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2010-10-05 4-C AgreementFIRST AMENDMENT TO AGREEMENT THIS AGREEMENT, entered into this 1st day of July, 2010, by and between CITY OF ALAM.EDA, a municipal corporation (hereinafter referred to as "City and BOSCO OIL, INC., dha VALLEY OIL COMPANY, a California corporation, whose address is P.O. BOX 326, MOUNTAIN VIEW, CALIFORNIA, 94042, hereinafter called the Contractor, in reference to the following: RECITALS: A. On July 21, 2009, an agreement was entered into by and betw een. City and Co ntractor (h ereina ft er "Agreement B. On July 21 2009, the City Council adopted Resolution No. 14362 authorizing the Public Works Department to purchase fuel in the open market for period not to. exceed twelve months. The City has since discovered that other departments have separate fuel contracts, and now desires to consolidate its fuel purchasing to obtain more favorable pricing for the City. The City intends to competitively bid the new fuel contract in October 2010. C. City and Contractor desire to enter into a First Amendment to Agreement for the Annual Fuel Delivery to Various Locations Within the City of Alameda, in accordance with Resolution 14362, adopted therefore, by the City Council on July 21, 2009. NOW, THEREFORE, 1t is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1, TERM of the Agreement is modified to read as follows: "The term of this Agreement shall commence on the I s' day of July, 2010, and shall terminate on the 31st day of December, 2010, unless terminated earlier as set forth in Paragraph 23 in the Agreement." 2. Paragraph 3, COMPENS.ATION TO CONTRACTOR. of the Agreement is modified by a this paragraph as follows: "Contractor shall be co mp en sated for services perforined pursuant to this First Amendment to Agreement in the amount and manlier set forth in Contractor's bid, which is attached hereto as Exhibit "Al" and incorporated herein by this reference. Payment will be made in the sane neat er that claims of a like character are paid by the City, with checks drawn on the treasury of said City, to be taken from the 0703 -51100 fund." Total compensation under this contract shall not exceed $200,000." 3. Except as expressly modified herein, all other terns and covenants set forth in the Agreement shall remain the same and shall be in full force and effect Valley Oil G: ptibwol 1 02011 ifuel \amendfuel.doc FLtel Del ivery Page 1 IN \�lIT�N SS �VI --I I FO F I I I c p"'Irtics ha caused [lie Agreement to be exec uted on dic clay Mid year first "Ibove Nvrittcll. BOSCO 01L, INC, Dba VAI,I FY OIL COMPANY' C`IrFY Of-'' ALAII I LDA A C'aI i 0rn ifs Corporation A VI l_II1 i Ira Corr ,ora[io Robert Buck Ann Marie Gallant Vice-president 'Intcrml City maIir' -"ge' AI'PROVE D AS TO FORM: C 11 y Attorney Al ILII'cI Zagaro I i Cl Ly Attorney b Vall Oi G :IPUL1WO1 ks \p wad III iM MA I N"R20 I (]Z() 1 111 uc:ll-'w reement,clot 'age I I Exhibit A.T Contractor's Bid Annual Fuel Delivery, No. P.W. 03 o4 -04. The undersigned declares that he has carefully examined the location of the proposed work, and the Plans, Specifications, and Special Provision therefor, referred to herein, and hereby proposes to furnish all labor, materials, machinery, tools and equipment required to perform the work, and to do all the said work, in accordance with said Plans, Specifications and Special Provisions for the unit prices set forth in the following schedule: Locatio n For FYI 0-11 Unleaded Diesel Bio- Diesel Maintenance Service Center 3.5 Cents 9.0 Cents 9.0 Cents Fire Station 1 14.2 Cents 14.2 Cents ILIA Fire Station 4 21.5 Cents 21.5 Cents N/A Fire Station 5 N/A 11.4 Cents N/A Chuck Corica Golf Complex N/A N/A N/A. Note: This pricing is the price added to the average cost per gallon as determined each Thursday by the OPTS 5 report per contract specifications. Valley Oil G:1 P Lib work s\ pwadrnin\ MAINT '201020111ftie10amendfue1.doc l Delivery Page 3