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HomeMy WebLinkAbout09.J- Public Works r DOC ID: 2398 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Budget Amendment From: Tony Frossard M/CC Meeting Date: 05/06/2013 Prepared by: Chris Lopez, (909) 384-5140 Dept: Public Works Ward(s): Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Process a Budget Amendment in the Amount of$27,000.00 from Account No. 635-400-0100-5113, Motor Fuel and Lubricants, and Transferring Said Amount to Account No. 635-400-0100-5172, Equipment Maintenance. (#2398) Current Business Registration Certificate: Financial Impact: The budget amendment will transfer$27,000 from account 635-400-0100-5113 (Motor Fuel and Lubricants) to 635-400-0100-5172 (Equipment Maintenance)to cover emergency repairs to the CNG fueling station. The adopted budgeted amounts for FY 12/13 are shown below: 635-400-0100-5113 (Motor Fuel and Lubricants): $2,567,000 635-400-0100-5172 (Equipment Maintenance): $41,000 After approval of this item the amended budget for FY 12/13 will be as follows: 635-400-0100-5113: $2,540,000 635-400-0100-5172: $68,000 Motion: Adopt Resolution. Synopsis of Previous Council Action: October 15, 2012: MCC authorized Resolution 2012-253 and issuance of Purchase Order to Applied LNG Technology for purchase of Liquefied Natural Gas (LNG) fuel and maintenance of the LCNG fueling station. April 22, 2013: MCC authorized payment in the amount of$26,742.38 to repair a catastrophic failure of the CNG fueling station. Background: The Public Works Department, Fleet Management Division operates a Compressed Natural Gas (CNG) fueling station at the City yard. The CNG station is part of the grant-funded LNG/CNG station built in 2008. A total of 86 City vehicles utilize this station for fueling purposes every day, and the City also sells CNG fuel to the public and is available 24 hours a day, 7 days a week. Currently two bus companies utilize the station resulting in$15,000 to $18,000 in revenue per month for the City. On October 15, 2012, Resolution 2012-253 authorized the issuance of a Purchase Order to Applied LNG Technology of Westlake Village, CA in the amount of$1,000,000 for the purchase of LNG fuel and maintenance of the LCNG fueling station. This covers routine maintenance and provides for the purchase of fuel for the City fleet, as well as fuel for others that utilize the Updated:4/30/2013 by Jolena E.Grider A Pn ��� f 2398 station. On April 17, 2013 at approximately 10:00 a.m. the CNG compressor(Warm-End) suffered a catastrophic failure which resulted in City trucks having to utilizing the City of Redlands fueling station in order to obtain fuel. In addition to the required travel time to Redlands for fuel, city employees are then required to wait their turn in line for fuel and this takes 1 to 3 hours and has resulted in overtime. The replacement part has been ordered and is in transit from Texas with an expected completion date of April 25, 2013. Supporting Documents: reso 2398 (PDF) vsa applied ing_001 (PDF) reso 2012 253_001 (PDF) memo (PDF) Updated:4/30/2013 by Jolena E.Grider A �' 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO 3 PROCESS A BUDGET AMENDMENT IN THE AMOUNT OF $27,000.00 FROM 4 ACCOUNT NO. 635-400-0100-5113, MOTOR FUEL AND LUBRICANTS, AND TRANSFERRING SAID AMOUNT TO ACCOUNT NO. 635400-0100-5172, 5 EQUIPMENT MAINTENANCE. c 6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON w 7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Z 8 0 SECTION 1. The Mayor and Common Council of the City of San Bernardino L 9 10 authorize the Director of Finance to process a budget amendment in the amount of Twenty- seven Thousand Dollars ($27,000.00) from Account No. 635-400-0100-5113, Motor Fuel and d L 12 Lubricants, and transferring said amount to Account No. 635-400-0100-5172, Equipment w 13 Maintenance. w 14 E 15 E 16 17 m 18 /// 00 CD M 19 /// Go 20 c 21 22 23 r 24 25 26 IlI 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO 2 PROCESS A BUDGET AMENDMENT IN THE AMOUNT OF $27,000.00 FROM ACCOUNT NO. 635-400-0100-5113, MOTOR FUEL AND LUBRICANTS, AND 3 TRANSFERRING SAID AMOUNT TO ACCOUNT NO. 635-400-0100-5172, 4 EQUIPMENT MAINTENANCE. 5 6 i HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 2 m 7 Common Council of the City of San Bernardino at a meeting 0 z U 8 thereof,held on the day of , 2013,by the following vote,to wit: N 9 M CL Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ = d L 12 JENKINS E w 13 VALDIVIA 14 SHORETT E 15 KELLEY a 16 17 JOHNSON m 18 MCCAMMACK 00 M 19 00 20 Georgeann Hanna, City Clerk o 21 L The foregoing resolution is hereby approved this day of ,2013. 