HomeMy WebLinkAboutContracts & Agreements_235-2005_CCv0001.pdf AGREEMENT FOR USE OF REFUELING STATION
This agreement regarding the terms and conditions of accessibility to, and use of, the City's
alternative fuel refueling station located at 1270 W. Park Avenue, Redlands, California("Agreement") is
made and entered into this 15`" day of November, 2005 ("Effective Date"), by and between the City of
Redlands,a municipal corporation("City")and the San Bernardino Valley Municipal Water District("Fleet
User"), who are sometimes individually referred to herein as a"Party," and collectively, as the "Parties."
In consideration of the mutual promises set forth herein, the Parties hereto agree as follows:
1. Tenn. The term of this Agreement shall commence on its Effective Date and continue indefinitely
unless terminated by mutual consent of the Parties or as provided for in Paragraph 4,below.
2. Access to Refueling Facility. City shall provide access to the Station for the purpose of refueling
vehicles owned and/or operated by Fleet User,Monday through Friday,during the hours of six o'clock a.m.
through four o'clock p.m. The Station will be accessible to Fleet User on a first come,first served basis,but
with City vehicles having priority. The Station will generally be used by Fleet User as an alternate refueling
location for vehicles owned and/or operated by Fleet User.
3. Facility Maintenance. City shall maintain the Station in good working order during the term of
this Agreement. City will provide Fleet User with a minimum of forty-eight(48)hours notification prior to
conducting scheduled Station maintenance or other activities that would render the Station inoperative or
inaccessible during the accessibility periods specified in Paragraph 2, above. City shall provide timely
notification, via telephone and/or facsimile,to Fleet User in the event the Station is unavailable during the
accessibility periods due to unscheduled maintenance or other unforeseen events.
4. Termination. Either Party may terminate this Agreement,without cause, upon thirty(30) days
prior written notice to the other Party.
5. Notices. All notices required or otherwise given pursuant to this Agreement shall be in writing
and delivered in person or sent by mail, postage prepaid, and addressed as provided in this paragraph.
Notice shall be effective on the date it is delivered in person or, if mailed, on the date of deposit in the
United States mail. Notices shall be addressed as follows,unless a written change of notice is filed by Fleet
User with City:
NOTICE OF CITY: NOTICE TO COMPANY:
Maijie Pettus Robert L. Reiter, General Manager and Chief Engineer
Administrative Services Director San Bernardino Valley Municipal Water District
City of Redlands 1350 South "E" Street
35 Cajon Street, Suite 10 San Bernardino, CA 92408-2725
P.O. Box 3005 (mailing)
Redlands CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes
may be made in the names and addresses of the person to whom notices are to be given by giving notice
pursuant to this paragraph.
djirr,agree'Agreenrent refueling
6. Indemnification. The Parties shall defend, indemnify and hold each other and their officials,
officers, employees and agents free and harmless from any and all liability from loss, damage or injury to
property or persons,arising in connection with their negligent acts or omissions in the performance of their
respective rights and obligations under this Agreement.
7. Payment Terms. Fleet User shall reimburse City for fuel costs under the following terms: Fleet
User shall be billed on a monthly basis, and bills shall be paid within thirty(30)days of the date of invoice.
If not paid in a timely fashion,Fleet User's rights to use the refueling facility will be suspended until the bill
has been paid.
8. Attorneys' Fees. 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 costs and any other relief,be entitled
to recovery of its reasonable attorneys' fees, including fees for in-house counsel of the Parties at rates
prevailing,in San Bernardino County, California.
9. Entire A_qeement/Amendment. This Agreement represents the entire agreement of the Parties
hereto as to the matters contained herein,and any prior negotiations,and verbal agreements relating to such
matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing and
approved by the City Council of City and executed by authorized representatives of City and Company.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed on their
behalf by their authorized representatives.
CITY OF REDLANDS ATTEST:
/1.4 '1 ir
K_1
r__1X
BY:
bus n Peppler, Mayor Lo 'e Poyzer, 0�,it/,Clcrk
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
By: r
:�<q 14wL
Robert L. Reiter ?
General Manager and Chief Engineer
djnagree,Agmcnwnt refueling 2