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Bretthauer Oil Company - C130007 III ■ w TIGARD City of Tigard November 8, 2016 Bretthauer Oil Company Attn: Eileen Dolan PO BOX 1299 Hillsboro OR 97123 REF.: City of Tigard Fuel Delivery&Card Lock Services–Captive Foreign Sites Period:July 1, 2016 through June 30,2017 CONTRACT NOTICE OF AWARD –RENEWAL Contract#130007 Dear Ms. Dolan The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its fourth (4) one-year extension to the Contract effective from July 1, 2016 through June 30, 2017. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Bretthauer Oil Company. Sincerely, It 4— Jamie Greenberg Purchasing Assistant 503-718-2492 jamie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements,terms,and conditions as set forth in the above referenced Contract. Company: .,fha /9---(7X 66_ eG Signed: h/%.„ /x, Date: /(/O ; d/ ,...20/b Printed: /7L–Z- -4.0i 7 ,c'_ -77-t-feriA-/��e-./D�;t.�— IN II • . 'T IGARD April 4, 2015 City of Tigard Bretthauer Oil Company Attn: Eileen Dolan, Vice President PO Box 1299 Hillsboro, OR 97123 REF.: City of Tigard Fuel Delivery & Card Lock Services-Captive Foreign Sites Contract Period: June 30, 2015 through July 1, 2016 CONTRACT NOTICE OF AWARD - RENEWAL Dear Ms. Dolan: The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its third (3rd) one-year extension to the Contract effective from June 30, 2015 through July 1, 2016. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Bretthauer Oil Company in the next year. Sincerely, ,e fr7 Kevin M. Cole City of Tigard Fleet and Facilities Supervisor Office 503.718.2588 Cell 503.327.5471 I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. Company: --ii- . - �/L C Signed:? /iiizle d'e&3i1� Date: - g/L /7 2 GAS-_.., Printed: 'la/S' '."5-4---47S-61.1._../ 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • . 11 TIGARD City of Tigard May 7, 2014 Bretthauer Oil Company Attn: Eileen Dolan, Vice President PO Box 1299 Hillsboro, OR 97123 REF.: City of Tigard Fuel Delivery & Card-Lock Services-Captive Foreign Sites Contract Period:June 30, 2014 through July 1, 2015 CONTRACT NOTICE OF AWARD - RENEWAL Dear Ms. Dolan: The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its second (2nd) one-year extension to the Contract effective from June 30, 2014 through July 1, 2015. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Bretthauer Oil Company in the next year. Sincerely, fL I Mic elle Wright Business Manager 503-718-2445 MichelleW @tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. Company: 077#1-We 66 ei0• Signed• ��:,.�., // Date: // 2 0°// Printed: /16L0. d 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov i a TIGARD May 7, 2013 City of Tigard Bretthauer Oil Company Attn: Eileen Dolan,Vice President PO Box 1299 Hillsboro, OR 97123 REF.: City of Tigard Fuel Delivery& Card-Lock Services-Captive Foreign Sites Contract Period:June 30, 2013 through July 1,2014 CONTRACT NOTICE OF AWARD - RENEWAL Dear Ms. Dolan: The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its first (1st) one-year extension to the Contract effective from June 30, 2013 through July 1, 2014. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Bretthauer Oil Company in the next year. Sincerely, /1 eACIgg bd-LIS44 ___ Michelle Wright Business Manager 503-718-2445 M.chelleW @ tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the .bove referenced Contract. Company: lM rex' e . ael. Signed: / . . . .< ,fie/ Date: ' � / Printed: At V/fif- M 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Contract Boob ) CITY OF TIGARD, OREGON PURCHASE AGREEMENT FOR FUEL AND RELATED SERVICES THIS AGREEMENT made and entered into this 1st day of July, 2012 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City,and Bretthauer Oil Company, hereinafter called Seller,collectively hereinafter called the"Parties." RECITALS WHEREAS, Seller has submitted a bid or proposal to City for the sale of certain goods; and WHEREAS, Seller is in the business of selling certain goods and is aware of the purposes for which City will use the goods;and WHEREAS, City and Seller wish to enter into a contract under which City shall purchase the goods described in Seller's bid or proposal; THEREFORE,The Parties agree as follows: 1. GOODS TO BE PROVIDED City shall purchase gasoline and diesel fuels from Seller in accordance with: A. The specifications (including any addenda) attached hereto as Exhibit A and incorporated herein by this reference; B. The Seller's proposal dated May 17, 2012,which was accepted by the Contract Review Board on June 26, 2012 attached hereto as Exhibit B and incorporated by this reference; and C. The City's Standard Terms and Conditions attached hereto as Exhibit C and incorporated by this reference. 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution by the City's Local Contract Review Board and shall expire, unless otherwise terminated or extended, on June 30, 2013, whichever comes first. All goods under this Agreement shall be delivered and completed prior to the expiration of this Agreement. The City and Contractor may mutually agree to renew this Agreement for up to four (4) additional one (1)year periods. The total tenu of this Agreement shall not exceed five (5)years. 