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AGREEMENT FOR PROVISION OF EQUIPMENT AND COMMODITY PROPANE FUELING STATION THIS AGREEMENT, made and entered into this 4th day of March, 2014 by and between San Luis Butane Distributors, dba Arro Autogas, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of Propane Fueling Station Equipment, Facility Servicing, Propane Supply and Distribution. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide Propane Fueling Station Servicing, Propane Supply and Distribution. 3. In undertaking the performance of this Contract, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Contract will be performed in compliance with such standards. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall 1) provide and install a propane fueling station at the Santa Ana Corporate Yard; 2) provide maintenance of the fueling station; and 3) supply the propane commodity, as set forth in RFP 13 -012 "Propane Fueling Station ", attached hereto as Exhibit A, and incorporated by this reference. Contractor shall provide specifications for the tank to be provided, and shall assist with the coordination and approval of site work necessary to accommodate the propane fuel facility. I1. CONTRACT DOCUMENTS This Contract consists of this Agreement, the Special Provisions set forth in Exhibit A and the Maintenance specification attached hereto as Exhibit B. Ill. OWNERSHIP OF DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Contractor's contribution to the Project, including drawings and specifications to be produced by Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor pursuant to this Contract shall be the property of City. Contractor agrees to provide City with any such materials upon request of City. IV. TERM The term of this contract shall commence on the date of award by City Council, however, no work shall commence until all required bonds and insurance certificates have been approved by the City Attorney. The installation contract shall terminate upon the City's delivery to Contractor of written acceptance of the propane fueling station, at which time the five year maintenance and fuel delivery term shall commence. V. COMPENSATION a. City agrees to pay and contractor agrees to accept as total payment for its services: 1. Provision of the propane tank(s), consultation services necessary to ensure the facility is built to accommodate Contractor's equipment, and installation of the equipment, a total of $10,500. pro pan es upp ly2 /24/14