County of Santa Clara
Office of the County Executive
Procurement Department
130 West Tasman Drive
San Jose, CA 95134
Telephone 408-491-7400
Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: James R. Williams
SECOND AMENDMENT TO AGREEMENT # CW2239583
BY AND BETWEEN THE COUNTY OF SANTA CLARA AND
WESTERN STATES OIL COMPANY
This is the Second Amendment to the Agreement between the County of Santa Clara (“County”) and Western States Oil Company (“Contractor”) entered into on January 12, 2021 to provide Ultra-Low Sulfur Diesel and Renewable Diesel 4001 to 6000 Gallons and Big Tanks to the County.
This Agreement is amended as follows effective September 15, 2023:
1. Key Provision, AGREEMENT TERM, on page # 1 is hereby revised to read as follows:
This Agreement commences on January 12, 2021 and expires on January 11, 2025, with one (1) one-year option to extend the term which may be exercised in the County’s sole and absolute discretion (subject to the termination provisions set forth below).
2. Key Provision, AUTHORIZED USERS, on page # 1 is hereby revised to read as follows:
1. Facilities and Fleet (FAF)
2265 Junction Ave
San Jose, CA 95131
2. Parks and Recreation Department (PRK)
298 Garden Hill Dr
Lost Gatos, CA 95032
3. County of Santa Clara Health System (CSCHS):
a) Santa Clara Valley Medical Center
751 South Bascom Ave
San Jose, CA 95128
b) O’ Connor Hospital
2105 Forest Ave
San Jose, CA 95128
Second Amendment to Agreement # CW2239583
By and Between the County of Santa Clara and
Western States Oil Company
2 c) St. Louise Regional Hospial
9400 No Name Uno
Gilroy, CA 95020
d) De Paul Health Center
18550 Depaul Dr #109
Morgan Hill, CA 95037
3. Key Provision, COUNTY CONTRACT ADMINISTRATORS, on page #2 is hereby revised to read as follows:
Samuel Hirsch, Procurement Contracts Specialist
(408) 491-7485; [email protected]
Ralph Murrieta, Buyer I
(408) 491-7489; [email protected]
4. Add the following provision to EXHIBIT A, “COUNTY OF SANTA CLARA STANDARD TERMS AND CONDITIONS,” as follows:
68. COVID-19 REQUIREMENTS (IF APPLICABLE)
Contractor shall comply with all County requirements relating to COVID-19 for persons who routinely perform services for the County onsite and share airspace with or proximity to other people at a County facility as part of their services for the County, including but not limited to vaccination, as applicable and periodically updated, and available at
https://procurement.sccgov.org/doing-business-county/contractor- vaccinations and incorporated herein by this reference. If applicable, Contractor shall complete the Contractor Certification of Compliance with COVID-19 Vaccine Requirements (“Certification”), attached hereto as Exhibit F. Contractor shall comply with the requirements of this Section for the entire term of this Agreement.
Contractor shall comply with all reasonable requests by County for documentation demonstrating Contractor’s compliance with this Section.
Failure by Contractor to comply with any of the requirements of this Section (including but not limited to vaccination and masking requirements and completion and submittal of the Certification) is a material breach of this Agreement, and the County may, in its sole discretion terminate this Agreement immediately or take other action as the County may determine to be appropriate.
5. Add EXHIBIT F, “CONTRACTOR CERTIFICATION OF COMPLIANCE WITH COVID-19 VACCINE REQUIREMENTS”, attached hereto and incorporated herein by this reference.
Second Amendment to Agreement # CW2239583
By and Between the County of Santa Clara and
Western States Oil Company
3 All other terms and conditions of the Agreement remain in full force and effect. In the event of a conflict between the original Agreement and this Amendment, this Amendment controls.
Prepared by Lisa Plascencia Buyer II at (408) 491-7439 or [email protected].
The Agreement as amended constitutes the entire agreement of the parties concerning the subject matter herein and supersedes all prior oral and written agreements, representations and understandings concerning such subject matter.
By signing below, signatory warrants and represents that he/she executed this Amendment in his/her authorized capacity, that he/she has the authority to bind the entity listed below to contractual obligations and that by his/her signature on this Amendment, the entity on behalf of which he/she acted, executed this Amendment.
COUNTY OF SANTA CLARA CONTRACTOR
___________________________________ By: _____________________ Matthew Hada Date
Director of Procurement
Print: _____________________
APPROVED AS TO FORM AND LEGALITY
Title: _____________________
___________________________________
Robert Nakamae Date Date: _____________________
Deputy County Counsel
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r-:- DocuSigned by:
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Second Amendment to Agreement # CW2239583
By and Between the County of Santa Clara and
Western States Oil Company
4 EXHIBIT F
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Q)ITR.\.CTOR, ERTIFI ATIO~ OF CO~IPLIA: CE WITH
CO\ID -19· VACCil\"E REQl,"1R£lIE~'T
(\"erasion Erie tive eptembe1· 2 2022)
ontn,c tot· Inf ormntio:n:
, ootractor name: l .ame of Contract epres:entati ·e:
, ontrac or phone munber: ootrnc or email ddress:
Conb ·artoil: Cemiific:itiou. On behalf of Contraotor, I hereb · cenify that:
1. Colltmctoc bas re\"ie\ved aind is m complian.ce l<vith all cw:rent Coun cequirements regarding OVID-19 vaccination applka'ble to oo tractor pe, ooe • 1 -orlcing at otanity fadliti-e • induding b t not limited to the requirements in the County memorandum reganii.ng COVID- 19 ·•~ccine Requittment fo. County P,monnei 'County ac~ine Policy') . fhe County's memorandum regarding Application of O rJD...· ,9, aocination Requirement to County Conmactors., Intents and · ohm~ - . alll C'lU!Ten.t' tate and County Hi!alth Officer orders, and an other County requir,ements:. Th memoranda and current oun • • pol.ici ar aoce sible at <https://proc11rement.sccgcw .org/doing-bus:inrssseountvk ontrador -vaccinatfons>.
