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EXHIBIT 1 AGREEMENT FOR PROVISION OF GASOLINE AND DIESEL FUEL THIS AGREEMENT is made and entered into this 20th day of December, 2016 by and between IPC ((TSA), Inc. ("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 ("City"). RECITALS A. The City desires to retain a Contractor with special skill and expertise to supply City's annual gasoline and diesel fuel needs. B. Contractor is a wholesale distributor of diesel, gasoline, LNG/natural gas, jet fuel, and other petroleum products that maintains its headquarters in the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. 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: 1. SCOPE OF SERVICES Contractor shall provide all fiiel, transportation, labor, supervision, equipment, and incidentals associated with the provision of fuel, as further described in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. Base price of fuel will be Thursday Unbranded Oil Price Information Service / L.A. Early Day, as discounted by the amounts appearing on Exhibit B, with base pricing fixed for the following Monday — Sunday. The total surn to be expended under this Agreement shall not exceed $950,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work perforined, subj ect to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Y ikm This Agreement shall commence on January 1, 2017 and continue through December 31, 2017, unless terminated earlier in accordance with Section 14, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to 25C-3