HomeMy WebLinkAbout2016-112 RESOLUTION NO. 2016-112
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
3 THE VENDOR SERVICE AGREEMENT BETWEEN APPLIED LNG
TECHNOLOGIES INC. AND THE CITY OF SAN BERNARDINO
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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Section 1. The City Manager is hereby authorized and directed to execute a Second
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Amendment to the Vendor Services Agreement between the City of San Bernardino and
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9 Applied LNG Technologies Inc.,attached hereto as Exhibit"A" and incorporated herein by
10 the reference.
11 Section 2. The Director of Finance, or his designee is hereby authorized to extend the
12 annual purchase order for Applied LNG Technologies Inc. for the term of July 1, 2016
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through June 30, 2017.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
2 THE VENDOR SERVICE AGREEMENT BETWEEN APPLIED LNG
TECHNOLOGIES INC. AND THE CITY OF SAN BERNARDINO
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
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7 the 6t" day of June, 2016, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
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BARRIOS X
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12 VALDIVIA X
13 SHORETT X
14 NICKEL X
15 RICHARD X
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MULVIHILL X
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18ic.�
19 Georgeak Hanna, PC, City Clerk
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The foregoing resolution is hereby approved this ! day of June, 2016.
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23 R. Carey Da is, Mayor
City of San ernardino
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25 Approved as to form:
Gary D. Saenz, City Attorney
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By
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2016-112
a
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
APPLIED LNG TECHNOLOGIES, INC. FOR
LIQUEFIED NATURAL GAS
This Amendment Number Two (the "Second Amendment") is entered into this h tb, day of
.Tune , 2016, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Applied LNG Technologies, Inc., (the "VENDOR") (individually CITY or VENDOR
may be referred to as a "PARTY" and collectively CITY and VENDOR may be referred
to as the "PARTIES").
WITNESSETH :
WHEREAS, on October 15, 2012, the Mayor and Common Council adopted Resolution
2012-253 authorizing the City Manager to execute a contract between the CITY and VENDOR
for Liquefied Natural Gas (the "Agreement"); and,
WHEREAS, on May 6, 2013, the Mayor and Common Council adopted Resolution
2032-79 authorizing the City Manager to execute Amendment Number One (the "First
Amendment") to the Agreement and to increase the purchase order for the Agreement to an
amount not to exceed ONE MILLION TWENTY SIX THOUSAND SEVEN HUNDRED
SIXTY TWO DOLLARS AND THIRTY EIGHT CENTS ($1,026,762.38); and,
WHEREAS, CITY and VENDOR desire to further amend the Agreement for desire to
amend their rights, duties, and liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section 3 term shall be amended to read as follows:
"3. TERM.
This Agreement will be effective on October 1, 2012 through June 30, 2013 with four
(4) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2013 through June 30, 2014. Option year two, if exercised, shall be
effective July 1, 2014 through June 30, 2015. Option year three, if exercised, shall be
effective July 1, 2015 through June 30, 2016. Option year four, if exercised, shall be
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND APPLIED LNG TECHNOLOGIES,INC.FOR LNG
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2016-112
effective July 1, 2016 through June 30, 2017. Actual option pricing shall be
negotiated with VENDOR prior to exercising any given option year. This Agreement
may be terminated at any time, for any reason, or no reason, 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."
2. The remaining terms of the Agreement remain in full force and effect.
[Signature Page Follows]
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND APPLIED LNG TECHNOLOGIES,INC. FOR LNG
Page 2 of 3
2016-112
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
APPLIED LNG TECHNOLOGIES, INC. FOR
LIQUEFIED NATURAL GAS
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: Sew 2& , 2016 VENDOR: Applied LNG Technologies, Inc.'4
lqQ Lz4 Z
Its: 7 es t C� E C
Dated ( `cme- , 2016 CITY OF SAN BERNARDINO
By: Ao"(114 4-c—�
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND APPLIED LNG TECHNOLOGIES,INC. FOR LNG
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