3. COMPENSATION A. City hereby agrees to pay Seller in accordance with the pricing detailed in Exhibit B for the fuel shipping and handling. The total purchase price shall be considered payment for all Sellers' obligations described in this agreement. Seller shall invoice City the purchase price upon the delivery of the goods. City shall have thirty (30) days after receipt of invoice in which to make payment. Seller shall be responsible for the payment of all taxes associated with the sale of the goods. City is exempt from the payment of Federal Excise Tax. The City anticipates the total amount paid to the contractor during the fiscal year shall not exceed Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00). B. Seller shall promptly advise City of all reasonably available technological advances that are known or become known to Seller while this agreement is in effect which may result in the goods having added value, capacity, or usefulness when used for City's purpose. If Seller intends to provide goods incorporating technological advances and still meeting the specifications and the City's needs at no additional charge, Seller shall provide City with days' notice of the proposed change. The City may require that only goods not incorporating the changes be supplied by providing written notice to seller within 5 days of receiving the notice of the proposed change. Any other changes incorporating technological advances shall only be approved as an amendment to this agreement. C. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the City's 2012-2013 fiscal year. Funding for future fiscal years shall be subject to the adoption of the budget by the Tigard City Council. 4. DELIVERY Seller shall deliver the in accordance with the Specifications and the Contractor's proposal. No language contained in a subsequent purchase order, work order, or delivery order shall vary, amend, modify, or add terms or conditions to this Agreement under which the order is placed. 5. INSTALLATION Unless the Specifications (Exhibit A) or the proposal (Exhibit B) require installation by Seller, the City shall install the goods purchased under this agreement. If Seller is to install any portion of the goods, including any delivery or reporting system, installation shall be completed no later than fourteen days (14) days after delivery. Any installation by Seller shall be in accordance with the provision of this agreement,including all Exhibits. 6. TESTING AND ACCEPTANCE Seller shall test the goods prior to delivery. Seller's tests shall determine whether the goods meet Seller's specifications and are fit for the purpose intended. Acceptance or rejection of the goods purchased shall occur 10 days after delivery and inspection by Buyer. Failure to inspect and accept or reject goods shall neither relieve Seller from responsibility for such goods, which do not meet the requirements in this Agreement nor impose liability on Buyer. 7. RISK OF LOSS Risk of loss to goods in shipment (including damage, destruction, theft, or loss) shall be borne by the Seller. Risk of loss shall not pass to Buyer until the goods are delivered to and checked in at the location specified by Buyer. 8. ASSIGNMENT/DELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 9. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery, mail or fax. Payments may be made by personal delivery,mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: 2 I Pare CITY OF TIGRD BRETTHAUER OIL COMPANY Attn: Nick Nissen, Facilities/Fleet Supervisor Attn: Lori Blair Address: 13125 SW Hall Blvd. Address: 453 SW Washington Street Tigard, Oregon 97223 Hillsboro, Oregon 97123 Phone: (503) 718-2605 Phone: (503) 615-3361 Fax: (503) 684-7297 Fax: (503) 640-4518 Email Address: ngn @tigard-or.gov Email Address: lori @bretthauer.com 10. TERMINATION City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this Agreement at any time by giving notice to Seller. If City terminates the contract pursuant to this section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of termination. City may deduct the amount of damages, if any, sustained by City due to any breach of contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other costs of litigation at trial and on appeal. 11. ACCESS TO RECORDS City shall have access to such books, documents,papers and records of Seller as are directly pertinent to this Agreement for the purpose of making audit,examination, excerpts and transcripts. 12. FORCE MAJEURE Neither City nor Seller shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subseller or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 13. NON-DISCRIMINATION Seller agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues,rules,and regulations. Seller also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425,and all regulations and administrative rules established pursuant to those laws. 14. WARRANTY AGAINST DEFECTS Seller warrants that the goods shall remain free of defects in material and workmanship for a period of one (1) year commencing the date of City's acceptance. Such defects shall include any failure of the goods to meet Seller's specifications or the description contained in Seller's product literature. If within the warranty period City discovers such a defect, Seller shall repair or replace the defective item or component free of charge. If after three attempts Seller is unable to eliminate a defect, or if