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HomeMy WebLinkAboutAgr 2002-03-08 (All Points Petroleum) TOWN OF TIBURON MEMORANDUM To: TONY IACOPI, SUPERINTENDENT OF PUBLIC WORKS From: TOWN CLERK CRANE IACOPI Subject: AGREEMENT FOR PETROLEUM SERVICES Date: Iv1arch 27, 2002 Enclosed for your files is a copy of the fully executed "Agreement for Petroleum Services" between the Town of Tiburon and All-Points Petroleum LLC. A copy has also been ~~~~~ / Diane Crane Iacopi Town Clerk Enclosure cc: Town Manager ./ /'J / .. . ~7/?: !. 1/ ,II . - . ;; l / _/__/7/"ll--.1- () "' I//~--~J / ~-".' I r I , ,4"- : (--- i------ - ~--------_.__.._.-- r ", ~ 1 ':nU~'L": j',' - '- u ' ,--, AGREEMENT FOR PETROLEUM SERVICES H~-C/ \ C,- ~',:'_;~-~~{~~~T THIS AGREEMENT, made and entered this ~ day of lV'\A.~ , 2002, by and between the TOWN OF TIBURON, a political subdivision of the State of Cali fomi a, hereinafter called "Town," and ALL-POINTS PETROLEUM, LLC, a California limited liability corporation, hereinafter referred to as "Supplier" RECITALS A. The Town desires to retain a qualified company to provide a strong, secure and reliable fuel source, during normal operations and during emergency response conditions. The desire products and services and the necessary qualifications are described in the letters from Supplier to Town dated September 26, 2001 and August 8, 2001, attached in Exhibits A and B. Supplier is fully qualified and possesses all necessary licenses and credentials. B. The parties wish to contract for the Supplier to provide the Products and Services described in Exhibits A and B as set forth herein. AGREEMENT 1. Scope of Supplier Services. Supplier shall provide those Products and Services described in Exhibits A and B upon request by authorized Town personnel. 2. Compensation. Supplier shall submit invoices for Products and Services requested by the Town after delivery. All invoices shall be paid within 30 days of submission to the Town. 3. Standard of Work: Indemnity. Supplier shall deliver the Products and Services in a manner compliant with all applicable federal, state and local laws and regulations. Supplier shall indemnify, defend and hold Town harmless from and against fines, claims, liabilities, suits, loss, cost, expense and damages to the extent arising from Supplier's performance of this Agreement. o 4. Supplier as Independent Contractor. Supplier (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Supplier shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Supplier's records and accounts of expenditures and program activities at its own expense. Supplier shall furnish all items necessary in the Town's Fuel supply, All-Points Petroleum. doc 1 ORIGINAL discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 7. Insurance. Supplier shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies. A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. 8. Ownership of Documents. All plans, studies, documents and other writings prepared for and by Supplier, its officers, employees and agents and subcontractors in the course of performing this Agreement shall be the property of Town and Town shall have the sole right to use such materials in its discretion without further compensation to Company or to any other party. Supplier shall, upon request, provide such materials to Town. 9. Stop Work Order. Town may at any time, by written notice to Supplier ("Stop Work Order"), require Supplier to stop or suspend performance of this Agreement, in whole or in part, for a period of up to ninety days after such notice is delivered to Supplier. Upon receipt of the Stop Work Order, Supplier shall immediately comply therewith and cease delivery of the Products and Services covered by the Stop Work Order during the period of stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 11. Supplier shall resume deliveries upon the cancellation of the Stop Work Order. 10. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Supplier may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Supplier may suspend deliveries of the Products after giving Town 10 days notice of its intent to do so. 11. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within ten (10) days written notice to the other party. 12. Discrimination. In the performance of the terms of this Agreement, Supplier shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. Fuel supply, All-Points Petroleum. doc 2 13. Miscellaneous. A. Other Contract Provisions. Other contract provisions are set forth in Exhibits A and B. To the extent that there are any inconsistencies with such Exhibits and the other portions of this Agreement, the latter shall prevail. B. Governing Law. The laws of the State of California shall govern this Agreement. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. 14. Exhibits. This Agreement includes the following Exhibit(s), which are attached hereto and incorporated herein by reference: Exhibit A: Exhibit B: Letter from Supplier dated September 26, 2001. Letter from Supplier dated August 8, 2001. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. SUPPLIER TOWN \2-'~_ All-Points Petroleum, LLC By: Ro.J \'^''-?s.~ Its: ~Q6-S \~6~ APPROVED AS TO FORM: Fuel supply, All-Points Petroleum. doc 3 All-Points Petroleum~ LLC Petroleum Products and Equipment P.D Box 278 Benicia, G4 94510 707-975-6931 Fax: 707-745-1188 WWL-V-allpointspetroleum.com September 26,2001 Tony Iacopi, Superintendent of Public Works Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Fuel Supply Agreement and Statement of Understanding Mr. Iacopi: This letter serves to confrrm our commitment to the Town of Tiburon for establishing a strong, secure, and reliable fuel source during normal operations and during emergency response conditions. We have committed the resources and the communications required to service municipalities such as yours. Our supply agreement is applicable to but not necessarily limited to diesel fuel #2, unleaded gasoline, kerosene, and oils. The terms of this agreement are based on an annual basis, and can be terminated at any time by the Town of Tiburon. Our statement of understanding is as follows: 1. All-Points Petroleum will be entrusted to a key to the gate at the corporation yard. We will be responsible for the control of the key. 2. We will close and lock the gates when we have completed our delivery at the corporation yard. 3. Normal fuel deliveries will take place during regular business hours. Arrangement will be made for deliveries outside normal business hours. 4. Keep-full services will be provided on all petroleum products served by All-Points Petroleum. 5. After hours or emergency response telephone numbers will be provided to key Town of Tiburon personnel. 6. All deliveries will be made in strict adherence to all regulatory agency guidelines such as Bay Area Air Quality Management District, Marin County Weights & Measures, and the State of California. 7. Any additional requirements agreed to by both parties to this agreement 8. A statement of qualifications is included with this agreement. Respectfully submitted, Sd-~ Ron Myska, President - General Manager AlI- Points Petroleu~ LLC EXHIBIT NO.~ All-Points Petroleum, LLC Petroleum Products and Equipment PO Box 278 Benicia, G4 94510 707-975-6931 Fax: 707-745-1188 www:allpointspetroleum.com August 8, 2001 Tony Iacopi, Superintendent of Public Works Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Statement of Qualifications Dear Mr. Iacopi: Thank you for allowing All-Points Petroleum the opportunity to service your petroleum needs. As required I am submitting our statement of qualifications and our 24-hour a day emergency response information All-Points Petroleum is owned and managed by Ron Myska. Mr. Myska has been in the petroleum distribution and marketing field for 22 years. The company completed its transition from a sole proprietor to an LLC at the end of2000. Our corporate office is located in Benicia, California and we serve the greater bay area. We are a full service petroleum products and equipment company supplying petroleum products and a complete line of fuel and oil equipment. In addition we service equipment on site and have on-call service vendors that assist us in assuring prompt reliable service. Our supply points for fuels are established throughout the bay area, San Jose and, Sacramento utilizing all the major and independent refiners supplying our market. Supply contracts are available and emergency wet-hosing our specialty. Our primary focus of business is governmental agencies, industrial, and commercial business. We also network with emergency response companies, such as temporary generator vendors and equipment rental companies to assist in coordinated efforts. We maintain keepfull services and have on board tracking systems on our tank truck vehicles for maximum accountability and security in our investment and your business. We are fully licensed by the State of California, the California Highway Patrol, and established with all tax agencies. A Certificate of Insurance is available upon request and references are freely given. Our emergency response procedures are designed specifically to fit your requirements. All our operations personnel are issued NEXTEL radiophones, and voice mail service. All key personnel have individual telephone numbers and a service manager is assigned to your needs. EXHIBIT No.A All-Points Petroleum, LLC Petroleum Products and Equipment PO Box 278 Benicia, G4 94510 707-975-6931 Fax 707-745-1188 www.allpointspetroleum.com Your service manager is Michael Thompson. His direct number is 707-975-6931. My direct number is 707-975-6930. Our operations manager is Roger Henderson. His number is 707-975-6932 We are currently developing a website system to allow you to view all your account transactions and to assist you in receiving the best and expedient service you require. Sincerely, S2-~ Ron Myska, President - General Manager All-Points Petroleum, LLC