22 E 23 r Patrick J. Morris,Mayor a 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, 27 City Attorney 28 By: P�acke#'Pg�437m 9.J.b 2012-253 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 15th day of October 3 2012,by and between Applied LNG Technologies,Inc. ("VENDOR'I and the City of San 0 4 ' Bernardino("CITY"or"San Bernardino'D. in 5 � WTI'NESSETH: Z 6 0 ' WHEREAS,the Mayor and Common Council has determined that it is advantageous N 8 and in the best interest of the CITY to contract for Liquefied Natural Gas and 9 WHEREAS, the City of San Bernardino did solicit and accept quotes from available CD 10 vendors for Liquefied Natural Gas and VENDOR was the lowest qualified bidder. 11 W NOW,THEREFORE,the parties hereto agree as follows: 12 1. SCOPE OF SERVICES. 13 a 14 For the remuneration stipulated, San Bernardino hereby engages the services of E 15 VENDOR to provide those products and services as set forth in this purchase agreement and a 16 identified in VENDOR's response to the September 19,2012 Request for Quotes ("RFQ")F- 17 00 13-08, which response is attached hereto and incorporated herein as though fully set forth as M 18 Exhibit 1A, Exhibit 1B, and Exhibit 1C. In the event there is a conflict between VENDOR's 19 ° ° 20 response to the RFQ and this Agreement,this Vendor Services Agreement shall govern. 21 2. COMPENSATION AND EXPENSES. ?� .Q cs. 22 a. For the services delineated above, the CITY, upon presentation of an invoice, shall U) 23 pay the VENDOR up to the amount of$1,000,000.00 for Liquefied Natural Gas. > 24 b. No other expenditures made by VENDOR shall be reimbursed by CITY. E 25 26 Q 27 28 Exhibit"A" 1 Packet Pg.438 9.J.b 2012-253 1 3. TERM. 2 This Agreement will be effective on October 1,2012 through June 30,2013 with three 3 (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective 0 4 July 1, 2013 through June 30, 2014. Option year two, if exercised, shall be effective July 1, 5 2014 through June 30, 2015. Option year three, if exercised, shall be effective July 1, 2015 z 6 0 through June 30, 2016. Actual option year pricing shall be negotiated with VENDOR prior to y 7 o. 8 exercising any given option year. 9 This Agreement may be terminated at any time, for any reason,or no reason,by thirty CD rn 10 (30) days' written notice by either party. The terms of this Agreement shall remain in force 11 w unless mutually amended. The duration of this Agreement may be extended with the written 12 consent of both parties. 13 14 4. INDEMNITY. 15 CITY agrees to indemnify and hold harmless VENDOR,its officers,agents and Q a a� 16 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from m 17 CITY's negligent acts or omissions arising from the CITY's performance of its obligations a 18 under the Agreement. 0 19 ° 20 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 21 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from .Q a 22 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its 23 obligations under the Agreement. +- c 24 E In the event the CITY and/or the VENDOR is found to be comparatively at fault for 25 any claim, action, loss, or damage which results from their respective obligations under the a 26 27 28 Exhibit"A" 2 Packet Pg.439 9.J.b 2012-253 1 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 2 comparative fault. 3 5. INSURANCE. 0 4 While not restricting or limiting the forgoing, during the term of this Agreement, N 5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile z 6 0 7 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory CL S worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an a� a� 10 additional named insured in each policy of insurance provided hereunder. The Certificate of 11 W Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 12 r termination in the policy. 13 E 14 6. NON-DISCRIMINATION. 15 In the performance of this Agreement and in the hiring and recruitment of employees, a 16 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, m 17 discrimination in employment of persons because of their race,religion,color,national origin, co is N ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender c 19 01 20 or sexual orientation, or any other status protected by law, except as permitted pursuant to 21 Section 12940 of the California Government Code. .Q 0. 