Seller does not commence the warranty work within the time allowed in this paragraph, City shall have the right to return the defective item or component and, at City's option, either obtain a full refund of the purchase price of the goods or obtain a refund,in an amount to be agreed upon by the parties, of the portion of the purchase price of the goods that is allocable to the defective item or component. Seller shall commence all warranty work within 48 hours of receiving notice of the warranty claim. All warranty work shall be performed at City's facilities unless otherwise agreed by 3I I) a g c the parties. If warranty work is performed at Seller's facilities, Seller shall pay all shipping costs, including the cost of return shipment. This warranty shall apply to all repair parts furnished by Seller and all repairs performed by Seller. 15. INTELLECTUAL PROPERTY WARRANTY Seller warrants that none of the goods, the use thereof or any of the applications, processes or designs employed in the manufacture thereof infringes the valid claims of any letter patent, patent application, copyright, trade secret or any other property right of any third party. If as a result of any suit or proceeding alleging an infringement of any of the foregoing property rights City's use of the equipment is enjoined, Seller shall at no cost to City either obtain for City a license to use the goods or modify the goods so as to avoid the infringement without any degradation in performance. If Seller cannot obtain such a license and cannot so modify the equipment, Seller shall promptly refund to City the purchase price, less a reasonable amount for depreciation. 16. MAINTENANCE SERVICES Unless otherwise provided in the Specifications (Exhibit A) or the Proposal (Exhibit B), the City shall have the right to maintain the goods purchased under this Agreement. Repairs or replacement of parts by the City or its agents or maintenance contractors shall not alter or void any warranties for equipment or goods purchased under this contract. If provided for in the Specifications (Exhibit A) or the Proposal (Exhibit B), Seller shall provide maintenance services for a one (1) year period commencing on the date of delivery under the guidelines established in the Specifications (Exhibit A). All maintenance services shall be performed on City's premises, unless otherwise agreed by the parties. Seller shall provide substitute equipment of equal quality and function for City's use if the maintenance services will exceed thirty (30) days in duration. City may terminate Seller's maintenance services at any time without cause upon the delivery of written notice. In the event of such termination, Seller's other obligations under this Agreement shall remain unchanged and Seller shall promptly refund to City all amounts prepaid for maintenance services and unused. 17. ASSIGNMENT OF MANUFACTURER'S WARRANTIES Seller hereby assigns all warranties of the manufacturers of components of the goods to City to the extent such warranties are assignable. In the event Seller must obtain the consent of the manufacturer or take other action before any such warranties are assignable, Seller shall do so prior to delivery. 18. INDEMNITY/HOLD HARMLESS Seller shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands, judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Seller or its subsellers, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's negligence. 19. INSURANCE Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. 4 IPagc The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance: If Seller will be installing or testing the goods, or otherwise performing services on City's premises, Seller shall provide a certificate indicating that Seller has commercial general liability insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance. Coverage will include $2,000,000 per occurrence and $4,000,000 general annual aggregate. Said insurance shall name City as an additional insured. If Seller hires a subseller to perform services on City's premises, Seller shall ensure that Seller's subseller complies with this paragraph. B. Business Automobile Liability Insurance: If Seller will be delivering the goods, Seller shall provide City a certificate indicating that Seller has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured. If Seller hires a carrier to make delivery, Seller shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance: The Seller, its subsellers, if any, and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Sellers who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. D. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the Seller shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. 20. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert),attorney's fees and court costs on appeal. 21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Seller shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subsellers and income tax withholding contained in ORS Chapter 279, the provisions of which are hereby made a part of this agreement. 5 I .1' ., �� 22. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the teiius of proposal conflicting herewith. 23. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 24. COMPLETE AGREEMENT This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and any other exhibit, Exhibit A shall control. In the event of an inconsistency between Exhibit C and Exhibit B, Exhibit B shall control. