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HomeMy WebLinkAboutContracts & Agreements_148a-2010_CCv0001.pdf MOREW VM-L"Y UNWIED 052 FUEL SALES AGREEMENT This fuel sales agreement ("Agreement") is made thisday of CC6bD-(—, 2007, ("Effective Date"), between the City of Redlands, a municipal corporation ("City"), and 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 B. To avoid having to resolve questions of conflicting tem-is and conditions on purchase orders and 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 terra "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. DJM\Agrec\Fue[Sales Agreement f ARTICLE 3 — SAFETY TRAINING 3.1 All of Buyer's drivers utilizing the City's fuel facility shall undergo training to provide for the safe fueling of Buyer's vehicles. 3.2 Failure of Buyer'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 of purchase order placement shall _,� +20) commence on the Effective Date of this Agreement and continue for a period of faiLe (5) yea' G1 4& fl`�t 4-0 s'yY ARTICLE 5 - CANCELLATIONA UD S` 5.1 Either Party may terminate this Agreement at any time upon twenty(20) days' prior written notice. ARTICLE 6—INDEMNIFICATION 6.1 Buyer shall defend, indemnify and hold harmless City, its elected officials, officers, agents and employees, 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. u�$yer 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 Clat-tYLb Ctr15i- loss of use arising directly or indirectly out of or in connection with Buyer's performance 0� under this Agreement. k O ARTICLE 7 - GENERAL CONSIDERATIONS l4(Sf 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this.Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in- house counsel by a Party. 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 binding upon the parties. DJM\Agree\Fuel sales Agreement 2 . k 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 Parties. IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: ze-'�-4 - Pat Gilbreath, Mayor City Clerk BUYER By Date NAME, TITLE By Estuard antl-tlan Busines Manager1 1 / (/'( f� 1/ AgreementlContract A-1©111-1216{1 0/2 611 0-1 012611 1} This contract was app b M o Valley Unified School District Board of Education on The vote was as follows: me Nay Absent Ashe Baca ❑ Holguin 13 ❑ Sayre ❑ ❑ Vackar l� Clerk,Board of Education DJM1Agree\Fuel Sales Agreement 3 CITY OF REDLANDS EQUIPMENT MAINTENANCE DTV. 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 'tndividual: mc)CQAIO...\fflj,�b-A uAt �&d Physical address: L(w '4s ' City, State, Zip: A \[a4to CE Mailing address: , >iP QL5�1d �_._..._.._ City, State, Zip: Telephone number- -6q Fax: hoc- . 11G ?DI?D Responsible individu d titli i)� , Signature: Date: r' "�/r0 Description of vehicles and unit numbers: UNIT# YEAR MAKE MODEL YA ' WORD; FORM/ Flet CNC APPL FOR SERVICF Board of Edueation rD ;Ipol District Jacqueline L.Ashe SL esus Al Baca AV Jesus Al.Holguin V10Aj Vndro Boulevard C Rick Sayre �ialffiornia 92553 Tracey B.Vackar f 1 951) 571-7500 Superintendent of S .04,wmvusdnet Rowena T Lagrosa CHH Our mission is to prepare al November 3, 2010 f or you, ents Return City of Redlands Equipmeni �0jr CO roval "t,'a"d file 1270 W. Park Avenue. Bldg. for your ap'P140te and ,Take appropriate your S11- Redlands, CA 92373 opTiate actlola nature ments'below Dear Contracts Manager: C0,11 see con, On October 26, 2010, the Mo ❑ See Me approved the Fuel Sales Agr( 10/26/11). Please reference collimero= correspondence and invoices. Enclosed are two (2) originals o. copy for your records and return a Moreno Valley Unified School Di Business Services Division Attn: Cam Stolpe 25634 Alessandro Blvd. Moreno Valley, CA 92553 If you have any questions and/or concerns regarding this agreement, please contact me at (951) 571-7500, extension 17242. Sincerely, Cam Stolpe Accounting Clerk III Business Services Division Enclosures