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Home My WebLink AboutORANGE COUNTY FIRE AUTHORITY (OCFA) (3)ti H,, -ROCEE F ') N-2021-155 h vdr FUC O JJ Q PWt, m(C1 ORANGE COUNTY FIRE AUTHORITY ")) INTERLOCAL AGREEMENT FOR FUEL PURCHASE This Interlocal Agency Agreement for fuel purchase ("Agreement') is made and entered into this July 1, 2021 ("Effective Date"), by and between the Orange County Fire Authority ("OCFA"), a joint powers authority agency, and the City of Santa Ana ("CITY"), a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. RECITALS WHEREAS, OCFA desires to refuel OCFA vehicles at the City of Santa Ana Corporate Yard; and WHEREAS, CITY agrees to enter into an agreement to provide OCFA access to refuel OCFA vehicles at the City Corporate yard; and WHEREAS, OCFA and the CITY have agreed upon the terms and conditions of this contract. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the parties hereto agree as follows: TERMS AND CONDITIONS 1. SCOPE OF SERVICES. The CITY shall permit OCFA to refuel its fleet vehicles on an as needed basis at the City Corporate Yard located at 215 South Center St., Santa Ana CA 92703. OCFA shall only be allowed to refuel at the City Corporate Yard so long as sufficient amounts of fuel are available, as determined at the sole discretion of the City. The City does not guarantee that fuel will be available, and there shall be no liability or consequences to the City if OCFA is not able to refuel any of its vehicles at the City Corporate Yard. 2. CONTRACT TERM. This Agreement shall commence on the Effective Date and continue through June 30, 2022, unless earlier terminated as provided herein, or as otherwise agreed to in writing by the parties. The Parties shall have one (1) optional one (1) year extension of the Term of the Agreement that may be mutually exercised by a writing executed by the City Manager, the City Attorney, and the OCFA Purchasing Manager, and communicated to the other Party in accordance with Section 8. 3. COMPENSATION. OCFA shall reimburse the CITY based on the price per gallon paid by the CITY at the time of purchase, including cost of the fuel plus various federal, state, and local sales and use taxes, plus an administrative fee of $0.15 per gallon. The total amount of reimbursement pursuant to this Agreement shall not exceed $25,000 per fiscal year. Accordingly, if the CITY exercises the one-year optional extension, the total amount of reimbursement pursuant to this Agreement shall not exceed $50,000. 3.1. Billina. The CITY will provide to OCFA a monthly billing statement which will include the individual and total transaction details Including without limitation, the date and time of fueling, vehicle unit number, amount of fuel dispensed, price per gallon paid by the CITY and the administrative fee. 3.2. Payment. The CITY shall bill OCFA for all costs incurred on a monthly basis. OCFA shall pay all bills within thirty (30) days of its receipt of the CITY billing statement. 4. FUELING INSTRUCTIONS. The CITY fuel facilities are a self-service operation. OCFA employees shall operate the system as directed by the CITY in a safe and responsible manner. The CITY shall supply a fueling system vehicle number to each of the OCFA units designated by OCFA to fuel at the City Corporate Yard. Each vehicle number is uniquely identified and will record and track the amount of fuel dispensed. 5. TERMINATION. This Agreement may be terminated by either party by giving 30 days written notice to the other party. 6. MODIFICATION. This Agreement shall not be modified, except by written amendment, executed by both parties. 7. INDEMNIFICATION. Each party shall defend, indemnify and hold harmless the other, its officers, agents, and employees from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney's fees, for injury to or death of person or persons, for damage to property, including property owned by OCFA or the CITY, except for such loss as may be caused by either party's own negligence or that of its officers, agents or employees. 8. NOTICE. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre -paid, first class mail to the address set forth below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. Notices to be delivered to OCFA shall be directed to: Orange County Fire Authority 1 Fire Authority Road Irvine, CA 92602-0125 Attention: Sara Kennedy Phone: (714) 573-6641 Email: sarakenned c ocfa.org Notices to be delivered to CITY shall be directed to: City of Santa Ana Attn: Clerk of the Council 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 City of Santa Ana 215 S. Center St Santa Ana, CA 92703 Attention: Gregory Hoang Phone: 714-647-3357 Email: ghoang@santa-ana.org Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt. 9. CALIFORNIA LAW AND VENUE. This Agreement shall be construed and interpreted both as to validity and as to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and may not be modified except in writing signed by both parties hereto. 11. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [Signature on Following Page] N-2021-155 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B RYAN O. HODGE Assistant City Attorney RECOMMENDED FOR APPROVAL: �A--,�S < '�� NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA 1�`I`CIJ I INE RIDGE �— City Manager ORANGE CONTY FIRE AUTHORITY SARA KENNEDY Purchasing and Materials Manager