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Strickland, Kenny/Generator Fuel 07 Memorandum of Understanding Between The City of La Quinta And Kenny Strickland, Inc. This agreement is made and entered into between the City of La Quinta and Kenny Strickland, Inc. I. PURPOSE: To provide after hours emergency fuel delivery to city facilities 24/7/365 to enable the city may maintain continuity of government. The city requires fuel to operate generators at several facilities if the commercial power fails for any length of time. Current fuel storage is limited to 16 to 24 hours supply. II. TERM: The length of this agreement shall be five (5) years from the date of signing or until at which time it is canceled in writing by either party to which the cancellation becomes effective 30 days upon delivery to the other party. III. RESPONSIBILITES: I.) The City of La Quinta will be responsible to make any and all fuel requests to Kenny Strickland, Inc., by a responsible authorized city staff for emergency fuel delivery. 2.) Kenny Strickland, Inc. will provide after hours contact phone numbers of key staff and or other means of contact for emergency fuel requests. 3.) Kenny Strickland, Inc. will provide fuel delivery as soon as practical, or as agreed to with the city staff making the request, within the time frames requested, or within 8 hours of said request. 4.) Kenny Strickland, Inc. agrees to honor emergency fuel requests any day of the calendar year during the term of this agreement regardless of holidays, time of day or weekends periods. 5.) Kenny Strickland, Inc. understands that additional deliveries could be possible under the terms of this agreement if the commercial power was not restored within 24 hours. 6.) The City of La Quinta will provide the locations and estimated fuel requirements in each request. 7.) The City of La Quinta will process invoice payments through normal finance office procedures, Net 30 days upon receipt of invoices from Kenny Strickland, Inc. 8.) The City of La Quinta understands that there will be a fuel surcharge of$90.00 per hour, portal to portal for after hour emergency fuel deliveries to compensate Kenny Strickland, Inc. for overtime costs plus the actual prevailing fuel cost. During regular business hours, Monday through Friday, 6 AM to 5PM except Holidays, there is not a surcharge, only the actual cost of the fuel delivered. 9.) The City of La Quinta will assist Kenny Strickland, Inc. in delivery access by notitying law enforcement and/or provide city vehicle escort as needed to facilitate delivery to city facilities. Signatures of approval. ~/ ~ate 'l"~(,~? cl Date 7-2..'7-0) Thomas P. Genovese Chuck Gayler, Operations City Manager City of La Quinta Manager Kenny Strickland, Inc.