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Home My WebLink AboutCC RESO 92-124RESOLUTION NO. 9 2 - 1 2 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT ALLOWING THE SCHOOL DISTRICT TO RE -FUEL AT THE CITY OF NATIONAL CITY FUEL PUMPS WHEREAS, the National School District wishes to re -fuel its vehicles at the City of National City fuel pumps, for an interim period, while its own facilities are being repaired or replaced; and WHEREAS, the City wishes to accommodate this request under the terms and conditions of an Agreement wherein the National School District pays for the replacement cost of fuel it pumps at the City's fuel pumps. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of National City authorizes the Mayor to execute on behalf of the City an Agreement with National School District permitting this use of City facilities. PASSED and ADOPTED this 23rd day of June, 1992. George H. Waters, Mayor ATTEST: O-U, _AAA \-t, Puvu Lori Anne Peoples City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT ALLOWING NATIONAL SCHOOL DISTRICT VEHICLES TO RE -FUEL AT THE CITY OF NATIONAL CITY FUEL PUMPS This agreement is made and entered into in the City of National City, State of California, this 23rd day of June, 1992, by and between the City of National City, hereinafter referred to as "CITY" and the National School District, hereinafter referred to as "SCHOOL DISTRICT." WHEREAS, the SCHOOL DISTRICT wishes to re -fuel its vehicles at the CITY's fuel pumps for an interim period while its own facilities are being repaired or replaced, and WHEREAS, the CITY wishes to accommodate this request under conditions contained in the following agreement, NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the adequacy of which is hereby acknowl- edged, the parties agree as follows: 1. TERM: The term of this agreement will be from the effective date appearing above until the SCHOOL DISTRICT advises the CITY in writing that they no longer require the use of the CITY's fuel pumps, or ninety (90) days, whichever comes first. This agreement may be extended by mutual express accord signed by the Director of Public Works for the CITY and by the District Superintendent for the SCHOOL DISTRICT for an additional ninety (90) days if executed no later than thirty (30) days before it expires. This Agreement may be terminated by either party upon thirty (30) days written notice. 2. SCOPE: A. RE -FUELING: The SCHOOL DISTRICT will be allowed to re -fuel its vehicles at the CITY's fuel pumps located at: 2100 Hoover Avenue National City, CA 91950 * RESOLUT ION NO. 92-124 June 23, 1992 Page 2 B. HOURS: The SCHOOL DISTRICT will be allowed access anytime without appointment during regular working hours, to wit 0730 to 1600, Monday through Friday, excluding official holidays whereupon the CITY's Civic Center is closed, to wit: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas Day. C. EQUIPMENT AND PERSONNEL AUTHORIZED: The SCHOOL DISTRICT will provide within ten (10) days of the effective date of this agreement and will keep current, a list of vehicles and equipment authorized to use the CITY's fuel pump island, as well as a list of the names of SCHOOL DISTRICT employees authorized to obtain fuel hereunder. D. ACCOUNTING OF FUEL CONSUMPTION: Authorized SCHOOL DISTRICT employees will complete and sign specially designated logs, which will be kept and maintained at the pump island. Immediately after re -fueling, the SCHOOL DISTRICT employees will complete the logs in full, including date, time, vehicle identification, employee identification and amount of fuel pumped. The CITY will review the logs daily, input the information into the CITY's computer for purposes of billing, and reconcile the gallonage logged with the fuel remaining within the CITY's tanks. E. BILLING: The CITY will bill the SCHOOL DISTRICT based on the CITY's regular need to replenish its reservoir, said billing to reflect the total replacement cost to the CITY for the fuel pumped by the SCHOOL DISTRICT. The billing will also reflect the total number of gallons pumped by the SCHOOL DISTRICT during the billing period, rounded to the next highest gallon. The total charge to the SCHOOL DISTRICT will be the replacement cost of the fuel. No surcharge, fees, overhead nor handling costs, are contemplated by either party. The billing invoice shall be mailed to: Attn: Ken Clark National School District 1500 N. Avenue National City, CA 91950 June 23, 1992 Page 3 F. RECORDS MAINTENANCE: Copies of all logs completed by SCHOOL DISTRICT employees, as well as the CITY's fuel replacement orders, will be kept and maintained by the CITY, by chronological date, and will be made available for inspection as necessary. G. PAYMENT: The billing invoice is due and payable upon receipt. The SCHOOL DISTRICT will make payment no later than thirty (30) days of receipt of the billing invoice to: Finance Department City of National City 1243 National City Boulevard National City, CA 91950. Failure to make timely payment will result in interest in the amount of ten percent (10%) per annum to be assessed, and will constitute cause to suspend the SCHOOL DISTRICT's use of the CITY's fuel pumps forthwith until full payment is received. H. HOLD HARMLESS: The SCHOOL DISTRICT agrees to indemnify and hold harmless, and at its own risk, cost and expense, defend the CITY, its officers, agents and employees from and against any and all liability expense, including defense costs, legal fees, and claims for damages, arising from the SCHOOL DISTRICT use of CITY fuel pumps. I. INSURANCE The SCHOOL DISTRICT, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: June 23, 1992 Page 4 (1) Automobile insurance covering all bodily injury and property liability incurred during the performance of this agreement, with a minimum coverage of $1,000,000 combined single limit per accident. (2) Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limits per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. (3) Workers' Compensation insurance covering all of its employ- ees and volunteers. (4) The aforesaid policies, except for the workers' compensation policy, shall name CITY and its officers, agents, and employ- ees as additional insured, and shall constitute primary insurance as to CITY, its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss arising from the SCHOOL DISTRICT use of CITY fuel pump under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancella- tion or material change. (5) The SCHOOL DISTRICT shall not begin to re -fuel at the CITY's pumps until certificate or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the City Risk Manager. If the SCHOOL DISTRICT does not keep all of such insurance policies in full force and effect at all times during the term of this agreement, CITY may terminate the agreement as provided herein. J. VALIDITY: The invalidity in whole or part, of any provisions of this agreement shall not affect the validity of any other provisions hereof. June 23, 1992 Page 5 K. COMPLETE AGREEMENT: This Agreement contains the complete and entire Agreement between the parties and supersedes any previous communications, representations, or agreements, whether verbal or written, with respect to this subject matter. No change, addition or modification of any of the terms or conditions of this Agreement shall be valid or binding on the parties, unless in writing, and signed by the parties. L. COMPLIANCE WITH STATE AND FEDERAL LAW AND WITH CITY ORDINANCES AND REGULATIONS: During the term of this Agreement, SCHOOL DISTRICT and its employees shall at all times comply with all provisions of State and Federal law and with all CITY ordinances and regulations. M. ASSIGNMENT Neither the SCHOOL DISTRICT nor the CITY may assign or transfer this Agreement, or any part thereof, without the written consent of the other party. N. NOTICES Notices and communication concerning this Agreement shall be sent to the following addresses: SCHOOL DISTRICT Attn: George J. Cameron, Ph.D. District Superintendent National School District 1500 N. Avenue National City, CA 91950 CITY Attn: Curtis Williams, Director Department of Public Works City of National City 2100 Hoover Avenue National City, CA 91950 June 23, 1992 Page 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or representatives, as of the day and year first written above. NATIONAL SCHOOL DISTRICT CITY OF NATIONAL CITY By: By: .'o .a- , /4— c� George H. Waters, Mayor Approved as to Form: A / V G� Linda Kaye Harter Assistant City Attorney