Loading...
HomeMy WebLinkAbout07.BS- Public Works ass. RESOLUTION(ID# 1844) DOC ID: 1844 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Jim Smith M/CC Meeting Date: 06/18/2012 Prepared by: Chris Lopez, (909) 384-5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No. 3 to the Vendor Service Agreement to Extend the Terms and Conditions of Annual Purchase Order #212252 for FY 12/13 with Applied LNG Technologies Pursuant to Section 3.04.010 B-3 of the Municipal Code for the Purchase of LNG Fuel. Financial Impact: This four month extension will also allow time for the formal bid process through the Purchasing Division. Requested four month extension budget for FY 12/13 Applied LNG Technologies: $350,000 Account No. 635-400-0100-5113 QAccount Description: Motor Fuel and Lubricants Fleet's budget will be adjusted accordingly once the FY 12/13 budget is approved by Mayor and Common Council. The City is currently in its last renewal year option with Applied LNG Technologies. Motion: Adopt Resolution. Synopsis of Previous Council Action: August 6,2008,per Resolution 2008-38,the Mayor and Common Council approved an increase up to $1,000,000 to Applied LNG Technologies for the purchase of liquid natural gas ("LNG") fuel. On April 21,2008 Resolution#2008-134 was approved by the Mayor and Common Council awarding a contract to Applied LNG Technologies with three single-year renewal options for LNG fuel supply and station maintenance. Background: `01 Updated:6/12/2012 by Richard D.Luczak B Packet Pq 1446 1844 The Fleet Division is requesting to extend the terms and conditions of Purchase Order #212252 with Applied LNG Technologies for a period of four months for FY 12/13. This extension from July 1, 2012 through October 31, 2012 is needed so the City will have a LNG fuel while the comprehensive bid specifications can be developed which will include all of the new modifications and upgrades to the City's LNG fueling station. This four month extension will also allow time for the formal bid process through the Purchasing Division. This bid process will require that all prospective bidders to get a visual of the fueling operations by doing a walk- through of the LNG fueling stations. The City's intent is to obtain a long term contract for LNG fuel supply and station maintenance. The Fleet Division is requesting to exercise a four month extension in the amount of$350,000.00 for FY 12/13. The City is currently in its last renewal year option with Applied LNG Technologies. City Attorney Review: Supporting Documents: ALT LNG PO extension Staff Report May 17 2012 (DOC) © RESOLUTION TEMPLATE 1 (DOC) agrmt 1844 (2)(PDF) reso 1844 (PDF) Attachment 1 (PDF) Updated:6/12/2012 by Richard D.Luczak B 7.BS:a CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report o Subject: ;< Resolution of the Mayor and Common Council of the City of San Bernardino authorizing W the City Manager to execute Amendment No. 3 to the Vendor Service Agreement to a. extend the terms and conditions of annual Purchase Order#212252 for FY 12/13 with d Applied LNG Technologies pursuant to Section 3.04.010 B-3 of the Municipal Code for o the purchase of LNG fuel. r U d Background: The Fleet Division is requesting to extend the terms and conditions of Purchase Order Z #212252 with Applied LNG Technologies for a period of four months for FY 12/13. This 9 extension from July 1, 2012 through October 31, 2012 is needed so the City will have a "- LNG fuel supplier while comprehensive bid specifications can be developed that will a include all of the modifications and upgrades to the City's LNG fueling station. This will allow time for a formal bid through the Purchasing Division to include a job walk of the fueling station with prospective bidders for a long term contract for LNG fuel supply and station maintenance. c 0 On April 21, 2008 Resolution #2008-134 was approved by the Mayor and Common 20 Council awarding a contract to Applied LNG Technologies with three single year renewal options for LNG fuel supply and station maintenance. The Fleet Division is N requesting to exercise a four month extension in the amount of $350,000.00 for FY N 12/13. m Financial Impact: Funds for this purchase are available in the FY 12-13 Account No. 635-400-0100-5113, a Motor Fuel & Lubricants. v Recommendation: 2 Adopt Resolution. o y C d X N 0 a Z z J H J Q C d E L U F Q Packet Pg. 1448 7.BS.b 1 AMENDMENT NO. 3 TO THE VENDOR SERVICE AGREEMENT APPLIED LNG TECHNOLOGIES 2 This Amendment 3 ("Amendment 3")to the Vendor Service Agreement with 3 Applied LNG Technologies is entered into this_th day of June 2012,by and 4 between Applied LNG Technologies ("VENDOR') and the City of San Bernardino 5 ("CITY"or"San Bemardino'�. c 6 RECITALS c 7 A. On February 4, 2008, Applied LNG Technologies and the City of San Bernardino w 8 entered into a Vendor Services Agreement ("Agreemenf) for the purchase of LNG a 9 fuel for a not-to-exceed amount of$99,900, a copy of which is attached hereto as W 10 "Attachment 1" and incorporated by this reference. o C B. On April 7, 2008, Applied LNG Technologies and the City of San Bernardino d 11 amended the Agreement to increase the amount of the Agreement by$50,000. z 12 C. On April 21, 2008, Applied LNG Technologies and the City of San Bernardino a 13 amended the Agreement to increase the amount of the Agreement by$100,100 for a a ! 14 total not-to-exceed purchase price of $250,000 for LNG fuel, and amend the a 15 Agreement terms to add three(3)single year renewal options. 16 D. On August 4, 2008 Applied LNG Technologies and the City of San Bernardino 17 exercised the first year renewal option in an amount not to exceed$1,000,000.00 for .9 18 FY 2008/2009. E. The CITY has exercised all renewal options under Attachment 1 and the Agreement 19 is set to expire on June 30, 2012. 20 F. The CITY and VENDOR now desire to amend the Agreement to add a four month E m 21 renewal in the amount of$350,000 for FY 12/13. c 22 E t 23 AGREEMENT a 24 In consideration of the mutual promises contained in the Vendor Services 25 Agreement,the parties agree as follows: 26 1. Paragraph 1 and 2 of the Agreement dated February 4, 2008, attached here to as 27 Attachment 1, is amended to incorporate the terms and conditions of Amendment 28 3 and incorporated herein by this reference. Exhibit"A" Packet Pg:1449 7.BS.b 1 2. The total Agreement price shall be$350,000. 2 3. The tern of this Agreement shall be for an initial term from July 1, 2012 through October 31,2012. 3 4. The other provisions of the written contract are reaffirmed as originally stated. 4 5 IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day 6 and date first above written. `o_ N C 7 Dated: __12012 APPLIED LNG TECHNOLOGIES W 8 a N d 9 it By: C 10 ° t 11 � z J 12 Dated: 2012 CITY OF SAN BERNARDINO 'a ! 13 n a 14 a 15 By: Andrea Travis-Miller, City Manager 16 ATTEST: o 17 18 N 19 Georgeann Hanna, City Clerk 4 20 E 21 R 22 Approved as toform: v E z 23 James F. Penman 24 City Attorney a 25 26 27 28 Exhibit"A" I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 3 AND EXTENSION TO CONTRACT PURCHASE ORDER NO. 212252 FOR FOUR 4 MONTHS IN THE AMOUNT OF $350,000, TO APPLIED LNG TECHNOLOGIES PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE 5 PURCHASE OF LNG FUEL IN FY 12/13. 6 0 WHEREAS, the Fleet Division is requesting the execution of an amendment and 7 X 8 extension for four months in the amount of$350,000 to Contract Purchase Order Number o IL 9 212252 in order to purchase fuel for FY 12113; d 0 0 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE oc 11 CITY OF SAN BERNARDINO AS FOLLOWS: d 12 12 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to z J 13 d execute on behalf of said City an Amendment No. 3 to the Vendor Service Agreement •a 14 between the City of San Bernardino and Applied LNG Technologies, a copy of which is 15 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though — 16 17 set forth at length. o 0 2 18 SECTION 2. The Mayor and Common Council hereby authorize the Director of 19 Finance or his/her designee to extend Contract Purchase Order Number 212252 from July 1, 0 20 2012 until October 31, 2012 for a total not-to-exceed$350,000 for the purchase of LNG fuel. 21 22 SECTION 3. This purchase is exempt from the formal contract procedures of Section u r 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases a 23 24 approved by the Mayor and Common Council'. 25 SECTION 4. The Contract Purchase Order shall reference this Resolution and shall 26 read, "Applied LNG Technologies for the purchase of LNG fuel' and shall incorporate the 27 terms and conditions of the Agreement. 28 Packet Pg. 1451 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 2 AND EXTENSION TO CONTRACT PURCHASE ORDER NO. 212252 FOR FOUR MONTHS IN THE AMOUNT OF $350,000, TO APPLIED LNG TECHNOLOGIES 3 PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE 4 PURCHASE OF LNG FUEL IN FY 12/13. 