HomeMy WebLinkAboutContracts & Agreements_204-2009_CCv0001.pdf January 7, 2010
MEMORANDUM
TO: Sam Erwin, City Clerk
FROM: Gary van Borst, QOL Director
SUBJECT: REQUEST FOR MAYOR'S SIGNATURE ON FUEL SALES AGREEMENT
This memorandum transmits to you the attached Fuel Sales Agreement with the City of La
Puente for the sale of City CNG/LNG. For reference sake, the City Council authorized the
Mayor, or his designee, to execute fuel sales agreements for the sale of City fuel to outside users
on September 4, 2007.
If you have any questions, please feel free to contact me at x7583.
DecC21 09 `2:28p Mike Sepulveda 909-335-4782 p.2
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Quality of Life Department Equipment Maintenlnce
Division
1 70 W. Park avenue, Building, E, Redlands, CA 92373 4(909)798-7567
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APPLICATION FOR CNGILNG REFUELING STATION
Busines Name or Individual: LA v ✓ k_
Physical �ddress: -A�1 d o e . M Dpi n �1 1`
City, State, Zip: Oi \A-C'_.V\ {
Billing Address:
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City: State: Zip:
Telepho* Number: ("-?515 't 50b Fax: U-7-6e vv
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Contact: S� I he ���n�Title: A V1ekC,
Signatur : Date:
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DESCRIPTION OF VEHICLES AND UNIT NUMBERS
UNIT# YEAR MAKE MODEL
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This form mr,st have an original signature and be delivered to Equipment Maintenance for processing anitl approval.
MUST PRESENT VALIDDRIVER'S LICENSE AT TIME OF REGISTRATION
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FUEL SALES AGREEMENT
This fuel sales agreement ("Agreement')is made this day of
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20 , (" -ffective Date"). between the City of Redlands, a municipal corporation(" ity'), and
a � 1 tOrganized and existing under the laws
of the St of California ("Buyer"). City and uyer are sometimes individually ferried to
herein as a `Party" and, together, as the"Parties." !
RECITALS
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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 ori purchase
orders and purchase order acknowledgments each time Buyer purchases fuel from City, the
Parties wis to enter into an agreement that sets forth the terms and conditions that v ill govern.
all such tr sactions between there.
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In consideIiation of the mutual benefits and obligations set forth in this Agreement, tihe Parties
agree as follows:
AGREEMENT �4
ARTICLE 4 -DEFINITION OF PRODUCT
1.1 The, terra "fuel" means Liquid Natural Gas/Compressed Natural Gas ("LNG/&G") for
which Buyer issues to City a purchase order during the term of this Agreement. (j
ARTICLE 2 ISSUANCE OF PURCHASE ORDERS
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2.1 Buyer may issue purchase orders to City fron time to time. Each purchase order shall
contain a description of the products ordered, the quantities and prices, the ship==schedule,
the terms and place of delivery, and the following notation: "This order is issued pu suant and
subject to Agreement No. [number] between City and buyer." Every purchase orderl issued by
Buyer to Cty following the date of this Agreement and bearing such a notation shall b�governed
by and be eezned to include the provisions of this Agreement. In the event of any inconsistency
between th6 terms and conditions of this Agreement and the terms of a purchase orders the terms
and conditions of this Agreement shall prevail.
ARTICLE —
�3 SAFETY TRAINING
3.1 All Iof Buyer's drivers utilizing the City's fuel facility shall undergo trainin o provide
for the safe=:fueling of Buyer's vehicles. g �
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3.2 Faiiare 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.
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Is,M'Agree+t,eA Sales Atree,-nent 1
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ARTICLE - TERM !I
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4 rrn of this Agreement for purposes of purchase order placement shad co�mence on
the Effecti e Date of this Agreement and continue for a subsequent period of Eve(5)}mars.
ARTICLE r5 - CANCELLATION �
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5.1 Eit er Party may terminate this Agreement at any time upon twenty (20) ys' prior
written not ce. i�
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ARTICLE —L'V'DEMI`IIFICATION
0.1 Buyer shall defend, indemnify and hold harmless City, its elected official', officers,
agents a'A employees, from and against any and all liabilities, damages, losses, costs and
expenses fir 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 r lease and
waive any liability of and claim against the City, its elected officials, officers, agents, and
ernployees, for loss of or damage to property-, including loss of use arising directly orj indirectly
out of or ml connection with Buyer's performance under this Agreement.
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ARTICLE'? - GENERAL Cf?NSIDERATIONIS
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7.1 in the event any action is commenced to enforce or interpret any of the 11 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.
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7.2 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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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 hinding upon the parties.
7.4 This Agreement contains the entire agreement of the Parties and supersede all prior
verbal or Britten agreements of the Parties with respect to the subject matter her*f. This
Agreement,shall be amended or modified only by written agreement, signed by the Paries.
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L}-RM"AgreeTuei Sales Agreenen
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Dec. 21 09 -12:29p Pvlike Sepulveda 909-335-4782 p.5
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IN WITNIJISS WHEREOF, duly authorized representatives of the Parties have imed in
confirmatioh of this Agreement,
CITY OFEDL NT DS ATTEST:
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Mayor City Clerk II
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gY Date
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TITLE ° , j 1 G?a V' a
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DIMI \.gree'' el Sales Agreement
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