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Home My WebLink AboutMINUTES - 06281994 - 1.71 TO: BOARD OF SUPERVISORS Contra FROM: Barton J. Gilbert, Director of General Service Costa x _ County DATE: June 28 1994 `r sr- SUBJECT: AGREEMENT WITH THE CENTRAL CONTRA COSTA SANITARY DISTRICT ALLOWING THE PURCHASE OF FUEL SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECOMMENDATION: APPROVE and AUTHORIZE the County Purchasing Agent to EXECUTE, on behalf of Contra Costa County, an agreement with the Central Contra Costa Sanitary District to undertake the services specified in the subject proposed agreement for the purchase of fuel and utilization of the County's fueling station. II . BACKGROUND: The Central Contra Costa Sanitary District has requested permission to purchase fuel from County facilities . III . FINANCIAL IMPACT: The Central Contra Costa Sanitary 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 fuel . There is no net cost to the County and this action may reduce fuel. costs for the Central Contra Costa Sanitary District, as well as the County. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE �L UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD .ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Barton J. Gilbert ( 313-7100) cc:K. Brown, General Services Dept. ATTESTED T. Mann, G.S. Accounting PHIL ATCHELOR,CLERK 8F THE BOARD OF A. Barba, Fleet Management SUPERVISORS AND COUNTY ADMINISTRATOR S. VanSlyke, Risk Mgmt. -Liability BY Oji r4�2C / DEPUTY M382 (10/88) Orig: General Services-Admin. Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, California 94553-4392 (510) i 676-7211 ROGER J.DOL-LV Generfli Nanaocr AGREEMENT FOR USE OF FUELING SERVICES chief Engineer BETWEEN rcE:vrON L.-ILII Counsel for the District CENTRAL CONTRA COSTA SANITARY DISTRICT (5 10)AM-1'i0 AND JOYCE E.r xnrrfn Secrelarg of the District CONTRA COSTA COUNTY AGREEMENT NO. 000487 THIS AGREEMENT is made and entered into this day of 1994, by and between the CENTRAL CONTRA COSTA SANITARY DISTRICT, Martinez, California, hereinafter called the "DISTRICT", and CONTRA COSTA COUNTY, Martinez, California, hereinafter called "COUNTY". WITNESSETH: WHEREAS, the DISTRICT desires to contract with COUNTY for use of COUNTY'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, 1995. The initial not-to- exceed amounts are $15,000 for unleaded fuel and $3,000 for diesel fuel for a total agreement amount of $18,000. 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. 617194 Agreement CCCICCCSD Page 1 of 4 Pages ®Recycled Paper Will 3. The DISTRICT will designate Mr. Ba Than, Associate Engineer, as the person to act as 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 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 plus a per gallon markup to cover the COUNTY's overhead costs. The overhead markup is: Diesel $0.31 per gallon and Unleaded $0.11 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 after 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. Upon its termination nothing herein would prevent the County or the District from enjoying or being subject to the provisions of paragraphs 7. or 8. as applicable to events or actions occurring prior to the termination of this Agreement. 7. COUNTY shall indemnify, hold harmless and assume the defense of, in any actions at law 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 kind, 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 sn/sa AgreementcccicccsD Page 2 of 4 Pages of any services provided hereunder, but not including the sole or active negligence, or the willful misconduct of the DISTRICT. The District will make good to replace or repair any direct damages to the County's property. 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. 9. No alteration or variation of the terms of this Agreement shall be valid unless made 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 provision 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. Both the DISTRICT and COUNTY 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 WHEREOF, the parties hereto have executed the Agreement in the day and year first above written. CONTRA COSTA COUNTY By: Name Printed: Title: Date: 6/7/94 Agreement CCC/CCCSD Page 3 of 4 Pages By: Name Printed: Title: Date: CENTRAL CONTRA COSTA SANITARY DISTRICT By: -�- Ken F. Laverty, C.P.M. Purchasing and Materials Officer Date: 5;,., zz'� By: Roger Doli Genera Man/ger-Chief Engineer Date: �� — Z!9 L- 6/7/94 Agreement cccicccso Page 4 of 4 Pages MARTINEZ VEHICLE LIST VEH. NO. ASSIGNED TO 28 POD - Bldg. & Grounds 32 POD - Mechanical Shop 35 POD - Plant Supervisor 45 POD - Plant Supervisor 47 POD - Boom Truck 48 POD - Machine Shop 55 POD - Dump Truck 70 POD - Operations 71 POD - Bldg. & Grounds 86 POD - Bldg. & Grounds 126 POD - Electrical 150 POD - Lab 158 POD - Chuck Batts 102 PUMP STATIONS 116 PUMP STATIONS 125 PUMP STATIONS 143 PUMP STATIONS 153 PUMP STATIONS 154 PUMP STATIONS 75 ADMIN - POOL 76 ADMIN - POOL 85 ADMIN - POOL 91 ADMIN - POOL 112 ADMIN - POOL 122 ADMIN - POOL 123 ADMIN - POOL 145 ADMIN - POOL 148 ADMIN - POOL 92 ADMIN ASSIGNED - BOB ROBERTSON 98 ADMIN ASSIGNED - ROGER DOLAN 1 1 1 ADMIN ASSIGNED - JOYCE MURPHY 149 ADMIN ASSIGNED - PAUL MORSEN 166 ADMIN ASSIGNED - BOB BAKER - 78 ADMIN ASSIGNED - SECURITY GUARD 141 ADMIN ASSIGNED - MCB TRUCK VEH. NO. ASSIGNED TO 89 ENG./CSO INSPECTOR - Gerry Winters 105 ENG./CSO INSPECTOR - Bob Dragon 127 ENG./CSO INSPECTOR - Don Cast 131 ENG./CSO INSPECTOR - Glen Descans 162 ENG./CSO INSPECTOR - Kim Best 94 POD INSPECTOR - Bob Collins 101 POD INSPECTOR - Wayne Griffith 117 SURVEY - Liz Charlton 129 SURVEY - Crew 6 SOURCE CONTROL 136 SOURCE CONTROL 147 SOURCE CONTROL 159 SOURCE CONTROL - Kurt Darner 88 OTHER ENGR. UNITS - Doug Neufeld 104 OTHER ENGR. UNITS - Tom Trice 114 OTHER ENGR. UNITS - Jay McCoy 115 OTHER ENGR. UNITS - Chris Kilgore 144 OTHER ENGR. UNITS - Henry Thom