5 SECTION 5. The authorization to execute the above referenced Contract Purchase 6 Order and agreement is rescinded if not issued within sixty (60) days of the passage of this c .2 7 resolution. 8 1/1 a 9 d 10 0 c 11 12 Z J 13 /p m a 14 15 a 16 17 18 a 19 20 21 /!! E 22 U ER 23 24 25 26 27 28 Packet Pg. 1452 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 2 AND INCREASE TO CONTRACT PURCHASE ORDER NO. XXXX WITH ONE YEAR RENEWAL OPTIONS,TO APPLIED LNG TECHNOLOGIES PURSUANT TO 3 SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF 4 ADDITIONAL LNG FUEL. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof,held `o .W C 7 on the day of 2012, by the following vote,to wit: K w 8 0 9 Council Members: AYES NAYS ABSTAIN ABSENT m 10 MARQUEZ c C t 11 JENKINS a° z 12 VALDIVIA v 13 SHORETT a 14 a 15 KELLEY � 16 JOHNSON 17 MCCAMMACK = 18 a 19 Georgeann Hanna,City Clerk o 20 v The foregoing resolution is hereby approved this day of 21 2012. E 22 U 23 Patrick J. Morris, Mayor a City of San Bernardino 24 Approved as to Form: 25 By U' 26 7enrnaji,City Attorney 27 28 Packet Pg. 1453 7.BS.d 2008-13 1 AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT APPLIED LNG TECHNOLOGIES 2 3 This Agreement is entered into this 21st day of April 2008,by and between 4 Applied LNG Technologies ("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino'). 5 RECITALS 6 A. On February 4, 2008,Applied LNG Technologies and the City of San Bernardino 7 entered into a Vendor Services Agreement ("Agreement") for the purchase of o .N g LNG fuel for a not-to-exceed amount of$99,900, a copy of which is attached d x hereto as"Attachment 1"and incorporated by this reference. w 9 0 10 B. On April 7th, 2008, Applied LNG Technologies and the City of San Bernardino amended the Agreement to increase the amount of the Agreement by$50,000. o 11 C. The CITY and VENDOR now desire to amend the Agreement to increase the t 12 amount of the Agreement by$100,100 for a total not-to-exceed purchase price of 13 $250,000 for LNG fuel. z 14 D. The CITY and VENDOR now desire to amend the Agreement terms to add three d .2 15 (3)single year renewal options. a 16 AGREEMENT In consideration of the mutual promises contained in the Vendor Services 17 Agreement,the parties agree as follows: c 18 1. Paragraph 1 and 2 of the Agreement dated February 4, 2008, attached here to 19 as Attachment 1, is amended to incorporate the terms and conditions of 20 Attachment 2, attached hereto and incorporated herein by this reference. c 21 2. The total Agreement price shall be increased by$100,100, for a not-to-exceed E L 22 amount of$250,000. 23 3. The term of this Agreement shall be for an initial term from April 21, 2008 a through June 30,2008. With three(3) one-year extensions at the City's option. 24 Option year one, if exercised, shall be effective July 1, 2008 through June 30, 25 2009. Option year two, if exercised, shall be effective July 1, 2009 through 26 June 30, 2010. (Option year three, if exercised, shall be effective July 1, 2010 27 through June 30,2011. 28 3. The other provisions of the written contract are reaffirmed as originally stated. El I ]T"A" Packet Pg. 1454 7.BS.d- 2008-134 1 AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT 2 APPLIED LNG TECHNOLOGIES 3 4 5 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. 6 7 Dated: _, 2008 APPLIED LNG TECIINOLO IES 2 / w 9 By: °a 10 0 I1 a t 12 0 v Dated: 2008 CITY OF AN BERNARDINO 13 14 'a a 15 By -red 6son,City Manager a a 16 17 ATTEST: c 18 j') E 19 Rachel Clark, City Clerk 4 20 d 21 E L u 22 Approved as to form: a 23 James F. Penman 24 City Attorney 25 By: 26 27 28 � I�tPg 1455` 7.B SA 2008-308 1 AMENDMENT NO.2 TO THE VENDOR SERVICE AGREEMENT APPLIED LNG TECHNOLOGIES 2 This Agreement is entered into this 4th day of August 2008,by and between 3 Applied LNG Technologies ("VENDOR')and the City of San Bernardino 4 ("CITY"or"San Bemardino'�. 