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HomeMy WebLinkAboutReso 71-05 Fuel Purchase RESOLUTION NO. 71 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * . . * . * * * * * * . * * * * APPROVING AGREEMENT WITH ALAMEDA COUNTY FOR PURCHASE OF FUEL WHEREAS, due to ongoing enviromnental upgrade requirements and the cost of pennits, monitoring, and fuel purchase costs, it is in the City's best interest not to supply gasoline at the Civic Center's on-site fueling station; and WHEREAS, Alameda County is willing to execute an agreement to allow the City to obtain fuel at Alameda County's fueling stations as a mOTe cost-effective option; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the agreement with Alameda County for the purchase of fuel, which agreement is attached hereto as E1thibit "A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 3rd day of May, 2005. AYES: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None K'/G/3-3-05/reso 71-05 fuel purchase (Item 8.2) g:\agenmt$C\~Hf) fuel pUfCh6se EXInBIT "A" OF RESOLUTION 71 -05 AGREEMENT TO PURCHASE MOTOR FUEL This AGREEMENT, made and entered intothi~31t;t day'o~/' ,~, by and between the COUNTY OF ALAMEDA, a political subdivi~i~tate of California ("County") and the City of Dublin ("City"). WHEREAS, the County owns and operates facilities or fuel stations located within the County of Alameda, California which dispense motor fuel; and, WHEREAS, the City, desires to purchase motor fuel from the County for City use in CITY motor vehicles; NOW, THEREFORE, it is mutually agreed as follows: 1. Fuel Cards: The County, through its General Services Agency ("GSA"), will provide to the City two types of use cards (an Operator Card and an Equipment Card) that authorize City employees to purchase motor fuel from one or more of specifically desi¡:,'nated County self-service fuel stations or other stations. One card is an Operator Card which must be in the possession of the authorized City employee in order to purchase motor fuel under this Ab'feement. The second card is an Equipment Card which shall be used with. the particular City vehicle for which fuel is needed. In order to purchase motor fuel under this Agreement at either a County or other station, both. cards must be used simultaneously. The City shall submit all requests for cards under this . Agreement in writing and allow a reasonable amount of time for the County to deliver the requested card(s). Requests by the City to terminate or deactivate a card or cards may be made verbally but shall be followed as soon as practical by written confirmation of that request. 2. Fuel Stations: The designated County self-service fuel stations are identified on thc attached Exhibit A. The County agrees to use its best efforts to make motor fuel available to the City at those stations uoder the terms of this Agreement. GSA fuel stations will operate during regular business hours from 8:00 a.m. to 5:00 p.m., and extended hours as identified on Exhibit A. These designated time/hours may be subject to change depending on the County's reasonable operating needs and/or budget constraints. 3. Responsibility for Card Use: The number of cards (Operator Cards and an Equipment Cards) provided by the County to the City will depend on the City's needs and requests to the County. The City will be solely responsible for the distribution, management and use ofthose cards once they have been provided by the Couoty to the City. The City agrees that its employees will use the cards only for City-related purposes. Notwithstanding any misuse or alleged misuse of the cards provided to the City under this Agreement, the City agrees to pay the County as provided herein for all use of those cards. 4. Term of Agreement. This Agreement shall be renewed automatically ona year-to- year basis on July 1, upon the receipt of a written Purchase Order from the City setting forth the anticipated fuel to be purchased during the fiscal year. . This Agreement can be terminated upon thirty (30) days notice by either party with or without cause without penalty except that City shall be responsible for all card usage as provided herein. 5. Charges: a. The City agrees to pay to the County an administrative fee of per card to genCfate and provide the Operator and Equipment Cards under this Agreement. The fee for Fiscal Year 2004-05, which is from July 1, 2004 . through June 30, 2005 is $4.30. The fee in Fiscal Year 2005-06 is estimated to be $4.44. This fee is subject to change as necessary to adjust for overhead cost and other reasonable costs incurred by the County to provide the cards. b. The City further agrees to pay the County, for every gallon of motor fuel purchased with the Card or Cards provided to the City under this Agreement, the County's net price per gallon of fuel whether purchased at a designated County facility or other facility. c. The City further agrees to pay to the County an additional administrative fee