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Home My WebLink AboutORANGE, COUNTY OF (25)V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INSURANCE )TA, WORK MAY PROCCED CLERK OF CO NCIL ACREEHENT FOR GASOLINE ANDMOTOR OIL SUPPLIES This AGREEMENT dated October 16 , 1990 for purposes of reference only is entered into by and between tff-6-71-7y-57 Santa Ana, hereinafter referred to as the "City," and the County of Orange, hereinafter referred to as the "County," RECITALS A. The City desires to contract with the' County for the purchase of gasoline and motor oil supplies. 3. The County is agreeable to sell gasoline and motor oil supplies to the City pursuant to the teats and conditions hereinafter set forth. THEREFORE, the parties agree as follows: I. RESPONSI3ILITIES A. The County Agrees: 1. To provide gasoline and motor all supplies only for City police vehicles to the extent that gasoline and motor oil supplies are available. Such vehicles will not exceed a total of 250 at any one time during the term of this Agreement. 2. To allow City to obtain gasoline and motor oil supplies at the County Fruit Street facility at such times when the County Civic Center Garage is closed, but only to the extent that gasoline and motor oil supplies are available. 3. To provide, without cost to the City, one automated self -serve fuel dispensing card (AFDC) for each City police vehicle and City employee. This is to include changes to, and/or additions of, City vehicles and City employees as deemed necessary, 4. To maintain hours of operation as set forth in Exhibit A. If the County changes the hours of operation at the sites listed in this Agreement, City will be duly noticed and advised. S. The CityAgrees: FAR :cb 017 2M-1 8-22-90 1. That County vehicles will have first priority to gasoline and motor oil supplies maintained by the County's GSA/Transportation Division and such gasoline and motor oil supplies will be provided to City police vehicles to the extent available. -1- kt 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the County Civic Center Garage will be the coordination point for the provision of gasoline and motor oil supplies under this Agreement and that said location will be open in accordance with staffing hours as set forth by the County GSA/Transportation Division. 3. To use alternate locations to obtain gasoline and motor oil supplies at the direction of the County's GSA/Transportation Division at such times when gasoline and motor oil supplies are not adequate at the County Civic Center Garage to meet County needs. 4. To reimburse the County $5.00 per card as a replacement fee for lost cards. Wards which are returned damaged, or otherwise inoperative, will be replaced free of charge. 5. To accept responsibility for damage to County facilities or fuel/oil dispensing mechanisms caused by City vehicles and/or employees, and to reimburse County the cost to repair the damaged property. 5. To make no operational demands from the County other than those specified in Section I.A. above. II. COMPENSATION A. For all gasoline and motor oil supplies purchased, the City agrees to reimburse County at the County's prevailing cost plus the County's general overhead rate. B. Current costs and rates are determined by the County of Orange Auditor -Controller in accordance with the policies and procedures established by the County of Orange Board of Supervisors. A copy of the current rates are to be provided to the City by the County. C. County will notify City in writing whenever changes in costs and rates occur. Such notices will be provided at least fifteen (15) days prior to the effective date of such change. III. METHOD OF PAYMENT The City agrees to pay the County monthly upon receipt of an itemized invoice. The invoice will include the volume of gasoline and motor oil supplies purchased by the City during the month covered by the invoice. The County will also provide a report showing the amount ofgasoline and motor oil supplies consumed by vehicle. Monthly invoices should be addressed to: FAB :cb 017 2M- 2 8-22-90 City of Santa Ana Purchasing M-la P. 0. Box 1988 Santa Ana, CA 92702 -2- r 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IV. TERM OF AGREEMENT This Agreement shall remain in effect until terminated as provided for in Section V herein. V. TERMIIATIO N This Agreement may be terminated by either party by giving thirty (30) days prior written notice. In the event of such termination, City agrees to pay for all gasoline and motor oil supplies purchased but not paid for prior to termination. VI. NOTICE Any notice or notices required or permitted to be given pursuant to this .Agreement may be served on the other party personally or by delivery into the U.S. mail if delivery is by registered or certified mail, as follows: COUNTY: General Services Agency Transportation division 445 Civic Center Drive West Santa Ana, CA 92701 CITY: City of Santa Ana Purchasing ti-16 P. 0, Box 1988 Santa Ana, CA 92702 € VII. DISPUTES County and City shall work diligently, reasonably and in good faith to resolve any dispute in as expeditious a manner as possible. Any remaining unresolved dispute concerning a claim, controversy, or question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the GSA/Transportation Division "tanager, who shall reduce the decision to writing and mail a copy thereof to City as stated in Section VI, "Notice." The decision of County's GSA/Transportation Division Manager shall be final unless within thirty (30) days from the date of receipt of such copy, City mails or otherwise furnishes a written appeal addressed to County's GSA/Transportation Division Manager. The decision of County's GSA/Transportation Division Manager for the determination of such appeal shall be rendered in writing within fourteen (14) days and shall be final unless submitted by City to a court of competent jurisdiction in Orange County, California for determination. City's appeal to County's GSA/Transportation Division Manager shall include in detail the Agreement requirements in dispute and any change in price or period of performance resulting therefrom so that the County's GSA/Transportation Division Manager will have notice of a potential claim which may be filed by the City. FAB:cb 0172M-3 8-22-90 -3- Failure to submit such protest within a reasonable period of time specified shall constitute waiver by the City of any and all right to adjustment of the contract price. vIII. INDEMNIFICATION City agrees to indemnify and hold harmless the County, its officers, employees and agents, from any claims, demands or liability for injury to any persons or property, including City, its officers, employees or agents, County, its officers, employees or agents, or other persons arising out of or resulting from City 's performance under this Agreement, unless such injury is caused by the sole negligence or concurrent act of negligence of the County, its officers, employees or agents. If City's'negligence combines with County's act of negligence to cause injury, the parties agree that the liability will be apportioned. IX. MODIFICATIONS This Agreement may -be modified by written agreement of the parties, signed by their respective duly authorized representatives. FA9:cb O172M-4 -4- 8-22-94 COUNTY OF ORANGE 5'udhasing(Agent, Purchasing an M teriel Management Division APPROVED AS TO FORM: COU,NTY COUNSEL FAR :cb 01 72M-5 -5- 9-22-90 CITY OF SANTA ANA By: Daniel H. Youngs, Ma, or ATTEST: Janice �rce C - Guy Clerk of the Council APPROVED AS TO FORM ED A J oOPER CITY A RNEY 4-proved t ) content My