5 RECITALS 6 A. On February 4,2008, Applied LNG Technologies and the City of San Bernardino 7 entered into a Vendor Services Agreement ("Agreement's for the purchase of o LNG fuel for a not-to-exceed amount of$99,900, a copy of which is attached 8 hereto as"Attachment 1"and incorporated by this reference. w 9 B. On April 7`", 2008, Applied LNG Technologies and the City of San Bernardino a 10 amended the Agreement to increase the amount of the Agreement by$50,000. m 11 C. On April 21", 2008 Applied LNG Technologies and the City of San Bernardino 0 c 12 amended the Agreement to increase the amount of the Agreement by$100,100 for m a total not-to-exceed purchase price of$250,000 for LNG fuel, and amend the 13 Z 14 Agreement terms to add three(3)single year renewal options. D. The CITY and VENDOR now desire to amend the Agreement terms to include a a 15 Contract Purchase Order amount of $1,000,000 with three single year renewal a 16 options for a total not-to-exceed purchase price of$1,000,000 for the purchase of 17 LNG. 18 E 19 AGREEMENT s m 20 hi consideration of the mutual promises contained in the Vendor Services a Agreement, the parties agree as follows: 21 1. Paragraph 1 and 2 of the Agreement dated February 4, 2008, attached here to 22 as Attachment 1, is amended to incorporate the terms and conditions of =° a 23 Amendment 2 and incorporated herein by this reference. 24 2. The total Agreement price shall be for$1,000,000 beginning in FY08 109. 25 3. The term of this agreement shall be from July 1, 2008 through June 30, 2009, 26 with three (3) one-year extensions at the City's option. Option year one, if 27 exercised,shall be effective July 1,2009 through June 30,2010. Option year 28 EXHIBIT"A" Packet Pg. 1456 7.BS.d 2008-308 AMENDMENT NO.2 TO THE VENDOR SERVICE AGREEMENT 1 APPLIED LNG TECHNOLOGIES 2 3 two, if exercised, shall be effective July 1, 2010 through June 30, 2011. 4 Option year three,if exercised, shall be effective July 1, 2011 through June 30, 5 2012. 4. The other provisions of the written contract are reaffirmed as originally stated. 6 7 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day o 2 8 and date first above written. g X W 9 a Dated: 2008 APPLIED LNG TECHNOLOGIES N 10 GGVV d o. 0 11 � By: 12 13 z J 14 Dated _ ,2008 CITY OF SAN BERNARDINO v Q 15 �LS�SdL7� ` v 16 By: Fred Wilson,City M ger 17 18 ATTEST: E c 19 20 21 Rachel Clark,City Clerk s U 22 Q 23 Approved as to fomr: 24 25 James F.Penman City Attorney 26 27 BY 28 Packet Pg. 1457 7.BSd nLwumicm 1 - 2009-308 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 4th day of February 3 2008, by and between Applied LNG Technologies ("VENDOR") and the City of San 4 Bernardino ("CITY" or"San Bernardino'). 5 WITNESSETH: 6 WHEREAS,the Mayor and Common Council has determined that it is advantageous 7 c 2 and in the best interest of the CITY to purchase LNG fuel in order to continue to fuel its new 8 9 LNG station;and w O a. 10 WHEREAS, the City of San Bernardino did not solicit and accept quotes from vendors m 11 for the purchase of LNG fuel since minor technical issues still need to be resolved before bid c c 12 specifications can be established. 13 NOW,THEREFORE, the parties hereto agree as follows: 14 d 1. SCOPE OF SERVICES. 15 a 16 For the remuneration stipulated, San Bernardino hereby engages the services of a 17 VENDOR to provide LNG fuel. 18 2. COMPENSATION AND EXPENSES. E 19 a. For the services delineated above,the CITY,upon presentation of an invoice,shall pay the 20 VENDOR up to the amount of$99,900 for the purchase of LNG fuel. C c 21 b. No other expenditures made by VENDOR shall be reimbursed by CITY. E E 22 23 3. TERM. 24 The term of this Agreement shall be for a period of one year. 25 This Agreement may be terminated at any time by thirty (30) days' written notice by 26 either party. The terms of this Agreement shall remain in force unless mutually amended. The 27 duration of this Agreement may be extended with the written consent of both parties. 28 OU31/OB Pacl4�t P9=14$8 7.6S.d 2008-308 �► 1 4. INDEMNITY. 2 CITY agrees to indemnify and hold harmless VENDOR,its officers,agents and 3 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 4 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 5 under the Agreement. fi VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 7 0 8 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from 9 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its w O o. 10 obligations under the agreement.' m 11 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any c c z 12 claim, action, loss, or damage which results from their' respective obligations under the �a 13 0 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this z 14 a 4 comparative fault. 'a 15 a 16 5. INSURANCE. a m 17 While not restricting or limiting the forgoing, during the term of this Agreement, 1$ VENDOR shall maintain in effect policies of comprehensive public, general and automobile m Is 19 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory a 20 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk c 21 d Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an t 22 `3 23 U additional named insured in each policy of insurance provided hereunder. The Certificate of G 24 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 25 termination in the policy. 