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written,not specified herein regarding this Agreement. Seller,by the signature of its authorized representative, hereby acknowledges that Seller has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Seller has executed this Agreement on the date hereinabove first written. Approved by Tigard's Local Contract Review Board at their June 26,2012 business meeting. CITY OF TIGARD B' UER OIL COMPANY ,ACIIIM1r4g By: Authorized City Representative By: Authoriz': Contractor Representative diata. / Jyt 20/2— r $ Date Date 6 I Page EXHIBIT A GOODS TO BE PROVIDED A. CAPTIVE LOCATION The City's captive site is currently tied into the Pacific Pride system with fuel billed as it is used. Any costs to change the existing software/hardware at captive sites shall be the responsibility of the vendor. The tank is underground. Tigard's captive site is also utilized by Tualatin Valley Fire and Rescue on occasion through an Intergovernmental Agreement. 1. Location Tigard Public Works Yard- 8777 SW Burnham Street,Tigard, Oregon 97223 2. Capacity a. Gasoline—2,000 gallons b. Diesel—2,000 gallons B. GENERATOR TANK LOCATIONS Contractor shall fill the City's various generators as needed. The standard shall be an annual "top off' of the various tanks. 1. Water Reservoir— 1,500 gallons, 12475 SW Bull Mountain Road 2. Water Reservoir—550 gallons, 14200 SW High Tor Drive 3. Water Reservoir—550 gallons, 14201 SW 119th Place 4. Water Reservoir—300 gallons, 10310 SW Canterbury Lane 5. Public Works—300 gallons, 8777 SW Burnham Street 6. Police Department—500 gallons, 13125 SW Hall Boulevard 7. IT Niche—300 gallons, 8720 SW Burnham Street C. ESTIMATED NEEDS/USAGE 1. Number of Vehicles in City's Fleet a. Unleaded- 141 b. Diesel- 12 2. Current Cardlock Card Needs a. Driver Cards - 160 b. Vehicle/Equipment Cards - 160 3. Estimated Total Annual Fuel Usage (Gallons) a. Regular Unleaded- 69,500 b. Super Unleaded - 5,400 c. Diesel- 16,000 4. Annual Fuel Usage (Gallons) —By Location a. Captive Site—8777 SW Burnham Street,Tigard, Oregon 97223 1) Regular Unleaded- 63,116 2) Super Unleaded- 3) Diesel- 12,200 7 I Page b. Commercial Sites -Tigard 1) Regular Unleaded- 6,384 2) Super Unleaded- 4,700 3) Diesel- 3,700 c. Commercial Sites - Portland 1) Regular Unleaded - 477 2) Super Unleaded- 10 3) Diesel- 0 d. Commercial Sites—All Others 1) Regular Unleaded 678 2) Super Unleaded- 690 3) Diesel- 100 D. CONTRACTOR'S RESPONSIBILITIES 1. Contractor Contacts Contractor shall designate one (1) primary and one (1) backup person responsible for the Contractor's work under this contract. Contractor shall provide to TVF&R and the City the names, addresses and telephone numbers, including after-hours/emergency numbers of such persons and shall keep this information current with TVF&R and the City Contract Administrators at all times. Each Proposer shall provide resumes for all key staff responsible for this contract. 2. Prices and Terms The Contractor represents that all prices, terms and benefits offered by the Contractor in this agreement are equal to or better than the equivalent prices, terms and benefits being offered by the Contractor to any other federal, state, or local government. If the Contractor during the term of the agreement with the City, enters into any contract, agreement or arrangement that provides lower prices, more favorable terms or greater benefits, to any other government body, the contract with the City shall be deemed amended to provide the same price or prices, terms and benefits. This provision applies to all comparable products, supplies and services provided by the Contractor. 3. State and Federal Tax Exemption The Contractor shall process all the forms necessary for the state and federal fuel exemption claims (if applicable). No additional charges will be allowed for exemption processing or tax withholding requirements. 4. Material Safety Data Sheets At time of contract signing by the Contractor, Material Safety Data Sheets (MSDS) for each product shall be provided by the Contractor and made part of this contract and as new or updated MSDS become available; the Contractor shall forward copies to be placed on file with the City to meet requirements set out in OAR 837-085-0110. 5. Occupational Safety and Health (OSHA) Requirements The Contractor shall comply with conditions of the Federal Occupational Safety and Health Act of 1972 (OSHA), and the standards and regulations issued there under, and certify that all items furnished and purchased under this order conform to and comply with said standards and regulations. The Contractor further agrees to indemnify and hold harmless each purchaser from 8 :.1.. c all damages assessed a purchaser as a result of the Contractor's failure to comply with the acts and standards there under and for the failure of the items furnished under this order to so comply. 6. Training The Contractor shall provide training materials for City personnel in the proper dispensing of flammable liquids and fire safety training in accordance with OAR 837-020-055. The Contractor shall comply with the current and future regulations in this area. 7. Instruction, Service, and Site Information The Contractor shall supply to each department at the City, promptly upon phase-in and within five (5) working days after request,at no charge: a. Written instructions for using the key/card-lock system; b. Notice of change in availability of services; and c. Notice of any addition or deletion to site changes. 