22 7. INDEPENDENT CONTRACTOR 23 > VENDOR shall perform work tasks provided by this Agreement,but for all intents and ., 24 a: purposes VENDOR shall be an independent contractor and not an agent or employee of the E 25 26 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of a 27 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 28 Exhibit"A" 3 Packet Pg.440 9.J.b 2012-253 1 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 2 employees, and all business license, if any are required, in connection with the services to be 3 performed hereunder. 0 4 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER 5 REQUIREMENTS. z z 6 0 7 VENDOR warrants that it possesses or shall obtain, and maintain a business N 8 registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, 9 permits,qualifications, insurance and approval of whatever nature that are legally required of a� 10 VENDOR to practice its business or profession. 11 9. NOTICES. 12 r Any notices to be given pursuant to this Agreement shall be deposited with the United 13 E 14 States Postal Service,postage prepaid and addressed as follows: 15 TO THE CITY: Public Works Director CD 300 North"D"Street 16 San Bernardino,CA 92418 0 Telephone: (909)384-5140 0° 17 00 18 TO THE VENDOR: Applied LNG Technologies,Inc. co 31111 Agoura Road Suite 208 19 Westlake Village,CA. 91361 0l 20 Telephone: (808)450-3650 Contact: Cem Hacioglu 21 10. ATTORNEYS'FEES .Q 0. 22 In the event that litigation is brought by any party in connection with this Agreement, �a N 23 the prevailing party shall be entitled to recover from the opposing party all costs and '• c 24 expenses,including reasonable attorneys' fees, incurred by the prevailing party in the exercise E 25 26 of any of its rights or remedies hereunder or the enforcement of any of the terns, conditions a 27 or provisions hereof. The costs,salary and expenses of the City Attorney and members of his 28 Exhibit"A" 4 Packet Pg.441 9.J.b 2012-253 1 office in enforcing this Agreement on behalf of the CITY shall be considered "attorneys' 2 fees"for the purposes of this paragraph. 3 11. ASSIGNMENT. 0 4 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 5 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior v 6 0 7 written consent. Any attempted assignment,transfer,subletting or encumbrance shall be void i M 8 and shall constitute a breach of this Agreement and cause for the termination of this 9 Agreement. Regardless of CITY's consent, no subletting or assignment shall release a� rn 10 VENDOR of VENDOR's obligation to perform all other obligations to be performed by E 11 W VENDOR hereunder for the term of this Agreement. 12 12. VENUE. d 13 E a 14 The parties hereto agree that all actions or proceedings arising in connection with this a 15 Agreement shall be tried and litigated either in the State courts located in the County of San rn 16 Bernardino, State of California or the U.S.District Court for the Central District of California, m 17 Riverside Division. The aforementioned choice of venue is intended by the parties to be the co 18 mandatory and not permissive in nature. c 19 20 13. GOVERNING LAW. _ 21 This Agreement shall be governed by the laws of the State of California. =' o. 22 14. SUCCESSORS AND ASSIGNS. 23 '. This Agreement shall be binding on and inure to the benefit of the parties to this 24 E Agreement and their respective heirs,representatives,successors,and assigns. 25 w 26 a 27 28 Exhibit"A" 5 Packet Pg.442 9.J.b 2012-253 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes 3 of convenience only and shall not affect the construction or the interpretation of any of its 0 4 provisions. 5 0 16. ENTIRE AGREEMENT;MODIFICATION. z 6 0 7 This Agreement constitutes the entire agreement and the understanding between the CL 8 parties, and supercedes any prior agreements and understandings relating to the subject 9 manner of this Agreement. This Agreement may be modified or amended only by a written = (D a) 10 instrument executed by all parties to this Agreement. E 11 LU 12 13 E 14 E a 15 /// CD 16 m 17 M 18 ,- 19 ° ° 20 21 Q Q 22 CU Cn 23 24 E 25 w r 26 a 27 28 Exhibit"A" 6 Packet Pg.443 9.J.b 2012-253 VENDOR SERVICE AGREEMENT 1 APPLIED LNG TECHNOLOGIES,INC. 2 3 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day 0 4 and date set forth below. 