26 27 2s o»t,ea packetfig bass; 7.BS.d' 2008-308 1 6. NON-DISCRIMINATION. 2 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, 4 discrimination in employment of persons because of their race, religion, color, national origin, 5 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 0 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 7 12940 of the California Government Code. 2 8 c 9 7. INDEPENDENT CONTRACTOR. u O 10 VENDOR shall perform work tasks provided by this Agreement, but for all intents and w m 11 purposes VENDOR shall be an independent contractor and not an agent or employee of the B 0 c 12 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of t- 13 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment i J I4 Compensation, and other payroll deductions for VENDOR and its officers, agents, and - 15 0° 16 employees, and all business licenses, if any are required, in connection with the services to be v 17 performed hereunder. r° 18 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. E 19 VENDOR warrants that it possesses or shall obtain, and maintain a business registration v m 20 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, C 21 0 qualifications, insurance and approval of whatever nature that are legally required of VENDOR E 22 R 28 to practice its business or profession. C 24 25 26 N 27 28 01/31/08 00*m :` 7'.BS.d' 2008-308 1 9. NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: City of San Bernardino 5 Ken Fischer,Director 300 North"D" Street 6 San Bernardino, CA 92418 Telephone: (909)384-5140 7 c 0 TO THE VENDOR: Applied LNG Technologies 8 3001 Knox St. v X Dallas, TX 75205 Iri 9 Telephone: (214) 697-0391 a 10 Attn: Kevin W. Markey m 0 11 10. ATTORNEYS' FEES. 0 L 12 In the event that litigation is brought by any party in connection with this Agreement, t7 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, z 14 m including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 'a 15 ¢ 16 its rights or remedies hereunder or the enforcement of any of the terms, conditions or v m 17 provisions hereof. The costs, salary and expenses of the City Attorney and members of his Y8 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' E L 19 fees"for the purposes of this paragraph. x 11. ASSIGNMENT. c w 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 23 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 25 and shall constitute a breach of this Agreement and cause for the termination of this 26 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 27 28 01/31108 Packd't Ifwg".14Si ' 7.8S.d 2008-308 1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 12. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino, State of California or the U.S. District Court for the Central District of California, 7 `o- 8 Riverside Division. The aforementioned choice of venue is intended by the parties to be .c a, 9 mandatory and not permissive in nature. X O CL 10 13. GOVERNING LAW. m 11 This Agreement shall be governed by the laws of the State of California o c r 12 14. SUCCESSORS AND ASSIGNS. ° 13 z This Agreement shall be binding on and inure to the benefit of the parties to this Z 14 a Agreement and their respective heirs,representatives, successors,and assigns. a 15 a 16 15. HEADINGS. a 17 The subject headings of the sections of this Agreement are included for the purposes of 1$ convenience only and shall not affect the construction or the interpretation of any of its a E 19 L provisions. 20 16. ENTIRE AGREEMENT; MODIFICATION. a c 21 This Agreement constitutes the entire agreement and the understanding between the E 23 parties, and supersedes any prior agreements and understandings relating to the subject manner C 24 of this Agreement. This Agreement may be modified or amended only by a written instrument 25 executed by all parties to this Agreement. 26 //l 27 28 01li1/OB °PacKel�?g°a4G2 2008-308 1 VENDOR SERVICE AGREEMENT APPLIED LNG TECHNOLOGIES 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 3 and date set forth below. 4 5 Dated: 3 (d 2008 VENDO 6 By' 1 7 Its- l alts o N 8 Dated, r� w ,2008 CITY OOFRDINO m X W 9 By. a 10 Fred anager 11 0 12 Approved as to Form: v F- 13 z J 14 By ____ -Z'_ d es F.Penman, City Attomey 'a 15 a a 16 17 18 E 19 L 20 a C 21 E 22 ° a 23 24 25 26 27 28 01/31108 Packet`Pg.�74fi3