Agmt19 BOSCO OIL, Inc. dba Valley Oil

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At all times, Consultant shall strive to meet emergency fuel requirements of the City. During City, county, state or federal declared emergencies, City fuel requirements shall be Consultant's top priority. Fuel shipments of any quantity shall be available seven days a week. F. Fuel Spills. Consultant shall be responsible for any damage or violations of law caused by any fuel spill during the delivery process. Drivers are to report any spill and the Consultant shall pay City for any costs incurred in the cleanup of any spill. G. Right to Audit Records. City shall be entitled to audit the books and records of Consultant or any of Consultant's subcontractors under any negotiated contract or subcontract other than a firm fixed-price contract to the extent that such books or records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the Consultant for a period of two years from the date of final payment. H. Future Fuel Specification Changes. During the tern of this Agreement, the City may require a change in the specification of unleaded gasoline supplied to comply with any change in federal, state, or local laws governing fuel properties. In the event that such changes are necessary, the City will notify the Consultant in writing of the requested change. The Consultant shall provide the City with the added cost per gallon of fuel to the price in this Agreement. If City and Consultant cannot reach an agreement on the added cost for the requested change, the Agreement may be terminated by either party. Until termination, the reasonable determination of the City as to the cost of the new fuel shall prevail. 1. Termination of Contract. In the event that the Consultant at any time during the term of this Agreement breaches the requirements or conditions of the Agreement, the City may immediately terminate the Agreement and shall pay the Consultant only its allowable costs to date of termination. 2. Payment Terms Consultant shall provide the gasoline and diesel fuel provision and delivery services outlined herein for a total not -to -exceed amount of $750,000.00 based on the following fee schedule: The base price per gallon, or $OPIS price, shall be the rack average price listed on the San Jose, CA OPTS Gross Standard daily (10:00 A.M. EST Contract Average) rack benchmark price reports adjusted to include CAR and LCFS costs. Contractor shall charge $OPIS price + 0.022/Gal for unleaded gasoline, and $OPIS price + 0.022/Gal for diesel fuel. REV: 09-18-19 EI ATN/AGR.2019.248/Valley Oil Company (Page 12 of 12)