5 Dated:1Z 2012 VENDORi:u z 6 By: y 7 CL 8 Its: t d 9 Dated--E-`— -�,2012 CITY F SAN BERNARDINO (D a, 10 By: L An ea Travis-Mi er,Acting City Manager w 11 12 �- Approved as to Form: 13 14 E a 15 BY: J Penman,City Attorney -� 16 m 17 co M 18 19 0 20 = 21 C .Q Q 22 W 23 24 E 25 w 26 a 27 28 Exhibit"A" 7 Packet Pg. 444 9.J.b 2012-253 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 15th day of October 3 2012,by and between Applied LNG Technologies,Inc. ("VENDOR')and the City of San 4 Bernardino("CITY"or"San Bernardino"). 0 0 5 WITNESSETH: N 6 z z WHEREAS,the Mayor and Common Council has determined that it is advantageous o 7 L 8 and in the best interest of the CITY to contract for Liquefied Natural Gas and M a� 9 WHEREAS, the City of San Bernardino did solicit and accept quotes from available 10 vendors for Liquefied Natural Gas and VENDOR was the lowest qualified bidder. a� 11 E NOW, THEREFORE,the parties hereto agree as follows: w 12 1. SCOPE OF SERVICES. c 13 14 For the remuneration stipulated, San Bernardino hereby engages the services of E 15 VENDOR to provide those products and services as set forth in this purchase agreement and a 16 identified in VENDOR's response to the September 19, 2012 Request for Quotes ("RFQ") F- m 17 13-08, which response is attached hereto and incorporated herein as though fully set forth as 18 Exhibit IA, Exhibit 1B, and Exhibit 1C. In the event there is a conflict between VENDOR's 19 0 response to the RFQ and this Agreement,this Vendor Services Agreement shall govern. 20 21 2. COMPENSATION AND EXPENSES. =' 22 a. For the services delineated above, the CITY, upon presentation of an invoice, shall M N 23 pay the VENDOR up to the amount of$1,000,000.00 for Liquefied Natural Gas, 24 E b. No other expenditures made by VENDOR shall be reimbursed by CITY. 25 w a 26 27 28 Exhibit"A" 1 Packet Pg.445 s 9.J.b 2012-253 i 4 1 3. TERM. 2 This Agreement will be effective on October 1, 2012 through June 30,2013 with three 3 (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective 4 July 1, 2013 through June 30, 2014. Option year two, if exercised, shall be effective July 1, .o 5 � 2014 through June 30, 2015. Option year three, if exercised, shall be effective July 1, 2015 m 6 z through June 30, 2016. Actual option year pricing shall be negotiated with VENDOR prior to 0 7 L 8 exercising any given option year. Q d 9 This Agreement may be terminated at any time, for any reason, or no reason, by thirty c 10 (30) days' written notice by either party. The terms of this Agreement shall remain in force Q E 11 unless mutually amended. The duration of this Agreement may be extended with the written W 12 consent of both parties. 13 E 14 4. INDEMNITY. E 15 CITY agrees to indemnify and hold harmless VENDOR,its officers, agents and a a� 16 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from m 17 CITY's negligent acts or omissions arising from the CITY's performance of its obligations M 18 under the Agreement. 19 ° 20 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and C 21 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from (D .Q Q. 22 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its M N 23 obligations under the Agreement. 24 E In the event the CITY and/or the VENDOR is found to be comparatively at fault for 25 26 any claim, action, loss, or damage which results from their respective obligations under the a 27 28 Exhibit"A" 2 Packet Pg.446 9.J.b 2012-253 1 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 2 comparative fault. 3 5. INSURANCE. N 4 While not restricting or limiting the forgoing, during the term of this Agreement, g 5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 6 z 7 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory L 8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk co as 9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an c 10 additional named insured in each policy of insurance provided hereunder. The Certificate of a� E 11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or W 12 termination in the policy. 13 E 14 6. NON-DISCRIMINATION. E 15 In the performance of this Agreement and in the hiring and recruitment of employees, Q a� 16 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, m 17 discrimination in employment of persons because of their race,religion, color, national origin, M 18 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender c 19 C1 or sexual orientation, or any other status protected by law, except as permitted pursuant to = 20 - 21 Section 12940 of the California Government Code. °-' .Q o. 22 7. INDEPENDENT CONTRACTOR a N 23 VENDOR shall perform work tasks provided by this Agreement,but for all intents and c 0 24 E purposes VENDOR shall be an independent contractor and not an agent or employee of the v 25 w 26 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of a 27 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 28 Exhibit"A" 3 Packet Pg.447 9.J.b 2012-253 1 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 2 employees, and all business license, if any are required, in connection with the services to be 3 performed hereunder. 