of$0.05 per gallon for every gallon of motor fuel purchased with the Card or Cards provided to the City under this Agreement. This fee applies to every gallon purchased whether purchased at a designated Couoty facility or other facility. TIlis fee is subject to change as necessary to adjust for overhead cost and other reasonable costs incurred by the County to provide the cards. d. The County through GSA or other designated agency of the County will invoice the City on a monthly basis against the Purchase Order. The City shall pay all outstanding amounts on said invoices wi.thin 30 days of receipt of invoice. Checks shall be made payable Alameda Couoty Treasurers and shall be submitted to the General Services Agency, ATTN: GSA-Accouoting, 1401 Lakeside Drive, 10th Floor, Oakland, CA 94612. 6. Indemnity: a. CITY shall assume liability and shall pay cost of defense and hold the COUNTY harmless from loss, costs, or expenses to the extent caused by the negligent or wrongful act or omission of CITY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et. seq., of the Government Code, by reason ofa dangcrous condition of public property of the CITY, CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of CITY officers, agents, and employees arising in the performance of this agreement. b.COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs, or expenses to the extent caused by negligent or wrongful act or omission by COUNTY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et. seq., of the Government Code, by reason ofa dangerous condition of the public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from Joss, costs, or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents, and employees arising in the performance of this agreement. 7. Release: City shall assume all associated risks of damage to its property or death or injury to its personnel associated with its purchase of motor fuel under this Agreement. The City hereby releases the County from all claims, losses, damages, liabilities or expenses, including reasonable attorney fees incurred in the defense thereof, for the death or injury to its personnel or damage to its property which arise out of or are connected with the City's purchase of motor fuel under this Agreement. 8. Motor Fuel Dispensed: The City is solely responsible for determining its fuel needs and the compatibility of the fuel provided under this Agreement to meet those needs. For exampJe, at the designated fuel stations, GSA currently dispenses a H20 blend of biodiesel fuel in its diesel tanks. That fuel may not be compatible with all vehicles and equipment and the City shall be solely responsible for making that determination. 9. Fuel Availability: The County will use its best efforts to make motor fuel available at the designated stations to the City under this Agreement. However, despite those efforts, the parties recognize that sufficient quantities of motor fuel may not by available to meet the City's needs. In recognition of that possibility, the City agrees that the County shall not be liable for any delay or other damages, losses or claims whether incurred or allegedly incurred by the City or by its employees, agents, contractors or subcontractors which arise out of or are connected with the unavailability of motor fuel at the desib'ilated or other stations. 10. County Policy: Proper conduct is expccted of City's personnel when on or using County premises or facilities. This includes, but not limited to, adhering to the County's non-smoking Ordinance, a drug-free workplace policy, not using alcoholic beverages, and treating employees and members of the public courteously. 11. Modifications: Any modifications to this Agreement must be in writing signed by both an authorÎzßd representative of the County and by an authorized representative of the City. County: County of Alameda For the City of Dublin Date: Date; By: Aki K. Nakao, Director General Services Agency 5/9/06 EXHIBIT A Dublin - Santa Rita Fuel Station 6175 Madigan Road, Dublin (corner of Madigan Road and Gleason Drive) Type of Work: Unleaded & diesel fuel Hours of Operation; 24/7 hours, including weekends and holidays Hayward - Turner Court Fuel Station 951 Turner Court, Hayward (corner of Turner Court and Kay Avenue) Type of Work; Unleaded & diesel fuel Hours of Operations: Monday - Friday, 5 :30 a.m. - 5 :00 p.m., close on county holidays Hayward - West Winton Fuel Station 224 West Winton Avenue, Hayward (Between Amador Street and Santa Clara Street) Type of Fuel; Unl.eaded fuel Hours of operation: 24/7 hours, including weekends and holidays Oakland - AJcopark Fuel Station 13th Street at Jackson Street, Oakland Type of Fuel; Unleaded fuel Hours of Operation; 24/7 hours, including weekends and holidays San Leandro - OES Fuel Station 2000 - I 50th Avenue, San Leandro (between Foothill Blvd. and Van Avenue) Type of Fuel; Unleaded fuel Hours of Operation; 24/7 hours, including weekends and holidays