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HomeMy WebLinkAbout02344 - COUNTY OF RIVERSIDE FUEL PURCHASE TAX ro. of Riverside - County eurchase of Fuels @ 4¢/Gal r---•. ""� AGREEMENT #2344 MO 3797 , 9-3-86 AGREEMENT THIS AGREEMENT, is made and entered into this 22nd day of 1986, by and between the C ty of Palm Springs, cal lornia (City) , and the County of Riverside, California (County) . RECITALS: 1. County owns, maintains and uses numerous vehicles in the Palm Springs area which require unleaded gasoline. 2 . County has no facility in the Palm Springs area capable of storing and dispensing unleaded gasoline. I 3. City owns and operates a City Yard in the City of Palm Springs which includes facilities for the storage and self-service dispensing of unleaded gasoline. 4. County desires to purchase from City and City desires to sell to County unleaded gasoline for use in County-owned vehicles which are locally maintained and used. NOW, THEREFORE, the parties hereto agree as follows: City shall sell to County and County shall buy from City unleaded gasoline pursuant to the following terms and conditions: 1. Price: County shall pay to City for each gallon of gasoline purchased the sum which is equal to the cost of said gasoline to City plus four cents ($.04) ; 2 . Cost to City; Cost to City shall be the price per gallon of unleaded gasoline most recently purchased by the City on the date I of any monthly billing; i 3 . Billing and Payment: City shall prepare and present to I County, on or before the loth day of each month this Agreement is in effect, a bill and statement for unleaded gasoline purchased by County during the previous month. County shall make full and complete payment of said bill on or before the last day of the month. 4. Availability: County may dispense unleaded gasoline into its vehicles at City's facility at any time said facility is open and operating. Said facility is presently open and operating 24 hours per day and 7 days per week. city makes no representation that said facility will remain open and operating at said times and City expressly reserves the right to set any hours of operation which City deems to be convenient for itself. JUL 2 2 �986 3 . 15 5. Identification Cards: Because the City facility gasoline pump must be activated by a computer identification card, City shall issue one computer identification card to each person designated by County and one vehicle identification card for each vehicle designated by County. County shall pay to City the sum of $4 . 50 for each identification card so issued. If an identification card so issued shall thereafter become lost or damaged City shall, upon written notification thereof, replace such lost or damaged identification card and County shall pay to City the sum of $4. 50 for each identification card so replaced. 6. Liability Insurance• During the entire term of this Agreement, County agrees to procure and maintain public liability insurance at its sole expense or maintain sufficient reserves in any program of self-insurance to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of County or any person acting for County or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of County or any person acting for County or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the City against incurring any legal costs in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: Bodily Injury--$50, 000 each person $100, 000 each occurrence Property Damage--$50, 000 each occurrence $50, 000 aggregate A combined single limit policy with aggregate limits in the amount of $100, 000 will be considered equivalent to the required minimum limits. All such insurance shall be primary insurance and shall name the city of Palm Springs as an additional insured. County agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which County may be held responsible for the payment of damages to persons or property resulting from County activities, or the activities of any person or persons for which County is otherwise responsible. 7 . Hold Harmless: County hereby agrees to defend, indemnify and hold City, its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with County' s performance of this agreement. City hereby agrees to defend, indemnify and hold harmless County, j' its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however / caused, resulting directly or indirectly from or connected with City's performance of this agreement. S . Service of Notice: Any notice to a party hereto shall be mailed, postage prepaid, and addressed as follows: County of Riverside City of Palm Springs Auto Maint. Department P. 0. Box 1786 4293 Orange Street Palm Springs, California 92263- Riverside, California 92501 1786 Attn: Scott Moore Attn: Len Mills Fleet Operations Manager 9. This document contains the entire Agreement between the parties and shall not be changed in any way except by written amendment properly executed by the parties hereto. 10. Termination of Agreement: This Agreement shall continue in full force and effect unless and until terminated by written agreement of the parties upon 10 days notice. DATED: JUL 2 2 1986 , 1986 COUNTY 0 RIVE DE ATTEST: GERALD A. % ONEY, perk BY, By VICE-CHAIRMAN Of THE BOARD OF SUPERVWOM PUN Title DATED: /� � , tC �� , 1986 CITY OF PALM SPPJR/INGS By____ APPROVED EY THE CITY COUNCIL BY &ESA f�''D, i 7 % 7 3 . f<C,. .fJ R. KING my — ll' f.'IANAGER Title LB2:Fuel. agm