Signature: -4ALz-jj r Date: / Description of vehicles and unit numbers: UNIT# YEAR MAKE MODEL LICENSE PLATE# Qv(( CNO nPPL POR SRkVj0Lr OCT 206, 3 FUEL SALES AGREEMENT 20_1 tj This fuel sales agreement("Agreement")is made this day ofC' PEffective Date"),between the City of Redlands,a municipal cor ("City"),and_1:kjd t Q, y V_1 a_ . Organized and existing under the laws of the State Of California("Buyer"), City and Buyer are sometimes individually referred to herein as a"Party-and, together, as the"Parties." RECITALS A. The Parties contemplate that Buyer will purchase from City and City will sell to Buyer fuel on an ongoing basis. B. To avoid having to resolve questions of conflicting terms and conditions on purchase orders maid purchase order acknowledgments each time Buyer purchases fuel from City,the Parties wish to enter into an agreement that sets forth the terms and conditions that will govern all such transactions between them. In consideration of the mutual benefits and obligations set forth in this Agreement,the Parties agree as follows: AGREEMENT ARTICLE I -DEFINITION OF PRODUCT 1.1 The term "fuel"means Liquid Natural Gas/Compressed Natural Gas ("LNG/CNG") for which Buyer issues to City a purchase order during the term of this Agreement. ARTICLE 2- ISSUANCE OF PURCHASE ORDERS 2,1 Buyer may issue purchase orders to City from time to time. Each purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule,the terms and place of delivery, and the following notation: "This order is issued pursuant and subject to Agreement No. [number]between City and buyer."Every purchase order issued by Buyer to City following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement In the event of any inconsistency between the terms and conditions of this Agreement and the terms of a purchase order,the terms and conditions of this Agreement shall prevail. DIWAgrecTuel Saks AVwmen �w �lr ARTICLE 3—SAFETY TRAINING 3.1 All of Buyer's drivers utilizing the City's fuel facil' Provide for the safe fueling of Buyer's vehicles. 'shall undergo training to 3.2 Failure of Buyer's drivers to show proof of training will result i suspension of to Buyer until such proof can be shown, i n the immediate ARTICLE 4. TERM i 41 The term Of this Agreement for Purposes of commence on the Effective Date of this Agreement andscontinu order placement shalt of foe(5)years. a for a subsequent period ARTICLE S-CANCELLATION 5.1 Either Party may terminate this Agreement at any time upon twenty t ty(20}days, Prior written notice. ARTICLE 6—INDEMNIFICATION 6.1 Buyer shall defend, indemnify and,hold harmless City, its elected Officers,agents and employees, from and against and aliabilid officials, costs and expenses for injury to property or injury damages, losses, in connection with products and services be provided under this Agreement. arising out of or also shall release and waive any liability of and claim against the City, its elected Buyer officials, officers,agents,and employees, for loss of or damage to elected lass of use arising directly or indirectly out of or in connection with Buyer's including under this Agreement performance ARTICLE 7-GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or rote ret conditions Of this Agreement the prevailing any of the terms or relief, be entitled to recover its reasonable alt shall, n addition g fees for use n other house counsel by a Party. in. 7.2 This Agreement shall be governed by and construed in accordance with the la of the State of California. laws 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 binding upon the parties. DIMAgreeTuel Sales Agreement 2 r OEM 101 7.4 This Agreement co ntains the Prior verbal or written agreements of they Pare rts agreement of the Parties and supersedes all This Agreement shall be amended or modified only b respect to the subject matter hereof. Parties. Y Y written agreement, signed by the IN WITNESS WHEREOF, duly authorized representatives confirmation of this Agreement. of the Parties have signed in CITY OF REDLANDS ATTEST: B Pat Gilbreath, Mayor City Clerk i BUYER i By a N�, Date i i i r f r DAMVW UJ' Satn Amt r 3