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Reso 2026-4033
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Reso 2026-4033
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Last modified
7/13/2026 4:11:38 PM
Creation date
7/13/2026 11:41:58 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2026-4033
Date (mm/dd/yyyy)
06/18/2026
Description
Approving a First Amendment to the Agreement w/ Port Consolidated, Inc., for the purchase of gasoline & diesel fuel for the City's Fleet & Equipment.
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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA <br />Exhibit B - Proposal of Port Consolidated, Inc. <br />20. TERMINATION, Seller and Buyer shall have the right to terminate this contract at anytime without cause upon giving the other <br />party at least 30 days' prior written notice of termination. Termination ofthis contract shall not relieve the ponies of responsibility <br />for obligations incurred prior to termination. If Seller continues to accept orders from Buyer for the products covered by this <br />contract following expiration of the term of this contract, such sales shall be upon all of the terns and conditions of this contract; <br />provided that such sales shall not be construed to evidence a renewal ofthis contract by operation oFinw or otherwise. <br />21. WARRANTY..Selter warrants thitt it has title to the products sold under this contract. EXCEPT AS OTHERWISE PROVIDED <br />IN TiIE FOREGOING SENTENCE- AND IN THE FIRST SENTl•_NCE OF SECTION 3 OF THIS CONTRACT, BUYER <br />ACKNOWLEDGES AND HEREBY ACCEPTS THAT SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER <br />WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM ANY <br />COURSE OF DEALING OR USAGE OF TRADE. <br />22. DISCRETIONARY SALES; Seller and Buyer may (but are nut abiignted to) engage in sale transactions for products or delivery <br />locations not specified. in E.,dtibit A ("Discretionary Sales"). Unless otherwise agreed to in writing by Seller and Buyer, any <br />Discretionary Sales shall be deemed made "under this contract" and 9n its teats except that the specific products, prices, <br />quantities,.and delivery locations for Discretionnry Sales shall. be as mutually agreed upon. by Seller and Buyer for each such <br />transaction. The quantities of products sold in Discretionary Sates shall not count against the minimum or maximum volumes <br />specified in Exhibit A. <br />Seller <br />Chevron.Prodacts Company, <br />a division of Chevron U.S.A, [no. <br />Thanh Nhan Nguyen AttomeyinFact <br />Buye). <br />Io <br />By: <br />r <br />Product Sales Contract (Rescller) C&1-020(3-08) <br />- 4 - REV 0511.2/14 <br />
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