8. Hours of Operation and Notification of Problems/Issues a. Key/card-lock sites shall be accessible 24 hours a day, 365 days a year (or 366 days in a leap year). b. Telephone system to notify main business office of a problem at the fuel site. 9. Emergency Power Backup Fuel Supply In case of an emergency power outage, the Contractor shall have 24-hour on-call emergency power for on-location fueling at fuel locations agreed upon by the Contractor and the City. The locations given below shall be equipped with portable generator adapters or have certified internal back-up power system for operation during an emergency power outage to support emergency back-up fuel supply. Charges for fuel shall be the same as normal fuel card-lock usage. The designated fuel locations to be considered for emergency backup power shall be in the general vicinity of these locations and agreed upon with the City: a. The Tualatin-Tigard area; b. The Beaverton area;and c. Wilsonville-West Linn area. The Contractor shall provide personnel to operate and maintain the emergency back-up power at the designated locations. The actual hours of operation and response times shall be dependent on the demands and needs of any particular emergency. Hours of operations can range from a 24-hour per day requirement to pre-determined hours of operation as established by the City. Actual hours of operation shall be coordinated with the contract administrator for the particular emergency. The Contractor shall be required to establish and maintain a 24-hour per day continuously operational communication notification system to respond to this requirement. 9IPage 10. Environmental Conditions Regarding commercial automated fuel (key/cardlock) sites, each site shall be well lit, clean and be in an open area as to provide a safe environment for 24-hour use. All approved sites shall have functional fire extinguishers (that meet state and/or local Fire Marshal requirements), and shall have posted emergency telephone numbers for use in case of problems, and shall provide locally owned pay telephones and/or emergency telephones. 11. Spillage and Cleanup The Contractor shall be responsible for all spillage, which may occur during transit and unloading operations for both fuel drops and captive site fueling. The Contractor shall immediately report any spillage to the Contract Administrator for that site and clean up the spillage according to applicable EPA and State guidelines and requirements. Failure to do so will initiate corrective action and back charge to the Contractor of any incurred costs. 12. Fuels The Contractor shall have a currently functional automated key/card-lock system for purchase of gasoline and diesel fuels meeting the following requirements: a. All motor fuels shall be free from impurities including, but not limited to water, dirt, harmful oils, fibrous materials, and other petroleum products or contaminants. b. In case of damage directly traceable to the contaminated motor fuel at a site, the Contractor shall be responsible for the damage costs. c. Fuel storage tanks shall comply with current and future Federal and State Regulations as implemented. d. All fuels shall comply with applicable industry and government standards and specifications. e. Regular unleaded gasoline shall have a minimum octane rating of 87. f. Medium duty unleaded gasoline shall have a minimum octane rating of 89. g. Super-unleaded gasoline shall have a minimum octane rating of 91. h. Diesel fuel shall be (on road) #2. Diesel fuel shall be winterized to industrial standards for the area. Note: Each commercial fuel site shall include one (1) unleaded fuel of the higher octane rating fuels (89 or 91) along with the regular unleaded and (on-road) diesel fuel. 13. Fuel Availability The Contractor shall maintain supplies of regular unleaded gasoline, super unleaded, both on- road and off-road diesel to meet fuel requirements for the City on a 24-hour per day and 365 days per year (or 366 days in a leap year), during adverse weather conditions, National and State (Civil Defense) emergencies and fuel shortages. The Contractor must be able to provide both gasoline and/or diesel fuel anywhere in the City's jurisdiction with a minimum 2-hour response time. The Contractor is required to provide an emergency response contact number that is available 24-hours and 365 days per year (or 366 days in a leap year). If the contractor charges an additional fee for this, it must be stated in the contractor's prices submitted in this RFP. The minimum fuel inventory required at the captive sites shall be no less than 1,000 gallons. Contractor shall monitor all fuel inventories at captive sites on a daily basis. Please state how you monitor fuel usage. 10 I Page 14. Cardlock Site Fuel Locations Contractor shall supply a list of their commercial key/cardlock fuel system that the City will be allowed to utilize. The City prefers locations that are within a 5-mile radius of Tigard City Hall. Contractor should also provide information on the types of fuel available at each location. 