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Home My Public Portal About003-2023 - Co-Alliance - gasoline for 2023 • • CO.-ALLIANCE' Co-Alliance.Cooperative Inc.TERMS.and CONDITIONSfar FIXED PRICE FUEL CONTRACTS THIS AGREEMENT,made andentered into this: 16th day of December 2022.byand between Jason Deboo as authorized.contrecting representative for Co-Alliance Cooperative Inc,hereinafter referred • to as(Seller),.with its principal location 1435 NW 5th St;p 0 Box 516,Richmond,IN 47374 and .Kara Noe as aothorized contracting representative el The City of Richmond hereinafter referred:to as(Buyer)in consideration ofihe mutual covenants contained herein,theparties agree as follows: :1. Fixed price forward-month contracts are available by month for up to twelve.(12)consecutive months: Minimum contracted gallons are'1,000 gallons. (Gallons in this contract will be understood:to be gross.gallons).Fixed price forward-month contracts will he offered between 8;00 AM and 5:00PM Eastern time o'n regular business days.•All' contracts originating via telephone will be firm and binding when placed with an authorized representative of:Co-Alliance'Cooperative,Inc:.(Seller)..Confineation of averbal Cciettact agreement will tie SentUia fax',United States Mall or:email to Buyer.The confirmation isto be signed and,returned within ten(10)business days after receipt. Additionally;confirmations NOT received within ten(10)business days shall also constitute agreement to:the terms set forth by the contracting party, 2. product purchasestovered bythis agreement will begin with product purchased on the 1st day of January 2023 and will conclude with product being:purchased,on or.before the. 31st day of December 2023. . Buyer agrees to purchase.from Seller 145000 gallons.of '87E10+Gasoline at a fixed price of $2.6538 per gallon.Price includes- 0.33 SWIFT.and 0;FEF. Gas use (if.applicable)will be'added atthe time of delivery end is NOT included incontracted"price per gallon. 4. Product covered by this agreement must be taken by Buyer within the contract specified dates. Delivery dates:onthe Contract are between the dates.of the 1st :day Of January 2023. arid the. 31st dayof December 2023 Gallons:not lifted within their designated contract months will be forfeited. In addition;Co-Alliance Cooperative Inc.will Invoice the Buyer for thoseunused gallons.The:invoicing 'formula used will be equaftothe dIfference.between the contract fixed price andthe CountryMark Rack:price at.the end of:the contract period multiplied bit the number of undelivered gallons. If the contract price is lower than the CountryMark Rack priceat the •endof the contract period,no charge will apply,nor will any refund be granted. Payment invoiced amount will be due to Co-Alliance Cooperative ;bythe doe date set forth.on the invoice..Invoice terms will beequal to:Ca-Alliance Cooperative's regular account terms. 5 Contract gallons:are not:transferrable:to-any other entity without written consent of the Seller. .6. 'All product delivered by Seller and-soldto BuyerpursuanttothisAgreement/Contract shall conform.to the qualltyipecIfications mutually agreed upon:by the for such products which are commercially acceptable:In addition,Co-Alliance Cooperative Inc makes no warranty,express or implied,concerning any product other then it shall conform to the specifications as described above.. ALL OTHER WARRANTIES OF ANY KIND,EXPRESS..OR:IMPLIED IN FACTOR By LAW,INCLUDING;:BUT:NOT LIMITED TO, IMPLIED WARRANTIES OF.MERCHANT:ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING.FROM.COURSE OF.DEALING'OR USAGE OF ANY TRADE,ARE'EXPRESSLY EXCLUDED FROM:THIS WARRANTY AND FROM THIS AGREEMENT. 7., Seller at its option may.make void this contract If Buyer's.account becomes delinquent by 60 days.Nothing in this'agreement/contract shall excuse buyer from paying seller,whendue,any amounts payable udderthis agreement. S If there is a.breach of this Agreement/contract,the parties hereby agree that all reasonable costs of collection and aitorneifeek may be added tothe amount owed including finance charges'et the usual and customary.rate; 4. Co-Alliance.Cooperativeinc shall deliver all products covered by this Agreement/contract to the Buyer: Risk of loss for product shall. pass to Buyer at time of delivery. 10 Either parts/s failure to perform underthe terms and conditions of this Agreement/contract,.inwholeor.inpart,:willnotbedeemedebreachora default hereunder or give rise to any of either party to the other if such failure is:attributable to any act of God,riot,public enemy;,,fire,explosion,flood,drought,war,sabotage,accident, action by governmental authority;or other conditions beyond the reasonable control of the other party. 11..The waiver by either party of,a breach of any provisions of this Agreement/contract will not contribute to.or be construed asa waiver of any future breach of any provisions)-of this Agreement/contract. 12. In the event one or mare provision-of this Agreement/contract should be or become illegal,Invalid,or unenforceable,then the parties will substituteiegal,validand enforceable pitiVisiOns.ferStich illegal,invalid or'unenfarceable provisions that It can be reasonably:assumed that the parties would have contracted on the basis:of those provisions.. 13:This instrument sets forth the entire agreement between the parties-relative to the subject matter herein and superseded all previous understandings and agreements of •the parties relative to the subiect matter herein Modification or amendment of any Of the provisions of this Agreement/contractshallnot.tievalidunlessinwritingandsigned by thepartiei hereto. Contract No. 3-2023 14.ThIs Agreement/contract shall be governed by and be construed in accordance with the.laws of the State of Indiana, Buyer hereby agrees that any suit,action or proceeding seeking to enforce any provision of orbesed on any matter arising out:oferin connection with this agreement shall be brought,in the state courts having subject matter jurisdiction over such actions in Wayne County,Indiana. Buyer hereby Irrevocably consents Co the eiiclusive jurisdiction ofsuch courts.In any such suit,action or -proceeding and irrevocably waives,to the fullest extent permitted by law,any abjection that it may nor or hereafter have to the laying of venue in any such suit,action or proceeding in any such court or that any such suit action or-proceeding has been brought in an inconvenient forum IN WITNESS WHEREOF,the authorized representative of the parties:hereto has executed this Agreement/contract effective the.day and year first above written. Seller{o-Alliance Cooperative Inc Buyer: City of Richmond By: Jason:Deboo Please sign.&returngl!!!!!!. SWEIRIgign 0-e__ Title:: Energy Sales Specialist Tltfe �rchasl 1-1 m a n Q Q e Account Ipti J Agreement/contract ft 2.5001 Add$.14 per gallon for Tank>,vagor Delivery Phone Number ",b S' 1'2„ 1 DI LI "FAdd$:a per:galkf tn orRf tail Station1 J Address 5i1N:.5th Street Richmond,IN.47374