The URL can be used to link to this page

Home My WebLink AboutMINUTES - 01261999 - C90 TO: BOAR OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra "- ' Costa DATE: January 26, 1999 County SUBJECT: AGREEMENT WITH THE MARTINEZ UNIFIED SCHOOL DISTRICT ALLOWING THE PURCHASE OF FUEL SPECIFIC REQUESTS OR RECOMMENDATiON(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION: APPROVE and AUTHORIZE the Director of General Services or his designee to EXECUTE, on behalf of Contra Costa County, an Agreement with the Martinez Unified School District to undertake the services specified in the subject proposed Agreement for the purchase of fuel and utilization of the County's fueling station. In addition, Contra Costa County will enter into agreements with Martinez Unified School District to provide fleet services when requested by Martinez Unified School District. II. BACKGROUND: The Martinez Unified School District has requested permission to purchase fuel from County facilities. III. FINANCIAL IMPACT: The Martinez Unified School District will pay to Contra Costa County the cost of fuel plus a per gallon markup to cover the County's overhead costs. This arrangement may permit the County to obtain slightly lower overall fuel costs due to an increased ability to negotiate for larger quantities of fuels There is no net cost to the County and this action may reduce fuel costs for the Martinez Unified School District, as well as the County. CONTINUED ON ATTACHMENT: SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF HOARD COMMITTEE r APPROVE OTHER r . SIGNATURE(S): s ACTION OF BOARD ON APPROVED AS RECOMMENDED VOTE OF SUPERVISORS UNANIMOUS(ABSENT + } AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: Barton J.Gilbert(313-7100) cc: Orig.: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Administration AND CORRECT COPY OF AN ACTION TAKEN Fleet Management AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. Risk Management(via GSD) ATTESTED '. rT �� P IL BATCHELOR, K OFT E BOARD OF SUFE RVISORS AND OUNTY ADMINISTRATOR f BY DEPUTY G:tAdminW.tzSchDistCCCFue6Ag;mtBo.doc M382(30/88) MARTINEZ UNIFIED SCHOOL DISTRICT Office of the Superintendent AGREEMENT FOR USE OF FUELING BETWEEN MARTINEZ UNIFIED SCHOOL DISTRICT AND CONTRA COSTA COUNTY THIS AGREEMENT is made and entered into this 12th day Of.-November , 1998. by and between the MARTINEZ UNIFIED SCHOOL DISTRICT, Martinez, California, hereinafter called the"DISTRICT," and CON'T'RA COSTA COUNTY, Martinez, California, hereinafter called"COUNTY." WITNESSETH: AREAS, the DISTRICT desires to contract with COUNTY for use ofCOUNTY's fueling facility to fuel the DISTRICT's vehicles; and WHEREAS, COUNTY is willing to contract with the DISTRICT to provide such fueling services, and NOW, THEREFORE, in consideration of the mutual promises, covenants, agreements and the faithful performance of the terms and conditions set forth herein, the parties hereto agree as follows: 1. It is expressly understood between the parties hereto that no employee/employer or agency relationship is intended, the relationship of COUNTY to the DISTRICT being that of an independent contractor. The DISTRICT nor COUNTY will not be required to make any payroll deductions or provide Workers' Compensation Insurance coverage or health benefits to the other party. 2. The term of this Agreement shall be through June 30, 1998. The initial not-to-exceed amounts are $10,000 for unleaded fuel and $500 for diesel fuel for a total agreement amount of$10,500. The DISTRICT will have an option upon written request to the COUNTY to renew and/or increase the amount of this Agreement for an additional year. 3. The DISTRICT will designate Mr. Dusty Myers, Coordinator of Maintenance and Operations, as the person to act at the DISTRICT's representative with respect to the Assignment to be performed under this Agreement. Such person will have complete authority to transmit instructions, receive information, and interpret and define the. DISTRICT's policies and decisions pertinent to the work. In the event the DISTRICT Pae 1 of 3 Pages 921 &sona Street,Martinez,Coflfornia 94553 Phone:510 313-0430 Fax:510 313-04]'6;510 2 9-3023 t - i wishes to make a change in the DISTRICT's representative, the DISTRICT will notify COUNTY of the change in writing. 4. It is agreed that the DISTRICT will pay to COUNTY the COUNTY's cost of fuel DIU a per gallon markup to cover the COUNTY's overhead costs. The overhead markup is: Diesel $03.26 per gallon and Unleaded $0.10 per gallon. Also, the DISTRICT will pay $2.00 each for each card issued, which will activate the COUNTY's fuel cardlock system. See attached for vehicle information for use in issuing the cards. Payment will be made by the DISTRICT within twenty(20) calendar days ager receipt of the monthly invoice from the COUNTY, which shall include the Agreement Number and a monthly print-out of fuel usage. 5. This writing constitutes the entire Agreement between the parties relative to the use of the COUNTY's fueling facilities and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Agreement. 6. Either party may terminate this Agreement. However, no such termination may be effected unless the other party is given: (1) not less than ten(10) calendar days' written notice(delivered by Certified Mail, return receipt requested) of the intent to terminate, and (2) an opportunity for consultation with the terminating party before termination. Upon termination the sole right and remedy of COUNTY shall be to receive payment for all amounts due and not previously paid to COUNTY for fueling services completed or in progress in accordance with the Agreement prior to such date of termination and for services thereafter completed at the request of the DISTRICT. 7. COUNTY shall indemnify, hold harmless and assume the defense of, in any actions at lacy or in equity, the DISTRICT, its officers, employees, agents, and elective and appointive boards,from all claims, losses, damage, including property damage, personal injury, including death, and liability of every bind, nature and description, arising out of or in any way connected with the negligent acts, errors or omissions, or the willful misconduct of COUNTY or any person directly or indirectly employed by, or acting as agent for, COUNTY, directly or indirectly related to the provision of any services provided hereunder,but not including the sole or active negligence, or the willful misconduct of the DISTRICT. 8. The DISTRICT will indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the COUNTY, its officers, employees, agents, and elective and appointive boards, from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, arising out of or in any way connected with the negligent acts, errors or omissions, or the willful misconduct of the DISTRICT or any person directly or indirectly employed by, or acting as agent for, the DISTRICT, directly or indirectly related to the provision of any services provided hereunder, but not including the sole or active negligence, or the willful misconduct of the COUNTY, Page 2 of 3 Pages 9. No alteration or variation of the terms of this Agreement shall be valid unless mace in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein will be binding on any of the parties hereto. 10. This Agreement shall be governed by the laws of the State of California. 11. If any term, covenant, condition, or prevision of this Agreement is found by a court of competent jurisdiction to be invalid,void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 12. Beth the DISTRICT and CO' LINTY do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute contracts for that party. IN WITNESS VVHERB(3P, the parties hereto have executed the Agreement in the day and year first above written. CONTRA COSTA COUNTY By. By: Name Printed: Name Printed: Title. 'Title: Date. Date: M. Al2.TINBZ UNIFIED SCHOOL DISTRICT By. By: { Scott Brown, Superintendent Richard Odegaard, BusinessManager Date: Date:-- /. -- Page 3 of 3 Pages