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INSURANCE ON FILE A-2016-370 <br />WORK MAY PROLEED <br />JNTIIJN3U ANCE EXPIREa <br />fi7 ; <br />tC9LI9KOF COUNCIL GREE FOR PROVISION OF GASOLINE AND DIESEL FUEL <br />DATE: ) xll 01 <br />THIS AGREEMENT is made and entered into this 20th day of December, 2016 by and between IPC <br />(USA), Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized <br />and existing under the Constitution and laws of the State of California ("Cit)°'). <br />RECITALS <br />A. The City desires to retain a Contractor with special skill and expertise to supply City's annual <br />gasoline and diesel fuel needs. <br />B. Contractor is a wholesale distributor of diesel, gasoline, LNG/natural gas, jet fuel, and other <br />petroleum products that maintains its headquarters in the City. <br />C. In uurdertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonablybe expected fronn a professional contracting <br />firm in the field. <br />NOW THEREFORE, in consideration of the Mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />I. SCOPE OF SERVICES <br />Contractor shall provide all fuel, transportation, labor, supervision, egniptrwriit, and incidentals <br />associate([ with the provision of fuel, as further described in Exhibit A to this Agreement. <br />2. COMPENSATMOI'3 <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its ser-vic:es, the <br />rates and charges identified in Exhibit B. Base price of fuel will be Thursday Unbranded <br />Gil Price Information Service / L.A. Early Day, as discounted by the amounts appearing <br />on Exhibit B, with base pricing fixed for the following [Monday — Sunday, The total sum <br />to be expended under this Ageement shall not exceed $950,000. <br />b, payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work that fails to meet the standards of performance set faith. in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on January 1, 2017 and continue through December 31, 2017, <br />unless terminated earlier in accordance with Section 14, below, <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, daring the entire term of this Agreement, be eonstmed to be an independent <br />contractor and riot an employee of the City. This Agreement is not intended nor shall it be construed to <br />