4 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER o 5 REQUIREMENTS. c� 6 Z 7 VENDOR warrants that it possesses or shall obtain, and maintain a business 0 N L 8 registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, Q m 9 permits, qualifications, insurance and approval of whatever nature that are legally required of c d 10 VENDOR to practice its business or profession. E 11 9. NOTICES. w ai 12 Any notices to be given pursuant to this Agreement shall be deposited with the United C 13 E 14 States Postal Service,postage prepaid and addressed as follows: E 15 TO THE CITY: Public Works Director Q 300 North"D" Street a� 16 San Bernardino, CA 92418 m 17 Telephone: (909) 384-5140 ° 18 TO THE VENDOR: Applied LNG Technologies,Inc. 31111 Agoura Road Suite 208 0 19 Westlake Village, CA. 91361 20 Telephone: (808)450-3650 =' Contact: Cem Hacioglu 21 10. ATTORNEYS' FEES a 22 In the event that litigation is brought by any party in connection with this Agreement, y 23 the prevailing party shall be entitled to recover from the opposing party all costs and E E expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise 25 a 26 of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions 27 or provisions hereof. The costs, salary and expenses of the City Attorney and members of his 28 Exhibit"A" 4 Packet Pg.448 9.J.b 2012-253 1 office in enforcing this Agreement on behalf of the CITY shall be considered "attorneys' 2 fees"for the purposes of this paragraph. 3 11. ASSIGNMENT. N 4 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or o 5 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 6 Z written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 0 , � L- and shall constitute a breach of this Agreement and cause for the termination of this Q a� 9 Agreement. Regardless of CITY's consent, no subletting or assignment shall release c 10 VENDOR of VENDOR's obligation to perform all other obligations to be performed by T Q E 11 VENDOR hereunder for the term of this Agreement. w a� 12 r 12. VENUE. 13 E 14 The parties hereto agree that all actions or proceedings arising in connection with this r_ E 15 Agreement shall be tried and litigated either in the State courts located in the County of San a� 16 Bernardino, State of California or the U.S. District Court for the Central District of California, m 17 Riverside Division. The aforementioned choice of venue is intended by the parties to be the co 18 N mandatory and not permissive in nature. c 19 CD, 20 13. GOVERNING LAW. c 21 This Agreement shall be governed by the laws of the State of California. .Q CL 22 14. SUCCESSORS AND ASSIGNS. y 23 This Agreement shall be binding on and inure to the benefit of the parties to this a 24 Agreement and their respective heirs,representatives,successors, and assigns. 25 a 26 27 28 Exhibit"A" 5 Packet Pg.449 9.J.b 2012-253 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes 3 of convenience only and shall not affect the construction or the interpretation of any of its c 4 provisions. ° r m 5 16. ENTIRE AGREEMENT; MODIFICATION. 6 Z U 7 This Agreement constitutes the entire agreement and the understanding between the o L 8 parties, and supercedes any prior agreements and understandings relating to the subject CD W. 9 manner of this Agreement. This Agreement may be modified or amended only by a written c 10 �' instrument executed by all parties to this Agreement. a� E W 12 13 E 14 E 15 16 m 17 co M 18 -- CD 19 0 20 21 a 22 23 24 E U 25 Q 26 27 28 Exhibit"A" 6 Packet Pg.450 9.J.b 2012-253 1 VENDOR SERVICE AGREEMENT APPLIED LNG TECHNOLOGIES,INC. 