Conttac:tor wderst.."Ui.d.s diat i is :re po.nsib]e for revie~ and inamtainmg cowp liimce ,vi.th Ml. subsequent: rt>vision,i; or ru:nendment to tate and County ,orde: • and rtttnir~ment r,egarding OVID-19.
2. As of the date signed belo~ r:
a. Oilittactor understands that i must confum. and ha confirm " tha.t all of oo:atrnc ·or personnel (mduding any suhcontractor personnel) .,_,,.ho mutine 1 perform e:f\ .• ces for the County oosit and share ai • pa.ce • • th o:r proximity to other people at aa indoo CoWity facility a part of dleir ervioes for the Coun··. 1 are:
1.. Fullty \ accinated against COVID-19 as de:fuied .m.d £equired in the ounty cdne Poli:c ;· ..;.:,:
• - ·,· bli ' edmtheCow:f •'~~fem · · ·dmn&eg.udmgApph •tio.o.ofOOVID-HI' -ccillationReqwcement o,Comli Cmmact ., Interns, d ohm.tens, conmcto. pttfonning woik at do~d oonstmction s:ite5 .are not ttqwted to camply with the un ,' vaccwatio1:1 ffl.l,uiremm wt mmt 1compl with II. appli ble federal. ~ate, 11111.d ocal public health laws, iacludillg b\itt oo~ limitied to my v.accin3ti ~ testmg, ~ d· masliti: ffiJU:ifemeu . ~ Co .· ~W"lmen , iife' requited b) la to imp em.et1t • • $ e-. ~ ~ . •. C tdulg O S lilat ,are ' OR restrictii.•e ·thao the County's m.temal policies. As ofthe date of this policy the C.ili:fomia Department of Pub ·c Health. (CDPH) ireqmm: fllat \\ro::1:ffl m health care facititie;s, -s veU - ~ - ed ·-rai\:en m custodial WtiJJa obtain a COVJD- 19 boosttt . . Tht • contractor penonnel subject to this CDiPH boo in requifewent a:r~ expecred to oompi,y umh it, in ddi1ion to the • U111 • s pol.i . Tue exemption. p~ in Secho:11 afthe County . a.ccioe :Policy sh311. appl. •• • • an reqi: . 1:s for enm,tiim from ilit . t.a.tr boosttc ~m.
Second Amendment to Agreement # CW2239583
By and Between the County of Santa Clara and
Western States Oil Company
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u. Have a legally sufficient and approved medical . disability . or religious exemption from vaccination that bas been granted by contracto r. b. Contractor has verified and will continue to verify the vaccination stanis of all staff working on site at any County facility. and has obtained proof of vaccination from its staff in a Conn consistent with the California Department of Public Health 's Vaccine Records Guidelines and Standards .
3. If contractor seeks to send any persoll.llel who are not folly vaccinated to work indoors at any County facility becan~e the contractor has granted them an exemption, contractor shall notify the Cow1ty in wTiting by providing a list of any such personnel to tl1e COVID-19 Designee for the department that manages the facility where tl1e contractor persoll.llel ,viii be working at least 96 hours in advance of any such perso,u1el arriving onsite so that the departmem has snfficient time to determine whether it ,vill approve die contractor 's requests that its personnel work onsite and, if approved, can ensure that the contractor has complied ,vidi all applicable COVID - 19 safety reqnirements for unvaccinated individuals , including, where appliable , regular testing and die tise of a fit-tested N95 mask. 3 Notice mtist be separately provided to each department that manages a facility where contractor seeks to assign persollllel to work onsite .
4. If any of contractor · s persom1el are noncompliant with vaccination or testing requirement s, contractor will notify the County Department for which diey are providing sen--ices inllllediatel y and ,vill not pennit those persom1el to go onsite at a County facility ,vithout express written permission from the Collllty.
5. Contractor will comply witl1 all reasonable requests by the County for documentation demonstrating the contract .or's compliance witl1 tllis Certification.
I verify the truth and accuracy of the statements in tllis Certification under penalty of perjury wider the laws of tl1e State of California.
Name of authorized representati ve of
Contractor
Title
Date
1 If contractor sends p<tSO=I who aro not fully vaccinated, it is contractor's obligation to ensutt that it bas any nec•ssary authorization under the California Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56 et. seq., and under any other laws to share this information with the County.