HomeMy WebLinkAbout2008-048
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RESOLUTION NO. 2008-48
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO CONTRACT PURCHASE ORDER NUMBER 08-070 BY AN
ADDITIONAL $75,000 TO APPLIED LNG TECHNOLOGIES PURSUANT TO
SECTION 3.04.010 B-3, OF THE MUNICIPAL CODE FOR THE PURCHASE OF LNG
FUEL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, the current Contract Purchase Order of $24,900 needs to be
increased to $99,900 in order to fuel the LNG station.
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Applied LNG Technologies, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
length.
SECTION 2. The Mayor and Common Council hereby authorize the Director of
Finance or his/her designee to increase Contract Purchase Order No. 08-070 by an
additional $75,000 for a total of $99,900.
SECTION 3. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 4. The Purchase Order shall reference this Resolution No. 2008-~
and shall read, "Applied LNG Technologies for the purchase of LNG fuel" and shall
incorporate the terms and conditions of the Agreement.
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January 31. 2008
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO CONTRACT PURCHASE ORDER NUMBER 08-070 BY AN
ADDITIONAL $75,000 TO APPLIED LNG TECHNOLOGIES PURSUANT TO
SECTION 3.04.010 B-3, OF THE MUNICIPAL CODE FOR THE PURCHASE OF LNG
FUEL.
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SECTION 5. The authorization to execute the above referenced Purchase
Order and agreement is rescinded if not issued within sixty (60) days of the passage of
this resolution.
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January 31,2008
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO CONTRACT PURCHASE ORDER NUMBER 08-070 BY AN
ADDITIONAL $75,000 TO APPLIED LNG TECHNOLOGIES PURSUANT TO
SECTION 3.04.010 B-3, OF THE MUNICIPAL CODE FOR THE PURCHASE OF LNG
FUEL.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 4th
day of F..hruRry
, 2008, by the
following vote, to wit:
Council Members: AYES NAYS ABST AI N ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
~/;J. ~
Rachel G. Clark, City Clerk
~n-'
day of
The foregoing resolution is
February , 2008.
hereby approved this
'IIIiiiI'..
.
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Ap roved as to form:
,(J~
es F. Penman, City Attorney
January 31, 2008
2008-48
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 4th day of February
WHEREAS, the Mayor and Common Council has determined that it is advantageous
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SCOPE OF SERVICES.
For the remuneration stipulated, San. Bernardino hereby engages the services of
VENDOR to provide LNG fuel.
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TERM.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
01/31/08
EXHffiIT "A"
2008-48
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4. INDEMNITY.
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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2008-48
6. NON-DISCRIMINATION.
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10 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
11 purposes VENDOR shall be an independent contractor and not an agent or employee of the
12 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
13 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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16 employees, and all business licenses, if any are required, in connection with the services to be
17 performed hereunder.
18 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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to practice its business or profession.
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In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
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2008-48
9. NOTICES.
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11 10. ATTORNEYS' FEES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
City of San Bernardino
Ken Fischer, Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Applied LNG Technologies
3001 Knox St.
Dallas, TX 75205
Telephone: (214) 697-0391
Attn: Kevin W. Markey
TO THE VENDOR:
12 In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
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provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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2008-48
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
01/31/08
2008-48
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and date set forth below.
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5 Dated:J- -/P
VENDOR SERVICE AGREEMENT
APPLIED LNG TECHNOLOGIES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
,2008
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8 Dated ~ ~ ,2008
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12 Approved as to Form:
Its:
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01/31/08