15. Key/Cardlock Devices Contractor shall provide the City with the required number of key/card-lock devices for dispensing motor fuels. The key/card-lock system and devices shall have individually unique characteristics to provide maximum security measures to protect our agencies from fraud. There shall be two types of systems, one being a single key or card and the other being a dual card system. Each system shall have a code ID to identify the driver fueling and the vehicle. Upon receiving a request from the Contract Administrator, the contractor shall provide the key/card devices within 3 working days. Each proposer shall supply samples of the foul's used to issue the key/card devices. There shall be no charges for the issuance of key/card devices. 16. Key/Cardlock Invalidation Contractor shall have in place a system that will receive and respond to an invalidation notification within eight (8) hours. Notification of a misplaced or stolen key/cardlock device shall be provided immediately to the Contractor by each user of the misplaced or stolen key or card that requires deactivation. Literature shall be provided by each proposer explaining its invalidation notification methods and procedures. Proposing contractors should include a sample of this literature with their proposal. Contractor shall be required to be insured to cover all unauthorized transactions due to theft or loss of a card. 17. Key/Cardlock Device Invalidation Liability The Contractor shall be responsible for purchases at any of its key/cardlock sites after eight (8) hours has expired following notification of invalidation. The City shall be responsible for purchases in the first eight (8) hours up to $100.00 after verbal notification of invalidation. Each proposer shall describe additional dollar limitations (if any) available in regard to agency liability. Additional dollar limitations: In consideration of additional specific dollar limitations the City agrees: a. Not to place applicable security codes on key/card devices; and b. To cooperate with Contractor in identifying the person(s) responsible for charges in excess of the agreed upon dollar limitations. 18. Valid Vehicles Purchase charges for valid vehicles shall be paid by the City. Any charge not corresponding to a valid vehicle shall result in notification to the Contractor and shall be deducted from the billing. 19. Cardlock Systems Cards and Information Contractor shall provide the necessary card(s) for initial and follow-up issue. Upon receiving a request for additional card(s), the contractor shall provide the additional card(s) within three (3) working days of the request. Printed instruction, information sheets, on-location instructions, and fuel location maps shall be provided for each card when requested, updated and/or changed at no charge. Replacement cards will be provided at no cost to the City. 11 I P i c 20. Detailed Billing Report/Summary Statement The Contractor shall provide a semimonthly (the 15th and the last day of the month) summary statement to the City, within five (5) business days of the end of each billing cycle. All reports shall include the following: a. Purchase date, b. Purchase location, c. Cardholder name or ID number that is making purchase, d. Vehicle ID number, e. Odometer reading, f. Type of fuel purchased, g. Number of gallons purchased, h. Price per gallon, i. Total purchase price. Contractor must be capable of transmitting billings electronically to each agency in file is readable by the City's vehicle information management system and can be opened and manipulated with Microsoft Excel. Proposal shall include sample billing reports, and a report on CD-ROM for comparison and compatibility to existing software. Summary statements must include subtotals for each of the City's divisions and a grand total for the period for the entire City. Copies of the City's statements shall be sent to the following areas of the City at 13125 SW Hall Boulevard,Tigard, Oregon 97223: • Finance and Information Services,Attn: Accounts Payable • PW Works,Attn: Business Manager 21. References Each proposer shall submit a list of three (3) current customers (priority given to other government customers) using existing fuel sites in Washington County, Multnomah County or Clackamas County. The list must include name of City, County, and/or State Agency; or if private, company name, contact person and telephone number. 22. Pricing The price per gallon shall be the proposer's mark-up cost over the transfer price per gallon for the fuel. The City will pay only a price per gallon. a. Markup cost shall include all of the proposer's costs over the transfer price of fuel. For example, but not limited to: 1) Per transaction cost; 2) Costs associated with initial setup and distribution of cards; 3) Costs for additional cards; 4) Accounting fees; and 5) Emergency power requirement costs. c. Markup cost shall not include wholesale purchase price or applicable taxes. d. No finance charges shall be charged for payments made within 60 days of the billing date. e. The City understands that the Contractor's price is based on the site transfer price, which varies at different sites, reflecting variations in transport cost and site expenses. The City 12 I Page EXHIBIT B SELLER'S PROPOSAL 14 ' Page