1 FUEL PURCHASING AGREEMENT
BETWEEN THE REDONDO BEACH UNIFIED SCHOOL DISTRICT
AND THE CITY OF REDONDO BEACH
THIS FUEL PURCHASING AGREEMENT (this “Agreement”) is entered into between the Redondo Beach Unified School District ("RBUSD") and the City of Redondo Beach, chartered municipal corporation (“City”).
1. RBUSD may purchase unleaded diesel, and CNG for fueling its district vehicles at the City fueling station.
2. Contract Term: July 1, 2023 through June 30, 2026.
3. RBUSD shall pay for the City's net cost of the fuel used by RBUSD, including applicable taxes, plus an administrative fee of $0.34 per gallon.
The beginning price of fuel (gas, diesel and CNG ) drawn by RBUSD will be based upon the most recent net cost per gallon to the City, prior to RBUSD's first draw of fuel. Any time there is a change to the net price to the City, thereafter RBUSD's price will change from the date of the invoice and delivery from the fuel company to the City. Payment shall be made within thirty (30) days of invoice by forwarding a check to the City Public Works Department.
4. RBUSD shall comply with all applicable state, federal, and local laws, rules and regulations, and lawful orders of City officials in connection with fueling of the RBUSD vehicles at the City fueling station.
5. RBUSD shall provide City with a listing of all vehicles that will be fueled at the City fueling station during the term of this Agreement. Any proposed modifications to the vehicle list must be approved by the City prior to fueling of such vehicles.
6. City will issue RBUSD fuel cardkey access cards at a cost of $8.00 each. All lost cards will be reissued at a cost of $10.00 each.
7. This Agreement may be terminated by either party upon thirty (30) days written notice to the addresses as shown below:
City of Redondo Beach
Public Works Department
531 North Gertruda Avenue
Redondo Beach, California 90277
Attention: Rob Osborne
Redondo Beach Unified School District
1401 Inglewood Avenue
Redondo Beach, California 90278
Attention: Dr. Annette Alpern, Deputy Superintendent
2 8. RBUSD shall defend, indemnify and hold harmless the City, including its officers, employees, elected and appointed officials, and volunteers from and against any and all claims, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including, without limitation, costs and fees of attorneys and expert witnesses) judgments, penalties, and liens of every nature arising out of this Agreement, except to the extent that such loss or damage was caused by the sole negligence or willful misconduct of the City.
9. Any dispute or controversy arising under this Agreement shall be submitted to final and binding arbitration. In the event of arbitration, the parties shall mutually agree on an arbitrator; provided, however, that if the parties cannot so agree, each party shall select an arbitrator, both of whom shall agree on a third arbitrator to decide the dispute in accordance with Cal. Civ.
Code Section 1281, et seq.
10.City warrants and represents that upon City Council approval, the Mayor of the City is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of RBUSD warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of RBUSD, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of RBUSD.
SIGNATURES FOLLOW ON NEXT PAGE
3 IN WITNESS WHEREOF, the parties have entered into this Agreement as of this 6th day of June, 2023.
REDONDO BEACH UNIFIED SCHOOL CITY OF REDONDO BEACH,
DISTRICT a chartered municipal corporation
__________________________ ___________________________
Dr. Nicole Wesley William C. Brand, Mayor
Superintendent of Schools
ATTEST: ATTEST:
_____________________________ _____________________________ Dr. Annette Alpern, Eleanor Manzano, City Clerk
Deputy Superintendent
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _____________________________ Joseph Larsen, Counsel for RBUSD Michael W. Webb, City Attorney APPROVED:
_____________________________
Diane Strickfaden, Risk Manager