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day N 4 and date set forth below. ° 5 Dated: , 2012 VENDOR. Cn 6 U By. 7 Cn L 8 Its: Q m 9 Dated , 2012 CITY OF SAN BERNARDINO CD c 10 By: 11 Andrea Travis-Miller, Acting City Manager w a� 12 13 Approved as to Form: 14 E 15 By: 7 Penman, City Attorney �+ 16 m 17 co M 18 ° 19 20 ° 21 22 M 23 CD 24 25 a 26 27 28 Exhibit"A" 7 Packet Pg.451 9.J.c RESOLUTION NO. 2012-253 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE 4 YEAR RENEWAL OPTIONS TO APPLIED LNG TECHNOLOGIES, INC., FOR N LIQUEFIED NATURAL GAS TO BE UTILIZED BY THE PUBLIC WORKS o 5 DEPARTMENT FLEET DIVISION. En 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE Z z CITY OF SAN BERNARDINO AS FOLLOWS: U 7 0 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby CL 9 authorized to execute on behalf of said City an Agreement between the City of San c 10 Bernardino and Applied LNG Technologies, Inc., a copy of which is attached hereto, marked d 11 Exhibit"A"and incorporated herein by reference as fully as though set forth at length. w a� 12 SECTION 2. That Applied LNG Technologies, Inc. provides Liquefied Natural Gas 13 E 14 and was the lowest responsive bidder to RFQ F-13-08. Pursuant to this determination, the a� 15 Purchasing Manager is hereby authorized to issue an Annual Purchase Order,to Applied LNG a JJ 16 Technologies, Inc., in an amount not to exceed $1,000,000 beginning in Fiscal Year a m 17 2012/2013. M 18 SECTION 3. The Purchase Order shall reference this Resolution Number and shall r 19 ° read, "Applied LNG Technologies, Inc., for Liquefied Natural Gas, P.O. not to exceed C� 20 N 21 $1,000,000", and shall incorporate the terms and conditions of the Agreement. N N O 22 111 i 23 24 25 a 26 27 28 Packet Pg.452 9.J.c 2012-253 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR RENEWAL OPTIONS TO APPLIED LNG TECHNOLOGIES, INC., FOR 3 LIQUEFIED NATURAL GAS TO BE UTILIZED BY THE PUBLIC WORKS 4 DEPARTMENT FLEET DIVISION. 0 r 5 n SECTION 4. The authorization to execute the above-referenced Agreement is Cn 6 z rescinded if it is not executed within ninety(90)days of the passage of this resolution. v 7 ° 0 N 8 Q d 9 10 = L 11 w 12 13 : 14 15 /// a 16 11/ m 17 co 18 N 19 0 20 N 21 /// o N 22 L 23 24 E 25 a 26 27 28 Packet Pg.453 9.J.c 2012-253 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR RENEWAL OPTIONS TO APPLIED LNG TECHNOLOGIES FOR 3 LIQUEFIED NATURAL GAS TO BE UTILIZED BY THE PUBLIC WORKS 4 DEPARTMENT FLEET DIVISION. 0 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 Joint regulameeting thereof, held on z the 15th day of October , 2012,by the following vote,to wit: N 0 L 8 Council Members: AYES NAYS ABSTAIN ABSENT a 9 a 10 MARQUEZ x = m L 11 JENKINS x w 12 VALDIVIA x 6 13 SHORETT x 14 KELLEY x 15 a JOHNSON _x 16 17 MCCAMMACK x - m ° a� 18 t Geor Ha ity Clerk r 19 20 The foregoing resolution is hereby approved this 1 day of October M 2012. N N 21 0 ,..I N 22 k Patri c J. Morris, or 23 )&4,ot San Bernardino Approved as to Form: 24 25 es F. Penman, City Attorney Q 26 27 28 Packet Pg.454 ICITY OF SAN BERNARDINO Tony Frossard-DIRECTOR PUBLIC WORKS DEPARTMENT 300 North 'V"Street Igo San Bernardino,C4 92418-0001 909.384.5140 San Bohr r ino Date: April 22, 2013 0 To: The Mayor and Common Council w Cn c� From: Tony Frossard,Public Works Director Z U O r Subject: CNG Pump Replacement L M CL Copies: Allen Parker, City Manager c as The Public Works Department, Fleet Division operates a Compressed Natural Gas (CNG) fueling station at the City yard. The CNG station is part of the grant-funded LNG/CNG station w built in 2008. The CNG pumps are down due to equipment failure. Many of our City vehicles hi are CNG powered and the City also sells CNG fuel to two bus companies. c m While the pumps are down, the City trucks must now fuel in Redlands taking time away from E work days. It is 8 miles from the City yard to the Redlands yard and takes approximately 20 minutes each way. Also, because Redland is a small station, there is a high probability of a waiting in line to fuel the vehicle. As our trucks fill in Redlands,they pay the full rate for CNG $2.65 per gallon equivalent. This is compared to the cost of$0.97 per gallon equivalent when 3 fueled at our City station. 00 00 C) The CNG station is also a revenue source for the City, as two bus companies fuel at our station PNL regularly. We charge $2.67 per gallon equivalent and pay only $0.97 each. The fuel consumed o by the buses generates $15,000 to $18,000 of revenue per month. d E After having the CNG compressor inspected, staff was advised that it lost oil pressure, which caused the unit to overheat leading to a catastrophic failure. The vendor, Applied LNG E Technologies,has invoiced the City for repairs in the amount of$26,742.38. M r It is the recommendation of the City Manager to immediately approve payment of this invoice a in the amount of$26,742.38. Packet Pg. 455